07/14/2020CITY OF GRAND TERRACE
CITY COUNCIL
AGENDA ● JULY 14, 2020
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
PUBLIC ADVISORY: THE COUNCIL CHAMBER IS NOW OPEN TO THE PUBLIC!!
Beginning June 15, 2020, the City of Grand Terrace will reopen its public meetings. Therefore, the regular
meeting of the City Council for July 14, 2020 is now open to the public. Please be advised that face
masks are required, social distancing will be practiced, and occupancy limits will be enforced.
Please note that Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on
March 17, 2020, the regular meeting of the City Council for July 14, 2020 will also be conducted
telephonically through Zoom and broadcast live on the City’s website.
COMMENTS FROM THE PUBLIC
The public is encouraged to address the City Council on any matter posted on the agenda or on any other
matter within its jurisdiction. If you wish to address the City Council, you are invited to provide your name
to the City Clerk who will be compiling a list of speakers. Speakers will be called upon by the Mayor at the
appropriate time and each person is allowed three (3) minutes speaking time.
If you would like to participate telephonically and speak on an agenda item, you can access the meeting
by dialing the following telephone number and you will be placed in the waiting room, muted until it is your
turn to speak:
*67 1-669-900-9128
Enter Meeting ID: 831 3591 0778
Password: 134431
The City wants you to know that you can also submit your comments by email to
ccpubliccomment@grandterrace-ca.gov. To give the City Clerk adequate time to print out your comments
for consideration at the meeting, please submit your written comments prior to 5:00 p.m.; or if you are
unable to email, please call the City Clerk’s Office at (909) 824-6621 by 5:00 p.m.
If you wish to have your comments read to the City Council during the appropriate Public Comment
period, please indicate in the Subject Line “FOR PUBLIC COMMENT” and list the item number you wish
to comment on. Comments that you want read to the City Council will be subject to the three (3) minute
time limitation (approximately 350 words).
Pursuant to the provisions of the Brown Act, no action may be taken on a matter unless it is listed on the
agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to
investigate and/or schedule certain matters for consideration at a future City Council meeting.
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this
agenda are available for public viewing and inspection at City Hall, 1st Floor Lobby Area and 2nd Floor
Reception Area during regular business hours and on the City’s website www.grandterrace-ca.gov. For
further information regarding agenda items, please contact the office of the City Clerk at (909) 824-6621
x230, or via e-mail at dthomas@grandterrace-ca.gov.
Any documents provided to a majority of the City Council regarding any item on this agenda will be made
available for public inspection in the City Clerk’s office at City Hall located at 22795 Barton Road during
normal business hours. In addition, such documents will be posted on the City’s website at
www.grandterrace-ca.gov.
Agenda Grand Terrace City Council July 14, 2020
City of Grand Terrace Page 2
AMERICANS WITH DISABILITIES ACT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Clerk’s Office, (909) 824-6621 x230 at least 48 hours prior to the
advertised starting time of the meeting. This will enable the City to make reasonable arrangements to
ensure accessibility to this meeting. Later requests will be accommodated to the extent feasible.
CALL TO ORDER
Convene City Council
Pledge of Allegiance
Roll Call
Attendee Name Present Absent Late Arrived
Mayor Darcy McNaboe
Mayor Pro Tem Doug Wilson
Council Member Sylvia Robles
Council Member Bill Hussey
Council Member Jeff Allen
A. SPECIAL PRESENTATIONS
Post Fireworks Update and After Action Report presented by San Bernardino County
Sheriff and San Bernardino County Fire
B. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA
C. CONSENT CALENDAR
The following Consent Calendar items are expected to be routine and noncontroversial.
They will be acted upon by the City Council at one time without discussion. Any Council
Member, Staff Member, or Citizen may request removal of an item from the Consent
calendar for discussion.
1. Waive Full Reading of Ordinances on Agenda
DEPARTMENT: CITY CLERK
2. Approval of Minutes – Regular Meeting – 06/23/2020
DEPARTMENT: CITY CLERK
Agenda Grand Terrace City Council July 14, 2020
City of Grand Terrace Page 3
3. Attachment to Minutes - 06/23/2020
DEPARTMENT: CITY CLERK
4. Reappointment of Historical & Cultural Advisory Committee Members
RECOMMENDATION:
Approve the Reappointment of Historical and Cultural Advisory Committee Members
Ann Petta, Martina Boentaran, and Lynn Smith
DEPARTMENT: CITY CLERK
5. Response to County of San Bernardino Survey Regarding Microenterprise Home
Kitchen Operations
RECOMMENDATION:
Authorize Staff To Complete And Submit County of San Bernardino Survey Concerning
Microenterprise Home Kitchen Operations Wherein Staff Will Provide Responses
Consistent With Opposing Said Operations
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
6. Approval of the May-2020 Check Register in the Amount of $403,0330.41 and June-
2020 Check Register in the Amount of $561,181.25
RECOMMENDATION:
Approve the following Check Registers:
1. Check Register No. 05312020 in the amount of $403,0330.41 as submitted, for the
period ending May 31, 2020; and
2. Check Register No. 06302020 in the amount of $561,181.25 as submitted, for the
period ending June 30, 2020.
DEPARTMENT: FINANCE
D. PUBLIC COMMENT
This is the opportunity for members of the public to comment on any items not
appearing on the regular agenda. Because of restrictions contained in California Law,
the City Council may not discuss or act on any item not on the agenda but may briefly
respond to statements made or ask a question for clarification. The Mayor may also
request a brief response from staff to questions raised during public comment or may
request a matter be agendized for a future meeting.
E. CITY COUNCIL COMMUNICATIONS
Council Member Jeff Allen
Council Member Bill Hussey
Agenda Grand Terrace City Council July 14, 2020
City of Grand Terrace Page 4
Council Member Sylvia Robles
Mayor Pro Tem Doug Wilson
Mayor Darcy McNaboe
F. PUBLIC HEARINGS
7. Adopt a Resolution Adopting Vehicle Miles Traveled Thresholds for Analysis of Traffic
Impacts Under the California Environmental Quality Act
RECOMMENDATION:
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE ADOPTING “VEHICLE MILES TRAVELED” THRESHOLDS OF
SIGNIFICANCE FOR PURPOSES OF ANALYZING TRANSPORTATION IMPACTS
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
8. 2020-2021 Landscape & Lighting Assessment District 89-1 Public Hearing and Adoption
of Resolution Ordering the Levy and Collection of Assessments Therefore
RECOMMENDATION:
1) CONDUCT THE PUBLIC HEARING; AND
2) ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE APPROVING THE ENGINEER’S ANNUAL LEVY REPORT FOR, AND
CONFIRMING THE DIAGRAM AND ASSESSMENT AND ORDERING THE LEVY
AND COLLECTION OF ASSESSMENTS WITHIN, THE CITY OF GRAND
TERRACE LANDSCAPING AND STREET LIGHTING DISTRICT NO. 89-1,
FISCAL YEAR 2020-2021
DEPARTMENT: PUBLIC WORKS
G. UNFINISHED BUSINESS
9. Appoint Two (2) Planning Commission Members to Fill Two New Four-Year Terms
Expired June 30, 2020
RECOMMENDATION:
Conduct Planning Commission Interviews and Make Appointments
DEPARTMENT: CITY CLERK
10. Second Reading and Adoption of Ordinance to Amend Title 18 of the Grand Terrace
Municipal Code and Barton Road Specific Plan to Regulate Uses Proposing Hours of
Operation Any Time Between 11:00 P.M. and 6:00 A.M., and a Related Environmental
Determination Pursuant to CEQA Regulation Section 15061(B)(3)
Agenda Grand Terrace City Council July 14, 2020
City of Grand Terrace Page 5
RECOMMENDATION:
Direct The City Attorney To Read The Title Of The Ordinance, Waive Further Reading,
And Adopt the proposed ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE, CALIFORNIA FINDING THAT ZONING CODE AMENDMENT 20-
01 AND BARTON ROAD SPECIFIC PLAN AMENDMENT 20-01 ARE EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION
15061(B)(3) AND AMENDING CHAPTER 18.06 (DEFINITIONS), CHAPTER 18.33 (C2
GENERAL BUSINESS DISTRICT) SECTION 18.33.020 (PERMITTED USES) AND
SECTION 18.33.030 (CONDITIONALLY PERMITTED USES) OF TITLE 18 OF THE
GRAND TERRACE MUNICIPAL CODE AND AMENDING BARTON ROAD SPECIFIC
PLAN (TABLE I, LAND USE MATRIX) TO ESTABLISH REQUIREMENTS FOR
BUSINESSES PROPOSING TO OPERATE AT ANY TIME BETWEEN 11:00 PM AND
6:00 AM.
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
H. NEW BUSINESS
11. Approval of Professional Services Agreements for Interim Public Works Services and
On-Call Engineering Services
RECOMMENDATION:
1. Approve a Professional Services Agreement for Interim Public Works Services with
Interwest Consulting Group (maximum compensation of $150,000);
2. Approve Professional Services Agreements with Interwest Consulting Group, TKE
Engineering, Inc., and Willdan Group for On-Call Engineering Services (maximum
compensation of $50,000 each);
3. Authorize the appropriation from Fund Balance from the following funds to provide
funding for the on-call engineering services contracts for Interwest Consulting
Group, TKE Engineering, Inc., and Willdan Group as follows:
a) Gas Tax Fund - $50,000;
b) Measure “I” Fund - $50,000;
c) Spring Mtn Ranch Mitigation - $50,000; and
4. Authorize the Mayor to Execute All Approved Agreements Subject to City Attorney
Approval As to Form.
DEPARTMENT: CITY MANAGER
I. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE
J. CITY MANAGER COMMUNICATIONS
Agenda Grand Terrace City Council July 14, 2020
City of Grand Terrace Page 6
K. CLOSED SESSION - NONE
L. ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, July 28, 2020 at 6:00
PM. Any request to have an item placed on a future agenda must be made in writing
and submitted to the City Clerk’s office and the request will be processed in accordance
with Council Procedures.
CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES ● JUNE 23, 2020
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
CALL TO ORDER
Mayor Darcy McNaboe convened the Regular Meeting of the City Council for Tuesday,
June 23, 2020 at 6:00 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Darcy McNaboe.
Attendee Name Title Status Arrived
Darcy McNaboe Mayor Present
Doug Wilson Mayor Pro Tem Remote
Sylvia Robles Council Member Present
Bill Hussey Council Member Present
Jeff Allen Council Member Present
G. Harold Duffey City Manager Present
Adrian Guerra City Attorney Present
Debra Thomas City Clerk Present
Steven Weiss Planning & Development Services Director Remote
Cynthia A. Fortune Assistant City Manager Remote
A. SPECIAL PRESENTATIONS - NONE
B. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA
G. Harold Duffey, City Manager stated Agenda Item No. H.12. Public Workshop to
Introduce Requirements for Vehicle Miles Traveled Thresholds and Local Guidelines for
Implementing the California Environmental Quality Act will be moved and heard before
F. Public Hearings.
C. CONSENT CALENDAR
Agenda Item No. C.9., Approval of Annual Appropriations Limit for Fiscal year 2020-21,
Including Adoption of the Price Factor and Population Change Factor for the
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Minutes Grand Terrace City Council June 23, 2020
City of Grand Terrace Page 2
Appropriations Limit Calculation, was pulled for discussion by Council Member Jeff
Allen.
RESULT: APPROVED [UNANIMOUS]
MOVER: Doug Wilson, Mayor Pro Tem
SECONDER: Jeff Allen, Council Member
AYES: McNaboe, Wilson, Robles, Hussey, Allen
1. Waive Full Reading of Ordinances on Agenda
2. Approval of Minutes – Regular Meeting – 05/26/2020
APPROVE THE REGULAR MEETING MINUTES FOR MAY 26, 2020
3. Approval of Minutes – Regular Meeting – 06/09/2020
APPROVE THE REGULAR MEETING MINUTES FOR JUNE 9, 2020
4. Attachment to Minutes - 06/09/2020
APPROVE THE ATTACHMENTS TO THE REGULAR MEETING MINUTES FOR
JUNE 9, 2020
5. Approval of the September-2019 Check Register in the Amount of $208,279.16
APPROVE CHECK REGISTER NO. 09302019 IN THE AMOUNT OF $208,279.16 AS
SUBMITTED, FOR THE PERIOD ENDING SEPTEMBER 30, 2019.
6. Treasurer's Report as of December 31, 2019
RECEIVE AND FILE THE TREASURER'S REPORT FOR THE PERIOD ENDING
DECEMBER 31, 2019.
7. Treasurer's Report as of March 31, 2020
RECEIVE AND FILE THE TREASURER'S REPORT FOR THE PERIOD ENDING
MARCH 31, 2020.
8. Auditor's Annual Financial Report for the Fiscal Year Ended June 30, 2019
RECEIVE AND FILE THE AUDITOR’S ANNUAL FINANCIAL REPORT AND
RELATED DOCUMENTS FOR THE FISCAL YEAR ENDED JUNE 30, 2019.
Agenda Item No. C. 1 was pulled for discussion by Council Member Jeff Allen
9. Approval of Annual Appropriations Limit for Fiscal Year 2020-21, Including Adoption of
the Price Factor and Population Change Factor for the Appropriations Limit Calculation
(1) APPROVE THE SELECTION OF THE CHANGE IN PER CAPITA PERSONAL
INCOME OF 3.73% AS THE PRICE FACTOR FOR THE FISCAL YEAR 2020-21
APPROPRIATIONS LIMIT CALCULATION; AND
(2) APPROVE THE SELECTION OF THE CHANGE IN COUNTY OF SAN
BERNARDINO POPULATION OF 0.52% AS THE POPULATION CHANGE
FACTOR FOR THE FISCAL YEAR 2020-2021 APPROPRIATIONS LIMIT
CALCULATION; AND
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Minutes Grand Terrace City Council June 23, 2020
City of Grand Terrace Page 3
(3) ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, ESTABLISHING THE APPROPRIATIONS LIMIT FOR
FISCAL YEAR 2020-21, INCLUDING ADOPTION OF THE PRICE FACTOR AND
POPULATION CHANGE FACTOR FOR THE APPROPRIATIONS LIMIT
CALCULATION.
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeff Allen, Council Member
SECONDER: Bill Hussey, Council Member
AYES: McNaboe, Wilson, Robles, Hussey, Allen
D. PUBLIC COMMENT
Isaac Steinline, Grand Terrace, shared with the City Council the verbal abuse he has
experienced in the community on social media. He asked Council if it has received
recommendations from the State Attorney General’s office has distributed. He also
asked Lieutenant Bryan Lane what the black sash covering an officer’s badge stands for
and why he did not attend the protest that was held in the City.
Lieutenant Lane explained that the sash over the badge represents a loss in the law
enforcement family; it is called a mourning band. Lieutenant Lane stated that he did
attend the protest held in the City for several hours and his primary function was to
ensure public safety for all and not necessarily interject himself into the events taking
place but being supportive of the event.
Bobbie Forbes, Grand Terrace is concerned about the upcoming sale and use of
fireworks. She is planning on taking video and encouraging residents to take video of
those using illegal fireworks to assist the sheriff’s department. She requested that
Council re-examine the use of fireworks in the City and place it on the ballot so the
residents may consider whether or not the community still wants them. Ms. Forbes
asked that the City clean the gutters and conduct weed abatement on City owned
properties. Ms. Forbes encourages everyone to be respectful to others and use their
mask when out in public.
E. CITY COUNCIL COMMUNICATIONS
Council Member Jeff Allen
Council Member Jeff Allen commented on the receipt of a letter from the City’s League
representative asking the City to study up on Micro Enterprise Home Kitchen
Operations and determine if the City wants or needs to send a letter to the Board of
Supervisors stating the City’s position.
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Minutes Grand Terrace City Council June 23, 2020
City of Grand Terrace Page 4
Mayor Darcy McNaboe explained that the City has a process where the City Manager
can send out a letter and find out if Council has any objection to its support.
Council Member Bill Hussey
Council Member Bill Hussey recently participated in a 10-mile Memorial Run which he
ran through the City of Highgrove. During his walks and hiking in that area he
confronted some illegal dumpers during broad daylight. What is of special concern is
hazardous waste material being dumped that affects the water table. He wanted to
extend his thanks to whomever went out the next day to clean up the debris that was
dumped.
Council Member Hussey knows the City has some hotspots in the City for illegal
dumping, however asked that residents do not confront these individuals; just take down
the license plate number or take a picture and contact the Sheriff’s department.
Council Member Sylvia Robles
Council Member Sylvia Robles wanted to thank the public attending the meeting and
sharing their concerns with the City Council.
Mayor Pro Tem Doug Wilson
Mayor Pro Tem Doug Wilson encouraged all citizens who see illegal activity before or
after July 4th, to try and take photos and obtain as much information as possible to
provide to the Sheriff’s department. He asked resident to have the fortitude to stand
behind the City’s police force and swear out whatever complaint is necessary.
Mayor Darcy McNaboe
Mayor Darcy McNaboe attended the San Bernardino County Transportation Authority’s
General Policy Committee held June 10, 2020 and discussed the following:
· End of year presentations
· Recommend the authorization of an advance payment to the San Bernardino
County Employee’s Retirement Association by July 15, 2020, for San Bernardino
County Transportation Authority’s estimated annual retirement contribution for
Fiscal Year 2020/2021.
· Approve Amendment to Contract with the Local Agency Formation Commission
for the Lease of Unit estimated reduction of Common Area Maintenance
expenditures.
· Express Lanes Privacy Policy for collections of tolls and processing payments of
violations on the San Bernardino County Transportation authority Express Lanes.
· Inland Empire Telework Initiative that the General Policy Committee recommend
the Board, acting as the San Bernardino County Transportation Authority.
· Change to Railroad Property Master License Agreement Fee Implementation that
the General Policy Committee recommend the Board, acting as the San
Bernardino County Transportation Authority.
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Minutes Grand Terrace City Council June 23, 2020
City of Grand Terrace Page 5
· Recommended adoption of the 2020 Population Estimates for use in the
allocation of Measure I Local Street Projects Program and Transportation
Development Act.
Mayor McNaboe attended the San Bernardino County Transportation Authority’s Metro
Valley Study Session on June 11, 2020 and discussed the following:
· Authorization of the Release of Request for Plans, Specifications and Estimates
and Right-of-Way for the Metrolink Accessibility Project Phase - II.
· Approval of FasTrak License Agreement between the Foothill/Eastern
Transportation Corridor Agency, the San Joaquin Hills Transportation Corridor
Agency, and San Bernardino County Transportation Authority which includes a
license fee of $1.00 for the use of the FasTrak Marks for SBCTA’s toll facilities.
· Approved Project List for the Measure I Valley Major Street Program/Arterial
Sub-program allocations for Fiscal Year 2020/2021.
Mayor McNaboe attended the San Bernardino County Transportation Authority and
Council of Governments meeting on June 17, 2020 and discussed the following:
· Roles of the Legislative Policy Committee
· Letter of Support for CEQA exemptions - SB 288
· Receive information and provide direction to staff on the potential listing of the
western Joshua Tree as a threatened species under the California Endangered
Species Act.
Agenda Item No. H.10 was moved out from under New Business to be heard at this
time.
10. Public Workshop to Introduce Requirements for Vehicle Miles Traveled Thresholds and
Local Guidelines for Implementing the California Environmental Quality Act
Steve Weiss, Planning & Development Services Director introduced Jason Peck of Fehr
& Peers gave the PowerPoint presentation for this item.
CONDUCT A PUBLIC WORKSHOP TO INTRODUCE REQUIREMENTS FOR
VEHICLE MILES TRAVELED THRESHOLDS AND LOCAL GUIDELINES FOR
IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
RESULT: APPROVED [UNANIMOUS]
MOVER: Sylvia Robles, Council Member
SECONDER: Jeff Allen, Council Member
AYES: McNaboe, Wilson, Robles, Hussey, Allen
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Minutes Grand Terrace City Council June 23, 2020
City of Grand Terrace Page 6
F. PUBLIC HEARINGS
11. Zoning Code Amendment 20-01 and Specific Plan 20-01 to Amend Title 18 of the
Grand Terrace Municipal Code and Barton Road Specific Plan to Regulate Uses
Proposing Hours of Operation Any Time Between 11:00 P.M. and 6:00 A.M., and a
Related Environmental Determination Pursuant to CEQA Regulation Section
15061(B)(3)
Haide Aguirre, Assistant Planner gave the PowerPoint presentation for this item.
Mayor McNaboe opened the public hearing at 7:02 p.m.
Mayor McNaboe closed the public hearing at 7:03 p.m.
1) CONDUCT A PUBLIC HEARING, AND
2) DIRECT THE CITY ATTORNEY TO READ THE TITLE OF THE ORDINANCE,
WAIVE FURTHER READING, AND INTRODUCE AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA FINDING THAT
ZONING CODE AMENDMENT 20-01 AND BARTON ROAD SPECIFIC PLAN
AMENDMENT 20-01 ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT PURSUANT TO SECTION 15061(B)(3) AND AMENDING
CHAPTER 18.06 (DEFINITIONS), CHAPTER 18.33 (C2 GENERAL BUSINESS
DISTRICT) SECTION 18.33.020 (PERMITTED USES) AND SECTION 18.33.030
(CONDITIONAL PERMITTED USES) OF TITLE 18 OF THE GRAND TERRACE
MUNICIPAL CODE AND AMENDING BARTON ROAD SPECIFIC PLAN (TABLE I,
LAND USE MATRIX) TO ESTABLISH REQUIREMENTS FOR BUSINESSES
PROPOSING TO OPERATE AT ANY TIME BETWEEN 11:00 PM AND 6:00 AM.
RESULT: APPROVED [UNANIMOUS]
MOVER: Sylvia Robles, Council Member
SECONDER: Bill Hussey, Council Member
AYES: McNaboe, Wilson, Robles, Hussey, Allen
G. UNFINISHED BUSINESS
12. Approval of Priorities Project List for Fiscal Year 2020-2021
G. Harold Duffey, City Manager gave the PowerPoint presentation for this item.
Mayor Pro Tem Wilson requested that the City’s Emergency Operations Plan be
updated.
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Minutes Grand Terrace City Council June 23, 2020
City of Grand Terrace Page 7
Isaac Steinline, Grand Terrace asked if the Highland Apartments could be listed under
the Council Priorities for 2020-2021 and explained the theft and apartment repair
issues.
Steven Meets, Cannabis Owner and Operator in the City of San Bernardino
recommended that if the City moves forward with the cannabis discussion, to keep
everything in-house and not use an outside consultant. Mr. Meets offered his services to
help if the City moves forward with the item.
Mayor McNaboe explained that since the Highland apartments are private property, the
City cannot make it one of its priorities. However, she did ask what kind of shape the
City’s rental inspection program is in and is the City being as diligent as it should be.
How is it that the City works with apartment complexes to ensure that renters are safe?
City Manager Duffey recommended that staff return to Council with an update of our
rental housing program. We can show you what our program consists of, we can show
you what other programs look like. Our program is an exterior program.
Council Member Robles would like to ask staff to engage the Apartment Association.
She also stated this would be a good time to talk to the Western Manufactured Housing
Communities Association regarding the update as it has indicated it would like to
actively partner with mobile homes located in the City.
APPROVE PRIORITY PROJECT LIST FOR FISCAL YEAR 2020-2021 PER MAY 28,
2020 CITY COUNCIL WORKSHOP
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Hussey, Council Member
SECONDER: Doug Wilson, Mayor Pro Tem
AYES: McNaboe, Wilson, Robles, Hussey, Allen
H. NEW BUSINESS
13. Re-Appoint Planning Commissioners or Schedule Interviews with All Applicants
Debra Thomas, City Clerk gave the PowerPoint presentation for this item.
David Alaniz, Grand Terrace described the process of his appointment and stated he
has a wealth of knowledge that he would like to share with the City of Grand Terrace
and would hope that the City Council selection Option 1 to re-appoint the incumbents
who reapplied to the Planning Commission.
Isaac Steinline, Grand Terrace would like the City Council to choose Option 2. He
believed it would be a good opportunity for a lot of individuals in the City to be a part of
the board. He has watched the Planning Commission meetings for a very long time, and
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Minutes Grand Terrace City Council June 23, 2020
City of Grand Terrace Page 8
he is concerned that the Commission is constantly being interrupted by the Assistant
City Attorney which prolongs the meetings.
Mayor Pro Tem Wilson moved, with a second from Council Member Hussey, to have
Staff schedule interviews with all candidates at the Regular Meeting of the City Council
on July 14, 2020.
RESULT: APPROVED [UNANIMOUS]
MOVER: Sylvia Robles, Council Member
SECONDER: Bill Hussey, Council Member
AYES: McNaboe, Wilson, Robles, Hussey, Allen
14. Adoption of the Fiscal Year 2020-2021 Budget
Cynthia Fortune, Assistant City Manager gave the PowerPoint presentation for this item.
ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, ADOPTING THE ANNUAL BUDGET FOR FISCAL YEAR
2020-2021.
RESULT: APPROVED [4 TO 1]
MOVER: Bill Hussey, Council Member
SECONDER: Sylvia Robles, Council Member
AYES: Darcy McNaboe, Doug Wilson, Sylvia Robles, Bill Hussey
NAYS: Jeff Allen
15. Consideration of Resolutions Initiating Proceedings to Levy Annual Assessments for
Fiscal Year 2020-2021 for the City of Grand Terrace Landscape & Lighting Assessment
District 89-1; Preliminarily Approving the Related Engineer’s Report; and Declaring Its
Intention to Conduct a Public Hearing on July 14, 2020 and to Levy and Collect Annual
Assessments Related Thereto
Todd Nakasaki, Management Analyst gave the PowerPoint presentation for this item.
1. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, PURSUANT TO THE LANDSCAPING AND LIGHTING
ACT OF 1972, INITIATING PROCEEDINGS TO LEVY ANNUAL ASSESSMENTS
FOR THE 2020-2021 FISCAL YEAR FOR THE CITY OF GRAND TERRACE
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1 AND
ORDERING THE ENGINEER TO PREPARE AND FILE A REPORT IN
ACCORDANCE WITH ARTICLE IV OF CHAPTER 1 OF SAID ACT; AND
2. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, GIVING PRELIMINARY APPROVAL OF THE
ENGINEERS REPORT FOR THE CITY OF GRAND TERRACE LANDSCAPING
AND LIGHTING ASSESSMENT DISTRICT NO. 89-1, AND THE LEVY AND
COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL
YEAR 2020-2021; AND
3. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC
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Minutes Grand Terrace City Council June 23, 2020
City of Grand Terrace Page 9
HEARING ON JULY 14, 2020, ON LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT NO. 89-1, AND TO LEVY AND COLLECT ANNUAL
ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2020-2021
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeff Allen, Council Member
SECONDER: Bill Hussey, Council Member
AYES: McNaboe, Wilson, Robles, Hussey, Allen
16. Request County of San Bernardino Board of Supervisors Allocate at Least 10% of Its
$380,000,000 in CARES Act Coronavirus Relief Funding to the 24 Local Municipal
Governments Within the County on a Per Capita Basis
G. Harold Duffey, City Manager gave the PowerPoint presentation for this item.
ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, REQUESTING THE SAN BERNARDINO COUNTY BOARD
OF SUPERVISORS ALLOCATE AT LEAST 10% OF THE $380,000,000 IT RECEIVED
IN CARES ACT CORONAVIRUS RELIEF FUNDING TO THE 24 MUNICIPAL
GOVERNMENTS WITHIN SAN BERNARDINO COUNTY
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeff Allen, Council Member
SECONDER: Bill Hussey, Council Member
AYES: McNaboe, Wilson, Robles, Hussey, Allen
I. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL
1. Motion: Regional Joint Powers Policing Authority
Requested by: Mayor Darcy McNaboe
RESULT: ADOPTED [UNANIMOUS]
MOVER: Darcy McNaboe, Mayor
SECONDER: Doug Wilson, Mayor Pro Tem
AYES: McNaboe, Wilson, Robles, Hussey, Allen
2. Motion: Increase Fines for Illegal Fireworks
Requested by: Council Member Bill Hussey
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bill Hussey, Council Member
SECONDER: Doug Wilson, Mayor Pro Tem
AYES: McNaboe, Wilson, Robles, Hussey, Allen
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Minutes Grand Terrace City Council June 23, 2020
City of Grand Terrace Page 10
J. CITY MANAGER COMMUNICATIONS
G. Harold Duffey, City Manager gave the City Council an update on the steady increase
of COVID-19 in the City of Grand Terrace and upcoming events:
· On Thursday, June 25, 2020 anyone 55 years and older may be tested at the
Grand Terrace Senior Center located at 22627 Grand Terrace Rd., Grand
Terrace, CA, free of charge, between the hours of 10 a.m. - 2 p.m.
· Youth Sports - Practice and Play During COVID-19
· For more information on the Coronavirus and How to Protect Yourself, please go
to tinyurl.com/COVID19-92313.
City Manager Duffey informed the Council that the City Clerk will reach out to Council
and provide dates in which to choose from to hold a workshop for Code of Ethics and
Council Policies.
City Manager Duffey explained that the San Bernardino County Fire and Sheriff’s
Department have been steadily making plans to address some of the illegal fireworks
activities that have occurred. A press release has been issued which has been posted
on the City’s social media outlets to report any use or sale of illegal fireworks in San
Bernardino County. Both agencies will have increased patrol units as well.
K. CLOSED SESSION - NONE
L. ADJOURN
Mayor Darcy McNaboe adjourned the Regular Meeting of the City Council at 8:50 p.m.
The next regularly scheduled meeting of the City Council will be held on July 14, 2020
at 6:00 p.m.
_________________________________
Darcy McNaboe, Mayor
_________________________________
Debra L. Thomas, City Clerk
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CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES ● JUNE 23, 2020
Council Chamber Special Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace
ATTACHMENTS TO
June 23, 2020
City Council Minutes
PowerPoint Presentations
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Planning Commission
Senate Bill 743
CEQA Analysis of Transportation Impacts
City Council Workshop
June 23, 2020
Evolution of CEQA Guidelines Updates
Legislation
requiring
updates to
the CEQA Guidelines AB 32
SB 97
SB 375
AB
1358SB 226
AB
2245
AB 417
SB 743
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SB 743 OVERVIEW
CEQA GUIDELINES ADOPTION WITH SB 743 IMPLEMENTATION
September 2013 –
Governor Signed
SB 743
September 2013 –
Governor Signed
SB 743
December 2018 –
OPR Finalized
State CEQA
Guidelines
December 2018 –
OPR Finalized
State CEQA
Guidelines
December 2018 –
Natural Resources
Agency Updated
CEQA Guidelines
December 2018 –
Natural Resources
Agency Updated
CEQA Guidelines
Agencies have
until July 2020 to
implement VMT
thresholds
Agencies have
until July 2020 to
implement VMT
thresholds
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SB 743 OVERVIEW
What is it trying to change?
Changes the discussion in CEQA on the analysis of transportation
impacts on the environment.
Eliminates using auto delay, level of service (LOS), and other similar measures of
vehicular capacity or traffic congestion as a basis for determining significant
impacts on the environment
Currently use LOS as a threshold in CEQA to determine the widening of
roadways and intersections
SB 743 OVERVIEWWhat is it trying to change?
Changes the discussion in CEQA on the analysis of
transportation impacts on the environment
•Requires Vehicle Miles Traveled
(VMT) per capita to be the new
analysis metric for determining
impacts on the environment
from transportation
•Changes where significant
impacts occur and mitigation
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SB 743 OVERVIEW
What is it trying to change?
What is VMT?
https://www.youtube.com/watch?v=UE4TJItVdJ8&t=20s
Key Questions That Need to be Answered?
•What type of VMT are we looking at? Total VMT, or
VMT/person?
•How do we calculate VMT (methodology)?
•What Impact Significance Threshold is appropriate?
•What are our Mitigation Options?
•Other Question:
Is Level of Service still important?
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HOW DOES THE CITY COMPLY WITH SB 743?
Adopt new thresholds and guidance for development
projects
Analyze VMT for all projects
Step 1) Calculate VMT generated by project
Step 2) Compare project VMT to adopted threshold
Step 3) Document impact
Step 4) Mitigate impact
HOW DOES THE CITY COMPLY WITH SB 743?
Per the San Bernardino County travel model, Grand
Terrace currently has a lower average VMT for
residents and employees than the entire County
Residents and employees do not drive as far for
commuting, shopping, and other services on average
as the County
Grand Terrace must balance their local goals of
growth and congestion management with the need
to reduce VMT
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Traffic Study Procedure
•Projects will now study VMT
•Screening criteria to determine if VMT analysis is needed
•Transit Priority Areas (1/2 mile from high‐quality transit – none
currently in Grand Terrace)
•Low VMT Zones (efficient travel areas)
•Small projects
•Local‐serving projects
•Implementation Study included development of screening
tool to streamline the screening process
Traffic Study Procedure
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Traffic Study Procedure
•Projects that require VMT analysis will use the
threshold of significance recommended by City Staff:
•County of San Bernardino Better than Existing VMT
•“Existing” is based on the year the EIR Notice of Preparation is
released, will be different project by project
•Threshold to be adopted by City Council by
future resolution
Improving Communities
QUESTION/COMMENTS
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Project Screening
OPR defines a TPA as an area with:
•Land uses within ½ mile of a major transit stop
or
•An existing stop along a high‐quality transit
corridor*
*Major transit stop is defined as a site containing:
•Existing rail transit station
•Ferry terminal served by bus or rail transit service
•Intersection of two or more bus routes with headways of 15 minutes or less during the morning
and afternoon peak commute hours
High‐quality transit corridor is defined as a corridor with fixed‐route bus service with headways of 15
minutes or less during peak commute hours
Calculating VMT
Methodologies
•Project‐generated VMT
•Productions/Attractions
•Origin/Destination
•Project effect on VMT
•Boundary Method
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VMT Threshold Options
Including LOS
Although VMT must be used to evaluate CEQA impacts, the
City can still choose to study LOS as part of a traffic study.
•Most jurisdictions are choosing to retain LOS in their
guidelines.
•“Impacts” and “mitigations” are CEQA terms: LOS
“deficiencies” and “improvements” can no longer be part
of the CEQA process.
•Any identified improvements to address LOS deficiencies
can be conditioned on new development by the City.
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What’s Feasible?
Project
Specific
o Physical Design
o TDM
Programs
oImpact Fees
oVMT Exchanges
oVMT Banks
VMT Mitigation Strategies
Near‐Term Longer‐Term
VMT Exchange Program
DEVELOPER
LEAD AGENCY/
DEVELOPER
EXCHANGE OPERATOR
(SCAG OR OTHER)
Creates list of VMT
Reduction Projects
Implements VMT
Reduction Projects
as Mitigation
MeasureVerifies ‘Additionality’
and Monitors VMT
Performance
Developer selects
VMT reduction from
an approved list and
then funds a specific
project or program
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VMT Bank Program
BANK OPERATOR
(SCAG OR OTHER)
IMPLEMENTATION
AGENCY/ENTITY
Bank Operator…
Develops Bank payment/credit process
Develops VMT reduction projects
Verifies VMT reduction amount
Tests for Additionality
Monitors VMT performance and adjusts overtime
DEVELOPE
R
Developer purchases
VMT reduction credits
from Bank Operator
and implementation
is left to others
Transportation Demand Management:
VMT Mitigation Strategies
To reduce VMT, new development
will need to explore ways for fewer
people to travel alone in their cars.
Transportation Demand
Management (TDM) strategies can
be used to reduce VMT.
Building Operations
Site Design
Location Efficiency
Regional Policies
Regional Infrastructure
Transportation Related VMT
Reduction Measures
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•Encourage Telecommuting and Alternative Work Schedules•Increase Diversity of Land Uses•Provide Pedestrian Network Improvements•Provide Traffic Calming Measures and•Low‐Stress Bicycle Network Improvements•Implement Car‐Sharing and Ride‐Sharing Programs•Increase Transit Accessibility•Commute Trip Reduction Programs•Parking Management
Transportation Demand Management:
VMT Mitigation Strategies
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Zoning Code Amendment 20-01
Barton Road Specific Plan Amendment 20-01
CITY COUNCIL MEETING
JUNE 23, 2020
2030 VISION
STATEMENT
Goal #3 to promote economic
development by preparing for
future growth by updating the
zoning and municipal codes.
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BACKGROUND
On October 22, 2019, the Council directedStaff to establish review requirements forbusinesses proposing to operate during thelate evening hours.
On May 21, 2020, the Planning Commissionconducted a public hearing and votedunanimously 5-0 without changesrecommending to the City Counciladoption the Zoning Code and BartonRoad Specific Plan Amendments,establishing a review process for newbusinesses and existing businessesproposing to expand hours of operationanytime between the hours of 11:00 p.m.and 6:00 a.m.
PROPOSING
Amend the Zoning Code and the Barton Road Specific Plan to establish requirements for new and existing business proposing to operate anytime between 11:00 p.m. and 6:00 a.m.
Amend Title 18 (Zoning) Chapter 18.33 (C2 General Business District)Section 18.33.020 (Permitted Uses) and Section 18.33.030 (ConditionallyPermitted Uses)
Amend the Barton Road Specific Plan (BRSP) Table I, Land Use Matrix
Existing businesses originally approved to operate any time betweenthe hours of 11 p.m. and 6:00 a.m. prior to the effective approval dateof this Ordinance are exempt from this review process.
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Definition “After-Hours Operation” means any uses
that have hours of operation at any time
between 11:00 p.m. and 6:00 a.m.
Administrative Conditional Use Permit
Chapter 18.84 – Administrative Conditional Use Permitsubject to review and approval by the Planning andDevelopment Services Director
Ensures the community’s health, safety, and welfare areprotected
Requires applications are routed to agencies for review and
Requires notification to adjacent property owners
Incorporates safeguards ensuring noise, trash, loitering,overnight security, lighting and building maintenance are addressed.
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Conditional Use Permit and
Determination of Use
A proposed business in excess of 2,000 square feet shall
require compliance with CUP process pursuant of
Chapter 18.83 subject to review and approval by the
Planning Commission.
Uses not identified by the Zoning Code or the Barton
Road Specific Plan, shall be subject to a determination
of use by the Planning Director.
Recommendation
INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OFGRAND TERRACE, CALIFORNIA FINDING THAT ZONING CODEAMENDMENT 20-01 AND BARTON ROAD SPECIFIC PLAN AMENDMENT 20-01 ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACTPURSUANT TO SECTION 15061(B)(3) AND AMENDING CHAPTER 18.06(DEFINITIONS), CHAPTER 18.33 (C2 GENERAL BUSINESS DISTRICT) SECTION18.33.020 (PERMITTED USES) AND SECTION 18.33.030 (CONDITIONALPERMITTED USES) OF TITLE 18 OF THE GRAND TERRACE MUNICIPAL CODEAND AMENDING BARTON ROAD SPECIFIC PLAN (TABLE I, LAND USEMATRIX) TO ESTABLISH REQUIREMENTS FOR BUSINESSES PROPOSING TOOPERATE AT ANY TIME BETWEEN 11:00 PM AND 6:00 AM.
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City Council Priorities
Workshop 2020
5/28/2020
City Manager’s
Priorities Project List
2019‐20
As Approved by Grand Terrace City Council
Economic Development
Human Resources
Committees and Commissions
Finance & Senior Center
Public Safety
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Economic Development
“A” Top Priority “B” High Priority “C” Priority
Development of 4.78 Acres on
Barton Rd.
Stater Bros. Expansion Development on City Center Dr.
Gateway Specific Plan Storm Drainage Michigan Cage Park
Taco Bell Rails to Trails Grant to Access
Santa Ana River
Surgical Center Walgreens Center Expansion
Mr. TV Video
Kaz Ramen Coffee
Hollywood Video Conversion
Edwin Fuels
Fire Station Agreement
TOT Tax Implementation
Adult Daycare to Advance
Accessibility (Former Childcare
Site)
Pit Stop Development
La Crosse Development
RDA Lot 0.80 Acre Development
Cannabis Related Activities and
Licensing in the City
City Council Modifications
“A” Top Priority “B” High Priority “C” Priority
Youth Appointment to
Parks Commission
Return to City Council
with Options to Delegate
Special Event Support
Establish Youth Council
or Youth Council Week
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Finance & Senior Center
“A” Top Priority “B” High Priority “C” Priority
Review of Business
License Fee
Finance Department
Staff Re‐Organization
Housing Agency
Programs
Expand Outreach for
Senior Transportation
Services. (Utility &
Water Bill Inserts)
Finance & Senior Center
“A” Top Priority “B” High Priority “C” Priority
Review of Business License Fee Finance Department Staff
Re‐Organization
Housing Agency Programs
City Council Modifications
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City Clerk
Priorities Project List
2019‐20
As Approved by Grand Terrace City Council
City Clerk
“A” Top Priority “B” High Priority “C” Priority
FPPC Compliance Scanning
Increase Content of
Intranet ‐ Ongoing
Records Destruction –
Milestones and Research
Grants
Research Use of Facebook
Live and Twitter
City Clerk’s Department
Operations
Manage City Neighborhood
Recognition Programs
Lighting in City Council
Chamber
Manage Annual
Acknowledgment Program
City Council Chamber
Reception Area Upgrade
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Public Works
Priorities Project List
2019‐20
As Approved by Grand Terrace City Council
“A” Top Priority “B” High Priority “C” Priority
Fitness Park Canopy Park Enhancements
Commerce Way Expansion Small Cell Site Infrastructure
Plan
Utility Pole Undergrounding
Master Plan
Mt. Vernon Slope
Stabilization (New Grant
Application)
Year 3 CIP
Fee Study
Development Plans
Fire Station Roof Repair
Highway Safety
Improvement Program Cycle
9 Guardrail
Parking City Wide Strategy
West Barton Bridge
Replacement Road
Support for Community
Events
Storm Drain Master Plan
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PW Maintenance
“A” Top Priority “B” High Priority “C” Priority
Traffic Signal/Street Light Storm Drain/Channel
Street, Sidewalk, Curb,
Parkway and Pot Hole
Repair
City Facilities
Parks City Neighborhood Lighting
Plan
Street Sign Replacement
Program
Planning and
Development Services
Priorities Project List
2019‐20
As Approved by Grand Terrace City Council
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Planning and Development
“A” Top Priority “B” High Priority “C” Priority
4.78 Acres – PSA, Entitlements Zoning Around Schools Sign Code
Amend Master Plan Grand Terrace Road – Aegis
Edwin Fuels
Gateway SP
Anita – Grocery Outlet Sign
Taco Bell
Mr. TV Video Parking Program
Grand T‐1 LLC Project
Blue Mountain Trail Grant
Farming Project – 40 Acre
Greenbelt
Surgical Center
Housing Authority Report
Barton Road Streetscape
Michigan Street – Complete
Street
Safety Element Update
Housing Element Update
Public Safety
“A” Top Priority “B” High Priority “C” Priority
Protocols for Special
Events & Seasonal Law
Enforcement Needs
C.O.P. Recruitment
Public Education &
Citizens Arrests
Neighborhood Watch
Program Expansion
Stop the Bleed
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“A” Top Priority “B” High Priority “C” Priority
Protocols for Special
Events & Seasonal Law
Enforcement Needs
C.O.P. Recruitment
Public Education &
Citizens Arrests
Neighborhood Watch
Program Expansion
Stop the Bleed
“A” Top Priority “B” High Priority “C” Priority
Code of Conduct –
Legislative Body
Handbook
City Attorney
2020‐21
Council
Priorities
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Planning Commissioner Re-
Appointment or Schedule
Interviews with All Applicants
JUNE 23, 2020
2030 Vision Statement
This action supports Our Mission: To
preserve and protect our community
and its exceptional quality of life
through thoughtful planning, within
the constraints of fiscally responsible
government.
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BACKGROUND
The Planning Commission is a five-memberBoard appointed by the City Council who servefour-year terms at the Pleasure of the CityCouncil
Two (2) Commission terms are set to expire on June30, 2020
Commission members are eligible to seek re-appointment
The two incumbents whose terms are set to expirehave submitted their applications for re-appointment
DISCUSSION
The City Clerk’s office advertised the two (2)
expiring terms in the local adjudicated
newspaper, on the City’s website and posted a
hard copy notice in the City’s reader boards.
The application period opened on May 15,
2020 and concluded on June 15, 2020 at 5:00
p.m.
The City received a total of six (6) applications,
two of which are the Planning Commission
incumbents.
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DISCUSSION
Historically, when a Planning Commissionincumbent has applied for re-appointment, theCity Council has moved to re-appoint those
incumbents and if there are vacanciesremaining, interview the remaining applicants tofill the vacancies.
On September 13, 2016 and again on July 10,2018, incumbent re-appointments were
conducted in this fashion.
FISCAL IMPACT
There would be no fiscal impact
created by this action as
Planning Commissioners are
paid a stipend of $50.00 a
month which would continue
with the new appointments.
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RECOMMENDATION
Re-Appoint existing Planning
Commissioners Ceseña and Alaniz
to their current appointed positions
OR
Staff will schedule interviews with all
candidates at the Regular Meeting
of the City Council on July 14, 2020
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2018-19 2018-19 2019-20 2019-20 2020-21
Adjusted
Budget
Actuals Adjusted
Budget
Year-End
Projections
Proposed
Budget
Property Tax $4,064,640 $3,955,275 $4,084,098 $1,938,516 $2,321,272
Residual Receipts - RPTTF $1,090,000 $1,441,813 $1,442,400 $1,443,006 $1,668,400
Proceeds from Sale of Prop. $80,000 $0 $0 $3,720 $0
Franchise Fees $524,300 $520,774 $534,790 $437,529 $445,000
Licenses, Fees & Permits $617,836 $1,007,893 $620,160 $694,368 $495,090
Sales Tax $963,000 $1,048,452 $978,400 $862,143 $925,000
Intergov’t Revenue/Grants $695,570 $471,993 $648,086 $468,379 $653,594
Charges for Services $140,100 $144,624 $207,900 $83,717 $103,300
Fines & Forfeitures $69,000 $79,051 $79,000 $55,213 $39,350
Miscellaneous $209,254 $223,731 $115,388 $76,706 $55,240
Use of Money & Property $441,050 $1,271,709 $75,050 $194,937 $83,550
Waste Water Receipts $300,000 $318,349 $318,349 $318,349 $318,349
Transfers In $3,102,243 $2,480,832 $2,825,450 $311,174 $450,238
Residual Receipts - Sr Ctr $60,000 $0 $0 $0 $0
Gas Tax $519,800 $491,925 $519,800 $495,100 $560,000
Total Revenues $12,876,793 $13,456,421 $12,448,871 $7,382,855 $8,118,383
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2018-19 2018-19 2019-20 2019-20 2020-21
Adjusted
Budget
Actuals Adjusted
Budget
Year-End
Projections
Proposed
Budget
Salaries $1,479,910 $1,464,582 $1,615,711 $1,489,223 $1,310,628
Benefits $813,476 $789,551 $974,800 $915,633 $1,177,917
Materials & Supplies $212,852 $212,646 $235,917 $253,365 $195,957
Professional/Cont. Services $8,224,855 $5,973,077 $7,314,755 $4,984,357 $4,385,786
Equipment $60,100 $55,075 $145,000 $132,980 $5,001
Lease of Facility/Equipment $8,549 $8,549 $8,000 $19,324 $19,324
Utilities $208,821 $210,555 $226,350 $247,939 $224,668
Overhead Cost Allocation $0 ($5,500)$0 ($2,548)$0
Capital Projects $893,478 $177,076 $860,188 $45,964 $40,000
Debt Service $239,600 $242,404 $239,600 $0 $233,438
Transfers Out $3,101,837 $3,371,483 $2,825,450 $20,961,369 $450,238
Total Expenditures $15,243,478 $12,499,498 $14,445,771 $29,047,606 $8,042,957
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Adjusted
Budget
Actuals Adjusted
Budget
Year-End
Projections
Proposed
Budget
Property Tax $1,980,000 $1,881,364 $1,971,250 $1,891,261 $1,971,250
Residual Receipts - RPTTF $1,090,000 $1,441,813 $1,442,400 $1,443,006 $1,668,400
Proceeds from Sale of Property $80,000 $0 $0 $3,720 $0
Franchise Fees $524,300 $520,774 $534,790 $437,529 $445,000
Licenses, Fees & Permits $434,186 $422,427 $456,510 $329,086 $329,090
Sales Tax $770,000 $831,321 $785,400 $675,034 $725,000
Intergov’t Revenue/Grants $26,500 $46,209 $26,500 $63,708 $160,000
Charges for Services $140,100 $141,143 $207,900 $80,299 $100,300
Fines & Forfeitures $62,500 $71,593 $72,500 $52,087 $35,100
Miscellaneous $114,714 $78,919 $15,148 $506 $0
Use of Money & Property $27,000 $93,771 $62,000 $63,016 $67,500
Wastewater Receipts $300,000 $318,349 $318,349 $318,349 $318,349
Transfers In $2,352 $2,379 $84,450 $84,450 $0
Residual Receipts - Sr Ctr $60,000 $0 $0 $0 $0
Gas Tax $0 $0 $0 $0 $0
Total Revenues $5,611,652 $5,850,062 $5,977,197 $5,442,052 $5,819,989
Property Tax ,
$1,971,250, 33.9%
Residual Receipts-
RPTTF , $1,668,400,
28.7%
Sales Tax , $725,000,
12.5%
Franchise Fees ,
$445,000, 7.6%
Licenses, Fees &
Permits , $329,090,
5.7%
Waste Water Receipts
, $318,349, 5.5%
Intergovt
Revenue/Grants ,
$160,000, 2.7%
Charges for Services ,
$100,300, 1.7%
Use of Money &
Property , $67,500, 1.2%Fines & Forfeitures ,
$35,100, 0.6%
City of Grand Terrace
2020-21 General Fund
Proposed Revenues
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Adjusted
Budget
Actuals Adjusted
Budget
Year-End
Projections
Proposed Budget
Salaries $1,221,447 $1,210,981 $1,246,881 $1,220,510 $1,083,626
Benefits $769,091 $739,524 $842,690 $809,209 $1,066,206
Materials & Supplies $208,645 $208,439 $225,917 $242,958 $190,957
Professional/Cont. Services $3,354,687 $3,316,160 $3,471,796 $3,322,888 $3,352,541
Equipment $0 $0 $0 ($0)$1
Lease of Facility/Equipment $8,549 $8,549 $8,000 $19,324 $19,324
Utilities $137,957 $141,041 $145,000 $143,858 $143,858
Overhead Cost Allocation ($87,450) ($87,450) ($84,950) ($84,950)($81,950)
Capital Projects $0 $0 $0 $0 $0
Debt Service $0 $0 $0 $0 $0
Transfers Out $126,326 $155,346 $125,800 $125,800 $135,800
Total Expenditures $5,739,252 $5,692,590 $5,981,134 $5,799,596 $5,910,363
$1,083,626
$1,066,206
$190,957
$3,352,541
$19,324
$143,858
($81,950)
$135,800
Salaries
Benefits
Materials & Supplies
Prof/Cont Services
Lease of Equip
Utilities
Overhead Cost Alloc
Transfers Out
($500,000) $500,000 $1,500,000 $2,500,000 $3,500,000
City of Grand Terrace
2020-21 General Fund Proposed Expenditures
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$1,066,206
$190,957
$3,352,541
$19,324
$143,858
($81,950)
$135,800
Salaries
Benefits
Materials & Supplies
Prof/Cont Services
Lease of Equip
Utilities
Overhead Cost Alloc
Transfers Out
($500,000) $500,000 $1,500,000 $2,500,000 $3,500,000
City of Grand Terrace
2020-21 General Fund Proposed Expenditures Professional Services
1 Law Enforcement $2,160,000
2 Legal Counsel $209,000
3 Computer Software Licensing $100,000
4 Street Rpr.& Mtce (MoE) $200,000
5 Insurance $123,000
6 Information Technology $100,000
7 Park Maintenance $33,500
8 Audit Services $33,000
9 Bank Service Charges $28,000
10 Plan Check Services $25,000
11 HVAC Maintenance Svcs $25,000
12 Animal Sheltering Svcs $20,000
$3,056,500
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1. GENERAL FUND (use of $90, 374): as a result of
COVID-19, the City’s general fund revenues have
seen a significant reduction in the last few months;
staff is recommending the use of fund balance to
augment the City’s General Fund revenues for
FY2020-21.
14
2018-19 2018-19 2019-20 2019-20 2020-21
Type Adjusted Budget Actuals Adjusted Budget Year-End Projections Proposed Budget
10 Revenue $5,611,652 $5,850,062 $5,977,197 $5,442,052 $5,819,989
10 Expense $5,739,252 $5,698,090 $5,981,134 $5,799,596 $5,910,363
($127,600)$151,972 ($3,937)($357,544)($90,374)
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Adopt Resolution 2020-XX adopting the
Annual Budget for FY2020-21.
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City of Grand Terrace
Landscaping and Lighting Assessment District No. 89-1
2030 Vision Statement
Goal #1 – Ensure Our Fiscal Viability
Ensure Appropriate Cost Recovery for Services
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Background
•1989 the City formed Landscaping and Lighting
Assessment District No. 89-01
•5 Annexations
•7 Tracts / Zones
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CITY OF GRAND TERRACE
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1
ZONE 4
CITY OF GRAND TERRACE
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1
ZONE 5
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CITY OF GRAND TERRACE
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1
ZONE 6
CITY OF GRAND TERRACE
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1
ZONE 7
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Next Steps
X 1) Hold A Public Hearing
X 2) Adopt Resolution providing for the annual assessment
levy for the Landscaping and Lighting Assessment District
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Resolution for Covid-19
CORONAVIRUS
RELIEF FUND
The CARES Act Provides Assistance for State,
Local, and Tribal Governments
Through the Coronavirus Relief Fund, the CARES
Act provides for payments to State, Local, and
Tribal governments navigating the impact of the
COVID‐19 outbreak.
The CARES Act established the $150 billion
Coronavirus Relief Fund.
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Coronavirus Relief Fund Frequently
Asked Questions Updated as of May 28, 2020
The Guidance says that funding can be used to meet payroll expenses for public safety,
public health, health care, human services, and similar employees whose services are
substantially dedicated to mitigating or responding to the COVID‐19 public health
emergency. How does a government determine whether payroll expenses for a given
employee satisfy the “substantially dedicated” condition?
The Fund is designed to provide ready funding to address unforeseen financial needs
and risks created by the COVID‐19 public health emergency. For this reason, and as a
matter of administrative convenience in light of the emergency nature of this program,
a State, territorial, local, or Tribal government may presume that payroll costs for
public health and public safety employees are payments for services substantially
dedicated to mitigating or responding to the COVID‐19 public health emergency, unless
the chief executive (or equivalent) of the relevant government determines that specific
circumstances indicate otherwise
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U.S. DEPARTMENT OF THE TREASURY
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City Manager Update
June 23, 2020
COVID-19
Workshop for Code Of Ethic/
Council Policies
Illegal Fireworks
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ccpubliccomment@grandterrace‐ca.gov
Update
6/23/2020
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10,010
COVID‐19 CASES IN
SAN BERNARDINO
COUNTY
234
DEATHS IN
SAN BERNARDINO
COUNTY
4
DEATHS IN
Grand Terrace
616
GT Residents
Tested
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June 25, 2020
Walk in Testing Clinic At Senior
Center for 55 Years or Older.
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tinyurl.com/COVID19‐92313
Questions
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Workshop for Code Of Ethic/
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Illegal Fireworks
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Report Illegal Fireworks,
The Sheriff will Respond
When you se and
hear Fireworks Call
Be prepared to
Identify Individuals
Leave contact info
so the Sheriff can
Make contact with
you.
909‐387‐8313
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Illegal Fireworks
Both Sheriff and Fire
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increased patrol units
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AGENDA REPORT
MEETING DATE: July 14, 2020
TITLE: Reappointment of Historical & Cultural Advisory Committee
Members
PRESENTED BY: Debra Thomas, City Clerk
RECOMMENDATION: Approve the Reappointment of Historical and Cultural
Advisory Committee Members Ann Petta, Martina
Boentaran, and Lynn Smith
BACKGROUND:
The Grand Terrace City Council had established four (4) Council Appointed Advisory
Committees which included the Historical and Cultural Activities Committee, Crime
Prevention Committee, Emergency Operations Committee, and the Community
Emergency Response Team (CERT) Executive Committee. All of the committees had
an approved number of terms that are staggered to expire on even numbered years.
At the City Council Meeting of May 8, 2012, Council evaluated the reappointment
procedures for the Council appointed committees, and it was their direction that staff
send letters to the committee members whose term will be expiring and ask if they wish
to seek reappointment. For those who wish to be reappointed, staff will recommend
that Council reappoint them to their respective committee for a four year term. For the
terms of committee members who do not wish to seek reappointment, staff will post a
Notice of Vacancy, pursuant to Government Code Section 54974, and accept
applications for the vacated terms. Council would review the applications received
and/or interview the applicant(s) and make the appointment without the
recommendation of the members of the existing committee members.
The Crime Prevention Committee was disbanded at the Regular Meeting of the City
Council on September 11, 2012 and no longer exists.
The Community Emergency Response Team was disbanded on September 10, 2013
but re-established on October 9, 2018. The Volunteer Emergency Operations
Committee was transitioned into the CERT Program and under Section 11. Vacancies
of the CERT Program By-Laws, “Vacancies in Board positions may be filled by an
appointment made by a quorum of the Board,” which is made up of the City Manager (or
designee), CERT Coordinator, Planning/Outreach Coordinator, Secretary/Treasurer,
Training Coordinator and Logistics Coordinator.
Of these originally established Council Appointed Advisory Committees listed above,
the Historical & Cultural Activities Committee is the only one remaining that seeks
reappointment by letter.
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Section 54972 of the Government Code requires that on or before December 31 of each
year the City is required to post an appointment list of all the Commission and Board
terms that will expire in the following calendar year, which the City has complied.
DISCUSSION:
On June 8, 2020, staff sent letters to the Historical & Cultural Advisory Committee
members whose terms will be expiring effective June 30, 2020.
The following is a list of those committee members who have indicated that they would
like to be considered for reappointment to their respective committee for another term
that will expire on June 30, 2020:
Historical and Cultural Activities Committee
Ann Petta
Martina Boentaran
Lynn Smith
With the reappointment of these individuals, there will be no vacancies on this
committee and their letters requesting reappointment are on file in the City Clerk’s
office.
FISCAL IMPACT:
None
APPROVALS:
Debra Thomas Completed 07/07/2020 2:01 PM
City Attorney Completed 07/09/2020 3:16 PM
Finance Completed 07/09/2020 3:53 PM
City Manager Completed 07/09/2020 4:58 PM
City Council Pending 07/14/2020 6:00 PM
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AGENDA REPORT
MEETING DATE: July 14, 2020 Council Item
TITLE: Response to County of San Bernardino Survey Regarding
Microenterprise Home Kitchen Operations
PRESENTED BY: Steven Weiss, Planning & Development Services Director
RECOMMENDATION: Authorize Staff To Complete And Submit County of San
Bernardino Survey Concerning Microenterprise Home
Kitchen Operations Wherein Staff Will Provide Responses
Consistent With Opposing Said Operations
2030 VISION STATEMENT:
This report supports Goal #2 Maintain Public Safety by establishing regulations for
Microenterprise Home Kitchen Operations (MEHKOs) consistent with City Home
Occupation and Business License Regulations.
BACKGROUND/DISCUSSION:
California Assembly Bill 626 (AB626), known as the Homemade Food Act, was signed
into law by California Governor Brown on Sept 18, 2018, and went into effect on
January 1, 2019. Microenterprise Home Kitchens provide for the use of residential
home kitchens to prepare and sell food to the public. The kitchens are exempt from
many standards required of commercial kitchens that prepare and sell perishable foods.
For example, family members (adults and children) and pets have access to the kitchen
when not in operation, hand-washing sinks are only required in the bathrooms (not in
the kitchen), consumers can walk through the kitchen to access other areas of the
kitchen, and residential-grade appliances, equipment and finishes are acceptable.
On May 24, 2018, the San Bernardino Board of Supervisors (BOS) stated opposition to
Assembly Bill AB 626 Microenterprise Home Kitchen Operations. While the intent of
this bill was to economically empower talented home cooks, it presents serious health
risks to the public and introduces many new enforcement challenges to local
governments.
AB 626 exempts Microenterprise Home Kitchens from numerous state Health and
Safety Code requirements that are designed to protect consumers from foodborne
illnesses. As a result, this legislation could lead to an upsurge of complaints and
increase the risk of hospitalizations and potential deaths due to foodborne illnesses
from improperly cleaned kitchens and utensils, and unsafe and unsanitary food
preparation methods.
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On December 10, 2019, San Bernardino County, Department of Public Health, Division
of Environmental Health Services (EHS) was directed by the BOS to return in six (6)
months with recommendations regarding MEHKOs after conducting outreach and
education to cities and other key stakeholders.
It is important that Grand Terrace shares our input with EHS. To help the BOS make an
informed decision, attached is a blank short survey provided by EHS. Staff recommends
the City Council authorize staff fill out the attached form on their behalf and oppose,
consistent with most cities throughout San Bernardino County, primarily for reasons of
being inconsistent with Grand Terrace’s Home Occupation and Business License
requirements.
Grand Terrace has a strict process for conducting a business within a residence per the
following Home Occupation Permit (HOP) criteria. Highlighted in yellow clearly
distinguishes the areas why MEEKOS are unable to operate within residential zoning
districts:
A. Only those members of the household who also reside on the premises may
perform work at the subject home occupation premises. Nonresidents associated
with the subject HOP may not perform any duties or services on the premises
subject to the HOP.
B. There shall be no direct sales of products or merchandise.
C. Pedestrian and vehicular traffic will be limited to that normally associated with
residential districts, within the Vehicle Policy criteria formally adopted by the
Planning Commission.
D. The home occupation shall not involve the use of commercial vehicles for the
delivery of materials to or from the premises beyond those commercial vehicles
normally associated with residential uses or allowed within the vehicle policy for
home occupations.
E. Up to twenty-five percent of the living space or 250 square feet, whichever is
greater, of the residence may be used for storage of materials and supplies
related to the home occupation.
F. There shall be no outdoor storage of materials or equipment, nor shall
merchandise be visible from outside the residence.
G. The home occupation shall be confined within the main residential building. A
detached garage shall be considered as part of the main residential building.
H. The appearance of the structure shall not be altered nor shall the occupation
within the residence be conducted in a manner which shall cause the premises to
differ from its residential character either by the use of colors, materials,
construction, lighting, signs or the emission of sounds, noises and vibrations.
I. The use of utilities and community facilities shall be limited to that normally
associated with the use of the property for residential purposes.
J. There shall be no public advertising of the business address which is subject of a
HOP. Only the services provided, and phone number can be subject of
advertising. In case applicant desires to include the HOP mailing address in
his/her advertisement it may not include the physical address of HOP. A post
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office box or other mail collection system shall be used instead. Advertising signs
on the subject property shall be prohibited.
K. Type II HOPs (those with employees, subcontractors or sub-consultants that work
off premises) shall be re-evaluated at the end of the first year of operation. No
further fee is required. In the event that the Community Development Director or
his/her designee determines, based upon evidence presented, and after hearing
with the Permittee, that there are significant negative impacts on the
neighborhood, the HOP shall be revoked.
L. Community Development Director may add other criteria according to specific
circumstances to avoid potential negative impacts in the neighborhood.
There is a clear distinction, as opposed to granting a businesses license for a
commercial restaurant, that at home businesses approved through the HOP process
are not allowed to have clients come to the home. Allowing the County to regulate this
program would be counter to our code as described in the attached information sheets.
FISCAL IMPACT:
There is no fiscal impact associated with providing input to the County’s Department of
Public Health, EHS Division, other than staff time needed to complete the survey.
ATTACHMENTS:
• MEHKOS Survey - BlanK (PDF)
• Home Occupation Permit (PDF)
• Grand Terrace New Business Application - Inside City 9.20.19 (PDF)
APPROVALS:
Steven Weiss Completed 07/07/2020 9:19 AM
City Attorney Completed 07/08/2020 3:28 PM
Finance Completed 07/08/2020 5:59 PM
City Manager Completed 07/09/2020 12:45 PM
City Council Pending 07/14/2020 6:00 PM
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Microenterprise Home Kitchen
Operations (MEHKOs) Survey
Welcome
Please take a few minutes to share your thoughts on authorizing Microenterprise Home Kitchen Operations
(MEHKOs) in your city.
Please provide your contact information below.
o Name: ________________________________________________
o Position: ________________________________________________
o City Affiliation: ________________________________________________
o Email: ________________________________________________
o Phone: ________________________________________________
What is the perceived community interest in allowing Microenterprise Home Kitchen Operations?
Circle below on a scale from 1 (low) to 10 (high).
Little to
No
Interest
1 2 3 4 5 6 7 8 9 10 High
Interest
What concerns, if any, does your city have regarding the authorization of Microenterprise Home
Kitchen Operations?
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
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Please indicate how authorization of Microenterprise Home Kitchen Operations would positively and
negatively impact your city in the boxes below.
Positives
Negatives
What is the official position of your city regarding the authorization of Microenterprise Home Kitchen
Operations by the County Board of Supervisors? Select one below.
o Opt In
o Opt Out
o No Official Position
Would your city be willing to provide an official written statement regarding its position on
Microenterprise Home Kitchen Operations authorization? Select one below.
o Yes
o No
Please add any additional comments/questions below.
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
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CITY OF GRAND TERRACE Home Occupation Application
Community Development Department
22795 Barton Road
Grand Terrace, CA 92313
(909) 824-6621
Page 1 of 2
General Information
OFFICE USE ONLY
File No.: Date Submitted: Received By: Fee(s):
Applicant's Name: Phone Number: FAX Number:
Site Address:
Legal Owner's Name: Phone Number: FAX Number:
Legal Owner's Address (if different than above):
Type of Dwelling: □ Single Family □ Condo □ Apartment
Type of Home Occupation:
Please answer the following questions:
Will people come to your home for services? □ Yes □ No
Where will the products be sold?
Total number of: _____ employees; _____ subcontractors; _____ consultants
Room of home devoted to occupation (den, bedroom, garage, etc.)
Approximate square footage of this room:
What type of mechanical devices will be used?
What type of supplies or materials will be stored; where and how will they be stored?
Will a commercial vehicle be utilized? □ Yes □ No If yes, what type?
Please enclose the following with your application:
□ Floor plan of the subject property & indicate percentage of space used for business
□ Letter of intent describing the business and typical types of activities
NOTE: If you are a renter, the owner or landlord of the residence must also sign this application. If the residence is a
condominium/townhouse, an authorized representative of the Homeowner's Association must also sign this
application.
Affidavit
I certify that the foregoing statements and answers herein contained and any other information herewith submitted as part of this application are in all respects true
and correct to the best of my knowledge and belief. I further certify that the above Home Occupation will be conducted in compliance with the applicable provisions of
the Grand Terrace Municipal code, and I understand that any violation of the provisions of the Municipal Code constitutes a misdemeanor and may result in
criminal prosecution by the City of Grand Terrace, as well as revocation of this permit.
Date: Applicant's Signature:
Print Name:
Date: Property Owner's Signature:
Print Name:
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CITY OF GRAND TERRACE Home Occupation Application
Community Development Department
22795 Barton Road
Grand Terrace, CA 92313
(909) 824-6621
Page 2 of 2
Standard Conditions
Name of Business: HOP Number:
Business Address: HOP Type:
Prior to approval a request for a Home Occupation Permit the Community Development Director or his/her
designee shall find that the proposed use meets the following criteria:
A. Only those members of the household who also reside on the premises may perform work at the subject Home Occupation premises.
Nonresidents associated with the subject HOP may not perform any duties or services on the premises subject to the Home Occupation
Permit.
B. There shall be no direct sales of products or merchandise.
C. Pedestrian and vehicular traffic will be limited to that normally associated with residential districts, within the Vehicle Policy criteria
formally adopted by the Planning Commission.
D. The Home Occupation shall not involve the use of commercial vehicles for the delivery of materials to or from the premises beyond
those commercial vehicles normally associated with residential uses or allowed within the Vehicle Policy for Home Occupations.
E. Up to twenty-five percent of the living space or two hundred fifty square feet, whichever is greater, of the residence may be used for
storage of materials and supplies related to the home occupation.
F. There shall be no outdoor storage of materials or equipment, nor shall merchandise be visible from outside the residence.
G. The home occupation shall be confined within the main residential building. A detached garage shall be considered as part of the main
residential building.
H. The appearance of the structure shall not be altered nor shall the occupation within the residence be conducted in a manner which
shall cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs or the
emission of sounds, noises and vibrations.
I. The use of utilities and community facilities shall be limited to that normally associated with the use of the property for residential
purposes.
J. There shall be no public advertising of the business address which is subject of a home occupation permit. Only the services provided
and phone number can be subject of advertising. In case applicant desires to include the HOP mailing address in his/her advertisement it
may not include the physical address of HOP. a post office box or other mail collection system shall be used instead. Advertising signs on
the subject property shall be prohibited.
K. Type II HOPs (those with employees, subcontractors or sub consultants that work off premises) shall be re-evaluated at the end of the
first year of operation. No further fee is required. In the event that the Community Development Director or his/her designee determines,
based upon evidence presented, and after hearing with the Permittee, that there are significant negative impacts on the neighborhood, the
Home Occupation Permit shall be revoked.
L. Community Development Director may add other criteria according to specific circumstances to avoid potential negative impacts in
the neighborhood.
Special Conditions:
Acceptance of Conditions
I am the owner of the HOP business described above. I am aware of and accept all conditions set forth herein. It is further understood that all of the
aforementioned special conditions which require installation and improvements shall be completed in a manner satisfactory to the Community
Development Department of the City of Grand Terrace and shall not be deemed complete until approved and accepted as completed by said Department
Date: Applicant's Signature:
Print Name:
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*NOTIFICATION: AREAS SHADED IN GRAY SHALL BE CONSIDERED PUBLIC INFORMATION PER THE CALIFORNIA PUBLIC RECORDS ACT AND CA. BUS. & PROF. CODE § 16000.1. If Applicant’s business mailing address is a residential address, that address will be subject to public disclosure unless Applicant provides
a different address (e.g. PO Box) where the Applicant consents to receive service of process. If a different mailing address is not provided, a residential address may
be subject to public disclosure.
_______________________________________________________________________________________________
Remit To: City of Grand Terrace ● c/o Avenu Insights & Analytics ● 373 East Shaw Ave Box 367 ● Fresno, CA 93710
Toll Free Phone: (866) 240-3665 ● Fax: (855) 219-4338 ● Email: muniblsupport@avenuinsights.com
ZONING APPROVAL/CITY APPROVAL INFORMATION:
If you are a new business located in Grand Terrace, a business relocating to Grand Terrace or a business changing locations within Grand
Terrace, you will need to contact Community Development for information regarding zoning approval at (909) 824-6621 ext. 3.
Completion of a new business application alone does not confirm approval for operating a business in Grand Terrace.
Applicant(s) must receive final approval from the City before an official license can be issued and before operating within the City
Limits of Grand Terrace. Failure to receive the proper zoning or City approvals will delay the issuance of a business license.
Check all that apply:
__ New Application __ Change of Owner __ Change of Address __ Change of Business Name
Check all that apply: __ Commercial or Industrial
__ Home based business located inside the City limits of Grand Terrace Legal Business Name: ________________________________________________ Contractor State License #: ____________________________
DBA (Doing Business As): ___________________________________________________ Total Number of Employees: _____________________
Business Phone: ____________________________ Alternate Phone: _____________________ Fax: ______________________________________
Business Mailing Address: __________________________________________________________________________________________________
The business mailing address will be considered the address in which you consent to receive service of process
Business Physical Location (No PO Box): ________________________________________________________________________________________
Initial one:
________(initial) The business physical location or job site address provided above IS NOT a residential address.
________(initial) The business physical location or job site address provided above IS A RESIDENTIAL ADDRESS.
Ownership Type: __ Sole Proprietorship (Individual) __ General Partnership __ Corporation __ LLC __ LLP __ Trust
Please describe your business activity in detail: _______________________________________________________________________________
Business email: __________________________ Federal ID #: __________________ Business website: _________________________________ Date Business Began in Grand Terrace: _____/_____/_____
Owner Information: Use separate sheet of paper with additional owners’ information if necessary.
Owner Name: _____________________________________________________________________________________________________________
(First Name) (Middle Initial) (Last Name) Owner Address: ___________________________________________________________________________________________________________ (Address) (City) (State) (Zip)
Owner Cell Phone: ________________________ Owner Phone: ________________________ Owner email: _______________________________
Pursuant to CA. Bus. & Prof. Code § 16000.1, provide AT LEAST ONE of the following forms of ID (required):
SSN: __________________ Valid CA DL issued by DMV #: ______________________ Valid CA ID # issued by DMV: _______________________
Taxpayer ID # issued by the IRS: _______________ Municipal Identification #: ______________ Issued by: ______________________________ (Name of Municipality) Primary Contact (Business License Related Questions and/or Emergency Contact):
Name: __________________________________________________ Title: _________________________ Phone: __________________________
(First Name) (Middle Initial) (Last Name)
Address: _________________________________________________________________________ Cell Phone: __________________________
(Address) (City) (State) (Zip)
City of Grand Terrace (9911)
Application For New Business License for Businesses Located in Grand Terrace
Applicant(s) must receive final approval from the City before an Official license
can be issued and before operating within the City Limits of Grand Terrace.
Annual business licenses expire on December 31st of each year and are due on or before the last day in January
License Year ____________
Application Date: ____/____ /____
FOR USE BY CITY ONLY: __ APPROVED __ NOT APPROVED NPDES Fee: __ Yes __ No CNPDES Fee: __ Yes __ No
Comments/Notes: ______________________________________________________________________________________________________________________________________________
Amount Paid: $ _________________ Method: ___ Cash ___ Check ___ Credit Card Date: _____________ Received By: _______________________________________________________
_ Code 1.00 – GROSS _ Code 3.01 – CNPDES Contractors C _ Code 8.00 – Fertilizer Sales
_ Code 2.00 - GNPDES Based on Gross _ Code 4.00 – Home Based _ Code 12.00 – Contractor AB–General or Electric (not-CNPDES)
_ Code 3.00 - CNPDES Contractor AB –General or Electrical _ Code 6.00 – Fortunetelling _ Code 13.00 – Contractor C-All Others (not-CNPDES)
_ Code 99.99 - Exempt
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4.00
CALCULATE LICENSE AMOUNT DUE – Required for all applicants:
Check here __ if exempt from Business Tax, and skip to Sworn Statement at the bottom of this application. Proof of exemption is required.
Step 1: Check here if you are a Contractor.
►Pro-rated fees apply only to new businesses in the first year that pay based on a fixed rate.
See Pro-Rated Fee Table for rates.
(1a) General Contractors – Enter $150.00 on line 1(a), and skip to Step 3. (1a) $ ________________
(1b) All Other Types of Contractors – Enter $80.00 on line 1(b), and
skip to Step 3. (1b) $ ________________
Note: General or engineering contractors (Class A,B) who also do specialty and/or sub-contractor work (Class C)
must pay the $150.00 license fee above instead of the $80.00 contractor license fee.
Step 2: All Other Business Types:
(2a) Enter your estimated gross receipts for the current year: (2a) $ ________________
(2b) Based on the gross receipts amount listed above, use the below fee schedule table to determine the
license amount due. Enter the fee amount due on line 2(b). (2b) $ ________________
Gross Receipts:
$ 49,999.99 or less --------------------------------- License Fee $30.00
$ 50,000.00 to $ 99,999.99 ------------ License Fee $50.00
$100,000.00 to $149,999.99 ------------ License Fee $70.00
$150,000.00 to $199,999.99 ------------ License Fee $120.00
$200,000.00 to $299,999.99 ------------ License Fee $170.00
$300,000.00 to $499,999.99 ------------ License Fee $220.00
$500,000.00 to $699,999.99 ------------ License Fee $270.00
$700,000.00 to $999,999.99 ----------- License Fee $320.00
0ver $1,000,000.00 -------------------------------- License Fee $320.00 plus $0.25 per $1,000 of gross receipts over $1,000,000 to
maximum of $1,200.00
Step 3: Add $80.00 for NPDES fee if applicable: (3) $ ________________
To determine whether or not your business is required to pay the NPDES fee,
Contact the Community Development Dept at (909) 824-6621 ext 3.
Step 4: Add CASp (required): (4) $________________
Step 5: Total Amount Due (Sum amounts from 1a, 1b, 2b, 3 and 4): (5) $ ________________
Make check payable to: Tax Trust Account
ADDITIONAL INFORMATION
CASp State Mandated Disability Access/ Education Fee: On September 19, 2012, Governor Brown signed Senate Bill 1186 (SB 1186) into law. SB 1186 is intended to increase
disability access, encourage compliance with construction-related accessibility requirements, develop education resources for businesses, and facilitate compliance with Federal
and State disability laws. From January 1, 2013, and until December 31, 2017, cities and counties were required to collect a State mandated fee of $1.00 from “any applicant for
a local business license or equivalent instrument or permit, and from any applicant for the renewal of a business license or equivalent instrument or permit.” Assembly Bill 1379
was passed on October 11, 2017 which extends the assessment of the fee indefinitely and also the State mandated fee from $1.00 to $4.00 from January 1, 2018 until December
31, 2023. The City is required by law to inform you of the following: Under Federal and State law, compliance with disability access laws is a serious and significant responsibility
that applies to all California building owners and tenants with buildings open to the public. You may obtain information about your legal obligations and how to comply with disability
access laws at the following agencies: The Division of the State Architect at: https://www.dgs.ca.gov/DSA; The Department of Rehabilitation at: https://www.dor.ca.gov/; The
California Commission on Disability Access at: http://www.dgs.ca.gov/CCDA.
CALIFORNIA PUBLIC RECORDS ACT INFORMATION: http://www.boe.ca.gov/info/publicrecords.htm
CALIFORNIA AB 2184: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB2184
SWORN STATEMENT
I acknowledge that the City of Grand Terrace’s issuance of a Business License and payment of Business License Tax does not entitle me/authorized representative to conduct
any business in the City that is in violation of any applicable laws. I further acknowledge that the City of Grand Terrace’s issuance of a Business License does not waive the City
of Grand Terrace’s right in any way to enforce compliance with applicable laws against me/authorized representative. I hereby certify, under penalty of perjury, that the
information in this application is true, correct, and complete to the best of my knowledge and belief. I agree to comply with all applicable laws and ordinances regulating the
operation of this business. *I acknowledge that whatever address has been provided by me for the purpose of legal service process will be subject to public disclosure.
________________________________________________ ________________________________________________ ____________________
Signature of Business Owner/Authorized Representative Printed Name Date
City of Grand Terrace (9911)
Application For New Business License
Business Name: __________________________ Account #: _________
Applicant(s) must receive final approval from the City before an Official license
can be issued and before operating within the City Limits of Grand Terrace.
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AGENDA REPORT
MEETING DATE: July 14, 2020 Council Item
TITLE: Approval of the May-2020 Check Register in the Amount of
$403,0330.41 and June-2020 Check Register in the Amount
of $561,181.25
PRESENTED BY: Cynthia Fortune, Assistant City Manager
RECOMMENDATION: Approve the following Check Registers:
1. Check Register No. 05312020 in the amount of
$403,0330.41 as submitted, for the period ending May 31,
2020; and
2. Check Register No. 06302020 in the amount of
$561,181.25 as submitted, for the period ending June 30,
2020.
2030 VISION STATEMENT:
This staff report supports Goal #1, “Ensuring Our Fiscal Viability”, through the
continuous monitoring of expenditure budgets, allocations and operational costs.
BACKGROUND:
The check registers for the months of May and June 2020 have been prepared in
accordance with Government Code §37202 and are hereby submitted for City Council’s
approval.
The check registers list all vendor payments for the respective months, along with a
brief description of the type of goods or services purchased and the account code(s)
associated with each payment. The check registers list all payments made to vendors
and employee reimbursements during the months of May and June.
The attached index to the Check Register is a guideline account list only and is not
intended to replace the comprehensive chart of accounts used by the City and Grand
Terrace Successor Agency. Expenditure account number formats are XX-XXX-XXX
[Fund-Department-Account]. Expenditures may be made from trust/agency accounts
(Fund 23-XXX-) or temporary clearing accounts which do not have a budgetary impact.
DISCUSSION:
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CHECK REGISTER
A total of $964,214.66 in accounts payable checks and/or wires were issued during the
two periods for services, reimbursements, supplies and contracts and are detailed in the
individual monthly registers.
Below is a table that lists payments larger than $10,000 for each month’s check register:
Payments larger than $10,000:
Check
No. Payee Description Amount
MAY-2020
77235
ALBERT WEBB &
ASSOC.
DEC-2019, FEB-2020, MAR-2020, TRAF SIG
MODIFICATION, INSP $11,257.65
77251
INTERWEST
CONSULTING
JUL-2019 - MAY-2019 COMMERCE WY
CONSULTING SVCS $20,250.00
77270
WEST COAST
ARBORISTS
CITYWIDE TREE TRIMMING, JAN-FEB2020
MAINT $16,630.00
77281 SB COUNTY SHERIFF APR-2020 LAW ENFORCEMENT SVCS $165,371.00
77291 ALESHIRE & WYNDER FEB-2020 - MAR-2020 LEGAL SERVICES $29,545.19
77302
PROGRESSIVE
SOLUTIONS
2020-21 SOFTWARE MAINT-CASHIERING,
DOG LICENSING, CODE ENF $12,386.71
MAY-2020 Payments larger than $10,000 $255,440.55
JUNE-2020
77358 SB COUNTY SHERIFF
JAN-MAR2020 OVERTIME, GAS/VEH
MAINT $48,873.00
77359
SO CA EDISON
COMPANY MAY2020 ENERGY USAGE $10,730.46
77368
SB COUNTY FLOOD
CONTROL
2019-20 FLOOD CONTROL DISTRICT
ASSESSMENT $22,770.00
77381
BURRTEC WASTE
INDUSTRIES DELINQUENT TRASH COLLECTIONS $106,059.89
77387
GRAND TERRACE 17
LLC
REFUND OF DEPOSIT - CRESTWOOD
COMMUNITY $39,997.00
77395
EVAN BROOKS
ASSOCIATES
URBAN FLOOD PROTECTION GRANT
SVCS, HSIP CYCLE 8 PRGM SVCS $16,245.00
77401 SB COUNTY SHERIFF MAY2020 LAW ENFORCEMENT SVCS $165,371.00
MAR-2020 Payments larger than $10,000 $410,046.35
GRAND TOTAL $665,486.90
PAYROLL
Payroll costs for the months of May and June:
May-2020
Pay Period Period Start Period End Pay Date Amount
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23 From 4/18/2020 to 5/1/2020 5/7/2020 $54,841.80
24 From 5/2/2020 to 5/15/2020 5/21/2020 $46,868.54
$101,710.34
Jun-2020
Pay Period Period Start Period End Pay Date Amount
25 From 5/16/2020 to 5/29/2020 6/4/2020 $46,241.17
26 From 5/30/2020 to 6/12/2020 6/18/2020 $46,256.79
$92,497.96
GRAND TOTAL $194,208.30
FISCAL IMPACT:
All disbursements (including payroll) were made in accordance with the Approved
Budget for Fiscal Year 2019-20 in the amount of:
Description Amount
MAY-2020
Check Register $403,033.41
Payroll $101,710.34
$504,743.75
Description Amount
JUNE-2020
Check Register $561,181.25
Payroll $92,497.96
$653,679.21
GRAND TOTAL $1,158,422.96
ATTACHMENTS:
• Check Register Account Index (PDF)
• Jun-2020 Check Register Report (PDF)
• May-2020 Check Register Report (PDF)
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APPROVALS:
Cynthia A. Fortune Completed 07/01/2020 6:33 PM
Finance Completed 07/01/2020 6:33 PM
City Attorney Completed 07/08/2020 11:35 AM
City Manager Completed 07/09/2020 7:37 AM
City Council Pending 07/14/2020 6:00 PM
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CITY OF GRAND TERRACE
FY2019-20
GRAND TERRACE CIVIC CENTER
22795 BARTON ROAD GRAND TERRACE, CA 92313
CHECK REGISTER
Account Index
Darcy McNaboe, Mayor
Doug Wilson, Mayor Pro Tem
Sylvia Robles, Council Member
Bill Hussey, Council Member
Jeff Allen, Council Member
The Grand Terrace City Council meets on the Second and Fourth Tuesday of each month at 6:00 pm.
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Fund
No.Fund Name
Dept
No.Department Cost Center
Acct
No.General Account Numbers
09 CHILD CARE FUND 110 CITY COUNCIL 110 SALARIES/WAGES
10 GENERAL FUND 120 CITY MANAGER 115 OVERTIME
11 STREET FUND 125 CITY CLERK 120 COUNCIL STIPENDS
12 STORM DRAIN FUND 140 FINANCE 138 MEDICARE / SUI
13 PARK FUND 160 CITY ATTORNEY 139 EMPLOYEES' BENEFIT PLAN
14 AB 3229 COPS FUND 172 BUILDING & SAFETY 140 RETIREMENT
15 AIR QUALITY IMPROVEMENT FUND 175 PUBLIC WORKS 142 HEALTH/LIFE INSURANCE
16 GAS TAX FUND 180 COMMUNITY EVENTS 143 WORKERS' COMPENSATION
17 TRAFFIC SAFETY FUND 185 RENTAL INSPECTION PROGRAM 210 OFFICE EXPENSE
18 TRANS. DEV. ACT (T D A FUND)187 ENFORCEMENT PROGRAM 211 POSTAGE & MAILING
19 FACILITIES DEVELOPMENT FUND 190 NON-DEPARTMENTAL 220 SPECIAL DEPARTMENTAL EXP
20 MEASURE I FUND 195 FACILITIES MAINTENANCE 230 ADVERTISING
21 WASTE WATER DISPOSAL FUND 370 PLANNING & DEVELOPMENT SVCS 235 COMMUNICATIONS
22 COMMUNITY DEV. BLOCK GRANT 380 MGT INFORMATION SYSTEMS 238 UTILITIES
25 SPRING MOUNTAIN RANCH FUND 410 LAW ENFORCEMENT 240 RENTS & LEASES
26 LSCPG/ LGHTG ASSESSMENT DIST.411 ASSET FORFEITURES 244 CUSTODIAL SERVICES
32 S/A CAPITAL PROJECTS FUND 430 RECREATION SERVICES 245 MAINT BLDG GRNDS EQUIPMNT
36 S/A 2011 TABS BOND PROCEEDS 441 CHILD CARE - NUTRITION GRANT 246 MAINT/OPER OF EQUIPMNT
45 CIP - COMMERCE WAY 445 CHILD CARE - TINY TOTS 250 PROFESSIONAL SERVICES
46 CIP - STREET IMPROVEMENTS 446 CHILD CARE - AFTER SCHOOL 251 BANKING SERVICE CHARGES
47 CIP - BARTON RD. BRIDGE PROJECT 447 CHILD CARE - PRE-SCHOOL 252 ROAD MAINTENANCE
48 CIP - CAPITAL PROJECTS FUND 450 PARKS MAINTENANCE 254 STREET SWEEPING
49 CIP - PARKS 461 COMMUNITY GRANTS 255 CONTRACTUAL SERVICES
50 CAPITAL PROJECT BOND PROCEEDS 500 AIR QUALITY PROGRAMS 256 ANIMAL SHELTERING SVCS
52 HOUSING AUTHORITY 510 STREET & SIGNAL LIGHTING 260 INSURANCE & SURETY BONDS
61 COMMUNITY BENEFITS FUND 573 LINE MAINTENANCE 265 MEMBERSHIPS & DUES
62 LIGHT UP GRAND TERRACE FUND 600 ZONE 1 13364 CANAL -TERR PINES 268 TRAINING
63 ILLEGAL FIREWORKS FUND 601 ZONE 3 TRACT 14471 PICO & ORIOLE 270 TRAVEL/CONFERENCES/MTGS
64 PUBLIC SAFETY FUND 602 ZONE 2 14264 FORREST CITY PHASE II 271 MILEAGE
65 SENIOR BUS PROGRAM FUND 603 ZONE 4 TRACT 17766 GREENBRIAR 625 NPDES
66 CAL RECYCLE GRANT 604 ZONE 5 TRACT 18793 PALOMINO 631 STORM DRAIN MAINTENANCE
67 PUBLIC EDUC & GOVT ACCESS (PEG)605 ZONE 6 TRACT 18071 JADEN 801 PLANNING COMMISSION
68 40TH YR CELEBRATION FUND 606 ZONE 7 TRACT 18604 TESORO/VAN BUREN 804 HISTORICAL & CULTURAL COMM.
69 COMMUNITY DAY FUND 625 NPDES 311 FACILITY IMPROVEMENTS
70 FIXED ASSED/EQUIP REPL FUND 631 STORM DRAIN MAINTENANCE 570 WASTEWATER TREATMENT
73 ACTIVE TRANS PRGM (ATP) GRANT 700 CAPITAL OUTLAY 400 OTHER COMMUNITY GRANTS
74 HIGHWAY SFTY IMPV PRGM (HSIP)705 EVERY 15 MINUTES 601 ELECTRICAL VEHICLE STATIONS
75 EMER MGMT PREP GRANT (EMPG)801 PLANNING COMMISSION 700 COMPUTER EQUIPMENT
76 ENHANCED INFRA FIN DIST (EIFD)804 HISTORICAL & CULTURAL COMMITTEE 701 CAPITAL IMPROVEMENT OTHER
77 SO CAL INCENTIVE PROJECT (SCIP)805 SENIOR CITIZENS PROGRAM 705 VEHICLES
90 COVID-19 EMERGENCY FUND 808 EMERGENCY OPERATIONS PROG.998 OVERHEAD COST ALLOCATION
95 DOG PARK ENDOWMENT FUND 999 TRANSFERS 999 TRANSFERS OUT
City of Grand Terrace Check Register Index
C.6.a
Packet Pg. 87
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CITY OF GRAND TERRACE
FY2019-20
GRAND TERRACE CIVIC CENTER
22795 BARTON ROAD GRAND TERRACE, CA 92313
MONTHLY CHECK REGISTER
For the Period Ending June 30, 2020
Darcy McNaboe, Mayor
Doug Wilson, Mayor Pro Tem
Sylvia Robles, Council Member
Bill Hussey, Council Member
Jeff Allen, Council Member
The Grand Terrace City Council meets on the Second and Fourth Tuesday of each month at 6:00 pm.
C.6.b
Packet Pg. 88
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Invoice #
E 10-175-218-000-000 $192.57
$192.57
$192.57
E 10-370-230-000-000 $148.07
$148.07
$990.19
77331 06/07/2020 COMPUTERIZED EMBROIDERY CO IN 41280 WORKSHIRTS FOR JORGE AND RICHIE 02/25/2020
E 10-370-230-000-000 $148.07
$148.07
32156 ZONING CODE AMENDMENT 20-01 AND BARTON 05/04/2020
E 10-370-230-000-000 $231.35
$231.35
32133 PUBLIC HEARING NOTICE 5/21 04/27/2020
E 10-125-230-000-000 $462.70
$462.70
32271 PUBLIC HEARING NOTICE PLANNING COMMISSI 06/02/2020
E 10-190-235-000-000 $2,661.63
$2,661.63
$2,661.63
77330 06/07/2020 CITY NEWSPAPER GROUP 32208 MAY ADVERTISEMENT- PLANNING COMM. VACA 05/19/2020
E 10-380-250-000-000 $2,100.00
$2,100.00
$2,100.00
77329 06/07/2020 CENTURYLINK 110507226 APR AND MAY 2020 PHONE AND INTERNET 05/17/2020
$365.50
$365.50
77328 06/07/2020 BENSON PRODUCTIONS 1461 AUDIO/VISUAL SVCS FOR CITY COUNCIL, PLANN 06/01/2020
B 10-017-00-00 $332.75
E 10-195-245-000-000 $16.38
E 10-450-245-000-000 $16.37
Inv. Date Amount Paid Check Total
77327 06/07/2020 ASCAP 500713485 2020 ON HOLD MUSIC LICENSE FEES 05/20/2020
Check #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 6/30/2020
C.6.b
Packet Pg. 89
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 6/30/2020
E 10-125-210-000-000 $69.97
$69.97
$69.97
E 22-425-312-000-000 $1,314.62
$1,314.62
$2,778.45
77336 06/07/2020 FEDEX 7-011-89139 MAY EXPRESS MAILING SERVICES 05/15/2020
E 22-425-312-000-000 $1,463.83
$1,463.83
04-2020-6828 APR20 CDBG SR CENTER COORDINATOR 05/11/2020
B 10-022-71-00 $161.34
$161.34
$161.34
77335 06/07/2020 FAMILY SERVICES ASSOCIATION 03-2020-6828 MAR20 CDBG SR CENTER COORDINATOR 04/15/2020
E 10-120-250-000-000 $400.00
$400.00
$1,200.00
77334 06/07/2020 EYEMED FIDELITY SECURITY LIFE 164350818 JUN 2020 EMPLOYEE PAID VISION INSURANCE 05/21/2020
E 10-120-250-000-000 $800.00
$800.00
EI00903915 2019 COST STUDY SERVICES 12/30/2019
E 10-175-230-000-000 $688.60
$688.60
$2,065.80
77333 06/07/2020 EIDE BAILLY LLP EI00879228 AUG- SEP 2019 COST STUDY SERVICES~10/24/2019
E 10-175-230-000-000 $688.60
$688.60
B3332092 1/16 NOTICE INVITING BIDS MT VERNON 01/16/2020
E 10-175-230-000-000 $688.60
$688.60
B3353658 3/16 NOTICE INVITING BIDS MT VERNON 03/16/2020
77332 06/07/2020 DAILY JOURNAL CORPORATION B3356104 3/26 NOTICE INVITING BIDS MT VERNON 03/26/2020
C.6.b
Packet Pg. 90
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 6/30/2020
R 10-450-01 $100.00
$100.00
$100.00
77343 06/07/2020 GAIL SEEKINS 011777 REFUND PARK RESERVATION - R ROLLINS 03/28 03/28/2020
E 10-185-210-000-000 $6.48
E 10-370-210-000-000 $10.75
$17.23
$358.73
E 10-125-210-000-000 $341.50
$341.50
497768885001 PLASTIC ENVELOPES 05/22/2020
E 10-955-800-108-000 $2,715.00
$2,715.00
$2,715.00
77342 06/07/2020 OFFICE DEPOT 500972708001 BLACK TONER 05/27/2020
R 10-450-01 $100.00
$100.00
$100.00
77341 06/07/2020 KTUA 32069 APR 2020 MICHIGAN WALKABLE STREET PLAN 05/29/2020
B 10-017-00-00 $300.00
$300.00
$300.00
77340 06/07/2020 CHANEL IRVING CI 05232020 PARK RESERVATION REFUND - CHANEL IRVING 05/23/2020
B 23-505-75-00 $39,997.00
$39,997.00
$39,997.00
77339 06/07/2020 HIGH TECH SECURITY SYSTEMS 133806 20/21 ANNUAL MAINTENANCE AGREEMENT 06/01/2020
E 90-190-220-000-000 $215.18
$215.18
$215.18
77338 06/07/2020 GRAND TERRACE 17 LLC REF DEP CREST REFUNDABLE DEPOSIT CRESTWOOD COMMUN 05/30/2020
77337 06/07/2020 ALAN FRENCH AF 052020 REIMB FOR COVID 19 EQUIPMENT & SUPPLIES 05/20/2020
C.6.b
Packet Pg. 91
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 6/30/2020
E 10-190-212-000-000 $643.96
$643.96
$643.96
E 10-190-235-000-000 $190.05
$190.05
$190.05
77348 06/07/2020 XEROX CORPORATION 010482022 MAY 2020 W7970 COPIER LEASE RENTAL & IMP 06/01/2020
E 10-190-211-000-000 $5,000.00
$5,000.00
$5,000.00
77347 06/07/2020 VERIZON WIRELESS 9855305755 MAY-JUN 2020 APLR CARD LINE SERVICE 05/23/2020
E 10-175-250-000-000 $1,598.11
$1,598.11
$1,598.11
77346 06/07/2020 USPS NEOPOST POSTAGE ON CALL USPS 2020 ACCT 74456587 POSTAGE METER 2020 03/01/2020
E 10-190-238-000-000 $114.98
$114.98
$781.34
77345 06/07/2020 TKE ENGINEERING INC 2019-1117 PROF INSPECTION SVCS- VAN BUREN CULVERT 12/26/2019
E 10-805-238-000-000 $167.82
$167.82
0228510052520 MAY-JUN CITY HALL CABLE - CITY HALL 05/25/2020
E 10-805-238-000-000 $181.35
$181.35
0153825052320 SR CENTER INTERNET HSD3 MAY-JUN 05/23/2020
E 10-190-238-000-000 $317.19
$317.19
0156711051420 SR CENTER CLUB HOUSE APR MAY 05/14/2020
77344 06/07/2020 TIME WARNER CABLE 0197046051620 CITY HALL CABLE MAY-JUN 05/16/2020
C.6.b
Packet Pg. 92
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 6/30/2020
20-1404
E 10-450-245-000-000 $53.68
$53.68
$53.68
B 10-017-00-00 $473.00
$473.00
$473.00
77354 06/13/2020 FRUIT GROWERS SUPPLY 92071279 OIL ENGINE 50:1, FILE ROUND, OIL BAR AND CHA07/12/2019
E 10-190-238-000-000 $394.72
$394.72
$394.72
77353 06/13/2020 CUBESMART MANAGEMENT LLC 5001621978 JUL 2020 STORAGE RENTAL 06/10/2020
E 16-900-254-000-000 $5,101.24
$5,101.24
$5,101.24
77352 06/13/2020 COLTON PUBLIC UTILITIES JAN-MAR2020 G JAN-MAR 2020 GT SEWER 06/02/2020
E 10-808-235-000-000 $323.73
$2,073.11
$2,073.11
77351 06/13/2020 CLEAN STREET 97317 MAY 2020 STREET SWEEPING SERVICES 05/31/2020
E 10-190-235-000-000 $1,120.81
E 10-450-235-000-000 $219.81
E 10-805-235-000-000 $408.76
$48.49
$330.80
77350 06/13/2020 AT AND T JUN 2020 AT&T JUN 2020 AT&T 06/01/2020
E 10-190-211-000-000 $282.31
$282.31
BUSINESS CARDS FOR KJAMES AND STILLMAN 06/03/2020
E 10-185-210-000-000 $48.49
77349 06/13/2020 ACCENT GRAPHICS AND DESIGN 20-1406 1000 WINDOWLESS ENVELOPES, 1500 WINDOW 06/03/2020
C.6.b
Packet Pg. 93
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 6/30/2020
E 10-410-250-000-000 $1,279.36
$1,279.36
$48,873.00
E 10-410-250-000-000 $8,155.92
$8,155.92
19555 SHERIFF OVERTIME - BLUE MTN HIKE 05/22/2020
E 10-410-220-000-000 $8,965.31
E 10-410-250-000-000 $4,138.70
$13,104.01
19554 SHERIFF OVERTIME - GT QUALITY OF LIFE 05/22/2020
E 10-410-250-000-000 $26,333.71
$26,333.71
19552 GAS/ VEH MAINT & SHERIFF OVERTIME 05/22/2020
E 10-195-247-000-000 $591.95
$591.95
$591.95
77358 06/13/2020 SB COUNTY SHERIFF 19553 JAN-MAR 2020 SHERIFF OVERTIME 05/22/2020
B 10-017-00-00 $5,434.00
$5,434.00
$5,434.00
77357 06/13/2020 PROTECTION ONE 132434346 MAINT BLDG ALARM MONITORING EQUIPMENT 01/06/2020
77356 06/13/2020 ON SITE COMPUTING 54001113 FY2020-21 IT SERVICES JUL 06/13/2020
E 10-140-250-000-000 $4,416.58
E 32-200-250-000-000 $1,592.42
$6,009.00
$6,009.00
77355 06/13/2020 LANCE SOLL AND LUNGHARD LLP 38662 AUDIT FEES FOR FY2018-19 FINANCIALS 06/08/2020
C.6.b
Packet Pg. 94
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 6/30/2020
R 10-450-01 $50.00
$50.00
$50.00
E 10-190-238-000-000 $78.00
$78.00
$254.30
77362 06/13/2020 DIANA VASQUEZ REFUND DV 050 ROLLINS PARK REFUND 5/2/2020 05/02/2020
E 10-190-238-000-000 $139.31
E 10-805-238-000-000 $36.99
$176.30
16179154 060620 JUN 2020 WATER FILTRATION SYSTEM RENTAL 06/06/2020
77361 06/13/2020 SPARKLETTS 9637116 060120 MAY 2020 BOTTLED WATER SERVICES 06/01/2020
E 10-190-238-000-000 $56.49
E 10-805-238-000-000 $72.90
$129.39
$129.39
E 26-604-238-000-000 $48.06
$10,730.46
$10,730.46
77360 06/13/2020 SO CA GAS COMPANY MAY 2020 GAS S MAY 2020 GAS SERVICE 06/05/2020
E 26-601-238-000-000 $24.58
E 26-602-238-000-000 $34.03
E 26-603-238-000-000 $5.67
E 10-450-238-000-000 $884.88
E 16-510-238-000-000 $5,696.80
E 26-600-238-000-000 $30.25
E 10-172-238-000-000 $104.24
E 10-175-238-000-000 $104.24
E 10-190-238-000-000 $3,797.71
77359 06/13/2020 SO CA EDISON COMPANY MAY 2020 EDISO MAY 2020 ENERGY USAGE 06/01/2020
C.6.b
Packet Pg. 95
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 6/30/2020
E 10-625-220-000-000 $22,770.00
$22,770.00
$22,770.00
E 10-195-245-000-000 $336.03
$336.03
$336.03
77368 06/21/2020 COUNTY OF SB FLOOD CONTROL FC009/20 FLOOD CONTROL DISTRICT - PUBLIC WORKS AN 09/30/2019
E 10-195-257-000-000 $402.56
$402.56
$402.56
77367 06/21/2020 COUNTY OF RIVERSIDE TLMA ADM TL0000015339 MAY 2020 TRAFFIC SIGNAL LIGHTS MONITORING 06/12/2020
E 10-190-212-000-000 $322.19
$322.19
$322.19
77366 06/21/2020 ACCO ENGINEERED SYSTEMS 1823236 HVAC MAINT & REPAIR SERVICES 02/15/2020
E 10-172-250-100-000 $1,008.00
$1,008.00
$3,455.50
77365 06/13/2020 XEROX CORPORATION 010482021 MAY 2020 COPIER LEASE RENTAL & IMPRINTS 06/01/2020
E 10-172-250-100-000 $2,447.50
$2,447.50
00415990 INSPECTION:TR 18071 ROUGH GRADE 05/20/2020
$1,090.18
$1,090.18
77364 06/13/2020 WILLDAN 002-22421 FEB 2020 PLAN REVIEW SVCS AND INSPECTION 03/05/2020
E 10-175-240-000-000 $465.31
E 10-185-235-000-000 $246.65
E 16-510-236-000-000 $378.22
77363 06/13/2020 VERIZON WIRELESS 9855656566 MAY-JUN 2020 MONTHLY PHONE CHARGES 06/01/2020
C.6.b
Packet Pg. 96
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 6/30/2020
E 10-140-250-000-000 $2,513.02
$2,513.02
$2,513.02
E 10-450-245-000-000 $4.46
$4.46
$54.44
77371 06/21/2020 HINDERLITER DE LLAMAS ASSOC SIN001467 SALES TAX & AUDIT SERVICES 05/11/2020
E 10-450-245-000-000 $8.90
$8.90
92153003 CAP PVC THREADED 0.50"06/10/2020
E 10-450-245-000-000 $10.10
$10.10
92153214 CONNECTOR BRASS, NIPPLE GLV, ADAPTER PV 06/10/2020
E 10-450-245-000-000 $11.65
$11.65
92152985 TEE PVC, CAP PVC, NIPPLE PVC 06/10/2020
E 10-450-245-000-000 $19.33
$19.33
92068474 COUPLER PVC REPAIR, TEE PVC, NIPPLE TRAN 07/01/2019
E 22-425-312-000-000 $1,596.29
$1,596.29
$1,596.29
77370 06/21/2020 FRUIT GROWERS SUPPLY 92155840 BUILDING AND MAINT. SUPPLIES 06/19/2020
77369 06/21/2020 FAMILY SERVICES ASSOCIATION 05-2020-6828 CDBG SR CENTER PROGRAMS 06/15/2020
C.6.b
Packet Pg. 97
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 6/30/2020
B 10-017-00-00 $204.05
$204.05
$542.72
B 10-017-00-00 $338.67
$338.67
134731219 JUL20-SEP20 MAINT BLDG ALARM MONITORING 06/08/2020
E 90-120-250-000-000 $300.00
$300.00
$300.00
77374 06/21/2020 PROTECTION ONE 134731218 JUL20-SEP20 ALARM MONITORING SRVS 06/08/2020
E 74-175-142-000-000 $2.47
$1,062.87
$1,062.87
77373 06/21/2020 ANDY PEREZ 34 ADDITIONAL COUNTER SNEEZE GUARDS 06/04/2020
E 16-175-142-000-000 $24.54
E 52-400-142-000-000 $1.31
E 65-425-142-000-000 $3.80
E 10-185-142-000-000 $21.43
E 10-370-142-000-000 $22.79
E 10-450-142-000-000 $9.81
E 10-140-142-000-000 $8.82
E 10-172-142-000-000 $6.32
E 10-175-142-000-000 $29.52
B 10-022-66-00 $851.44
E 10-120-142-000-000 $66.11
E 10-125-142-000-000 $14.51
77372 06/21/2020 LINCOLN NATIONAL LIFE INSURANC LCLN JUL 2020 JUL 2020 LIFE/AD&D/DEP LIFE/WI/LTD 07/01/2020
C.6.b
Packet Pg. 98
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 6/30/2020
E 10-172-250-100-000 $845.00
$845.00
E 20-100-245-000-000 $882.00
$882.00
$882.00
77380 06/21/2020 WILLDAN 002-22422 FEB 2020 PW PLAN CHECK AND REVIEW SVCS 03/05/2020
E 10-805-238-000-000 $278.22
$278.22
$278.22
77379 06/21/2020 WEST COAST ARBORISTS INC 161007 CITYWIDE TREE TRIMMING AND TREE REMOVA 04/30/2020
B 10-017-00-00 $1,488.00
$1,488.00
$1,488.00
77378 06/21/2020 TIME WARNER CABLE 0007245600720 SR CTR CABLE INTERNET BLDG3 JUN-JUL 06/07/2020
E 10-450-245-000-000 $82.47
$82.47
$230.23
77377 06/21/2020 SO CA ASSOC OF GOVERNMENTS 06172020SCAG SCAG MEMBERSHIP 2020-21 06/17/2020
E 10-450-245-000-000 $147.76
$147.76
100305494-001 HUNTER PRO SPRAY, 90 DEGREET STREET ELB 06/04/2020
E 32-600-301-000-000 $14.44
$9,005.91
$9,005.91
77376 06/21/2020 SITEONE LANDSCAPE SUPPLY 100248151-001 LESCO RYEGRASS BLEND, KELLOGG TOPPER, 06/03/2020
E 10-805-238-000-000 $1,254.96
E 26-600-239-000-000 $199.68
E 26-601-239-000-000 $298.81
E 10-175-238-000-000 $467.48
E 10-190-238-000-000 $1,259.55
E 10-450-238-000-000 $5,510.99
77375 06/21/2020 RIVERSIDE HIGHLAND WATER CO APR-MAY 2020 R APR-MAY 2020 RIVERSIDE HIGHLAND WATER CO05/28/2020
C.6.b
Packet Pg. 99
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 6/30/2020
002-22791
B 23-302-90-00 $394.36
$394.36
B 23-302-90-00 $616.52
$616.52
01132020 TRASH 01/13/20 DELINQ TRASH COLLECTIONS 06/23/2020
B 23-302-90-00 $618.40
$618.40
04302020 TRASH 04/30/20 DELINQ TRASH COLLECTIONS 06/23/2020
B 23-302-90-00 $840.76
$840.76
02212020 TRASH 02/21/20 DELINQ TRASH COLLECTIONS 06/23/2020
B 23-302-90-00 $2,047.70
$2,047.70
11182019 TRASH 11/18/19 DELINQ TRASH COLLECTIONS 06/23/2020
B 23-302-90-00 $2,622.80
$2,622.80
07032019 TRASH 07/03/19 DELINQ TRASH COLLECTIONS 06/23/2020
B 23-302-90-00 $29,945.58
$29,945.58
03202020 TRASH 03/20/20 DELINQ TRASH COLLECTIONS 06/23/2020
B 23-302-90-00 $32,459.49
$32,459.49
04142020 TRASH 04/14/20 DELINQ TRASH COLLECTIONS 06/23/2020
B 23-302-90-00 $36,205.08
$36,205.08
12122019 TRASH 12/12/19 DELINQ TRASH COLLECTIONS 06/23/2020
$637.50
$1,482.50
77381 06/24/2020 BURRTEC WASTE INDUSTRIES INC 04152019 TRASH 04/15/19 DELINQ TRASH COLLECTIONS 06/24/2020
MAY 2020 PLAN CHECK AND REVIEW SVCS 06/02/2020
E 10-172-250-100-000 $637.50
C.6.b
Packet Pg. 100
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 6/30/2020
B 23-303-90-00 $137.62
$137.62
B 23-303-90-00 $230.16
$230.16
11192018 SEWE 11/19/18 DELINQ SEWER COLLECTIONS 06/24/2020
B 23-303-90-00 $387.79
$387.79
04142017 SEWE 04/14/17 DELINQ SEWER COLLECTIONS 06/24/2020
B 23-303-90-00 $546.76
$546.76
04302019 SEWE 04/30/19 DELINQ SEWER COLLECTIONS 06/24/2020
B 23-303-90-00 $604.66
$604.66
04152019 SEWE 04/15/19 DELINQ SEWER COLLECTIONS 06/24/2020
B 23-303-90-00 $604.67
$604.67
03202020 SEWE 03/20/20 DELINQ SEWER COLLECTIONS 06/24/2020
B 23-303-90-00 $617.34
$617.34
11182019 SEWE 11/18/19 DELINQ SEWER COLLECTIONS 06/24/2020
B 23-303-90-00 $799.54
$799.54
04132018 SEWE 04/13/18 DELINQ SEWER COLLECTIONS 06/24/2020
B 23-303-90-00 $1,352.46
$1,352.46
12132017 SEWE 12/13/17 DELINQ SEWER COLLECTIONS 06/24/2020
B 23-303-90-00 $1,559.54
$1,559.54
12122019 SEWE 12/12/19 DELINQ SEWER COLLECTIONS 06/24/2020
B 23-302-90-00 $309.20
$309.20
$106,059.89
77382 06/24/2020 CITY OF COLTON 04142020 SEWE 04/14/20 DELINQ SEWER COLLECTIONS 06/24/2020
01032020 TRASH 01/03/20 DELINQ TRASH COLLECTIONS 06/23/2020
C.6.b
Packet Pg. 101
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 6/30/2020
E 90-450-245-000-000 PARK HAND WASH STATI $593.12
$5,966.24
$5,966.24
E 65-425-246-000-000 SR BUD MAINT & REPAIR $2,592.20
E 90-110-220-000-000 ROUTER-ZOOM MTGS $192.87
E 90-190-220-000-000 COVID TESTING MTRLS $1,580.55
E 10-190-211-000-000 POSTAGE $90.27
E 10-195-245-000-000 FACILITIES SUPPLIES $328.04
E 10-450-245-000-000 PARK SUPPLIES $178.60
E 10-125-265-000-000 NOTARY MEMB RENEW $69.00
E 10-172-210-000-000 OFFICE SUPPLIES $16.99
E 10-185-272-000-000 VEHICLE FUEL $36.00
E 10-110-210-000-000 OFFICE SUPPLIES $118.93
E 10-120-210-000-000 OFFICE SUPPLIES $50.87
E 10-120-220-000-000 SIGNS $118.80
E 10-450-245-000-000 $68.71
$68.71
$68.71
77385 06/25/2020 ARROWHEAD CREDIT UNION MAY 2020 VISA VISA CHARGES MAY - JUN 2020 06/02/2020
B 23-200-86-00 $29.20
$29.20
$257.20
77384 06/24/2020 SITEONE LANDSCAPE SUPPLY 100590642-001 RAIN BIRD SPRAY, PVC CAP, 90 DEGREE STREE 06/12/2020
B 23-200-86-00 $38.00
$38.00
2019 3RD QTR S 2019 3RD QTR SB1186 COLLECTIONS 06/23/2020
B 23-200-86-00 $190.00
$190.00
2019 4TH QTR S 2019 4TH QTR SB1186 COLLECTIONS 06/23/2020
B 23-303-90-00 $54.20
$54.20
$6,894.74
77383 06/24/2020 DIVISION OFTHE STATE ARCHITECT 2020 1ST QTR S 2020 1ST QTR SB1186 COLLECTIONS 06/23/2020
01132020 SEWE 01/13/20 DELINQ SEWER COLLECTIONS 06/24/2020
C.6.b
Packet Pg. 102
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 6/30/2020
12122019 SEWER
$54.20
$6,893.74
$137.62
01132020 SEWE 01/13/20 DELINQ SEWER COLLECTIONS 06/24/2020
B 23-303-90-00 $54.20
$230.16
11192018 SEWE 11/19/18 DELINQ SEWER COLLECTIONS 06/24/2020
B 23-303-90-00 $137.62
$387.79
04142017 SEWE 04/14/17 DELINQ SEWER COLLECTIONS 06/24/2020
B 23-303-90-00 $230.16
$545.76
04302019 SEWE 04/30/19 DELINQ SEWER COLLECTIONS 06/24/2020
B 23-303-90-00 $387.79
$604.66
04152019 SEWE 04/15/19 DELINQ SEWER COLLECTIONS 06/24/2020
B 23-303-90-00 $545.76
$604.67
03202020 SEWE 03/20/20 DELINQ SEWER COLLECTIONS 06/24/2020
B 23-303-90-00 $604.66
$617.34
11182019 SEWE 11/18/19 DELINQ SEWER COLLECTIONS 06/24/2020
B 23-303-90-00 $604.67
$799.54
04132018 SEWE 04/13/18 DELINQ SEWER COLLECTIONS 06/24/2020
B 23-303-90-00 $617.34
$1,352.46
12132017 SEWE 12/13/17 DELINQ SEWER COLLECTIONS 06/24/2020
B 23-303-90-00 $799.54
B 23-303-90-00 $1,559.54
$1,559.54
12/12/19 DELINQ SEWER COLLECTIONS 06/24/2020
B 23-303-90-00 $1,352.46
77386 06/25/2020 CITY OF COLTON 04142020 SEWE 04/14/20 DELINQ SEWER COLLECTIONS 06/24/2020
C.6.b
Packet Pg. 103
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 6/30/2020
B 10-017-00-00 $144.00
$144.00
$144.00
R 10-450-01 $50.00
$50.00
$50.00
77392 06/28/2020 CHAMPION FIRE SYSTEMS INC 55396 JUL-SEP MONITORING SVC SMOKE DETECTORS 06/26/2020
E 10-380-250-000-000 $880.00
$880.00
$880.00
77391 06/28/2020 DANIELA CAPACCI DC PRK RESV D REFUND PARK RESERV DEPOSIT 06/27/2020
E 10-140-250-000-000 $259.75
$259.75
$259.75
77390 06/28/2020 BENSON PRODUCTIONS 1490 JUN AUDIO/VISUAL SVCS FOR CITY COUNCIL, P 06/24/2020
B 23-250-20-00 $134.56
$134.56
$467.88
77389 06/28/2020 AVENU MUNISERVICES INV06-009046 MAY2020 BUSINESS LICENSE RENEWALS 05/31/2020
B 23-250-20-00 $166.66
$166.66
D166564 JUN EMPLOYEE CANCER & ACCIDENT INSURAN 06/24/2020
B 23-250-20-00 $166.66
$166.66
2069310 MAY ADJ EMPLOYEE CANCER & ACCIDENT 05/04/2020
B 23-505-75-00 $39,997.00
$39,997.00
$39,997.00
77388 06/28/2020 AMERICAN FIDELITY ASSURANCE C 2072049 JUN ADJ EMPLOYEE CANCER & ACCIDENT 06/04/2020
77387 06/25/2020 GRAND TERRACE 17 LLC REF DEP CREST REFUNDABLE DEPOSIT - CRESTWOOD COMMUN 06/25/2020
C.6.b
Packet Pg. 104
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 6/30/2020
B 10-017-00-00 $596.19
$596.19
$596.19
E 10-172-210-000-000 $212.91
$212.91
$212.91
77397 06/28/2020 DARCY MCNABOE JUL-2020-DM JUL-2020 HEALTH REIMBURSEMENT 06/27/2020
E 10-175-250-000-000 $492.50
$492.50
$16,245.00
77396 06/28/2020 LUIS GARDEA LG UNIFORM RE BLDG & SFTY UNIFORM REIMBURSEMENT 06/25/4020
E 10-175-250-000-000 $2,310.00
$2,310.00
20006-12 URBAN FLOOD PROTECTION PROGRAM GRANT 06/24/2020
E 10-175-250-000-000 $4,085.00
$4,085.00
20005-12 HSIP CYCLE 8 MT VERNON IMPROV PROJECT 05/15/2020
E 10-175-250-000-000 $9,357.50
$9,357.50
20006-10 HSIP CYCLE 8 MT VERNON IMPROV PROJECT 06/10/2020
B 10-022-70-00 $1,001.90
$1,001.90
$2,050.10
77395 06/28/2020 EVAN BROOKS ASSOCIATES 20005-11 URBAN FLOOD PROTECTION PROGRAM GRANT 05/15/2020
B 10-022-70-00 $1,048.20
$1,048.20
1871379 JUL2020 EMPLOYEE PAID DENTAL INSURANCE 06/16/2020
E 10-125-230-000-000 $231.35
$231.35
$231.35
77394 06/28/2020 DENTAL HEALTH SERVICES 1850121 JUN2020 EMPLOYEE PAID DENTAL INSURANCE 05/16/2020
77393 06/28/2020 CITY NEWSPAPER GROUP 32289 ZONING CODE AMEND AD 06/08/2020
C.6.b
Packet Pg. 105
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 6/30/2020
20 - 9
E 16-510-255-000-000 $438.55
$438.55
E 16-510-255-000-000 $1,205.00
$1,205.00
17103373 APR SIGNAL LIGHT ROUTINE BILLING 04/30/2020
E 16-510-255-000-000 $1,437.88
$1,437.88
17103376 MAY SIGNAL LIGHT RESPONSE BILLING 05/31/2020
77402 06/28/2020 ST FRANCIS ELECTRIC 17103377 JUN SIGNAL LIGHT RESPONSE BILLING 06/19/2020
E 10-410-256-000-000 $156,397.81
E 14-411-256-000-000 $8,973.19
$165,371.00
$165,371.00
E 10-110-142-000-000 $144.60
$144.60
$144.60
77401 06/28/2020 SB COUNTY SHERIFF 19646 MAY LAW ENFORCEMENT SERVICES 05/26/2020
77400 06/28/2020 SYLVIA ROBLES JUN2020 SR MED JUN-2020 HEALTH REIMBURSEMENT - SYLVIA R 06/27/2020
E 10-195-245-000-000 $555.00
E 10-450-245-000-000 $1,110.00
$1,665.00
$1,665.00
$159.14
$1,676.84
77399 06/28/2020 MORAN JANITORIAL SERVICES LLC 1713 MAY JANITORIAL SERVICES FOR CITY HALL, RIC 06/01/2020
$626.79
20 - 10 MAY NPDES SERVICES 06/10/2020
E 10-625-220-000-000 $159.14
E 74-175-250-000-000 $890.91
$890.91
APR NPDES SERVICES 05/06/2020
E 10-625-220-000-000 $626.79
77398 06/28/2020 LYNN MERRILL HSIP - 20 - 7 APR HSIP SERVICES 05/12/2020
C.6.b
Packet Pg. 106
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 6/30/2020
E 16-900-220-000-000 $36.26
$36.26
$277.46
E 16-900-220-000-000 $47.95
$47.95
dsb20192756 CA STATE FEE REGULATORY COSTS 06/01/2020
E 16-900-220-000-000 $69.40
$69.40
320200295 APR2020 MONTHLY MAINT FEE 04/01/2020
E 16-900-220-000-000 $123.85
$123.85
520200299 JUN2020 MONTHLY MAINT FEE 06/01/2020
E 10-175-250-000-000 $355.00
$355.00
$3,336.49
77404 06/28/2020 UNDERGROUND SERVICE ALERT 220200304 MAR2020 MONTHLY MAINT FEE 03/01/2020
E 10-175-250-000-000 $702.44
$702.44
2019-97 DEC 2018 -FEB 2019 VISTA DOG PARK SVCS 02/19/2019
E 10-175-250-000-000 $724.95
$724.95
2020-301 PUBLIC WORKS INSPECTIONS- TRACT 18071; PI 06/04/2020
E 10-175-250-000-000 $1,554.10
$1,554.10
2019-1116 PUBLIC WORKS INSPECTIONS, PLAN CHECKS, S 12/26/2019
E 16-510-255-000-000 $222.00
$222.00
$3,303.43
77403 06/28/2020 TKE ENGINEERING INC 2020-300 PUBLIC WORKS INSPECTIONS- 16945 GRAND TE 06/26/2020
17103374 APR SIGNAL LIGHT RESPONSE BILLING 04/30/2020
C.6.b
Packet Pg. 107
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 6/30/2020
159395
E 10-172-250-100-000 $378.00
$378.00
$378.00
77406 06/28/2020 WILLDAN 00416053 23400 WESTWOOD GRADING PLAN MEETING 06/17/2020
E 10-175-245-000-000 $187.24
E 20-100-245-000-000 $106.76
$294.00
$3,990.00
E 10-175-245-000-000 $254.75
E 20-100-245-000-000 $145.25
$400.00
159393 PRUNING - RAVEN WY 02/14/2020
E 10-175-245-000-000 $342.63
E 20-100-245-000-000 $195.37
$538.00
159418 TREE PRUNING - THRUSH ST 02/14/2020
E 20-100-245-000-000 $195.37
$538.00
160175-A CITYWIDE TREE TRIMMING AND TREE REMOVA 04/10/2020
E 10-175-245-000-000 $800.00
$800.00
TREE & STUMP REMOVAL - FREMONTIA AV 02/14/2020
E 10-175-245-000-000 $342.63
E 10-175-245-000-000 $904.35
E 20-100-245-000-000 $515.65
$1,420.00
161328 TREE REMOVAL - RICHARD ROLLINS PARK 06/08/2020
77405 06/28/2020 WEST COAST ARBORISTS INC 160175 CITYWIDE TREE TRIMMING AND TREE REMOVA 04/30/2020
C.6.b
Packet Pg. 108
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Invoice #Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Check Register
CITY OF GRAND TERRACE
As of 6/30/2020
Cynthia A. Fortune, Assistant City Manager
City of Grand Terrace
Total Checks:$561,181.25
IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 37202, I HEREBY CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, THE AFORE
LISTED CHECKS FOR PAYMENT OF CITY LIABILITIES HAVE BEEN AUDITED BY ME AND ARE ACCURATE, NECESSARY AND APPROPRIATE EXPENDITURES
FOR THE OPERATION OF THE CITY. I FURTHER CERTIFY, TO THE BEST OF MY KNOWLEDGE, THAT THE CITY HAS AVAILABLE FUNDS FOR PAYMENT
THEREOF.
E 10-110-142-000-000 $867.60
$867.60
$867.60
77407 06/28/2020 DOUG WILSON JUL20-DEC20-DW JUL20-DEC20-DW HEALTH REIMB 06/26/2020
C.6.b
Packet Pg. 109
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CITY OF GRAND TERRACE
FY2019-20
GRAND TERRACE CIVIC CENTER
22795 BARTON ROAD GRAND TERRACE, CA 92313
MONTHLY CHECK REGISTER
For the Period Ending May 31, 2020
Darcy McNaboe, Mayor
Doug Wilson, Mayor Pro Tem
Sylvia Robles, Council Member
Bill Hussey, Council Member
Jeff Allen, Council Member
The Grand Terrace City Council meets on the Second and Fourth Tuesday of each month at 6:00 pm.
C.6.c
Packet Pg. 110
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Invoice #
E 10-185-255-000-000 $140.00
$140.00
$140.00
E 10-370-265-000-000 $461.00
$461.00
$461.00
77237 05/10/2020 ANIMAL EMERGENCY CLINIC 146145 5/3 AFTER HOURS VETERINARY SERVICES 05/04/2020
E 46-900-328-000-000 $72.50
$72.50
$11,257.65
77236 05/10/2020 AMERICAN PLANNING ASSOCIATION 066264-2045 2020 PLANNING COMMISSIONERS MEMBERSHIP 04/21/2020
E 46-900-328-000-000 $2,101.48
$2,101.48
201587 APR PRESTON T/S MODIFICATION INSPECTION & 04/25/2020
E 46-900-328-000-000 $2,344.94
$2,344.94
195475 DEC PRESTON T/S MODIFICATION INSPECTION & 12/28/2019
E 46-900-328-000-000 $6,738.73
$6,738.73
200959 MAR PRESTON T/S MODIFICATION INSPECTION & 03/28/2020
E 10-805-245-000-000 $160.83
$160.83
$160.83
77235 05/10/2020 ALBERT A WEBB ASSOCIATES 200463 FEB PRESTON T/S MODIFICATION INSPECTION & 02/22/2020
E 10-195-257-000-000 $279.00
$279.00
$675.39
77234 05/10/2020 ADT SECURITY SERVICES 756194204 4TH QTR SENIOR CENTER SECURITY MONITORIN 03/27/2020
Check Register
CITY OF GRAND TERRACE
As of 5/31/2020
E 10-195-257-000-000 $396.39
$396.39
1827689 TROUBLESHOOT AC UNIT 03/11/2020
Inv. Date Amount Paid Check Total
77233 05/10/2020 ACCO ENGINEERED SYSTEMS 1829819 TROUBLE SHOOT BOILER 03/25/2020
Check #Date Vendor Invoice Description
C.6.c
Packet Pg. 111
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2020
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
E 10-195-245-000-000 $130.22
$130.22
$275.93
E 10-195-245-000-000 $145.71
$145.71
TL0000015187 FEB20 TRAFFIC SIGNAL LIGHT MONITORING - SL 03/17/2020
E 10-175-250-000-000 $337.50
$337.50
$5,438.74
77243 05/10/2020 COUNTY OF RIVERSIDE TLMA ADM TL0000015118 JAN20 TRAFFIC SIGNAL LIGHT MONITORING - SL 02/10/2020
E 16-900-254-000-000 $5,101.24
$5,101.24
96086 DEC SPECIAL SERVICE 12/12/2019
E 47-400-250-001-000 $2,650.31
$2,650.31
$2,650.31
77242 05/10/2020 CLEAN STREET 97076 APR STREET SWEEPING SERVICES 04/30/2020
E 10-190-226-000-000 $32.00
$32.00
$32.00
77241 05/10/2020 CITY OF COLTON 1 PRELIM ENGINEERING-BRIDGE REPL PROJ 10/23/2019
E 10-120-250-000-000 $1,100.00
$1,100.00
$1,100.00
77240 05/10/2020 CA STATE DEPT OF JUSTICE 437827 FEB 2020 FINGERPRINTING SERVICES 03/03/2020
E 10-140-250-000-000 $360.90
$360.90
$360.90
77239 05/10/2020 BENSON PRODUCTIONS 1446 APR 2020 AUDIO/VISUAL SVCS FOR CITY COUNC 05/03/2020
77238 05/10/2020 AVENU MUNISERVICES INV06-008773 APR 2020 BUSINESS LICENSE RENEWAL 04/30/2020
C.6.c
Packet Pg. 112
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2020
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
E 10-195-246-000-000 $21.68
$21.68
E 10-450-245-000-000 $105.23
$105.23
$214.79
77249 05/10/2020 GRAINGER 9430376583 UNVRSL THERMOSTAT GUARD FOR CITY HALL 01/31/2020
E 10-450-245-000-000 $109.56
$109.56
92139474 BUILDING AND MAINT. SUPPLIES 04/23/2020
E 10-195-246-000-000 $538.21
$538.21
$538.21
77248 05/10/2020 FRUIT GROWERS SUPPLY 92141744 WEED KILLER SPRAY GUN 04/30/2020
E 10-125-210-000-000 $47.89
$47.89
$47.89
77247 05/10/2020 FIREMASTER 0000735277 FIRE EXTINGUISHER MAINTENANCE 02/28/2020
E 22-425-312-000-000 $980.71
$980.71
$1,988.86
77246 05/10/2020 FEDEX 6-994-21985 APR EXPRESS MAILING SERVICE 04/24/2020
E 22-425-312-000-000 $1,008.15
$1,008.15
02-2020-6828 FEB20 CDBG SR CNTR COORDINATOR 03/11/2020
E 26-601-255-000-000 $80.00
$3,645.00
$3,645.00
77245 05/10/2020 FAMILY SERVICES ASSOCIATION 01-2020-0002 JAN20 CDBG SR CENTER COORDINATOR 02/25/2020
E 10-195-245-000-000 $200.00
E 10-450-255-000-000 $3,215.00
E 26-600-255-000-000 $150.00
77244 05/10/2020 EZ SUNNYDAY LANDSCAPE 19534 MAR20 LAWN SERVICE MAINTENANCE 03/18/2020
C.6.c
Packet Pg. 113
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2020
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
9428903968
E 10-955-800-108-000 $5,505.00
$5,505.00
$5,505.00
E 45-900-325-010-000 $510.00
$510.00
$20,250.00
77252 05/10/2020 KTUA 31947 MAR20 MICHIGAN WALKABLE STREET PLAN 04/15/2020
E 45-900-326-020-000 $1,232.50
$1,232.50
52398 JUN19 - JUL19 COMMERCE WAY REAL ESTATE S 08/27/2019
E 45-900-325-010-000 $2,477.50
$2,477.50
51805 JUL 2019 COMMERCE WAY CONSTRUCTION MGM 08/08/2019
E 10-175-250-000-000 $2,616.25
$2,616.25
50265 MAY 2019 COMMERCE WAY REAL ESTATE SRVS 06/10/2019
E 45-900-325-010-000 $13,413.75
$13,413.75
57175 JAN ON-CALL CONSTRUCTION MGMT SRVCS 02/12/2020
E 49-473-700-000-000 $600.00
$600.00
$600.00
77251 05/10/2020 INTERWEST CONSULTING GROUP 55478 AUG-NOV COMMERCE WAY REAL ESTATE SRVCS 12/10/2019
$21.24
$42.92
77250 05/10/2020 HIRSCH AND ASSOCIATES INC JOB#1917, PB #7 MAR 2020 CONSULTING SVCS- BLUE MOUNTAIN 03/31/2020
UNVRSL THERMOSTAT GUARD FOR CITY HALL 01/30/2020
E 10-195-246-000-000 $21.24
C.6.c
Packet Pg. 114
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2020
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
E 10-370-210-000-000 $145.12
$145.12
77257 05/10/2020 OFFICE DEPOT 474167244001 OFFICE SUPPLIES - PLANNING 04/09/2020
E 10-195-245-000-000 $555.00
E 10-450-245-000-000 $860.00
$1,415.00
$1,415.00
$269.95
$269.95
77256 05/10/2020 MORAN JANITORIAL SERVICES LLC 1700 APR JANITORIAL SERVICES FOR CITY HALL, RICH 05/01/2020
B 10-022-68-00 $223.16
E 10-110-140-000-000 $15.49
E 10-140-140-000-000 $31.30
E 74-175-250-000-000 $1,312.92
$1,312.92
$1,312.92
77255 05/10/2020 MIDAMERICA ADMIN RETIREMENT PAYDATE 04/23/ RETIREMENT CONTRIBUTIONS FOR PAY DATE 04 04/23/2020
E 74-175-142-000-000 $2.47
$1,028.85
$1,028.85
77254 05/10/2020 LYNN MERRILL HSIP-20-6 MAR20 HSIP GUARDRAIL UPGRADE 04/02/2020
E 16-175-142-000-000 $24.54
E 52-400-142-000-000 $1.31
E 65-425-142-000-000 $3.80
E 10-185-142-000-000 $14.89
E 10-370-142-000-000 $22.79
E 10-450-142-000-000 $9.81
E 10-140-142-000-000 $8.82
E 10-172-142-000-000 $6.32
E 10-175-142-000-000 $29.52
B 10-022-66-00 $823.96
E 10-120-142-000-000 $66.11
E 10-125-142-000-000 $14.51
77253 05/10/2020 LINCOLN NATIONAL LIFE INSURANC LCLN MAY 2020 MAY 2020 LIFE/AD&D/DEP LIFE/WI/LTD 04/09/2020
C.6.c
Packet Pg. 115
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2020
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
474891245001
E 10-450-245-000-000 $820.80
$820.80
E 10-450-245-000-000 $1,010.00
$1,010.00
$1,010.00
77262 05/10/2020 SITEONE LANDSCAPE SUPPLY 97269998-001 PARK IRRIGATION SUPPLIES 02/14/2020
E 10-187-257-000-000 $6,236.62
$6,236.62
$6,236.62
77261 05/10/2020 SECURITY LINES US 1655 ROUTER UPGRADES FOR 2 PARKS 04/29/2020
E 10-195-247-000-000 $204.05
$204.05
$542.72
77260 05/10/2020 S B COUNTY LAND USE SERVICES 10-809-10 2019-20 FIRE HAZARD ABATEMENT SVCS 04/13/2020
E 10-195-247-000-000 $338.67
$338.67
133385056 APR-JUN20 ALARM MONITORING SVCS - ANNEX B 03/09/2020
B 23-510-33-00 $873.00
$873.00
$873.00
77259 05/10/2020 PROTECTION ONE 133385055 APR-JUN20 ALARM MONITORING SVCS - CITY HA 03/09/2020
E 10-190-210-000-000 $32.51
$32.51
$289.66
77258 05/10/2020 PIZZA PLUS PROPERTIES INC REF DEP PIZZA REFUNDABLE DEPOSIT FOR BUILDING PLAN REV 03/27/2020
E 10-125-210-000-000 $10.78
E 10-190-210-000-000 $71.87
$112.03
478316489001 KITCHEN SUPPLIES 04/17/2020
OFFICE SUPPLIES- CITY HALL, CITY CLERK, CITY 04/10/2020
E 10-120-210-000-000 $29.38
C.6.c
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2020
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
97163738-001
E 62-120-220-000-000 $677.71
$677.71
$677.71
E 10-190-238-000-000 $91.91
$91.91
$91.91
77264 05/10/2020 SUNBELT RENTALS INC 97411444-0001 LIFT RENTAL FOR 2019 LIGHT UP GT EVENT 01/08/2020
E 10-450-245-000-000 $79.92
$79.92
$2,039.38
77263 05/10/2020 SO CA GAS COMPANY 04172020 SOCAL MAR20 NATURAL GAS USAGE 04/17/2020
E 10-195-245-000-000 $96.34
$96.34
97206674-001 PARK IRRIGATION SUPPLIES 02/11/2020
E 10-195-245-000-000 $122.83
$122.83
97346073-001 CITY HALL IRRIGATION SUPPLIES 02/19/2020
E 10-450-245-000-000 $140.41
$140.41
97370199-001 PARK IRRIGATION SUPPLIES 02/20/2020
E 10-450-245-000-000 $149.27
$149.27
97281244-001 PARK IRRIGATION SUPPLIES 02/14/2020
E 10-450-245-000-000 $77.39
$240.12
97446148-001 PARK IRRIGATION SUPPLIES 02/25/2020
E 10-450-245-000-000 $389.69
$389.69
PARK IRRIGATION SUPPLIES 02/07/2020
E 10-195-245-000-000 $162.73
97418500-001 PARK IRRIGATION SUPPLIES 02/24/2020
C.6.c
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2020
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
E 16-900-229-000-000 $156.60
$156.60
E 16-900-229-000-000 $296.44
$296.44
599863 TRAFFIC SUPPLIES & STREET SIGNS FY2019-20 02/14/2020
E 10-805-238-000-000 $26.63
$26.63
$1,199.43
77267 05/10/2020 TRAFFIC MANAGEMENT INC 610503 TRAFFIC SUPPLIES & STREET SIGNS 03/20/2020
E 10-805-238-000-000 $77.20
$77.20
0156711042520 APR-MAY SR CENTER CLUB HOUSE TV 04/25/2020
E 10-190-238-000-000 $105.73
$105.73
01576711032520 MAR-APR 2020 SR CENTER CABLE 03/25/2020
E 10-190-238-000-000 $114.98
$114.98
0197046031620 MAR-APR 2020 CITY HALL CABLE 03/16/2020
E 10-805-238-000-000 $251.73
$251.73
0228510042520 APR-MAY 2020 CITY HALL CABLE 04/25/2020
E 10-805-238-000-000 $278.22
$278.22
0153825032320 MAR-APR 2020 SR CENTER INTERNET 03/23/2020
E 10-190-238-000-000 $344.94
$344.94
0007245030720 MAR-APR 2020 SR CENTER INTERNET BLDG3 03/07/2020
E 66-466-250-000-000 $937.23
$937.23
$937.23
77266 05/10/2020 TIME WARNER CABLE 0228510032520 MAR-APR 2020 CITY HALL INTERNET 03/25/2020
77265 05/10/2020 THE ECHO SHOW LLC 1418 ECOHERO SHOW PERFORMANCES AT GT ELEM 01/31/2020
C.6.c
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2020
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
E 10-190-212-000-000 $322.19
$322.19
$673.79
E 10-190-212-000-000 $351.60
$351.60
099417880 JAN20 COPIER LEASE RENTAL & IMPRINTS 02/01/2020
E 20-100-245-000-000 $294.00
$294.00
$16,630.00
77271 05/10/2020 XEROX CORPORATION 099417881 JAN20 COPIER LEASE RENTAL & IMPRINTS 02/01/2020
E 10-175-245-000-000 $240.00
E 62-120-250-000-000 $640.00
$880.00
157937 FEB20 TREE MAINTENANCE 02/29/2020
E 20-100-245-000-000 $15,456.00
$15,456.00
157226 JAN20 TREE MAINTENANCE 01/31/2020
E 10-190-235-000-000 $190.05
$190.05
$190.05
77270 05/10/2020 WEST COAST ARBORISTS INC 158978 CITYWIDE TREE TRIMMING AND TREE REMOVAL 03/31/2020
E 16-900-220-000-000 $36.26
$36.26
$133.71
77269 05/10/2020 VERIZON WIRELESS 9851186577 FEB-MAR20 APLR CARD LINE SERVICE 03/23/2020
E 16-900-220-000-000 $97.45
$97.45
dsb20192123 2019 CA STATE FEE FOR REGULATORY COSTS 05/01/2020
E 16-900-229-000-000 $139.20
$139.20
$592.24
77268 05/10/2020 UNDERGROUND SERVICE ALERT 420200296 UNDERGROUND TICKET NOTIFICATIONS 05/01/2020
620960 GENERAL TRAFFIC MANAGEMENT SUPPLIES & S 05/06/2020
C.6.c
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2020
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
E 10-955-800-106-000 $2,406.00
$2,406.00
$2,406.00
E 10-140-250-000-000 $2,025.00
$2,025.00
$2,025.00
77278 05/17/2020 KTUA 31690 DEC 19 BARTON ROAD STREETSCAPE PLAN 01/14/2020
E 10-190-220-000-000 $50.00
$50.00
$50.00
77277 05/17/2020 HDL COREN CONE 0027998-IN APR-JUN PROPERTY TAX SERVICES 04/23/2020
E 22-425-312-000-000 $1,151.65
$1,151.65
$1,151.65
77276 05/17/2020 FOX OCCUPATIONAL MEDICAL CTR 117879 DOT EXAM J GUIDO 04242020 05/01/2020
E 45-900-326-020-000 $2,000.00
$2,000.00
$2,000.00
77275 05/17/2020 FAMILY SERVICES ASSOCIATION 03-2020-006 3RD QTR CDBG SR CENTER PROGRAMS 04/10/2020
E 10-808-235-000-000 $323.73
$2,073.11
$2,073.11
77274 05/17/2020 COUNTY OF SB FLOOD CONTROL P-22019008 2020 PLAN CHECKS/ REVIEW FEE DEPOSIT 04/27/2020
E 10-190-235-000-000 $1,120.81
E 10-450-235-000-000 $219.81
E 10-805-235-000-000 $408.76
E 10-185-255-000-000 $70.00
$70.00
$70.00
77273 05/17/2020 AT AND T MAY 2020 AT&T MAY 2020 AT&T 05/01/2020
77272 05/17/2020 ANIMAL EMERGENCY CLINIC GrT0420 4/19 AFTER HOURS VETERINARY SERVICES 05/01/2020
C.6.c
Packet Pg. 120
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2020
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
472756375001
$9,523.92
$9,523.92
E 26-601-238-000-000 $47.68
E 26-602-238-000-000 $66.01
E 26-603-238-000-000 $11.00
E 10-450-238-000-000 $866.46
E 16-510-238-000-000 $5,673.20
E 26-600-238-000-000 $58.67
E 10-172-238-000-000 $60.83
E 10-175-238-000-000 $60.83
E 10-190-238-000-000 $2,679.24
77282 05/17/2020 SO CA EDISON COMPANY APR 2020 EDISO APR 2020 ENERGY USAGE 05/01/2020
E 10-410-256-000-000 $156,397.81
E 14-411-256-000-000 $8,973.19
$165,371.00
$165,371.00
E 10-380-250-000-000 $792.00
$792.00
$6,227.00
77281 05/17/2020 SB COUNTY SHERIFF 19490 APR MONTHLY LAW ENFORCEMENT SVCS 04/28/2020
E 10-380-250-000-000 $5,435.00
$5,435.00
54001075 APR INFO TECH AFTER HOURS SVCS 05/15/2020
$77.24
$333.87
77280 05/17/2020 ON SITE COMPUTING 54001053 JUNE INFO TECH SERVICES 05/01/2020
E 10-190-210-000-000 $77.83
$77.83
TONER, HP 756589 04/07/2020
E 10-190-210-000-000 $77.24
E 10-175-210-000-000 $178.80
$178.80
470561227001 TONER 410A BLACK 04/03/2020
77279 05/17/2020 OFFICE DEPOT 488347412001 TOILET TISSUE, SEAT COVERS 05/06/2020
C.6.c
Packet Pg. 121
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2020
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
$1,250.86
E 10-175-235-000-000 $625.73
E 10-185-235-000-000 $246.65
E 16-510-236-000-000 $378.48
E 32-200-250-000-000 $1,250.00
$1,250.00
$1,250.00
77288 05/17/2020 VERIZON WIRELESS 9853608123 APR2020-MAY2020 MONTHLY PHONE CHARGES 05/01/2020
E 10-805-238-000-000 $278.22
$278.22
$560.61
77287 05/17/2020 URBAN FUTURES INCORPORATED CD-2020-30 CONTINUING DISCLOSUE-TABS 2011A&B 04/29/2020
E 10-805-238-000-000 $282.39
$282.39
0007245040720 SR CTR CABLE INTERNET BLDG 3 APR-MAY 04/07/2020
77286 05/17/2020 TIME WARNER CABLE 0007245050720 SR CTR CABLE INTERNET BLDG 3 MAY-JUN 05/07/2020
E 10-190-238-000-000 $131.67
E 10-805-238-000-000 $30.87
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$162.54
E 10-195-245-000-000 $12.87
$12.87
$12.87
77285 05/17/2020 SPARKLETTS 9637116 050120 APR 2020 BOTTLED WATER SERVICES FOR CITY 05/01/2020
77284 05/17/2020 SO CAL LOCKSMITH 46748 KEYS FOR CITY HALL 04/24/2020
E 10-190-238-000-000 $540.12
E 10-805-238-000-000 $144.56
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77283 05/17/2020 SO CA GAS COMPANY APR20 SOCALGA APR-MAY 2020 NATURAL GAS USAGE 05/06/2020
C.6.c
Packet Pg. 122
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2020
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
002-22246
E 10-190-212-000-000 $322.19
$322.19
$675.89
E 10-190-212-000-000 $353.70
$353.70
010223294 APR COPIER LEASE RENTAL& IMPRINTS 05/01/2020
$126.00
$5,417.50
77290 05/17/2020 XEROX CORPORATION 010223295 APR COPIER LEASE RENTAL & IMPRINTS 05/01/2020
$126.00
00415939 INSPECTION SVCS-10240 LA CADENA 04/24/2020
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00415938 INSPECTION SVCS- PARCEL MAP 16945 04/24/2020
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00415936 INSPECTION SVCS- 23115 PALM 04/24/2020
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00415937 INSPECTION SVCS- TRACT 18071 04/24/2020
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00415935 3/13/20 CONSTRUCTION INSPECTION 04/24/2020
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77289 05/17/2020 WILLDAN 002-22245 JAN 2020 PLAN REVIEW & INSP SVCS 02/06/2020
9853254482 MAR-APR 2020 APLR CARD LINE SERVICE 04/23/2020
E 10-190-235-000-000 $190.05
C.6.c
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2020
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
56541
$478.88
$29,545.19
$582.68
56536 MAR 2020 LEGAL SERVICES 04/27/2020
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$1,043.50
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$3,132.63
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56535 MAR 2020 LEGAL SERVICES 04/27/2020
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56020 FEB 2020 LEGAL SERVICES 03/19/2020
77291 05/24/2020 ALESHIRE AND WYNDER LLP 56534 MAR 2020 LEGAL SERVICES 04/27/2020
C.6.c
Packet Pg. 124
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2020
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
E 10-125-230-000-000 $81.59
$81.59
$1,113.44
E 10-125-230-000-000 $106.45
$106.45
32149 ORDINANCE NO. 331 1ST READING 05/01/2020
E 10-175-230-000-000 $231.35
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32111 ORDINANCE NO. 330 1ST READING 04/20/2020
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32056 NOTICE INVITING BIDS- MT. VERNON SAFETY 03/20/2020
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32018 NOTICE INVITING BIDS- MT. VERNON SAFETY 03/12/2020
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32138 AD- HEARING NOTICE FIRE CODE DRAFT 04/30/2020
E 90-175-240-000-000 NO PARKING SIGNS $28.75
$4,717.72
$4,717.72
77293 05/24/2020 CITY NEWSPAPER GROUP 32134 PUBLIC HEARING NOTICE DISPLAY AD 04/27/2020
E 10-450-245-000-000 PARK SUPPLIES $374.80
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77292 05/24/2020 ARROWHEAD CREDIT UNION APR 2020 VISA APR 2020 VISA CHARGES 05/02/2020
C.6.c
Packet Pg. 125
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2020
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
E 10-955-800-106-000 $6,250.00
$6,250.00
$6,250.00
77299 05/24/2020 KTUA 31296 JUL 19 BARTON ROAD STREETSCAPE PLAN 08/08/2019
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E 10-450-245-000-000 $29.53
$288.38
$288.38
E 10-450-245-000-000 $85.41
$85.41
$214.66
77298 05/24/2020 HOME DEPOT CREDIT SERVICE 20684 SUPPLIES FOR CITY HALL, PARKS, SR CNTR 03/27/2020
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$129.25
92144937 PEST SUPER DYE BLUE, COVERALL, PEST NO FO 05/12/2020
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$650.00
$2,025.00
77297 05/24/2020 FRUIT GROWERS SUPPLY 92145441 SPRAYER BACKPACK 05/13/2020
B 95-309-30-00 $1,375.00
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19356 GENERAL CLEAN-UP/ WEED ABATEMNT 02/18/2020
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$152.94
77296 05/24/2020 EZ SUNNYDAY LANDSCAPE 19187 DOG PARK LANDSCAPE SERVICES 01/29/2020
E 10-185-255-000-000 $2,256.00
$2,256.00
$2,256.00
77295 05/24/2020 COUNTY OF RIVERSIDE TLMA ADM TL0000015293 APR 2020 T/S LIGHTS MONITORING 05/15/2020
77294 05/24/2020 COUNTY OF RIVERSIDE AN0000001954 APR 2020 ANIMAL SHELTERING SVCS 05/18/2020
C.6.c
Packet Pg. 126
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2020
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
488361137001
E 10-187-258-000-000 $4,516.24
$4,516.24
$4,516.24
E 10-110-142-000-000 $144.60
$144.60
$144.60
77304 05/24/2020 SAN BERNARDINO COUNTY FIRE DE GT420cc APR-JUN2020 HAZARDOUS WASTE SERVICE 04/01/2020
B 10-017-00-00 $12,386.71
$12,386.71
$12,386.71
77303 05/24/2020 SYLVIA ROBLES APR-2020-SR-2 APR 2020 HEALTH REIMBURSEMENT2 05/20/2020
$45.61
$475.85
77302 05/24/2020 PROGRESSIVE SOLUTIONS 3587 FY2020-21 SOFTWARE MAINTENANCE 03/27/2020
E 10-370-210-000-000 $57.15
$57.15
KLEENEX FACIAL TISSUE 05/06/2020
E 10-175-210-000-000 $45.61
E 10-190-210-000-000 $113.11
$113.11
439012979001 VARIOUS OFFICE SUPPLIES 02/06/2020
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489459056001 COPY PAPER 05/08/2020
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429253099001 VARIOUS OFFICE SUPPLIES 01/15/2020
E 10-625-220-000-000 $570.86
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$570.86
77301 05/24/2020 OFFICE DEPOT 484125371001 VARIOUS OFFICE SUPPLIES 04/28/2020
77300 05/24/2020 LYNN MERRILL 20-8 MAR NPDES SERVICES 04/06/2020
C.6.c
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2020
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
E 10-110-142-000-000 $596.19
$596.19
$1,788.57
E 10-110-142-000-000 $596.19
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E 10-110-142-000-000 $269.42
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77309 05/28/2020 DARCY MCNABOE APR-2020-DM APR-2020 HEALTH REIMBURSEMENT 04/01/2020
E 10-185-250-000-000 $4,290.00
$4,290.00
$9,230.00
77308 05/28/2020 WILLIAM HUSSEY MAY-2020-BH MAY-2020 HEALTH REIMBURSEMENT 05/19/2020
E 10-185-250-000-000 $4,940.00
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00222526 MAR 2020 CODE ENFORCEMENT OFFICER 04/10/2020
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77307 05/24/2020 WILLDAN 00222284 JAN 2020 CODE ENFORCEMENT OFFICER 02/17/2020
E 10-450-245-000-000 $24.66
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77306 05/24/2020 TKE ENGINEERING INC 2019-1226 TRACT 18071 INSPECTION FEES 03/10/2020
E 10-450-245-000-000 $95.83
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99511188-001 LESCO BASE FERTILIZER 05/12/2020
77305 05/24/2020 SITEONE LANDSCAPE SUPPLY 99558855-001 LESCO TRACKER SPF SPRAY INDICATOR DYE GR 05/13/2020
C.6.c
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2020
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
E 10-120-250-000-000 $3,947.96
$3,947.96
$3,947.96
E 26-601-255-000-000 $80.00
$3,645.00
$3,645.00
77315 05/31/2020 FORRESTER RESEARCH INC FRUS224388 REAL TIME CUSTOMER SATISFACTION SOLUTION 03/30/2020
E 10-195-245-000-000 $200.00
E 10-450-255-000-000 $3,215.00
E 26-600-255-000-000 $150.00
R 10-200-07 $155.00
$155.00
$155.00
77314 05/31/2020 EZ SUNNYDAY LANDSCAPE 19886 MAY 2020 LAWN MAINTENANCE 05/25/2020
E 10-125-230-000-000 $81.59
$81.59
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77313 05/31/2020 ARMANDO ESCOBEDO SGN20-02 REFUND SIGN PERMIT SGN20-02/ 22488 NARTON 05/11/2020
E 10-125-230-000-000 $106.45
$106.45
32204 ORDINANCE NO 331 2ND READING 05/18/2020
E 46-900-327-000-000 $5,409.00
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77312 05/31/2020 CITY NEWSPAPER GROUP 32203 ORDINANCE 330 2ND READING 05/18/2020
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77311 05/28/2020 TSR CONSTRUCTION AND INSPECTI #2/PARTIAL-A PRESTON SIGNAL CONSTRUCTION 05/28/2020
77310 05/28/2020 ANDY PEREZ 29 PURCH & INSTALLATION OF PLEXIGLASS GUARD 05/27/2020
C.6.c
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2020
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
E 10-370-250-120-000 $625.00
$625.00
$8,917.50
E 10-370-250-120-000 $8,292.50
$8,292.50
0064280 APR 2020 ON-CALL PLANNING SVCS FOR EDWIN 05/17/2020
E 74-175-142-000-000 $2.47
$1,096.89
$1,096.89
77319 05/31/2020 MOORE IACOFANO GOLTSMAN INC 0064302 APR 2020 IS/MND EDWIN RENEWABLE FUELS 05/18/2020
E 16-175-142-000-000 $24.54
E 52-400-142-000-000 $1.31
E 65-425-142-000-000 $3.80
E 10-185-142-000-000 $27.97
E 10-370-142-000-000 $22.79
E 10-450-142-000-000 $9.81
E 10-140-142-000-000 $8.82
E 10-172-142-000-000 $6.32
E 10-175-142-000-000 $29.52
B 10-022-66-00 $878.92
E 10-120-142-000-000 $66.11
E 10-125-142-000-000 $14.51
E 45-900-326-020-000 $60.00
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77318 05/31/2020 LINCOLN NATIONAL LIFE INSURANC LCLN JUN 2020 JUN 2020 LIFE/AD&D/DEP LIFE/WI/LTD 06/01/2020
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55740 NOV 2019 COMMERCE WAY CONSTRUCTION MG 12/17/2019
E 10-450-246-000-000 $79.00
$79.00
$79.00
77317 05/31/2020 INTERWEST CONSULTING GROUP 56213 DEC PICO DRAINAGE STUDY REVIEW 01/10/2020
77316 05/31/2020 HOSE MAN INC 6218235-0001-06 MAINTENANCE SUPPLIES 04/30/2020
C.6.c
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CITY OF GRAND TERRACE
As of 5/31/2020
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
E 16-900-220-000-000 $74.35
$74.35
E 16-900-220-000-000 $76.00
$76.00
122019293 JAN20 MONTHLY MAINTENANCE FEE 01/01/2020
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$295.00
$295.00
77325 05/31/2020 UNDERGROUND SERVICE ALERT 120200302 FEB20 MONTHLY MAINTENANCE FEE 02/01/2020
E 10-190-238-000-000 $78.00
$78.00
$78.00
77324 05/31/2020 TKE ENGINEERING INC 2019-390 MT VERNON AND BARTON SIGNAL 05/23/2019
E 10-450-245-000-000 $66.61
$66.61
$66.61
77323 05/31/2020 SPARKLETTS 16179154 050920 MAY 2020 WATER FILTRATION SYSTEM RENTAL 05/09/2020
E 90-120-250-000-000 $300.00
$300.00
$300.00
77322 05/31/2020 SITEONE LANDSCAPE SUPPLY 99895114-001 HUNTER PRO SPRAY AND MP ROTATOR NOZZLE 05/22/2020
E 10-185-210-000-000 $2.14
$2.14
$123.23
77321 05/31/2020 ANDY PEREZ 32 COUNTER SNEEZE GUARD INSTALLATION 05/31/2020
E 10-190-210-000-000 $53.29
$53.29
495875147001 BLACK MARKER 05/19/2020
E 10-140-210-000-000 $67.80
$67.80
495868962001 TOILET SEAT COVERS AND BATH TISSUE 05/19/2020
77320 05/31/2020 OFFICE DEPOT 493201060001 THERMAL ROLLS, PENS, AND STAMP 05/15/2020
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2020
Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description
Cynthia A. Fortune, Assistant City Manager
City of Grand Terrace
Total Checks:$403,033.41
IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 37202, I HEREBY CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, THE AFORE
LISTED CHECKS FOR PAYMENT OF CITY LIABILITIES HAVE BEEN AUDITED BY ME AND ARE ACCURATE, NECESSARY AND APPROPRIATE EXPENDITURES
FOR THE OPERATION OF THE CITY. I FURTHER CERTIFY, TO THE BEST OF MY KNOWLEDGE, THAT THE CITY HAS AVAILABLE FUNDS FOR PAYMENT
THEREOF.
E 10-175-272-000-000 $1,595.00
$1,595.00
$1,595.00
E 10-190-220-000-000 $600.00
$600.00
$600.00
65306012 05/12/2020 WEX BANK 65306012 APR-MAY20 VEH FUEL CHEVRON 05/12/2020
E 10-172-250-100-000 $1,112.50
$1,112.50
$3,420.00
15878670 05/19/2020 PUBLIC EMPLOYEES RETIREMENT 05192020 PERS CALPERS REPORTING FEES 05/19/2020
E 10-185-250-000-000 $2,307.50
$2,307.50
002-22670 APR 2020 PLAN CHECK AND REVIEW SVCS 05/07/2020
E 16-900-220-000-000 $36.26
$36.26
$186.61
77326 05/31/2020 WILLDAN 00222689 APR CODE ENFORCEMENT OFFICER 05/15/2020
dsb20190223 FEB20 CA STATE REGULATORY FEE 02/01/2020
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AGENDA REPORT
MEETING DATE: July 14, 2020 Council Item
TITLE: Adopt a Resolution Adopting Vehicle Miles Traveled
Thresholds for Analysis of Traffic Impacts Under the
California Environmental Quality Act
PRESENTED BY: Steven Weiss, Planning & Development Services Director
RECOMMENDATION: Adopt A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GRAND TERRACE ADOPTING “VEHICLE
MILES TRAVELED” THRESHOLDS OF SIGNIFICANCE
FOR PURPOSES OF ANALYZING TRANSPORTATION
IMPACTS UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
2030 VISION GOAL STATEMENT:
This staff report supports Goal #4 “Develop and Implement Successful Partnerships,
Work Collaboratively with Private and Public Sector Agencies to Facilitate the Delivery of
Services benefitting Our Community, Work with Local, Regional and State Agencies to
Secure Funding for Programs and Projects”
BACKGROUND:
At its regular meeting on June 23rd, 2020, the City Council conducted a Vehicle Miles
Traveled (VMT) Workshop to explain VMT and how this will be implemented as required
by the California Environmental Quality Act (CEQA).
Senate Bill 743 changes the focus of transportation impact analysis in CEQA
documents (e.g. Environmental Impact Reports), replacing Level of Service (LOS) with
VMT and providing streamlined review of land use and transportation projects that will
help reduce future VMT growth. This shift in transportation impact focus is expected to
better align transportation impact analysis and mitigation outcomes with the State’s
goals to reduce greenhouse gas (GHG) emissions, encourage infill development, and
improve public health through more active transportation like walking and biking.
State law requires that all local agencies utilize VMT as their metric for transportation
impacts under CEQA beginning July 1, 2020.
VMT measures the number of vehicles (trips) multiplied by the distance they travel (trip
lengths). We routinely analyze VMT for air quality and greenhouse gas impact analysis.
SB 743 adds VMT to the transportation impact analysis of CEQA documents.
<https://www.youtube.com/watch?v=UE4TJItVdJ8>
Transportation impacts under CEQA will now focus on increases in vehicle trips and trip
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lengths, rather than delay and capacity at intersections.
The City can still require developments to complete a Traffic Study which includes LOS
assessment to ensure adequate infrastructure is improved through conditions of
approval, but it will no longer be required under CEQA.
To evaluate impacts, the City should adopt a local threshold of significance (standard to
be measured against). The City has participated in the multi-jurisdiction SBCTA (San
Bernardino County Transportation Authority) VMT implementation pathway study to
identify the most appropriate threshold for the City to use under the new requirements.
DISCUSSION:
CEQA is California’s most comprehensive environmental law. Generally, it requires
public agencies to evaluate the environmental effects of a project before action is taken.
CEQA also aims to prevent significant environmental effects from occurring as a result
of agency actions by requiring agencies to avoid or reduce, when feasible, the
significant environmental impacts of their decisions.
On December 28, 2018, the Office of Administrative Law approved a comprehensive
update to the state CEQA Guidelines which also included implementation metrics for
VMT. Since VMT is a new method in analyzing transportation impacts, a work study
session was held with the Planning Commission to gather input. Following the meeting,
the CEQA guidelines were revised to include thresholds specific to Grand Terrace. Staff
is proposing the City Council adopt the Vehicle Miles Traveled thresholds and include
them as part of the Local CEQA Guidelines.
Vehicle Miles Traveled Thresholds
VMT is the new metric for transportation analysis which focuses on the overall miles
traveled by vehicles within a region, resulting in automobile delay (Level of Service -
LOS) that is no longer used as criteria for determining a significant environmental effect
under CEQA. This approach has an added inherent emphasis on reducing greenhouse
gas emissions. All cities in the State of California are required to adopt new VMT
thresholds through a public hearing process by July 1, 2020. Therefore, Fehr & Peers,
an expert firm in VMT analysis, assisted in review and development of appropriate VMT
thresholds for Grand Terrace to be fully compliant with CEQA law.
City staff participated in a collaborative study led by SBCTA which evaluated the tools,
thresholds, and mitigation options appropriate for the San Bernardino County region.
Staff attended workshops on October 23, 2020, February 3, 2020, and March 30, 2020
on VMT. Vehicle Miles Traveled thresholds for Grand Terrace have been incorporated
within the draft Local CEQA Guidelines.
In the recommendations provided by SBCTA, four (4) VMT methodologies may be used
for the purpose of VMT analysis. The methodologies recommended by SBCTA are
based on the guidelines set by the Governor’s Office of Planning and Research (OPR),
Southern California Association of Governments (SCAG), and California Air Resource
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Board (CARB). The four methodologies are as follows and fully discussed in the City of
Grand Terrace’s Vehicle Miles Travelled (VMT) Guidelines attached as Exhibit B:
1. Rely on the OPR Technical Advisory Thresholds (15% reduction below existing
baseline conditions).
2. Set Thresholds Consistent with Lead Agency Air Quality, GHG Reduction, and
Energy Conservation Goals.
3. Set Thresholds Consistent with RTP/SCS Future Year VMT Projections by
Jurisdiction or Sub-Region.
4. Set Thresholds Based on Baseline VMT Performance.
As a result, automobile delay, as measured by LOS, generally no longer constitutes a
significant environmental effect under CEQA. Adopting VMT thresholds however, does
not preclude the City from using LOS analysis to comply with Congestion Management
Plan requirements or to conduct project specific transportation analysis.
City of Grand Terrace Threshold Selection
The City will utilize the San Bernardino County Travel Demand Model (SBTAM) as its
preferred methodology to measure VMT, preferred method to analyze a project’s VMT
impact, and utilize a threshold consistent with Exhibit A, Table 1 of Resolution 2020-XX
and below This threshold is consistent with how all other resource areas are currently
evaluated under CEQA.
Exhibit A
Table 1 VMT Impact Thresholds
Methods Project Threshold Cumulative Threshold
Land Use Plans (such as General Plans and Specific Plans)
• San Bernardino Traffic Analysis
Model (SBTAM) forecast of total
daily VMT/SP. - To capture project
effect, the same cumulative year
population and employment
growth totals should be used. The
‘project’ only influences land use
allocation.
A significant impact would
occur if the project VMT/SP
(for the land use plan)
exceeds the Countywide
average.
A significant impact would occur
if the project caused total daily
VMT within the City to be higher
than the no project alternative
under cumulative conditions.
• Consistency check with SCAG
RTP/SCS. - Is the proposed
project within the growth
projections in the RTP/SCS?
NA A significant impact would occur
if the project is determined to be
inconsistent with the RTP/SCS.
Land Use Projects
• Transit Priority Area (TPA)
screening.
Presumed less than significant
VMT impact for projects
located in TPAs.
Project presumption applies
under cumulative conditions as
long as project is consistent with
SCAG RTP/SCS.
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• Low VMT area screening. Presumed less than significant
VMT impact for projects
located in low VMT generating
model traffic analysis zones
(TAZs). These TAZs generate
total daily VMT/SP that is 15%
less than the baseline level for
the County.
Project presumption applies
under cumulative conditions as
long as project is consistent with
SCAG RTP/SCS.
• Project type screening. Local serving retail projects
(Per OPR’s Technical
Advisory less than 50,000
square feet) and neighborhood
schools are presumed to have
a less than significant VMT
impact. Projects that generate
less than 110 daily trips do not
require VMT analysis.
Project presumption applies
under cumulative conditions as
long as project is consistent with
SCAG RTP/SCS.
• VMT analysis using SBTAM
forecast of total daily VMT/SP.
A significant impact would
occur if the project VMT/SP
exceeds the Countywide
average.
A significant impact would occur
if the project is determined to be
inconsistent with the RTP/SCS.
A significant impact would occur
if the project causes total daily
VMT within the City to be higher
than the no project alternative
under cumulative conditions. This
analysis should be performed
using the ‘project effect’ or
‘boundary’ method.
Transportation Projects (thresholds may apply for SB 743 or GHG purposes)
• SBTAM forecast of total citywide
daily VMT
A significant impact would
occur if the project increased
the baseline VMT within the
City.
A significant impact would occur
if the project caused total daily
VMT within the City to be higher
than the no build alternative
under cumulative conditions.
• Consistency check with SCAG
RTP/SCS
NA A significant impact would occur
if the project is determined to be
inconsistent with the RTP/SCS.
The intent of SB 743 is to promote infill development and reduce GHGs - promoting
development in VMT-efficient areas (i.e. Cities that have VMT per service population
below the County average). According to data produced by the latest version of the San
Bernardino Transportation Analysis Model (SBTAM, the City of Grand Terrace has an
average existing VMT per service population below the San Bernardino County average
existing VMT per service population.
Comparing back to the county average would encourage development in this VMT-
efficient location and would further the legislative intent of SB 743. City staff determined
that this most closely aligns with the local goals, vision, and values of the City of Grand
Terrace. adopted threshold will result in less than significant transportation impacts.
This threshold is consistent with how all other resource areas are currently evaluated
under CEQA. City staff have determined that this most closely aligns with the local
goals, vision, and values of the City of Grand Terrace.
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Staff recommends the City Council adopt the VMT screening criteria recommended by
the 2019 SBCTA Traffic Study Guidelines and generate a project VMT using
Productions/Attractions and Origin/Destination VMT methodology. Approval of
Resolution 2020-XX (Exhibit A) will adopt these VMT thresholds as local CEQA
guidelines in analyzing project transportation impacts. It should be noted such local
serving projects and as schools, childcare and neighborhood serving retail is exempt
from VMT analysis.
Environmental Impact
No environmental impact is anticipated from adopting Vehicle Miles Travel thresholds or
adopting Local CEQA Guidelines. The City of Grand Terrace adoption of the attached
Resolutions is not a project under State CEQA Guidelines section 15378(b)(5) because
it involves an administrative activity involving process only and would not result in any
environmental impacts.
FISCAL IMPACT:
There is no fiscal impact associated with this action.
ATTACHMENTS:
• Grand Terrace VMT Resolution (DOCX)
APPROVALS:
Steven Weiss Completed 07/09/2020 8:00 AM
City Attorney Completed 07/09/2020 2:12 PM
Finance Completed 07/09/2020 4:06 PM
City Manager Completed 07/09/2020 4:57 PM
City Council Pending 07/14/2020 6:00 PM
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Resolution No. 2020-XXX
Page 1 of 4
RESOLUTION NO. 2020-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE ADOPTING “VEHICLE MILES
TRAVELED” THRESHOLDS OF SIGNIFICANCE FOR
PURPOSES OF ANALYZING TRANSPORTATION IMPACTS
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the California Environmental Quality Act Guidelines (“CEQA
Guidelines”) encourage public agencies to develop and publish generally applicable
“thresholds of significance” to be used in determining the significance of a project
environmental effects; and
WHEREAS, CEQA Guidelines section 15064.7(a) defines a threshold of
significance as “an identifiable quantitative, qualitative or performance level of a
particular environmental effect, noncompliance with which means the effect will
normally be determined to be significant by the agency and compliance with which
means the effect normally will be determined to be less than significant,” and
WHEREAS, CEQA Guidelines section 15064.7(b) requires that thresholds of
significance must be adopted by ordinance, resolution, rule, or regulations, developed
through a public review process, and be supported by substantial evidence; and
WHEREAS, pursuant to CEQA Guidelines section 15064.7(c), when adopting
thresholds of significance, a public agency may consider thresholds of significance
adopted or recommended by other public agencies provided that the decision of the
agency is supported by substantial evidence; and
WHEREAS, Senate Bill 743, enacted in 2013 and codified in Public Resources
Code section 21099, required changes to the CEQA Guidelines regarding the criteria
for determining the significance of transportation impacts of projects; and
WHEREAS, in 2018, the Governor’s Office of Planning and Research (“OPR”)
proposed, and the California Natural Resources Agency certified and adopted, new
CEQA Guidelines section 15064.3 that identifies vehicle miles traveled (“VMT”) –
meaning the amount and distance of automobile travel attributable to a project – as
the most appropriate metric to evaluate a project’s transportation impacts; and
WHEREAS, as a result, automobile delay, as measured by “level of service”
(“LOS”) and other similar metrics, will generally no longer constitute a significant
environmental effect under CEQA; and
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Resolution No. 2020-XXX
Page 2 of 4
WHEREAS, CEQA Guidelines section 15064.3 requires agencies to stop
treating automobile delay/LOS as an environmental impact effective on July 1, 2020,
though public agencies may elect to be governed by this section immediately; and
WHEREAS, the City of Grand Terrace, following a public review process
consisting of a public workshop before the City Council, wishes to adopt the VMT
thresholds of significance for determining the significance of transportation impacts
that are recommended in an analysis conducted by the San Bernardino County
Transportation Authority on behalf of its member jurisdictions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Grand Terrace as follows:
Section 1. The City of Grand Terrace hereby adopts the following:
1. Utilizing the San Bernardino County Travel Demand Model (SBTAM) as its
preferred methodology to measure VMT.
2. Utilizing the SBTAM as its preferred method to analyze a project’s VMT
impact.
3. Utilizing a threshold consistent with Table 1 in Exhibit A.
Section 2. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote
adopting this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Grand Terrace at a regular meeting held on the 14th day of July 2020.
__________________________
Darcy McNaboe, Mayor
ATTEST:
Debra L. Thomas, City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra
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Resolution No. 2020-XXX
Page 3 of 4
City Attorney
Exhibit A
Table 1
VMT Impact Thresholds
Methods Project Threshold Cumulative Threshold
Land Use Plans (such as General Plans and Specific Plans)
• San Bernardino Traffic Analysis
Model (SBTAM) forecast of
total daily VMT/SP.
- To capture project effect,
the same cumulative year
population and
employment growth totals
should be used. The
‘project’ only influences
land use allocation.
A significant impact would
occur if the project VMT/SP
(for the land use plan)
exceeds the Countywide
average.
A significant impact would occur
if the project caused total daily
VMT within the City to be higher
than the no project alternative
under cumulative conditions.
• Consistency check with SCAG
RTP/SCS.
- Is the proposed project
within the growth
projections in the
RTP/SCS?
NA A significant impact would occur
if the project is determined to be
inconsistent with the RTP/SCS.
Land Use Projects
• Transit Priority Area (TPA)
screening.
Presumed less than significant
VMT impact for projects
located in TPAs.
Project presumption applies
under cumulative conditions as
long as project is consistent with
SCAG RTP/SCS.
• Low VMT area screening. Presumed less than significant
VMT impact for projects
located in low VMT generating
model traffic analysis zones
(TAZs). These TAZs generate
total daily VMT/SP that is 15%
less than the baseline level for
the County.
Project presumption applies
under cumulative conditions as
long as project is consistent with
SCAG RTP/SCS.
• Project type screening. Local serving retail projects
(Per OPR’s Technical
Advisory less than 50,000
square feet) and neighborhood
schools are presumed to have
a less than significant VMT
impact. Projects that generate
less than 110 daily trips do not
require VMT analysis.
Project presumption applies
under cumulative conditions as
long as project is consistent with
SCAG RTP/SCS.
• VMT analysis using SBTAM
forecast of total daily VMT/SP.
A significant impact would
occur if the project VMT/SP
exceeds the Countywide
average.
A significant impact would occur
if the project is determined to be
inconsistent with the RTP/SCS.
A significant impact would occur
if the project causes total daily
VMT within the City to be higher
than the no project alternative
under cumulative conditions. This
analysis should be performed
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Resolution No. 2020-XXX
Page 4 of 4
Table 1
VMT Impact Thresholds
Methods Project Threshold Cumulative Threshold
using the ‘project effect’ or
‘boundary’ method.
Transportation Projects (thresholds may apply for SB 743 or GHG purposes)
• SBTAM forecast of total
citywide daily VMT1
A significant impact would
occur if the project increased
the baseline VMT within the
City.
A significant impact would occur
if the project caused total daily
VMT within the City to be higher
than the no build alternative
under cumulative conditions.
• Consistency check with SCAG
RTP/SCS
NA
A significant impact would occur
if the project is determined to be
inconsistent with the RTP/SCS.
1 It is recommended that SBTAM is used to develop VMT estimates for transportation project impact assessment.
However, the analyst must verify the model results for sensitivity to changes in VMT. Alternatively, if the model is
not deemed appropriate, Robert Cevero’s research on lane-mile elasticity and its relationship to VMT can be
referenced.
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AGENDA REPORT
MEETING DATE: July 14, 2020 Council Item
TITLE: 2020-2021 Landscape & Lighting Assessment District 89-1
Public Hearing and Adoption of Resolution Ordering the
Levy and Collection of Assessments Therefore
PRESENTED BY: Todd Nakasaki, Management Analyst
RECOMMENDATION: 1) CONDUCT THE PUBLIC HEARING; AND
2) ADOPT A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF GRAND TERRACE APPROVING THE
ENGINEER’S ANNUAL LEVY REPORT FOR, AND
CONFIRMING THE DIAGRAM AND ASSESSMENT AND
ORDERING THE LEVY AND COLLECTION OF
ASSESSMENTS WITHIN, THE CITY OF GRAND
TERRACE LANDSCAPING AND STREET LIGHTING
DISTRICT NO. 89-1, FISCAL YEAR 2020-2021
2030 VISION STATEMENT:
This staff report supports Goal #1, "Ensuring Fiscal Viability" by ensuring proper cost
recovery for services.
BACKGROUND:
In 1989, the City Council required developers of Tract 13364 to form an Assessment
District 89-1 for the purpose of maintaining the landscaping and lighting serving the
project, as required by the conditions of approval. Subsequently, two other
developments were required to be included in Annexation District 89-1. The
developments (Tracts 14264 and 14471) were annexed into Annexation District 89-1 as
Annexation No. 1.
To ensure all future developments were sustainable, staff recommended that all future
developments be annexed into Annexation District 89-1. Therefore, the following
amendments occurred:
A. Greenbriar on Mt. Vernon Avenue (Tract 17766) was annexed into
Annexation District 89-1 in 2016 as Annexation No. 2.
B. Aegis Builders development on Pico Street (Tract 18793) was annexed
into Annexation District 89-1 in 2016 as Annexation No. 3.
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C. Crestwood Development Project on Jaden Court (Tract 18071) was
annexed into Annexation District 89-1 as Annexation No. 4 in 2018
D. Aegis-Van Buren Housing development on Tesoro Court/ Van Buren
(Tract 18604) was annexed into Annexation District 89-1 as Annexation
No. 5, in 2019.
Each of the seven tracts comprises the boundaries of a zone in the Assessment District.
The Assessment District has seven zones total with established assessments approved
by Council and included in the Engineer’s Report.
At the regular City Council meeting on June 23, 2020, the City Council adopted a
Resolution ordering the preparation of plans, specification, cost estimates, diagrams,
engineer’s report and preliminary approval thereof for Landscape and Lighting District
No. 89-1.
DISCUSSION:
This agenda item is for the purpose of conducting the public hearing and adoption of a
Resolution for the annual assessment levy for maintenance of the landscaping and
lighting benefiting the property owners within the tracts of the Assessment District.
Staff reviewed the expenditures for Fiscal Year 2019-2020. Based on the Engineer
Report's estimate, the cost of operations and maintenance for the Zones in Fiscal Year
2020-2021 will differ from the cost of last year. Based upon the analysis, the
assessment amount will increase for the District for Fiscal Year 2020-2021.
Servicing and administration of the City’s landscape maintenance program shall be
according to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division
15, of the Street and Highways Code of the State of California. The Proceedings will be
conducted under the Landscaping and Lighting Act of 1972, Part 2, Division 15,
Sections 22500 through 22679, of the Streets and Highways Code of the State of
California.
FISCAL IMPACT:
The Engineer's Report has estimated the fiscal impact will be $55,652.05 to maintain
the Assessment District. Most of this amount will be reimbursed to the City through the
collection of property taxes by the County of San Bernardino for each parcel. However,
there is a shortfall in of $4,834.50. This is due to the inability of the City to collect the full
cost of maintenance for Zone 1 and also includes the general benefit from each of the
zones, which is an impact that may be paid by the General Fund in FY 2020-2021.
ATTACHMENTS:
• I. Public Hearing Instruction Sheet (DOCX)
• II. Order of Procedure (DOCX)
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• III. FY20-21 Engineer's Report (PDF)
• IV. Tract Map Zones 1-7 (PDF)
• V. Resolution - Levy of Assessments (DOCX)
APPROVALS:
Todd Nakasaki Completed 07/08/2020 5:49 PM
City Attorney Completed 07/08/2020 7:44 PM
Finance Completed 07/09/2020 1:08 PM
City Manager Completed 07/09/2020 4:55 PM
City Council Pending 07/14/2020 6:00 PM
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INSTRUCTION SHEET – PUBLIC HEARING
CITY OF GRAND TERRACE
LANDSCAPING AND STREET LIGHTING DISTRICT NO. 89-1
PUBLIC HEARING
MAJORITY PROTEST: Any interested person may file a written protest with the
City Clerk, stating the grounds for their objection. Said protest shall contain a
description of the property sufficient to identified said property. All interested persons
shall be afforded the opportunity to be heard at the Public Hearing. If written protests
submitted, and not withdrawn, constitutes in excess of fifty (50%) percent of the total
value of the assessment, the proceedings must be abandoned.
ASSESSMENT ROLL
If there are to be no changes or modifications in the individual assessment
amounts, then the assessment roll as previously prepared should be confirmed. A copy
of the confirmed assessments should be filed in the Office of the City Engineer, with a
duplicate copy on file in the office of the City Clerk and open for public inspection.
RESOLUTION CONFIRMING ASSESSMENT
The adoption of this Resolution constitutes the levy of the special assessment for
the fiscal year so referred to in the assessment.
COUNTY AUDITOR
Immediately after the adoption of the Resolution Confirming the Diagram and the
Assessment, and no later than August 10, 2020, the Clerk shall file a copy of the
assessment diagram and the assessment, or a certified copy thereof, with the County
Auditor. I would recommend that together with a copy of the diagram and assessment, a
certified copy of the Resolution Confirming the Assessment be forwarded also.
FISCAL YEAR
The Assessment, as levied for these proceedings, will relate to the fiscal year
commencing July 1, 2020, and ending June 30, 2021. Note that an annual updating of
the proceedings will be required for each subsequent fiscal year to accomplish the levy
for the ensuing fiscal year.
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FUTURE PROCEEDINGS
Be advised that it is necessary, each year, to update the Engineer’s “Report” and
approve said “Report” for the ensuing fiscal year. We should all probably mark our
calendars for some time after the first of the year to begin the process.
CHANGES AND MODIFICAITONS AT HEARING
During the course of the Public Hearing, or upon the conclusion of said hearing,
the legislative body may order changes in the improvements, the boundaries of the
District, or any zones thereof. The legislative body may, without further notice, order the
exclusion of territory from the district, but no property shall be added to said District
except upon the following terms and conditions:
a. Upon written request by a property owner for the inclusion of his property;
b. Upon the legislative body declaring its intention to add additional property and
directing that mailed notice be given to the property owners within the
proposed annexed.
I would recommend that if any changes are to be considered, the matter be
continued so that the proper documentation can be drafted.
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ORDER OF PROCEDURE
CITY OF GRAND TERRACE
LANDSCAPING AND STREET LIGHTING DISTRICT NO. 89-1
PUBLIC HEARING DATE:
STAFF:
CITY COUNCIL:
July 14, 2020
Present ENGINEER’S REPORT,
general discussion of LANDSCAPING
AND STREET LIGHTING DISTRICT
NO. 89-1
See attached INSTRUCTION SHEET –
PUBLIC HEARING
Adopt RESOLUTION CONFIRMING
ASSESSMENT
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City of Grand Terrace
Landscaping and Lighting
Assessment District No. 89-1
2020/2021 ENGINEER’S REPORT
Intent Meeting: June 23, 2020
Public Hearing: July 14, 2020
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com
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TABLE OF CONTENTS
INTRODUCTION ............................................................................................................. 1
Section I. PLANS AND SPECIFICATIONS ................................................................ 3
Improvements Authorized by the 1972 Act .............................................................. 3
District Plans and Specifications .............................................................................. 4
Section II. METHOD OF APPORTIONMENT ............................................................... 8
Proposition 218 Benefit Analysis ............................................................................. 9
Benefit Analysis ......................................................................................................... 9
Assessment Methodology ....................................................................................... 11
Assessment Range Formula ................................................................................... 11
Section III. ESTIMATE OF IMPROVEMENT COSTS .................................................. 13
Section IV. ASSESSMENT DIAGRAMS ..................................................................... 20
Section V. ASSESSMENT ROLL ............................................................................... 27
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2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 1
INTRODUCTION
The City Council of the City of Grand Terrace (the “City”) adopted its General Plan with
various elements to provide guidelines for orderly development within the community.
The City Council further adopted ordinances and regulations governing the
development of land providing for the installation and construction of certain
landscaping, lighting and appurtenant facilities to enhance the quality of life and to
benefit the value of property.
The requirement for the construction and installation of landscaping, lighting and
appurtenant facilities is a condition of approval for development and is a requirement of
issuance of a permit for the construction of any residential, commercial, industrial and
planned unit development. The installation of landscaping and lighting systems and the
construction of the necessary appurtenant facilities is the responsibility of the property
owner/applicant, as conditions of approval of a development application. The City may
cause the installation by property owners directly, or accept financial arrangements for
installation of these facilities. The cost of servicing, operation, maintenance, repair and
replacement of the landscaping, lighting and appurtenant facilities in turn becomes the
responsibility of the benefitting properties.
The owners/applicants petitioned for formation of the Landscaping Lighting Assessment
District and/or annexation. These have been completed, and will increase the City’s
obligation for maintenance and servicing.
The City of Grand Terrace is administering a lighting system for the benefit of all parcels
of land within the City. The lighting benefit is directly related to public safety and
property protection. These benefits have been studied widely, locally, regionally and
nationally.
The City formed Landscaping and Lighting Assessment District 89-1 (the “District”) in
1989 and subsequently annexed other parcels as Annexation No. 1, Annexation No. 2
Annexation No. 3, Annexation No. 4, and Annexation No. 5 to said District to ensure a
fair and equitable levying of the necessary costs of servicing and maintenance of the
respective facilities, which in turn will enhance the value of each and every parcel in the
District directly and collectively.
The boundaries of the District, which include Annexations 1, 2, 3, 4, and 5 are the
boundaries of Zone 1 - Tract 13364 filed in Map Book 203, Pages 89 through 92,
Records of San Bernardino County (the “County”). The boundaries of Zone 2 - Tract
14264 and Zone 3 – Tract 14471 filed in Map Book 242, Pages 17 and 18, Zone 4 –
Tract 17766 filed in Map Book 237, Pages 41 and 42, and Zone 5 – Tract 18793 filed in
Map Book 115, Pages 81-82. The boundaries of Zone 6 – Tract 18071 and Zone 7 –
18604 filed in Map Book 1178 Page 18 and Map Book 1167 Page 34, respectively, of
the County.
Servicing and administration of the City’s landscape maintenance program shall be
according to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division
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2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 2
15 of the Streets and Highways Code of the State of California (the “1972 Act”).
Payment for the assessment for each parcel will be made in the same manner and at
the same time as payments are made for property taxes for each property.
The proceedings will be conducted under the 1972 Act Sections 22500 through 22679.
This Engineer’s Report (the “Report”) is presented for the purpose of levy of annual
assessment to the above described properties for the purpose of maintaining the
lighting and landscaping during the Fiscal Year 2020/2021.
This Report contains the necessary data required to conduct the proceedings and is
submitted to the Clerk of the City for filing.
The word “parcel,” for the purposes of this Report, refers to an individual property
assigned its own Assessor’s Parcel Number (“APN”) by the San Bernardino County
Assessor’s Office. The San Bernardino County Auditor/Controller uses Assessor’s
Parcel Numbers and a dedicated fund number established for the District to identify
properties to be assessed on the tax roll and the allocation of the funds collected.
This Report consists of the following sections:
Section I
Plans and Specifications: Description of the District's improvements are filed herewith
and made a part hereof. Said plans and specifications are on file in the Office of the
City Clerk.
Section II
Method of Apportionment: A discussion of the general and special benefits
associated with the overall landscaping street lighting improvements provided within the
District (Proposition 218 Benefit Analysis). This section also includes a determination of
the proportional costs of the special benefits and a separation of costs considered to be
of general benefit (and therefore not assessed). This section of the Report also outlines
the method of calculating each property’s proportional special benefit.
Section III
Estimate of Improvement Costs: An estimate of the cost of the proposed
improvements, including incidental costs and expenses in connection therewith, is as
set forth on the lists thereof, attached hereto, and are on file in the Office of the City
Clerk.
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Section IV
Assessment Diagrams: A diagram showing the boundaries of the District is provided
in this Report and includes all parcels that receive special benefits from the
improvements. Parcel identification, the lines and dimensions of each lot, parcel and
subdivision of land within the District, are inclusive of all parcels as shown on the San
Bernardino County Assessor's Parcel Maps as they existed at the time this Report was
prepared and shall include all subsequent subdivisions, lot-line adjustments or parcel
changes therein. Reference is hereby made to the San Bernardino County Assessor’s
maps for a detailed description of the lines and dimensions of each lot and parcel of
land within the District.
Section V
Assessment Roll: A listing of the proposed assessment amount for each parcel within
the District. The proposed assessment amount for each parcel is based on the parcel’s
calculated proportional special benefit as outlined in the method of apportionment and
proposed assessment rate established in the District Budget. These assessment
amounts represent the assessments proposed to be levied and collected on the County
Tax Rolls for Fiscal Year 2020/2021.
Section I. PLANS AND SPECIFICATIONS
Improvements Authorized by the 1972 Act
As applicable or may be applicable to this District, the 1972 Act defines improvements
to mean one or any combination of the following:
• The installation or planting of landscaping.
• The installation or construction of statuary, fountains, and other
ornamental structures and facilities.
• The installation or construction of public lighting facilities.
• The installation or construction of any facilities which are appurtenant to
any of the foregoing or which are necessary or convenient for the
maintenance or servicing thereof, including, but not limited to, grading,
clearing, removal of debris, the installation or construction of curbs,
gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or
electrical facilities.
• The maintenance or servicing, or both, of any of the foregoing.
• The acquisition of any existing improvement otherwise authorized
pursuant to this section.
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2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 4
Incidental expenses associated with the improvements including, but not limited to:
• The cost of preparation of the report, including plans, specifications,
estimates, diagram, and assessment;
• The costs of printing, advertising, and the publishing, posting and mailing
of notices;
• Compensation payable to the County for collection of assessments;
• Compensation of any engineer or attorney employed to render services;
• Any other expenses incidental to the construction, installation, or
maintenance and servicing of the improvements;
• Any expenses incidental to the issuance of bonds or notes pursuant to
Section 22662.5.
• Costs associated with any elections held for the approval of a new or
increased assessment.
The 1972 Act defines "maintain" or "maintenance" to mean furnishing of services and
materials for the ordinary and usual maintenance, operation, and servicing of any
improvement, including:
• Repair, removal, or replacement of all or any part of any improvement.
• Providing for the life, growth, health, and beauty of landscaping, including
cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease
or injury.
• The removal of trimmings, rubbish, debris, and other solid waste.
• The cleaning, sandblasting, and painting of walls and other improvements
to remove or cover graffiti.
District Plans and Specifications
The District provides the necessary funding source for the annual maintenance,
operation and servicing of the improvements that have been constructed and installed
for the benefit of properties within the District.
Landscaping and appurtenant facilities generally include trees, shrubs, plants, turf,
irrigation systems, and necessary appurtenances including curbs, hardscape,
monumentations, fencing located in public right-of-ways, medians, parkways, and/or
easements adjacent to public right-of-ways, in and along public thoroughfares and
certain designated primary and secondary arterials.
Lighting and appurtenant facilities includes poles, lighting fixtures, conduits and the
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2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 5
necessary equipment to maintain, operate and replace a lighting system at designated
intersections, in medians, parkways and adjacent to certain public facilities in and along
certain streets, right-of-ways and designated lots.
The installation of planting, landscaping, irrigation systems, lighting and the construction
of appurtenant facilities to be operated, serviced and maintained, is more specifically
described herein whereas, the landscaping and lighting facilities have been or will be
provided by developers as a condition of subdivision of land, on part of the Conditional
Use review and approval process.
A. ZONES OF BENEFIT
In an effort to ensure an appropriate allocation of the estimated annual cost to provide
the District improvements based on proportional special benefits, this District is
established with benefit zones (“Zones”) as authorized pursuant to Chapter 1 Article 4,
Section 22574 of the 1972 Act:
“The diagram and assessment may classify various areas within an assessment
district into different zones where, by reason of variations in the nature, location, and
extent of the improvements, the various areas will receive differing degrees of
benefit from the improvements. A zone shall consist of all territory which will receive
substantially the same degree of benefit from the improvements.”
The parcels, lots, subdivisions and developments within the District are identified and
grouped into one of seven (7) Zones. Each Zone reflects the landscape improvements
associated with the development of properties in that Zone, in order to fairly and
equitably apportion the net cost of providing those improvements to the properties that
receive special benefits from the service and activities associated with those
improvements. All of the parcels in the District are identified as single-family residential
properties within three residential developments. These residential developments have
been grouped into seven different Zones that reflects each specific budget and
improvements for that particular Zone. By establishing and utilizing a Zone structure,
similar properties with similar types of improvements will be assessed a proportional
amount for the services and activities provided by the District within each respective
Zone.
The improvements are the operation, maintenance and servicing of landscaping,
lighting and appurtenant facilities described as follows:
Zone 1 - Tract 13364
(a) Landscaping
Landscaping, planting, shrubbery, trees, turf, irrigation systems,
monuments, hardscapes, walls, fencing and appurtenant facilities in public
right-of-ways and easements within the proposed boundary of the District.
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(b) Lighting
Poles, fixtures, bulbs, conduits, equipment posts and pedestals, metering
devices and appurtenant facilities as required to provide lighting in public
right-of-ways and easements within the proposed boundaries of the
District. A total of 5 street lights are included in the boundaries of this
development.
Zone 2 - Tract 14264
(a) Lighting
Poles, fixtures, bulbs, conduits, equipment, posts, pedestals, metering
devices and appurtenant facilities as required to provide lighting in public
right-of-ways and easements within the proposed boundaries of the
District. A total of 7 street lights are included in the boundaries of this
development.
Zone 3 - Tract 14471
(a) Landscaping
Landscaping, planting shrubbery, trees, and vines with Lot “A” of said
Tract 14471, along with irrigation system for the improvements within Lot
“A”.
(b) Lighting
Poles, fixtures, conduits, equipment, posts, pedestals, metering devices
and appurtenant facilities as required to provide lighting in public right-of-
ways and easements within the boundaries of the District. A total of 6
street lights are maintained within the boundaries of this development.
Zone 4 – Tract 17766
(a) Landscaping
Landscaping, planting, shrubbery, trees, turf, irrigation systems,
monuments, hardscapes, walls, fencing and appurtenant facilities in public
right-of-ways and easements within the proposed boundary of the District.
(b) Lighting
Poles, fixtures, bulbs, conduits, equipment posts and pedestals, metering
devices and appurtenant facilities as required to provide lighting in public
right-of-ways and easements within the proposed boundaries of the
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2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 7
District. A total of 1 street light is included in the boundaries of this
development.
Zone 5 – Tract 18793
(a) Landscaping
Landscaping, planting, shrubbery, trees, turf, irrigation systems,
monuments, hardscapes, walls, fencing and appurtenant facilities in public
right-of-ways and easements within the proposed boundary of the District.
(b) Lighting
Poles, fixtures, bulbs, conduits, equipment posts and pedestals, metering
devices and appurtenant facilities as required to provide lighting in public
right-of-ways and easements within the proposed boundaries of the
District. A total of 5 street lights are included in the boundaries of this
development.
Zone 6 – Tract 18071
(a) Landscaping
Landscaping, planting, shrubbery, trees, turf, irrigation systems,
monuments, hardscapes, walls, fencing and appurtenant facilities in public
right-of-ways and easements within the proposed boundary of the District.
Additionally, the District will include the maintenance of a water quality
basin, designed for storm water runoff purposes.
(b) Lighting
Poles, fixtures, bulbs, conduits, equipment posts and pedestals, metering
devices and appurtenant facilities as required to provide lighting in public
right-of-ways and easements within the proposed boundaries of the
District. A total of 4 street lights are included in the boundaries of this
development.
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Zone 7 – Tract 18604
(a) Landscaping
Landscaping, planting, shrubbery, trees, turf, irrigation systems,
monuments, hardscapes, walls, fencing and appurtenant facilities in public
right-of-ways and easements within the proposed boundary of the District.
Additionally, the District will include graffiti removal on the block wall along
the east side of the Gage Canal within the western boundary of the tract,
streetlights, and street trees along Tesoro Court and Van Buren Street.
Lot: B” of said tract is designated as a retention basin and will be
maintained as a dual-purpose basin, for retaining water and for a small
playground.
(b) Lighting
Poles, fixtures, bulbs, conduits, equipment posts and pedestals, metering
devices and appurtenant facilities as required to provide lighting in public
right-of-ways and easements within the proposed boundaries of the
District. A total of 3 street lights are included in the boundaries of this
development.
Section II. METHOD OF APPORTIONMENT
The 1972 Act permits the establishment of assessment districts by agencies for the
purpose of providing certain public improvements, including the acquisition,
construction, installation, and servicing of street lighting improvements and related
facilities. The 1972 Act requires that the cost of these improvements be levied according
to benefit rather than assessed value:
“The net amount to be assessed upon lands within an assessment district may be
apportioned by any formula or method which fairly distributes the net amount among all
assessable lots or parcels in proportion to the estimated benefits to be received by each
such lot or parcel from the improvements.”
The formulas used for calculating assessments reflect the composition of parcels within
the District (which are all residential properties) and the improvements and activities to
be provided, and have been designed to fairly apportion costs based on a determination
of the proportional special benefits to each parcel within each Zone, consistent with the
requirements of the 1972 Act and the provisions of Proposition 218 and Article XIII D of
the California Constitution. For each Zone within the District, each parcel represents
one (1) Equivalent Benefit Unit (“EBU”).
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The following formula is used to arrive at the levy amount for each parcel within
each Zone:
Levy per EBU (rate) x Parcel’s EBU = Parcel Levy Amount
Proposition 218 Benefit Analysis
The costs of the proposed improvements for Fiscal Year 2020/2021 have been
identified and allocated to properties within the District based on special benefit. The
improvements provided by this District and for which properties are assessed are public
street lighting and landscaping improvements. These improvements generally were
installed in connection with the development of the properties within the District. Article
XIIID Section 2(d) defines District as follows:
“District means an area determined by an agency to contain all parcels which will
receive a special benefit from a proposed public improvement or property-related
service”;
Article XIIID Section 2(i) defines Special Benefit as follows:
“Special benefit” means a particular and distinct benefit over and above general benefits
conferred on real property located in the district or to the public at large. General
enhancement of property value does not constitute “special benefit.”
Article XIIID Section 4(a) defines proportional special benefit assessments as follows:
“An agency which proposes to levy an assessment shall identify all parcels which will
have a special benefit conferred upon them and upon which an assessment will be
imposed. The proportionate special benefit derived by each identified parcel shall be
determined in relationship to the entirety of the capital cost of a public improvement, the
maintenance and operation expenses of a public improvement, or the cost of the
property related service being provided. No assessment shall be imposed on any parcel
which exceeds the reasonable cost of the proportional special benefit conferred on that
parcel.”
Benefit Analysis
Special Benefit
The special benefits properties within the District will receive from the proposed
improvements include, but are not limited to:
• Improved aesthetic appeal of nearby properties providing a positive
representation of the area and properties.
Total Balance to Levy = Levy per EBU
Total EBU
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2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 10
• Enhanced adaptation of adequate green space, trees, and amenities
within the urban environment.
• Increased sense of pride in ownership of properties within the District
resulting from their association with well-maintained improvements.
• Enhanced quality of life and working environment within the area that is
promoted by well-maintained landscaped areas and amenities.
• Reduced criminal activity and property-related crimes (especially
vandalism) against properties in the District through well-maintained
surroundings and amenities within public areas.
• Increased social opportunities and leisure activities for customer’s
residents and families, provided by a well-maintained neighborhood
destination place for relaxation, socializing, and entertainment that is
within easy walking distance.
• Enhanced environmental quality of the parcels by moderating
temperatures, providing oxygenation and attenuating noise.
The preceding special benefits contribute to the overall aesthetic value and desirability
of each of the assessed parcels within the District and thereby provide a special
enhancement to these properties. Furthermore, it has been determined that the lack of
funding to properly service and maintain the improvements would ultimately result in the
deterioration of the improvements and facilities, which in turn could negatively impact
the properties within the District. As such, the annual costs of ensuring the ongoing
maintenance and operation of these improvements are considered a distinct and special
benefit to the properties within the District and are therefore considered the financial
obligation of those properties. The cost of any improvement or portion thereof that is
considered to be of general benefit shall not be included as part of the special benefit
assessments allocated to properties within the District.
General Benefit
In the absence of a special funding District, the City would typically provide only weed
abatement and erosion control services for landscaped areas. The cost to provide this
baseline level of service is approximately $0.01 per square foot for landscape areas that
require maintenance. Zone 1 – Tract 13364 has approximately 29,100 square feet of
landscape space, Zone 2 – Tract 14264 has no landscaping area that the City maintains
and Zone 3 – Tract 14471 has approximately 9,045 square feet of landscape space,
Zone 4 – Tract 17766 has approximately 3,856 square feet of landscaped space, Zone
5 – Tract 18793 has approximately 4,668 square feet of landscaped space, Zone 6 –
Tract 18071 has approximately 61,750 square feet of landscaped space, Zone 7 – Tract
18604 has approximately 3,239 square feet of landscaped space. The proposed
budgets for Fiscal Year 2020/2021 show the general benefit amount which will be
deducted from the cost of maintenance to arrive at a net special benefit assessment
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rate.
Assessment Methodology
This District was formed to establish and provide for the improvements that enhance the
presentation of the surrounding properties and developments. These improvements will
directly benefit the parcels to be assessed within the District. The assessments and
method of apportionment is based on the premise that the assessments will be used to
construct and install landscape and lighting improvements within the existing District as
well as provide for the annual maintenance of those improvements, and the assessment
revenues generated by District will be used solely for such purposes.
The costs of the proposed improvements have been identified and allocated to
properties within the District based on special benefit. The improvements to be provided
by this District and for which properties will be assessed have been identified as an
essential component and local amenity that provides a direct reflection and extension of
the properties within the District which the property owners and residents have
expressed a high level of support.
The method of apportionment (method of assessment) set forth in the Report is based
on the premise that each assessed property receives special benefits from the
landscape and lighting improvements within the District, and the assessment obligation
for each parcel reflects that parcel’s proportional special benefits as compared to other
properties that receive special benefits.
To identify and determine the proportional special benefit to each parcel within the
District, it is necessary to consider the entire scope of the improvements provided as
well as the properties that benefit from those improvements. The improvements and the
associated costs described in this Report, have been carefully reviewed and have been
identified and allocated based on a benefit rationale and calculations that proportionally
allocate the net cost of only those improvements determined to be of special benefit to
properties within the District.
Assessment Range Formula
Any new or increased assessment requires certain noticing and meeting requirements
by law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC
and XIIID), legislative changes in the Brown Act defined a "new or increased
assessment" to exclude certain conditions. These conditions included "any assessment
that does not exceed an assessment formula or range of assessments previously
adopted by the agency or approved by the voters in the area where the assessment is
imposed." This definition and conditions were later confirmed through Senate Bill 919
(the Proposition 218 implementing legislation).
The purpose of establishing an assessment range formula is to provide for reasonable
increases and inflationary adjustment to annual assessments without requiring costly
noticing and mailing procedures, which could add to the District costs and assessments.
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As part of the District formation, balloting of property owners is required pursuant to the
Article XIIID Section 4. The property owner ballots include an Assessment to be
approved, as well as the approval of an assessment range formula.
The assessment range formula for District assessments may be applied to future
assessments within the District commencing with Fiscal Year 2018/2019 for Zone 4 –
Tract 17766 and Zone 5 – Tract 18793, Fiscal Year 2019/2020 for Zone 6 – Tract 18071
and Fiscal Year 2020/2021 for Zone 7. Zone 1 – Tract 13364, Zone 2 – Tract 14264
and Zone 3 14471 does not have an increase in assessments. The following describes
the assessment range formula:
The Maximum Assessment is equal to the initial Assessment approved by property
owners adjusted annually by the percentage increase of the Local Consumer Price
Index (“CPI”) plus two percent (2%). As of January 2018, the Bureau of Labor Statistics
(the “BLS”) split the Los Angeles-Riverside-Orange County Area for all Urban
Consumers to Los Angeles-Long Beach-Anaheim area and Riverside-San Bernardino-
Ontario Area. Each fiscal year, the Maximum Assessment will be recalculated, and a
new Maximum Assessment established. Currently, the District uses the Annual
Riverside-San Bernardino-Ontario CPI index to compute the CPI difference each year.
For Fiscal Year 2020/2021, the percentage difference is 2.8862%. Therefore, the
Maximum Assessment will increase by 4.8862%.
The Maximum Assessment is adjusted annually and is calculated independent of the
annual budgets and proposed assessments established for each Zone of the District.
Any proposed annual assessment (rate per EBU) less than or equal to this Maximum
Assessment (for each Zone) is not considered an increased assessment, even if the
proposed assessment is much greater than the assessment applied in the prior fiscal
year.
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Section III. ESTIMATE OF IMPROVEMENT COSTS
In accordance with Streets and Highways Code Section 22660(a), the City Council has
determined that the estimated cost of certain proposed improvements, described in
Section 22525, subdivisions (a) through (d), are greater than can conveniently be raised
from a single assessment, and, as a result, shall be collected in installments and held in
a reserve account. In particular, Zone 1, Zone 3, Zone 4, Zone 5, Zone 6, and Zone 7
requires trimming and pruning landscaping services that are proposed to be performed
every five years. The proposed assessment includes a budgeted amount for trimming
and pruning to collect for these services.
The following outlines the budget to fund the District improvements based on the
improvements to be maintained and the associated incidental expenses for Fiscal Year
2020/2021, resulting in the proportional assessments calculated for each parcel that will
be applied to the County Tax Rolls for Fiscal Year 2020/2021. The cost of maintaining
improvements for Fiscal Year 2020/2021 are summarized as follows:
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2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 14
Zone 1 Tract 13364 – Canal
Budget Item Fiscal Year 2020/21
Current Assessment
Energy Costs – Street Lighting $597.60
Water Supply
2,716.32
Trimming and Removal*
1,102.00
Contract Maintenance
2,080.00
Legal
600.00
Engineering
600.00
Administrative Cost
1,000.00
Pruning Cycle Maintenance**
302.00
Annual Costs Total $8,997.92
General Benefit -
Collection/(Contribution)
(291.00)
General Fund - Collection/(Contribution)
(3,060.32)
Balance to Levy $5,646.60
Assessment per Parcel $282.33
Max Assessment per Parcel $282.33
Number of Parcels (EBU) 20
* Trimming and removal was a onetime service and the cost will be spread over the next five years.
**Pruning services are performed every five years; the total cost of these services are spread over five years.
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2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 15
Zone 2 Tract 14264 – Forrest City Phase II
Budget Item Fiscal Year 2020/21
Current Assessment
Energy Costs – Street Lighting $697.00
Legal 600.00
Engineering 600.00
Administrative Cost 176.24
Annual Costs Total $2,073.24
General Benefit -
Collection/(Contribution)* $0.00
General Fund - Collection/(Contribution)
(657.60)
Balance to Levy $1,415.64
Assessment per Parcel $1,415.64
Max Assessment per Parcel $1,415.64
Number of Parcels (EBU) 1
*Parcels under zone 2 receive no general benefit, because there is no landscaping.
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2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 16
Zone 3 Tract 14471 – Oriole
Budget Item Fiscal Year 2020/21
Current Assessment
Energy Costs – Street Lighting $498.00
Water Supply 488.41
Capital Reserve/Replacement Parts 371.16
Contract Maintenance 1,040.00
Legal 600.00
Engineering 600.00
Administrative Cost 1,296.03
Pruning Cycle Maintenance* 466.00
Annual Costs Total $5,359.60
General Benefit -
Collection/(Contribution) (90.45)
General Fund - Collection/(Contribution) 0.00
Balance to Levy $5,269.15
Assessment per Parcel $309.95
Max Assessment per Parcel $309.95
Number of Parcels (EBU) 17
* Pruning services are performed every five years, the total cost of these services will be spread over five years.
* Total may not foot due to rounding.
F.8.c
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2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 17
Zone 4 Tract 17766 – Greenbriar
Budget Item Fiscal Year 2020/21
Current Assessment
Energy Costs – Street Lighting $120.00
Electrical Use for Irrigation 120.00
Water Supply 480.00
Trimming and Removal 640.00
Capital Reserve/Replacement Parts 5,143.80
Contract Maintenance 1,388.00
Legal 600.00
Engineering 600.00
Auditor Controller Charges 20.00
Administrative Cost 600.00
Annual Costs Total $9,711.80
General Benefit -
Collection/(Contribution) (38.56)
HOA - Collection/(Contribution) (3,839.44)
Balance to Levy $5,833.80
Assessment per Parcel $166.68
Max Assessment per Parcel $166.68
Number of Parcels (EBU) 35
F.8.c
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2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 18
Zone 5 Tract 18793 – Palomino
Budget Item Fiscal Year 2020/21
Current Assessment
Energy Costs – Street Lighting $360.00
Perimeter Wall 850.00
Trimming and Removal 1,300.00
Capital Reserve/Replacement Parts 870.52
Contract Maintenance 1,120.00
Legal 600.00
Engineering 600.00
Auditor Controller Charges 20.00
Administrative Cost 600.00
Annual Costs Total $6,320.52
General Benefit -
Collection/(Contribution) (46.68)
General Fund - Collection/(Contribution) $0.00
Balance to Levy $6,273.84
Assessment per Parcel $522.82
Max Assessment per Parcel $522.82
Number of Parcels (EBU) 12
* Balance to levy may not foot with Preliminary Roll due to rounding.
F.8.c
Packet Pg. 169
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2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 19
Zone 6 Tract 18071 – Jaden
Budget Item Fiscal Year 2020/21
Current Assessment
Street Lighting $672.00
Water 0.00
Bryce Court Pavement Sealing 786.00
Trimming & Pruning 390.00
Capital Reserve / Replacement Parts 7,441.38
Contract Maintenance 14,820.00
Legal 1,000.00
Engineering 850.00
Auditor Controller Charges 20.00
Publishing/Noticing, Misc. 200.00
Annual Costs Total $26,179.38
General Benefit -
Collection/(Contribution) (617.50)
General Fund - Collection/(Contribution) 0.00
Balance to Levy $25,561.88
Assessment per Parcel $1,503.64
Max Assessment per Parcel $1,503.64
Number of Parcels (EBU) 17
F.8.c
Packet Pg. 170
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2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 20
Zone 7 Tract 18604 – Tesoro/Van Buren
Budget Item Fiscal Year 2020/21
Current Assessment
Street Lighting $360.00
Water 0.00
Perimeter Wall 600.00
Trimming & Pruning 1,430.00
Capital Reserve / Replacement Parts 446.53
Contract Maintenance 777.00
Legal 1,000.00
Engineering 850.00
Auditor Controller Charges 20.00
Publishing/Noticing, Misc. 200.00
Annual Costs Total $5,683.53
General Benefit -
Collection/(Contribution) (32.39)
General Fund - Collection/(Contribution) 0.00
Balance to Levy $5,651.14
Assessment per Parcel $332.42
Max Assessment per Parcel $332.42
Number of Parcels (EBU) 17.00
The total approved assessment for Fiscal Year 2020/2021 is $55,652.05
Note: Total may not foot due to rounding.
F.8.c
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2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 21
Section IV. ASSESSMENT DIAGRAMS
An Assessment Diagram for the District has been submitted to the Clerk of the City in
the format required under the provision of the Act. The lines and dimensions of each lot
or parcel within the District are those lines and dimensions shown on the maps of the
Assessor of the County of San Bernardino, for the year when this Report was prepared,
and are incorporated by reference herein and made part of this Report. The following
pages show the boundaries of each of the Zones in the District.
F.8.c
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2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 22
F.8.c
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2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 23
F.8.c
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2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 24
CITY OF GRAND TERRACE
LANDSCAPE AND LIGHTING ASSESMENT DISTRICT
ZONE 4
F.8.c
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2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 25
CITY OF GRAND TERRACE
LANDSCAPE AND LIGHTING ASSESMENT DISTRICT
ZONE 5
F.8.c
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2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 26
CITY OF GRAND TERRACE
LANDSCAPE AND LIGHTING ASSESMENT DISTRICT
Zone 6
F.8.c
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2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 27
CITY OF GRAND TERRACE
LANDSCAPE AND LIGHTING ASSESMENT DISTRICT
ZONE 7
F.8.c
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2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 28
Section V. ASSESSMENT ROLL
The description of each lot or parcel is part of the records of the Assessor of the County
of San Bernardino and these records are, by reference, made part of this Report. The
proposed assessment and the amount of assessment for Fiscal Year 2020/2021
apportioned to each lot or parcel is shown below.
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2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 22
F.8.d
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2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 23
F.8.d
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2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 24
CITY OF GRAND TERRACE
LANDSCAPE AND LIGHTING ASSESMENT DISTRICT
ZONE 4
F.8.d
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2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 25
CITY OF GRAND TERRACE
LANDSCAPE AND LIGHTING ASSESMENT DISTRICT
ZONE 5
F.8.d
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2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 26
CITY OF GRAND TERRACE
LANDSCAPE AND LIGHTING ASSESMENT DISTRICT
Zone 6
F.8.d
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2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 27
CITY OF GRAND TERRACE
LANDSCAPE AND LIGHTING ASSESMENT DISTRICT
ZONE 7
F.8.d
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)
RESOLUTION NO. 2020-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GRAND TERRACE APPROVING THE ENGINEER’S
ANNUAL LEVY REPORT FOR, AND CONFIRMING THE
DIAGRAM AND ASSESSMENT AND ORDERING THE
LEVY AND COLLECTION OF ASSESSMENTS WITHIN,
THE CITY OF GRAND TERRACE LANDSCAPING AND
STREET LIGHTING DISTRICT NO. 89-1, FISCAL YEAR
2020-2021
WHEREAS, the City Council of the City of Grand Terrace (hereafter referred to
as the “City Council”) has previously formed and levied annual assessments for the
CITY OF GRAND TERRACE LANDSCAPING AND STREET LIGHTING DISTRICT NO.
89-1 (hereafter referred to as the “District”), pursuant to the provisions of the
Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and
Highways Code of California, beginning with Section 22500 (hereafter referred to as the
“Act”); and
WHEREAS, the City Council has by adoption of Resolution No. 2020-24 initiated
proceedings to establish the proposed annual assessments for Fiscal Year 2020-2021
and ordered the preparation of an Engineer’s Annual Levy Report (hereafter referred to
as the “Report”) for the District pursuant to Chapter 3, Section 22622 of the Act; and
WHEREAS, the Act provides for the levy and collection of assessments to pay
for the maintenance, operation and services of the improvements and facilities related
to an assessment district; and
WHEREAS, the City Council has retained Willdan Financial Services for the
purpose of assisting with the establishment of the assessments and to prepare and file
the Report with the City Clerk in accordance with Chapter 1, Article 4 (commencing with
Section 22565) the Act; and
WHEREAS, the City Council has received the Report prepared in connection
with the District for Fiscal Year 2020-2021; and
WHEREAS, the City Council, after notice duly given as required by law, held a
public hearing on July 14, 2020 at 6:00 p.m., in the City Hall council chamber to
consider the proposed annual levy of assessments for the District; and
WHEREAS, the City Council has carefully examined and reviewed the Report as
presented and is satisfied that the assessments have been spread in accordance with
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the benefits received from the improvements, operation, maintenance and services to
be performed within the District; and
WHEREAS, the levy and collection of assessments shall be collected by the
County of San Bernardino for the City of Grand Terrace to pay the costs and expenses
of operating, maintaining and servicing of lighting facilities, landscaping, and the
appurtenant facilities and operations related thereto located within public places in the
City; and
WHEREAS, the Engineer selected by the City Council has prepared and filed
with the City Clerk, and the City Clerk has presented to the City Council, a Report,
including an assessment diagram for the District (“Diagram”), in connection with the
proposed levy and collection of assessments upon eligible parcels of land within the
District, and the City Council did by previous Resolution approve such Report; and
WHEREAS, the City Council conducted property owner protest ballot
proceedings relating to the levy and collection of annual assessments and assessment
range formula related thereto as described in the Engineer’s Report, in accordance with
and in compliance with the provisions of the California Constitution Article XIIID; and
WHEREAS, the City Council desires to levy and collect assessments against
parcels of land within the District for the Fiscal Year commencing July 1, 2020 and
ending June 30, 2021 in an amount not to exceed the maximum rate approved by the
voters, to pay the costs and expenses of operating, maintaining and servicing of lighting
facilities, landscaping, and the appurtenant facilities and operations related thereto
located within public places in the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF GRAND TERRACE, CALIFORNIA AS FOLLOWS:
Section 1. The preceding recitals are true and correct and incorporated herein
by this reference.
Section 2. The Report presented consists of the following:
a. A Description of the District and Improvements;
b. The territories and properties within the District;
c. The Annual Budget (Costs and Expenses of Services,
Operation and Maintenance); and
d. The method of apportionment for calculating the assessment
for each of the assessed parcels and/or a collection roll
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containing the proposed levy amount for each assessed
parcel within the District for Fiscal Year 2020-2021.
Section 3. The City Council hereby approves the Report and the assessments
contained therein and finds that the assessments so described comply with the
provisions of the California Constitution Article XIIID.
Section 4. This Report is hereby ordered to be filed in the Office of the City
Clerk as a permanent record and to remain available to public inspection. The City Clerk
shall certify to the passage and adoption of this Resolution, and the minutes of this
meeting shall so reflect the presentation and approval of the Report.
Section 5. The City Council determines that, upon the conclusion of the Public
Hearing, protests filed and not withdrawn, did not represent property owners being
obligated for more than fifty percent (50%) of the total assessments within the District.
Section 6. The City Council hereby confirms and adopts the diagram and
assessments as set forth and contained in the Engineer’s Report and orders the annual
levy of the assessment for the fiscal year and in the amounts as set forth in the
Engineer’s Report and as referred to in the Resolution of Intention as previously
adopted relating to said annual assessment levy.
Section 7. The City Council hereby affirms that the adoption of this Resolution
constitutes the levy of the assessment for fiscal year 2020-2021.
Section 8. The City Council hereby finds that the estimates of costs, the
assessment diagram, the assessment and all other matters, as set forth in Engineer’s
“Report”, pursuant to said “Landscaping and Street Lighting Act of 1972”, as submitted,
are hereby approved, adopted by this City Council and hereby confirmed.
Section 9. The City Council determines that the Maintenance works of
improvements contemplated by the Resolution of Intention shall be performed pursuant
to law and the County Auditor shall enter on the County Assessment Roll the amount of
the Assessment and said assessment shall then be collected at the same time and in
the same manner as the County Taxes are collected. After collection by said County,
the net amount of the assessment shall be paid to the City Treasurer of said City.
Section 10. The City Council hereby affirms that the City has previously
established a special fund known as the
SPECIAL FUND
CITY OF GRAND TERRACE
LANDSCAPING AND STREET LIGHTING DISTRICT NO. 89-1
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Into which the City shall place all monies collected by the Tax Collector pursuant
to the provision of this Resolution and law and including any surplus amounts in those
funds established for the existing Districts and said monies have been made available
to said City Treasurer.
Section 11. The City Clerk is hereby ordered and directed to file a certified copy
of the diagram and assessment roll with the County Auditor, together with a certified
copy of this Resolution upon its adoption.
Section 12. The certified copy of the assessment and diagram shall be filled in
the office of the City Engineer, with a duplicate copy on file in the Office of the City Clerk
and open for public inspection.
Section 13. The City Clerk shall certify to the passage and adoption of this
resolution.
Section 14. This Resolution shall take effect immediately.
PASSED, APPROVED AND ADOPTED by the City Council of the Grand
Terrace at a regular meeting held on the 14th day of July, 2020.
_____________________________
Darcy McNaboe
Mayor
ATTEST:
_________________________________
Debra L. Thomas
City Clerk
APPROVED AS TO FORM
______________________________
Adrian R. Guerra
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF GRAND TERRACE )
I, Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE,
CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution
No. 2020- ________ was duly passed, approved and adopted by the City Council,
approved and signed by the Mayor, and attested by the City Clerk, all at the regular
meeting of said City Council held on the 14th day of July, 2020, and that the same was
passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
EXECUTED this 14th day of July 2020, at Grand Terrace, California.
_________________________________
Debra L. Thomas
City Clerk
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AGENDA REPORT
MEETING DATE: July 14, 2020 Council Item
TITLE: Appoint Two (2) Planning Commission Members to Fill Two
New Four-Year Terms Expired June 30, 2020
PRESENTED BY: Debra Thomas, City Clerk
RECOMMENDATION: Conduct Planning Commission Interviews and Make
Appointments
2030 VISION STATEMENT
This action supports Our Mission: To preserve and protect our community and its
exceptional quality of life through thoughtful planning, within the constraints of fiscally
responsible government.
BACKGROUND:
The Planning Commission is a five-member Board appointed by the City Council and
serve four-year terms at the pleasure of the City Council (Municipal Code Chapter 2.16).
The terms alternate so that every two years at least two appointments are set to expire.
At the end of the 2019-20 fiscal year, Commissioners Ceseña and Alaniz’s terms
expired.
The Table below depicts the current composition and terms of the Commission:
Name Appointed Re-Appointed Term Ends
Chairman Edward Giroux 06/10/2014 07/10/2018 06/30/2022
Vice-Chair Jeremy Briggs 02/21/2019 -- 06/30/2022
Commissioner Tara Ceseña 06/10/2014 06/02/2016 06/30/2020
Commissioner Jeffrey McConnell 07/19/2018 -- 06/30/2022
Commissioner David Alaniz* 02/25/2020 -- 06/30/2020
*Appointed late term due to vacancy.
Commission members are eligible to seek reappointment to the Planning Commission.
DISCUSSION:
On May 15, 2020, staff advertised for the two (2) expiring terms on the Planning
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Commission and that advertisement ran from May 15, 2020 to June 15, 2020. As a
result, six (6) applications were received which have been attached to this report
(Attachment I). The applicants are as follows:
1. Tara Ceseña (reapplying)
2. David Alaniz (reapplying)
3. Ken H. Stewart
4. Brian Phelps
5. Rick Duarte
6. Christina Benjamin
Staff suggests the appointment process proceed as follows:
• Draw applicant names to determine the order of interview
• Staff provides City Council with questions to ask each applicant
• Staff provides City Council with ballot listing names of applicants
• Interview each applicant one-by-one, with the first interview beginning with the
first name drawn while the remaining applicants are sequestered in the
Community Room
• After interviews are complete, City Council select their top two applicants for
appointment via a ballot process
• Upon completion, Staff collects the ballots from the dais and reads aloud how
each Council Member voted and the applicants receiving the majority votes are
appointed.
FISCAL IMPACT:
There would be no additional fiscal impact created by this action. Planning
Commissioners are paid a stipend of $50.00 a month for attendance at a minimum of
one meeting, which would continue with the new appointments.
ATTACHMENTS:
• Attachment I - Applicant Applications_Redacted (PDF)
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APPROVALS:
Debra Thomas Completed 07/08/2020 4:13 PM
City Attorney Completed 07/08/2020 5:17 PM
Finance Completed 07/08/2020 5:51 PM
City Manager Completed 07/09/2020 12:43 PM
City Council Pending 07/14/2020 6:00 PM
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AGENDA REPORT
MEETING DATE: July 14, 2020 Council Item
TITLE: Second Reading and Adoption of Ordinance to Amend Title
18 of the Grand Terrace Municipal Code and Barton Road
Specific Plan to Regulate Uses Proposing Hours of
Operation Any Time Between 11:00 P.M. and 6:00 A.M., and
a Related Environmental Determination Pursuant to CEQA
Regulation Section 15061(B)(3)
PRESENTED BY: Haide Aguirre, Assistant Planner
RECOMMENDATION: Direct The City Attorney To Read The Title Of The
Ordinance, Waive Further Reading, And Adopt the proposed
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE, CALIFORNIA FINDING THAT ZONING
CODE AMENDMENT 20-01 AND BARTON ROAD
SPECIFIC PLAN AMENDMENT 20-01 ARE EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT PURSUANT TO SECTION 15061(B)(3) AND
AMENDING CHAPTER 18.06 (DEFINITIONS), CHAPTER
18.33 (C2 GENERAL BUSINESS DISTRICT) SECTION
18.33.020 (PERMITTED USES) AND SECTION 18.33.030
(CONDITIONALLY PERMITTED USES) OF TITLE 18 OF
THE GRAND TERRACE MUNICIPAL CODE AND
AMENDING BARTON ROAD SPECIFIC PLAN (TABLE I,
LAND USE MATRIX) TO ESTABLISH REQUIREMENTS
FOR BUSINESSES PROPOSING TO OPERATE AT ANY
TIME BETWEEN 11:00 PM AND 6:00 AM.
2030 VISION STATEMENT:
This staff report supports the City’s 2030 Vision Plan, Goal #3 to promote economic
development by preparing for future development by updating the zoning and
development codes.
BACKGROUND/DISCUSSION:
On June 23, 2020, the City Council conducted a public hearing on the attached
Ordinance and introduced it for adoption on the same date. In sum, the proposed
ordinance will establish regulations for businesses proposing hours of operation which
include any hours between 11:00 p.m. and 6:00 a.m.
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This Ordinance amends the following sections of the Municipal Code and the Barton
Road Specific Plan:
• Amend Title 18 (Zoning) Chapter 18.06 (Definitions) to include a definition for
“After-Hours Operations” and Chapter 18.33 (C2 General Business District)
Section 18.33.020 (Permitted Uses) and Section 18.33.030 (Conditionally
Permitted Uses) incorporating provisions for businesses proposing hours of
operation which include any hours between 11:00 p.m. and 6:00 a.m.
• Amend the Barton Road Specific Plan (BRSP) Table I, Land Use Matrix adding
requirements for businesses proposing hours of operation which include any
hours between 11:00 p.m. and 6:00 a.m.
• Existing businesses originally approved to operate any time between the hours of
11:00 p.m. to 6:00 a.m. prior to the effective approval date of this Ordinance,
shall be exempt from this review process.
No changes have been made to the proposed ordinance since its introduction. The
ordinance is now ready for second reading and adoption by the City Council.
The ordinance complies with state laws regarding categorical exemptions from CEQA
review pursuant to CEQA Guideline Section 15306(b)(3).
FISCAL IMPACT:
There is no fiscal impact relating to the adoption of this Ordinance.
ATTACHMENTS:
• ZCA 20-01, SPA 20-01_Ordinance (DOC)
• ZCA 20-01, SPA 20-01_Exhibit A (DOCX)
• ZCA 20-01, Exhibit B - Barton Road Specific Plan Amendments(DOCX)
• barton_road_specific_plan (PDF)
• Notice of Exemption (DOC)
APPROVALS:
Steven Weiss Completed 07/02/2020 2:51 PM
City Attorney Completed 07/08/2020 12:55 PM
Finance Completed 07/08/2020 6:05 PM
City Manager Completed 07/09/2020 7:37 AM
City Council Pending 07/14/2020 6:00 PM
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01247.0005/636135.2
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA FINDING THAT ZONING CODE AMENDMENT
20-01 AND BARTON ROAD SPECIFIC PLAN AMENDMENT 20-01 ARE
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
PURSUANT TO SECTION 15061(B)(3) AND AMENDING CHAPTER
18.06 (DEFINITIONS), CHAPTER 18.33 (C2 GENERAL BUSINESS
DISTRICT) SECTION 18.33.020 (PERMITTED USES) AND SECTION
18.33.030 (CONDITIONALLY PERMITTED USES) OF TITLE 18 OF THE
GRAND TERRACE MUNICIPAL CODE AND AMENDING BARTON
ROAD SPECIFIC PLAN (TABLE I, LAND USE MATRIX) TO ESTABLISH
REQUIREMENTS FOR BUSINESSES PROPOSING TO OPERATE AT
ANY TIME BETWEEN 11:00 PM AND 6:00 AM.
WHEREAS, the City of Grand Terrace (“City”) adopted a zoning code, which has
been amended from time to time; and
WHEREAS, pursuant to Sections 65800 and 65850 of the California Government
Code, the City may adopt ordinances to regulate the use of buildings in compliance with
the California Government Code; and
WHEREAS, this Ordinance proposes to amend the Municipal Code, Title 18
(Zoning), Chapter 18.06 (Definitions) to include a definition for “After-Hours Operations”
and Chapter 18-33 (C2-General Business District) to establish requirements for uses
proposing hours of operation at any time between 11:00 PM and 6:00 AM as set forth in
Exhibit A; and
WHEREAS, this Ordinance proposes to amend the Barton Road Specific Plan
(BRSP), Table I, Land Use Matrix, to include requirements for uses proposing hours of
operation at any time between 11:00 PM and 6:00 AM as set forth in Exhibit B; and
WHEREAS, Zoning Code Amendment 20-01 and Specific Plan Amendment 20-
01 are exempt from California Environmental Quality Act (CEQA) pursuant to Section
15061(b)(3) in that the activity is covered by the general rule that CEQA applies only to
projects, which have the potential for causing a significant effect on the environment.
The project will not have a significant effect on the environment because the
amendments only change administration procedures establishing requirements for
uses proposing hours of operation at any time between 11:00 PM and 6:00 AM as
within the BRSP and Municipal Code; and
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01247.0005/636135.2
WHEREAS, existing businesses permitted to operate any time between the
hours of 11:00 p.m. to 6:00 a.m. prior to the effective approval date of this Ordinance,
shall be exempt from the ACUP/CUP review process; and
WHEREAS, on May 21, 2020 the Planning Commission of the City of Grand
Terrace conducted a duly noticed public hearing at a regular meeting of the Planning
Commission on Zoning Code Amendment 20-01 and Specific Plan Amendment 20-01
at the Grand Terrace City Hall Council Chambers located 22795 Barton Road and
concluded the hearing by adopting a Resolution, voting unanimously 5-0,
recommending City Council approval; and
WHEREAS, on June 23, 2020, the City Council of the City of Grand Terrace
conducted a duly noticed public hearing on Zoning Code Amendment 20-01 and Barton
Road Specific Plan Amendment 20-01 at the Grand Terrace City Hall Council
Chambers located 22795 Barton Road; and
WHEREAS, on July 14, 2020, the City Council of the City of Grand Terrace
conducted adopted the proposed Ordinance; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have
occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY GRAND TERRACE DOES
ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby specifically finds that all the facts set forth
in the above Recitals, are true and correct.
SECTION 2. The City Council hereby finds that the Project is not subject to
environmental review pursuant to Section 15061(b)(3) of Title 14 of the California
Code of Regulations because the revisions are regulatory in nature and will not in
themselves create impacts to the environment.
SECTION 3. Based on substantial evidence presented to the City Council during
the public hearing, including public testimony, and written and oral staff reports, the City
Council specifically finds as follows:
1. Zoning Code Amendment 20-01 and Specific Plan Amendment 20-01 will
not be detrimental to the health, safety, morals, comfort, or general welfare
of the persons residing or working within the neighborhood of the proposed
amendment or injurious to property or improvements in the neighborhood or
within the City because these amendments establish an Administrative
Conditional Use Permit review process for uses permitted by right within the
Zoning Districts proposing to operate at any time between 11:00 PM and
6:00 AM. Uses proposing such hours of operations will be reviewed to
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01247.0005/636135.2
determine the inclusion of conditions and requirements to prevent adverse
impacts to the quality of life of adjacent properties, such as noise, trash,
loitering, and impose requirements such as overnight security, adequate
lighting, and building maintenance.
2. Zoning Code Amendment 20-01 and Specific Plan Amendment 20-01 are
consistent with the General Plan and the Barton Road Specific Plan
because an Administrative Conditional Use Permit process gives the City
authority to issue and revoke a conditional use permit in order to ensure the
community’s health, safety, and welfare by conditionally approving uses
with necessary protection so objectionable or undesirable effects upon
nearby uses are addressed, compatible with the property’s zoning.
SECTION 4. Based upon the above findings and determinations, the City Council
finds the Project exempt from CEQA pursuant to section 15061(b)(3).
SECTION 5. Title 18 (Zoning) of the Grand Terrace Municipal Code and the
Barton Road Specific Plan are hereby amended as contained in Exhibit A and Exhibit B
respectively, attached hereto and incorporated herein by reference.
SECTION 6. Inconsistencies. Any provision of the Grand Terrace Municipal
Code or appendices thereto inconsistent with the provisions of this Ordinance, to the
extent of such inconsistencies and no further, is hereby repealed or modified to that
extent necessary to affect the provisions of this Ordinance.
SECTION 7. Severability. Should any provision of this Ordinance, or its
application to any person or circumstance, be determined by a court of competent
jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall
have no effect on any other provision of this Ordinance or the application of this
Ordinance to any other person or circumstance and, to that end, the provisions hereof
are severable. The City Council of the City of Grand Terrace declares that it would have
adopted all the provisions of this ordinance that remain valid if any provisions of this
ordinance are declared invalid.
SECTION 8. Effective Date. This Ordinance shall become effective thirty (30)
days from and after its adoption.
SECTION 9. First read at a regular meeting of the City council held on the 23rd day
of June 2020.
SECTION 10. Certification. The Mayor shall sign, and the City Clerk shall certify
to the passage and adoption of this Ordinance and shall cause the same to be
published and posted pursuant to the provisions of law in that regard and this Ordinance
shall take effect 30 days after its final passage.
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01247.0005/636135.2
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand
Terrace at a regular meeting held on the 14th day of July 2020.
__________________________
Darcy McNaboe, Mayor
ATTEST:
Debra L. Thomas, City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra City Attorney
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EXHIBIT A
TITLE 18- ZONING
ZONING CODE AMENDMENT 20-01
Chapter 18-06 (Definition) of Title 18 (Zoning) of the Grand Terrace Municipal Code
is amended by adding Section 18.06.032 as follows:
18.06.032 – After-Hours Operation.
"After-Hours Operation" means any use that has hours of operation at any time between
11:00 PM and 6:00 AM.
Section 18.33.020 (Permitted Uses) of Chapter 18.33 (C2 General Business
District) of Title 18 (Zoning) of the Grand Terrace Municipal Code is amended as
follows:
18.33.020 - Permitted uses.
Permitted uses in the C2 district shall be as follows:
1. Antique shops;
2. Apparel stores;
3. Appliance stores and repair;
4. Art, music and photographic studios and supply stores;
5. Athletic and health clubs and weight-reducing clinics;
6. Automotive related services (includes motorcycles, boats, recreational vehicles,
trailers and campers): parts and supplies;
7. Bakeries (retail only);
8. Barber and beauty shops;
9. Bicycle shops;
10. Book, gift and stationary stores (other than adult related material);
11. Camera shop and film processing services;
12. Candy and confectionery stores (retail only);
13. Carpet and floor covering stores;
14. China and glassware stores;
15. Cleaning and pressing establishments;
16. Computer and software stores;
17. Convenience stores;
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a. After-Hours Operation as defined by Section 18.06.032. ª
18. Curtain and drapery shops;
19. Delicatessens and specialty food stores;
20. Drug stores and pharmacies;
a. After-Hours Operation as defined by Section 18.06.032. ª
21. Florist shops;
22. Furniture stores;
23. Grocery stores and supermarkets;
a. After-Hours Operation as defined by Section 18.06.032. ª
24. Hardware stores;
25. Hobby and craft shops;
26. Ice cream and yogurt shops;
27. Jewelry stores;
28. Laundry (self-service);
29. Leather goods and luggage stores;
30. Liquor stores;
31. Nurseries and garden supply stores;
32. Office supplies store;
33. Paint, glass and wallpaper stores;
34. Pet shops;
35. Printing, blueprinting and reproduction services;
a. After-Hours Operation as defined by Section 18.06.032. ª
36. Record, tape and video stores (sales and rental);
37. Restaurants:
a. With the incidental serving of beer and wine (without a cocktail lounge, bar,
entertainment or dancing);
b. Fast food (without a drive-thru);
c. After-Hours Operation as defined by Section 18.06.032. ª
38. Shoe stores (sales and repair);
39. Sporting goods stores;
40. Tailor shops;
41. Television, radio, VCR, stereo and CD component stores (sales and repair);
42. Toy stores;
43. Variety department stores;
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01247.0005/636118.2
44. Watch and clock shops (sales and repair);
45. Yardage goods stores;
46. Other uses which are determined by the planning commission to be similar in
nature to a use listed in this section;
47. Temporary uses which are determined by the community development director
not to have significant long-term impact on the environment. (Uses such as
parking lot sales, Christmas tree sales, seasonal sales, rummage sales, and
others with review through the land use approval or administrative site and
architectural approval process in accordance with Chapter 18.63, Site and
Architectural Review.)
Footnotes:
a.
A proposed After-Hours Operation use shall comply with the requirements of
Chapter 18.84 – Administrative Conditional Use Permit subject to review and
approval by the Planning and Development Services Director. The Planning and
Development Services Director may impose Conditions of Approval specific to
After-Hours Operations, including, but not limited to, those conditions relating to
parking, security, lighting, noise, and property maintenance.
A proposed After-Hours Operation use in excess of 2,000 square feet shall require
compliance with a Conditional Use Permit pursuant of Chapter 18.83 – Conditional
Use Permits subject to review and approval by the Planning Commission.
The Planning and Development Services Director shall determine whether a use not
specifically permitted to operate as an After-Hours Operation is a permitted use or
conditionally permitted use in the C2 General Business District on the basis of
similarity to uses specifically permitted to operate as an After-Hours Operation.
Application for determination of such similar uses shall be made in writing to the
Planning and Development Services Director in the form provided by the Planning
and Development Services Director and shall include a detailed description of the
proposed use and such other information as may be required by the Planning and
Development Services Director to facilitate the determination. Such application shall
also include payment for such application fees as may be adopted by Resolution of
the City Council. The determination of the Planning and Development Services
Director shall be appealable to the Planning Commission and the determination of
the Planning Commission shall be appealable to the City Council. The determination
by the City Council shall be final.
Existing businesses permitted to operate any time between the hours of 11:00 p.m.
and 6:00 a.m. prior to the effective approval date of this Ordinance, shall be exempt
from the Administrative Conditional Use Permit process.
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Section 18.33.030 (Conditional Permitted Uses) of Chapter 18.33 (C2 General
Business District) of Title 18 (Zoning) of the Grand Terrace Municipal Code is
amended as follows:
18.33.030 - Conditionally permitted uses.
Uses permitted in the C2 district with a conditional use permit shall be as follows:
A. Automotive related services (includes motorcycles, boats, recreational vehicles,
trailers and campers):
1. Rentals,
2. Sales (new and used vehicles),
3. Service stations;
B. Day care centers;
C. Motels and hotels;
1. After-Hours Operation as defined by Section 18.06.032. ª
D. Restaurants;
1. With entertainment and/or serving of alcoholic beverages (other than beer and
wine),
2. Fast food (with a drive-thru);
3. After-Hours Operation as defined by Section 18.06.032. ª
E. Secondhand sales;
F. Veterinary clinic (completely contained in a building);
1. After-Hours Operation as defined by Section 18.06.032. ª
G. Other uses which are determined by the planning commission to be similar in
nature to a use listed in this section;
H. Outdoor displays/uses shall take place in front of business on site, which have
been approved with a conditional use permit. Under special circumstances
outdoor uses/displays are allowed without conditional use permits during two
citywide events (the Grand Terrace Days in June and Tour De Terrace Bike Event
in October), and in connection with business grand openings. Temporary special
event permits will be required for display of associated balloons, banners and
special event signs.
Footnote:
a A Conditional Use Permit for a use proposing an After-Hours Operation shall be
required pursuant to Chapter 18.83 – Conditional Use Permits. The Planning
Commission may impose Conditions of Approval specific to a use proposing an After-
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Hours Operation, but not limited to, conditions relating to parking, security, lighting,
noise, and property maintenance.
Existing businesses permitted to operate any time between the hours of 11:00 p.m.
to 6:00 a.m. prior to the effective approval date of this Ordinance, shall be exempt
from the Conditional Use Permit review process.
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01247.0005/636129.1
EXHIBIT B
BARTON ROAD SPECIFIC PLAN (BRSP)
SPECIFIC PLAN AMENDMENT 20-01
Table I, Land Use Matrix of the Barton Road Specific Plan is amended as follows:
TABLE I, LAND USE MATRIX
General
Commercial
Village
Commercial
Office/
Professional
1. Retail
Commercial
Uses
PA 1 PA 2 PA 3
Ambulance Services C(5)
Antique Shops P P
Apparel Stores P P
Appliance Stores and Repair P P
Art, Music, and
Photographic Studios and
Supply Stores
P
P
P
Auditoriums C
Athletic and Health Gyms
and Weight Reducing
Clinics
P
C
C
Auto Service Station P C (4)
Auto Related (including
motorcycles, boats,
trailers, campers):
a) Sales (with ancillary
repair facilities in a
totally enclosed area)
b) Rentals
c) Parts and Supplies
P
P
P
P
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d) Repair
Bakeries (retail only) P P
Barber and Beauty Shops P P P
Bicycle Shops P P P
Blueprint and Photocopy
Services
P P P
Boats Sales C
Book & Stationary Stores
(other than adult related
material)
P
P
P
Bowling Alleys C
Camera Shop (including
processing)
P P P
Candy and Confectioneries C P P
Car Washes C
Catering Services P C
China and Glassware Stores P P
Cleaning & Pressing
Establishments
C C C
Convenience Stores
a) After-Hours Operation as
defined by Grand Terrace
Municipal Code Section
18.06.032. (5)
P
C(5)
P
C(5)
C
C(5)
Costume Design Studios P
Curtain and Drapery Shops P P
Day Care Centers C C C
Delicatessens / Specialty
Food Stores
P P P
Department Stores P P
Drug Stores and Pharmacies
a) After-Hours Operation as
defined by Grand Terrace
Municipal Code Section
18.06.032. (5)
P
C(5)
P
C(5)
P
C(5)
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Equipment/Party Rental P
Farmers Markets P P
Feed and Grain Sales P
Floor Covering Shops P
Florist Shops P P P
Food Markets
a) After-Hours Operation as
defined by Grand Terrace
Municipal Code Section
18.06.032. (5)
P
C(5)
P
C(5)
Furniture Stores P P
Garden Supply Stores P C
Gift Shops P P P
Hardware Stores P C
Health Centers P C C
Hobby and Craft Shops P P P
H Household Goods P P
Hotels/Motels C(5)
Ice Creams and Yogurt Shops P P P
Ice Sales P
Jewelry Stores P P P
Laundry (Self Service) P P P
Leather Goods and Luggage
Stores
P P
Liquor Stores P (3) P
Locksmiths Shops P P P
Mail Order Businesses P P
Message Centers and P.O.
Boxes
P P P
Mobile Home Sales C
Music, Dance, and Exercise
Studios
C(5) C(5) C(5)
Notions or Novelty stores P P
Nurseries & Garden Supply
Stores within enclosed area
P
C
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Office, Bus. Machine Sale &
Repair
P P P
Pawn Shops C
Computer & Software Stores P P P
Paint, Glass, and Wallpaper
Stores
P
Pet Shops P P P
Recycling Collection Services C C
Record, Tape, & video Stores
(including rental)
P
P
P
Restaurants (sit down):
a) With entertainment and/or
serving of alcoholic
beverages
b) Incidental serving of beer
and wine (without a
cocktail lounge, bar,
entertainment, or dancing)
c) Fast Food: without drive-
thru
d) Fast Food: with drive-thru
e) After-Hours Operation as
defined by Grand Terrace
Municipal Code Section
18.06.032. (5)
P
P
P
P
C(5)
P
C
C
C
C(5)
C
C
C
C
C(5)
Schools, Business &
professional
C C C
Shoe Stores, Sale and Repair P P P
Smoke Shops P P
Sporting Goods Stores P P
Stained Glass Assembly P
Supermarkets
a) After-Hours Operation as
defined by Grand Terrace
Municipal Code Section
18.06.032. (5)
P
C(5)
P
C(5)
Tailor Shops P P P
Television, Radio, VCR,
Stereo, and CD Component
Sales
P
P
Tire Stores P
Toy Stores P P
Travel Agencies P P P
Variety Department Stores,
Junior Department Stores
P
P
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Veterinary (domestic, non-
boarding)
C(5)
Watch and Clock Repair
Stores
P P P
Yardage Goods Stores P P
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TABLE I, LAND USE MATRIX (cont.)
General
Commercial
Village
Commercial
Office/
Professional
2. Entertainment and
Cultural Uses
PA 1 PA 2 PA 3
Cultural / Artist Exhibits:
a. Indoor gallery and art sales
b. Outdoor art exhibits
P
C
P
C
Movie theaters P
3. Office and
Administrative Uses
Banks, Finance Services and
Institutions
P
P
P
Business and Office Services P P P
Interior Decorating Firms P P P (2)
Medical / Dental Offices and Related
Health Clinics
P
P
P
Medical Laboratories P P P
Optician and Optometric Shops P P P
Realtors and Real Estate Offices P P P
Travel Agencies P P P
4. Public and Quasi
Public Uses
Government Offices and Facilities C C C
Public Schools P
Churches C P
Private Schools Associated with a
Church and located on same site
C P
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01247.0005/636129.1
Notes:
(1) Outdoor displays/uses shall take place in front of business on site, which have been approved
with a conditional use permit. Under special circumstances, outdoor uses/ displays are allowed
without conditional use permits (refer to Development Regulations).
(2) Permitted with no showroom facilities.
(3) Conditional permit required for off sale of alcoholic beverages within 500 feet of a school.
(4) An auto service station featuring the sales of gasoline with a convenience food market is
permitted with the approval of a Conditional Use Permit by the Planning Commission at the
southwest corner of Barton Road and Mount Vernon Avenue only.
(5) A proposed After-Hours Operation use shall comply with the requirements of Chapter 18.84 –
Administrative Conditional Use Permit subject to review and approval by the Planning and
Development Services Director. Conditions of Approval specific to After-Hours Operations
may be assigned, including but not limited to parking, security, lighting, noise, and property
maintenance. A proposed After-Hours Operation use in excess of 2,000 square feet shall
require compliance with a Conditional Use Permit pursuant of Chapter 18.83 – Conditional
Use Permits subject to review and approval by the Planning Commission.
For other uses proposing After-Hours Operations that are not identified on Table I Land use
Matrix, the Planning and Development Services Director shall determine whether such use is
a permitted use or conditionally permitted use on the basis of similarity to uses specifically
permitted to operate as After-Hours Operations. Application for determination of such similar
uses shall be made in writing to the Planning and Development Services Director in the form
provided by the Planning and Development Services Director and shall include a detailed
description of the proposed use and such other information as may be required by the Planning
and Development Services Director to facilitate the determination. Such application shall also
include payment for such application fees as may be adopted by Resolution of the City Council.
The determination of the Planning and Development Services Director shall be appealable to
the Planning Commission and the determination of the Planning Commission shall be
appealable to the City Council. The determination by the City Council shall be final.
(6) Existing businesses permitted to operate any time between the hours of 11:00 p.m. to 6:00 a.m.
prior to the effective approval date of this Ordinance, shall be exempt from the Administrative
Conditional Use Permit/Conditional Use Permit process.
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BARTON RD.
BART
O
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.
PALM AVE.
MT
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Specific Plan Area Map
Barton Road Specific Plan City of
Grand Terrace
Community Development Department, August 9, 2011.
This map is for reference only. For detailed information, please consult with the Community Development Department.
Planning Area:
Specific Plan Area
Exhibit 1
3
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C:\users\dthomas\appdata\roaming\iqm2\minutetraq\grandterracecityca@grandterracecityca.iqm2.com\work\attachments\6226.doc
22795 Barton Road, Grand Terrace, California, 92313-5295 909/824-6621 Fax 909/783-2600
CITY OF GRAND TERRACE
NOTICE OF EXEMPTION
TO: Clerk of the Board of Supervisors FROM: Planning and Development
County of San Bernardino Services Department
385 N. Arrowhead Avenue, 2nd Floor City of Grand Terrace
San Bernardino, CA 92415-0130 22795 Barton Road
Grand Terrace, CA 92313
Project Title: Zoning Code Amendment 20-01 and Specific Plan Amendment 20-01
Project Location – Specific: City Wide
Description of Project: amendment to the Grand Terrace Municipal Code by Amending Title
18 (Zoning) Chapter 18.33 (C2 General Business District) Section 18.33.020 (Permitted
Uses) and Section 18.33.030 (Conditionally Permitted Uses) and amending the Barton Road
Specific Plan, Table I, Land Use Matrix
Name of Public Agency Approving Project: Grand Terrace City Council
Name of Person or Agency Carrying out Project: City of Grand Terrace
Exempt Status: California Code of Regulations, Title 14, Section 15061(b)(3)
Reasons Why Project is Exempt: Zoning Code Amendment 19-01 is exempt from California
Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3), in that the activity is
covered by the general rule that CEQA applies only to projects, which have the potential for
causing a significant effect on the environment. The proposed amendment will not have any
effects on the environment because the proposed amendment only changes administration
procedures by expanding the minimum public hearing notification requirements.
Lead Agency or Contact Person: Area Code/Telephone
(909) 824-6621
______________________________ _________________
Steven A. Weiss, AICP Date
Planning and Development Services
Director
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AGENDA REPORT
MEETING DATE: July 14, 2020 Council Item
TITLE: Approval of Professional Services Agreements for Interim
Public Works Services and On-Call Engineering Services
PRESENTED BY: G. Harold Duffey, City Manager
RECOMMENDATION: 1. Approve a Professional Services Agreement for
Interim Public Works Services with Interwest Consulting
Group (maximum compensation of $150,000);
2. Approve Professional Services Agreements with
Interwest Consulting Group, TKE Engineering, Inc., and
Willdan Group for On-Call Engineering Services (maximum
compensation of $50,000 each);
3. Authorize the appropriation from Fund Balance from
the following funds to provide funding for the on-call
engineering services contracts for Interwest Consulting
Group, TKE Engineering, Inc., and Willdan Group as follows:
a) Gas Tax Fund - $50,000;
b) Measure “I” Fund - $50,000;
c) Spring Mtn Ranch Mitigation - $50,000; and
3. Authorize the Mayor to Execute All Approved
Agreements Subject to City Attorney Approval As to Form.
2030 VISION STATEMENT:
This staff report supports the Mission to preserve and protect our community and its
exceptional quality of life through thoughtful planning, within the constraints of fiscally
responsible government. It also supports our Core Values by continuing to provide
exceptional customer service to the residents of the City of Grand Terrace.
BACKGROUND:
In 2016, the City Council approved the reorganization of the former Community
Development Department and created two (2) separate departments: Planning and
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Development Services and the Public Works Department. Prior to 2016, the Community
Development Department was responsible for delivering the following core services:
Planning and Development Services Public Works and Engineering
Planning and Land Use Public Works
Building and Safety Engineering
Code Enforcement Streets (lights, signals, and repair)
Animal Control Infrastructure
Rental Housing Inspection Parks and Facilities Maintenance
Planning Commission Solid Waste Administration
The Department consisted of approximately twelve (12) people, eight (8) within
Planning Services and four (4) delivering Public Works Services. While Planning and
Development Services requires constant contact with the public to process land use,
planning and enforcement, a significant portion of Public Works services efforts are
geared toward maintenance, development review, and contract management
(Attachment I).
Today the Public Works Department is clearly focused on the development of new
infrastructure, maintenance of existing infrastructure and management of Public Works
Consultant Services (Attachment II). The Public Works Department is in a unique
position, as a significant number of projects are funded by special funds and grants,
which are not subject to general fund fluctuations. Therefore, Public Works project
delivery is contingent on adequate staff resources and not budget constraints.
DISCUSSION:
The 2020-21 budget shows a reorganized Public Works Department, with a focus on
infrastructure and capital improvement projects. For the interim, Park Maintenance
services was transferred over to Planning and Development Services and the Public
Works Director position was changed to Senior Engineer, to focus on the timely delivery
of infrastructure projects and management of consultant contracts.
On June 19, 2020, the former Public Works Director/Senior Engineer, resigned for a
new position in the City of Upland, creating an opportunity for the City to further
advance its goal to expedite infrastructure development projects by utilizing engineering
consultant firms to deliver a full array of Public Works Services within the constraints of
our existing budget. A significant part of Public Works Services consists of managing
consultants in the development and maintenance of key Public Works Infrastructure.
The Senior Engineer was given an assignment to develop an RFP to solicit engineering
services to help the City expedite infrastructure projects that are fully funded but lack
staff resources to advance projects. The City can utilize engineering consultants on an
as-needed basis, which affords the City an opportunity to access resources without a
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long-term commitment. In the past, the City utilized this process for special services;
this approach will allow resources to be on standby. None of the tasks associated with
on-call engineering services can be performed by any city represented positions
(classified city positions). The request for on-call services will be for specialized services
that require project management oversight teams.
Once it was announced that the Senior Engineering position would be vacant, the RFP
was modified to request engineering firms include services for Public Works/Senior
Engineering staff support for a maximum of 30 hours per week. The following
companies responded to the City’s RFP: HR Green, Interwest Consulting Group, TKE
Engineering, Inc., and Willdan Group.
The 2020-21 budget, including funding for a Senior Engineer at a total salary and
benefits of approximately $151,000, will fund the Interim Public Works Director position
and provide the following services as detailed in the contract’s Scope of Services
(Exhibit B):
• Project Management.
• Traffic Engineering.
• Transportation Planning; and
• Construction Management.
Staff recommends the City Council approve a professional services agreement with
Interwest Consulting Group (Interwest) to provide personnel to function as the Interim
Public Works Director. Interwest offered staff resources with direct public sector
experience serving in senior and executive management positions with public agencies
throughout California. The City’s past experience with Interwest was positive, as they
provided exceptional engineering services in past contracts. The scope of services was
developed to in consideration of the City’s needs and the City’s desire to deliver
infrastructure projects and contract compliance from consultants and contractors.
In addition, staff is recommending that the Council approve agreements with Interwest
(will be incorporated into new contract) TKE Engineering, Inc. (TKE) and Willdan
Group (Willdan) for on-call engineering services. Staff is confident that securing on-
call engineering services will allow projects to be expedited. All three contractors were
offered an opportunity to provide on-call engineering services at a City negotiated rate.
Interwest, TKE and Willdan agreed to accept the City’s rate sheet (Attachment III).
These services are specialized in nature and are not ones generally performed by City
staff given the City’s staffing levels. The utilization of engineering services is
contingent upon non-general fund sources (Attachment IV). The engineering contracts
are capped at $50,000 annually and the contracts are for a two-year term and a one-
year renewal. The engineering resources will only be utilized on existing or new
projects approved by Council.
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FISCAL IMPACT:
Funding for the agreement with Interwest for the Interim Public Works Director will be
derived from the salary savings from the vacant and funded Public Works position as
follows:
Description General Fund Gas Tax Fund Grants Total
InterWest $52,850 $83,050 $15,100 $151,000
Funding for the on-call engineering services contracts will be funded as follows:
Fund
Beginning
Balance
Proposed
Appropriation
Ending
Balance
Gas Tax Fund $121,842 ($50,000) $71,842
Measure “I” Fund $184,097 ($50,000) $134,097
Spring Mountain Ranch
Mitigation Fund $809,621 ($50,000) $759,621
TOTAL $1,115,560 ($150,000) $964,939
ATTACHMENTS:
• Attachment I - Summary of Funded Positions (PDF)
• Attachment II - Public Works Priority Projects 2020-2021 (PDF)
• Attachment III - Interwest Rate Sheet Response to RFQ (PDF)
• Attachment IV - Fund Balances as of end of 2019 (PDF)
• Attachment V - Interwest for Interim Public Works Director Agreement (2020)
(DOCX)
• Attachment VI - Interwest for On-Call Engineering Services (DOCX)
• Attachment VII - Grand Terrace - TKE for On-Call Engineering Services
(DOCX)
• Attachment VIII - Willdan for On-Call Engineering Services (DOCX)
APPROVALS:
G. Harold Duffey Completed 07/08/2020 6:00 PM
City Attorney Completed 07/09/2020 5:32 PM
Finance Completed 07/09/2020 6:20 PM
City Manager Completed 07/09/2020 6:21 PM
City Council Pending 07/14/2020 6:00 PM
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Packet Pg. 239
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Packet Pg. 243
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Packet Pg. 246
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Packet Pg. 257
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Packet Pg. 259
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01247.0006/656471.6 7/9/2020
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF GRAND TERRACE
and
INTERWEST CONSULTING GROUP, INC.
for
INTERIM PUBLIC WORKS DIRECTOR AND SENIOR ENGINEER SERVICES
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AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF GRAND TERRACE AND
INTERWEST CONSULTING GROUP, INC. FOR
INTERIM PUBLIC WORKS DIRECTOR AND SENIOR ENGINEER SERVICES
This “AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY
OF GRAND TERRACE AND INTERWEST CONSULTING GROUP, INC. FOR INTERIM
PUBLIC WORKS DIRECTOR AND SENIOR ENGINEER SERVICES” (herein “Agreement”)
is made and entered into this ____ day of ________, 2020 by and between the City of Grand
Terrace, a California municipal corporation (“City”) and Interwest Consulting Group, Inc.
(“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party”
and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Qualifications, the performance of
the services defined and described particularly in Article 1 of this Agreement.
B. Parties desire to formalize the selection of Consultant for performance of those
services defined and described particularly in Article 1 of this Agreement and desire that the terms
of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the
Parties and contained herein and other consideration, the value and adequacy of which are hereby
acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide
those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated
herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Consultant represents and
warrants that it has the qualifications, experience, and facilities necessary to properly perform the
services required under this Agreement in a thorough, competent, and professional manner, and is
experienced in performing the work and services contemplated herein. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all services
described herein. Consultant covenants that it shall follow the highest professional standards in
performing the work and services required hereunder and that all materials will be both of good
quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest
professional standards” shall mean those standards of practice recognized by one or more first-
class firms performing similar work under similar circumstances.
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1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement
shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in
accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as
may be required by law for the performance of the services required by this Agreement. Consultant
shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties
and interest, which may be imposed by law and arise from or are necessary for the Consultant’s
performance of the services required by this Agreement, and shall indemnify, defend and hold
harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes,
penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant’s risk until written instructions are
received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish
continuous protection to the work, and the equipment, materials, papers, documents, plans, studies
and/or other components thereof to prevent losses or damages, and shall be responsible for all such
damages, to persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City’s own negligence.
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01247.0006/656471.6 7/9/2020
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1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all instruments,
prepare all documents and take all actions as may be reasonably necessary to carry out the purposes
of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of
the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or
make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work,
and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written
approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the
Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty
(180) days, may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively, must be approved by the City Council. It is expressly understood by
Consultant that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to
be provided pursuant to the Scope of Services may be more costly or time consuming than
Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.
City may in its sole and absolute discretion have similar work done by other consultants. No
claims for an increase in the Contract Sum or time for performance shall be valid unless the
procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein
by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other
provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for actual
expenses, shall not exceed One Hundred Fifty Thousand Dollars ($150,000) (the “Contract Sum”),
unless additional compensation is approved pursuant to Section 1.8.
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2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services, less
contract retention; (iii) payment for time and materials based upon the Consultant’s rates as
specified in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not
exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and
expenses incurred during the preceding month in a form approved by City’s Director of Finance.
By submitting an invoice for payment under this Agreement, Consultant is certifying compliance
with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual
expenses by the following categories: labor (by sub-category), travel, materials, equipment,
supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such
categories. Consultant shall not invoice City for any duplicate services performed by more than
one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed
invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures,
the City cannot guarantee that payment will occur within this time period. In the event any charges
or expenses are disputed by City, the original invoice shall be returned by City to Consultant for
correction and resubmission. Review and payment by City for any invoice provided by the
Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable
law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed
to waive any defects in work performed by Consultant.
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01247.0006/656471.6 7/9/2020
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in the
“Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires,
earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency, including the City, if the Consultant shall
within ten (10) days of the commencement of such delay notify the Contract Officer in writing of
the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and
extend the time for performing the services for the period of the enforced delay when and if in the
judgment of the Contract Officer such delay is justified. The Contract Officer’s determination
shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be
entitled to recover damages against the City for any delay in the performance of this Agreement,
however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this
Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding six (6)
months from the date hereof. Upon expiration of this initial six (6) month term, or any subsequent
term, this Agreement shall be automatically extended for succeeding terms of one (1) month each
unless the City provides written notice to Consultant at least 14 days prior to the expiration of any
term of the City’s intention not to extend the term of this Agreement.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the work
specified herein and make all decisions in connection therewith:
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James G. Ross Public Works Group Leader
(Name) (Title)
Manuel Gomez Project Manager
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only competent personnel to perform services pursuant to this Agreement. Consultant shall make
every reasonable effort to maintain the stability and continuity of Consultant’s staff and
subcontractors, if any, assigned to perform the services required under this Agreement. Consultant
shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to
perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees
or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to
City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the City Manager such person as may be designated by the
City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept
informed of the progress of the performance of the services and the Consultant shall refer any
decisions which must be made by City to the Contract Officer. Unless otherwise specified herein,
any approval of City required hereunder shall mean the approval of the Contract Officer. The
Contract Officer shall have authority, if specified in writing by the City Manager, to sign all
documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or
means by which Consultant, its agents or employees, perform the services required herein, except
as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or
control of Consultant’s employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Consultant shall perform all services required herein as an
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independent contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents or employees
of City. City shall not in any way or for any purpose become or be deemed to be a partner of
Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with
Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written approval of City. Transfers restricted hereunder shall include the transfer
to any person or group of persons acting in concert of more than twenty five percent (25%) of the
present ownership and/or control of Consultant, taking all transfers into account on a cumulative
basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this
Agreement shall be void. No approved transfer shall release the Consultant or any surety of
Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form and
content satisfactory to City, during the entire term of this Agreement including any extension
thereof, the following policies of insurance which shall cover all elected and appointed officers,
employees and agents of City:
(a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A
policy of comprehensive general liability insurance written on a per occurrence basis for bodily
injury, personal injury and property damage. The policy of insurance shall be in an amount not
less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general
aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance. A policy of worker’s compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or
damage arising from any injuries or occupational diseases occurring to any worker employed by
or any persons retained by the Consultant in the course of carrying out the work or services
contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and
endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance
written on a per occurrence for bodily injury and property damage in an amount not less than
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$1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any
automobile.
(d) Professional Liability. Professional liability insurance appropriate to the
Consultant’s profession. This coverage may be written on a “claims made” basis, and must include
coverage for contractual liability. The professional liability insurance required by this Agreement
must be endorsed to be applicable to claims based upon, arising out of or related to services
performed under this Agreement. The insurance must be maintained for at least 5 consecutive
years following the completion of Consultant’s services or the termination of this Agreement.
During this additional 5-year period, Consultant shall annually and upon request of the City submit
written evidence of this continuous coverage.
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City,
its elected and appointed officers, employees and agents as additional insureds and any insurance
maintained by City or its officers, employees or agents may apply in excess of, and not contribute
with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and
contribution it may have against the City, its officers, employees and agents and their respective
insurers. Moreover, the insurance policy must specify that where the primary insured does not
satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or
cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice
by certified mail return receipt requested to the City. In the event any of said policies of insurance
are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance
in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Consultant has
provided the City with Certificates of Insurance, additional insured endorsement forms or
appropriate insurance binders evidencing the above insurance coverages and said Certificates of
Insurance or binders are approved by the City. City reserves the right to inspect complete, certified
copies of and endorsements to all required insurance policies at any time. Any failure to comply
with the reporting or other provisions of the policies including breaches or warranties shall not
affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate
endorsement) and shall conform to the following “cancellation” notice:
CANCELLATION:
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY
ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed] ______________
Consultant Initials
City, its respective elected and appointed officers, directors, officials, employees, agents
and volunteers are to be covered as additional insureds as respects: liability arising out of activities
Consultant performs; products and completed operations of Consultant; premises owned, occupied
or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The
coverage shall contain no special limitations on the scope of protection afforded to City, and their
respective elected and appointed officers, officials, employees or volunteers. Consultant’s
insurance shall apply separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer’s liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At
the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects City or its respective elected or appointed officers, officials, employees and
volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related
investigations, claim administration, defense expenses and claims. The Consultant agrees that the
requirement to provide insurance shall not be construed as limiting in any way the extent to which
the Consultant may be held responsible for the payment of damages to any persons or property
resulting from the Consultant’s activities or the activities of any person or persons for which the
Consultant is otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as
provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with
Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall
require the subcontractor to maintain the same policies of insurance that the Consultant is required
to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to
City.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold
and save them and each of them harmless from, any and all actions, either judicial, administrative,
arbitration or regulatory claims, damages to persons or property, losses, costs, penalties,
obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or
liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein of
Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity
for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’
reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance
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of or failure to perform any term, provision, covenant or condition of this Agreement, and in
connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of
said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s
fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection with
the negligent performance of or failure to perform such work, operations or activities of Consultant
hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees
harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorney’s
fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it
fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted
by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that
design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of
the negligence, recklessness or willful misconduct of the design professional. The indemnity
obligation shall be binding on successors and assigns of Consultant and shall survive termination
of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies
qualified to do business in California, rated “A” or better in the most recent edition of Best Rating
Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category
Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk
Manager”) due to unique circumstances. If this Agreement continues for more than 3 years
duration, or in the event the risk manager determines that the work or services to be performed
under this Agreement creates an increased or decreased risk of loss to the City, the Consultant
agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt
of written notice from the Risk Manager.
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ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts,
invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the “books and records”), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete and
detailed. The Contract Officer shall have full and free access to such books and records at all times
during normal business hours of City, including the right to inspect, copy, audit and make records
and transcripts from such records. Such records shall be maintained for a period of three (3) years
following completion of the services hereunder, and the City shall have access to such records in
the event any audit is required. In the event of dissolution of Consultant’s business, custody of the
books and records may be given to City, and access shall be provided by Consultant’s successor
in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in
providing access to the books and records if a public records request is made and disclosure is
required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of
work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees
that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or
will materially increase or decrease the cost of the work or services contemplated herein or, if
Consultant is providing design services, the cost of the project being designed, Consultant shall
promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the “documents and materials”),
including any electronic documents and materials, prepared by Consultant, its employees,
subcontractors and agents in the performance of this Agreement shall be the property of City and
shall be delivered to City in a format of the City’s choice upon request of the Contract Officer or
upon the termination of this Agreement, and Consultant shall have no claim for further
employment or additional compensation as a result of the exercise by City of its full rights of
ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or
assignment of such completed documents for other projects and/or use of uncompleted documents
without specific written authorization by the Consultant will be at the City’s sole risk and without
liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use,
reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant
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shall have the right to use the concepts embodied therein. All subcontractors shall provide for
assignment to City of any documents or materials prepared by them, and in the event Consultant
fails to secure such assignment, Consultant shall indemnify City for all damages resulting
therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as
“works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby
deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions,
response to interrogatories or other information concerning the work performed under this
Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided
Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under. City retains the right, but has no obligation, to represent Consultant or be present at
any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and
to provide City with the opportunity to review any response to discovery requests provided by
Consultant. However, this right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of San Bernardino, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
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Court, venue shall lie exclusively in the Central District of California, in the County of San
Bernardino, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed after
the date of default. Instead, the City may give notice to Consultant of the default and the reasons
for the default. The notice shall include the timeframe in which Consultant may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Consultant is in default, the City shall hold
all invoices and shall, when the default is cured, proceed with payment on the invoices. In the
alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices
during the period of default. If Consultant does not cure the default, the City may take necessary
steps to terminate this Agreement under this Article. Any failure on the part of the City to give
notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights
or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of City
to exercise such right to deduct or to withhold shall not, however, affect the obligations of the
Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
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of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any
other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon written notice to Consultant. In addition, the
Consultant may terminate this Contract for cause, upon sixty (60) days’ advance written notice to
City. Upon receipt of any notice of termination, Consultant shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer. Except where the
Consultant has initiated termination, the Consultant shall be entitled to compensation for all
services rendered prior to the effective date of the notice of termination and for any services
authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or
such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event
the Consultant has initiated termination, the Consultant shall be entitled to compensation only for
the reasonable value of the work product actually produced hereunder. In the event of termination
without cause pursuant to this Section, the terminating party need not provide the non-terminating
party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and
prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to
the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such
damages), and City may withhold any payments to the Consultant for the purpose of set-off or
partial payment of the amounts owed the City as previously stated.
7.9 Attorney’s Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such action
or proceeding, in addition to any other relief which may be granted, whether legal or equitable,
shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any
appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable
costs for investigating such action, taking depositions and discovery and all other necessary costs
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the court allows which are incurred in such litigation. All such fees shall be deemed to have
accrued on commencement of such action and shall be enforceable whether or not such action is
prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successor, or for breach of any obligation of the terms
of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant’s performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times avoid
conflicts of interest or the appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected
class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions
imposed, together with any and all costs, including attorney’s fees, incurred by City.
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01247.0006/656471.6 7/9/2020
-17-
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party
desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager
and to the attention of the Contract Officer (with her/his name and City title), City of Grand
Terrace, 22795 Barton Rd, Grand Terrace, CA 92313, and in the case of the Consultant, to the
person(s) at the address designated on the execution page of this Agreement. Either party may
change its address by notifying the other party of the change of address in writing. Notice shall be
deemed communicated at the time personally delivered or in seventy-two (72) hours from the time
of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. No amendment to or modification
of this Agreement shall be valid unless made in writing and approved by the Consultant and by
the City Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections
contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or
decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any
of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder
unless the invalid provision is so material that its invalidity deprives either party of the basic benefit
of their bargain or renders this Agreement meaningless.
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01247.0006/656471.6 7/9/2020
-18-
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this
Agreement, nor shall any official, officer, or employee of City participate in any decision relating
to this Agreement which may affect his/her financial interest or the financial interest of any
corporation, partnership, or association in which (s)he is directly or indirectly interested, or in
violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
“financial interest” shall be consistent with State law and shall not include interests found to be
“remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5.
Nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation, including but not limited to the Political Reform Act (Government Code
Sections 81000, et seq.)
Consultant warrants and represents that it has not paid or given, and will not pay or give,
to any third party including, but not limited to, any City official, officer, or employee, any money,
consideration, or other thing of value as a result or consequence of obtaining or being awarded any
agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render this
Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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01247.0006/656471.6 7/9/2020 19
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
CITY:
City of Grand Terrace, a municipal corporation
_____________________________________
Darcy McNaboe, Mayor
ATTEST:
_____________________________________
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
_____________________________________
Adrian R. Guerra, City Attorney
CONSULTANT:
Interwest Consulting Group, Inc.
By: _________________________________
Name:
Title:
By: _________________________________
Name:
Title:
Address: 1500 S. Haven Avenue, Suite 220
Ontario, CA 92761
Tel: 909-295-3142
Two corporate officer signatures required when Consultant is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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01247.0006/656471.6 7/9/2020
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2020 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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01247.0006/656471.6 7/9/2020
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2020 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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01247.0006/656471.6 7/9/2020 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A. Consultant will supplement and augment the City of Grand Terrace Public Works
engineering staff and serve in the capacity of Interim Public Works Director and
Senior Engineer (“Interim Public Works Director Services”), which includes, but
is not limited to, the following: Consultant will provide technical assistance and
support to the City Manager, City Council, City Commissions and community and
business stakeholders on public works programs, policies, activities, and projects
and Consultant will provide an Interim Director and a Senior Engineer on-site as
agreed upon and in consultation with the City Manager as well as being available
off-site to respond to questions as needed. As provided below, subject to City
Manager’s approval (as provided above), Consultant has currently assigned Craig
Bradshaw, PE, PLS as both Interim Public Works Director and Senior Engineer.
B. In providing Interim Public Works Director Services, Consultant will also provide
additional related services requested by the City including Project Management,
Traffic Engineering, Transportation Planning, Construction Management,
Geographic Information System (GIS), Information Technology (IT), Real
Property Acquisition, Preparation of Grant Applications, and Development Plan
Review. Specific services will include, but not be limited to, the following:
1. Prepare written reports, attend meetings, and present information to the City
Manager, City Council, and City Commissions;
2. Provide written updates on projects and high priority activities of
importance to the City Manager and City Council;
3. Attend meetings with City staff (include weekly Executive Team
Meetings), regional staff and regional/regulatory agencies on projects,
issues, or other matters of interest to the City of Grand Terrace;
4. Represent the City’s interests in disseminating information to public
officials, community leaders, developers, contractors, and the general
public;
5. Review and provide opinions on initial inquiries relating to land
development matters;
6. Provide technical assistance to City staff on matters related to municipal
engineering including civil, transportation, traffic, water resources, and
structural engineering;
7. Proactively establish working relationships and coordination with other
public agencies and utility companies related to public works and municipal
engineering matters;
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01247.0006/656471.6 7/9/2020 A-2
8. Provide technical recommendations on regional policy issues relevant to the
City;
9. Provide City Surveyor review and approval duties that includes Map
review, legal descriptions, lot line adjustments, and sign/stamp all
documents in technical compliance with the City ordinances and the State
Map Act;
10. Research, prepare, and coordinate grant funding requests;
11. Develop specific finance plans, lighting and landscape districts, and
strategies necessary to implement development projects in the City;
12. Prepare, review, and administer public facilities infrastructure master plans;
13. Prepare and issue consultant Requests for Proposal, select and manage
consultants and assure compliance with design standards and funding
source requirements;
14. Provide project management services for the preparation of in-house
contract documents and specifications for public infrastructure projects,
recommendation for project award; negotiation and administration of
contracts for construction projects;
15. Provide leadership, mentoring and training to in-house City staff;
16. Support City GIS system to meet the needs of various City departments;
17. Work with the City Attorney in the preparation of ordinances and
agreements;
18. Manage third party agreements with the City at the direction of the Contract
Officer;
19. City and Consultant have entered into that certain agreement entitled
“Agreement for Contracts Services by and between City of Grand Terrace
and Interwest Consulting Group, Inc., for On-Call Engineering Services”
dated ________ (“On-Call Engineering Agreement”). Notwithstanding
Subsection (D)(18) above, Consultant shall not influence, participate in, or
make (including attempting to carry out those acts) any decisions relating
to the selection of consultants for services similar to those services provided
in Exhibit “A” of the On-Call Engineering Agreement, which Exhibit A is
incorporated by reference solely for the purpose of this Subsection (D)(19).
C. As part of providing Interim Public Works Director Services, Consultant will also
utilize its knowledge and experiences to identify and advise the City Manager on
organizational initiatives and succession planning opportunities to provide
meaningful and sustainable improvements compatible with the vision and direction
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01247.0006/656471.6 7/9/2020 A-3
of the City Manager. Accordingly, Consultant will establish credibility and trust,
create a collaborative partnership with City staff, and utilize the knowledge of the
organization to gain an understanding of the present and future needs of the City.
Consultant will strive to become an integrated and trusted colleague for staff.
D. As part of providing Interim Public Works Director Services, Consultant will strive
to become an integrated and trusted colleague for City staff and advise the City
Manager on industry initiatives and planning opportunities to provide meaningful
and sustainable improvements for the organization compatible with the vision and
direction of the City Manager. Consultant will establish credibility and trust, create
a collaborative partnership with City staff, and utilize the knowledge of the
organization to gain an understanding of the present and future needs of the City of
Grand Terrace.
E. During the performance of the work, Consultant will prepare and deliver tangible
work products, including Reports, Studies, Design Reviews, Project Updates or
other appropriate work products as requested by the City as appropriate for the
specific type of work assignment.
F. Consultant shall assist in any audit of the Public Works Department to identify and
establishing better practices, including but not limited to, better management and
oversight of financial transactions for routine expenditures (e.g., fleet rental,
uniform cleaning), improved cost accounting of staffing deployed to staff City
special events, City’s compliance with regulatory reporting (e.g., generators,
elevators, fuel tanks), administration of any solid waste contracts and compliance
with CalRecycle recycling requirements, selection and oversight of a MS4 permit
compliance consultant to assure the City may avail itself of grant opportunities for
storm water issues, recruiting for permanent department positions, and other areas
Consultant finds are not well organized or operated in the Public Works
Department.
II. As part of the Services and in addition to any other requirement to provide tangible work
products to City pursuant to this Agreement, Consultant will prepare and deliver the
following tangible work products as the City may require from time to time.
III. In addition to the requirements of Section 6.2 or any other requirement to provide status
reports in this Agreement, during performance of the Services, Consultant will keep the
City appraised of the status of performance by delivering the status reports as the City may
require from time to time.
IV. All work product is subject to review and acceptance by the City, and must be revised by
the Consultant without additional charge to the City until found satisfactory and accepted
by City.
V. Limitations on Consultant’s Employees, Agents, and Subcontractors.
A. In providing services under this Agreement, Consultant shall not assign to the City
any employee, agent, or subcontractor who is currently a member of CalPERS.
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01247.0006/656471.6 7/9/2020 A-4
B. In providing services under this Agreement, Consultant shall not assign to the City
any employee, agent, or subcontractor for a duration of six (6) months or more per
fiscal year if full time, or 1,000 hours or more per fiscal year if part time.
C. Consultant shall not use any of its employees, agents, or subcontractors who are a
CalPERS retired annuitant to provide services for the City under this Agreement.
D. Consultant warrants that the personnel identified in Section VI of this Exhibit do
not violate this Section V of this Exhibit.
VI. Consultant will utilize the following personnel to accomplish the Services:
A. James R. Ross, Public Works Group Leader
B. Manuel Gomez, Project Manager
C. Craig Bradshaw, PE, PLS, (as City’s interim Interim Public Works Director/Senior
Engineer)
D. Kamran Saber, PE, QSD, Civil Engineer/CIP Project Management
E. Kevin Ko, PE, QSD, Civil Engineer/Design Project Management
F. Joe Indrawan, PE, Civil Engineer/Plan Review
G. Jack Istik, PE, Civil Engineer/Plan Review
H. Gary Neal, PLS, Land Surveyor/Map Check
I. Nicole Jules, PE, Traffic Engineer/Transportation Planning
J. Andrew Yi, PE, TE, PTOE, Traffic Engineer/Transportation Planning
K. Rush Smith, TE, PTP, Traffic Engineer/Transportation Planning
L. Roger Peterson, SE, Structural Engineer/Plan Review
M. Oliver Roan, SE, Structural Engineer/Plan Review
N. Charles Collet, Construction Manager/Inspector
O. John Chesworth, Construction Manager/Inspector
P. Jesse Isaac, Construction Manager/Inspector
H.11.e
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01247.0006/656471.6 7/9/2020 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
H.11.e
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01247.0006/656471.6 7/9/2020 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following the Services at the rates provided in Exhibit “C-1”:
II. A retention of ten percent (10%) shall be held from each payment as a contract retention
to be paid as part of the final payment upon satisfactory completion of services.
III. The City will compensate Consultant for the Services performed upon submission of a
valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and
travel properly charged to the Services.
V. The total compensation for the Services shall not exceed $150,000 as provided in Section
2.1 of this Agreement.
H.11.e
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01247.0006/656471.6 7/9/2020 C-2
EXHIBIT “C-1”
CONSULTANT’S RATES
Classification Hourly Billing Rate
Engineering
Principal In Charge $160
Project Manager $160
Traffic Engineer $160
Director of Public Works $150
Lead Engineer $150
Supervising Engineer $150
Senior Engineer $140
Engineering Associate III $125
Engineering Associate II $115
Engineering Associate I $105
Senior Engineering Technician $105
Engineering Technician III $95
Engineering Technician II $85
Engineering Technician I $75
Student Trainee $30
Grading Plans Examiner $140
Construction Management
Construction Manager $145
Assistant Construction Manager $130
Supervising Public Works Observer $135
Senior Public Works Observer $125
Public Works Observer III $120
Public Works Observer II $115
Public Works Observer I $105
Overtime 140% of the above listed rates
H.11.e
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01247.0006/656471.6 7/9/2020 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services pursuant to the following schedules:
Task Schedule
Interim Public Works Director
Services
30 hours/week
II. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
H.11.e
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01247.0006/656770.2 7/9/2020
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF GRAND TERRACE
and
INTERWEST CONSULTING GROUP, INC.
for
ON-CALL ENGINEERING SERVICES
H.11.f
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01247.0006/656770.2 7/9/2020
-2-
AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF GRAND TERRACE AND
INTERWEST CONSULTING GROUP, INC. FOR
ON-CALL ENGINEERING SERVICES
This “AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY
OF GRAND TERRACE AND INTERWEST CONSULTING GROUP, INC. FOR ON-CALL
ENGINEERING SERVICES” (herein “Agreement”) is made and entered into this ____ day of
________, 2020 by and between the City of Grand Terrace, a California municipal corporation
(“City”) and Interwest Consulting Group, Inc. (“Consultant”). City and Consultant are sometimes
hereinafter individually referred to as “Party” and hereinafter collectively referred to as the
“Parties.”
RECITALS
A. City has sought, by issuance of a Request for Qualifications, the performance of
the services defined and described particularly in Article 1 of this Agreement.
B. The Parties desire to formalize the selection of Consultant for performance of those
services defined and described particularly in Article 1 of this Agreement and desire that the terms
of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the
Parties and contained herein and other consideration, the value and adequacy of which are hereby
acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide
those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated
herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Consultant represents and
warrants that it has the qualifications, experience, and facilities necessary to properly perform the
services required under this Agreement in a thorough, competent, and professional manner, and is
experienced in performing the work and services contemplated herein. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all services
described herein. Consultant covenants that it shall follow the highest professional standards in
performing the work and services required hereunder and that all materials will be both of good
quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest
professional standards” shall mean those standards of practice recognized by one or more first-
class firms performing similar work under similar circumstances.
H.11.f
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01247.0006/656770.2 7/9/2020
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1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement
shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in
accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as
may be required by law for the performance of the services required by this Agreement. Consultant
shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties
and interest, which may be imposed by law and arise from or are necessary for the Consultant’s
performance of the services required by this Agreement, and shall indemnify, defend and hold
harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes,
penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant’s risk until written instructions are
received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish
continuous protection to the work, and the equipment, materials, papers, documents, plans, studies
and/or other components thereof to prevent losses or damages, and shall be responsible for all such
damages, to persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City’s own negligence.
H.11.f
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01247.0006/656770.2 7/9/2020
-4-
1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all instruments,
prepare all documents and take all actions as may be reasonably necessary to carry out the purposes
of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of
the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or
make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work,
and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written
approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the
Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty
(180) days, may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively, must be approved by the City Council. It is expressly understood by
Consultant that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to
be provided pursuant to the Scope of Services may be more costly or time consuming than
Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.
City may in its sole and absolute discretion have similar work done by other consultants. No
claims for an increase in the Contract Sum or time for performance shall be valid unless the
procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein
by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other
provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for actual
expenses, shall not exceed Fifty Thousand Dollars ($50,000) (the “Contract Sum”), unless
additional compensation is approved pursuant to Section 1.8.
H.11.f
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01247.0006/656770.2 7/9/2020
-5-
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services, less
contract retention; (iii) payment for time and materials based upon the Consultant’s rates as
specified in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not
exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and
expenses incurred during the preceding month in a form approved by City’s Director of Finance.
By submitting an invoice for payment under this Agreement, Consultant is certifying compliance
with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual
expenses by the following categories: labor (by sub-category), travel, materials, equipment,
supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such
categories. Consultant shall not invoice City for any duplicate services performed by more than
one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed
invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures,
the City cannot guarantee that payment will occur within this time period. In the event any charges
or expenses are disputed by City, the original invoice shall be returned by City to Consultant for
correction and resubmission. Review and payment by City for any invoice provided by the
Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable
law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed
to waive any defects in work performed by Consultant.
H.11.f
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01247.0006/656770.2 7/9/2020
-6-
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement. In addition, upon issuance of
a Notice to Proceed on a Task Order, time is of the essence in the performance of the Task Order’s
Scope of Work or Scope of Services.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in the
“Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires,
earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency, including the City, if the Consultant shall
within ten (10) days of the commencement of such delay notify the Contract Officer in writing of
the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and
extend the time for performing the services for the period of the enforced delay when and if in the
judgment of the Contract Officer such delay is justified. The Contract Officer’s determination
shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be
entitled to recover damages against the City for any delay in the performance of this Agreement,
however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this
Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding two (2)
years from the date hereof. The City in its sole and absolute discretion may extend the term of this
Agreement by one (1) year.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the work
specified herein and make all decisions in connection therewith:
H.11.f
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01247.0006/656770.2 7/9/2020
-7-
James G. Ross Public Works Group Leader
(Name) (Title)
Manuel Gomez Project Manager
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only competent personnel to perform services pursuant to this Agreement. Consultant shall make
every reasonable effort to maintain the stability and continuity of Consultant’s staff and
subcontractors, if any, assigned to perform the services required under this Agreement. Consultant
shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to
perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees
or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to
City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the City Manager or such person as may be designated by
the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is
kept informed of the progress of the performance of the services and the Consultant shall refer any
decisions which must be made by City to the Contract Officer. Unless otherwise specified herein,
any approval of City required hereunder shall mean the approval of the Contract Officer. The
Contract Officer shall have authority, if specified in writing by the City Manager, to sign all
documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or
means by which Consultant, its agents or employees, perform the services required herein, except
as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or
control of Consultant’s employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Consultant shall perform all services required herein as an
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independent contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents or employees
of City. City shall not in any way or for any purpose become or be deemed to be a partner of
Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with
Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written approval of City. Transfers restricted hereunder shall include the transfer
to any person or group of persons acting in concert of more than twenty five percent (25%) of the
present ownership and/or control of Consultant, taking all transfers into account on a cumulative
basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this
Agreement shall be void. No approved transfer shall release the Consultant or any surety of
Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form and
content satisfactory to City, during the entire term of this Agreement including any extension
thereof, the following policies of insurance which shall cover all elected and appointed officers,
employees and agents of City:
(a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A
policy of comprehensive general liability insurance written on a per occurrence basis for bodily
injury, personal injury and property damage. The policy of insurance shall be in an amount not
less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general
aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance. A policy of worker’s compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or
damage arising from any injuries or occupational diseases occurring to any worker employed by
or any persons retained by the Consultant in the course of carrying out the work or services
contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and
endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance
written on a per occurrence for bodily injury and property damage in an amount not less than
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$1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any
automobile.
(d) Professional Liability. Professional liability insurance appropriate to the
Consultant’s profession. This coverage may be written on a “claims made” basis, and must include
coverage for contractual liability. The professional liability insurance required by this Agreement
must be endorsed to be applicable to claims based upon, arising out of or related to services
performed under this Agreement. The insurance must be maintained for at least 5 consecutive
years following the completion of Consultant’s services or the termination of this Agreement.
During this additional 5-year period, Consultant shall annually and upon request of the City submit
written evidence of this continuous coverage.
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City,
its elected and appointed officers, employees and agents as additional insureds and any insurance
maintained by City or its officers, employees or agents may apply in excess of, and not contribute
with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and
contribution it may have against the City, its officers, employees and agents and their respective
insurers. Moreover, the insurance policy must specify that where the primary insured does not
satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or
cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice
by certified mail return receipt requested to the City. In the event any of said policies of insurance
are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance
in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Consultant has
provided the City with Certificates of Insurance, additional insured endorsement forms or
appropriate insurance binders evidencing the above insurance coverages and said Certificates of
Insurance or binders are approved by the City. City reserves the right to inspect complete, certified
copies of and endorsements to all required insurance policies at any time. Any failure to comply
with the reporting or other provisions of the policies including breaches or warranties shall not
affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate
endorsement) and shall conform to the following “cancellation” notice:
CANCELLATION:
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY
ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed] ______________
Consultant Initials
City, its respective elected and appointed officers, directors, officials, employees, agents
and volunteers are to be covered as additional insureds as respects: liability arising out of activities
Consultant performs; products and completed operations of Consultant; premises owned, occupied
or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The
coverage shall contain no special limitations on the scope of protection afforded to City, and their
respective elected and appointed officers, officials, employees or volunteers. Consultant’s
insurance shall apply separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer’s liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At
the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects City or its respective elected or appointed officers, officials, employees and
volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related
investigations, claim administration, defense expenses and claims. The Consultant agrees that the
requirement to provide insurance shall not be construed as limiting in any way the extent to which
the Consultant may be held responsible for the payment of damages to any persons or property
resulting from the Consultant’s activities or the activities of any person or persons for which the
Consultant is otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as
provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with
Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall
require the subcontractor to maintain the same policies of insurance that the Consultant is required
to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to
City.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold
and save them and each of them harmless from, any and all actions, either judicial, administrative,
arbitration or regulatory claims, damages to persons or property, losses, costs, penalties,
obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or
liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein of
Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity
for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’
reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance
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of or failure to perform any term, provision, covenant or condition of this Agreement, and in
connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of
said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s
fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection with
the negligent performance of or failure to perform such work, operations or activities of Consultant
hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees
harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorney’s
fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it
fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted
by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that
design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of
the negligence, recklessness or willful misconduct of the design professional. The indemnity
obligation shall be binding on successors and assigns of Consultant and shall survive termination
of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies
qualified to do business in California, rated “A” or better in the most recent edition of Best Rating
Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category
Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk
Manager”) due to unique circumstances. If this Agreement continues for more than 3 years
duration, or in the event the risk manager determines that the work or services to be performed
under this Agreement creates an increased or decreased risk of loss to the City, the Consultant
agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt
of written notice from the Risk Manager.
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ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts,
invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the “books and records”), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete and
detailed. The Contract Officer shall have full and free access to such books and records at all times
during normal business hours of City, including the right to inspect, copy, audit and make records
and transcripts from such records. Such records shall be maintained for a period of three (3) years
following completion of the services hereunder, and the City shall have access to such records in
the event any audit is required. In the event of dissolution of Consultant’s business, custody of the
books and records may be given to City, and access shall be provided by Consultant’s successor
in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in
providing access to the books and records if a public records request is made and disclosure is
required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of
work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees
that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or
will materially increase or decrease the cost of the work or services contemplated herein or, if
Consultant is providing design services, the cost of the project being designed, Consultant shall
promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the “documents and materials”),
including any electronic documents and materials, prepared by Consultant, its employees,
subcontractors and agents in the performance of this Agreement shall be the property of City and
shall be delivered to City in a format of the City’s choice upon request of the Contract Officer or
upon the termination of this Agreement, and Consultant shall have no claim for further
employment or additional compensation as a result of the exercise by City of its full rights of
ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or
assignment of such completed documents for other projects and/or use of uncompleted documents
without specific written authorization by the Consultant will be at the City’s sole risk and without
liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use,
reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant
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shall have the right to use the concepts embodied therein. All subcontractors shall provide for
assignment to City of any documents or materials prepared by them, and in the event Consultant
fails to secure such assignment, Consultant shall indemnify City for all damages resulting
therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as
“works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby
deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions,
response to interrogatories or other information concerning the work performed under this
Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided
Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under. City retains the right, but has no obligation, to represent Consultant or be present at
any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and
to provide City with the opportunity to review any response to discovery requests provided by
Consultant. However, this right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of San Bernardino, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
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Court, venue shall lie exclusively in the Central District of California, in the County of San
Bernardino, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed after
the date of default. Instead, the City may give notice to Consultant of the default and the reasons
for the default. The notice shall include the timeframe in which Consultant may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Consultant is in default, the City shall hold
all invoices and shall, when the default is cured, proceed with payment on the invoices. In the
alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices
during the period of default. If Consultant does not cure the default, the City may take necessary
steps to terminate this Agreement under this Article. Any failure on the part of the City to give
notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights
or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of City
to exercise such right to deduct or to withhold shall not, however, affect the obligations of the
Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
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of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any
other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon written notice to Consultant. In addition, the
Consultant may terminate this Contract for cause, upon sixty (60) days’ advance written notice to
City. Upon receipt of any notice of termination, Consultant shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer. Except where the
Consultant has initiated termination, the Consultant shall be entitled to compensation for all
services rendered prior to the effective date of the notice of termination and for any services
authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or
such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event
the Consultant has initiated termination, the Consultant shall be entitled to compensation only for
the reasonable value of the work product actually produced hereunder. In the event of termination
without cause pursuant to this Section, the terminating party need not provide the non-terminating
party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and
prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to
the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such
damages), and City may withhold any payments to the Consultant for the purpose of set-off or
partial payment of the amounts owed the City as previously stated.
7.9 Attorney’s Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such action
or proceeding, in addition to any other relief which may be granted, whether legal or equitable,
shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any
appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable
costs for investigating such action, taking depositions and discovery and all other necessary costs
H.11.f
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the court allows which are incurred in such litigation. All such fees shall be deemed to have
accrued on commencement of such action and shall be enforceable whether or not such action is
prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successor, or for breach of any obligation of the terms
of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant’s performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times avoid
conflicts of interest or the appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected
class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions
imposed, together with any and all costs, including attorney’s fees, incurred by City.
H.11.f
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ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party
desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager
and to the attention of the Contract Officer (with her/his name and City title), City of Grand
Terrace, 22795 Barton Rd, Grand Terrace, CA 92313, and in the case of the Consultant, to the
person(s) at the address designated on the execution page of this Agreement. Either party may
change its address by notifying the other party of the change of address in writing. Notice shall be
deemed communicated at the time personally delivered or in seventy-two (72) hours from the time
of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. No amendment to or modification
of this Agreement shall be valid unless made in writing and approved by the Consultant and by
the City Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections
contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or
decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any
of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder
unless the invalid provision is so material that its invalidity deprives either party of the basic benefit
of their bargain or renders this Agreement meaningless.
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9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this
Agreement, nor shall any official, officer, or employee of City participate in any decision relating
to this Agreement which may affect his/her financial interest or the financial interest of any
corporation, partnership, or association in which (s)he is directly or indirectly interested, or in
violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
“financial interest” shall be consistent with State law and shall not include interests found to be
“remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5.
Nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation, including but not limited to the Political Reform Act (Government Code
Sections 81000, et seq.)
Consultant warrants and represents that it has not paid or given, and will not pay or give,
to any third party including, but not limited to, any City official, officer, or employee, any money,
consideration, or other thing of value as a result or consequence of obtaining or being awarded any
agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render this
Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
H.11.f
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01247.0006/656770.2 7/9/2020 19
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
CITY:
City of Grand Terrace, a municipal corporation
_____________________________________
Darcy McNaboe, Mayor
ATTEST:
___________________________________
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
___________________________________
Adrian R. Guerra, City Attorney
CONSULTANT:
Interwest Consulting Group, Inc.
By: ___________________________________
Name:
Title:
By: ___________________________________
Name:
Title:
Address: 1500 S. Haven Avenue, Suite 220
Ontario, CA 92761
Tel: 909-295-3142
Two corporate officer signatures required when Consultant is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
H.11.f
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01247.0006/656770.2 7/9/2020
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2020 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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01247.0006/656770.2 7/9/2020
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2020 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
H.11.f
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01247.0006/656770.2 7/9/2020 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. On an on-call basis, Consultant will perform Professional Engineering services generally
described in this Scope of Services. This Agreement retains the Consultant’s on-call
availability, but does not guarantee that the Consultant shall be selected to provide
services on a project-specific Task Order.
II. When the City requests proposals from on-call engineers (including the Consultant) on a
project-specific Task Order, and if the City accepts Consultant’s proposal, then the Task
Order and Notice to Proceed shall provide in detail Consultant’s Scope of Services on that
Task Order. This Agreement does not guarantee that Consultant will be selected to perform
services on Task Orders. This Agreement does not provide for Consultant’s compensation
except for Consultant’s services rendered pursuant to a Notice to Proceed on a Task Order.
III. Consultant’s on-call Professional Engineering Services may include, but are not limited to,
the following:
A. Project studies
B. Research
C. Grant Opportunities for Public Works projects
D. Land Survey
E. Coordinate and/or obtain approvals from various private and public
agencies
F. Public meetings, workshops, and presentations
G. Project-related reports
H. Develop conceptual/preliminary plans and designs
I. Develop construction plans and specifications
J. Project estimates
K. Project schedule
L. Bid analysis
M. Environmental documents and permit compliance
N. Utility research and coordination
O. Construction support (such as review of quantities and field inspections)
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01247.0006/656770.2 7/9/2020 A-2
P. Construction management
Q. Services associated with project development
R. Provide development processing services, including, but not limited to, plan
and map checking, on-site oversight, and inspections for new development
activity as directed.
S. Provide City Traffic Engineering related services such as traffic safety
investigations, speed zone surveys, route planning, corridor analysis,
capacity evaluations, bicycle and pedestrian facilities analysis, traffic
impact reports, traffic signal and control systems, parking facilities, street
signage and marking programs, and street lighting;
IV. Consultant’s on-call Professional Engineering Services may include temporary
augmentation of staff functions including, but not limited to, the following:
A. Perform at the Project Engineer and/or Project Manager (both of which are referred
to herein as “PM”) level to assist the Public Works department with various
projects.
B. The PM shall be a registered professional Civil Engineer licensed to practice in the
State of California, with a minimum of 10 years of experience in design and
construction management and project management of a variety of Public Works
projects. The PM shall have clear oral and written communication skills.
C. The PM’s services may be required during all or part of a project, from planning
stages to project conclusion.
D. The PM shall efficiently conduct effective workshops with community groups and
have an explicit understanding of the California Public Contract Code.
E. The PM will be housed in City Hall performing requisite management and
administrative services on projects, and coordinate with City staff.
F. Develop matrices of the active and proposed projects with schedules, budgets, and
priorities.
G. Perform thorough research of information relevant to each project (i.e. record
drawings, field investigation, site conditions, restrictions, and CEQA status).
H. Discuss and coordinate future projects with various agencies (e.g. utility
companies, pipeline companies, San Bernardino County, San Bernardino Sheriffs,
and Caltrans).
I. Prepare and compose Requests for Proposals (RFP). Review and evaluate proposals
and provide recommendations to City Engineer, Director of Public Works, and City
Council.
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J. Prepare and conduct presentations to City staff, City Council, Commissions, and
the public.
K. Draft construction plans using Autocad® software or such other software that the
City may require.
L. Compose project specifications and estimates.
M. Prepare and coordinate projects for the bidding process.
N. Coordinate, conduct, and attend various meetings (e.g. staff meetings, construction
meetings, progress meetings, utility coordination meetings, Council meetings, and
workshops).
O. Meet with various City departments and solicit input for project design, schedule,
and budgets.
P. Manage project budgets and closely work with City’s Finance Department staff.
Q. Review, evaluate, approve, and process payments to consultants, contractors, and
various agencies.
R. Review, evaluate, negotiate, and approve proposed changes by consultants and
contractors.
S. Perform field work such as inspections and job walks.
T. Efficiently and effectively develop and manage multiple Public Works Capital
Improvement Projects from planning stage through the conclusion of the project.
V. Consultant must perform all on-call Services in compliance with the following
requirements:
A. Each task shall be indicated by a written request (Task Order) produced by the
Contract Officer with a description of the work to be performed, and the time
desired for completion. All tasks shall be carried out in conformity with all
provisions of this Agreement.
B. Consultant must prepare a written description of the requested tasks including all
components and subtasks; the costs to perform the task (“Task Budget”), using the
itemized fees in Exhibit C, Schedule of Compensation, whenever a requested task
is provided for in Exhibit C; explain how the cost was determined; and, a schedule
for completion of the task (“Task Completion Date”); which shall all collectively
be referred to as the “Task Proposal”.
C. Contract Officer shall in writing approve, modify, or reject the Task Proposal, and
may issue a Notice to Proceed.
H.11.f
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D. The task shall be performed at a cost not to exceeding the Task Budget.
E. Consultant shall complete the task and deliver all deliverables to Contract Officer
by the Task Completion Date.
VI. In addition to the requirements of Section 6.2 and pursuant to the Task Order’s project-
specific Scope of Services, the Contract Officer may require the Consultant to provide the
following deliverables, as applicable:
A. Project studies
B. Research results
C. Grant information and application
D. Survey maps
E. Photos
F. Conceptual plans
G. 50% Construction Plan Submittal
H. Construction plan submittal with specifications and estimates at 75%, 90%, and
100% levels
I. Permits
J. Inspection Reports and field reports
K. All other related items the City deems necessary for the project
VII. All work product is subject to review and acceptance by the City, and must be revised by
the Consultant without additional charge to the City until found satisfactory and accepted
by City.
VIII. Consultant will utilize qualified personnel with the following titles to perform the Services
required by the applicable Task Order. Consultant shall obtain the Contract Officer’s
advanced written approval when replacing any individual assigned to perform services on
Task Orders:
A. James R. Ross, Public Works Group Leader
B. Manuel Gomez, Project Manager
C. Kamran Saber, PE, QSD, Civil Engineer/CIP Project Management
D. Kevin Ko, PE, QSD, Civil Engineer/Design Project Management
H.11.f
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01247.0006/656770.2 7/9/2020 A-5
E. Joe Indrawan, PE, Civil Engineer/Plan Review
F. Jack Istik, PE, Civil Engineer/Plan Review
G. Gary Neal, PLS, Land Surveyor/Map Check
H. Nicole Jules, PE, Traffic Engineer/Transportation Planning
I. Andrew Yi, PE, TE, PTOE, Traffic Engineer/Transportation Planning
J. Rush Smith, TE, PTP, Traffic Engineer/Transportation Planning
K. Roger Peterson, SE, Structural Engineer/Plan Review
L. Oliver Roan, SE, Structural Engineer/Plan Review
M. Charles Collet, Construction Manager/Inspector
N. John Chesworth, Construction Manager/Inspector
O. Jesse Isaac, Construction Manager/Inspector
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01247.0006/656770.2 7/9/2020 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
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01247.0006/656770.2 7/9/2020 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. This Schedule of Compensation governs Consultant’s compensation in the event the
Consultant performs services pursuant to a Notice to Proceed on a Task Order. This
Agreement does not guarantee that Consultant will be selected to perform services on
Task Orders.
II. Consultant responding to the City’s request for proposals on a project-specific Task Order
shall establish a Task Budget for the Task Order, identifying the subtasks based on the time
and rates of the personnel performing the subtasks, and itemizing all materials and
equipment utilized and the costs thereof. If payment is to be made other than at completion
of the services, then the phases of the performance and percentage of payment due shall
also be shown in the Task Proposal. Consultant’s proposals on Task Orders shall be based
on hourly rates identical to the rates attached as Exhibit C-1.
III. The City shall retain ten percent (10%) from each payment as a contract retention to be
paid as part of final payment upon satisfactory completion of services on a Task Order.
IV. City will compensate Consultant for the Services performed upon submission of a valid
invoice. Each invoice is to include
A. Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and
travel properly charged to the Services.
V. The total compensation for the Services shall not exceed $50,000 for the term of this
Agreement, as provided in Section 2.1 of this Agreement.
VI. Consultant’s billing rates for Services are attached as Exhibit C-1. To the extent any portion
of Consultant’s work is subject to prevailing wage requirements, then Consultant’s
proposal on a Task Order shall include a Task Budget with hourly rates adjusted for
prevailing wage.
H.11.f
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01247.0006/656770.2 7/9/2020 C-2
EXHIBIT “C-1”
CONSULTANT’S RATES
Classification Hourly Billing Rate
Engineering
Principal In Charge $160
Project Manager $160
Traffic Engineer $160
Director of Public Works $150
Lead Engineer $150
Supervising Engineer $150
Senior Engineer $140
Engineering Associate III $125
Engineering Associate II $115
Engineering Associate I $105
Senior Engineering Technician $105
Engineering Technician III $95
Engineering Technician II $85
Engineering Technician I $75
Student Trainee $30
Grading Plans Examiner $140
Construction Management
Construction Manager $145
Assistant Construction Manager $130
Supervising Public Works Observer $135
Senior Public Works Observer $125
Public Works Observer III $120
Public Works Observer II $115
Public Works Observer I $105
Overtime 140% of the above listed rates
H.11.f
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01247.0006/656770.2 7/9/2020 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. From the term of this Agreement, Consultant shall provide Services on an on-call basis as
set forth in Exhibit A.
II. If the City selects the Consultant’s proposal to perform a project-specific Task Order, the
Task Order’s Scope of Work/Services or the Notice to Proceed, or both, shall provide the
detailed schedule of performance.
III. The Contract Officer may approve extensions for performance of the Services in
accordance with Section 3.2.
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01247.0006/656676.4 7/9/2020
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF GRAND TERRACE
and
TKE ENGINEERING, INC.
for
ON-CALL ENGINEERING SERVICES
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01247.0006/656676.4 7/9/2020
-2-
AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF GRAND TERRACE AND
TKE ENGINEERING, INC. FOR
ON-CALL ENGINEERING SERVICES
This “AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY
OF GRAND TERRACE AND TKE ENGINEERING, INC. FOR ON-CALL ENGINEERING
SERVICES” (herein “Agreement”) is made and entered into this ____ day of ________, 2020 by
and between the City of Grand Terrace, a California municipal corporation (“City”) and TKE
Engineering, Inc. (“Consultant”). City and Consultant are sometimes hereinafter individually
referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Qualifications, the performance of
the services defined and described particularly in Article 1 of this Agreement.
B. The Parties desire to formalize the selection of Consultant for performance of those
services defined and described particularly in Article 1 of this Agreement and desire that the terms
of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the
Parties and contained herein and other consideration, the value and adequacy of which are hereby
acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide
those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated
herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Consultant represents and
warrants that it has the qualifications, experience, and facilities necessary to properly perform the
services required under this Agreement in a thorough, competent, and professional manner, and is
experienced in performing the work and services contemplated herein. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all services
described herein. Consultant covenants that it shall follow the highest professional standards in
performing the work and services required hereunder and that all materials will be both of good
quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest
professional standards” shall mean those standards of practice recognized by one or more first-
class firms performing similar work under similar circumstances.
H.11.g
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-3-
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement
shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in
accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as
may be required by law for the performance of the services required by this Agreement. Consultant
shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties
and interest, which may be imposed by law and arise from or are necessary for the Consultant’s
performance of the services required by this Agreement, and shall indemnify, defend and hold
harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes,
penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant’s risk until written instructions are
received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish
continuous protection to the work, and the equipment, materials, papers, documents, plans, studies
and/or other components thereof to prevent losses or damages, and shall be responsible for all such
damages, to persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City’s own negligence.
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01247.0006/656676.4 7/9/2020
-4-
1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all instruments,
prepare all documents and take all actions as may be reasonably necessary to carry out the purposes
of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of
the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or
make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work,
and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written
approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the
Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty
(180) days, may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively, must be approved by the City Council. It is expressly understood by
Consultant that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to
be provided pursuant to the Scope of Services may be more costly or time consuming than
Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.
City may in its sole and absolute discretion have similar work done by other consultants. No
claims for an increase in the Contract Sum or time for performance shall be valid unless the
procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein
by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other
provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for actual
expenses, shall not exceed Fifty Thousand Dollars ($50,000) (the “Contract Sum”), unless
additional compensation is approved pursuant to Section 1.8.
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2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services, less
contract retention; (iii) payment for time and materials based upon the Consultant’s rates as
specified in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not
exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and
expenses incurred during the preceding month in a form approved by City’s Director of Finance.
By submitting an invoice for payment under this Agreement, Consultant is certifying compliance
with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual
expenses by the following categories: labor (by sub-category), travel, materials, equipment,
supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such
categories. Consultant shall not invoice City for any duplicate services performed by more than
one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed
invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures,
the City cannot guarantee that payment will occur within this time period. In the event any charges
or expenses are disputed by City, the original invoice shall be returned by City to Consultant for
correction and resubmission. Review and payment by City for any invoice provided by the
Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable
law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed
to waive any defects in work performed by Consultant.
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement. In addition, upon issuance of
a Notice to Proceed on a Task Order, time is of the essence in the performance of the Task Order’s
Scope of Work or Scope of Services.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in the
“Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires,
earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency, including the City, if the Consultant shall
within ten (10) days of the commencement of such delay notify the Contract Officer in writing of
the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and
extend the time for performing the services for the period of the enforced delay when and if in the
judgment of the Contract Officer such delay is justified. The Contract Officer’s determination
shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be
entitled to recover damages against the City for any delay in the performance of this Agreement,
however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this
Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding two (2)
years from the date hereof. The City in its sole and absolute discretion may extend the term of this
Agreement by one (1) year.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the work
specified herein and make all decisions in connection therewith:
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Terry Renner, PE, QSD Senior Vice President
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only competent personnel to perform services pursuant to this Agreement. Consultant shall make
every reasonable effort to maintain the stability and continuity of Consultant’s staff and
subcontractors, if any, assigned to perform the services required under this Agreement. Consultant
shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to
perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees
or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to
City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the City Manager or such person as may be designated by
the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is
kept informed of the progress of the performance of the services and the Consultant shall refer any
decisions which must be made by City to the Contract Officer. Unless otherwise specified herein,
any approval of City required hereunder shall mean the approval of the Contract Officer. The
Contract Officer shall have authority, if specified in writing by the City Manager, to sign all
documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or
means by which Consultant, its agents or employees, perform the services required herein, except
as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or
control of Consultant’s employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Consultant shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Consultant shall not at any
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time or in any manner represent that it or any of its agents or employees are agents or employees
of City. City shall not in any way or for any purpose become or be deemed to be a partner of
Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with
Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written approval of City. Transfers restricted hereunder shall include the transfer
to any person or group of persons acting in concert of more than twenty five percent (25%) of the
present ownership and/or control of Consultant, taking all transfers into account on a cumulative
basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this
Agreement shall be void. No approved transfer shall release the Consultant or any surety of
Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form and
content satisfactory to City, during the entire term of this Agreement including any extension
thereof, the following policies of insurance which shall cover all elected and appointed officers,
employees and agents of City:
(a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A
policy of comprehensive general liability insurance written on a per occurrence basis for bodily
injury, personal injury and property damage. The policy of insurance shall be in an amount not
less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general
aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance. A policy of worker’s compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or
damage arising from any injuries or occupational diseases occurring to any worker employed by
or any persons retained by the Consultant in the course of carrying out the work or services
contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and
endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance
written on a per occurrence for bodily injury and property damage in an amount not less than
$1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any
automobile.
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(d) Professional Liability. Professional liability insurance appropriate to the
Consultant’s profession. This coverage may be written on a “claims made” basis, and must include
coverage for contractual liability. The professional liability insurance required by this Agreement
must be endorsed to be applicable to claims based upon, arising out of or related to services
performed under this Agreement. The insurance must be maintained for at least 5 consecutive
years following the completion of Consultant’s services or the termination of this Agreement.
During this additional 5-year period, Consultant shall annually and upon request of the City submit
written evidence of this continuous coverage.
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City,
its elected and appointed officers, employees and agents as additional insureds and any insurance
maintained by City or its officers, employees or agents may apply in excess of, and not contribute
with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and
contribution it may have against the City, its officers, employees and agents and their respective
insurers. Moreover, the insurance policy must specify that where the primary insured does not
satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or
cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice
by certified mail return receipt requested to the City. In the event any of said policies of insurance
are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance
in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Consultant has
provided the City with Certificates of Insurance, additional insured endorsement forms or
appropriate insurance binders evidencing the above insurance coverages and said Certificates of
Insurance or binders are approved by the City. City reserves the right to inspect complete, certified
copies of and endorsements to all required insurance policies at any time. Any failure to comply
with the reporting or other provisions of the policies including breaches or warranties shall not
affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate
endorsement) and shall conform to the following “cancellation” notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY
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ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed] ______________
Consultant Initials
City, its respective elected and appointed officers, directors, officials, employees, agents
and volunteers are to be covered as additional insureds as respects: liability arising out of activities
Consultant performs; products and completed operations of Consultant; premises owned, occupied
or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The
coverage shall contain no special limitations on the scope of protection afforded to City, and their
respective elected and appointed officers, officials, employees or volunteers. Consultant’s
insurance shall apply separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer’s liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At
the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects City or its respective elected or appointed officers, officials, employees and
volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related
investigations, claim administration, defense expenses and claims. The Consultant agrees that the
requirement to provide insurance shall not be construed as limiting in any way the extent to which
the Consultant may be held responsible for the payment of damages to any persons or property
resulting from the Consultant’s activities or the activities of any person or persons for which the
Consultant is otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as
provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with
Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall
require the subcontractor to maintain the same policies of insurance that the Consultant is required
to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to
City.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold
and save them and each of them harmless from, any and all actions, either judicial, administrative,
arbitration or regulatory claims, damages to persons or property, losses, costs, penalties,
obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or
liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein of
Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity
for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’
reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance
of or failure to perform any term, provision, covenant or condition of this Agreement, and in
connection therewith:
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(a) Consultant will defend any action or actions filed in connection with any of
said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s
fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection with
the negligent performance of or failure to perform such work, operations or activities of Consultant
hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees
harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorney’s
fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it
fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted
by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that
design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of
the negligence, recklessness or willful misconduct of the design professional. The indemnity
obligation shall be binding on successors and assigns of Consultant and shall survive termination
of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies
qualified to do business in California, rated “A” or better in the most recent edition of Best Rating
Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category
Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk
Manager”) due to unique circumstances. If this Agreement continues for more than 3 years
duration, or in the event the risk manager determines that the work or services to be performed
under this Agreement creates an increased or decreased risk of loss to the City, the Consultant
agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt
of written notice from the Risk Manager.
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ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts,
invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the “books and records”), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete and
detailed. The Contract Officer shall have full and free access to such books and records at all times
during normal business hours of City, including the right to inspect, copy, audit and make records
and transcripts from such records. Such records shall be maintained for a period of three (3) years
following completion of the services hereunder, and the City shall have access to such records in
the event any audit is required. In the event of dissolution of Consultant’s business, custody of the
books and records may be given to City, and access shall be provided by Consultant’s successor
in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in
providing access to the books and records if a public records request is made and disclosure is
required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of
work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees
that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or
will materially increase or decrease the cost of the work or services contemplated herein or, if
Consultant is providing design services, the cost of the project being designed, Consultant shall
promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the “documents and materials”),
including any electronic documents and materials, prepared by Consultant, its employees,
subcontractors and agents in the performance of this Agreement shall be the property of City and
shall be delivered to City in a format of the City’s choice upon request of the Contract Officer or
upon the termination of this Agreement, and Consultant shall have no claim for further
employment or additional compensation as a result of the exercise by City of its full rights of
ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or
assignment of such completed documents for other projects and/or use of uncompleted documents
without specific written authorization by the Consultant will be at the City’s sole risk and without
liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use,
reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant
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shall have the right to use the concepts embodied therein. All subcontractors shall provide for
assignment to City of any documents or materials prepared by them, and in the event Consultant
fails to secure such assignment, Consultant shall indemnify City for all damages resulting
therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as
“works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby
deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions,
response to interrogatories or other information concerning the work performed under this
Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided
Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under. City retains the right, but has no obligation, to represent Consultant or be present at
any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and
to provide City with the opportunity to review any response to discovery requests provided by
Consultant. However, this right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of San Bernardino, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
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Court, venue shall lie exclusively in the Central District of California, in the County of San
Bernardino, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed after
the date of default. Instead, the City may give notice to Consultant of the default and the reasons
for the default. The notice shall include the timeframe in which Consultant may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Consultant is in default, the City shall hold
all invoices and shall, when the default is cured, proceed with payment on the invoices. In the
alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices
during the period of default. If Consultant does not cure the default, the City may take necessary
steps to terminate this Agreement under this Article. Any failure on the part of the City to give
notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights
or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of City
to exercise such right to deduct or to withhold shall not, however, affect the obligations of the
Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
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of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any
other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon written notice to Consultant. In addition, the
Consultant may terminate this Contract for cause, upon sixty (60) days’ advance written notice to
City. Upon receipt of any notice of termination, Consultant shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer. Except where the
Consultant has initiated termination, the Consultant shall be entitled to compensation for all
services rendered prior to the effective date of the notice of termination and for any services
authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or
such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event
the Consultant has initiated termination, the Consultant shall be entitled to compensation only for
the reasonable value of the work product actually produced hereunder. In the event of termination
without cause pursuant to this Section, the terminating party need not provide the non-terminating
party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and
prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to
the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such
damages), and City may withhold any payments to the Consultant for the purpose of set-off or
partial payment of the amounts owed the City as previously stated.
7.9 Attorney’s Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such action
or proceeding, in addition to any other relief which may be granted, whether legal or equitable,
shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any
appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable
costs for investigating such action, taking depositions and discovery and all other necessary costs
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the court allows which are incurred in such litigation. All such fees shall be deemed to have
accrued on commencement of such action and shall be enforceable whether or not such action is
prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successor, or for breach of any obligation of the terms
of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant’s performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times avoid
conflicts of interest or the appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected
class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions
imposed, together with any and all costs, including attorney’s fees, incurred by City.
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ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party
desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager
and to the attention of the Contract Officer (with her/his name and City title), City of Grand
Terrace, 22795 Barton Rd, Grand Terrace, CA 92313, and in the case of the Consultant, to the
person(s) at the address designated on the execution page of this Agreement. Either party may
change its address by notifying the other party of the change of address in writing. Notice shall be
deemed communicated at the time personally delivered or in seventy-two (72) hours from the time
of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. No amendment to or modification
of this Agreement shall be valid unless made in writing and approved by the Consultant and by
the City Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections
contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or
decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any
of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder
unless the invalid provision is so material that its invalidity deprives either party of the basic benefit
of their bargain or renders this Agreement meaningless.
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9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this
Agreement, nor shall any official, officer, or employee of City participate in any decision relating
to this Agreement which may affect his/her financial interest or the financial interest of any
corporation, partnership, or association in which (s)he is directly or indirectly interested, or in
violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
“financial interest” shall be consistent with State law and shall not include interests found to be
“remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5.
Nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation, including but not limited to the Political Reform Act (Government Code
Sections 81000, et seq.)
Consultant warrants and represents that it has not paid or given, and will not pay or give,
to any third party including, but not limited to, any City official, officer, or employee, any money,
consideration, or other thing of value as a result or consequence of obtaining or being awarded any
agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render this
Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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01247.0006/656676.4 7/9/2020 19
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
CITY:
City of Grand Terrace, a municipal corporation
_____________________________________
Darcy McNaboe, Mayor
ATTEST:
___________________________________
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
___________________________________
Adrian R. Guerra, City Attorney
CONSULTANT:
TKE ENGINEERING, INC.
By: ___________________________________
Name:
Title:
By: ___________________________________
Name:
Title:
Address: 2305 Chicago Ave.
Riverside, CA 92507
Tel: 951-680-0440
Fax: 951-680-0490
Two corporate officer signatures required when Consultant is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2020 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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01247.0006/656676.4 7/9/2020
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2020 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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01247.0006/656676.4 7/9/2020 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. On an on-call basis, Consultant will perform Professional Engineering services generally
described in this Scope of Services. This Agreement retains the Consultant’s on-call
availability, but does not guarantee that the Consultant shall be selected to provide
services on a project-specific Task Order.
II. When the City requests proposals from on-call engineers (including the Consultant) on a
project-specific Task Order, and if the City accepts Consultant’s proposal, then the Task
Order and Notice to Proceed shall provide in detail Consultant’s Scope of Services on that
Task Order. This Agreement does not guarantee that Consultant will be selected to perform
services on Task Orders. This Agreement does not provide for Consultant’s compensation
except for Consultant’s services rendered pursuant to a Notice to Proceed on a Task Order.
III. Consultant’s on-call Professional Engineering Services may include, but are not limited to,
the following:
A. Project studies
B. Research
C. Grant Opportunities for Public Works projects
D. Land Survey
E. Coordinate and/or obtain approvals from various private and public
agencies
F. Public meetings, workshops, and presentations
G. Project-related reports
H. Develop conceptual/preliminary plans and designs
I. Develop construction plans and specifications
J. Project estimates
K. Project schedule
L. Bid analysis
M. Environmental documents and permit compliance
N. Utility research and coordination
O. Construction support (such as review of quantities and field inspections)
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01247.0006/656676.4 7/9/2020 A-2
P. Construction management
Q. Services associated with project development
R. Provide development processing services, including, but not limited to, plan
and map checking, on-site oversight, and inspections for new development
activity as directed.
S. Provide City Traffic Engineering related services such as traffic safety
investigations, speed zone surveys, route planning, corridor analysis,
capacity evaluations, bicycle and pedestrian facilities analysis, traffic
impact reports, traffic signal and control systems, parking facilities, street
signage and marking programs, and street lighting;
IV. Consultant’s on-call Professional Engineering Services may include temporary
augmentation of staff functions including, but not limited to, the following:
A. Perform at the Project Engineer and/or Project Manager (both of which are referred
to herein as “PM”) level to assist the Public Works department with various
projects.
B. The PM shall be a registered professional Civil Engineer licensed to practice in the
State of California, with a minimum of 10 years of experience in design and
construction management and project management of a variety of Public Works
projects. The PM shall have clear oral and written communication skills.
C. The PM’s services may be required during all or part of a project, from planning
stages to project conclusion.
D. The PM shall efficiently conduct effective workshops with community groups and
have an explicit understanding of the California Public Contract Code.
E. The PM will be housed in City Hall performing requisite management and
administrative services on projects, and coordinate with City staff.
F. Develop matrices of the active and proposed projects with schedules, budgets, and
priorities.
G. Perform thorough research of information relevant to each project (i.e. record
drawings, field investigation, site conditions, restrictions, and CEQA status).
H. Discuss and coordinate future projects with various agencies (e.g. utility
companies, pipeline companies, San Bernardino County, San Bernardino Sheriffs,
and Caltrans).
I. Prepare and compose Requests for Proposals (RFP). Review and evaluate proposals
and provide recommendations to City Engineer, Director of Public Works, and City
Council.
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01247.0006/656676.4 7/9/2020 A-3
J. Prepare and conduct presentations to City staff, City Council, Commissions, and
the public.
K. Draft construction plans using Autocad® software or such other software that the
City may require.
L. Compose project specifications and estimates.
M. Prepare and coordinate projects for the bidding process.
N. Coordinate, conduct, and attend various meetings (e.g. staff meetings, construction
meetings, progress meetings, utility coordination meetings, Council meetings, and
workshops).
O. Meet with various City departments and solicit input for project design, schedule,
and budgets.
P. Manage project budgets and closely work with City’s Finance Department staff.
Q. Review, evaluate, approve, and process payments to consultants, contractors, and
various agencies.
R. Review, evaluate, negotiate, and approve proposed changes by consultants and
contractors.
S. Perform field work such as inspections and job walks.
T. Efficiently and effectively develop and manage multiple Public Works Capital
Improvement Projects from planning stage through the conclusion of the project.
V. Consultant must perform all on-call Services in compliance with the following
requirements:
A. Each task shall be indicated by a written request (Task Order) produced by the
Contract Officer with a description of the work to be performed, and the time
desired for completion. All tasks shall be carried out in conformity with all
provisions of this Agreement.
B. Consultant must prepare a written description of the requested tasks including all
components and subtasks; the costs to perform the task (“Task Budget”), using the
itemized fees in Exhibit C, Schedule of Compensation, whenever a requested task
is provided for in Exhibit C; explain how the cost was determined; and, a schedule
for completion of the task (“Task Completion Date”); which shall all collectively
be referred to as the “Task Proposal”.
C. Contract Officer shall in writing approve, modify, or reject the Task Proposal, and
may issue a Notice to Proceed.
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01247.0006/656676.4 7/9/2020 A-4
D. The task shall be performed at a cost not to exceeding the Task Budget.
E. Consultant shall complete the task and deliver all deliverables to Contract Officer
by the Task Completion Date.
VI. In addition to the requirements of Section 6.2 and pursuant to the Task Order’s project-
specific Scope of Services, the Contract Officer may require the Consultant to provide the
following deliverables, as applicable:
A. Project studies
B. Research results
C. Grant information and application
D. Survey maps
E. Photos
F. Conceptual plans
G. 50% Construction Plan Submittal
H. Construction plan submittal with specifications and estimates at 75%, 90%, and
100% levels
I. Permits
J. Inspection Reports and field reports
K. All other related items the City deems necessary for the project
VII. All work product is subject to review and acceptance by the City, and must be revised by
the Consultant without additional charge to the City until found satisfactory and accepted
by City.
VIII. Consultant will utilize qualified personnel with the following titles to perform the Services
required by the applicable Task Order. Consultant shall obtain the Contract Officer’s
advanced written approval when replacing any individual assigned to perform services on
Task Orders:
A. Terry Renner, PE, QSD, Project Manager
B. Robert Doss, PE
C. Gabor Pakozdi, PE, QSD/ASP
D. Ronald A. Musser, PLS, Director of Survey
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01247.0006/656676.4 7/9/2020 A-5
E. Monae Pugh, Project Manager/Senior Traffic Specialist
F. Michelle Arellano, PE, Senior Plan Checker
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01247.0006/656676.4 7/9/2020 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
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01247.0006/656676.4 7/9/2020 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. This Schedule of Compensation governs Consultant’s compensation in the event the
Consultant performs services pursuant to a Notice to Proceed on a Task Order. This
Agreement does not guarantee that Consultant will be selected to perform services on
Task Orders.
II. Consultant responding to the City’s request for proposals on a project-specific Task Order
shall establish a Task Budget for the Task Order, identifying the subtasks based on the time
and rates of the personnel performing the subtasks, and itemizing all materials and
equipment utilized and the costs thereof. If payment is to be made other than at completion
of the services, then the phases of the performance and percentage of payment due shall
also be shown in the Task Proposal. Consultant’s proposals on Task Orders shall be based
on hourly rates identical to the rates attached as Exhibit C-1.
III. The City shall retain ten percent (10%) from each payment as a contract retention to be
paid as part of final payment upon satisfactory completion of services on a Task Order.
IV. City will compensate Consultant for the Services performed upon submission of a valid
invoice. Each invoice is to include
A. Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and
travel properly charged to the Services.
V. The total compensation for the Services shall not exceed $50,000 for the term of this
Agreement, as provided in Section 2.1 of this Agreement.
VI. Consultant’s billing rates for Services are attached as Exhibit C-1. To the extent any portion
of Consultant’s work is subject to prevailing wage requirements, then Consultant’s
proposal on a Task Order shall include a Task Budget with hourly rates adjusted for
prevailing wage.
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01247.0006/656676.4 7/9/2020 C-2
EXHIBIT “C-1”
CONSULTANT’S RATES
Classification Hourly Billing Rate
Engineering
Principal In Charge $160
Project Manager $160
Traffic Engineer $160
Director of Public Works $150
Lead Engineer $150
Supervising Engineer $150
Senior Engineer $140
Engineering Associate III $125
Engineering Associate II $115
Engineering Associate I $105
Senior Engineering Technician $105
Engineering Technician III $95
Engineering Technician II $85
Engineering Technician I $75
Student Trainee $30
Grading Plans Examiner $140
Construction Management
Construction Manager $145
Assistant Construction Manager $130
Supervising Public Works Observer $135
Senior Public Works Observer $125
Public Works Observer III $120
Public Works Observer II $115
Public Works Observer I $105
Overtime 140% of the above listed rates
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01247.0006/656676.4 7/9/2020 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. From the term of this Agreement, Consultant shall provide Services on an on-call basis as
set forth in Exhibit A.
II. If the City selects the Consultant’s proposal to perform a project-specific Task Order, the
Task Order’s Scope of Work/Services or the Notice to Proceed, or both, shall provide the
detailed schedule of performance.
III. The Contract Officer may approve extensions for performance of the Services in
accordance with Section 3.2.
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01247.0006/656677.2 7/9/2020
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF GRAND TERRACE
and
WILLDAN ENGINEERING
for
ON-CALL ENGINEERING SERVICES
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01247.0006/656677.2 7/9/2020
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AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF GRAND TERRACE AND
WILLDAN ENGINEERING FOR
ON-CALL ENGINEERING SERVICES
This “AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY
OF GRAND TERRACE AND WILLDAN ENGINEERING FOR ON-CALL ENGINEERING
SERVICES” (herein “Agreement”) is made and entered into this ____ day of ________, 2020 by
and between the City of Grand Terrace, a California municipal corporation (“City”) and Willdan
Engineering, a California corporation (“Consultant”). City and Consultant are sometimes
hereinafter individually referred to as “Party” and hereinafter collectively referred to as the
“Parties.”
RECITALS
A. City has sought, by issuance of a Request for Qualifications, the performance of
the services defined and described particularly in Article 1 of this Agreement.
B. The Parties desire to formalize the selection of Consultant for performance of those
services defined and described particularly in Article 1 of this Agreement and desire that the terms
of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the
Parties and contained herein and other consideration, the value and adequacy of which are hereby
acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide
those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated
herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Consultant represents and
warrants that it has the qualifications, experience, and facilities necessary to properly perform the
services required under this Agreement in a thorough, competent, and professional manner, and is
experienced in performing the work and services contemplated herein. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all services
described herein. Consultant covenants that it shall follow the highest professional standards in
performing the work and services required hereunder and that all materials will be both of good
quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest
professional standards” shall mean those standards of practice recognized by one or more first-
class firms performing similar work under similar circumstances.
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1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement
shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in
accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as
may be required by law for the performance of the services required by this Agreement. Consultant
shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties
and interest, which may be imposed by law and arise from or are necessary for the Consultant’s
performance of the services required by this Agreement, and shall indemnify, defend and hold
harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes,
penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant’s risk until written instructions are
received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish
continuous protection to the work, and the equipment, materials, papers, documents, plans, studies
and/or other components thereof to prevent losses or damages, and shall be responsible for all such
damages, to persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City’s own negligence.
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1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all instruments,
prepare all documents and take all actions as may be reasonably necessary to carry out the purposes
of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of
the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or
make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work,
and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written
approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the
Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty
(180) days, may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively, must be approved by the City Council. It is expressly understood by
Consultant that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to
be provided pursuant to the Scope of Services may be more costly or time consuming than
Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.
City may in its sole and absolute discretion have similar work done by other consultants. No
claims for an increase in the Contract Sum or time for performance shall be valid unless the
procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein
by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other
provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for actual
expenses, shall not exceed Fifty Thousand Dollars ($50,000) (the “Contract Sum”), unless
additional compensation is approved pursuant to Section 1.8.
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2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services, less
contract retention; (iii) payment for time and materials based upon the Consultant’s rates as
specified in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not
exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and
expenses incurred during the preceding month in a form approved by City’s Director of Finance.
By submitting an invoice for payment under this Agreement, Consultant is certifying compliance
with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual
expenses by the following categories: labor (by sub-category), travel, materials, equipment,
supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such
categories. Consultant shall not invoice City for any duplicate services performed by more than
one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed
invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures,
the City cannot guarantee that payment will occur within this time period. In the event any charges
or expenses are disputed by City, the original invoice shall be returned by City to Consultant for
correction and resubmission. Review and payment by City for any invoice provided by the
Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable
law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed
to waive any defects in work performed by Consultant.
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement. In addition, upon issuance of
a Notice to Proceed on a Task Order, time is of the essence in the performance of the Task Order’s
Scope of Work or Scope of Services.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in the
“Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires,
earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency, including the City, if the Consultant shall
within ten (10) days of the commencement of such delay notify the Contract Officer in writing of
the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and
extend the time for performing the services for the period of the enforced delay when and if in the
judgment of the Contract Officer such delay is justified. The Contract Officer’s determination
shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be
entitled to recover damages against the City for any delay in the performance of this Agreement,
however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this
Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding two (2)
years from the date hereof. The City in its sole and absolute discretion may extend the term of this
Agreement by one (1) year.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the work
specified herein and make all decisions in connection therewith:
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Fredrick Wickman, PE Project Manager
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only competent personnel to perform services pursuant to this Agreement. Consultant shall make
every reasonable effort to maintain the stability and continuity of Consultant’s staff and
subcontractors, if any, assigned to perform the services required under this Agreement. Consultant
shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to
perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees
or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to
City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the City Manager or such person as may be designated by
the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is
kept informed of the progress of the performance of the services and the Consultant shall refer any
decisions which must be made by City to the Contract Officer. Unless otherwise specified herein,
any approval of City required hereunder shall mean the approval of the Contract Officer. The
Contract Officer shall have authority, if specified in writing by the City Manager, to sign all
documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or
means by which Consultant, its agents or employees, perform the services required herein, except
as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or
control of Consultant’s employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Consultant shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Consultant shall not at any
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time or in any manner represent that it or any of its agents or employees are agents or employees
of City. City shall not in any way or for any purpose become or be deemed to be a partner of
Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with
Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written approval of City. Transfers restricted hereunder shall include the transfer
to any person or group of persons acting in concert of more than twenty five percent (25%) of the
present ownership and/or control of Consultant, taking all transfers into account on a cumulative
basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this
Agreement shall be void. No approved transfer shall release the Consultant or any surety of
Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form and
content satisfactory to City, during the entire term of this Agreement including any extension
thereof, the following policies of insurance which shall cover all elected and appointed officers,
employees and agents of City:
(a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A
policy of comprehensive general liability insurance written on a per occurrence basis for bodily
injury, personal injury and property damage. The policy of insurance shall be in an amount not
less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general
aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance. A policy of worker’s compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or
damage arising from any injuries or occupational diseases occurring to any worker employed by
or any persons retained by the Consultant in the course of carrying out the work or services
contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and
endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance
written on a per occurrence for bodily injury and property damage in an amount not less than
$1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any
automobile.
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(d) Professional Liability. Professional liability insurance appropriate to the
Consultant’s profession. This coverage may be written on a “claims made” basis, and must include
coverage for contractual liability. The professional liability insurance required by this Agreement
must be endorsed to be applicable to claims based upon, arising out of or related to services
performed under this Agreement. The insurance must be maintained for at least 5 consecutive
years following the completion of Consultant’s services or the termination of this Agreement.
During this additional 5-year period, Consultant shall annually and upon request of the City submit
written evidence of this continuous coverage.
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City,
its elected and appointed officers, employees and agents as additional insureds and any insurance
maintained by City or its officers, employees or agents may apply in excess of, and not contribute
with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and
contribution it may have against the City, its officers, employees and agents and their respective
insurers. Moreover, the insurance policy must specify that where the primary insured does not
satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or
cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice
by certified mail return receipt requested to the City. In the event any of said policies of insurance
are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance
in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Consultant has
provided the City with Certificates of Insurance, additional insured endorsement forms or
appropriate insurance binders evidencing the above insurance coverages and said Certificates of
Insurance or binders are approved by the City. City reserves the right to inspect complete, certified
copies of and endorsements to all required insurance policies at any time. Any failure to comply
with the reporting or other provisions of the policies including breaches or warranties shall not
affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate
endorsement) and shall conform to the following “cancellation” notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY
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ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed] ______________
Consultant Initials
City, its respective elected and appointed officers, directors, officials, employees, agents
and volunteers are to be covered as additional insureds as respects: liability arising out of activities
Consultant performs; products and completed operations of Consultant; premises owned, occupied
or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The
coverage shall contain no special limitations on the scope of protection afforded to City, and their
respective elected and appointed officers, officials, employees or volunteers. Consultant’s
insurance shall apply separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer’s liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At
the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects City or its respective elected or appointed officers, officials, employees and
volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related
investigations, claim administration, defense expenses and claims. The Consultant agrees that the
requirement to provide insurance shall not be construed as limiting in any way the extent to which
the Consultant may be held responsible for the payment of damages to any persons or property
resulting from the Consultant’s activities or the activities of any person or persons for which the
Consultant is otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as
provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with
Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall
require the subcontractor to maintain the same policies of insurance that the Consultant is required
to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to
City.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold
and save them and each of them harmless from, any and all actions, either judicial, administrative,
arbitration or regulatory claims, damages to persons or property, losses, costs, penalties,
obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or
liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein of
Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity
for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’
reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance
of or failure to perform any term, provision, covenant or condition of this Agreement, and in
connection therewith:
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(a) Consultant will defend any action or actions filed in connection with any of
said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s
fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection with
the negligent performance of or failure to perform such work, operations or activities of Consultant
hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees
harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorney’s
fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it
fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted
by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that
design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of
the negligence, recklessness or willful misconduct of the design professional. The indemnity
obligation shall be binding on successors and assigns of Consultant and shall survive termination
of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies
qualified to do business in California, rated “A” or better in the most recent edition of Best Rating
Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category
Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk
Manager”) due to unique circumstances. If this Agreement continues for more than 3 years
duration, or in the event the risk manager determines that the work or services to be performed
under this Agreement creates an increased or decreased risk of loss to the City, the Consultant
agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt
of written notice from the Risk Manager.
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ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts,
invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the “books and records”), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete and
detailed. The Contract Officer shall have full and free access to such books and records at all times
during normal business hours of City, including the right to inspect, copy, audit and make records
and transcripts from such records. Such records shall be maintained for a period of three (3) years
following completion of the services hereunder, and the City shall have access to such records in
the event any audit is required. In the event of dissolution of Consultant’s business, custody of the
books and records may be given to City, and access shall be provided by Consultant’s successor
in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in
providing access to the books and records if a public records request is made and disclosure is
required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of
work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees
that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or
will materially increase or decrease the cost of the work or services contemplated herein or, if
Consultant is providing design services, the cost of the project being designed, Consultant shall
promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the “documents and materials”),
including any electronic documents and materials, prepared by Consultant, its employees,
subcontractors and agents in the performance of this Agreement shall be the property of City and
shall be delivered to City in a format of the City’s choice upon request of the Contract Officer or
upon the termination of this Agreement, and Consultant shall have no claim for further
employment or additional compensation as a result of the exercise by City of its full rights of
ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or
assignment of such completed documents for other projects and/or use of uncompleted documents
without specific written authorization by the Consultant will be at the City’s sole risk and without
liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use,
reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant
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shall have the right to use the concepts embodied therein. All subcontractors shall provide for
assignment to City of any documents or materials prepared by them, and in the event Consultant
fails to secure such assignment, Consultant shall indemnify City for all damages resulting
therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as
“works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby
deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions,
response to interrogatories or other information concerning the work performed under this
Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided
Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under. City retains the right, but has no obligation, to represent Consultant or be present at
any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and
to provide City with the opportunity to review any response to discovery requests provided by
Consultant. However, this right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of San Bernardino, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
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Court, venue shall lie exclusively in the Central District of California, in the County of San
Bernardino, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed after
the date of default. Instead, the City may give notice to Consultant of the default and the reasons
for the default. The notice shall include the timeframe in which Consultant may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Consultant is in default, the City shall hold
all invoices and shall, when the default is cured, proceed with payment on the invoices. In the
alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices
during the period of default. If Consultant does not cure the default, the City may take necessary
steps to terminate this Agreement under this Article. Any failure on the part of the City to give
notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights
or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of City
to exercise such right to deduct or to withhold shall not, however, affect the obligations of the
Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
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of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any
other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon written notice to Consultant. In addition, the
Consultant may terminate this Contract for cause, upon sixty (60) days’ advance written notice to
City. Upon receipt of any notice of termination, Consultant shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer. Except where the
Consultant has initiated termination, the Consultant shall be entitled to compensation for all
services rendered prior to the effective date of the notice of termination and for any services
authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or
such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event
the Consultant has initiated termination, the Consultant shall be entitled to compensation only for
the reasonable value of the work product actually produced hereunder. In the event of termination
without cause pursuant to this Section, the terminating party need not provide the non-terminating
party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and
prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to
the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such
damages), and City may withhold any payments to the Consultant for the purpose of set-off or
partial payment of the amounts owed the City as previously stated.
7.9 Attorney’s Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such action
or proceeding, in addition to any other relief which may be granted, whether legal or equitable,
shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any
appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable
costs for investigating such action, taking depositions and discovery and all other necessary costs
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the court allows which are incurred in such litigation. All such fees shall be deemed to have
accrued on commencement of such action and shall be enforceable whether or not such action is
prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successor, or for breach of any obligation of the terms
of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant’s performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times avoid
conflicts of interest or the appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected
class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions
imposed, together with any and all costs, including attorney’s fees, incurred by City.
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ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party
desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager
and to the attention of the Contract Officer (with her/his name and City title), City of Grand
Terrace, 22795 Barton Rd, Grand Terrace, CA 92313, and in the case of the Consultant, to the
person(s) at the address designated on the execution page of this Agreement. Either party may
change its address by notifying the other party of the change of address in writing. Notice shall be
deemed communicated at the time personally delivered or in seventy-two (72) hours from the time
of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. No amendment to or modification
of this Agreement shall be valid unless made in writing and approved by the Consultant and by
the City Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections
contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or
decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any
of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder
unless the invalid provision is so material that its invalidity deprives either party of the basic benefit
of their bargain or renders this Agreement meaningless.
H.11.h
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01247.0006/656677.2 7/9/2020
-18-
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this
Agreement, nor shall any official, officer, or employee of City participate in any decision relating
to this Agreement which may affect his/her financial interest or the financial interest of any
corporation, partnership, or association in which (s)he is directly or indirectly interested, or in
violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
“financial interest” shall be consistent with State law and shall not include interests found to be
“remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5.
Nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation, including but not limited to the Political Reform Act (Government Code
Sections 81000, et seq.)
Consultant warrants and represents that it has not paid or given, and will not pay or give,
to any third party including, but not limited to, any City official, officer, or employee, any money,
consideration, or other thing of value as a result or consequence of obtaining or being awarded any
agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render this
Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
H.11.h
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01247.0006/656677.2 7/9/2020 19
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
CITY:
City of Grand Terrace, a municipal corporation
_____________________________________
Darcy McNaboe, Mayor
ATTEST:
__________________________________
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
__________________________________
Adrian R. Guerra, City Attorney
CONSULTANT:
Willdan Engineering, a California corporation
By: ___________________________________
Name:
Title:
By: ___________________________________
Name:
Title:
Address: _____________________________
_____________________________
______________________________
Two corporate officer signatures required when Consultant is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
H.11.h
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01247.0006/656677.2 7/9/2020
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2020 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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01247.0006/656677.2 7/9/2020
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2020 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
H.11.h
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01247.0006/656677.2 7/9/2020 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. On an on-call basis, Consultant will perform Professional Engineering services generally
described in this Scope of Services. This Agreement retains the Consultant’s on-call
availability, but does not guarantee that the Consultant shall be selected to provide
services on a project-specific Task Order.
II. When the City requests proposals from on-call engineers (including the Consultant) on a
project-specific Task Order, and if the City accepts Consultant’s proposal, then the Task
Order and Notice to Proceed shall provide in detail Consultant’s Scope of Services on that
Task Order. This Agreement does not guarantee that Consultant will be selected to perform
services on Task Orders. This Agreement does not provide for Consultant’s compensation
except for Consultant’s services rendered pursuant to a Notice to Proceed on a Task Order.
III. Consultant’s on-call Professional Engineering Services may include, but are not limited to,
the following:
A. Project studies
B. Research
C. Grant Opportunities for Public Works projects
D. Land Survey
E. Coordinate and/or obtain approvals from various private and public
agencies
F. Public meetings, workshops, and presentations
G. Project-related reports
H. Develop conceptual/preliminary plans and designs
I. Develop construction plans and specifications
J. Project estimates
K. Project schedule
L. Bid analysis
M. Environmental documents and permit compliance
N. Utility research and coordination
O. Construction support (such as review of quantities and field inspections)
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01247.0006/656677.2 7/9/2020 A-2
P. Construction management
Q. Services associated with project development
R. Provide development processing services, including, but not limited to, plan
and map checking, on-site oversight, and inspections for new development
activity as directed.
S. Provide City Traffic Engineering related services such as traffic safety
investigations, speed zone surveys, route planning, corridor analysis,
capacity evaluations, bicycle and pedestrian facilities analysis, traffic
impact reports, traffic signal and control systems, parking facilities, street
signage and marking programs, and street lighting;
IV. Consultant’s on-call Professional Engineering Services may include temporary
augmentation of staff functions including, but not limited to, the following:
A. Perform at the Project Engineer and/or Project Manager (both of which are referred
to herein as “PM”) level to assist the Public Works department with various
projects.
B. The PM shall be a registered professional Civil Engineer licensed to practice in the
State of California, with a minimum of 10 years of experience in design and
construction management and project management of a variety of Public Works
projects. The PM shall have clear oral and written communication skills.
C. The PM’s services may be required during all or part of a project, from planning
stages to project conclusion.
D. The PM shall efficiently conduct effective workshops with community groups and
have an explicit understanding of the California Public Contract Code.
E. The PM will be housed in City Hall performing requisite management and
administrative services on projects, and coordinate with City staff.
F. Develop matrices of the active and proposed projects with schedules, budgets, and
priorities.
G. Perform thorough research of information relevant to each project (i.e. record
drawings, field investigation, site conditions, restrictions, and CEQA status).
H. Discuss and coordinate future projects with various agencies (e.g. utility
companies, pipeline companies, San Bernardino County, San Bernardino Sheriffs,
and Caltrans).
I. Prepare and compose Requests for Proposals (RFP). Review and evaluate proposals
and provide recommendations to City Engineer, Director of Public Works, and City
Council.
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01247.0006/656677.2 7/9/2020 A-3
J. Prepare and conduct presentations to City staff, City Council, Commissions, and
the public.
K. Draft construction plans using Autocad® software or such other software that the
City may require.
L. Compose project specifications and estimates.
M. Prepare and coordinate projects for the bidding process.
N. Coordinate, conduct, and attend various meetings (e.g. staff meetings, construction
meetings, progress meetings, utility coordination meetings, Council meetings, and
workshops).
O. Meet with various City departments and solicit input for project design, schedule,
and budgets.
P. Manage project budgets and closely work with City’s Finance Department staff.
Q. Review, evaluate, approve, and process payments to consultants, contractors, and
various agencies.
R. Review, evaluate, negotiate, and approve proposed changes by consultants and
contractors.
S. Perform field work such as inspections and job walks.
T. Efficiently and effectively develop and manage multiple Public Works Capital
Improvement Projects from planning stage through the conclusion of the project.
V. Consultant must perform all on-call Services in compliance with the following
requirements:
A. Each task shall be indicated by a written request (Task Order) produced by the
Contract Officer with a description of the work to be performed, and the time
desired for completion. All tasks shall be carried out in conformity with all
provisions of this Agreement.
B. Consultant must prepare a written description of the requested tasks including all
components and subtasks; the costs to perform the task (“Task Budget”), using the
itemized fees in Exhibit C, Schedule of Compensation, whenever a requested task
is provided for in Exhibit C; explain how the cost was determined; and, a schedule
for completion of the task (“Task Completion Date”); which shall all collectively
be referred to as the “Task Proposal”.
C. Contract Officer shall in writing approve, modify, or reject the Task Proposal, and
may issue a Notice to Proceed.
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01247.0006/656677.2 7/9/2020 A-4
D. The task shall be performed at a cost not to exceeding the Task Budget.
E. Consultant shall complete the task and deliver all deliverables to Contract Officer
by the Task Completion Date.
VI. In addition to the requirements of Section 6.2 and pursuant to the Task Order’s project-
specific Scope of Services, the Contract Officer may require the Consultant to provide the
following deliverables, as applicable:
A. Project studies
B. Research results
C. Grant information and application
D. Survey maps
E. Photos
F. Conceptual plans
G. 50% Construction Plan Submittal
H. Construction plan submittal with specifications and estimates at 75%, 90%, and
100% levels
I. Permits
J. Inspection Reports and field reports
K. All other related items the City deems necessary for the project
VII. All work product is subject to review and acceptance by the City, and must be revised by
the Consultant without additional charge to the City until found satisfactory and accepted
by City.
VIII. Consultant will utilize qualified personnel with the following titles to perform the Services
required by the applicable Task Order. Consultant shall obtain the Contract Officer’s
advanced written approval when replacing any individual assigned to perform services on
Task Orders:
A. Frederick Wickman, PE, Project Manager
B. Vanessa Munoz, PE, TE, PTOE, Principal-in-Charge
C. Ron Stein, PE, Private Development Review Task Leader
D. Salvador Lopez Jr., Environmental Preparation & Permitting Task Leader
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01247.0006/656677.2 7/9/2020 A-5
E. Mohsen Rahimian, PE, GE, Material Remediation Task Leader
F. Christopher D. Baca, RCI, CESSWI, Construction Management Task Leader
G. Diane Rukavina, PE, Grant Administration Task Manager
H. Alexis Escobar, EIT, General Civil Engineering/Utility Design
I. Bernardo Reyes, General Civil Engineering/Utility Design/Private Development
Review
J. Melvin Gillard, General Civil Engineering/Utility Design
K. Patricia Hernandez, General Civil Engineering/Utility Design
L. Randy Shadowen, General Civil Engineering/Utility Design
M. Kenneth Krieger, General Civil Engineering/Private Development Review
N. Bryan Nguyen, RLA, Landscape Architecture
O. Carlos Espinoza, Landscape Architecture
P. Sheila McCracken, Utility Design
Q. David Krommenhoek, PLS, Land Surveying and Mapping Services
R. Susana Barrientos, Land Surveying and Mapping Services
S. Peter Rei, PE, PLS, Land Surveying and Mapping Services/Private Development
Review
T. Farhad Iranitalab, PE, TE, Traffic Engineering and Planning
U. Manoochehr Adhami, PE, TE, Traffic Engineering and Planning
V. Robert Burch, Traffic Engineering and Planning/Private Development Review
W. Kevin Custado, EIT, Traffic Engineering and Planning/Private Development
Review
X. Reginald Greene, Traffic Engineering and Planning
Y. Nicolle Spann, EIT, Traffic Engineering and Planning
Z. Chris Stone, Private Development Review
AA. Joanne Itagaki, Private Development Review
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01247.0006/656677.2 7/9/2020 A-6
BB. Loren Clifton, PE, Private Development Review
CC. Glenn Hale, PE, CEM, CPESC, QSP/D, Private Development Review
DD. James Mitsch, PE, Staff Augmentation
EE. John M. Thomason, QSP/D, CPESC, CESSWI, ENV SP, LEED AP,
Environmental Preparation and Permitting
FF. Christine Kudija, JD, AICP, Environmental Preparation and Permitting
GG. Ross Khiabani, PE, GE, Material Remediation
HH. Larry Brown, Construction Management
II. Jason Brown, Construction Management
JJ. Matthew Crim, EIT, Construction Management
KK. Jane Freij, Construction Management
LL. Rafael Casillas, PE, Public Outreach and Communication
MM. Christopher Kelley, PE, QSD/P, Municipal Stormwater Permit Compliance
Services
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01247.0006/656677.2 7/9/2020 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
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01247.0006/656677.2 7/9/2020 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. This Schedule of Compensation governs Consultant’s compensation in the event the
Consultant performs services pursuant to a Notice to Proceed on a Task Order. This
Agreement does not guarantee that Consultant will be selected to perform services on
Task Orders.
II. Consultant responding to the City’s request for proposals on a project-specific Task Order
shall establish a Task Budget for the Task Order, identifying the subtasks based on the time
and rates of the personnel performing the subtasks, and itemizing all materials and
equipment utilized and the costs thereof. If payment is to be made other than at completion
of the services, then the phases of the performance and percentage of payment due shall
also be shown in the Task Proposal. Consultant’s proposals on Task Orders shall be based
on hourly rates identical to the rates attached as Exhibit C-1.
III. The City shall retain ten percent (10%) from each payment as a contract retention to be
paid as part of final payment upon satisfactory completion of services on a Task Order.
IV. City will compensate Consultant for the Services performed upon submission of a valid
invoice. Each invoice is to include
A. Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and
travel properly charged to the Services.
V. The total compensation for the Services shall not exceed $50,000 for the term of this
Agreement, as provided in Section 2.1 of this Agreement.
VI. Consultant’s billing rates for Services are attached as Exhibit C-1. To the extent any portion
of Consultant’s work is subject to prevailing wage requirements, then Consultant’s
proposal on a Task Order shall include a Task Budget with hourly rates adjusted for
prevailing wage.
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01247.0006/656677.2 7/9/2020 C-2
EXHIBIT “C-1”
CONSULTANT’S RATES
Classification Hourly Billing Rate
Engineering
Principal In Charge $160
Project Manager $160
Traffic Engineer $160
Director of Public Works $150
Lead Engineer $150
Supervising Engineer $150
Senior Engineer $140
Engineering Associate III $125
Engineering Associate II $115
Engineering Associate I $105
Senior Engineering Technician $105
Engineering Technician III $95
Engineering Technician II $85
Engineering Technician I $75
Student Trainee $30
Grading Plans Examiner $140
Construction Management
Construction Manager $145
Assistant Construction Manager $130
Supervising Public Works Observer $135
Senior Public Works Observer $125
Public Works Observer III $120
Public Works Observer II $115
Public Works Observer I $105
Overtime 140% of the above listed rates
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01247.0006/656677.2 7/9/2020 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. From the term of this Agreement, Consultant shall provide Services on an on-call basis as
set forth in Exhibit A.
II. If the City selects the Consultant’s proposal to perform a project-specific Task Order, the
Task Order’s Scope of Work/Services or the Notice to Proceed, or both, shall provide the
detailed schedule of performance.
III. The Contract Officer may approve extensions for performance of the Services in
accordance with Section 3.2.
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