02/09/2021CITY OF GRAND TERRACE
CITY COUNCIL
AGENDA ● FEBRUARY 9, 2021
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 February 9, 2021 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 February 9, 2021, 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: 890 9384 1359
Password: 929078
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 x230 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.
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.
Agenda Grand Terrace City Council February 9, 2021
City of Grand Terrace Page 2
CALL TO ORDER
Convene City Council
Invocation
Pledge of Allegiance
Roll Call
Attendee Name Present Absent Late Arrived
Mayor Darcy McNaboe
Mayor Pro Tem Bill Hussey
Council Member Sylvia Robles
Council Member Doug Wilson
Council Member Jeff Allen
A. SPECIAL PRESENTATIONS
San Bernardino County Department of Behavioral Health InnROADs Program – David
Fallon, Supervisor
B. RECESS TO CLOSED SESSION
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of
Section 54956.9: Two (2) potential cases
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS, pursuant to Government
Code Section 54956.8
Properties: 22317 Barton Road, APN 1167-231-01
22273 Barton Road, APN 1167-231-02
22293 Barton Road, APN 1167-311-01
City Negotiators: G. Harold Duffey, City Attorney
Adrian Guerra, City Attorney
Negotiating parties: Greens Group, Inc.
Under negotiation: Price and terms of payment
Reconvene to Open Session
Report Out of Closed Session
Agenda Grand Terrace City Council February 9, 2021
City of Grand Terrace Page 3
C. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA
D. 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 – Special Meeting Workshop – 01/21/2021
DEPARTMENT: CITY CLERK
3. Approval of Minutes – Regular Meeting – 01/26/2021
DEPARTMENT: CITY CLERK
4. November 19, 2020 Parks & Recreation Advisory Committee Meeting Minutes
RECOMMENDATION:
Receive and file.
DEPARTMENT: CITY CLERK
5. Government Claim, Sunny Days LLC
RECOMMENDATION:
(1) Reject the Government Claim of Sunny Days LLC and direct staff to send a standard
letter of rejection.
DEPARTMENT: CITY ATTORNEY
E. 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.
F. PUBLIC HEARINGS - NONE
Agenda Grand Terrace City Council February 9, 2021
City of Grand Terrace Page 4
G. UNFINISHED BUSINESS
6. City of Grand Terrace Legislative Platform for Assemblymember Reyes and State
Senator Leyva to Advance in California State Assembly and Senate
RECOMMENDATION:
Approve City of Grand Terrace's Legislative Platform for 2021 and Authorize Staff to
Forward the Platform to Assemblymember Eloise Reyes and State Senator Connie
Leyva
DEPARTMENT: CITY MANAGER
H. NEW BUSINESS
7. Amended and Restated Professional Services Agreement with Lance, Soll & Lunghard,
LLP for Financial Auditing Services
RECOMMENDATION:
1. Approve an Amended & Restated Professional Services Agreement with Lance, Soll
& Lunghard, LLP for Financial Auditing Services extending the term through the
completion of the Fiscal Year 2021-2022 audit, authorizing the City Manager to
execute two additional extensions through the completion of the Fiscal Year 2023-
2024 audit, and increasing total compensation as provided in Exhibit C of the
Amended & Restated Professional Services Agreement; and
2. Authorize the Mayor to execute the Amended & Restated Professional Services
Agreement, subject to the City Attorney’s approval as to form.
DEPARTMENT: FINANCE
8. Approve Amended and Restated Agreement with Hirsch and Associates in Order to
Continue Contract Services for Completion of the Blue Mountain Trail
RECOMMENDATION:
Approve the attached Amended and Restated Professional Services Agreement with
Hirsch and Associates to continue services for the completion of Blue Mountain Trail
and direct the City Manager to execute the agreement subject to the City Attorney
approval as to form.
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
9. City of Colton Environmental Document for Public Review Pertaining to Barton
Warehouses Draft Environmental Impact Report Notice of Availability
RECOMMENDATION:
Authorize Staff To Submit Letter Of Opposition to the City of Colton Concerning Barton
Warehouses Draft Environmental Impact Report Wherein Staff Will Submit Comments,
Concerns and Questions Regarding the Analysis of Environmental Impacts Generated
from the Proposed Project
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
Agenda Grand Terrace City Council February 9, 2021
City of Grand Terrace Page 5
I. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE
J. CITY COUNCIL COMMUNICATIONS
Council Member Jeff Allen
Council Member Bill Hussey
Council Member Sylvia Robles
Mayor Pro Tem Doug Wilson
Mayor Darcy McNaboe
K. CITY MANAGER COMMUNICATIONS
L. ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, February 23, 2021 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 ● JANUARY 21, 2021
Community Room Special Meeting Workshop 6:00 PM
22795 Barton Road ● City Hall
City of Grand Terrace Page 1
CALL TO ORDER
Mayor Darcy McNaboe convened the Special Meeting Workshop of the City Council for
Thursday, January 21, 2021 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
Bill Hussey Mayor Pro Tem Present
Sylvia Robles Council Member Absent
Doug Wilson 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
Excused
Craig Bradshaw Interim Public Works Director Excused
Cynthia A.
Fortune
Assistant City Manager Excused
A. PUBLIC COMMENT
None.
B. NEW BUSINESS
1. City Council Workshop to Discuss and Provide Direction Regarding City Council
Member Protocols and Procedures, Personal Code of Conduct, and Legislative
Program Policy - Part II
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Minutes Grand Terrace City Council January 21, 2021
City of Grand Terrace Page 2
G. Harold Duffey, City Manager and Adrian Guerra, City Attorney, gave the analysis of
the City Council Procedures and recommendations for discussion.
The following additions are to be made to the City Council Procedures:
Add to Section I. MEETINGS:
• City Council meetings to end at 10:00 p.m. The City Council can decide and
announce whether it will extend the meeting after 10:00 p.m. with an affirmative
vote by the majority of Council.
Add to Section IV RULES, DECORUM AND ORDER
• The appointment of Sergeant at Arms
• Implement a procedure to recess and reconvene the City Council meeting if there
is a disruption of the meeting by members of the public.
The City Council voted to install Council Member Doug Wilson and Mayor Pro Tem Bill
Hussey to an Ad Hoc Committee. The committees role is to create a report outlining the
following policies and procedures to be included in the current City Council Procedures.
• Committee Member and Planning Commissioner Removal Process
• Committee Member and Planning Commissioner Appointment Process
• Committee Member and Planning Commissioner Required Expectations
• Acknowledgement of Receipt Policy
City Council directed that the report be brought back for review at its Regular Meeting of
the City Council on February 23, 2021.
City Attorney Guerra to create a City Council censure policy and process. Items to be
addressed are offensive language, offensive behavior, and offensive racial terms. City
Attorney Guerra to use Ethics Addendum on Page 49 of Attachment III of the
January 21, 2021 Special Meeting Workshop agenda as a guide.
PROVIDE DIRECTION TO SUBCOMMITTEE AND STAFF REGARDING DRAFT CITY
COUNCIL MEMBER PROTOCOLS AND PROCEDURES, PERSONAL CODE OF
CONDUCT, AND LEGISLATIVE PROGRAM POLICY
RESULT: APPROVED [UNANIMOUS]
AYES: Darcy McNaboe, Bill Hussey, Doug Wilson, Jeff Allen
ABSENT: Sylvia Robles
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Minutes Grand Terrace City Council January 21, 2021
City of Grand Terrace Page 3
ADJOURN
Mayor Darcy McNaboe adjourned the Special Meeting Workshop of the City Council at
7:30 p.m. The Next Regular City Council Meeting will be held on Tuesday, January 26,
2021 at 6:00 p.m.
_________________________________
Darcy McNaboe, Mayor
_________________________________
Debra L. Thomas, City Clerk
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CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES ● JANUARY 26, 2021
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
CALL TO ORDER
Convene City Council
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Darcy McNaboe.
Attendee Name Title Status Arrived
Darcy McNaboe Mayor Present
Bill Hussey Mayor Pro Tem Present
Sylvia Robles Council Member Present
Doug Wilson 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
Craig Bradshaw Interim Public Works Director Remote
Cynthia A. Fortune Assistant City Manager Remote
A. SPECIAL PRESENTATIONS
Presentation of Proclamation to California State Assembly Majority Leader, Eloise
Gómez-Reyes.
B. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA
None.
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Minutes Grand Terrace City Council January 26, 2021
City of Grand Terrace Page 2
C. CONSENT CALENDAR
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeff Allen, Council Member
SECONDER: Doug Wilson, Council Member
AYES: McNaboe, Hussey, Robles, Wilson, Allen
1. Waive Full Reading of Ordinances on Agenda
5. City Department Monthly Activity Report - November 2020
RECEIVE AND FILE.
6. Approve Amended and Restated Agreements with KTUA in Order to Continue Services
with KTUA for the Completion of the Barton Road Streetscape Master Plan and
Michigan Street Walkability Plan
1. APPROVE THE ATTACHED AMENDED AND RESTATED AGREEMENT WITH
KTUA TO CONTINUE SERVICES WITH KTUA FOR THE COMPLETION OF THE
BARTON ROAD STREETSCAPE MASTER PLAN AND DIRECT THE CITY
MANAGER TO EXECUTE THE AGREEMENT SUBJECT TO THE CITY
ATTORNEY APPROVAL AS TO FORM; AND
2. APPROVE THE ATTACHED AMENDED AND RESTATED AGREEMENT WITH
KTUA TO CONTINUE SERVICES WITH KTUA FOR THE COMPLETION OF THE
MICHIGAN STREET WALKABILITY PLAN AND DIRECT THE CITY MANAGER
TO EXECUTE THE AGREEMENT SUBJECT TO THE CITY ATTORNEY
APPROVAL AS TO FORM.
AGENDA ITEM NO. C.3 WAS PULLED FOR DISCUSSION BY MAYOR DARCY
MCNABOE
3. November 19, 2020 Parks & Recreation Advisory Committee Meeting Minutes
Mayor McNaboe requested an explanation as to why the Planning Commission has not
held any meetings since September 2020. Additionally, Mayor McNaboe asked if the
Commission had been scheduled for any trainings during these meeting cancellations.
G. Harold Duffey, City Manager stated that due to the COVID-19 pandemic causing
project delays, Planning Commission meetings had to be cancelled. Staff will identify
and schedule training for the Commissioners.
RECEIVE AND FILE.
RESULT: APPROVED [UNANIMOUS]
MOVER: Darcy McNaboe, Mayor
SECONDER: Sylvia Robles, Council Member
AYES: McNaboe, Hussey, Robles, Wilson, Allen
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Minutes Grand Terrace City Council January 26, 2021
City of Grand Terrace Page 3
AGENDA ITEM NO. C4 WAS PULLED FOR DISCUSSION BY COUNCIL MEMBER
JEFF ALLEN
4. Approval of the December Check Register in the Amount of $832,352.95
Council Member Allen requested clarification on several payments that had been issued
by the City.
APPROVE THE CHECK REGISTER NO. 12312020 IN THE AMOUNT OF $832,352.95
AS SUBMITTED, FOR THE PERIOD ENDING DECEMBER 31, 2020.
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeff Allen, Council Member
SECONDER: Bill Hussey, Mayor Pro Tem
AYES: McNaboe, Hussey, Robles, Wilson, Allen
D. PUBLIC COMMENT
None.
E. PUBLIC HEARINGS - NONE
F. UNFINISHED BUSINESS - NONE
G. NEW BUSINESS
7. Update City of Grand Terrace Legislative Platform for Assembly Member Reyes and
State Senator Leyva to Advance in California State Assembly and Senate
G. Harold Duffey, City Manager gave the PowerPoint presentation for this item.
PUBLIC COMMENT
Jeffrey McConnell, Grand Terrace provide the City Council with his knowledge on the
effects of climate on Urban Farming.
Council Member Wilson requested that storm drains on the south side of the City, along
with the re-pavement of those areas where work would be completed, be added to the
Legislative Priorities list under a Hazard Mitigation Grant.
Council Member Robles requested the City look into a property owner’s ability to rent
their property for urban farming. Additionally, she would like staff to examine in-fill
housing programs during the City’s General Plan Update.
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Minutes Grand Terrace City Council January 26, 2021
City of Grand Terrace Page 4
Regarding the Legislative Priorities List, Council Member Robles requested that staff
examine the ability to secure support from additional stakeholders as it relates to the Mt.
Vernon Slope Stabilization. She also requested that the City consider hiring a lobbyist,
one time, to kickstart some of the items on the Legislative Priorities List.
Mayor McNaboe requested staff examine whether an incentive on lot dividing could be
implemented to create in-fill housing when the General Plan Update is addressed.
APPROVE CITY OF GRAND TERRACE'S LEGISLATIVE PLATFORM FOR 2021;
AND FORWARD PLATFORM TO ASSEMBLY MEMBER ELOISE REYES' AND
STATE SENATOR CONNIE LEYVA'S OFFICES
RESULT: PROVIDE DIRECTION TO STAFF
H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE
I. CITY COUNCIL COMMUNICATIONS
Council Member Jeff Allen
Nothing to Report.
Council Member Doug Wilson
On January 14, 2021, Council Member Doug Wilson attended the San Bernardino
Valley Municipal Water District Advisory Commission on Water Policy meeting. To view
report, click here.
Council Member Sylvia Robles
On January 14-15, 2021, Council Member Sylvia Robles attended the League of
California Cities Policy Committee General Briefing and Revenue & Taxation meeting.
To view report, click here.
Mayor Pro Tem Bill Hussey
On January 26, 2021, Mayor Pro Tem Bill Hussey attended the San Bernardino County
Homeless Partnership 1st Quarterly meeting. To view the report, click here.
Mayor Darcy McNaboe
On January 20, 2021, Mayor Darcy McNaboe attended the Omnitrans Board of
Directors Meeting Workshop. To view report, click here.
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Minutes Grand Terrace City Council January 26, 2021
City of Grand Terrace Page 5
J. CITY MANAGER COMMUNICATIONS
Nothing to Report.
K. RECESS TO CLOSED SESSION
Mayor Darcy McNaboe recessed the regular meeting of the City Council at 7:07 p.m.
CLOSED SESSION
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION, pursuant to Government Code
Section 54957.6
Title: City Manager
RECONVENE TO OPEN SESSION
Mayor Darcy McNaboe reconvened the regular meeting of the City Council at 7:58 p.m.
REPORT OUT OF CLOSED SESSION
Mayor McNaboe announced there was no reportable action.
L. ADJOURN
Mayor McNaboe adjourned the Regular Meeting of the City Council at 8:00 p.m. in
memory of Terence McGuire, Cecelia Perez, Betty Daniel, and Mary Herold. The Next
Regular City Council Meeting will be held on Tuesday, February 9, 2021 at 6:00 p.m.
_________________________________
Darcy McNaboe, Mayor
_________________________________
Debra L. Thomas, City Clerk
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AGENDA REPORT
MEETING DATE: February 9, 2021 Council Item
TITLE: November 19, 2020 Parks & Recreation Advisory Committee
Meeting Minutes
PRESENTED BY: Debra Thomas, City Clerk
RECOMMENDATION: Receive and file.
2030 VISION STATEMENT:
This staff report supports Goal #5, Engage in Proactive Communication.
BACKGROUND:
Beginning with the November 14, 2017 City Council meeting, the City Clerk was
directed by the City Manager to provide Council with a copy of the Planning
Commission, Historical & Cultural Activities Committee and Volunteer Emergency
Operations Committee minutes to keep Council up-to-date on those
Commission/Committee activities and on January 16, 2018, the City Manager requested
that the Parks & Recreation Advisory minutes be included in the
Committee/Commission Report.
DISCUSSION:
On January 14, 2021, the Parks & Recreation Advisory Committee held its Regular
Meeting and approved the November 19, 2020 Regular Meeting minutes. The minutes
for this meeting are included as an attachment to this report. The Parks & Recreation
Advisory Committee’s next Regular Meeting is scheduled for February 11, 2021.
Planning Commission / Site and Architectural Review Board – None.
Historical & Cultural Activities Committee – None.
FISCAL IMPACT:
None.
ATTACHMENTS:
• 11-19-2020 P&R Minutes (PDF)
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APPROVALS:
Debra Thomas Completed 02/03/2021 8:16 AM
City Attorney Completed 02/03/2021 9:40 AM
Finance Completed 02/03/2021 11:24 AM
City Manager Completed 02/04/2021 9:18 AM
City Council Pending 02/09/2021 6:00 PM
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CITY OF GRAND TERRACE
PARKS & RECREATION ADVISORY COMMITTEE
SPECIAL MEETING
November 19, 2020 -4:15 p.m.
City Hall Community Room -North
22795 Barton Road, Grand Terrace, CA 92313
MINUTES
CALL MEETING TO ORDER:
Chairman Brian Phelps convened the Regular Meeting of the Parks & Recreation Advisory
Committee at 4:15 p.m.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Committee Member Jeremy Rivera.
ROLL CALL:
Present: Committee Members Rivera, Reagan; Vice-Chair Firnkoess; Chairman Phelps
Absent: Committee Member Freund
1. Approve October 8, 2020 Regular Meeting Minutes
Committee Member Reagan, moved with a second from Vice-Chair Firnkoess to approve
the October 8, 2020 Regular Meeting minutes.
Ayes: Committee Members Rivera, Reagan; Vice chair Firnkoess; Chairman Phelps
Absent: Committee Member Freund
2. Public Comments
None.
3. Discussion: Parks & Recreation Projects
a. Art in Public Places
G. Harold Duffey, City Manager provided the Parks & Recreation Advisory
Committee with information from 2015 regarding Art in Public Places which
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Agenda Parks & Recreation Advisory Committee November 19, 2020
resulted in the program being voluntary. City Manager Duffey asked the Committee
to review the information given to them and bring back ideas to present to the
Planning Commission to create a list. That list would then be presented to
developers to for voluntary implementation.
b. Community Garden
City Manager Duffey briefed the Committee on options for a meeting. The
Community Garden meeting, which was scheduled for November 13, 2020 is to be
rescheduled for some time in January 2021.
c. Blue Mountain Trail
Property owner is interested in the possible sale to the City a portion of the property
to access to the Blue Mountain Trail. The grant funds awarded for the Blue
Mountain Trail do not expire until 2023.
d. Gateway Specific Plan -Baseball and Community Park
City Manager Duffey provided the Committee with park plans from the developer.
The Committee suggested that the playground equipment have coverings installed
to deflect the heat. The Committee would also like to know what the distance is
from the baseball field to the parking lot, as well as the estimated time of
completion.
4. Committee Member Comments
Vice-Chair Firnkoess would like the City to provide a step and repeat backdrop, with
each of the Grand Terrace High School Seniors names, to use throughout the year at
various events before graduation.
City Manager Duffey suggested that the group apply for the City's Community Benefit
Fund grant to purchase the step and repeat backdrop.
Vice-Chair Firnkoess also requested that the City post the Grand Terrace High School
Senior photos on its Website, Facebook page and Channel 3 programming.
Vice-Chair Firnkoess had to depart the Committee meeting at 5: 10 p.m.
Chairman Phelps wanted to know if the City's parks would be closed soon due to the new
restrictions coming down from the State.
City Manager Duffey stated the park closures are in a holding pattern at this time.
5. Staff Comments
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Agenda Parks & Recreation Advisory Committee November 19, 2020
None.
6. Adjournment
Chairman Phelps adjourned the Regular Meeting of the Parks & Recreation Advisory
Committee at 5:30 p.m.
Debra L. Thomas, Committee Secretary
Next Meeting Date:
December 10, 2020 @ 4:15 p.m.
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AGENDA REPORT
MEETING DATE: February 9, 2021 Council Item
TITLE: Government Claim, Sunny Days LLC
PRESENTED BY: Adrian Guerra, City Attorney
RECOMMENDATION: Reject the Government Claim of Sunny Days LLC and direct
staff to send a standard letter of rejection.
2030 VISION STATEMENT:
This staff report supports City Council Goal #1, “Ensuring Our Fiscal Viability” by the
continuous monitoring of expenditure disbursements through the thorough review of
potential costs and its effect on City operations.
SUMMARY OF CLAIM AND CONTENTS:
On or around January 4, 2021, Ben Eilenberg on behalf of Sunny Days LLC submitted
the attached Government Claim. The claim disputes the processing of Sunny Days
LLC’s business license application submitted through the City’s vendor’s website, HdL
Companies (“HdL”), on or about November 18, 2020. The Claim alleges that the
proposed license “is permitted as a matter of right under the Municipal Code” and
generally seeks damages in excess of $25,000, which is said to include “[t]he purchase
price of the property if the sale is forced to go through” and the costs of obtaining the
business license. (See Exhibit A.)
The City Attorney’s office conducted a preliminary investigation and evaluated the claim.
Based on its review, the City Attorney’s office recommends that the City Council reject
the claim and direct staff to send a letter of rejection. The City Attorney’s office is
available to answer questions from the City Council.
FISCAL IMPACT:
There is no fiscal impact to providing staff direction to send the letter.
ATTACHMENTS:
• Exhibit A - Government Claim Form Sunny Days (PDF)
APPROVALS:
Adrian Guerra Completed 02/03/2021 5:22 PM
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Finance Completed 02/03/2021 5:32 PM
City Attorney Completed 02/03/2021 5:34 PM
City Manager Completed 02/03/2021 8:40 PM
City Council Pending 02/09/2021 6:00 PM
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AGENDA REPORT
MEETING DATE: February 9, 2021 Council Item
TITLE: City of Grand Terrace Legislative Platform for
Assemblymember Reyes and State Senator Leyva to
Advance in California State Assembly and Senate
PRESENTED BY: G. Harold Duffey, City Manager
RECOMMENDATION: Approve City of Grand Terrace's Legislative Platform for
2021 and Authorize Staff to Forward the Platform to
Assemblymember Eloise Reyes and State Senator Connie
Leyva
2030 VISION STATEMENT:
This staff report supports Goal #4 Develop and Implement Successful Partnerships:
Working Collaboratively with Community Groups, Private and Public Sector Agencies to
Facilitate the Delivery of Services Benefitting Youth, Seniors and Our Community, Work
with Local, Regional and State Agencies to Secure Funding for Programs and Projects.
BACKGROUND:
The City Council annually reviews its legislative platform and forwards its requests to our
state representatives in the State Senate and State Assembly. Council reviewed the 2021-2022
Legislative Platform on January 26, 2021. Staff was given direction to add Storm Water Flood
Control to the legislative platform for 2021-2022. The primary purpose of the legislative
platform is to advocate for resources to preserve and enhance the City’s quality of life.
Once the Council approves the legislative platform, the City Clerk will forward the
platform with cover letters to State Senator Leyva and Assemblymember Reyes’ office
(Attachment I).
The City Council and City Manager's office work closely with state and federally elected
representatives, as well as with the League of California Cities (LOCC) and San
Bernardino Council of Governments (SBCOG), to influence policy decisions that preserve
local control and enhance local funding opportunities.
DISCUSSION:
The 2021-2022 Legislative Platform includes fewer requests and carryover from last
year, because of previous legislative platform items receiving funding. In preparation of
the legislative platform, staff identified the following nine categories:
Hazard Mitigation Public Safety School Construction
Recreation Internet Connectivity Transit Line Shelter
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Accessibility Rails to Trails Urban Farming
The 2021-2022 legislative items are attached (Attachment II).
During the January 26, 2021 legislative platform discussion, staff shared the League of
California Cities 2021 Strategic Advocacy Priorities, which is a commitment addressing
the top challenges California cities face on the state and federal level which include:
• Addressing the impacts of the COVID-19 pandemic.
• Housing affordability issues and homelessness.
• State-local coordination and planning to strengthen community disaster
preparedness.
The League’s 2021 Strategic Advocacy Priorities are intended to be laser focused on
those issues most critical for our cities and the residents we serve (Attachment III).
Development of Legislative Priorities/Advocacy allows City Council members to
understand the body’s legislative agenda and work closely with staff, Assemblymember
Reyes’ and Senator Leyva’s offices.
FISCAL IMPACT:
While there is no general fund impact as a result of this staff report, if our
Assemblymember or Senator are successful in moving forward the City’s Legislative
Ideas, the City could receive significant revenues.
ATTACHMENTS:
• Attachment I - Letters to Assemblymember Reyes and Senator Leyva(PDF)
• Attachment II - COGT 2021-2022 Legislative Priorities with additon(PDF)
• Attachment III - State Priorities 2021 (PDF)
APPROVALS:
G. Harold Duffey Completed 02/04/2021 9:00 AM
Finance Completed 02/04/2021 9:17 AM
City Attorney Completed 02/04/2021 9:49 AM
City Manager Completed 02/04/2021 9:57 AM
City Council Pending 02/09/2021 6:00 PM
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City of Grand Terrace, 22795 Barton Road, Grand Terrace, CA 92313
www.grandterrace-ca.gov 909-824-6621
February 10, 2021
VIA EMAIL
daniel.peeden@asm.ca.gov
Assemblymember Eloise Reyes
District Office
290 North D Street, Suite 903
San Bernardino, CA 92401
Re: City of Grand Terrace 2021-2022 Legislative Priorities
Dear Assemblymember Reyes:
On February 9, 2021, during its regular City Council meeting, the Mayor and Council approved
the City’s 2021-2022 State Legislative Advocacy Program. The Legislative Advocacy Program
was developed to identify areas of importance to State representatives. This year’s Legislative
Advocacy Ideas/Platform consists of six (6) items in the following areas:
Hazard Mitigation Traffic Enforcement School Construction
Recreation Internet Connectivity Transit Line Shelters
Accessibility Rails to Trails Urban Farming
The City Council directed the City Manager to forward the Legislative Advocacy platform to
your office. Therefore, I have enclosed the City’s Legislative Agenda for 2021-2022, for your
reference and consideration.
If you have any questions or need additional information, please do not hesitate to contact our
City Manager, G. Harold Duffey at (909) 824-6621 ext. 240 and he will be happy to assist you.
Sincerely,
Debra L. Thomas, CMC
City Clerk
cc: G. Harold Duffey, City Manager
Encl: COGT 2021-2022 Legislative Priorities
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City of Grand Terrace, 22795 Barton Road, Grand Terrace, CA 92313
www.grandterrace-ca.gov 909-824-6621
February 10, 2021
VIA EMAIL
Edgar.castelan@sen.ca.gov
Senator Connie Leyva
464 W. 4th Street, Suite 454B
San Bernardino, CA 92401
Re: City of Grand Terrace 2021-2022 Legislative Priorities
Dear Senator Leyva:
On February 9, 2021, during its regular City Council meeting, the Mayor and Council approved
the City’s 2021-2022 State Legislative Advocacy Program. The Legislative Advocacy Program
was developed to identify areas of importance to State representatives. This year’s Legislative
Advocacy Ideas/Platform consists of six (6) items in the following areas:
Hazard Mitigation Traffic Enforcement School Construction
Recreation Internet Connectivity Transit Line Shelters
Accessibility Rails to Trails Urban Farming
The City Council directed the City Manager to forward the Legislative Advocacy platform to
your office. Therefore, I have enclosed the City’s Legislative Agenda for 2021-2022, for your
reference and consideration.
If you have any questions or need additional information, please do not hesitate to contact our
City Manager, G. Harold Duffey at (909) 824-6621 ext. 240 and he will be happy to assist you.
Sincerely,
Debra L. Thomas, CMC
City Clerk
cc: G. Harold Duffey, City Manager
Encl: COGT 2021-2022 Legislative Priorities
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2021/2022 Legislative Priorities
Category: Hazard Mitigation Program Cost Estimate: $3,700,000
Project: Support for Mt. Vernon Slope
Stabilization
Existing City Revenues: $580,000
PROJECT DESCRIPTION:
The City of Grand Terrace submitted a Notice of Interest (NOI) for a Hazard Mitigation Grant
from the California Emergency Management Agency. The City’s Local Hazard Mitigation Plan
(LHMP) was approved by the State of California OES Office. In the LHMP the City identified the
Mt. Vernon Slope as a significant hazard for the community. The Slope is not stable and the
City fears that imminent failure will result in loss of life. It is estimated that stabilization of the
Mt. Vernon Slope will cost approximately $3,700,000.
The City originally planned to pay for the project with Redevelopment Bond proceeds.
However, when RDA ended in 2012, the funds were frozen, therefore the City is unable to
address this significant hazard within the community. The City was able to set aside
approximately $600,000 in RDA bond proceeds to match a potential grant from OES. California
Emergency Management Agency (CEMA) has determined that the Mt. Vernon Slope is an
eligible project for Hazard Mitigation Grant funds. CAL-OES modified the City’s most recent
application, breaking it down into a Planning/Design Grant for Phase I and Phase 2-
construction. Staff is working with State OES to discuss future funding opportunities. The
project should also be considered a regional infrastructure program because it is used by
commuters of the cities of Colton and Grand Terrace, as well as counties of San Bernardino
and Riverside.
REQUEST: □ Letter of Support □ Amend Existing Legislation
☑ Propose Legislation □ Recommend Rule Change
POTENTIAL STATE FUNDING SOURCE(S)
The City’s Local Hazard Mitigation Plan, adopted by the City Council on July 24, 2018, and
approved by FEMA, on August 3, 2018, allows Grand Terrace to compete for grants from any
Federal disaster grant program. The Federal grant programs from FEMA are administered
through Cal OES. In addition, staff recommends, Grand Terrace, Colton and Riverside County
ask for an earmark in the 2021-22 State Budget, as constituents from those jurisdictions
continuously travel along the potentially hazardous road segment.
EXISTING LEGISLATION:
The League of California Cities 2019 strategic goals include an item to improve disaster
preparedness, recovery, and climate resiliency. If additional funding is awarded in these areas,
Grand Terrace’s Hazard Mitigation Plan should allow Grand Terrace to compete for funds.
POTENTIAL PARTNERSHIP:
The City of Grand Terrace has also solicited support from the City of Colton. The City will also
reach out to local utilities that would also be impacted if Mt. Vernon slope experienced a
failure.
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2021/2022 Legislative Priorities
Category: Traffic Enforcement Program Cost Estimate: $80,000
Project: Re-establish Digital
Photography Parking Enforcement
Program
Existing City Revenues:
PROJECT DESCRIPTION:
In September of 2010, AB 2567 was passed to allow local public agencies to install and operate
an automated parking enforcement system on local public agency-owned or local public
agency-operated streetsweepers for the purpose of digital photographing of street sweeping
parking violations occurring in street-sweeping parking lanes during the designated hours of
street sweeping operations, except when the vehicle is parked in a street sweeping parking
lane during the designated hours of street sweeping operations after the street has already
been cleaned.
The City of Grand Terrace implemented the program and saved hundreds of man hours from
its current method of having parking enforcement follow street sweepers. However, the law
sunset and the City can no longer use Digital photography to issue street sweeping tickets.
Grand Terrace Code Enforcement Officers that follow street sweepers issue roughly the same
number of tickets as those that were issued via digital photography.
The reinstatement of the legislation to allow video parking violation enforcement is something
that many cities in Southern California would like to see because it ensures efficiency and
provides a digital record of the violation.
REQUEST: ☑ Propose Legislation □ Amend Existing Legislation
□ Letter of Support □ Recommend Rule Change
POTENTIAL STATE FUNDING SOURCE(S)
EXISTING LEGISLATION:
Section 40207 of the Vehicle Code.
POTENTIAL PARTNERSHIP:
There are several Southern California cities that are very interested in this program. I believe
the introduction of legislation will garner support from many communities.
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2021/2022 Legislative Priorities
Category: School Construction Program Cost Estimate: $34,000,000
Project: Support Legislation to provide
priority funding of Proposition 51
Funds (Public Schools Bond Act of
2016) to schools that are on
environmentally compromised sites,
adjacent to freeways and major
intersections.
Existing Project Revenues: $10,000,000
PROJECT DESCRIPTION:
Grand Terrace Elementary School is located next to the I-215 Interchange. The school is
adjacent to Barton Road, to the south and east of interstate 215. The Colton Joint Unified
School District would like to relocate the school to land it owns on Michigan and Main Street.
The current school site has an estimated commercial value of approximately $10,000,000. The
estimated costs to build a new school is approximately $34,000,000.
The City would like to partner with the School District, as relocating the school will generate
new property tax and sales tax on the current school site. The school site is identified in the
California Enviro Screen in a Disadvantaged Community and is in the New Market Tax Credit
Zone Area. Cap-and-trade proceeds could also be used to help facilitate the schools move.
More than 30 years ago, the school district tested and found very low levels of lead in the soil.
REQUEST: □ Propose Legislation ☑ Amend Existing Legislation
□ Letter of Support ☑ Recommend Rule Change
POTENTIAL STATE FUNDING SOURCE(S)
Over $6,000,000,000 is available in Prop 51 Funding for new construction or modernization of
schools.
EXISTING LEGISLATION:
Prop 51.
POTENTIAL PARTNERSHIP:
The School Facilities Planning Division (SFPD) is the responsible administrative arm of the Office
of School Construction. They review all sites and approve. Some of the notable reasons that
they will deny a school site are proximity to airports and freeways.
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2021/2022 Legislative Priorities
Category: Rails to Trails Program Cost Estimate: $3,000,000
Project: Urban Greening Grants Existing City Revenues:
PROJECT DESCRIPTION:
The City of Grand Terrace urge the Assembly Member and Senator representing the City of
Grant Terrace to work with California Resource Agency and introduce legislation to support
Grants for California Rails to Trails. The Santa Ana River Trail runs along the northern portion
of the City of Grand Terrace. Abandoned Railroad sections could easily be used by commuters
and recreational cyclist to Access the Santa Ana River Trail. The City would like to rejuvenate
the area and turn the abandoned rail line into safe and convenient access to the Santa Ana
Rivers Trail.
The conversion of abandoned rail, eliminates vehicle, bike and pedestrian conflicts and
increases the probability that more people will be comfortable biking and jogging. The
movement of goods and services are an important part of the California Economy, Abandon
rail lines were a part of the important infrastructure. However, automation and intermodal
transportation continuously expands and contracts, eliminating service needs in one area and
expanding in other areas. The abandon rail lines in Grand Terrace are a result of our nation’s
transportation infrastructure. Transportation companies and oversight agencies should be
accountable for transitioning rail lines from transportation infrastructure to usable community
spaces.
REQUEST: □ Propose Legislation ☑ Amend Existing Legislation
□ Letter of Support ☑ Recommend Rule Change
POTENTIAL STATE FUNDING SOURCE(S)
Urban Greening Grant
EXISTING LEGISLATION:
POTENTIAL PARTNERSHIP:
Rails to Trails Conservancy
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2021/2022 Legislative Priorities
Category: Program Cost Estimate: $175,000
Project: Neighborhood Watch and
ALPR Camera Program
Existing City Revenues:
PROJECT DESCRIPTION:
The City of Grand Terrace deployed an ALPR Camera System and a passive camera system
throughout the main corridors of the City. The system is very effective and allowed the Sheriff
to solve a significant number of crimes. However, the system does have a few gaps and the
City seeks funding to fully form a virtual net around the City, with an ability to read every
license plate entering and exiting the City limits.
In addition, the City would like to enhance its Neighborhood Watch Program by offering
resources to local neighborhood groups to show support for the program. The City would
increase the visibility of its neighborhood watch program from the purchase of new signs,
window decals and booklets.
REQUEST: □ Propose Legislation □ Amend Existing Legislation
☑ Earmark in 2020-21 State Budget □ Recommend Rule Change
POTENTIAL STATE FUNDING SOURCE(S)
Staff will send Assembly Person Reyes a detailed expenditure request for cameras, signs and
other materials needed to support and build a safe community built on efficiency and
volunteerism.
EXISTING LEGISLATION:
POTENTIAL PARTNERSHIP:
San Bernardino County Sheriff’s Department
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2021/2022 Legislative Priorities
Category: Hazard Mitigation Program Cost Estimate: $2,000,000
Project: Storm Water Infrastructure to
Recharge Ground Water
Existing City Revenues:
PROJECT DESCRIPTION:
Although nearly the entire City of Grand Terrace is in the 500-Year flood zone, which means there is a 0.2-
percent-annual-chance of flooding and the northwestern most part of the City, located in the Santa Ana River
Floodplain, is in a 100-Year flood zone. This means there is a 1-percent annual chance of flooding in this area,
the City identified flooding within its Hazard Mitigation Plan. While It is not uncommon for urban areas like
Grand Terrace to have flood problems because new homes and other structures, and new streets, driveways,
parking lots, and other paved areas decrease the amount of open land available to absorb rainfall and runoff,
thus increasing the volume of water that must be carried away. In Grand Terrace water is conveyed from the
Blue Mountain in the East downstream via street flows. These streets (Main, Pico, Van Buren, and De Berry)
carry the water runoff during heavy rains from properties from the East end of the City to the West.
Properties adjacent to these Streets may be subject to damage during storm events. Winter storms in the
past have caused gutters to overflow City streets on to private property. Properties adjacent to the storm
channels have been damaged and road closures have taken place.
Streets used to convey stormwater East to West have curbs that go up to 12” in height to ensure surface
conveyance of flows. The actual drainage facilities that do exist in the City of Grand Terrace consist primarily
of reinforced concrete pipes (RCP) and trapezoidal channels. During significant storm events, the water flows
are so great, the storm water infiltrates and contaminates the City of Riverside’s Public Utility freshwater
systems. While storm water runoff management practices historically tried to control pollutants and limit
property damage, current regulatory decisions emphasize holistic strategies that focus on storm water as a
resource, newer low impact development and green infrastructure techniques are now capitalizing on
opportunities to capture storm water runoff and use it for local landscape and agricultural irrigation, and
groundwater recharge.
REQUEST: ☑ Earmark in 2021-22 State Budget ☑ Letter of Support for CWSRF
POTENTIAL STATE FUNDING SOURCE(S)
Proposition 1 provides $200 million in grant funding for multi-benefit projects that utilize storm water as a
resource, often while improving water quality. The State Water Board also makes loan funding available
through the Clean Water State Revolving Fund (CWSRF) loan program. The State Water Board continues to
promote projects that convert storm water and dry weather runoff to a valuable water supply through its
funding program. Eligible project types include projects that recharge groundwater aquifers with captured
storm water, reuse storm water for domestic or municipal purposes, treat storm water to remove pollutants,
support watershed processes, and beautify communities through creation of habitat and green spaces. The
City can partner with Riverside Public Utilities
EXISTING LEGISLATION:
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January 1, 2021 President's Message by Cheryl Viegas Walker
Cal Cities strategic priorities set a course
for 2021
City leaders displayed remarkable resilience in their commitment to
serving their communities in 2020, taking action to protect their residents
from a global pandemic, leading in the recovery of their local economies,
responding to calls for equity and justice, navigating rolling blackouts, and
combating one of the worst wildfire seasons in history. While the
pandemic may have disrupted the advancement of a number of priority
issues in the state Legislature and Congress in 2020, it also shined a
floodlight on why in 2021, cities need strong state and federal partners to
address the most pressing needs of their residents.
In December 2020, city leaders who serve in leadership positions for the
League of California Cities divisions, departments, policy committees, and
diversity caucuses convened virtually for the annual League Leaders
program, to chart the organization’s priorities for 2021. Developing
member-driven and -informed strategic advocacy priorities is key to the
effectiveness of Cal Cities’ advocacy efforts on behalf of cities.
During the process, city leaders had the opportunity to review Cal Cities’
legislative achievements for 2020, discuss challenges cities are facing, and
inform the organization’s advocacy goals in 2021.
City leaders discussed the devastating impacts the COVID-19 pandemic is
having on city budgets, residents, and small businesses. As city leaders
have stepped up to protect and advocate for their communities and
promote local economic recovery, cities are in serious need of state and
federal financial support and resources in order to deliver essential
services to our residents.
Participants also conducted a robust conversation around the housing
affordability issues and production shortages in their communities, as
well as the lack of services for those experiencing homelessness. City
officials agreed that as local governments, stakeholders, and state and
federal governments work to find solutions to address these challenges, it
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remains critically important that cities receive the funding and tools
necessary to increase the supply and affordability of housing at all income
levels, and retain flexibility based on the land use needs of their
community. Strong partnerships and collaboration to provide mental
health and wraparound services for unhoused individuals were also
discussed.
City leaders agreed to continue improving state-local coordination and
planning to strengthen community disaster preparedness, resiliency, and
recovery. They also recognized the importance of protecting and
modernizing critical infrastructure.
As a result of the collective input and feedback from League Leaders and
the entire Cal Cities membership, city officials developed the following
state and federal strategic advocacy priorities, committing to addressing
the top challenges California cities face. While California cities are
confronting many issues, the 2021 Strategic Advocacy Priorities are
intended to be laser focused on those issues most critical for our cities and
the residents we serve.
1. Secure state and federal funding for local COVID-19
public health response and economic recovery for
all. Secure direct and flexible funding and resources for
cities of all sizes so they can continue to protect residents
from the pandemic, deliver essential services, support
small businesses, and lead the recovery in our
communities. Improve communication and coordination with regional,
state, and federal governments on public health orders and programs to
stimulate equitable economic recovery.
2. Secure funding to increase the supply and
affordability of housing and resources to assist
individuals at risk of – or already experiencing –
homelessness while preserving local decision
making. Secure additional resources to increase
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construction of housing, particularly affordable housing, workforce
housing, and permanent supportive housing, and ensure cities retain
flexibility based on the land use needs of each community. Increase
flexibility and resources to provide navigation assistance and emergency
shelters, and strengthen partnerships and collaboration with
stakeholders to ensure mental health, substance abuse treatment, and
wraparound services are available for adults and youth at risk of – or
already experiencing – homelessness in our communities.
3. Improve state-local coordination and planning to
strengthen community disaster preparedness,
resiliency, and recovery. Pursue additional resources
and support to mitigate the effects of climate change,
sea level rise, catastrophic wildfires, and flooding in our
communities. Promote community disaster
preparedness, resiliency, and recovery in collaboration
with the state and federal governments. Increase availability and access
to the National Flood Insurance Program to include other natural
disasters.
4. Protect and modernize critical
infrastructure. Seek increased state and federal
resources for critical and sustainable local
infrastructure projects including roads, public transit,
active transportation, water availability, and
broadband deployment that enhance workforce and
economic development and improve quality of life.
With its agenda now set, Cal Cities will begin working immediately to
advance these objectives in the state and U.S. Capitols. I am thankful for all
of our city leaders who participated in our priority-setting process. We
stand ready to accomplish these strategic priorities in 2021. Stay tuned
for opportunities in 2021 for you to help us achieve these priorities. To
learn more, visit Cal Cities Policy and Advocacy webpage
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AGENDA REPORT
MEETING DATE: February 9, 2021 Council & Successor Agency Item
TITLE: Amended and Restated Professional Services Agreement
with Lance, Soll & Lunghard, LLP for Financial Auditing
Services
PRESENTED BY: Cynthia Fortune, Assistant City Manager
RECOMMENDATION: 1. Approve an Amended & Restated Professional
Services Agreement with Lance, Soll & Lunghard, LLP for
Financial Auditing Services extending the term through the
completion of the Fiscal Year 2021-2022 audit, authorizing
the City Manager to execute two additional extensions
through the completion of the Fiscal Year 2023-2024 audit,
and increasing total compensation as provided in Exhibit C
of the Amended & Restated Professional Services
Agreement; and
2. Authorize the Mayor to execute the Amended &
Restated Professional Services Agreement, subject to the
City Attorney’s approval as to form.
2030 VISION STATEMENT:
This staff report supports City Council Goal #1, “Ensuring Our Fiscal Viability” through
the continuous monitoring of revenue receipts and expenditure disbursements against
approved budget appropriations.
BACKGROUND:
Lance, Soll & Lunghard, LLP (LSL) is a regional public accounting firm based in Brea,
with other offices in the Temecula Valley, Los Angeles County and the Silicon Valley.
LSL has been in business for 85 years and has a strong focus in the public sector.
The City awarded its financial auditing services agreement to LSL in August 2014
(Attachment A) for its financial auditing services and financial statement preparation.
Amendment #1 (Attachment B) was approved in October 2018. This agreement was
extended in 2018 for another 2 years.
DISCUSSION:
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Changing auditors is a significant undertaking and impacts City staff as new auditors
must get oriented with the new organization, learn its financial policies/practices,
evaluate its internal controls, and understand its financial issues. It could also impact
the conduct and the delivery of the City’s mandated audits. Therefore, changing
auditors is generally not recommended to be done frequently.
Since the award of the contract in 2014, several additional reporting requirements have
been added:
1. Grand Terrace Housing Successor Agency Annual Financial Reports;
2. Governmental Accounting Standards Board (GASB) 68, which required different
accounting and financial reporting for pensions; and
3. Governmental Accounting Standards Board (GASB) 75, which replaces
Statements Nos. 45, 57 and 74.
Further, since the onset of the COVID-19 pandemic, interaction between government
agencies has been restricted to e-mail, regular mail, faxes and Zoom meetings. The
request for documentation during an audit, has required extensive scanning,
photocopying and mailing of financial documents, revenues and expenditure documents
alike. LSL’s institutional knowledge of the City’s finances and accounting system,
including familiarity with the City’s policies/practices/internal controls/financial issues,
would continue a smooth and efficient audit, until such time that agencies can assume
normal operations when requesting documentation.
Knowing that multiple government agencies, such as our own, have declared fiscal
emergencies due to projected declines in General Fund revenues, LSL’s proposed fees
for the two-year extension reflects the same fees they charged the City for FY2018-19
and FY2019-20 respectively.
Because LSL contracted with the City in 2014, it is recommended that the City Council
approve an amended and restated professional services agreement with LSL. The
current LSL professional services agreement uses the City’s prior form agreement. The
Amended and Restated Professional Services Agreement would update the agreement
to the City’s current form. Nothing else is proposed to be changed.
Therefore, staff is recommending that City Council approve the Amended and Restated
Professional Services Agreement for financial audit services with LSL (Attachment C),
providing a two-year extension and two options to extend the Agreement of one year
each, authorizing the City Manager to execute each option to extend, and increasing the
annual compensation to LSL provided in Exhibit C of the attached proposed Amended
and Restated Professional Services Agreement; and, further, authorize the Mayor to
execute the proposed Agreement subject to approval by the City Attorney.
FISCAL IMPACT:
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Adequate funding is included in the FY 2020-21 Adopted Budget for financial auditing
services. Funding for subsequent years’ audits will be addressed through the City’s
annual budget process.
ATTACHMENTS:
• Attachment A - Original Agreement with LSL (PDF)
• Attachment B - Amendment #1 with LSL (PDF)
• Attachment C - Proposed Amended & Restated Agreement with LSL(DOCX)
APPROVALS:
Cynthia A. Fortune Completed 01/28/2021 12:46 PM
Finance Completed 01/28/2021 12:47 PM
City Attorney Completed 02/03/2021 9:08 AM
City Manager Completed 02/03/2021 8:42 PM
City Council Pending 02/09/2021 6:00 PM
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City of Grand Terrace
Request for Proposals
for
Financial Auditing Services
Release Date
June 3, 2014
Proposal Submittal Due Date
July 7, 2014
EXHIBIT "A"
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City of Grand Terrace
Request for Proposals
Financial Auditing Services
Table of Contents
Section Page
I. INTRODUCTION
A. General Information ........................................................................................... 1
B. Term of Engagement ......................................................................................... 1
II.NATURE OF SERVICES REQUIRED
A. Scope of Work to be Performed ......................................................................... 2
B. Auditing Standards to be Followed ..................................................................... 3
C. Working Paper Retention ................................................................................... 3
III.DESCRIPTION OF THE GOVERNMENT
A. Background Information ..................................................................................... 3
B. Fund Structure ................................................................................................... 4
C. Federal and State Financial Assistance ............................................................. 4
D. Pension Plan ..................................................................................................... 5
E. Other Post Employment Benefits ....................................................................... 5
F. Finance Department Operations ........................................................................ 5
G. Computer Systems ............................................................................................ 5
H. Availability of Prior Reports and Work Papers .................................................... 5
IV.TIME REQUIREMENTS
A. Proposal Calendar ............................................................................................. 6
B. Date Audit May Commence ............................................................................... 6
C. Date Reports Are Due ........................................................................................ 6
V. ASSISTANCE AND ACCOMMODATIONS TO BE PROVIDED TO THE AUDITOR
A. Finance Department Assistance ........................................................................ 6
B. Office Accommodations ..................................................................................... 7
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Table of Contents (continued)
Section Page
VI.PROPOSAL REQUIREMENTS
A. General Requirements ....................................................................................... 7
B. Format of Technical Proposal ............................................................................ 7
C. Contents of Technical Proposal ......................................................................... 7
D. Format and Contents of Cost Proposal ............................................................ 10
VII. PROPOSAL EVALUATION PROCESS
A. Review of Proposals ........................................................................................ 11
B. Evaluation Criteria ........................................................................................... 11
ATTACHMENT A: COST PROPOSAL WORKSHEET .................................................. 12
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City of Grand Terrace Request for Proposals - Financial Auditing Services
I. INTRODUCTION
A. General Information
The City of Grand Terrace (City) is requesting proposals from qualified Certified Public
Accountant (CPA) firms to audit its financial statements and prepare related reports for five
(5) years beginning with the fiscal year ending June 30, 2014. These audits are to be
performed in accordance with auditing standards generally accepted in the United States of
America, the standards set forth for financial audits contained in Government Auditing
Standards issued by the Comptroller General of the United States, and the U.S. Office of
Management and Budget (OMB) Circular A-133 Audits of State and Local Governments
and Non-Profit Organizations.
There is no expressed or implied obligation for the City to reimburse responding firms for
any expenses incurred in preparing proposals in response to this Request for Proposals
(RFP). Materials submitted by respondents are subject to public inspection under the
California Public Records Act (Government Code Sec. 6250 et seq.), unless exempt.
To be considered, three (3) copies of a proposal must be received by Cynthia A. Fortune,
Finance Director, City of Grand Terrace, at 22795 Barton Road, Grand Terrace, CA 92313
by 5:00 P.M. on July 7, 2014. The City reserves the right to reject any or all proposals
submitted.
During the evaluation process, the City reserves the right, where it may serve the City’s
best interest, to request additional information or clarification from proposers, or to allow
corrections of errors or omissions. At the discretion of the City, firms submitting proposals
may be requested to make oral presentations as part of the evaluation process.
The City reserves the right to retain all proposals submitted and to use any idea(s) in a
proposal, regardless of whether or not that proposal is selected. Submission of a proposal
indicates acceptance by the firm of the conditions contained in the RFP, unless clearly and
specifically noted in the proposal submitted and confirmed in the contract between the City
and the firm selected.
It is anticipated the selection of a firm by staff will be completed by August 5, 2014.
Following the notification of the selected firm, a recommendation and proposed
Professional Services Agreement will be submitted for the City Council’s review and
approval on August 26, 2014. The City reserves the right to reject any or all proposals, to
waive any non-material irregularities in any proposal, and to accept or reject any items or
combination of items.
B. Term of Engagement
It is the intent of the City to contract for the services presented herein for a term of five (5)
years. The proposal submitted shall present all inclusive audit fees for each year of the
contract term.
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City of Grand Terrace Request for Proposals - Financial Auditing Services
II.NATURE OF SERVICES REQUIRED
A. Scope of Work to be Performed
The City desires a Comprehensive Annual Financial Report (CAFR) to be prepared by the
independent auditor and to be fully compliant with all Governmental Accounting Standards
Board (GASB) pronouncements. The City will submit the CAFR to the Government
Finance Officers Association (GFOA) for review in its Certificate of Achievement for
Excellence in Financial Reporting program. The City’s previous audit firm has prepared an
Annual Financial Report (available on the City’s web site – www.cityofgrandterrace.org)
but has not met the GFOA requirements for a CAFR. The most recent Annual Financial
Report completed is for the fiscal year ended June 30, 2012. The audit for the fiscal year
ended June 30, 2013 is currently being finalized.
The selected independent auditor will be required to perform the following tasks:
•The audit firm will perform an audit of all funds of the City. The audit will be
conducted in accordance with auditing standards generally accepted in the United
States of America and Government Auditing Standards, issued by the Comptroller
General of the United States, and the U.S. Office of Management and Budget
(OMB) Circular A-133 Audits of State and Local Governments and Non-Profit
Organizations.
•The City’s CAFR will be prepared by the audit firm. The CAFR must be in full
compliance with all applicable GASB pronouncements. The audit firm will render its
auditors’ report on the basic financial statements, which will include both
Government-Wide Financial Statements and Fund Financial Statements. The audit
firm will also apply limited audit procedures to Management’s Discussion and
Analysis and required supplementary information pertaining to the General Fund
and each major fund of the City.
•The audit firm shall issue a separate “management letter” that includes
recommendations for improvements in internal control, accounting procedures and
other significant observations that are considered to be non-reportable conditions.
•The audit firm shall issue an Independent Accountant’s Report on Agreed-Upon
Procedures applied to Appropriations Limit (Gann Limit) Worksheets.
•The audit firm shall prepare the City’s annual State Controller’s Report.
•The audit firm shall prepare the City’s annual Street Report.
•The audit firm shall prepare a Single Audit Act Report if needed. Note: The City’s
federal grant revenues do not currently meet the minimum threshold for this report.
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City of Grand Terrace Request for Proposals - Financial Auditing Services
B. Auditing Standards to be Followed
To meet the requirements of this RFP, the audit shall be performed in accordance with the
following:
•Generally Accepted Auditing Standards, as set forth by the American Institute of
Certified Public Accountants;
•The standards applicable to financial audits contained in the most current version of
the Generally Accepted Government Auditing Standards (Yellow Book), issued by
the Comptroller General of the United States;
•The provisions of the Single Audit Act as amended in 1996; and
•The provisions of U.S. Office of Management and Budget (OMB) Circular A-133,
Audits of State and Local Governments and Non-Profit Organizations.
C. Working Paper Retention
All working papers and reports must be retained at the auditor’s expense for a minimum of
seven (7) years, unless the firm is notified in writing by the City of the need to extend the
retention period. The auditor will be required to make working papers available to the City
or any government agencies included in the audit of federal grants (if any). In addition, the
firm shall respond to the reasonable inquiries of successor auditors and allow successor
auditors to review working papers relating to matters of continuing accounting significance.
III.DESCRIPTION OF THE GOVERNMENT
A. Background Information
Grand Terrace is located approximately 60 miles from Los Angeles, in the County of San
Bernardino. The City is situated off the I-215 freeway between the I-10 and the 60
freeways, encompassing an area of approximately 3.5 square miles. The City has a
current population of 12,285. The City was incorporated in 1978 as a general law city,
operating under a council/city manager form of government. The City is comprised of four
Council Members (with one of these seats currently vacant), elected at large for four-year
terms. The Mayor is directly elected for a four-year term. The City Council appoints the
City Manager and City Attorney.
The City had a Redevelopment Agency with one city-wide project area, which was
dissolved pursuant to state law on February 1, 2012. The City serves as the Successor
Agency for the former Redevelopment Agency.
The City’s operating budget for FY 2013-14 is approximately $13 million, with a General
Fund budget of $3.8 million. The City’s fiscal year begins on July 1 and ends on June 30.
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City of Grand Terrace Request for Proposals - Financial Auditing Services
B. Fund Structure
The City currently uses the following fund types in its financial reporting. The number and
size of funds are subject to change based on the needs of the City. Any such change shall
not result in a change in the annual audit fee.
Number of Individual Funds by Type
Fund Type No. of
Funds
Governmental Funds:
•General Fund 1
•Special Revenue Funds 15
•Capital Project Funds 7
Business Type Funds:
•Enterprise Funds 1 *
•Internal Service Funds 0
Fiduciary Funds:
•Private-purpose Trust Funds 4
Agency Funds 1
Total Funds 29
*Waste Water Disposal Fund: To be closed effective 6/30/14,
as City of Colton will assume operation of fund.
C. Federal and State Financial Assistance
During the initial fiscal year to be audited (FY 2013-14), the City received the following
financial assistance:
•Community Development Block Grant
•Federal Emergency Management Agency
•Department of Justice
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City of Grand Terrace Request for Proposals - Financial Auditing Services
D. Pension Plan
The City participates in the State of California Public Employees’ Retirement System
(CalPERS). Details regarding the pension plan may be found in the City’s Annual Financial
Report for the year ended June 30, 2012.
E. Other Post Employment Benefits
The City provides a medical benefit for its retirees. The benefit is available for employees
who satisfy the requirements for retirement under CalPERS. Medical plan benefits are
provided through CalPERS, as permitted by the Public Employees’ Medical and Hospital
Care Act (PEMHCA). The last actuarial valuation performed on this benefit was as of July
1, 2008. A valuation as of June 30, 2011 is currently in progress. The next valuation will
be performed as of June 30, 2014.
F. Finance Department Operations
Effective January 14, 2013, the City contracted for its Finance Department operations with
Willdan Financial Services. On January 14, 2014, the contract was extended for another
year, through January 13, 2015. The staffing provided through this contractual agreement
includes the following:
Position Hourly Allocation/Week
• Project Manager 10
• Finance Director 40
• Principal Accountant 20
• Sr. Accounting Technician 10
In addition to the above contract staffing allocation, the City employs a full-time Accounting
Technician, who works under the supervision of the Finance Director.
G. Computer Systems
The City utilizes the Tyler Technologies Eden financial system for general ledger and
processing of its financial transactions, including procurement. Payroll processing is
contracted through ADP.
H. Availability of Prior Reports and Work Papers
Rogers, Anderson, Malody & Scott, LLP (RAMS) has been the City’s auditor since FY
2002-03. The work papers of the previous audits are the property of RAMS and can be
reviewed by the firm selected as the City’s new auditor.
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City of Grand Terrace Request for Proposals - Financial Auditing Services
IV. TIME REQUIREMENTS
A. Proposal Calendar
Following are the key dates related to this RFP, proposal review and contract award:
Date Event
June 3, 2014 RFP released
July 7, 2014 Proposal due date (5:00 P.M.)
July 8-17, 2014 Staff evaluation of proposals
July 21-24, 2014 Oral interviews of selected companies
August 5, 2014 Staff selection of audit firm
August 6-14, 2014 Finalization of professional services agreement
August 26, 2014 City Council approval of professional services agreement
B. Date Audit May Commence
Although the audit for fiscal year ending June 30, 2014 will commence later than
normal, due to the timing of the RFP process, in subsequent years the interim audit
work is expected to be completed in June of each year. The City will close its books by
the end of September and will be ready for the audit field work to commence the first
week in October each year.
C. Date Reports Are Due
The auditor shall provide draft audit reports and recommendations for internal control
improvements (draft “management letter”) within 30 days of completion of the audit field
work. The auditor shall be available for any meetings that may be necessary to discuss
the draft audit report. Included in the proposal price is attendance by the auditor at up
to two (2) meetings annually to present its findings and recommendations; i.e., a
meeting with the Finance Committee (if applicable) and a meeting with the City Council.
The final CAFR and other reports shall be provided to the Finance Director by
December 15th of each year.
The annual State Controller’s Report and Street Report shall be submitted by the
annual deadlines established by the California State Controller.
V. ASSISTANCE AND ACCOMMODATIONS TO BE PROVIDED TO THE AUDITOR
A. Finance Department Assistance
Finance Department staff will be available during the audit to assist the audit firm by
providing trial balances, other financial information, documentation and explanations.
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City of Grand Terrace Request for Proposals - Financial Auditing Services
B. Office Accommodations
The City will provide the auditor with reasonable work space, including access to the
City’s financial system, internet access, and a scanning/photocopying machine.
VI. PROPOSAL REQUIREMENTS
A. General Requirements
1. Inquiries concerning the RFP must be submitted via email to the City’s Finance
Director at the following email address: cfortune@cityofgrandterrace.org
2. Responses will not be made to telephone inquiries.
3. Proposal Submittal: Three (3) copies of the proposal must be received by the City
of Grand Terrace by 5:00 P.M. on July 7, 2014 for a proposal to be considered. The
proposal should address the items in Sections B, C and D below.
The proposal should be addressed as follows:
City of Grand Terrace
Attn: Cynthia A Fortune, Finance Director
22795 Barton Road
Grand Terrace, CA 92313
B. Format for Technical Proposal
1. Title Page showing the RFP subject; the firm’s name; the name, address, telephone
number and email address of the contact person; and date of proposal.
2. Table of Contents identifying the materials submitted by section and page number.
3. Signed Transmittal Letter briefly stating the proposer’s understanding of the
services to be performed; the commitment to perform the services within the
specified time period; and the person authorized to represent the proposer.
4. Detailed proposal organized in the order set forth in Section C below.
C. Contents of Technical Proposal
The purpose of the Technical Proposal is to demonstrate the qualifications, competence
and capacity of the firm seeking to undertake an independent audit of the City of Grand
Terrace in conformity with the requirements of this RFP. As such, the substance of
proposals will carry more weight than the form or manner of the presentation. The
Technical Proposal should demonstrate the qualifications of the firm and of the
particular staff to be assigned to the engagement.
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City of Grand Terrace Request for Proposals - Financial Auditing Services
The Technical Proposal should address all points outlined in the RFP, excluding any
cost information, which should only be included in the sealed Cost Proposal. The
Technical Proposal should be prepared in a straightforward and economical manner,
providing a concise description of the proposer’s capabilities to satisfy the requirements
of this RFP. While additional information may be presented, the following items must be
included. They represent the criteria against which the proposal will be evaluated.
1. License to Practice in California
An affirmative statement shall be included verifying the firm and all assigned key
professional staff are properly licensed to practice in California.
2. Independence
The firm shall provide an affirmative statement that it is independent of the City of
Grand Terrace as defined by auditing standards generally accepted in the United
States of America and the Government Auditing Standards issued by the Comptroller
General of the United States.
3. Firm Qualifications and Experience
a. To qualify the firm must have extensive experience in audits of local
governments as well as experience with preparation of Comprehensive Annual
Financial Reports (CAFRs). The proposal should state the size of the firm, the
size of the firm’s governmental audit staff, the location of the office from which
the work on this engagement is to be performed, and the number and nature of
the professional staff to be employed in this engagement on a full-time and part-
time basis.
b. The proposer must provide a list of all current municipal clients.
c. The proposer is also required to submit a copy of a report on its most recent
external quality control review (peer review), with a statement whether that
quality control review included a review of specific government engagements
(required by current Government Audit Standards).
d. The proposer must also provide information on the results of any Federal or
State desk reviews or field reviews of its audits during the past three (3) years.
The proposer shall provide information on the circumstances and status of any
disciplinary action(s) taken or pending against the firm during the past three (3)
years with regulatory agencies or professional organizations.
4. Partner, Supervisory and Staff Qualifications and Experience
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City of Grand Terrace Request for Proposals - Financial Auditing Services
a. The proposer must identify the principal management, supervisory and
professional staff, including engagement partners, managers, supervisors and
other staff, who will be assigned to this engagement. Include resumes, indicating
whether each person is registered or licensed to practice as a CPA in California.
Provide information on the government auditing experience of each person,
including information on relevant continuing education for the past three (3) years
and membership in professional organizations relevant to the performance of this
audit.
b. Provide relevant information regarding the number, qualifications, experience
and training of the specific staff to be assigned to this engagement. Indicate how
the continuity of staff will be managed over the term of the engagement.
5. Similar Engagements with Other Government Entities
a. For the firm’s office that will be assigned responsibility for the audit, list the most
significant engagements (maximum of five) performed in the last three (3) years
that are similar to the engagement described in this RFP. These engagements
should be ranked on the basis of total staff hours. Indicate the scope of work,
date, engagement partners, total hours, and the name and telephone number of
the principal client contact. Also, indicate whether the audit included preparation
of the client’s CAFR and, if so, if the CAFR received the Certificate of
Achievement for Excellence in Financial Reporting award from the GFOA.
b. Provide a list of not less than five (5) client references for which services similar
to those outlined in this RFP are currently being provided. For each reference
listed provide the name of the organization, dates for which the service(s) are
being provided, type of service(s) being provided, and the name, address and
telephone number of the responsible person within the reference client’s
organization. The City reserves the right to contact any or all of the listed
references regarding the audit services performed by the proposer.
6. Specific Audit Approach
a. The proposal should set forth a work plan, including an explanation of the audit
methodology to be followed, to perform the services required in Section II of this
RFP. In developing the work plan, reference should be made to such sources of
information that will be utilized such as the City’s budget, organization charts,
manuals, programs, and management information systems.
b. Proposers must provide the following information regarding their audit approach:
(1) Proposed segmentation for the engagement;
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City of Grand Terrace Request for Proposals - Financial Auditing Services
(2) Level of staff and number of hours to be assigned to each proposed
segment of the engagement;
(3) Extent to which statistical sampling is to be used in this engagement and the
sample size.
(4) Type and extent of analytical procedures to be used in this engagement;
(5) Approach to be taken to gain and document an understanding of the City’s
internal control structure;
(6) Approach to be taken in determining laws and regulations that will be subject
to audit test work; and
(7) Approach to be taken in determining audit samples for purposes of
compliance testing.
7. Identification of Anticipated Potential Audit Problems
The proposal should identify and describe any anticipated potential audit problems,
the firm’s approach to resolving these problems and any special assistance that will
be requested from the City.
NOTE: NO PRICING OF THE AUDIT SERVICES ENGAGEMENT SHOULD BE
INCLUDED IN THE TECHINAL PROPOSAL.
D. Format and Contents of Cost Proposal
1. Total All-Inclusive Maximum Price
a. The cost proposal should identify the detailed pricing information relative to
performing the audit engagement as described in this RFP, per the format provided
in Attachment A. The total all-inclusive maximum price must contain all direct and
indirect costs, including any out-of-pocket expenses.
b. The City will not be responsible for expenses incurred in preparing and submitting
the Technical Proposal or Cost Proposal in response to this RFP.
2. Manner of Payment
Although to be further described in the Professional Services Agreement executed with
the successful proposer, progress payments will be made on the basis of hours of work
completed during the course of the audit engagement and any related out-of-pocket
expenses incurred. Interim billings shall cover a period not less than a calendar month.
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City of Grand Terrace Request for Proposals - Financial Auditing Services
VII. PROPOSAL EVALUATION PROCESS
A. Review of Proposals
A City evaluation team will review and evaluate all proposals based on the criteria
identified in Section B below.
B. Evaluation Criteria
Following are the criteria to be used by the City evaluation team in evaluating the
proposals:
1. The audit firm is independent and licensed to practice in California.
2. The firm has no conflict of interest with regard to any of the work performed for the
City.
3. The firm adhered to the instructions in this RFP for preparing and submitting its
proposal.
4. The firm submitted a copy of its last external quality control review report and has a
record of quality audit work.
5. The firm’s past experience and performance on comparable government
engagements.
6. The quality of the firm’s professional personnel to be assigned to the engagement
and the quality of the firm’s management support personnel to be available for
technical consultation.
7. Adequacy of proposed staffing plan for various segments of the engagement.
8. Thoroughness of approach to conducting the audit and demonstration of
understanding of audit objectives and scope.
9. Commitment to timeliness in conducting the audit and meeting the target dates for
deliverables identified in this RFP.
10. Fees to be charged for conducting the audit and producing the required reports.
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City of Grand Terrace Request for Proposals - Financial Auditing Services
Attachment A
Audit Services Cost Proposal Worksheet
For each service/deliverable category in the table below, proposer should indicate if the
amount represents a fixed fee or a “not-to-exceed” amount. In no event may the billable
amounts exceed the amounts shown below, which will be incorporated in the
Professional Services Agreement. (This is an all-inclusive maximum price.)
Service / Deliverable FY
2013-14
FY
2014-15
FY
2015-16
FY
2016-17
FY
2017-18
Audit Services, including internal control
review, “management letter” preparation,
and Independent Accountant’s Report on
Agreed-Upon Procedures for
Appropriations (Gann) Limit calculation
CAFR Preparation
State Controller’s Report Preparation
Street Report Preparation
Other costs, including any out-of-pocket
expenses
Total audit services for fiscal year
(excluding Single Audit Report)
Single Audit Report (if required)
Total audit services for fiscal year
(including Single Audit Report)
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CITY OF GRAND TERRACE
PROPOSAL TO PROVIDE
FINANCIAL AUDITING SERVICES
We’re focused on you
EXHIBIT "B"
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PROPOSAL
FOR
FINANCIAL AUDITING SERVICES
Prepared by:
Lance, Soll & Lunghard, LLP
Certified Public Accountants
203 N. Brea Blvd, Suite 203
Brea, CA 92821
(714) 672-0022
Contact Person:
Richard K. Kikuchi, CPA, Partner
richard.kikuchi@lslcpas.com
July 7, 2014
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CITY OF GRAND TERRACE
PROPOSAL FOR FINANCIAL AUDITING SERVICES
TABLE OF CONTENTS
Page No.
Letter of Transmittal ............................................................................................................. 1
Proposal for Financial Auditing Services
License to Practice in California .................................................................................... 4
Independence .................................................................................................................. 4
Firm Qualification and Experience ................................................................................ 4
Size of the Firm and Size of the Firm Governmental Audit Staff ................................. 4
Location of Offices ...................................................................................................... 5
Number and Nature of the professional Staff .............................................................. 5
List of All Current Municipal Clients ............................................................................ 5
Peer Review ................................................................................................................ 5
Desk Reviews and Disciplinary Action ........................................................................ 6
Partner, Supervisory and Staff Qualifications and Experience .................................. 6
Personnel Assigned to the Audit ................................................................................. 7
Continuing Education .................................................................................................. 7
Staff Auditors ............................................................................................................... 7
Similar Engagements with Other Government Entities ............................................... 8
Specific Audit Approach ................................................................................................ 9
Proposed Segmentation of Engagement .................................................................... 9
Level of Staff and Number of Hours to be Assigned ................................................... 9
Sample Size and Extent of Statistical Sampling ......................................................... 9
Extent of Use of Information Technology .................................................................. 10
Type and Extent of Analytical Procedures ................................................................ 10
Approach in Understanding the City’s Internal Control Structure .............................. 10
Approach in Determining Laws and Regulations Subject to Audit ............................ 11
Approach in Drawing Audit Samples ......................................................................... 11
Identification of Anticipated Potential Audit Problems ............................................... 11
Cost Proposal
Total All-Inclusive Maximum Price .................................................................................. 12
Manner of Payment ......................................................................................................... 12
Pricing of Audit Services (Separate Sealed Envelope) ................................................... 12
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CITY OF GRAND TERRACE
PROPOSAL FOR FINANCIAL AUDITING SERVICES
TABLE OF CONTENTS
Page No.
Appendices
Appendix A - Listing of Municipal Audit Clients ............................................................... 13
Appendix B - Peer Review Report................................................................................... 14
Appendix C - Personnel Resumes
Richard K. Kikuchi, CPA, Partner ............................................................................... 15
Deborah A. Harper, CPA, Concurring Partner............................................................ 17
J’on R. Dennis, CPA, Audit Manager.......................................................................... 19
Joseph A. Santos, MBA, Audit Senior ........................................................................ 21
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July 7, 2014
City of Grand Terrace
Attn: Cynthia A Fortune, Finance Director
22795 Barton Road
Grand Terrace, CA 92313
Lance, Soll & Lunghard, LLP is pleased to respond to your Request for Proposals for Financial
Auditing Services. As a leader in the field of governmental accounting and auditing, we appreciate
this opportunity given to us to present our professional qualifications. Because of our extensive
public sector experience, dedication to excellence and determination to retain the brightest and most
talented professionals, we are certain that Lance, Soll & Lunghard, LLP is the most qualified
accounting firm to provide professional auditing services to the City of Grand Terrace.
Lance, Soll & Lunghard, LLP agrees to provide the following annual services for the City of Grand
Terrace for five (5) years beginning with the fiscal year ending June 30, 2014:
1.Perform an audit of all funds in the City. The audit will be conducted in accordance with
auditing standards generally accepted in the United States of America and Government Auditing
Standards, issued by the Comptroller General of the United States, and the U.S. Office of
Management and Budget (OMB) Circular A-133 Audits of State and Local Governments and Non-
Profit Organizations.
2.Prepare the City’s CAFR in full compliance with all applicable GASB pronouncements for
submission under the Government Finance Officers Association (GFOA) Certificate of
Achievement for Excellence in Financial Reporting program and render an auditors' report on
the basic financial statements, which will include both Government-Wide Financial Statements
and Fund Financial Statements. We will also apply limited audit procedures to the Management's
Discussion and Analysis and the required supplementary information pertaining to the General
Fund and each major fund of the City.
3.Issue a separate "management letter" that includes recommendations for improvements in
internal control, accounting procedures and other significant observations that are considered to
be non-reportable conditions.
4.Issue an Independent Accountant's Report on Agreed-Upon Procedures applied to
Appropriations Limit (Gann Limit) Worksheets.
5.Prepare the City's annual State Controller's Report.
6.Prepare the City's annual Street Report.
7.Prepare a Single Audit Act Report if needed.
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City of Grand Terrace
Attn: Cynthia A Fortune, Finance Director
The audit will be performed in accordance with Generally Accepted Auditing Standards, as set forth by
the American Institute of Certified Public Accountants; the standards applicable to financial audits
contained in the most current version of the Generally Accepted Government Auditing Standards (Yellow
Book), issued by the Comptroller General of the United States; the provisions of the Single Audit Act as
amended in 1996; and the provisions of U.S. Office of Management and Budget (OMB) Circular A-133,
Audits of State and Local Governments and Non-Profit Organizations.
As part of the audit, we will prepare the financial statements and related notes. The City will
designate an individual with suitable skill, knowledge, and experience to oversee our services and
will assume all management responsibilities. The City will review, approve, and accept responsibility
for the financial statements and related notes. Our responsibility will be to issue an opinion on the
financial statements.
All working papers and reports will be retained (at our expense) for a minimum of seven (7) years,
unless we are notified in writing by the City of Grand Terrace of the need to extend that retention
period. Upon written request from the City, we will make working papers available to the City of
Grand Terrace or any government agencies included in the audit of federal grants. In addition, the
firm will respond to the reasonable inquiries of successor auditors and allow successor auditors to
review working papers relating to matters of continuing accounting significance.
The proposed schedule dates for the audit in accordance with your RFP are as follow:
Interim fieldwork will generally be conducted in May of June. For 2014, the interim fieldwork will
be conducted in late August or early September. Audit planning, documentation of systems of
internal control and compliance, and transaction testing will be completed during the interim
stage. A month prior to the start of the interim work, we will provide a list of schedules and items
to be provided by the City. At the conclusion of the interim fieldwork, a list of schedules and
items needed for the year-end fieldwork will be provided.
Year-end fieldwork will be scheduled during the beginning of October assuming that the City
will close its book by the end of September. Financial statements testing, internal controls
evaluation, and preparation of reports and letters will be completed during the year-end
fieldwork.
Upon completion of the audit fieldwork and prior to issuing any audit reports or letters, we will
schedule an exit conference with the Finance Director to discuss observations and findings.
Preliminary draft of the reports and letters will be provided within 30 days of the completion of
the audit field work. We will be available for any meetings that may be necessary to discuss the
draft audit reports and letters.
At the request of the City, we will attend up to two (2) meetings annually to present our audit findings
and recommendations.
Final reports including completed CAFR, other reports and letters will be delivered to the
Finance Director by December 15th once all issues of discussion have been resolved.
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City of Grand Terrace
Attn: Cynthia A Fortune, Finance Director
The annual State Controller's Report and Street Report will be submitted by the annual deadlines
established by the California State Controller.
The sections that follow describe the benefits your organization would receive from Lance, Soll &
Lunghard, LLP. We are committed to provide the services discussed above in accordance
with the timetable specified in your request for proposal. For purposes of this proposal, Richard
K. Kikuchi, Partner, is authorized to make representations for our firm, empowered to submit this bid
and authorized to sign a contract with the City of Grand Terrace. I can be reached at the address
above, by phone at (714) 672-0022 or through email at richard.kikuchi@lslcpas.com.
Very truly yours,
Richard K. Kikuchi, Partner
LANCE, SOLL & LUNGHARD, LLP
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PROPOSAL FOR FINANCIAL AUDITING SERVICES
LICENSE TO PRACTICE IN CALIFORNIA
Lance, Soll & Lunghard, LLP is a public accounting firm licensed by the State of California,
Department of Consumer Affairs, as a Public Accounting Partnership. All of our partners are
Certified Public Accountants licensed by the State of California. As a firm, we are members of the
American Institute of Certified Public Accountants and the California Society of Certified Public
Accountants. All key staff to be assigned to this engagement are or will be licensed by the State of
California to practice as Certified Public Accountants.
INDEPENDENCE
Lance, Soll & Lunghard LLP meets the independence requirements as defined by Auditing
Standards Generally Accepted in the United States of America and the U.S. General
Accounting Office’s Government Auditing Standards (2011 revision). We are a partnership
consisting of ten partners who do not own any other business organization that has in the past, or
will in the future, be providing services, supplies, materials or equipment to the City of Grand
Terrace or its component units. Lance, Soll & Lunghard, LLP will provide written notice of any
professional relationship entered into during the period of the proposed agreement.
FIRM QUALIFICATIONS AND EXPERIENCE
Lance, Soll & Lunghard, LLP is a regional public accounting firm that has met the auditing needs
of governmental entities throughout California for over 85 years. This experience has led to the
development of efficient procedures that provide numerous client benefits. Our clients have grown to
understand that an audit from Lance, Soll & Lunghard, LLP provides them with a wealth of
knowledge, confidence and value added services.
SIZE OF THE FIRM AND SIZE OF THE FIRM GOVERNMENTAL AUDIT STAFF
Our firm has approximately 65 employees including ten partners and professional staff of
approximately forty-five. Governmental staff consists of three partners, one senior manager, four
managers, two supervisors, eight seniors and twelve staff auditors.
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PROPOSAL FOR FINANCIAL AUDITING SERVICES
FIRM QUALIFICATIONS AND EXPERIENCE (Continued)
Local government expertise is led by the following partners:
Richard K. Kikuchi, CPA, Partner
Bryan S. Gruber, CPA, Partner
Deborah A. Harper, CPA, Partner
LOCATIONS OF OFFICES
We have four offices in California which
provide services to the western region
of the United States. Our headquarters
are located in Orange County in the City
of Brea, California. We also have three
other offices in Temecula Valley, Los
Angeles County, and Silicon Valley.
The audit for the City of Grand Terrace
will be staffed from our Orange County
office.
NUMBER AND NATURE OF THE PROFESSIONAL STAFF
The professional staff employed on this engagement will include a partner, a concurring partner,
an audit manager, an audit senior and one to two staff auditors. The audit senior will be the in-
charge and will be present at all time during the audit fieldwork. All personnel assigned to this
engagement work on a full-time basis. Our focused effort is to obtain and retain quality staff in
order to maintain staff consistency and provide quality audit services with minimal disruption to
our clients.
LIST OF ALL CURRENT MUNICIPAL CLIENTS
A complete listing of our municipal audit clients, along with phone numbers of contact personnel
and references as to services provided, is included in Appendix A to this proposal. We welcome
you contacting any or all of these to get their opinion on the services we provide.
PEER REVIEW
We are members of the American Institute of Certified Public Accountant’s Private Companies
Practice Section, which has the requirement for peer review along with Generally Accepted
Government Auditing Standards. We have participated in the peer review program since its
inception and have undergone several peer reviews. The first review was conducted by Arthur
Young & Company (now Ernst & Young) and the most recent by R.H. Johnston Accountancy
Inc. Overall, they confirmed what we already knew, that our approach and procedures are in
compliance with technical and professional pronouncements. All of these peer reviews covered
governmental engagements. Our most recent peer review, conducted by R.H. Johnston
Accountancy Inc., is included in Appendix B to this proposal.
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PROPOSAL FOR FINANCIAL AUDITING SERVICES
FIRM QUALIFICATIONS AND EXPERIENCE (Continued)
DESK REVIEWS AND DISCIPLINARY ACTION
There have been no disciplinary actions against our organization since its inception. All of our
Single Audit reports are desk reviewed either by the Federal cognizant agency or the State
Controller’s Office acting as the Oversight Agency. We have never had a report rejected by any
of these agencies. In fact, we are highly regarded and recognized by the staff of the State
controller’s Office as a firm that always submits top quality reports.
PARTNER, SUPERVISORY AND STAFF QUALIFICATIONS AND EXPERIENCE
For the City of Grand Terrace, the personnel assigned to the engagement would be as follows:
Engagement Partner Concurring Partner
Richard K. Kikuchi, CPA Deborah A. Harper, CPA
Audit Manager Audit Senior
J’on R. Dennis, CPA Joseph A. Santos, MBA
Additional Professional Staff of 1 to 2 on the LSL team.
Resumes for these individuals are located in Appendix C.
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PROPOSAL FOR FINANCIAL AUDITING SERVICES
PARTNER, SUPERVISORY AND STAFF QUALIFICATIONS AND EXPERIENCE
(Continued)
PERSONNEL ASSIGNED TO THE AUDIT
The most critical component in the successful completion of an audit is the personnel assigned
to carry out the responsibilities. We have assembled a Lance, Soll & Lunghard, LLP Team
composed of individuals with the optimum mix of talents. The individuals assigned have
experience in performing the tasks for which they are responsible, as well as familiarity with all
government accounting operations. In addition, each has developed extensive skills in a variety
of other complementary subjects through their work with clients in other industries. Thus, the
experience gained on previous assignments can be applied and tailored to the unique needs of
your organization. The partners at Lance, Soll & Lunghard, LLP are an integral part of the audit
process and will routinely be overseeing and supervising staff personnel in the field.
CONTINUING EDUCATION
As a firm policy, and in compliance with the continuing education requirements promulgated by
the AICPA, General Accounting Office and the California Society of CPAs, all our staff auditors
(certified and non-certified) meet the requirement of 40 hours of continuing education every
year, with at least 24 hours in governmental accounting and auditing in a two year period. For
our educational programs, we utilize in-house seminars, California Society of CPAs courses,
AICPA Government Audit Quality Center courses, and Government Finance Officers
Association courses. Our formal education program was reviewed by independent firms during
our peer review process and no exceptions were noted.
STAFF AUDITORS
The firm’s policy of assigning in-charge to an engagement requires that the in-charge have at
least two years of government auditing experience. He or she must have demonstrated a high
degree of understanding of governmental accounting and auditing, as well as of the firm’s
overall client philosophy. Having been assigned to the engagement before is also an important
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PROPOSAL FOR FINANCIAL AUDITING SERVICES
PARTNER, SUPERVISORY AND STAFF QUALIFICATIONS AND EXPERIENCE
(Continued)
factor in assigning an in-charge supervisor or senior to an engagement. Any changes in
personnel at the senior level or above will be approved by the City of Santa Fe Springs. Lance,
Soll & Lunghard, LLP’s philosophy is to provide quality audit services with minimal
disruption to City staff. Our focused efforts to obtain and retain quality staff have further
enabled us to provide this to our clients.
SIMILAR ENGAGEMENTS WITH OTHER GOVERNMENT ENTITIES
Similar engagements performed are as follows:
City of Redland - Audit and preparation of a Comprehensive Annual Financial Report (CAFR)
which received the GFOA award and a single audit. . These services have been provided to the
City for the last three years. Last audit was for June 30, 2013. Total hours were approximately
494. Engagement partner is Mr. Richard K. Kikuchi. Contact person: Ms. Tina Kundig, Finance
Director (909) 798-7543 tkundig@cityofredlands.org
City of Claremont - Audit and preparation of a Comprehensive Annual Financial Report
(CAFR) which received the GFOA award, a single audit, a Transportation Fund audit and a Title
IIIC-1 audit. These services have been provided to the City for the last nine years. Total hours
were approximately 308. Last audit was for June 30, 2013. The engagement partners are
currently Ms. Debbie A. Harper and Mr. Richard K. Kikuchi. Contact person: Mr. Adam Pirie,
Finance Director (909) 399-5328 apirrie@ci.claremont.ca.us
City of Bell Gardens - Audit and preparation of a Comprehensive Annual Financial Report
(CAFR) which received the GFOA Award and a single audit. These services have been provided
to the City for the last nine years. Last audit was for June 30, 2013. Total hours were
approximately 443. The engagement partner is currently Mr. Richard K. Kikuchi. Contact
person: Mr. Will Kaholokula, Finance Director (562) 806-7708 wkaholokula@bellgardens.org
City of Pomona – Audit and preparation of a Comprehensive Annual Financial Report (CAFR)
which received the GFOA Award, single audit, AQMD audit, Public Financing Authority financial
statements and Housing Authority financial statements. These services have been provided to
the City for the last three years. Last audit performed was for June 30, 2013. Total hours were
approximately 741. Engagement partner is Mr. Richard K. Kikuchi. Contact person: Ms. Paula
Chamberlain, Director of Finance (909) 620-2355 Paula_Chamberlain@ci.pomona.ca.us
City of Ontario – Audit and preparation of a Comprehensive Annual Financial Report (CAFR)
which received the GFOA award. Audit and preparation of financial statements for the West End
Communication Authority, the West End Fire and Emergency Response Communication, the Air
Quality Improvement Trust Fund and Single Audit. These services have been provided to the
City for the last 15 years. Total time spent on the engagement in the past fiscal year was
approximately 583 hours. The engagement partner is currently Richard K. Kikuchi, CPA.
Contact person: Ms. Doreen Nunes, Director of Fiscal Services (909) 395-2352
dnunes@ci.ontario.ca.us
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PROPOSAL FOR FINANCIAL AUDITING SERVICES
SPECIFIC AUDIT APPROACH
PROPOSED SEGMENTATION OF ENGAGEMENT
We utilize a governmental audit program which we will tailor to the City of Grand Terrace’s
operations. The tailoring is necessary to accommodate specific client circumstances and to
recognize differences in organizational structure. Our audit programs are organized by financial
statement category. This approach takes full advantage of our accumulated experience. The
primary benefit is that the risk of omitting important procedures is substantially reduced. We
believe that this approach tends to be the most effective and efficient for an entity such as the
City of Grand Terrace. The audit procedures are listed in the most logical sequence which
improves efficiency. The savings in effort and time gained by using our audit program can free
an auditor’s attention for unusual or difficult situations that may arise. The audit programs are
designed to increase audit efficiency by linking financial statement assertions, audit objectives,
and procedures that are basic to most governmental audit engagements.
LEVEL OF STAFF AND NUMBER OF HOURS TO BE ASSIGNED
The level of staff assigned and the number of hours estimated to be spent on each proposed
segment is as follows:
Segment Partner Manager Senior Staff Total
Audit Services, including internal control
review, "management letter" preparation
and Independent Auditor's Report on
Agree-Upon Procedures for
Appropriations (Gann) Limit Calculation
6.0 14.0 46.0 84.0 150.0
CAFR Preparation 2.0 7.0 14.0 - 23.0
State Controller's Report Preparation - - 26.0 - 26.0
Street Report Preparation - - 8.0 - 8.0
Single Audit 1.0 3.0 5.0 16.0 25.0
Total Hours 9.0 24.0 99.0 100.0 232.0
SAMPLE SIZE AND EXTENT OF STATISTICAL SAMPLING
Our approach may be to utilize statistical sampling in the areas of receipts, disbursements, utility
billing and payroll. Here we develop a statistical conclusion based upon an initial computer
selected random sample which is based on the population and other risk factors identified. If
errors are noted in the sample, the sample size will be expanded. We believe that a random
selection can be efficient, while providing each item in the population an equal chance of being
selected. Additionally, we may select a stratified sample of all transactions over a specified dollar
limit for review. This allows us to cover all high dollar value transactions not otherwise selected
in the random sample. Our samples are selected randomly utilizing IDEA data analysis software.
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PROPOSAL FOR FINANCIAL AUDITING SERVICES
SPECIFIC AUDIT APPROACH (Continued)
EXTENT OF USE OF INFORMATION TECHNOLOGY
Our traditional approach is to "audit around" the computer, which means that we verify output by
agreeing it, through our audit tests, with corresponding source input transactions. We do not
choose to use audit software that runs through the City’s computer system, such as a test deck.
Like other aspects of the internal control structure, computer controls are documented in our
memoranda and questionnaires. We will consider whether specialized skills are needed to
consider the effect of computer processing on the audit, to understand the internal control
structure policies and procedures or to design and perform audit procedures. The decision to
use a computer specialist in audit planning is a matter of our professional judgment. We will
consider the complexity of the computer system and assess whether we can identify the types of
misstatements that might occur. LSL’s IT Specialist will be involved in the planning and
performance of the audit and also in assessing the IT controls of the City.
TYPE AND EXTENT OF ANALYTICAL PROCEDURES
We use analytical procedures as an overall review of the financial information in the preliminary
and final stages of the audit. These procedures are designed to assist us in planning our audit
and in assessing the propriety of the conclusions reached and in the evaluation of the overall
financial statement presentation. The procedures to be utilized consist of determining
expectations for percentage increases and decreases between significant revenue, expenditure
and balance sheet accounts, reading the financial statements and related notes, reviewing the
budget and related material, and focusing on overall relationships within the financial
statements. Once determined, these are reviewed to evaluate if the changes appear reasonable
or require further analysis. For all significant differences, explanations are obtained as to why the
situation occurred and additional substantive procedures may be applied and related evidence
gathered to resolve concerns and questions.
APPROACH IN UNDERSTANDING THE CITY’S INTERNAL CONTROL STRUCTURE
To gain an understanding of the City of Grand Terrace’s internal control structure, we will
perform procedures as required by SAS 104-111. This will include documenting the major
transaction classes, purpose of funds, structure of the City and to quantify materiality. We will
review and make recommendations on the internal control structure, which consists of Control
Environment, Accounting System and Control Procedures. We will review internal controls in the
area of cash; investments; revenues and receivables; expenditures and accounts payable;
payroll; inventories; property and equipment, debt and debt service; insurance and claims. In
addition, during the performance of the Single Audit, we will review areas of internal controls
over federal grants, including general requirements; specific requirements; claims for advances
and reimbursements and amounts claimed or used for matching.
Based on the result of our review, we will issue a formal internal control report (SAS 115 Letter)
that will identify any significant deficiencies and/or material weaknesses noted. This report is
required by the Government Auditing Standards issued by the Comptroller General of the
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PROPOSAL FOR FINANCIAL AUDITING SERVICES
SPECIFIC AUDIT APPROACH (Continued)
United States, as well as the Single Audit Act. In addition, we will also issue a separate
communication letter directly to the governing board. This letter would communicate any
significant deficiencies or material weaknesses we identify in the internal control system and
other matters that we feel should be communicated to the governing board. All internal control
issues will initially be discussed with the Deputy City Manager – Administrative Services and the
Deputy Finance Director at the exit meeting upon completion of the audit field work.
APPROACH IN DETERMINING LAWS AND REGULATIONS SUBJECT TO AUDIT TEST
The Laws and Regulations that will be subject to audit test work are determined from the
applicable laws, regulations, contracts, and grant agreements which we identify through the
understanding we obtain of the City of Grand Terrace and our extensive experience with
governmental entities.
APPROACH IN DRAWING AUDIT SAMPLES
For the purpose of tests of controls and tests of compliances with laws and regulations, we use
audit sampling. Tests of controls are procedures directed towards determining the effectiveness
of the design or operation of an internal structure policy or procedures. Normally, audit sampling
is used for tests of controls that involve inspection of documents and reports indicating
performance of the policy or procedures and, in many cases, re-performance of the application
of the policy or procedures. These sampling procedures test the operating effectiveness of an
internal control structure policy or procedures by determining how the policy or procedure was
applied, the consistency with which it was applied during the audit period, and by whom it was
applied. To achieve this goal, we draw samples in the area of disbursements, receipts, utility
billing and payroll. Each document selected will be tested for various attributes that are
designed to verify compliance with different aspects of internal controls. Additionally, each
sample item will be tested for coding to the proper accounts and posting to the general ledger.
IDENTIFICATION OF ANTICIPATED POTENTIAL AUDIT PROBLEMS
We do not anticipate any significant potential audit problems. However, our approach to
resolving audit problems, once they have been identified, is to draw upon our internal resources
to get the job done. Most of our clients have us prepare the financial statements and assist
them in handling complicated accounting matters. Therefore, we have the resources to handle
most problems encountered. With regard to City staff time, we recognize that the City of Grand
Terrace’s finance department staff is being fully utilized and thus we would attempt to resolve
audit problems without the assistance of City staff.
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TOTAL ALL-INCLUSIVE MAXIMUM PRICE
The total of all-inclusive maximum price relative to performing the audit engagement is
submitted in the format provided in a separate sealed envelope and includes all direct and
indirect costs including all out-of-pocket expenses.
MANNER OF PAYMENT
Progress billings will be made on the basis of hours of work completed during the course of the
engagement in accordance with our cost bid proposal. Interim billings will cover a period of not
less than a calendar month. The final ten percent (10%) of the total all-inclusive maximum price
will be billed upon delivery of the final reports.
COST PROPOSAL
Separate Sealed Envelope.
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LSL LISTING OF MUNICIPAL AUDIT CLIENTS
Client Contact Person
Service
Code Years Telephone
* Aliso Viejo
Ms. Gina M Tharani, Director of Financial
Services/City Treasuer F 3 949-425-2520
*Azusa Mr. S. Paragas, Finance Director F ,S 17 626-812-5291
Banning Ms. M. Green, Accounting Manager F, S 15 951-922-3118
Bell Gardens Mr. W. Kaholokula, Finance Director F, S 9 562-806-7708
Big Bear Lake Ms. K. Ent, Director of Admin. Services F, S 16 909-866-5831
Burbank Ms. Cindy L Giraldo I 2 818-238-5487
Canyon Lake Mr. T. Shea, Finance Director F 18 909-244-2955
*Cathedral City Mr. K Biersack, Fiscal Officer F,S 4 760-770-0378
*Chino Hills Ms. J. Lancaster, Finance Director F, S 16 909-364-2600
*Claremont Mr. A. Pirrie, Acting Finance Director F, S 9 909-399-5460
*Corona Ms. Kerry Eden, Finance Director F, S 3 951-736-2315
Coronado Ms. L. Suelter, Finance Director F, S 7 619-522-7300
*Diamond Bar Ms. Dianna Honeywell, Finance Director F, S 3 909-839-7051
Duarte Ms. K. Petersen, Finance Director F 7 626-357-7931
*Escondido Ms. J. Ryan, Acting Finance Director F, S 4 760-839-4338
*Emeryville Ms. D. Auker, Finance Director F, S 10 510-596-4352
*Fullerton Ms. J. James, Director of Admin. Services F, S 2 714-738-6522
*Glendora Ms. E. Stoddard, Accounting Manager F, S 10 626-914-8238
Hidden Hills Ms. C. Paglia, City Clerk F 28 818-888-9281
*Indian Wells Mr. K. McCarthy, Finance Director F, S 2 760-346-2489
*Irvine Ms. D. Mullally, Manager of Fiscal Services F, S 3 949-724-6037
Irwindale Ms. E. Carreon, Finance Director F 18 626-430-2221
*La Mirada Ms. M. Pasqual, Finance Manager F, S 10 562-943-0131
*La Quinta Ms. R. Byrd, Finance Director F, S 7 760-777-7150
*Laguna Niguel Mr. S. Erlandson, Finance Director F, S 3 949-362-4358
*Malibu Ms. R. Feldman, Finance Director F 10 310-456-2489
*Manhattan Beach Mr. B. Moe, Finance Director F 11 310-802-5553
*Monrovia Mr. M. Alvarado, Director of Admin. Services F, S 13 626-932-5510
*Moreno Valley Mr. R. Teichert, Finance & Admin Svs Dir. F, S 3 951-413-3021
*Ontario Ms. D. Nunes, Director of Fiscal Services F, S 15 909-395-2352
Orange Mr. R. Jacobs, Finance Director F, S 3 714-744-2235
*Palm Springs Mr. G. Kiehl, Finance Director F, S 4 760-323-8229
*Palos Verdes Estates Ms. L. Yamamoto, Acting Finance Director F 3 310-378-0383
Pomona Ms. P. Chamberlain, Finance Director F, S 2 909-620-2355
*Rancho Cucamonga Ms. T. Layne, Finance Officer F, S 36 909-989-1851
*Redland Ms T. Kundig, Finance Director F,S 3 909-798-7543
Rolling Hills Mr. J. Walker, Finance Director F 5 310-377-1521
San Carlos Ms. R. Mendenhall, Acting Admin Svcs Dir F,S 3 650-802-4221
*Santa Cruz Mr. M. Pimentel, Director of Finance F, S 2 831-420-5050
San Dimas Ms. B. Bishop, Finance Director F, S 53 909-394-6200
San Marino Ms. L. Bailey, Finance Director F 21 626-300-0700
*Santa Barbara Mr. B. Samario, Finance Director F,S 3 805-897-1978
*Seal Beach Ms. V. Beatley, Finance Director F, S 3 562-431-2527
*Simi Valley Mr. J. Purtee, Asst City Manager F, S 6 805-583-6747
*South Pasadena Mr. D. Batt, Acting Finance Director F 11 626-403-7250
*Thousand Oaks Mr. J. Adams, Finance Director F, S 6 805-449-2235
*Vista Mr. D. Nielsen, Finance Manager F 5 760-639-6170 x1023
*Walnut Ms. Marie Santos, Finance Manager F 42 909-595-7543
*Wildomar Mr. G. Nordquist, Finance Director F 5 951-677-7751
Service Codes:
F - Financial Audit
S - Single Audit of Federal Grants in accordance with OMB Circular A-133
I - Internal Audit Services
* - Participates in Award Programs and has received or anticipates receiving outstanding award
Appendix A
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R.H. JOHNSTON ACCOUNTANCY INC.
A Professional Corporation
21300 Victory Boulevard, Suite 750
Woodland Hills, California 91367
(818) 346-9800
Fax (818) 346-0609
System Review Report
November 13, 2013
To the Partners of Lance, Soll & Lunghard, LLP
and the Peer Review Committee of the California Society of CPAs
We have reviewed the system of quality control for the accounting and auditing practice of Lance,
Soll & Lunghard, LLP (the firm) in effect for the year ended May 31, 2013. Our peer review was
conducted in accordance with the Standards for Performing and Reporting on Peer Reviews
established by the Peer Review Board of the American Institute of Certified Public Accountants.
As part of our peer review, we considered reviews by regulatory entities, if applicable, in
determining the nature and extent of our procedures. The firm is responsible for designing a system
of quality control and complying with it to provide the firm with reasonable assurance of performing
and reporting in conformity with applicable professional standards in all material respects. Our
responsibility is to express an opinion on the design of the system of quality control and the firm’s
compliance therewith based on our review. The nature, objectives, scope, limitations of, and the
procedures performed in a System Review are described in the standards at
www.aicpa.org/prsummary.
As required by the standards, engagements selected for review included engagements performed
under Government Auditing Standards, and an audit of employee benefit plan.
In our opinion, the system of quality control for the accounting and auditing practice of Lance, Soll
& Lunghard, LLP in effect for the year ended May 31, 2013, has been suitably designed and
complied with to provide the firm with reasonable assurance of performing and reporting in
conformity with applicable professional standards in all material respects. Firms can receive a rating
of pass, pass with deficiency(ies) or fail. Lance, Soll & Lunghard, LLP has received a peer review
rating of pass.
Appendix BAB
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RICHARD K. KIKUCHI, CPA
ENGAGEMENT PARTNER
Education: Bachelor of Arts Degree in Business Administration
with an emphasis in Accounting - California State
University, Fullerton 1985
License: Certified Public Accountant - California 1991
Continuing Total hours were 142 in last three years of which
Education: 64 were in governmental accounting and auditing
subjects. Mr. Kikuchi has met the Governmental
Auditing Standards requirement for governmental
CPE
Memberships: California Society of Certified Public Accountants
American Institute of Certified Public Accountants
California Society of Municipal Finance Officers
(Associate Member)
Government Finance Officers Association
(Associate Member)
Experience: Over twenty years experience in governmental audits.
He is currently involved on the following major municipal engagements.
City of Bell Gardens City of Canyon Lake
City of Big Bear Lake City of Escondido
City of Redlands City of Pomona
City of Imperial Beach City of Coronado
City of Ontario City of Murrieta
City of Monrovia City of Rancho Cucamonga
City of Malibu City of Manhattan Beach
City of Indian Wells City of Wildomar
Orange County Fire Authority
This work entailed the preparation of the Comprehensive Annual Financial
Report for those entities involved in the award programs of the California
Society of Municipal Finance Officers and the Government Finance Officers
Association of the United States and Canada.
Mr. Kikuchi has the responsibility for overseeing federal single audits for
these and other clients of our firm. These audits have met the requirements
of the OMB and have been desk reviewed by the State Controller’s Office.
Appendix C
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Richard K. Kikuchi, CPA, Partner (Continued)
Achievements: Mr. Kikuchi recently sat on the California State Board of Accountancy’s
Qualifications Committee, which is an advisory committee established to
examine and to make recommendations for all applicants for the license of
Certified Public Accountant.
He currently serves as a technical reviewer for the Government Finance
Officers Association (GFOA) and the California Society of Municipal Finance
Officers (CSMFO).
Mr. Kikuchi sat on the CSMFO Special Districts Technical Committee and
teaches an Introductory Governmental Accounting course through the CSMFO
Career Development Committee.
Appendix C
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DEBORAH A. HARPER, CPA
CONCURRING PARTNER
Education: Bachelor of Arts Degree in Business Administration
with an emphasis in Accounting - California State
University, Fullerton 2000
License: Certified Public Accountant – California 2005
Continuing Total hours were 132 in last three years of which 68
Education: were in governmental accounting and auditing
subjects. Ms. Harper has met the Governmental
Auditing Standards requirement for governmental
CPE.
Memberships: California Society of Certified Public Accountants
American Institute of Certified Public Accountants
California Society of Municipal Finance Officers
(Associate Member)
Government Finance Officers Association
(Associate Member)
Governmental Accounting and Auditing Committee
Experience: Over fourteen years of experience in governmental audits. During her time
with the firm, Ms. Harper has performed all phases of our government audits
and made numerous presentations to Boards of Directors and Audit
Committees. She has been involved on the following similar engagements:
Cucamonga Valley Water District City of Chino Hills
Azusa Agricultural Water Company City of Fontana
Coachella Valley Water District City of Glendora
City of Irvine City of Menifee
City of Corona City of Fullerton
City of Laguna Niguel City of Diamond Bar
City of Monrovia City of Banning
City of Orange City of Claremont
City of Seal Beach City of Brea
City of Simi Valley
This work entailed the preparation of the Comprehensive Annual Financial
Report for those entities involved in the award programs of the California
Society of Municipal Finance Officers and the Government Finance Officers
Association of the United States and Canada.
Appendix C
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Deborah A. Harper, CPA, Partner (Continued)
Review the audit of these entities and provide technical assistance
throughout the year to provide the most up to date information with current
GASB pronouncement.
Present the overall audit results to audit committees or other Board
Members.
Achievements: Ms. Harper has developed and conducts various Lance, Soll & Lunghard, LLP
municipal training courses for new associates and members of the firm.
Appendix C
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J ’ON R. DENNIS, CPA
AUDIT MANAGER
Education: Master of Science in Accounting – Eastern
Michigan University 2005
Bachelor of Business Administration with an
emphasis in Accounting Information Systems –
Eastern Michigan University 2000
License: Certified Public Accountant – California
Continuing Total hours were 148 in last three years of which 82
Education: were in governmental accounting and auditing
subjects. Mr. Dennis has met the Governmental
Auditing Standards requirement for governmental
CPE.
Memberships: California Society of Certified Public Accountants
American Institute of Certified Public Accountants
Information Systems Audit and Control Association
Government Finance Officers Association
(Associate Member)
Experience: Mr. Dennis joined Lance, Soll & Lunghard in March 2013, bringing a diverse
audit background with over ten years of experience. Prior to joining Lance, Soll
& Lunghard, Mr. Dennis has worked for national and local CPA firms
specializing in governmental and not-for-profit audits, including CAFR audits,
Child Care Audits and OMB Circular A-133 Single Audits. Recently, Mr. Dennis
has been involved as the Audit Manager for the following municipal
engagements:
City of Coronado
The City of Coronado is a large city consisting of a variety of governmental and
business-type funds. As the Audit Manager, it has been Mr. Dennis’s
responsibility to oversee the fieldwork for all areas of the financial audit,
including preparation of the Comprehensive Annual Financial Report.
City of Santa Barbara
The City of Santa Barbara is a large city consisting of a variety of governmental
and business-type funds including internal service funds. As the Audit
Manager, it has been Mr. Dennis’s responsibility to oversee the fieldwork for all
areas of the financial audit, including assisting the City with the preparation of
the Comprehensive Annual Financial Report, and the Single Audit in
accordance with A-133. The City of Santa Barbara receives the GFOA Award
for Excellence in Financial Reporting each year.
Appendix C
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J’on Dennis, CPA, Audit Manager (Continued)
City of Manhattan Beach
The City of Manhattan Beach is a large city consisting of a variety of
governmental and business-type funds. As the Audit Manager, it has been Mr.
Dennis’s responsibility to oversee the fieldwork for all areas of the financial
audit, including preparation of the Comprehensive Annual Financial Report and
the Single Audit in accordance with A-133. The City of Manhattan Beach
received the GFOA Award for Excellence in Financial Reporting each year.
Mr. Dennis has also been involved as the Audit Manager in the following
engagements:
City of Emeryville (GFOA Awardee)
City of West Hollywood (GFOA Awardee)
City of Simi Valley (GFOA Awardee)
City of South Pasadena (GFOA Awardee)
California Center for the Arts, Escondido
City of Imperial Beach
Achievements: Mr. Dennis has been involved with teaching current audit and accounting
related material at Lance, Soll & Lunghard, LLP’s in house training seminars.
He is also serves as a mentor in various organizations.
Appendix C
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JOSEPH A. SANTOS, MBA
SENIOR AUDITOR
Education: Bachelor of Science Degree in Business
Administration – University of California, Riverside,
2009
Master of Business Administration, Accounting –
La Sierra University, 2013
License: Certified Public Accountant – In Process
Continuing Total hours were 125 in last three years of which
Education: 74 were in governmental accounting and auditing
subjects. Mr. Agrelius has met the Governmental
Auditing Standards requirement for governmental
CPE.
Experience: Mr. Santos has progressed in an outstanding manner. During his time with the
firm, Mr. Santos has performed all phases of our government audits, including
water districts, other special districts, CAFR audits, redevelopment agency audits
and Single Audits. He has been involved in the following municipal
engagements:
City of Azusa
City of Bell Gardens
City of Cathedral City
City of Chino Hills
City of Claremont
City of Corona
City of Duarte
City of Escondido
City of Fontana
City of Fullerton
City of Glendora
City of Imperial Beach
City of La Quinta
City of Laguna Niguel
City of Manhattan Beach
City of Menifee
City of Murrieta
City of Palos Verdes Estates
City of Redlands
City of Santa Barbara
City of Seal Beach
City of Vista
City of West Hollywood
City of Wildomar
Coachella Valley Water District
Appendix C
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EXHIBIT "C"
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EXHIBIT “D”
INSURANCE
Auditor shall maintain throughout the duration of the term of the Agreement, liability insurance covering Auditor and, with the exception of Professional Liability Insurance, designating City including its elected or appointed officials, directors, officers, agents,
employees, volunteers, or consultants, as additional insured against any and all claims
resulting in injury or damage to persons or property (both real and personal) caused by
any aspect of Auditor 's work, in amounts no less than the following and with such deductibles as are ordinary and reasonable in keeping with industry standards. It shall be stated, in the Additional Insured Endorsement, that Auditor's insurance policies shall
be primary as respects any claims related to or as the result of Auditor 's work. Any
insurance, pooled coverage, or self-insurance maintained by the City, its elected or
appointed officials, directors, officers, agents, employees, volunteers, or consultants shall be non-contributory.
Professional Liability Insurance: $1,000,000/$2,000,000
General Liability: a. General Aggregate $2,000,000
b. Products Comp/Op Aggregate $2,000,000
c. Personal & Advertising Injury $1,000,000
d. Each Occurrence $1,000,000 e. Fire Damage (any one fire) $ 50,000 f. Medical Expense (any one person) $ 5,000
Workers' Compensation:
a. Workers' Compensation Statutory Limits b. EL Each Accident $1,000,000
c. EL Disease - Policy Limit $1,000,000
d. EL Disease - Each Employee $1,000,000
Automobile Liability:
a. Any vehicle, combined single limit $1,000,000
Auditor shall provide thirty (30) days advance notice to City in the event of material changes or cancellation of any coverage. Certificates of insurance and additional insured endorsements shall be furnished to City thirty (30) days prior to the effective
date of this Agreement. Refusal to submit such certificates shall constitute a material
breach of this Agreement entitling City to any and all remedies at law or in equity,
including termination of this Agreement.
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EXHIBIT “D”
INSURANCE
(continued)
If proof of insurance required under this Agreement is not delivered as required or if such insurance is canceled and not adequately replaced, City shall have the right but
not the duty to obtain replacement insurance and to charge Auditor for any premium
due for such coverage. City has the option to deduct any such premium from the sums
due to Auditor. Insurance is to be placed with insurers authorized and admitted to write insurance in
California and with a current A.M. Best's rating of A-:VII or better. Acceptance of
insurance from a carrier with a rating lower than A-:VII is subject to approval by City 's
Risk Manager. Auditor shall immediately advise City of any litigation that may affect these insurance policies.
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FIRST AMENDMENT
TO
AGREEMENT FOR AUDIT SERVICES
This FIRST AMENDMENT ("FIRST AMENDMENT") to the Agreement for
Financial Auditing Services with Lance, Soll & Lunghard, LLP ("AGREEMENT") is
entered into.by and between the CITY OF GRAND TERRACE, hereinafter referred to as
the "CITY," and LANCE, SOLL & LUNGHARD, LLP, hereinafter referred to as
AUDITOR," is entered into the 23rd day of October, 2018.
RECITALS
WHEREAS, the CITY entered into the AGREEMENT with AUDITOR on
August 26, 2014 to perform financial auditing services for the CITY;
WHEREAS, CITY and AUDITOR wish to amend the AGREEMENT in order.to
extend the contract for two years..
NOW,THEREFORE, the parties agree as follows:
1. Paragraph 2 (Term of Agreement) of the AGREEMENT is hereby amended to
read as follows:
TERM OF AGREEMENT. The term of this Agreement shall be from
date executed and shall end with the completion of all deliverables related to the
audit for Fiscal Year 2019-20.
2. Paragraph 4 (Payment for Services) of the AGREEMENT is hereby amended to
read as follows:
PAYMENT FOR SERVICES. The CITY shall pay for the services
performed by AUDITOR pursuant to the terms of this Agreement, the
compensation set forth in the "Audit Work Cost Proposal," which contemplates
the fees for the services through Fiscal Year 2017-18, and "LSL Proposed Audit
Fees," which contemplates fees for the services through Fiscal Year 2019-20. The
fees for all services shall not exceed the amounts shown in Exhibit "A" for each
fiscal year as shown therein. Invoices shall be submitted for work completed on a
progress billing basis to the CITY. Upon verification that the invoice accurately
reflects the work performed, the CITY shall pay AUDITOR within thirty (30)
days therefrom.
3. Exhibit A of this FIRST AMENDMENT, attached hereto and incorporated herein
by this reference, -is hereby added to, and shall supplement, Exhibit A of the
AGREEMENT.
01247.0001/518310.2 Page 1 of 4
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4. Except as amended by this FIRST AMENDMENT, all provisions of the
AGREEMENT shall remain unchanged and in full force and effect. From and after the
date of this FIRST AMENDMENT, whenever the term "AGREEMENT" appears in the
AGREEMENT, it shall mean the AGREEMENT, as amended by this FIRST
AMENDMENT.
5.CITY and AUDITOR each ratify and reaffirm each and every one of the
respective rights and obligations arising under the AGREEMENT. Each party represents
and warrants to the other that there have been no written or oral modifications to the
AGREEMENT other than as provided herein. Each party represents and warrants to the
other that the AGREEMENT is currently an effective, valid, and binding obligation.
AUDITOR represents and warrants to CITY that, as of the date of this
AMENDMENT, CITY is not in default of any material term of the AGREEMENT and
that there have been no events that, with the passing of time or the giving of notice, or
both,would constitute a material default under the AGREEMENT.
6. The parties hereto irrevocably stipulate and agree that they.have each received
adequate and independent consideration for the performance of the obligations they have
undertaken pursuant to this AMENDMENT.
7.The persons executing this AMENDMENT 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 AMENDMENT on behalf of said party, (iii) by so executing this
AMENDMENT, such party is formally bound to the provisions of this AMENDMENT,
and(iv) the entering into this AMENDMENT does not violate any provision of any other
agreement to which said party is bound.
SIGNATURE PAGE FOLLOWS IN PAGE 31
01247.0001/518310.2 Page 2 of 4
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IN WITNESS WHEREOF this FIRST AMENDMENT is signed by the parties
hereto on the date first above written.
CITY OF GRAND TERRACE"
Date
c Mayor
AUDITOR"
Lance, Soll & Lunghard, LLP
Date By
Attest:
Debra Thomas, City Clerk
APPROVED AS TO FORM
Adrian R. Guerra, City Attorney
01247.0001/518310.2 Page 3 of 4
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IN WITNESS WHEREOF this FIRST AMENDMENT is signed by the parties
hereto on the date first above written.
CITY OF GRAND TERRACE"
Date
Darcy McNaboe.Mayor
AUDITOR"
Lanee;S611&Zunghard,LLP
DateBy
Attest:
Debra Thomas, City Clerk
APPROVED AS TO FORM
Zvi
Adrian R. Guerra, City Attorney
01247.0001/518310.2 Page 3 of 4
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EXHIBIT "A"
LSL PROPOSED AUDIT FEES
City of Grand Terrace
LSL Proposed Audit Fees
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FY2018- FY2019-
2019 2020
City 21,490 21,920
CAFR Preparation _3,860
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3,937
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City Controllers
Report
3,300 3,366
Street Report 1,020 11040
ISingle Audit 3,580
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3,652
Housing Successor 5,500 5,610
GASB 68 2,000 2,040
40 550 41 565
01247.0001/518310.2 Page 4 of 4
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01247.0007/695668.2
AMENDED AND RESTATED
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF GRAND TERRACE
and
LANCE, SOLL & LUNGHARD, LLP
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01247.0007/695668.2
-2-
AMENDED AND RESTATED AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF GRAND TERRACE AND
LANCE, SOLL & LUNGHARD, LLP
This “AMENDED AND RESTATED AGREEMENT FOR CONTRACT SERVICES BY
AND BETWEEN THE CITY OF GRAND TERRACE AND LANCE, SOLL & LUNGHARD,
LLP” (herein “Agreement”) is made and entered into this ____ day of ________, 2021 by and
between the City of Grand Terrace, a California municipal corporation (“City”) and Lance, Soll &
Lunghard, LLP, a limited liability partnership (“Consultant”). City and Consultant are sometimes
hereinafter individually referred to as “Party” and hereinafter collectively referred to as the
“Parties.”
RECITALS
A. The City entered into that certain agreement with Consultant entitled “Agreement
for Professional Services Financial Auditing Services,” dated August 26, 2014, for the provision
of certain financial auditing services, as more particularly described therein (“Original
Agreement”).
B. The City and Consultant entered into an amendment to the Original Agreement for
the purpose of extending its term and to provide for additional compensation paid to Consultant
for the extended term (“Amendment No. 1”).
C. Changing the City’s auditors is a significant undertaking and would require the new
auditors to become familiar with the City finances, learn its financial policies/practices, evaluate
its internal controls, and understand its financial issues, which could also impact the conduct and
the delivery of the City’s mandated audited, and, therefore, changing auditors does not generally
occur frequently.
D. Since the onset of the COVID-19 pandemic, interaction between government
agencies has been restricted almost through e-mail, regular mail, faxes and teleconference
meetings and the request for documentation during an audit, has required extensive scanning,
photocopying and mailing of financial documents, revenues and expenditure documents alike.
E. In light of the forgoing, Consultant’s institutional knowledge of the City’s finances
and accounting system, including familiarity with the City’s policies/practices/internal
controls/financial issues, provides for a continuously smooth and efficient audit and it is in the best
interest of the City to continue utilizing Consultant.
F. Based upon the forgoing, because the Original Agreement was entered into in 2014,
the Parties desire to amend and restate the Original Agreement, as provided in 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 to amend and restate the Original Agreement in its entirety as
follows:
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-3-
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.
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
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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.
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
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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.
1.10 Recitals.
The Recitals set forth above are incorporated herein by this reference.
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 annual compensation, including reimbursement
for actual expenses, shall not exceed the “Total Annual Compensation” provided in the Schedule
of Compensation” in Exhibit “C” (the “Contract Sum”), unless additional compensation is
approved pursuant to Section 1.8.
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.
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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.
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.
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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 and deliverables related to
the City’s financial audit for Fiscal Year 2021-22, except as otherwise provided in the Schedule of
Performance (Exhibit “D”). The City Manager, in his or her sole discretion, may extend the term
of this Agreement as follows: (1) extend the term of the Agreement until the completion of the
services and deliverables related to the City’s financial audit for Fiscal Year 2022-23 and (2)
extend the term of this Agreement until the completion of services and deliverables related to the
City’s financial audit for Fiscal Year 2023-2024. Any approved extension shall be subject to the
cost structure set forth in Exhibit “C.”
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:
Richard K. Kikuchi, CPA Partner
(Name) (Title)
(Name) (Title)
(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
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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’s Director of Finance 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
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.
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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.
(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
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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
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
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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:
(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
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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.
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
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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
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
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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
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
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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
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
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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
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.
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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.
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.
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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.
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
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conduct resulting in such payment of money, consideration, or other thing of value will render this
Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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01247.0007/695668.2 20
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:
Lance, Soll, Lunghard, LLP, a limited liability
partnership
By:
___________________________________
Name: Richard K. Kikuchi, CPA
Title: Partner
By:
___________________________________
Name:
Title:
Address: 203 N. Brea Blvd., Suite 203
Brea, CA92821
Two corporate officer signatures required when Consultant is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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01247.0007/695668.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2021 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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01247.0007/695668.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2021 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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01247.0007/695668.2 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A. Perform a financial audit of all funds in the City, including, but not limited to, the
City’s financial statements. The audit will be conducted in accordance with auditing
standards generally accepted in the United States of America and Government
Auditing standards, issued by the Comptroller General of the United States, and the
U.S. Office of Management and Budget (“OMB”) Circular A-133 Audits of State
and Local Governments and Non-Profit Organizations, and the Governmental
Accounting Standards Board (“GASB”) (including, but not limited to, GASB 68
and 75).
B. Prepare the City’s Comprehensive Annual Financial Report (“CAFR”) in full
compliance with all applicable Government Accounting Standards Board
(“GASB”) pronouncements for submission under the Government Finance Officers
Association (“GFOA”) Certificate of Achievement for Excellence in Financial
Reporting program and render an auditors' report on the basic financial statements,
which will include both Government-Wide Financial Statements and Fund
Financial Statements. Consultant shall also apply limited audit procedures to the
Management’s Discussion and Analysis and the required supplementary
information pertaining to the City’s General Fund and each major fund of the City.
C. Issue a separate “management letter” that includes recommendations for
improvements in internal control, accounting procedures and other significant
observations that are considered to be non-reportable conditions.
D. Issue an Independent Accountant's Report on Agreed-Upon Procedures applied to
Appropriations Limit (“Gann Limit”) Worksheets.
E. Prepare the City’s annual State Controller’s Report.
F. Prepare the City’s annual Street Report.
G. Prepare Grand Terrace Housing Successor Agency Annual Financial Report.
H. Prepare the Governmental Accounting Standards Board (“GASB”) 68 report.
I. Prepare the City’s Single Audit Act Report, if needed.
J. Prepare financial statements and related notes and to issue a related opinion
regarding such statements and notes as part of the City’s financial audit.
K. The Services will be performed in compliance with the following:
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01247.0007/695668.2 A-2
i. Generally Accepted Auditing Standards, as set forth by the American
Institute of Certified Public Accountants;
ii. The standards applicable to financial audits contained in the most current
version of the Generally Accepted Government Auditing Standards
(“Yellow Book”), issued by the Comptroller General of the United States;
iii. The provisions of the Single Audit Act as amended in 1996; and
iv. • The provisions of U.S. Office of Management and Budget (“OMB”)
Circular A-133, Audits of State and Local Governments and Non-Profit
Organizations.
II. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A. The City's annual State Controller's Report.
B. The City's annual Street Report.
C. Single Audit Act Report, if needed.
D. Such other tangible work products as the City may request from time to time.
III. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City appraised of the status of performance by delivering
the following status reports:
A. Consultant shall provide such status reports, including meetings and/or conference
calls, as may be needed by the City from time-to-time. If any meetings and/or
conference calls are held, Consultant shall also prepare the necessary meeting
agendas and meeting minutes.
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. Consultant will utilize the following personnel to accomplish the Services:
A. Richard K. Kikuchi, CPA.
B. Deborah A. Harper, CPA.
C. Frank North, CPA.
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01247.0007/695668.2 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
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01247.0007/695668.2 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
Task FY FY Optional FY
2020/21 2021/22 2022/23 2023/24
Audit Services $21,490 $21,920 $22,358 $22,805
CAFR Preparation $3,860 $3,937 $4,016 $4,097
State Controller’s Report $3,300 $3,366 $3,433 $3,502
Street Report $1,020 $1,040 $1,061 $1,082
Grand Terrace Housing Successor Agency
Annual Financial Report
$5,500 $5,610 $5,722 $5,837
GASB 68 Report $2,000 $2,040 $2,081 $2,122
Total – Without Single Audit Report $37,170 $37,913 $38,671 $39,445
Single Audit Report - If required $3,580 $3,652 $3,725 $3,799
Total Annual Compensation* $40,750 $41,565 $42,396 $43,244
*The Total Annual Compensation includes the Single Audit Report. In the event that a
Single Audit Report is not required, then this total shall be accordingly decreased. For
example, if a Single Audit Report is not required for FY 2020/21, then the Total Annual
Compensation relating to the financial audit of FY 2020/21payable to Consultant is
$37,179.
II. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 1.8.
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.
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01247.0007/695668.2 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely in accordance with the following
schedule:
A. Interim fieldwork will generally be conducted in May or June of each year. Audit
planning, documentation of systems of internal control and compliance, and
transaction testing will be completed during the interim stage. A month prior to the
start of the interim work, Consultant will provide a list of schedules and items to be
provided by the City. At the conclusion of the interim fieldwork, a list of schedules
and items needed for the year-end fieldwork will be provided.
B. Year-end audit fieldwork will be scheduled during the beginning of October of each
year assuming that the City will close its book by the end of September of each
year. Financial statements testing, internal controls evaluation, and preparation of
reports and letters will be completed during the year-end fieldwork.
C. Upon completion of the year-end audit fieldwork and prior to issuing any audit
reports or letters, Consultant shall schedule an exit conference with the Contract
Officer to discuss observations and findings.
D. Preliminary draft of the reports and letters will be provided within 30 days of the
completion of the audit field work. Consultant will be available for any meetings
that may be necessary to discuss the draft audit reports and letters.
E. At the request of the City, Consultant will attend up to two (2) meetings annually
to present Consultant’s audit findings and recommendations.
F. Final reports including completed CAFR and other reports and letters will be
delivered to the Contract Officer by December 15th of each year once all issues of
discussion have been resolved.
G. The schedule provided above may be amended by the City as may be required.
II. In addition to any other tangible work products required by this Agreement,
Consultant shall deliver the tangible work products to the City that the City may
require from time-to-time.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
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AGENDA REPORT
MEETING DATE: February 9, 2021 Council Item
TITLE: Approve Amended and Restated Agreement with Hirsch and
Associates in Order to Continue Contract Services for
Completion of the Blue Mountain Trail
PRESENTED BY: Steven Weiss, Planning & Development Services Director
RECOMMENDATION: Approve the attached Amended and Restated Professional
Services Agreement with Hirsch and Associates to continue
services for the completion of Blue Mountain Trail and direct
the City Manager to execute the agreement subject to the
City Attorney approval as to form.
2030 VISION STATEMENT:
This item supports Our Vision that “Grand Terrace is an exceptionally safe and well
managed City, known for its natural beauty and recreational opportunities…” and Goal
#4 - Develop and Implement Successful Partnerships through the design and planning
of the Blue Mountain Nature Trail and Trailhead.
BACKGROUND:
The City owns three (3) separate parcels, acquired in 1982, that total approximately
21.75 acres of land at the northeast corner of Van Buren Avenue and Observation
Drive. The land is designated as public on the General Plan Land Use Map and as
Public Facilities on the Zoning Map. The largest parcel is 20 acres of land and
Exhibit 4.1 - Recreational Resources of the General Plan Open Space and
Conservation Element - designates the 20 acres as a public park. The properties were
accepted from the developer, Griffin Homes, in lieu of Park Fund fees.
These planning documents, along with the history that the properties were accepted in
lieu of park fees, demonstrate the intent and purpose of the City to establish a public
recreation facility on the properties.
The City applied for and was awarded a $212,552 Habitat Conservation Fund grant to
construct a Blue Mountain Nature Trail and Trailhead on the properties owned by the
City. The City applied for grant funding to assist in the construction of a legal access
point up to the top of Blue Mountain. Currently there is no legal means to access Blue
Mountain for hiking other than the annual Blue Mountain Hike. The proposed trail and
trailhead are intended to provide a place for hikers to park and a trail to connect to the
existing access road for hiking. The trail would connect to the existing Blue Mountain
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access road which is on private property. The property owner has agreed to grant the
City public access onto the property to construct the trail connecting to the access road.
Once the path of the trail is determined, the public access easement can be refined.
The work will be done in two phases. Phase 1 is the design work. The scope of work for
the design includes community outreach, design of the park, presentation of the plans to
the City Council, and preparation of the construction document (plans, specifications,
and engineering). At the end of Phase 1, a construction estimate will also be available,
and this will also be provided to the City Council.
Phase 1 also includes Task 2.a to design conceptual plans for a Blue Mountain
identifier. Once a concept is identified, construction costs can be determined for Council
to decide on. With the addition of Task 2.a, the total cost for Phase 1 is $145,510.
Phase 2 is preparation of the bid documents, construction, and labor support. Staff will
return to Council for approval of Phase 2.
DISCUSSION:
In order to carry out Phase 1, the City entered into a contract with Hirsch and
Associates in 2019 and Mr. Ken Foley of Hirsch and Associates has commenced the
work under this contract. Though substantial progress has been achieved under both
contracts and projects, the COVID-19 pandemic has caused unforeseen delays and
continues to delay progress (e.g., it has caused substantial delays relating to property
owner and community participation) and has resulted in many tasks under this contract
to be delayed. Thus, some of the services have been performed and there are still funds
available in this contract to complete the remaining services for this project.
As a result, only $42,423 in services of the authorized $145,510 for the original
agreement with Hirsch and Associates for services relating to the Blue Mountain
Trailhead have been completed. There is a remaining balance of $103,087.
The City Council is therefore recommended to approve the amended and restated
agreement so all tasks in the original contract can be accomplished and authorize the
City Manager to sign such agreement subject to City Attorney approval as to form. The
amended and restated agreement does not add any additional services or any
additional costs beyond what was originally approved in the 2019 agreement. Rather, it
allows for an updated schedule of performance, reflects the work that has been
completed and work yet to be performed, and identifies amounts already paid for
completed work. The amended and restated agreement is attached.
FISCAL IMPACT:
There is no fiscal impact as these amended and restated contracts remain within their
respective budgets.
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ATTACHMENTS:
• AMENDED AND RESTATED Contract Services Agreement-Hirsch(DOCX)
APPROVALS:
Steven Weiss Completed 02/03/2021 8:44 AM
City Attorney Completed 02/03/2021 11:21 AM
Finance Completed 02/03/2021 11:25 AM
City Manager Completed 02/03/2021 8:51 PM
City Council Pending 02/09/2021 6:00 PM
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01006.0005/695734.3 2/2/2021
AMENDED AND RESTATED
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF GRAND TERRACE
and
HIRSCH AND ASSOCIATES, INC.
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01006.0005/695734.3 2/2/2021
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AMENDED AND RESTATED AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF GRAND TERRACE AND
HIRSCH AND ASSOCIATES, INC.
This “AMENDED AND RESTATED AGREEMENT FOR CONTRACT SERVICES BY
AND BETWEEN THE CITY OF GRAND TERRACE AND Hirsch and Associates, Inc.” (herein
“Agreement”) is made and entered into this ____ day of February, 2021 by and between the City
of Grand Terrace, a California municipal corporation (“City”) and Hirsch and Associates, Inc.
(“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party”
and hereinafter collectively referred to as the “Parties.”
RECITALS
A. In 2019, City sought, by issuance of a Request for Proposals or Invitation for Bids,
the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article 1 of this Agreement, was selected by the City
to perform those services.
C. Pursuant to the City of Grand Terrace Municipal Code, City entered into that certain
agreement with Consultant for the services defined and described particularly in Article 1 of such
agreement and dated February 12, 2019, in the amount of $145,510.00 (“Original Agreement”).
D. Though services under the Original Agreement were commenced by Consultant,
the COVID-19 pandemic of 2020 and subsequent pandemic measures (such as social distancing
and limitations on meetings in groups greater than 10) has delayed the completion of services in
the Original Agreement.
E. The services completed in the Original Agreement are described further in Exhibit
A of this Agreement.
F. Because the Consultant has already begun significant work in the Original
Agreement, it is in the best interest of the City to continue services with the Consultant to complete
the services.
G. The authorized contract sum provided within Section 2.1 of the Original Agreement
has not been exceeded and there still remains $103,087.00 that may be expended to complete the
services under the Original Agreement (“Remaining Balance”).
H. The Consultant has agreed to complete the services under the Original Agreement
for the Remaining Balance.
I. At its meeting of February 9, 2021, the City Council determined that it desires to
continue with Consultant to complete the services as described herein.
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01006.0005/695734.3 2/2/2021
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J. Based upon the forgoing, the Parties now desire to amend and restate the Original
Agreement in its entirety in order to allow the City to utilize the Consultant to complete the services
in the Original Agreement as provided 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 hereby agree to amend and restate Original Agreement in its entirety 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.
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
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01006.0005/695734.3 2/2/2021
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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.
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
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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.
1.10 Recitals.
The recitals set forth above are incorporated herein by this reference.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
(a) 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, under the Original Agreement and this Agreement shall not exceed
$145,510.00 (the “Contract Sum”), unless additional compensation is approved pursuant to
Section 1.8.
(b) The Consultant acknowledges and agrees that the City has compensated
Consultant in the amount of $42,423.00 pursuant to the Original Agreement for the tasks marked
as “(COMPLETE)” as shown in Exhibit “A”. Consultant agrees that Consultant shall only be
compensated for the completion of the tasks marked as “(INCOMPLETE)” as provided in Exhibit
“A”, but in no event shall compensation exceed $103,087.00 for tasks marked as
“(INCOMPLETE)” as set forth above.
(c) Except to the specific rights and obligations set forth herein or created or
reserved in this Agreement, the Consultant hereby releases and forever discharges the City and its
officers, employees and agents from any and all claims, demands, actions, causes of action,
obligations, costs, expenses, penalties, interest, attorneys’ fees, damages, losses and liabilities of
whatsoever nature, character or kind, whether known or unknown, suspected or unsuspected,
matured or contingent, which are or could have been the attributed to the tasks marked as
“(COMPLETE)” as shown in Exhibit “A”.
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
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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.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
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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 one (1)
years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit
“D”).
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:
Charles Foley, Vice President
(Name) (Title)
(Name) (Title)
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(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 G. Harold Duffey, City Manager, or such person as may be
designated by the City Manager. It shall be the Consultant’s responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the services and the
Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the approval of the
Contract Officer. The Contract Officer shall have authority, if specified in writing by the City
Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of
this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or
means by which Consultant, its agents or employees, perform the services required herein, except
as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or
control of Consultant’s employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Consultant shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Consultant shall not at any
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time or in any manner represent that it or any of its agents or employees are agents or employees
of City. City shall not in any way or for any purpose become or be deemed to be a partner of
Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with
Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written approval of City. Transfers restricted hereunder shall include the transfer
to any person or group of persons acting in concert of more than twenty five percent (25%) of the
present ownership and/or control of Consultant, taking all transfers into account on a cumulative
basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this
Agreement shall be void. No approved transfer shall release the Consultant or any surety of
Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form and
content satisfactory to City, during the entire term of this Agreement including any extension
thereof, the following policies of insurance which shall cover all elected and appointed officers,
employees and agents of City:
(a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A
policy of comprehensive general liability insurance written on a per occurrence basis for bodily
injury, personal injury and property damage. The policy of insurance shall be in an amount not
less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general
aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance. A policy of worker’s compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or
damage arising from any injuries or occupational diseases occurring to any worker employed by
or any persons retained by the Consultant in the course of carrying out the work or services
contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and
endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance
written on a per occurrence for bodily injury and property damage in an amount not less than
$1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any
automobile.
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(d) Professional Liability. Professional liability insurance appropriate to the
Consultant’s profession. This coverage may be written on a “claims made” basis, and must include
coverage for contractual liability. The professional liability insurance required by this Agreement
must be endorsed to be applicable to claims based upon, arising out of or related to services
performed under this Agreement. The insurance must be maintained for at least 5 consecutive
years following the completion of Consultant’s services or the termination of this Agreement.
During this additional 5-year period, Consultant shall annually and upon request of the City submit
written evidence of this continuous coverage.
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City,
its elected and appointed officers, employees and agents as additional insureds and any insurance
maintained by City or its officers, employees or agents may apply in excess of, and not contribute
with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and
contribution it may have against the City, its officers, employees and agents and their respective
insurers. Moreover, the insurance policy must specify that where the primary insured does not
satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or
cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice
by certified mail return receipt requested to the City. In the event any of said policies of insurance
are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance
in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Consultant has
provided the City with Certificates of Insurance, additional insured endorsement forms or
appropriate insurance binders evidencing the above insurance coverages and said Certificates of
Insurance or binders are approved by the City. City reserves the right to inspect complete, certified
copies of and endorsements to all required insurance policies at any time. Any failure to comply
with the reporting or other provisions of the policies including breaches or warranties shall not
affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate
endorsement) and shall conform to the following “cancellation” notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY
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ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed] ______________
Consultant Initials
City, its respective elected and appointed officers, directors, officials, employees, agents
and volunteers are to be covered as additional insureds as respects: liability arising out of activities
Consultant performs; products and completed operations of Consultant; premises owned, occupied
or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The
coverage shall contain no special limitations on the scope of protection afforded to City, and their
respective elected and appointed officers, officials, employees or volunteers. Consultant’s
insurance shall apply separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer’s liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At
the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects City or its respective elected or appointed officers, officials, employees and
volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related
investigations, claim administration, defense expenses and claims. The Consultant agrees that the
requirement to provide insurance shall not be construed as limiting in any way the extent to which
the Consultant may be held responsible for the payment of damages to any persons or property
resulting from the Consultant’s activities or the activities of any person or persons for which the
Consultant is otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as
provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with
Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall
require the subcontractor to maintain the same policies of insurance that the Consultant is required
to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to
City.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold
and save them and each of them harmless from, any and all actions, either judicial, administrative,
arbitration or regulatory claims, damages to persons or property, losses, costs, penalties,
obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or
liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein of
Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity
for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’
reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance
of or failure to perform any term, provision, covenant or condition of this Agreement, and in
connection therewith:
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(a) Consultant will defend any action or actions filed in connection with any of
said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s
fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection with
the negligent performance of or failure to perform such work, operations or activities of Consultant
hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees
harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorney’s
fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it
fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted
by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that
design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of
the negligence, recklessness or willful misconduct of the design professional. The indemnity
obligation shall be binding on successors and assigns of Consultant and shall survive termination
of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies
qualified to do business in California, rated “A” or better in the most recent edition of Best Rating
Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category
Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk
Manager”) due to unique circumstances. If this Agreement continues for more than 3 years
duration, or in the event the risk manager determines that the work or services to be performed
under this Agreement creates an increased or decreased risk of loss to the City, the Consultant
agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt
of written notice from the Risk Manager.
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ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts,
invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the “books and records”), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete and
detailed. The Contract Officer shall have full and free access to such books and records at all times
during normal business hours of City, including the right to inspect, copy, audit and make records
and transcripts from such records. Such records shall be maintained for a period of three (3) years
following completion of the services hereunder, and the City shall have access to such records in
the event any audit is required. In the event of dissolution of Consultant’s business, custody of the
books and records may be given to City, and access shall be provided by Consultant’s successor
in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in
providing access to the books and records if a public records request is made and disclosure is
required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of
work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees
that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or
will materially increase or decrease the cost of the work or services contemplated herein or, if
Consultant is providing design services, the cost of the project being designed, Consultant shall
promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the “documents and materials”),
including any electronic documents and materials, prepared by Consultant, its employees,
subcontractors and agents in the performance of this Agreement shall be the property of City and
shall be delivered to City in a format of the City’s choice upon request of the Contract Officer or
upon the termination of this Agreement, and Consultant shall have no claim for further
employment or additional compensation as a result of the exercise by City of its full rights of
ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or
assignment of such completed documents for other projects and/or use of uncompleted documents
without specific written authorization by the Consultant will be at the City’s sole risk and without
liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use,
reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant
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shall have the right to use the concepts embodied therein. All subcontractors shall provide for
assignment to City of any documents or materials prepared by them, and in the event Consultant
fails to secure such assignment, Consultant shall indemnify City for all damages resulting
therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as
“works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby
deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions,
response to interrogatories or other information concerning the work performed under this
Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided
Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under. City retains the right, but has no obligation, to represent Consultant or be present at
any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and
to provide City with the opportunity to review any response to discovery requests provided by
Consultant. However, this right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of San Bernardino, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
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Court, venue shall lie exclusively in the Central District of California, in the County of San
Bernardino, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed after
the date of default. Instead, the City may give notice to Consultant of the default and the reasons
for the default. The notice shall include the timeframe in which Consultant may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Consultant is in default, the City shall hold
all invoices and shall, when the default is cured, proceed with payment on the invoices. In the
alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices
during the period of default. If Consultant does not cure the default, the City may take necessary
steps to terminate this Agreement under this Article. Any failure on the part of the City to give
notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights
or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of City
to exercise such right to deduct or to withhold shall not, however, affect the obligations of the
Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
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of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any
other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon written notice to Consultant. In addition, the
Consultant may terminate this Contract for cause, upon sixty (60) days’ advance written notice to
City. Upon receipt of any notice of termination, Consultant shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer. Except where the
Consultant has initiated termination, the Consultant shall be entitled to compensation for all
services rendered prior to the effective date of the notice of termination and for any services
authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or
such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event
the Consultant has initiated termination, the Consultant shall be entitled to compensation only for
the reasonable value of the work product actually produced hereunder. In the event of termination
without cause pursuant to this Section, the terminating party need not provide the non-terminating
party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and
prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to
the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such
damages), and City may withhold any payments to the Consultant for the purpose of set-off or
partial payment of the amounts owed the City as previously stated.
7.9 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such action
or proceeding, in addition to any other relief which may be granted, whether legal or equitable,
shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any
appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable
costs for investigating such action, taking depositions and discovery and all other necessary costs
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the court allows which are incurred in such litigation. All such fees shall be deemed to have
accrued on commencement of such action and shall be enforceable whether or not such action is
prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successor, or for breach of any obligation of the terms
of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant’s performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times avoid
conflicts of interest or the appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected
class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions
imposed, together with any and all costs, including attorney’s fees, incurred by City.
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ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party
desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager
and to the attention of the Contract Officer (with her/his name and City title), City of Grand
Terrace, 22795 Barton Rd, Grand Terrace, CA 92313, and in the case of the Consultant, to the
person(s) at the address designated on the execution page of this Agreement. Either party may
change its address by notifying the other party of the change of address in writing. Notice shall be
deemed communicated at the time personally delivered or in seventy-two (72) hours from the time
of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. No amendment to or modification
of this Agreement shall be valid unless made in writing and approved by the Consultant and by
the City Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections
contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or
decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any
of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder
unless the invalid provision is so material that its invalidity deprives either party of the basic benefit
of their bargain or renders this Agreement meaningless.
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9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this
Agreement, nor shall any official, officer, or employee of City participate in any decision relating
to this Agreement which may affect his/her financial interest or the financial interest of any
corporation, partnership, or association in which (s)he is directly or indirectly interested, or in
violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
“financial interest” shall be consistent with State law and shall not include interests found to be
“remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5.
Nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation, including but not limited to the Political Reform Act (Government Code
Sections 81000, et seq.)
Consultant warrants and represents that it has not paid or given, and will not pay or give,
to any third party including, but not limited to, any City official, officer, or employee, any money,
consideration, or other thing of value as a result or consequence of obtaining or being awarded any
agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render this
Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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01006.0005/695734.3 2/2/2021 20
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
_____________________________________
G. Harold Duffey, City Manager
ATTEST:
_____________________________________
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
____________________________________
Adrian R. Guerra, City Attorney
CONSULTANT:
Hirsch and Associates, Inc.
By: _________________________________
Name:
Title:
By: _________________________________
Name:
Title:
Address: 2221 East Winston Road, Suite A
Anaheim, California 92806
Two corporate officer signatures required when Consultant is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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01006.0005/695734.3 2/2/2021
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2021 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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01006.0005/695734.3 2/2/2021
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2021 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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01006.0005/695734.3 2/2/2021 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant has performed certain Tasks in this Exhibit “A” pursuant to the Original
Agreement; however, due to the delays caused by the COVID-19 pandemic of 2021,
certain Tasks are incomplete. As provided below, Tasks that have been complete are
marked as “(COMPLETE)” and Tasks that have not been completed are marked
“(INCOMPLETE)”. For a Task marked “(INCOMPLETE)” and only has a certain
percentage remaining, then the approximate remaining percentage incomplete will
also be shown below.
Consultant will perform the following Services:
SERVICES
A. Consultant shall provide the following Services (detailed further in the phases
provided below):
i. (INCOMPLETE) Consultant shall provide the design, engineering and
construction management of the Blue Mountain Trailhead and Trail Project,
which includes a new Trail Head, Parking Lot, Trail and identified
amenities, located at the site depicted in Exhibit “A-1” (“Project”).
ii. (COMPLETE) Contractor shall perform all the necessary professional
landscape architectural and engineering services in a timely and
professional manner consistent with the standards of the profession.
iii. (INCOMPLETE) Contractor shall provide overall Project management,
Project scheduling and consult with all parties and team members
throughout the entire length of the project.
iv. (COMPLETE) Contractor shall also meet with City Staff, and others as
directed to establish communications and formulate working relationships.
v. (INCOMPLETE) Contractor shall participate in consultations and
conferences with City Staff and other agencies having jurisdiction over the
Project that may be necessary for the completion of the Project. Such
consultations and conferences shall continue throughout the project
duration. Communication will include a combination of email, telephone
and in person meetings at City Hall and/or project site.
vi. (INCOMPLETE) Contractor shall provide advice and assistance in
determining the feasibility of the Project, analyze the type and quality of
materials and construction methods to be selected, and other initial planning
matters.
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01006.0005/695734.3 2/2/2021 A-2
vii. (INCOMPLETE) Contractor shall use its best judgment in determining the
balance between the size, type and quality of construction to achieve a
satisfactory solution to maintain the City’s stated budget.
PHASE I
B. Task 1 - Administration
i. (INCOMPLETE) This task includes the project management services
including the requirements for meeting documentation, project schedules,
progress reports, invoicing, and administration of Consultant work.
ii. (COMPLETE) Consultant shall coordinate with the City to schedule a
kickoff within 3 working days of the Task Order/Notice to proceed to
review Project objectives and requirements, receive initial information from
City/Utilities, establish the communication plan and protocols, baseline
delivery schedule, and address other issues as necessary to ensure
successful Project initiation.
iii. (INCOMPLETE) Consultant Deliverables: Project Schedule, Progress
Reports, Meeting Notes and invoices.
iv. (INCOMPLETE) Consultant shall manage the Project tasks as provided in
this Exhibit in order to complete the design work within the approved
Project schedule milestone dates as provided in the Schedule of
Performance.
C. Task 2 - Preliminary Design
i. (COMPLETE) Consultant shall review existing data, such as as-builts,
pertaining to the Project.
ii. Survey – Consultant shall conduct a survey of the Project site as follows:
1. (COMPLETE) AREA - This Project covers the Blue Mountain
Trail site in Grand Terrace, California. The mapping limits are
provided in Exhibit “A-1.”
2. (COMPLETE) GROUND CONTROL - Consultant will acquire
the necessary aerial ground control. The horizontal control will be
tied into the street monumentation. The vertical control will be
based upon Mean Sea Level datum tied to local government
benchmarks.
A total of seven (7) aerial control points will be required. See the
attached imagery in Exhibit “A-1” for the control point layout.
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01006.0005/695734.3 2/2/2021 A-3
3. (COMPLETE) AERIAL PHOTOGRAPHY - The aerial
photography will consist of one (1) flight line and four (4) exposures
at an approximate scale of 1"= 300'. The aerial photography will be
flown with a precision aerial mapping camera using black and white
film.
4. (COMPLETE) TOPOGRAPHIC MAPPING - The topographic
mapping will be prepared at a scale of 1"= 40' showing a one (1)
foot contour interval in the southwest corner of the site. The
mapping for the remainder of the site will be delivered at 1"= 40'
scale with a two (2) foot contour interval.
The aerial mapping will be field completed on the southwest portion
of the site only, showing the utilities, sidewalks, street curb and
gutters on both sides of Observation Street and the street centerline,
fences, walls, trails, parking area and other planimetric details that
are not visible on the aerial photography.
Delivery will include a digital black and white orthophoto in the
form of a JPEG file suitable for viewing at a scale of 1"= 20'. The
aerial mapping will meet or exceed National Map Accuracy
Standards for a 1"= 40' scale map with a one (1) foot contour
interval.
5. SURVEY DELIVERY ITEMS
(COMPLETE) Item 1: One (1) set of uncontrolled pdf files of the
aerial photography scans.
(COMPLETE) Item 2: One (1) set of control data and field
completion used on the Project.
(COMPLETE) Item 3: One (1) set of digital (AutoCAD) data of
the above described DTM and mapping data
(INCOMPLETE) Item 4: One (1) black and white digital
orthophoto in the form of a JPEG file. Consultant shall carry out the
following tasks in creating such orthophoto:
(i) (COMPLETE) Photo document existing conditions
(ii) (COMPLETE) Conduct Site Analysis to identify
opportunities and constraints of the Project site.
(iii) (COMPLETE) Obtain and review preliminary
utility information and prepare and send utility notifications
to all utility companies known to operate within the Project
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01006.0005/695734.3 2/2/2021 A-4
area to identify the type and locations of utilities for the
Project.
(iv) (COMPLETE) Develop provisions to
accommodate existing and new utility facilities (e.g.,
maintained in place, removed, adjusted, abandoned, or
installed).
(v) (COMPLETE) Effectively identify utilities
locations and resolve conflicts on proposed plans to keep
Project on schedule. Consultant shall prepare Utility
Conflict Sheet to summarize conflict and resolution.
(vi) (COMPLETE) Notify responsible utility owner of
necessary facility relocation or adjustment.
(vii) (COMPLETE) Ensure significant utility impacts
shall be reflected in the Project schedule and coordinated to
not conflict with the design work.
(viii) (COMPLETE) Prepare a Geotechnical Report as
follows:
- Review soils, geologic data and maps
- Visit park site to observe existing conditions and
Hand Auger and collect soil samples as well as
perform infiltration test.
- Field engineer to log excavation and collect soil
samples
- Laboratory testing of select soils samples for
moisture density, sieve analysis, sand equivalents
and corrosion potential (pH, resistivity, chlorides and
water soluble sulfates).
(ix) (COMPLETE) Conduct first community
presentation to introduce Project scope, schedule and
process. Listen to concerns and comments the public has
related to the Project. City provided design concepts as well
as Google Earth images and site photos will be used to
describe the Project.
(x) (COMPLETE) Prepare Conceptual Design plan
utilizing the formal survey as the base sheet. The provided
preliminary design shall be the basis of the conceptual
design. Verify the preliminary plan horizontal and vertical
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control is achievable. Provide design alternates as needed to
site the proposed required amenities is relationship with
existing grades and ADA accessible code requirements.
(xi) (INCOMPLETE) Obtain restroom design proposals
from (3) manufacturers for review and comparison.
(xii) (INCOMPLETE) Obtain bridge design proposals
from (2) manufacturers for review and comparison.
(xiii) (INCOMPLETE) Obtain manufacturer options for
solar lighting, hydration station, fencing, tables and chairs,
parking lot materials, trail materials, landscape plantings and
irrigation equipment/materials.
(xiv) (INCOMPLETE) Prepare preliminary construction
cost estimate.
(xv) (INCOMPLETE) Meet with City Staff to review
design concept and estimate. Revise as needed based on
input received.
(xvi) (INCOMPLETE) Provide design boards of
concepts and amenities to present to the community at
second meeting for review and comment. Include digital
presentation of concepts and renderings.
(xvii) (INCOMPLETE) From input received, revise
design concepts as necessary.
(xviii) (INCOMPLETE) Provide design boards of revised
concepts to City Staff for review and comment.
(xvix) (INCOMPLETE) Prepare final design concepts and
cost estimate intended to be presented to City Council.
(xx) (INCOMPLETE) Attend City Council Meeting to
present the revised/selected concept/estimate to finalize
aesthetic design choice and receive approval.
(xxi) (INCOMPLETE) Conduct a Soils/Geotechnical
Report and Infiltration test
(xxii) (INCOMPLETE) Review existing Project site
power plans and determine if existing power is available to
power splash pad system.
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01006.0005/695734.3 2/2/2021 A-6
iii. (INCOMPLETE) Task 2.A - Consultant shall develop design
alternates/concepts for a trail marker at the terminus of the upper trail
located at the peak. Consultant shall work with City Staff, Community
Members and Council to identify commonalities in interests for the feature.
Consultant shall prepare design exhibits featuring source images of
inspiration, form features and scale. Such exhibits shall be combination of
2 dimensional plan and elevation views as well as 3D sketch up model.
iv. (COMPLETE) Consultant Deliverables: Preliminary Design Concept
Drawings and estimate (AutoCAD version compatible with City and PDF).
Renderings of the design concept and amenities exhibit featuring photos of
proposed materials (PowerPoint and Photoshop). Site Survey (AutoCAD
version compatible with City and PDF). Preliminary Grading Plan
(AutoCAD version compatible with City and PDF). Preliminary Wet/Dry
Utility Plan (AutoCAD version compatible with City and PDF).
Soils/Geotechnical and Infiltration Test Report. Supporting Documentation
D. (INCOMPLETE) Task 3 - Construction Documentation
Consultant shall develop and assemble Contract Construction Bid Documents ("Bid
Documents") for advertisement and bidding the Project for construction consistent
with applicable law and regulations, including local and California law and
regulations. Plans shall depict all property/right-of-way lines and all existing
improvements such as, but not limited to, curb and gutter, curb returns, cross
gutters, sidewalk, access, and utilities as shown the existing topographic map. Any
removals and possible relocations shall be shown on a demolition plan. The Bid
Documents shall in include all necessary Civil, Landscaping and Structural (Solar
Light Pole Footings only) Construction Plans and supporting documentation for a
complete biddable set. Furthermore, Consultant shall provide Technical
Specifications and Cost Estimates associated with the design plans. All Bid
Documents shall be prepared and stamped by a California licensed Landscape
Architect and Professional Engineer with the appropriate license per each
disciplines of work. The design shall comply with all latest applicable codes,
guidelines, and standards with respect to each design category (i.e. mechanical,
plumbing, structural, civil, building, etc.). Plans shall be drawn at 1"=20' and
include the following:
i. Title/Index Sheet
ii. Demolition Plan
iii. Site/Grading Plan (Civil Engineer shall provide Storm Water Pollution
Prevention Plan SWPPP/Notice of Intent NOI)
iv. Construction Plans and Details
v. Bridge schematic and provided installation details
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vi. Pad and utility stub requirements for placement of the prefabricated
building
vii. Utility Plans (sanitary sewer, storm sewer).
viii. Site Solar Lighting/Photometric Plan
ix. Technical Specifications
x. Probable Construction Cost Estimates with back-up/support information on
quantities and unit prices.
xi. The Plan format, standard construction notes, and sheet borders shall
be commensurate with City standards.
xii. Consultant Deliverables:
1. 75% Full Set Construction Set Drawings (AutoCAD version
compatible with City and PDF) (3 hardcopy sets)
2. 75% Contract Technical Specifications (Word and PDF) (3
hardcopy sets)
3. 75% Engineers Estimate (Excel and PDF) (3 hardcopy sets)
4. Supporting Design Documentation/Calculations (Word, Excel, and
PDF) (3 hardcopy sets)
5. All applicable plans, technical specifications and construction cost
estimates shall conform to City templates, provided that the Contract
Officer may authorize deviations from City templates. Consultant
shall submit an anticipated plan list with the proposal. All submittals
shall be thoroughly checked as part of the Consultants QA/QC
program, inclusive of any independent plan check process. All
redlines shall be attached to each re-submittal with a summary
matrix of comments, edits, and responses provided noting where the
revisions have been incorporated into the specific deliverable as
necessary.
E. (INCOMPLETE) FINAL DESIGN DELIVERABLE FORMAT
i. Final Bid Package Submittal (100% PS&E):
ii. Full Construction Bid Ready Plans (1 PDF file for City duplication and
printing and Autocad files)
iii. Specifications (PDf and DOC file formats)
iv. Project Cost Estimate (Excel file, and PDF)
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v. All Supporting Documents(PDF and/or DOC)
F. City Responsibilities
i. The City shall provide the following to assist the Consultant with the
Project:
ii. Existing Utility as-builts for the adjacent streets and utilities.
iii. Sample contract specifications package (boilerplate)
iv. CEQA Environmental Document
v. Pay for all printing, mailing, overnight transmittal at cost.
vi. In addition, the City shall be responsible for advertising the Project, holding
a pre bid meeting, receiving contractors' bids, printing plans and specs for
bidding purposes, conducting the bid opening, preparing the Notice of
Award, scheduling and conducting the pre-construction meeting, preparing
and distributing the pre- construction meeting agenda and minutes, and
construction management and oversight.
vii. The City shall provide all existing documentation it has on file for the
Project that may include existing utility locations and depths,
survey/boundary information, copies of easement documentation, list of
agencies having jurisdiction over the Project, and the contact person for the
agency, street improvement plans and storm drain plans. Consultant shall
make a good-faith effort to verify the accuracy of such information and
utilize it in the preparation of the final working drawings and specifications.
Consultant acknowledges and agrees that the City has completed this
requirement.
II. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A. In addition to the tangible work products provided above, Consultant shall provide
such other tangible work products as may be required by the City from time to time.
III. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City appraised of the status of performance by delivering
the following status reports:
A. In addition to the status reports provided above, Consultant shall provide such other
status reports as may be required by the City 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.
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01006.0005/695734.3 2/2/2021 A-9
V. All of the above described documents and additional reports, plans, and
specifications will be organized in accordance with the City requirements. They will
be boxed in storage boxes and submitted to the City as permanent City records.
VI. Consultant will utilize the following personnel to accomplish the Services:
A. Charles E. Foley, Vice President & Director of Projects
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EXHIBIT “A-1”
PROJECT DOCUMENTS
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
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01006.0005/695734.3 2/2/2021 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the Tasks marked as “(INCOMPLETE”) in Exhibit “A” 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. Consultant acknowledges and agrees that City has compensated Consultant for those
Tasks shown as “(COMPLETE)” under Exhibit “A”, and that Consultant shall not
be entitled for any additional payment for such tasks.
III. Within the budgeted amounts for each Task as provided in Exhibit “C-1” that are
shown as “(INCOMPLETE)” in Exhibit “A”, and with the approval of the Contract
Officer, funds may be shifted from one Task subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 1.8.
IV. 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 under the Original Agreement and this
Agreement shall not exceed $145,510.00 as provided in Section 2.1 of this Agreement.
VI. The Consultant’s billing rates for all personnel are attached as Exhibit “C-1”.
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01006.0005/695734.3 2/2/2021 C-1
EXHIBIT C-1
Blue Mountain Trail Scope of Work - Phase I Item
Task 1 Administration HAI
Soil
Exploration Survey
Blue
Peak Landmark Totals
Clerical 24hrs @ $65 $1,560.00 $1,560.00
Landscape Architect 104hrs @
$150 $15,600.00 $15,600.00
Kick Off Mtg 1mtg @ $600 $600.00 $600.00
$17,760.00
Task 2 Preliminary Design Survey $17,100.00 $17,100.00
Geotechnical $4,200.00 $4,200.00
Technical Staff 180hrs @ $75 $13,500.00 $13,500.00
Landscape Architect 36hrs @ $150 $5,400.00 $5,400.00
Staff Mtgs 3 @ $600 $1,800.00 $1,800.00
City Council Presentation 1 @ 750 $750.00 $750.00
$42,750.00
Task 2.A Technical Staff 40hrs @ $75 $3,000.00 $3,000.00
Landscape Architect 8hrs @ $150 $1,200.00 $1,200.00
$4,200.00
Task 3 Construction Documents SWPPP/NOI $5,000.00 $5,000.00
Civil Grading Review 12hrs @ $200 $2,400.00 $2,400.00
Structural Engineering $3,000.00 $3,000.00
Clerical 40hrs @ $65 $2,600.00 $2,600.00
Technical Staff 600hrs @ $75 $45,000.00 $45,000.00
Landscape Architect 120hrs @
$150 $18,000.00 $18,000.00
Project Mtgs 3mtg @ $600 $1,800.00 $1,800.00
$77,800.00
Estimated Cost of Printing** $3,000.00
Grand Total $110,810.00 $4,200.00 $17,100.00 $7,400.00 $3,000.00 $145,510.00
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01006.0005/695734.3 2/2/2021 C-2
Professional Rate Schedule
Principal Landscape Architect $150/hr.
Engineer $200/hr.
Associate Landscape Architect $100/hr.
Project Manager $95/hr.
Senior Designer $80/hr.
Technical Staff $75/hr.
Office/Clerical $65/hr.
Project Meetings $600/ea.
Construction Meetings $750/ea.
City Council Meetings $750/ea.
Labor Compliance Manager $110/hr.
Labor Compliance Analyst $85/hr.
**The estimated cost of printing is $3,000.
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01006.0005/695734.3 2/2/2021 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely in accordance with the schedule as
approved in writing by the Contract Officer.
II. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
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AGENDA REPORT
MEETING DATE: February 9, 2021 Council Item
TITLE: City of Colton Environmental Document for Public Review
Pertaining to Barton Warehouses Draft Environmental
Impact Report Notice of Availability
PRESENTED BY: Steven Weiss, Planning & Development Services Director
RECOMMENDATION: Authorize Staff To Submit Letter Of Opposition to the City of
Colton Concerning Barton Warehouses Draft Environmental
Impact Report Wherein Staff Will Submit Comments,
Concerns and Questions Regarding the Analysis of
Environmental Impacts Generated from the Proposed
Project
BACKGROUND:
The City’s Planning and Development Services Department received a public notice
from the City of Colton for: Notice of Availability of a Draft Environmental Impact Report
(DEIR) and public workshop for the Barton Warehouses along both sides of Barton
Road and Terrace Avenue.
DISCUSSION:
Barton Warehouses Notice of Availability
The City of Colton has issued a “Notice of Availability of a Draft Environmental Impact
Report (DEIR) and public workshop” for:
Architectural Site Plan Review, Conditional Use Permit, Tentative Parcel Map,
Variance-Major, and Development Agreement of the northerly 43.85-acres of the 53.15-
acre former Stater Bros. Markets headquarters and warehousing/distribution campus.
Obtain entitlement approvals for the development of two (2) state-of-the-art speculative
concrete tilt-up industrial warehouse logistics facilities; Construct Building 1 on the
approx. 28.14-acre site north of Barton Road and will feature 540,920 sq. ft. of rentable
building area; Building 2 constructed on approximately. 19.46-acre site south of Barton
Road, and will feature 419,920 sq. ft. of rentable building area; The total proposed
square footage of the new facilities is 960,040 square feet. office/warehouse building.
The project is subject to analysis pursuant to the California Environmental Quality Act
(CEQA). In accordance with CEQA Guidelines Section 15367, the City of Colton is the
lead agency with principal responsibility for considering the project for approval (14
California Code of Regulations [CCR] 1500 et seq.).
The Project and associated Draft EIR was discussed at a public scoping meeting
January 26, 2021 via Zoom at a City of Colton Planning Commission Workshop.
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Planning and Development Staff made a public comment expressing serious concern
regarding unmitigable impacts to the City of Grand Terrace.
This DEIR is available for review during the 45-day public review period at:
<https://www.ci.colton.ca.us/DocumentCenter/View/7073/02370027-Colton-Barton-
Road-Draft-EIR>
During the Notice of Preparation (NOP) public comment period, The City requested that
the technical studies provide substantive analysis with acceptable mitigation. Since
most of the vehicles might use Grand Terrace streets, any form of an override is
unacceptable We requested the Draft Environmental Impact Report examine the
following:
1. Addressing potential traffic impacts at the intersection of Barton Road and
Terrace Avenue with acceptable mitigation.
2. Keep Terrace Avenue open or propose an acceptable alternative with complete
analysis Closing Terrace Avenue south of Barton Road to De Berry will impact
the existing business park off Deberry as well as the traffic circulation in the
immediate area.
3. Include the intersection of Barton and Grand Terrace and the intersections with
the freeway on and off ramps in the TIA with a VMT analysis, Greenhouse Gas
Analysis (GHG), Noise Analysis and Air Quality Analysis.
4. Provide the operation of the Barton and Terrace intersection for truck turning
movements assuming Terrace is vacated with the proposed alternative.
5. Submit a bridge operations analysis with recommendations and mitigation due to
the expanded use on the properties.
6. Provide a visual analysis with sections depicting all four sides of both buildings
and height to grade analysis since you are proposing a refrigerated high cube
warehouse that exceeds the height limit with a variance request that justifies with
exceeding the height limit is a hardship.
As this proposal also includes a Development Agreement (DA), Grand Terrace will
experience the most impact and requests to be included in the DA discussion to ensure
our infrastructure preserved through a community benefit. To date, the City has not
been approached by the applicant or the Lead Agency.
Staff is performing extensive review of the DEIR and will furnish technical comments to
the Lead Agency within the legal timeline. It is important that Grand Terrace shares our
concerns regarding the environmental impacts with the City of Colton. Staff
recommends the City Council authorize staff submit a letter of opposition on their behalf
and oppose, as this proposal will jeopardize Grand Terrace’s outstanding quality of life.
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FISCAL IMPACT:
There is no fiscal impact associated with providing input to the City of Colton (Lead
Agency), other than staff time needed to complete the review of the environmental
document and prepare comment letters.
ATTACHMENTS:
• Barton Warehouses NOA (PDF)
APPROVALS:
Steven Weiss Completed 02/02/2021 6:11 PM
City Attorney Completed 02/03/2021 11:20 AM
Finance Completed 02/03/2021 3:47 PM
City Manager Completed 02/03/2021 8:48 PM
City Council Pending 02/09/2021 6:00 PM
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