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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 C.2 Packet Pg. 7 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u n 2 3 , 2 0 2 0 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) 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 C.2 Packet Pg. 8 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u n 2 3 , 2 0 2 0 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) 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. C.2 Packet Pg. 9 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u n 2 3 , 2 0 2 0 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) 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. C.2 Packet Pg. 10 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u n 2 3 , 2 0 2 0 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) 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 C.2 Packet Pg. 11 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u n 2 3 , 2 0 2 0 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) 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. C.2 Packet Pg. 12 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u n 2 3 , 2 0 2 0 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) 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 C.2 Packet Pg. 13 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u n 2 3 , 2 0 2 0 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) 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 C.2 Packet Pg. 14 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u n 2 3 , 2 0 2 0 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) 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 C.2 Packet Pg. 15 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u n 2 3 , 2 0 2 0 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) 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 C.2 Packet Pg. 16 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u n 2 3 , 2 0 2 0 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) 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 C.3 Packet Pg. 17 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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 1 2 C.3 Packet Pg. 18 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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 3 4 C.3 Packet Pg. 19 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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 5 6 C.3 Packet Pg. 20 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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? 7 8 C.3 Packet Pg. 21 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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 9 10 C.3 Packet Pg. 22 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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 11 12 C.3 Packet Pg. 23 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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 13 14 C.3 Packet Pg. 24 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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 15 16 C.3 Packet Pg. 25 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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. 17 18 C.3 Packet Pg. 26 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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 19 20 C.3 Packet Pg. 27 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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 21 22 C.3 Packet Pg. 28 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) •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 23 C.3 Packet Pg. 29 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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. 1 2 C.3 Packet Pg. 30 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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. 3 4 C.3 Packet Pg. 31 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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. 5 6 C.3 Packet Pg. 32 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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. 7 8 C.3 Packet Pg. 33 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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 1 2 C.3 Packet Pg. 34 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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 3 4 C.3 Packet Pg. 35 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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  5 6 C.3 Packet Pg. 36 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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 7 8 C.3 Packet Pg. 37 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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 9 10 C.3 Packet Pg. 38 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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  11 12 C.3 Packet Pg. 39 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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 13 14 C.3 Packet Pg. 40 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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 “A” Top Priority “B” High Priority “C” Priority Code of Conduct – Legislative Body  Handbook City Attorney 2020‐21 Council  Priorities 15 16 C.3 Packet Pg. 41 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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. 1 2 C.3 Packet Pg. 42 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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. 3 4 C.3 Packet Pg. 43 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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. 5 6 C.3 Packet Pg. 44 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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 7 C.3 Packet Pg. 45 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 2 1 2 C.3 Packet Pg. 46 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 3 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 3 4 C.3 Packet Pg. 47 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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 6 5 6 C.3 Packet Pg. 48 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 2018-19 2018-19 2019-20 2019-20 2020-21 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 7 8 C.3 Packet Pg. 49 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 2018-19 2018-19 2019-20 2019-20 2020-21 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 9 10 C.3 Packet Pg. 50 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) $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 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 12 11 12 C.3 Packet Pg. 51 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 13 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) 13 14 C.3 Packet Pg. 52 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 15 Adopt Resolution 2020-XX adopting the Annual Budget for FY2020-21. 15 16 C.3 Packet Pg. 53 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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 1 2 C.3 Packet Pg. 54 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) Background •1989 the City formed Landscaping and Lighting Assessment District No. 89-01 •5 Annexations •7 Tracts / Zones 3 4 C.3 Packet Pg. 55 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 5 6 C.3 Packet Pg. 56 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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 7 8 C.3 Packet Pg. 57 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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 9 10 C.3 Packet Pg. 58 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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 11 C.3 Packet Pg. 59 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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. 1 2 C.3 Packet Pg. 60 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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 3 4 C.3 Packet Pg. 61 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) U.S. DEPARTMENT OF THE TREASURY  5 C.3 Packet Pg. 62 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) City Manager Update June 23, 2020 COVID-19 Workshop for Code Of Ethic/ Council Policies Illegal Fireworks 1 2 C.3 Packet Pg. 63 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) ccpubliccomment@grandterrace‐ca.gov Update  6/23/2020 3 4 C.3 Packet Pg. 64 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 10,010 COVID‐19 CASES IN SAN BERNARDINO COUNTY 234 DEATHS IN SAN BERNARDINO COUNTY 4 DEATHS IN Grand Terrace 616 GT Residents Tested 5 6 C.3 Packet Pg. 65 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) June 25, 2020 Walk in Testing Clinic At Senior  Center for 55 Years or Older. 7 8 C.3 Packet Pg. 66 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) tinyurl.com/COVID19‐92313 Questions 9 10 C.3 Packet Pg. 67 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) Workshop for Code Of Ethic/ Council Policies Illegal Fireworks 11 12 C.3 Packet Pg. 68 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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 13 14 C.3 Packet Pg. 69 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) Illegal Fireworks Both Sheriff and Fire Department will have increased patrol units 15 C.3 Packet Pg. 70 Co m m u n i c a t i o n : A t t a c h m e n t t o M i n u t e s - 0 6 / 2 3 / 2 0 2 0 ( C o n s e n t C a l e n d a r ) 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. C.4 Packet Pg. 71 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 C.4 Packet Pg. 72 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. C.5 Packet Pg. 73 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 C.5 Packet Pg. 74 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 C.5 Packet Pg. 75 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? _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ C.5.a Packet Pg. 76 At t a c h m e n t : M E H K O S S u r v e y - B l a n K ( M i c r o e n t e r p r i s e H o m e K i t c h e n O p e r a t i o n s ( M E H K O s ) ) 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. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ C.5.a Packet Pg. 77 At t a c h m e n t : M E H K O S S u r v e y - B l a n K ( M i c r o e n t e r p r i s e H o m e K i t c h e n O p e r a t i o n s ( M E H K O s ) ) 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: C.5.b Packet Pg. 78 At t a c h m e n t : H o m e O c c u p a t i o n P e r m i t ( M i c r o e n t e r p r i s e H o m e K i t c h e n O p e r a t i o n s ( M E H K O s ) ) 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: C.5.b Packet Pg. 79 At t a c h m e n t : H o m e O c c u p a t i o n P e r m i t ( M i c r o e n t e r p r i s e H o m e K i t c h e n O p e r a t i o n s ( M E H K O s ) ) *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 C.5.c Packet Pg. 80 At t a c h m e n t : G r a n d T e r r a c e N e w B u s i n e s s A p p l i c a t i o n - I n s i d e C i t y 9 . 2 0 . 1 9 ( M i c r o e n t e r p r i s e H o m e K i t c h e n O p e r a t i o n s ( M E H K O s ) ) 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. C.5.c Packet Pg. 81 At t a c h m e n t : G r a n d T e r r a c e N e w B u s i n e s s A p p l i c a t i o n - I n s i d e C i t y 9 . 2 0 . 1 9 ( M i c r o e n t e r p r i s e H o m e K i t c h e n O p e r a t i o n s ( M E H K O s ) ) 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: C.6 Packet Pg. 82 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 C.6 Packet Pg. 83 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) C.6 Packet Pg. 84 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 C.6 Packet Pg. 85 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. C.6.a Packet Pg. 86 At t a c h m e n t : C h e c k R e g i s t e r A c c o u n t I n d e x ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 At t a c h m e n t : C h e c k R e g i s t e r A c c o u n t I n d e x ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 At t a c h m e n t : J u n - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 At t a c h m e n t : J u n - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 At t a c h m e n t : J u n - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 At t a c h m e n t : J u n - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 At t a c h m e n t : J u n - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 At t a c h m e n t : J u n - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 At t a c h m e n t : J u n - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 At t a c h m e n t : J u n - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 At t a c h m e n t : J u n - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 At t a c h m e n t : J u n - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 At t a c h m e n t : J u n - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 At t a c h m e n t : J u n - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 At t a c h m e n t : J u n - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 At t a c h m e n t : J u n - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 At t a c h m e n t : J u n - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 At t a c h m e n t : J u n - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 At t a c h m e n t : J u n - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 At t a c h m e n t : J u n - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 At t a c h m e n t : J u n - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 At t a c h m e n t : J u n - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 At t a c h m e n t : J u n - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 At t a c h m e n t : J u n - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 At t a c h m e n t : M a y - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 At t a c h m e n t : M a y - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 At t a c h m e n t : M a y - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 At t a c h m e n t : M a y - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 At t a c h m e n t : M a y - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 At t a c h m e n t : M a y - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 Packet Pg. 116 At t a c h m e n t : M a y - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 Packet Pg. 117 At t a c h m e n t : M a y - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 Packet Pg. 118 At t a c h m e n t : M a y - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 Packet Pg. 119 At t a c h m e n t : M a y - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 At t a c h m e n t : M a y - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 At t a c h m e n t : M a y - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 $162.54 $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 $684.68 $684.68 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 At t a c h m e n t : M a y - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 E 10-172-250-100-000 $126.00 $126.00 00415938 INSPECTION SVCS- PARCEL MAP 16945 04/24/2020 E 10-172-250-100-000 $126.00 $126.00 00415936 INSPECTION SVCS- 23115 PALM 04/24/2020 E 10-172-250-100-000 $126.00 $126.00 00415937 INSPECTION SVCS- TRACT 18071 04/24/2020 E 10-172-250-100-000 $126.00 $260.00 00415935 3/13/20 CONSTRUCTION INSPECTION 04/24/2020 E 10-172-250-100-000 $126.00 E 10-172-250-100-000 $4,527.50 $4,527.50 JAN 2020 PW PLAN CHECK AND REVIEW SVCS 02/06/2020 E 10-172-250-100-000 $260.00 $190.05 $1,440.91 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 Packet Pg. 123 At t a c h m e n t : M a y - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 E 10-160-250-100-000 $478.88 $1,043.50 56540 MAR 2020 LEGAL SERVICES 04/27/2020 E 10-160-250-100-000 $582.68 $1,159.00 56022 FEB 2020 LEGAL SERVICES 03/19/2020 E 10-160-250-100-000 $1,043.50 $1,482.00 56538 MAR 2020 LEGAL SERVICES 04/27/2020 E 10-160-250-000-000 $1,159.00 $3,132.63 56539 MAR 2020 LEGAL SERVICES 04/27/2020 E 10-160-250-100-000 $1,482.00 $3,781.00 56537 MAR 2020 LEGAL SERVICES 04/27/2020 E 10-160-250-000-000 $3,132.63 E 10-160-250-100-000 $4,095.00 $4,095.00 MAR 2020 COVID-19 LEGAL PROFESSIONAL SERV 04/27/2020 E 90-160-250-000-000 $3,781.00 E 10-160-250-000-000 $6,720.00 $6,720.00 56535 MAR 2020 LEGAL SERVICES 04/27/2020 E 10-160-250-000-000 $7,070.50 $7,070.50 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 At t a c h m e n t : M a y - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 $231.35 32111 ORDINANCE NO. 330 1ST READING 04/20/2020 E 10-175-230-000-000 $231.35 $231.35 32056 NOTICE INVITING BIDS- MT. VERNON SAFETY 03/20/2020 E 10-125-230-000-000 $231.35 $231.35 32018 NOTICE INVITING BIDS- MT. VERNON SAFETY 03/12/2020 E 10-125-230-000-000 $231.35 $231.35 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 E 90-120-220-000-000 CITY HALL PERS PROTECT $906.39 E 90-175-220-000-000 PW PERS PROTECT EQPT $2,398.19 E 10-175-246-000-000 ADAPTER-TRAFF SRVR $58.07 E 10-185-272-000-000 TIRES-FORD RANGER $363.35 E 10-195-245-000-000 RESTROOM PLUMBING PA $27.43 E 10-120-220-000-000 OFFICE SUPPLIES $18.19 E 10-125-270-000-000 MTRLS & SUPPLIES $4.19 E 10-172-210-000-000 ADOBE SUBSCRIPTION $33.14 E 10-110-210-000-000 ADOBE SUBSCRIPTION $101.94 E 10-110-270-000-000 CHAMBERS LAPTOP $393.28 E 10-120-210-000-000 SB SUN SUBSCRIPTION $10.00 77292 05/24/2020 ARROWHEAD CREDIT UNION APR 2020 VISA APR 2020 VISA CHARGES 05/02/2020 C.6.c Packet Pg. 125 At t a c h m e n t : M a y - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 E 10-195-245-000-000 $258.85 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 E 10-450-245-000-000 $129.25 $129.25 92144937 PEST SUPER DYE BLUE, COVERALL, PEST NO FO 05/12/2020 E 10-450-255-000-000 $650.00 $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 $1,375.00 19356 GENERAL CLEAN-UP/ WEED ABATEMNT 02/18/2020 E 10-195-245-000-000 $152.94 $152.94 $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 At t a c h m e n t : M a y - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 E 10-175-210-000-000 $124.99 $124.99 489459056001 COPY PAPER 05/08/2020 E 10-140-210-000-000 $134.99 $134.99 429253099001 VARIOUS OFFICE SUPPLIES 01/15/2020 E 10-625-220-000-000 $570.86 $570.86 $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 Packet Pg. 127 At t a c h m e n t : M a y - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 $596.19 JUN-2020-DM JUN-2020 HEALTH REIMBURSEMENT 05/28/2020 E 10-110-142-000-000 $596.19 $596.19 MAY-2020-DM MAY-2020 HEALTH REIMBURSEMENT 05/01/2020 E 10-110-142-000-000 $269.42 $269.42 $269.42 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 $4,940.00 00222526 MAR 2020 CODE ENFORCEMENT OFFICER 04/10/2020 E 10-175-250-000-000 $578.36 $578.36 $578.36 77307 05/24/2020 WILLDAN 00222284 JAN 2020 CODE ENFORCEMENT OFFICER 02/17/2020 E 10-450-245-000-000 $24.66 $24.66 $120.49 77306 05/24/2020 TKE ENGINEERING INC 2019-1226 TRACT 18071 INSPECTION FEES 03/10/2020 E 10-450-245-000-000 $95.83 $95.83 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 Packet Pg. 128 At t a c h m e n t : M a y - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 $188.04 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 $5,409.00 $5,409.00 77312 05/31/2020 CITY NEWSPAPER GROUP 32203 ORDINANCE 330 2ND READING 05/18/2020 E 90-120-250-000-000 $1,700.00 $1,700.00 $1,700.00 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 Packet Pg. 129 At t a c h m e n t : M a y - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 $60.00 $1,620.00 77318 05/31/2020 LINCOLN NATIONAL LIFE INSURANC LCLN JUN 2020 JUN 2020 LIFE/AD&D/DEP LIFE/WI/LTD 06/01/2020 E 10-172-250-100-000 $1,560.00 $1,560.00 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 Packet Pg. 130 At t a c h m e n t : M a y - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) Invoice # Check Register CITY OF GRAND TERRACE As of 5/31/2020 Inv. Date Amount Paid Check TotalCheck #Date Vendor Invoice Description E 16-900-220-000-000 $74.35 $74.35 E 16-900-220-000-000 $76.00 $76.00 122019293 JAN20 MONTHLY MAINTENANCE FEE 01/01/2020 E 10-175-250-000-000 $295.00 $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 C.6.c Packet Pg. 131 At t a c h m e n t : M a y - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 C.6.c Packet Pg. 132 At t a c h m e n t : M a y - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) This page left intentionally blank. C.6.c Packet Pg. 133 At t a c h m e n t : M a y - 2 0 2 0 C h e c k R e g i s t e r R e p o r t ( M a y 2 0 2 0 a n d J u n e 2 0 2 0 C h e c k R e g i s t e r s ) 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 F.7 Packet Pg. 134 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 F.7 Packet Pg. 135 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. F.7 Packet Pg. 136 • 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. F.7 Packet Pg. 137 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 F.7 Packet Pg. 138 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 F.7.a Packet Pg. 139 At t a c h m e n t : G r a n d T e r r a c e V M T R e s o l u t i o n [ R e v i s i o n 2 ] ( A d o p t V e h i c l e M i l e s T r a v e l e d T h r e s h o l d s ) 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 F.7.a Packet Pg. 140 At t a c h m e n t : G r a n d T e r r a c e V M T R e s o l u t i o n [ R e v i s i o n 2 ] ( A d o p t V e h i c l e M i l e s T r a v e l e d T h r e s h o l d s ) 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 F.7.a Packet Pg. 141 At t a c h m e n t : G r a n d T e r r a c e V M T R e s o l u t i o n [ R e v i s i o n 2 ] ( A d o p t V e h i c l e M i l e s T r a v e l e d T h r e s h o l d s ) 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. F.7.a Packet Pg. 142 At t a c h m e n t : G r a n d T e r r a c e V M T R e s o l u t i o n [ R e v i s i o n 2 ] ( A d o p t V e h i c l e M i l e s T r a v e l e d T h r e s h o l d s ) 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. F.8 Packet Pg. 143 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) F.8 Packet Pg. 144 • 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 F.8 Packet Pg. 145 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. F.8.a Packet Pg. 146 At t a c h m e n t : I . P u b l i c H e a r i n g I n s t r u c t i o n S h e e t ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 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. F.8.a Packet Pg. 147 At t a c h m e n t : I . P u b l i c H e a r i n g I n s t r u c t i o n S h e e t ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 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 F.8.b Packet Pg. 148 At t a c h m e n t : I I . O r d e r o f P r o c e d u r e ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 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 F.8.c Packet Pg. 149 At t a c h m e n t : I I I . F Y 2 0 - 2 1 E n g i n e e r ' s R e p o r t ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) F.8.c Packet Pg. 150 At t a c h m e n t : I I I . F Y 2 0 - 2 1 E n g i n e e r ' s R e p o r t ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 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 F.8.c Packet Pg. 151 At t a c h m e n t : I I I . F Y 2 0 - 2 1 E n g i n e e r ' s R e p o r t ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 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 F.8.c Packet Pg. 152 At t a c h m e n t : I I I . F Y 2 0 - 2 1 E n g i n e e r ' s R e p o r t ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 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. F.8.c Packet Pg. 153 At t a c h m e n t : I I I . F Y 2 0 - 2 1 E n g i n e e r ' s R e p o r t ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 3 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. F.8.c Packet Pg. 154 At t a c h m e n t : I I I . F Y 2 0 - 2 1 E n g i n e e r ' s R e p o r t ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 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 F.8.c Packet Pg. 155 At t a c h m e n t : I I I . F Y 2 0 - 2 1 E n g i n e e r ' s R e p o r t ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 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. F.8.c Packet Pg. 156 At t a c h m e n t : I I I . F Y 2 0 - 2 1 E n g i n e e r ' s R e p o r t ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 6 (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 F.8.c Packet Pg. 157 At t a c h m e n t : I I I . F Y 2 0 - 2 1 E n g i n e e r ' s R e p o r t ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 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. F.8.c Packet Pg. 158 At t a c h m e n t : I I I . F Y 2 0 - 2 1 E n g i n e e r ' s R e p o r t ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 8 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”). F.8.c Packet Pg. 159 At t a c h m e n t : I I I . F Y 2 0 - 2 1 E n g i n e e r ' s R e p o r t ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 9 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 F.8.c Packet Pg. 160 At t a c h m e n t : I I I . F Y 2 0 - 2 1 E n g i n e e r ' s R e p o r t ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 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 F.8.c Packet Pg. 161 At t a c h m e n t : I I I . F Y 2 0 - 2 1 E n g i n e e r ' s R e p o r t ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 11 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. F.8.c Packet Pg. 162 At t a c h m e n t : I I I . F Y 2 0 - 2 1 E n g i n e e r ' s R e p o r t ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 12 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. F.8.c Packet Pg. 163 At t a c h m e n t : I I I . F Y 2 0 - 2 1 E n g i n e e r ' s R e p o r t ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 13 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: F.8.c Packet Pg. 164 At t a c h m e n t : I I I . F Y 2 0 - 2 1 E n g i n e e r ' s R e p o r t ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 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. F.8.c Packet Pg. 165 At t a c h m e n t : I I I . F Y 2 0 - 2 1 E n g i n e e r ' s R e p o r t ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 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. F.8.c Packet Pg. 166 At t a c h m e n t : I I I . F Y 2 0 - 2 1 E n g i n e e r ' s R e p o r t ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 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 Packet Pg. 167 At t a c h m e n t : I I I . F Y 2 0 - 2 1 E n g i n e e r ' s R e p o r t ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 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 Packet Pg. 168 At t a c h m e n t : I I I . F Y 2 0 - 2 1 E n g i n e e r ' s R e p o r t ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 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 At t a c h m e n t : I I I . F Y 2 0 - 2 1 E n g i n e e r ' s R e p o r t ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 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 At t a c h m e n t : I I I . F Y 2 0 - 2 1 E n g i n e e r ' s R e p o r t ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 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 Packet Pg. 171 At t a c h m e n t : I I I . F Y 2 0 - 2 1 E n g i n e e r ' s R e p o r t ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 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 Packet Pg. 172 At t a c h m e n t : I I I . F Y 2 0 - 2 1 E n g i n e e r ' s R e p o r t ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 22 F.8.c Packet Pg. 173 At t a c h m e n t : I I I . F Y 2 0 - 2 1 E n g i n e e r ' s R e p o r t ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 23 F.8.c Packet Pg. 174 At t a c h m e n t : I I I . F Y 2 0 - 2 1 E n g i n e e r ' s R e p o r t ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 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 Packet Pg. 175 At t a c h m e n t : I I I . F Y 2 0 - 2 1 E n g i n e e r ' s R e p o r t ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 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 Packet Pg. 176 At t a c h m e n t : I I I . F Y 2 0 - 2 1 E n g i n e e r ' s R e p o r t ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 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 Packet Pg. 177 At t a c h m e n t : I I I . F Y 2 0 - 2 1 E n g i n e e r ' s R e p o r t ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 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 Packet Pg. 178 At t a c h m e n t : I I I . F Y 2 0 - 2 1 E n g i n e e r ' s R e p o r t ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 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. F.8.c Packet Pg. 179 At t a c h m e n t : I I I . F Y 2 0 - 2 1 E n g i n e e r ' s R e p o r t ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 22 F.8.d Packet Pg. 180 At t a c h m e n t : I V . T r a c t M a p Z o n e s 1 - 7 ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 2020/2021 City of Grand Terrace - L&L AD No. 89-1 Page 23 F.8.d Packet Pg. 181 At t a c h m e n t : I V . T r a c t M a p Z o n e s 1 - 7 ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 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 Packet Pg. 182 At t a c h m e n t : I V . T r a c t M a p Z o n e s 1 - 7 ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 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 Packet Pg. 183 At t a c h m e n t : I V . T r a c t M a p Z o n e s 1 - 7 ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 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 Packet Pg. 184 At t a c h m e n t : I V . T r a c t M a p Z o n e s 1 - 7 ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 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 Packet Pg. 185 At t a c h m e n t : I V . T r a c t M a p Z o n e s 1 - 7 ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t D i s t r i c t 8 9 - 1 ) 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 F.8.e Packet Pg. 186 At t a c h m e n t : V . R e s o l u t i o n - L e v y o f A s s e s s m e n t s [ R e v i s i o n 1 ] ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t 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 F.8.e Packet Pg. 187 At t a c h m e n t : V . R e s o l u t i o n - L e v y o f A s s e s s m e n t s [ R e v i s i o n 1 ] ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t 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 F.8.e Packet Pg. 188 At t a c h m e n t : V . R e s o l u t i o n - L e v y o f A s s e s s m e n t s [ R e v i s i o n 1 ] ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t 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 F.8.e Packet Pg. 189 At t a c h m e n t : V . R e s o l u t i o n - L e v y o f A s s e s s m e n t s [ R e v i s i o n 1 ] ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t 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 F.8.e Packet Pg. 190 At t a c h m e n t : V . R e s o l u t i o n - L e v y o f A s s e s s m e n t s [ R e v i s i o n 1 ] ( A n n u a l L e v y o f A s s e s s m e n t f o r 2 0 2 0 - 2 1 L a n d s c a p e & L i g h t i n g A s s e s s m e n t 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 G.9 Packet Pg. 191 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) G.9 Packet Pg. 192 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 G.9 Packet Pg. 193 G.9.a Packet Pg. 194 At t a c h m e n t : A t t a c h m e n t I - A p p l i c a n t A p p l i c a t i o n s _ R e d a c t e d ( P l a n n i n g C o m m i s s i o n A p p o i n t m e n t s ) G.9.a Packet Pg. 195 At t a c h m e n t : A t t a c h m e n t I - A p p l i c a n t A p p l i c a t i o n s _ R e d a c t e d ( P l a n n i n g C o m m i s s i o n A p p o i n t m e n t s ) G.9.a Packet Pg. 196 At t a c h m e n t : A t t a c h m e n t I - A p p l i c a n t A p p l i c a t i o n s _ R e d a c t e d ( P l a n n i n g C o m m i s s i o n A p p o i n t m e n t s ) G.9.a Packet Pg. 197 At t a c h m e n t : A t t a c h m e n t I - A p p l i c a n t A p p l i c a t i o n s _ R e d a c t e d ( P l a n n i n g C o m m i s s i o n A p p o i n t m e n t s ) G.9.a Packet Pg. 198 At t a c h m e n t : A t t a c h m e n t I - A p p l i c a n t A p p l i c a t i o n s _ R e d a c t e d ( P l a n n i n g C o m m i s s i o n A p p o i n t m e n t s ) G.9.a Packet Pg. 199 At t a c h m e n t : A t t a c h m e n t I - A p p l i c a n t A p p l i c a t i o n s _ R e d a c t e d ( P l a n n i n g C o m m i s s i o n A p p o i n t m e n t s ) G.9.a Packet Pg. 200 At t a c h m e n t : A t t a c h m e n t I - A p p l i c a n t A p p l i c a t i o n s _ R e d a c t e d ( P l a n n i n g C o m m i s s i o n A p p o i n t m e n t s ) G.9.a Packet Pg. 201 At t a c h m e n t : A t t a c h m e n t I - A p p l i c a n t A p p l i c a t i o n s _ R e d a c t e d ( P l a n n i n g C o m m i s s i o n A p p o i n t m e n t s ) G.9.a Packet Pg. 202 At t a c h m e n t : A t t a c h m e n t I - A p p l i c a n t A p p l i c a t i o n s _ R e d a c t e d ( P l a n n i n g C o m m i s s i o n A p p o i n t m e n t s ) G.9.a Packet Pg. 203 At t a c h m e n t : A t t a c h m e n t I - A p p l i c a n t A p p l i c a t i o n s _ R e d a c t e d ( P l a n n i n g C o m m i s s i o n A p p o i n t m e n t s ) G.9.a Packet Pg. 204 At t a c h m e n t : A t t a c h m e n t I - A p p l i c a n t A p p l i c a t i o n s _ R e d a c t e d ( P l a n n i n g C o m m i s s i o n A p p o i n t m e n t s ) G.9.a Packet Pg. 205 At t a c h m e n t : A t t a c h m e n t I - A p p l i c a n t A p p l i c a t i o n s _ R e d a c t e d ( P l a n n i n g C o m m i s s i o n A p p o i n t m e n t s ) 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. G.10 Packet Pg. 206 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 G.10 Packet Pg. 207 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 G.10.a Packet Pg. 208 At t a c h m e n t : Z C A 2 0 - 0 1 , S P A 2 0 - 0 1 _ O r d i n a n c e [ R e v i s i o n 1 ] ( Z o n i n g C o d e A m e n d m e n t 2 0 - 0 1 a n d S p e c i f i c P l a n 2 0 - 0 1 - R e g u l a t i n g O v e r n i g h t 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 G.10.a Packet Pg. 209 At t a c h m e n t : Z C A 2 0 - 0 1 , S P A 2 0 - 0 1 _ O r d i n a n c e [ R e v i s i o n 1 ] ( Z o n i n g C o d e A m e n d m e n t 2 0 - 0 1 a n d S p e c i f i c P l a n 2 0 - 0 1 - R e g u l a t i n g O v e r n i g h t 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. G.10.a Packet Pg. 210 At t a c h m e n t : Z C A 2 0 - 0 1 , S P A 2 0 - 0 1 _ O r d i n a n c e [ R e v i s i o n 1 ] ( Z o n i n g C o d e A m e n d m e n t 2 0 - 0 1 a n d S p e c i f i c P l a n 2 0 - 0 1 - R e g u l a t i n g O v e r n i g h t 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 G.10.a Packet Pg. 211 At t a c h m e n t : Z C A 2 0 - 0 1 , S P A 2 0 - 0 1 _ O r d i n a n c e [ R e v i s i o n 1 ] ( Z o n i n g C o d e A m e n d m e n t 2 0 - 0 1 a n d S p e c i f i c P l a n 2 0 - 0 1 - R e g u l a t i n g O v e r n i g h t 01247.0005/636118.2 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; G.10.b Packet Pg. 212 At t a c h m e n t : Z C A 2 0 - 0 1 , S P A 2 0 - 0 1 _ E x h i b i t A ( Z o n i n g C o d e A m e n d m e n t 2 0 - 0 1 a n d S p e c i f i c P l a n 2 0 - 0 1 - R e g u l a t i n g O v e r n i g h t U s e s ) 01247.0005/636118.2 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; G.10.b Packet Pg. 213 At t a c h m e n t : Z C A 2 0 - 0 1 , S P A 2 0 - 0 1 _ E x h i b i t A ( Z o n i n g C o d e A m e n d m e n t 2 0 - 0 1 a n d S p e c i f i c P l a n 2 0 - 0 1 - R e g u l a t i n g O v e r n i g h t U s e s ) 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. G.10.b Packet Pg. 214 At t a c h m e n t : Z C A 2 0 - 0 1 , S P A 2 0 - 0 1 _ E x h i b i t A ( Z o n i n g C o d e A m e n d m e n t 2 0 - 0 1 a n d S p e c i f i c P l a n 2 0 - 0 1 - R e g u l a t i n g O v e r n i g h t U s e s ) 01247.0005/636118.2 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- G.10.b Packet Pg. 215 At t a c h m e n t : Z C A 2 0 - 0 1 , S P A 2 0 - 0 1 _ E x h i b i t A ( Z o n i n g C o d e A m e n d m e n t 2 0 - 0 1 a n d S p e c i f i c P l a n 2 0 - 0 1 - R e g u l a t i n g O v e r n i g h t U s e s ) 01247.0005/636118.2 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. G.10.b Packet Pg. 216 At t a c h m e n t : Z C A 2 0 - 0 1 , S P A 2 0 - 0 1 _ E x h i b i t A ( Z o n i n g C o d e A m e n d m e n t 2 0 - 0 1 a n d S p e c i f i c P l a n 2 0 - 0 1 - R e g u l a t i n g O v e r n i g h t U s e s ) 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 G.10.c Packet Pg. 217 At t a c h m e n t : Z C A 2 0 - 0 1 , E x h i b i t B - B a r t o n R o a d S p e c i f i c P l a n A m e n d m e n t s ( Z o n i n g C o d e A m e n d m e n t 2 0 - 0 1 a n d S p e c i f i c P l a n 2 0 - 0 1 - 01247.0005/636129.1 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) G.10.c Packet Pg. 218 At t a c h m e n t : Z C A 2 0 - 0 1 , E x h i b i t B - B a r t o n R o a d S p e c i f i c P l a n A m e n d m e n t s ( Z o n i n g C o d e A m e n d m e n t 2 0 - 0 1 a n d S p e c i f i c P l a n 2 0 - 0 1 - 01247.0005/636129.1 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 G.10.c Packet Pg. 219 At t a c h m e n t : Z C A 2 0 - 0 1 , E x h i b i t B - B a r t o n R o a d S p e c i f i c P l a n A m e n d m e n t s ( Z o n i n g C o d e A m e n d m e n t 2 0 - 0 1 a n d S p e c i f i c P l a n 2 0 - 0 1 - 01247.0005/636129.1 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 G.10.c Packet Pg. 220 At t a c h m e n t : Z C A 2 0 - 0 1 , E x h i b i t B - B a r t o n R o a d S p e c i f i c P l a n A m e n d m e n t s ( Z o n i n g C o d e A m e n d m e n t 2 0 - 0 1 a n d S p e c i f i c P l a n 2 0 - 0 1 - 01247.0005/636129.1 Veterinary (domestic, non- boarding) C(5) Watch and Clock Repair Stores P P P Yardage Goods Stores P P G.10.c Packet Pg. 221 At t a c h m e n t : Z C A 2 0 - 0 1 , E x h i b i t B - B a r t o n R o a d S p e c i f i c P l a n A m e n d m e n t s ( Z o n i n g C o d e A m e n d m e n t 2 0 - 0 1 a n d S p e c i f i c P l a n 2 0 - 0 1 - 01247.0005/636129.1 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 G.10.c Packet Pg. 222 At t a c h m e n t : Z C A 2 0 - 0 1 , E x h i b i t B - B a r t o n R o a d S p e c i f i c P l a n A m e n d m e n t s ( Z o n i n g C o d e A m e n d m e n t 2 0 - 0 1 a n d S p e c i f i c P l a n 2 0 - 0 1 - 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. G.10.c Packet Pg. 223 At t a c h m e n t : Z C A 2 0 - 0 1 , E x h i b i t B - B a r t o n R o a d S p e c i f i c P l a n A m e n d m e n t s ( Z o n i n g C o d e A m e n d m e n t 2 0 - 0 1 a n d S p e c i f i c P l a n 2 0 - 0 1 - BARTON RD. BART O N R D . PALM AVE. MT . V E R N O N VIV I E N D A A V E . MI C H I G A N A V E . PR E S T O N A V E . 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 N G.10.d Packet Pg. 224 At t a c h m e n t : b a r t o n _ r o a d _ s p e c i f i c _ p l a n ( Z o n i n g C o d e A m e n d m e n t 2 0 - 0 1 a n d S p e c i f i c P l a n 2 0 - 0 1 - 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 G.10.e Packet Pg. 225 At t a c h m e n t : N o t i c e o f E x e m p t i o n [ R e v i s i o n 1 ] ( Z o n i n g C o d e A m e n d m e n t 2 0 - 0 1 a n d S p e c i f i c P l a n 2 0 - 0 1 - R e g u l a t i n g O v e r n i g h t U s e s ) 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 H.11 Packet Pg. 226 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 H.11 Packet Pg. 227 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. H.11 Packet Pg. 228 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 H.11 Packet Pg. 229 H.11.a Packet Pg. 230 At t a c h m e n t : A t t a c h m e n t I - S u m m a r y o f F u n d e d P o s i t i o n s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g H.11.b Packet Pg. 231 At t a c h m e n t : A t t a c h m e n t I I - P u b l i c W o r k s P r i o r i t y P r o j e c t s 2 0 2 0 - 2 0 2 1 ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) H.11.b Packet Pg. 232 At t a c h m e n t : A t t a c h m e n t I I - P u b l i c W o r k s P r i o r i t y P r o j e c t s 2 0 2 0 - 2 0 2 1 ( P S A f o r I n t e r i m P u b l i c W o r k s a n d H.11.b Packet Pg. 233 At t a c h m e n t : A t t a c h m e n t I I - P u b l i c W o r k s P r i o r i t y P r o j e c t s 2 0 2 0 - 2 0 2 1 ( P S A f o r I n t e r i m P u b l i c W o r k s a n d H.11.b Packet Pg. 234 At t a c h m e n t : A t t a c h m e n t I I - P u b l i c W o r k s P r i o r i t y P r o j e c t s 2 0 2 0 - 2 0 2 1 ( P S A f o r I n t e r i m P u b l i c W o r k s a n d H.11.b Packet Pg. 235 At t a c h m e n t : A t t a c h m e n t I I - P u b l i c W o r k s P r i o r i t y P r o j e c t s 2 0 2 0 - 2 0 2 1 ( P S A f o r I n t e r i m P u b l i c W o r k s a n d H.11.b Packet Pg. 236 At t a c h m e n t : A t t a c h m e n t I I - P u b l i c W o r k s P r i o r i t y P r o j e c t s 2 0 2 0 - 2 0 2 1 ( P S A f o r I n t e r i m P u b l i c W o r k s a n d H.11.b Packet Pg. 237 At t a c h m e n t : A t t a c h m e n t I I - P u b l i c W o r k s P r i o r i t y P r o j e c t s 2 0 2 0 - 2 0 2 1 ( P S A f o r I n t e r i m P u b l i c W o r k s a n d H.11.b Packet Pg. 238 At t a c h m e n t : A t t a c h m e n t I I - P u b l i c W o r k s P r i o r i t y P r o j e c t s 2 0 2 0 - 2 0 2 1 ( P S A f o r I n t e r i m P u b l i c W o r k s a n d H.11.b Packet Pg. 239 At t a c h m e n t : A t t a c h m e n t I I - P u b l i c W o r k s P r i o r i t y P r o j e c t s 2 0 2 0 - 2 0 2 1 ( P S A f o r I n t e r i m P u b l i c W o r k s a n d H.11.b Packet Pg. 240 At t a c h m e n t : A t t a c h m e n t I I - P u b l i c W o r k s P r i o r i t y P r o j e c t s 2 0 2 0 - 2 0 2 1 ( P S A f o r I n t e r i m P u b l i c W o r k s a n d H.11.b Packet Pg. 241 At t a c h m e n t : A t t a c h m e n t I I - P u b l i c W o r k s P r i o r i t y P r o j e c t s 2 0 2 0 - 2 0 2 1 ( P S A f o r I n t e r i m P u b l i c W o r k s a n d H.11.b Packet Pg. 242 At t a c h m e n t : A t t a c h m e n t I I - P u b l i c W o r k s P r i o r i t y P r o j e c t s 2 0 2 0 - 2 0 2 1 ( P S A f o r I n t e r i m P u b l i c W o r k s a n d H.11.b Packet Pg. 243 At t a c h m e n t : A t t a c h m e n t I I - P u b l i c W o r k s P r i o r i t y P r o j e c t s 2 0 2 0 - 2 0 2 1 ( P S A f o r I n t e r i m P u b l i c W o r k s a n d H.11.b Packet Pg. 244 At t a c h m e n t : A t t a c h m e n t I I - P u b l i c W o r k s P r i o r i t y P r o j e c t s 2 0 2 0 - 2 0 2 1 ( P S A f o r I n t e r i m P u b l i c W o r k s a n d H.11.b Packet Pg. 245 At t a c h m e n t : A t t a c h m e n t I I - P u b l i c W o r k s P r i o r i t y P r o j e c t s 2 0 2 0 - 2 0 2 1 ( P S A f o r I n t e r i m P u b l i c W o r k s a n d H.11.b Packet Pg. 246 At t a c h m e n t : A t t a c h m e n t I I - P u b l i c W o r k s P r i o r i t y P r o j e c t s 2 0 2 0 - 2 0 2 1 ( P S A f o r I n t e r i m P u b l i c W o r k s a n d H.11.b Packet Pg. 247 At t a c h m e n t : A t t a c h m e n t I I - P u b l i c W o r k s P r i o r i t y P r o j e c t s 2 0 2 0 - 2 0 2 1 ( P S A f o r I n t e r i m P u b l i c W o r k s a n d H.11.b Packet Pg. 248 At t a c h m e n t : A t t a c h m e n t I I - P u b l i c W o r k s P r i o r i t y P r o j e c t s 2 0 2 0 - 2 0 2 1 ( P S A f o r I n t e r i m P u b l i c W o r k s a n d H.11.b Packet Pg. 249 At t a c h m e n t : A t t a c h m e n t I I - P u b l i c W o r k s P r i o r i t y P r o j e c t s 2 0 2 0 - 2 0 2 1 ( P S A f o r I n t e r i m P u b l i c W o r k s a n d H.11.b Packet Pg. 250 At t a c h m e n t : A t t a c h m e n t I I - P u b l i c W o r k s P r i o r i t y P r o j e c t s 2 0 2 0 - 2 0 2 1 ( P S A f o r I n t e r i m P u b l i c W o r k s a n d H.11.b Packet Pg. 251 At t a c h m e n t : A t t a c h m e n t I I - P u b l i c W o r k s P r i o r i t y P r o j e c t s 2 0 2 0 - 2 0 2 1 ( P S A f o r I n t e r i m P u b l i c W o r k s a n d H.11.b Packet Pg. 252 At t a c h m e n t : A t t a c h m e n t I I - P u b l i c W o r k s P r i o r i t y P r o j e c t s 2 0 2 0 - 2 0 2 1 ( P S A f o r I n t e r i m P u b l i c W o r k s a n d H.11.b Packet Pg. 253 At t a c h m e n t : A t t a c h m e n t I I - P u b l i c W o r k s P r i o r i t y P r o j e c t s 2 0 2 0 - 2 0 2 1 ( P S A f o r I n t e r i m P u b l i c W o r k s a n d H.11.b Packet Pg. 254 At t a c h m e n t : A t t a c h m e n t I I - P u b l i c W o r k s P r i o r i t y P r o j e c t s 2 0 2 0 - 2 0 2 1 ( P S A f o r I n t e r i m P u b l i c W o r k s a n d H.11.b Packet Pg. 255 At t a c h m e n t : A t t a c h m e n t I I - P u b l i c W o r k s P r i o r i t y P r o j e c t s 2 0 2 0 - 2 0 2 1 ( P S A f o r I n t e r i m P u b l i c W o r k s a n d H.11.b Packet Pg. 256 At t a c h m e n t : A t t a c h m e n t I I - P u b l i c W o r k s P r i o r i t y P r o j e c t s 2 0 2 0 - 2 0 2 1 ( P S A f o r I n t e r i m P u b l i c W o r k s a n d H.11.b Packet Pg. 257 At t a c h m e n t : A t t a c h m e n t I I - P u b l i c W o r k s P r i o r i t y P r o j e c t s 2 0 2 0 - 2 0 2 1 ( P S A f o r I n t e r i m P u b l i c W o r k s a n d H.11.b Packet Pg. 258 At t a c h m e n t : A t t a c h m e n t I I - P u b l i c W o r k s P r i o r i t y P r o j e c t s 2 0 2 0 - 2 0 2 1 ( P S A f o r I n t e r i m P u b l i c W o r k s a n d H.11.c Packet Pg. 259 At t a c h m e n t : A t t a c h m e n t I I I - I n t e r w e s t R a t e S h e e t R e s p o n s e t o R F Q ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) H.11.d Packet Pg. 260 At t a c h m e n t : A t t a c h m e n t I V - F u n d B a l a n c e s a s o f e n d o f 2 0 1 9 ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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 H.11.e Packet Pg. 261 At t a c h m e n t : A t t a c h m e n t V - I n t e r w e s t f o r I n t e r i m P u b l i c W o r k s D i r e c t o r A g r e e m e n t ( 2 0 2 0 ) ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g 01247.0006/656471.6 7/9/2020 -2- 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. H.11.e Packet Pg. 262 At t a c h m e n t : A t t a c h m e n t V - I n t e r w e s t f o r I n t e r i m P u b l i c W o r k s D i r e c t o r A g r e e m e n t ( 2 0 2 0 ) ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g 01247.0006/656471.6 7/9/2020 -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. H.11.e Packet Pg. 263 At t a c h m e n t : A t t a c h m e n t V - I n t e r w e s t f o r I n t e r i m P u b l i c W o r k s D i r e c t o r A g r e e m e n t ( 2 0 2 0 ) ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g 01247.0006/656471.6 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 One Hundred Fifty Thousand Dollars ($150,000) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8. H.11.e Packet Pg. 264 At t a c h m e n t : A t t a c h m e n t V - I n t e r w e s t f o r I n t e r i m P u b l i c W o r k s D i r e c t o r A g r e e m e n t ( 2 0 2 0 ) ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g 01247.0006/656471.6 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.e Packet Pg. 265 At t a c h m e n t : A t t a c h m e n t V - I n t e r w e s t f o r I n t e r i m P u b l i c W o r k s D i r e c t o r A g r e e m e n t ( 2 0 2 0 ) ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g 01247.0006/656471.6 7/9/2020 -6- 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: H.11.e Packet Pg. 266 At t a c h m e n t : A t t a c h m e n t V - I n t e r w e s t f o r I n t e r i m P u b l i c W o r k s D i r e c t o r A g r e e m e n t ( 2 0 2 0 ) ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g 01247.0006/656471.6 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 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 H.11.e Packet Pg. 267 At t a c h m e n t : A t t a c h m e n t V - I n t e r w e s t f o r I n t e r i m P u b l i c W o r k s D i r e c t o r A g r e e m e n t ( 2 0 2 0 ) ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g 01247.0006/656471.6 7/9/2020 -8- 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 H.11.e Packet Pg. 268 At t a c h m e n t : A t t a c h m e n t V - I n t e r w e s t f o r I n t e r i m P u b l i c W o r k s D i r e c t o r A g r e e m e n t ( 2 0 2 0 ) ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g 01247.0006/656471.6 7/9/2020 -9- $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: H.11.e Packet Pg. 269 At t a c h m e n t : A t t a c h m e n t V - I n t e r w e s t f o r I n t e r i m P u b l i c W o r k s D i r e c t o r A g r e e m e n t ( 2 0 2 0 ) ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g 01247.0006/656471.6 7/9/2020 -10- 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 H.11.e Packet Pg. 270 At t a c h m e n t : A t t a c h m e n t V - I n t e r w e s t f o r I n t e r i m P u b l i c W o r k s D i r e c t o r A g r e e m e n t ( 2 0 2 0 ) ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g 01247.0006/656471.6 7/9/2020 -11- 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. H.11.e Packet Pg. 271 At t a c h m e n t : A t t a c h m e n t V - I n t e r w e s t f o r I n t e r i m P u b l i c W o r k s D i r e c t o r A g r e e m e n t ( 2 0 2 0 ) ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g 01247.0006/656471.6 7/9/2020 -12- 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 H.11.e Packet Pg. 272 At t a c h m e n t : A t t a c h m e n t V - I n t e r w e s t f o r I n t e r i m P u b l i c W o r k s D i r e c t o r A g r e e m e n t ( 2 0 2 0 ) ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g 01247.0006/656471.6 7/9/2020 -13- 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 H.11.e Packet Pg. 273 At t a c h m e n t : A t t a c h m e n t V - I n t e r w e s t f o r I n t e r i m P u b l i c W o r k s D i r e c t o r A g r e e m e n t ( 2 0 2 0 ) ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g 01247.0006/656471.6 7/9/2020 -14- 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 H.11.e Packet Pg. 274 At t a c h m e n t : A t t a c h m e n t V - I n t e r w e s t f o r I n t e r i m P u b l i c W o r k s D i r e c t o r A g r e e m e n t ( 2 0 2 0 ) ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g 01247.0006/656471.6 7/9/2020 -15- 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.e Packet Pg. 275 At t a c h m e n t : A t t a c h m e n t V - I n t e r w e s t f o r I n t e r i m P u b l i c W o r k s D i r e c t o r A g r e e m e n t ( 2 0 2 0 ) ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g 01247.0006/656471.6 7/9/2020 -16- 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.e Packet Pg. 276 At t a c h m e n t : A t t a c h m e n t V - I n t e r w e s t f o r I n t e r i m P u b l i c W o r k s D i r e c t o r A g r e e m e n t ( 2 0 2 0 ) ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g 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. H.11.e Packet Pg. 277 At t a c h m e n t : A t t a c h m e n t V - I n t e r w e s t f o r I n t e r i m P u b l i c W o r k s D i r e c t o r A g r e e m e n t ( 2 0 2 0 ) ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g 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] H.11.e Packet Pg. 278 At t a c h m e n t : A t t a c h m e n t V - I n t e r w e s t f o r I n t e r i m P u b l i c W o r k s D i r e c t o r A g r e e m e n t ( 2 0 2 0 ) ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g 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. H.11.e Packet Pg. 279 At t a c h m e n t : A t t a c h m e n t V - I n t e r w e s t f o r I n t e r i m P u b l i c W o r k s D i r e c t o r A g r e e m e n t ( 2 0 2 0 ) ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g 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. H.11.e Packet Pg. 280 At t a c h m e n t : A t t a c h m e n t V - I n t e r w e s t f o r I n t e r i m P u b l i c W o r k s D i r e c t o r A g r e e m e n t ( 2 0 2 0 ) ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g 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. H.11.e Packet Pg. 281 At t a c h m e n t : A t t a c h m e n t V - I n t e r w e s t f o r I n t e r i m P u b l i c W o r k s D i r e c t o r A g r e e m e n t ( 2 0 2 0 ) ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g 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; H.11.e Packet Pg. 282 At t a c h m e n t : A t t a c h m e n t V - I n t e r w e s t f o r I n t e r i m P u b l i c W o r k s D i r e c t o r A g r e e m e n t ( 2 0 2 0 ) ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g 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 H.11.e Packet Pg. 283 At t a c h m e n t : A t t a c h m e n t V - I n t e r w e s t f o r I n t e r i m P u b l i c W o r k s D i r e c t o r A g r e e m e n t ( 2 0 2 0 ) ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g 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. H.11.e Packet Pg. 284 At t a c h m e n t : A t t a c h m e n t V - I n t e r w e s t f o r I n t e r i m P u b l i c W o r k s D i r e c t o r A g r e e m e n t ( 2 0 2 0 ) ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g 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 Packet Pg. 285 At t a c h m e n t : A t t a c h m e n t V - I n t e r w e s t f o r I n t e r i m P u b l i c W o r k s D i r e c t o r A g r e e m e n t ( 2 0 2 0 ) ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g 01247.0006/656471.6 7/9/2020 B-1 EXHIBIT “B” SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) H.11.e Packet Pg. 286 At t a c h m e n t : A t t a c h m e n t V - I n t e r w e s t f o r I n t e r i m P u b l i c W o r k s D i r e c t o r A g r e e m e n t ( 2 0 2 0 ) ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g 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 Packet Pg. 287 At t a c h m e n t : A t t a c h m e n t V - I n t e r w e s t f o r I n t e r i m P u b l i c W o r k s D i r e c t o r A g r e e m e n t ( 2 0 2 0 ) ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g 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 Packet Pg. 288 At t a c h m e n t : A t t a c h m e n t V - I n t e r w e s t f o r I n t e r i m P u b l i c W o r k s D i r e c t o r A g r e e m e n t ( 2 0 2 0 ) ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g 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 Packet Pg. 289 At t a c h m e n t : A t t a c h m e n t V - I n t e r w e s t f o r I n t e r i m P u b l i c W o r k s D i r e c t o r A g r e e m e n t ( 2 0 2 0 ) ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g 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 Packet Pg. 290 At t a c h m e n t : A t t a c h m e n t V I - I n t e r w e s t f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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 Packet Pg. 291 At t a c h m e n t : A t t a c h m e n t V I - I n t e r w e s t f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656770.2 7/9/2020 -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. H.11.f Packet Pg. 292 At t a c h m e n t : A t t a c h m e n t V I - I n t e r w e s t f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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 Packet Pg. 293 At t a c h m e n t : A t t a c h m e n t V I - I n t e r w e s t f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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 Packet Pg. 294 At t a c h m e n t : A t t a c h m e n t V I - I n t e r w e s t f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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 Packet Pg. 295 At t a c h m e n t : A t t a c h m e n t V I - I n t e r w e s t f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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 H.11.f Packet Pg. 296 At t a c h m e n t : A t t a c h m e n t V I - I n t e r w e s t f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656770.2 7/9/2020 -8- 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 H.11.f Packet Pg. 297 At t a c h m e n t : A t t a c h m e n t V I - I n t e r w e s t f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656770.2 7/9/2020 -9- $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: H.11.f Packet Pg. 298 At t a c h m e n t : A t t a c h m e n t V I - I n t e r w e s t f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656770.2 7/9/2020 -10- 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 H.11.f Packet Pg. 299 At t a c h m e n t : A t t a c h m e n t V I - I n t e r w e s t f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656770.2 7/9/2020 -11- 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. H.11.f Packet Pg. 300 At t a c h m e n t : A t t a c h m e n t V I - I n t e r w e s t f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656770.2 7/9/2020 -12- 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 H.11.f Packet Pg. 301 At t a c h m e n t : A t t a c h m e n t V I - I n t e r w e s t f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656770.2 7/9/2020 -13- 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 H.11.f Packet Pg. 302 At t a c h m e n t : A t t a c h m e n t V I - I n t e r w e s t f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656770.2 7/9/2020 -14- 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 H.11.f Packet Pg. 303 At t a c h m e n t : A t t a c h m e n t V I - I n t e r w e s t f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656770.2 7/9/2020 -15- 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 Packet Pg. 304 At t a c h m e n t : A t t a c h m e n t V I - I n t e r w e s t f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656770.2 7/9/2020 -16- 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 Packet Pg. 305 At t a c h m e n t : A t t a c h m e n t V I - I n t e r w e s t f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656770.2 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. H.11.f Packet Pg. 306 At t a c h m e n t : A t t a c h m e n t V I - I n t e r w e s t f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656770.2 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.f Packet Pg. 307 At t a c h m e n t : A t t a c h m e n t V I - I n t e r w e s t f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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 Packet Pg. 308 At t a c h m e n t : A t t a c h m e n t V I - I n t e r w e s t f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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 Packet Pg. 309 At t a c h m e n t : A t t a c h m e n t V I - I n t e r w e s t f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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 Packet Pg. 310 At t a c h m e n t : A t t a c h m e n t V I - I n t e r w e s t f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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) H.11.f Packet Pg. 311 At t a c h m e n t : A t t a c h m e n t V I - I n t e r w e s t f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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. H.11.f Packet Pg. 312 At t a c h m e n t : A t t a c h m e n t V I - I n t e r w e s t f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656770.2 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. H.11.f Packet Pg. 313 At t a c h m e n t : A t t a c h m e n t V I - I n t e r w e s t f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656770.2 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. 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 Packet Pg. 314 At t a c h m e n t : A t t a c h m e n t V I - I n t e r w e s t f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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 H.11.f Packet Pg. 315 At t a c h m e n t : A t t a c h m e n t V I - I n t e r w e s t f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656770.2 7/9/2020 B-1 EXHIBIT “B” SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) H.11.f Packet Pg. 316 At t a c h m e n t : A t t a c h m e n t V I - I n t e r w e s t f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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 Packet Pg. 317 At t a c h m e n t : A t t a c h m e n t V I - I n t e r w e s t f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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 Packet Pg. 318 At t a c h m e n t : A t t a c h m e n t V I - I n t e r w e s t f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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. H.11.f Packet Pg. 319 At t a c h m e n t : A t t a c h m e n t V I - I n t e r w e s t f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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 H.11.g Packet Pg. 320 At t a c h m e n t : A t t a c h m e n t V I I - G r a n d T e r r a c e - T K E f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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 Packet Pg. 321 At t a c h m e n t : A t t a c h m e n t V I I - G r a n d T e r r a c e - T K E f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656676.4 7/9/2020 -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. H.11.g Packet Pg. 322 At t a c h m e n t : A t t a c h m e n t V I I - G r a n d T e r r a c e - T K E f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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. H.11.g Packet Pg. 323 At t a c h m e n t : A t t a c h m e n t V I I - G r a n d T e r r a c e - T K E f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656676.4 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.g Packet Pg. 324 At t a c h m e n t : A t t a c h m e n t V I I - G r a n d T e r r a c e - T K E f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656676.4 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.g Packet Pg. 325 At t a c h m e n t : A t t a c h m e n t V I I - G r a n d T e r r a c e - T K E f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656676.4 7/9/2020 -7- 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 H.11.g Packet Pg. 326 At t a c h m e n t : A t t a c h m e n t V I I - G r a n d T e r r a c e - T K E f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656676.4 7/9/2020 -8- 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. H.11.g Packet Pg. 327 At t a c h m e n t : A t t a c h m e n t V I I - G r a n d T e r r a c e - T K E f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656676.4 7/9/2020 -9- (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 H.11.g Packet Pg. 328 At t a c h m e n t : A t t a c h m e n t V I I - G r a n d T e r r a c e - T K E f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656676.4 7/9/2020 -10- 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: H.11.g Packet Pg. 329 At t a c h m e n t : A t t a c h m e n t V I I - G r a n d T e r r a c e - T K E f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656676.4 7/9/2020 -11- (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. H.11.g Packet Pg. 330 At t a c h m e n t : A t t a c h m e n t V I I - G r a n d T e r r a c e - T K E f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656676.4 7/9/2020 -12- 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 H.11.g Packet Pg. 331 At t a c h m e n t : A t t a c h m e n t V I I - G r a n d T e r r a c e - T K E f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656676.4 7/9/2020 -13- 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 H.11.g Packet Pg. 332 At t a c h m e n t : A t t a c h m e n t V I I - G r a n d T e r r a c e - T K E f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656676.4 7/9/2020 -14- 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 H.11.g Packet Pg. 333 At t a c h m e n t : A t t a c h m e n t V I I - G r a n d T e r r a c e - T K E f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656676.4 7/9/2020 -15- 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.g Packet Pg. 334 At t a c h m e n t : A t t a c h m e n t V I I - G r a n d T e r r a c e - T K E f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656676.4 7/9/2020 -16- 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.g Packet Pg. 335 At t a c h m e n t : A t t a c h m e n t V I I - G r a n d T e r r a c e - T K E f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656676.4 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. H.11.g Packet Pg. 336 At t a c h m e n t : A t t a c h m e n t V I I - G r a n d T e r r a c e - T K E f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656676.4 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.g Packet Pg. 337 At t a c h m e n t : A t t a c h m e n t V I I - G r a n d T e r r a c e - T K E f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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. H.11.g Packet Pg. 338 At t a c h m e n t : A t t a c h m e n t V I I - G r a n d T e r r a c e - T K E f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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. H.11.g Packet Pg. 339 At t a c h m e n t : A t t a c h m e n t V I I - G r a n d T e r r a c e - T K E f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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. H.11.g Packet Pg. 340 At t a c h m e n t : A t t a c h m e n t V I I - G r a n d T e r r a c e - T K E f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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) H.11.g Packet Pg. 341 At t a c h m e n t : A t t a c h m e n t V I I - G r a n d T e r r a c e - T K E f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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. H.11.g Packet Pg. 342 At t a c h m e n t : A t t a c h m e n t V I I - G r a n d T e r r a c e - T K E f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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. H.11.g Packet Pg. 343 At t a c h m e n t : A t t a c h m e n t V I I - G r a n d T e r r a c e - T K E f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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 H.11.g Packet Pg. 344 At t a c h m e n t : A t t a c h m e n t V I I - G r a n d T e r r a c e - T K E f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656676.4 7/9/2020 A-5 E. Monae Pugh, Project Manager/Senior Traffic Specialist F. Michelle Arellano, PE, Senior Plan Checker H.11.g Packet Pg. 345 At t a c h m e n t : A t t a c h m e n t V I I - G r a n d T e r r a c e - T K E f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656676.4 7/9/2020 B-1 EXHIBIT “B” SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) H.11.g Packet Pg. 346 At t a c h m e n t : A t t a c h m e n t V I I - G r a n d T e r r a c e - T K E f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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. H.11.g Packet Pg. 347 At t a c h m e n t : A t t a c h m e n t V I I - G r a n d T e r r a c e - T K E f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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 H.11.g Packet Pg. 348 At t a c h m e n t : A t t a c h m e n t V I I - G r a n d T e r r a c e - T K E f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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. H.11.g Packet Pg. 349 At t a c h m e n t : A t t a c h m e n t V I I - G r a n d T e r r a c e - T K E f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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 H.11.h Packet Pg. 350 At t a c h m e n t : A t t a c h m e n t V I I I - W i l l d a n f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656677.2 7/9/2020 -2- 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. H.11.h Packet Pg. 351 At t a c h m e n t : A t t a c h m e n t V I I I - W i l l d a n f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656677.2 7/9/2020 -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. H.11.h Packet Pg. 352 At t a c h m e n t : A t t a c h m e n t V I I I - W i l l d a n f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656677.2 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.h Packet Pg. 353 At t a c h m e n t : A t t a c h m e n t V I I I - W i l l d a n f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656677.2 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.h Packet Pg. 354 At t a c h m e n t : A t t a c h m e n t V I I I - W i l l d a n f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656677.2 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.h Packet Pg. 355 At t a c h m e n t : A t t a c h m e n t V I I I - W i l l d a n f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656677.2 7/9/2020 -7- 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 H.11.h Packet Pg. 356 At t a c h m e n t : A t t a c h m e n t V I I I - W i l l d a n f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656677.2 7/9/2020 -8- 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. H.11.h Packet Pg. 357 At t a c h m e n t : A t t a c h m e n t V I I I - W i l l d a n f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656677.2 7/9/2020 -9- (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 H.11.h Packet Pg. 358 At t a c h m e n t : A t t a c h m e n t V I I I - W i l l d a n f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656677.2 7/9/2020 -10- 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: H.11.h Packet Pg. 359 At t a c h m e n t : A t t a c h m e n t V I I I - W i l l d a n f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656677.2 7/9/2020 -11- (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. H.11.h Packet Pg. 360 At t a c h m e n t : A t t a c h m e n t V I I I - W i l l d a n f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656677.2 7/9/2020 -12- 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 H.11.h Packet Pg. 361 At t a c h m e n t : A t t a c h m e n t V I I I - W i l l d a n f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656677.2 7/9/2020 -13- 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 H.11.h Packet Pg. 362 At t a c h m e n t : A t t a c h m e n t V I I I - W i l l d a n f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656677.2 7/9/2020 -14- 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 H.11.h Packet Pg. 363 At t a c h m e n t : A t t a c h m e n t V I I I - W i l l d a n f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656677.2 7/9/2020 -15- 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.h Packet Pg. 364 At t a c h m e n t : A t t a c h m e n t V I I I - W i l l d a n f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656677.2 7/9/2020 -16- 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.h Packet Pg. 365 At t a c h m e n t : A t t a c h m e n t V I I I - W i l l d a n f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656677.2 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. H.11.h Packet Pg. 366 At t a c h m e n t : A t t a c h m e n t V I I I - W i l l d a n f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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 Packet Pg. 367 At t a c h m e n t : A t t a c h m e n t V I I I - W i l l d a n f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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 Packet Pg. 368 At t a c h m e n t : A t t a c h m e n t V I I I - W i l l d a n f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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 Packet Pg. 369 At t a c h m e n t : A t t a c h m e n t V I I I - W i l l d a n f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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 Packet Pg. 370 At t a c h m e n t : A t t a c h m e n t V I I I - W i l l d a n f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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) H.11.h Packet Pg. 371 At t a c h m e n t : A t t a c h m e n t V I I I - W i l l d a n f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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. H.11.h Packet Pg. 372 At t a c h m e n t : A t t a c h m e n t V I I I - W i l l d a n f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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. H.11.h Packet Pg. 373 At t a c h m e n t : A t t a c h m e n t V I I I - W i l l d a n f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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 H.11.h Packet Pg. 374 At t a c h m e n t : A t t a c h m e n t V I I I - W i l l d a n f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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 H.11.h Packet Pg. 375 At t a c h m e n t : A t t a c h m e n t V I I I - W i l l d a n f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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 H.11.h Packet Pg. 376 At t a c h m e n t : A t t a c h m e n t V I I I - W i l l d a n f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 01247.0006/656677.2 7/9/2020 B-1 EXHIBIT “B” SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) H.11.h Packet Pg. 377 At t a c h m e n t : A t t a c h m e n t V I I I - W i l l d a n f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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. H.11.h Packet Pg. 378 At t a c h m e n t : A t t a c h m e n t V I I I - W i l l d a n f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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 H.11.h Packet Pg. 379 At t a c h m e n t : A t t a c h m e n t V I I I - W i l l d a n f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s ) 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. H.11.h Packet Pg. 380 At t a c h m e n t : A t t a c h m e n t V I I I - W i l l d a n f o r O n - C a l l E n g i n e e r i n g S e r v i c e s ( P S A f o r I n t e r i m P u b l i c W o r k s a n d E n g i n e e r i n g S e r v i c e s )