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08/10/2021CITY OF GRAND TERRACE CITY COUNCIL AND CITY COUNCIL AS THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY AGENDA ● AUGUST 10, 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!! On June 15, 2020, the City of Grand Terrace reopened its public meetings. Therefore, the regular meeting of the City Council for August 10, 2021, is now open to the public. 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 August 10, 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, please complete a Request to Speak Card located at the entrance and give it to the City Clerk. Speakers will be called upon by the Mayor at the appropriate time and each person is allowed three (3) minutes speaking time. If you would like to participate telephonically and speak on an agenda item, you can access the meeting by dialing the following telephone number and you will be placed in the waiting room, muted until it is your turn to speak: *67 1-669-900-9128 Enter Meeting ID: 831 1186 0364 Password: 411469 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 and Successor Agency August 10, 2021 City of Grand Terrace Page 2 CALL TO ORDER Convene City Council and City Council as the Successor Agency to the Community Redevelopment Agency. Invocation Pledge of Allegiance Roll Call Attendee Name Present Absent Late Arrived Mayor/Chair Darcy McNaboe    Mayor Pro Tem/Vice-Chair Bill Hussey    Council/Board Member Sylvia Robles    Council/Board Member Doug Wilson    Council/Board Member Jeff Allen    A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA B. SPECIAL PRESENTATIONS C. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the City Council at one time without discussion. Any Council Member, Staff Member, or Citizen may request removal of an item from the Consent calendar for discussion. 1. Waive Full Reading of Ordinances on Agenda DEPARTMENT: CITY CLERK 2. Approval of Minutes – Regular Meeting – 07/27/2021 DEPARTMENT: CITY CLERK 3. June 10, 2021, Parks & Recreation Advisory Committee Meeting Minutes RECOMMENDATION: Receive and file. DEPARTMENT: CITY CLERK Agenda Grand Terrace City Council and Successor Agency August 10, 2021 City of Grand Terrace Page 3 4. Acceptance of Resignation by Parks & Recreation Advisory Committee Member Jeremy Rivera and Authorization to Send Letter of Appreciation and Post a Notice of Vacancy RECOMMENDATION: Accept the Letter of Resignation of Parks & Recreation Advisory Committee Member Jeremy Rivera, Direct the City Clerk to Prepare and Send a Letter of Appreciation on Behalf of the City Council and Direct the City Clerk to Post a Notice of Vacancy DEPARTMENT: CITY CLERK 5. Road Maintenance and Rehabilitation Improvement Project (CIP 2021-1), Accepting Such Project as Complete and Directing Staff to File Notice of Completion RECOMMENDATION: 1. Accept the Road Maintenance and Rehabilitation Improvement Project (CIP 2021-1) as complete; and 2. Direct City staff to file and record a Notice of Completion for the Road Maintenance and Rehabilitation Improvement Project (CIP 2021-1) DEPARTMENT: PUBLIC WORKS 6. Award and Approval of Lease and Maintenance Agreements with Konica Minolta for Two Multi-Purpose Printer/Copier Machines RECOMMENDATION: 1. Award and Approve 60 Month Lease and Maintenance Agreements to Konica Minolta for the two multi-purpose printer/copier machines at a monthly rate of $240.00 plus applicable taxes and imprint costs ($0.03 per Color Copy and $0.004 per Black & White Copy); and 2. Authorize the Interim City Manager to execute the agreements, subject to the City Attorney’s approval as to form, and purchase order for the lease and additional imprint costs for an annual aggregate amount not to exceed $8,000.00. DEPARTMENT: CITY CLERK Agenda Item No. 7 is a City Council & Successor Agency Item 7. Adoption of Resolutions Updating the Signature Authority for the City's & Successor Agency's (As Applicable) Bank of America, California Asset Management Program, LAIF, US Bank Safekeeping, Arrowhead Credit Union, MIDAmerica, and Empower Retirement Accounts RECOMMENDATION: Adopt the attached Resolutions updating the Signature Authority for the City’s and Successor Agency’s (as applicable) Bank of America, California Asset Management Program, LAIF, US Bank Safekeeping, Arrowhead Credit Union, MIDAmerica, and Empower Retirement Accounts DEPARTMENT: FINANCE Agenda Grand Terrace City Council and Successor Agency August 10, 2021 City of Grand Terrace Page 4 8. Measure I Capital Project Needs Analysis for Fiscal Year 2022-2023 through 2026-2027 RECOMMENDATION: ADOPT “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA, ADOPTING A FIVE-YEAR MEASURE I CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEAR 2022-2023 THROUGH 2026-2027” DEPARTMENT: PUBLIC WORKS D. PUBLIC COMMENT This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the City Council may not discuss or act on any item not on the agenda but may briefly respond to statements made or ask a question for clarification. The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. E. PUBLIC HEARINGS - NONE F. UNFINISHED BUSINESS - NONE G. NEW BUSINESS 9. Approval of Amendment to an Agreement with Interwest Consulting Group for On-Call Engineering Services RECOMMENDATION: 1. Approve Amendment to the On-Call Engineering Service Agreement with Interwest Consulting Group which will increase the total compensation by $50,000 (total $100,000); and 2. Authorize the Mayor to execute the above-mentioned amendment subject to City Attorney approval as to form. DEPARTMENT: PUBLIC WORKS Agenda Grand Terrace City Council and Successor Agency August 10, 2021 City of Grand Terrace Page 5 H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE I. CITY COUNCIL COMMUNICATIONS Council Member Jeff Allen Council Member Doug Wilson Council Member Sylvia Robles Mayor Pro Tem Bill Hussey Mayor Darcy McNaboe J. CITY MANAGER COMMUNICATIONS K. RECESS TO CLOSED SESSION CLOSED SESSION 1. PUBLIC EMPLOYEE APPOINTMENT, pursuant to Government Code Sections 54954.5(e) and 54957 Title: City Manager RECONVENE TO OPEN SESSION REPORT OUT OF CLOSED SESSION L. ADJOURN The Next Regular City Council Meeting will be held on Tuesday, August 24, 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 ● JULY 27, 2021 Council Chambers Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 CALL TO ORDER Mayor Darcy McNaboe convened the Regular Meeting of the City Council for Tuesday, July 27, 2021, at 6:00 p.m. INVOCATION Mayor McNaboe requested everyone bow their head in a moment of silence. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Joshua Imeri-Garcia. Attendee Name Title Status Arrived Darcy McNaboe Mayor Present Bill Hussey Mayor Pro Tem Present Sylvia Robles Council Member Present Doug Wilson Council Member Remote Jeff Allen Council Member Present A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA None. B. SPECIAL PRESENTATIONS Steve Weiss, Acting City Manager, along with the assistance of David Mlynarski, gave a Presentation on Grand T-1’s Traffic Management Plan. PUBLIC COMMENT The following members of the public expressed their concerns with the traffic problem in their neighborhood as it relates to the Grand T-1 project: Edward Giroux Juanita Odenbaugh Bobbie Forbes C.2 Packet Pg. 6 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 2 7 , 2 0 2 1 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council July 27, 2021 City of Grand Terrace Page 2 C. CONSENT CALENDAR RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Council Member SECONDER: Bill Hussey, Mayor Pro Tem AYES: McNaboe, Hussey, Robles, Wilson, Allen 1. Waive Full Reading of Ordinances on Agenda 2. Approval of Minutes – Special Meeting – 07/08/2021 APPROVE THE SPECIAL MEETING MINUTES OF JUNE 8, 2021 3. Approval of Minutes – Special Meeting – 07/12/2021 APPROVE THE SPECIAL MEETING MINUTES OF JUNE 12, 2021 4. Approval of Minutes – Regular Meeting – 07/13/2021 APPROVE THE REGULAR MEETING MINUTES OF JULY 13, 2021 5. City Department Monthly Activity Report - May 2021 RECEIVE AND FILE. 6. Approval of the June-2021 Check Register in the Amount of $1,058,965.58 APPROVE THE CHECK REGISTER NO. 06302021 IN THE AMOUNT OF $1,058,965.58 AS SUBMITTED, FOR THE PERIOD ENDING JUNE 30, 2021. D. PUBLIC COMMENT Bobbie Forbes, Grand Terrace expressed her concerns regarding the parking problem on Grand Terrace Road. The east side of the road is no parking and has a painted red curb. The residents from the mobile home park and their guests park on the west side of the street in the easement of other property owner’s yards. She has requested that the City remove the no parking on the east side of the street to allow parking which will prevent the disturbance this parking creates. Anne Wade-Hornsby, Grand Terrace requested that the City’s Dog Park re-open half days on Wednesday when it is ordinarily closed all day. Additionally, when it rains and the park is closed all day due to rain, consider re-opening the park at some point during the day, depending upon the amount of rain received. E. PUBLIC HEARINGS - NONE C.2 Packet Pg. 7 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 2 7 , 2 0 2 1 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council July 27, 2021 City of Grand Terrace Page 3 F. UNFINISHED BUSINESS - NONE G. NEW BUSINESS 7. Approval of Interim City Manager Employment Agreement Joshua Imeri-Garcia, Aleshire & Wynder Law Clerk, gave the PowerPoint presentation for this item. APPROVE THE INTERIM CITY MANAGER EMPLOYMENT AGREEMENT AND AUTHORIZE THE MAYOR TO EXECUTE SUBJECT TO CITY ATTORNEY APPROVAL AS TO FORM RESULT: APPROVED [4 TO 1] MOVER: Doug Wilson, Council Member SECONDER: Jeff Allen, Council Member AYES: Darcy McNaboe, Sylvia Robles, Doug Wilson, Jeff Allen NAYS: Bill Hussey 8. Committee for Consideration of Naming T-Ball Field at Veteran’s Freedom Park Debra Thomas, City Clerk gave the PowerPoint presentation for this item. Mayor Pro Tem Bill Hussey and Council Member Jeff Allen were selected to serve on the Facility Naming Committee. FORWARD REQUEST FOR THE NAMING OF THE VETERAN’S FREEDOM PARK T- BALL FIELD TO APPROPRIATE COUNCIL COMMITTEE OR APPOINTMENT OF COUNCIL SUBCOMMITTEE TO BE CALLED FACILITY NAMING COMMITTEE RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Council Member SECONDER: Bill Hussey, Mayor Pro Tem AYES: McNaboe, Hussey, Robles, Wilson, Allen H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE I. CITY COUNCIL COMMUNICATIONS Council Member Jeff Allen Council Member Jeff Allen attended the following: • Coffee with a Copy on July 27, 2021, at Woody’s Classic Grill C.2 Packet Pg. 8 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 2 7 , 2 0 2 1 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council July 27, 2021 City of Grand Terrace Page 4 Council Member Doug Wilson Nothing to Report. Council Member Sylvia Robles Nothing to Report. Mayor Pro Tem Bill Hussey Mayor Pro Tem Bill Hussey attended the following: • Coffee with a Cop on July 27, 2021, held at Woody’s Classic Grill Mayor Darcy McNaboe Nothing to Report. J. CITY MANAGER COMMUNICATIONS Steve Weiss, Acting City Manager gave the PowerPoint presentation for this item. K. CLOSED SESSION - NONE L. ADJOURN Mayor Darcy McNaboe adjourned the Regular Meeting of the City Council at 7:30 p.m. The Next Regular City Council Meeting will be held on Tuesday, August 10, 2021, at 6:00 p.m. _________________________________ Darcy McNaboe, Mayor _________________________________ Debra L. Thomas, City Clerk C.2 Packet Pg. 9 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 2 7 , 2 0 2 1 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) AGENDA REPORT MEETING DATE: August 10, 2021 Council Item TITLE: June 10, 2021 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: Planning Commission - Nothing to Report. On July 15, 2021, the Parks & Recreation Advisory Committee held its Special Meeting and approved its June 10, 2021, Regular Meeting minutes. The minutes for this meeting are included as an attachment to this report. The Parks & Recreation Advisory Committee will hold a Special Meeting Workshop on Thursday, August 12, 2021, at 6:30 p.m. in the Community Room. Historical & Cultural Advisory Committee - Nothing to Report. The August 9, 2021, meeting was cancelled due to lack of a quorum. C.3 Packet Pg. 10 FISCAL IMPACT: None. ATTACHMENTS: • 06-10-2021 P&R Minutes (PDF) APPROVALS: Debra Thomas Completed 08/03/2021 8:45 AM City Attorney Completed 08/04/2021 10:07 AM Finance Completed 08/04/2021 10:10 AM City Manager Completed 08/04/2021 11:33 AM City Council Pending 08/10/2021 6:00 PM C.3 Packet Pg. 11 C.3.a Packet Pg. 12 At t a c h m e n t : 0 6 - 1 0 - 2 0 2 1 P & R M i n u t e s ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) C.3.a Packet Pg. 13 At t a c h m e n t : 0 6 - 1 0 - 2 0 2 1 P & R M i n u t e s ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) C.3.a Packet Pg. 14 At t a c h m e n t : 0 6 - 1 0 - 2 0 2 1 P & R M i n u t e s ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) AGENDA REPORT MEETING DATE: August 10, 2021 Council Item TITLE: Acceptance of Resignation by Parks & Recreation Advisory Committee Member Jeremy Rivera and Authorization to Send Letter of Appreciation and Post a Notice of Vacancy PRESENTED BY: Debra Thomas, City Clerk RECOMMENDATION: Accept the Letter of Resignation of Parks & Recreation Advisory Committee Member Jeremy Rivera, Direct the City Clerk to Prepare and Send a Letter of Appreciation on Behalf of the City Council and Direct the City Clerk to Post a Notice of Vacancy BACKGROUND: Jeremy Rivera was appointed to serve as a regular member of the Parks & Recreation Advisory Committee on September 11, 2018, by the City Council with a term continuing until a successor is appointed. DISCUSSION: On July 31, 2021, the City Clerk received an email communication from Mr. Rivera indicating that he is resigning from the Parks & Recreation Advisory Committee. The email communication is attached for your review (Attachment I). With the resignation of Mr. Rivera, the Parks & Recreation Advisory Committee will have one regular member vacancy. After acceptance of Mr. Rivera’s resignation by the City Council, staff recommends that the City Council direct the City Clerk to prepare and send a letter of appreciation to Mr. Rivera and post a notice of vacancy pursuant to Government Code Section 54974. The City Clerk will then begin accepting applications from residents who may wish to serve on the Committee. FISCAL IMPACT: There is no fiscal impact to the City. ATTACHMENTS: • Park & Recreation Advisory Commttee Member Resignation - Jeremy Rivera (PDF) APPROVALS: Debra Thomas Completed 08/03/2021 9:51 AM City Attorney Completed 08/03/2021 10:28 PM C.4 Packet Pg. 15 Finance Completed 08/04/2021 10:09 AM City Manager Completed 08/04/2021 11:39 AM City Council Pending 08/10/2021 6:00 PM C.4 Packet Pg. 16 C.4.a Packet Pg. 17 At t a c h m e n t : P a r k & R e c r e a t i o n A d v i s o r y C o m m t t e e M e m b e r R e s i g n a t i o n - J e r e m y R i v e r a ( P a r k s & R e c r e a t i o n A d v i s o r y C o m m i t t e e M e m b e r AGENDA REPORT MEETING DATE: August 10, 2021 Council Item TITLE: Road Maintenance and Rehabilitation Improvement Project (CIP 2021-1), Accepting Such Project as Complete and Directing Staff to File Notice of Completion PRESENTED BY: Eric Weck, Public Works Director/City Engineer RECOMMENDATION: 1. Accept the Road Maintenance and Rehabilitation Improvement Project (CIP 2021-1) as complete; and 2. Direct City staff to file and record a Notice of Completion for the Road Maintenance and Rehabilitation Improvement Project (CIP 2021-1) 2030 Vision Statement: This staff report supports the following City Council Goals: Goal #2 “Maintain Public Safety” by investing in critical improvements to public infrastructure. BACKGROUND: On February 23, 2021, the City Council awarded a contract to Onyx Paving Company for the construction of the Road Maintenance and Rehabilitation Project in the amount of $468,000. The project is complete and the final cost, including contract change orders, is $495,850.48. The project was completed within the project schedule and project budget. DISCUSSION: The construction work is completed on the road improvement project and staff recommends that the City Council accept the Project as complete and direct City staff to file a Notice of Completion (NOC), which is attached to this report. The 5 % retention will be released to the contractor 35-days following the recordation of the NOC. FISCAL IMPACT: There is no fiscal impact to accepting the Road Maintenance and Rehabilitation Improvement Project (CIP 2021-1) as complete and directing staff to File a Notice of Completion for said project. ATTACHMENTS: C.5 Packet Pg. 18 • Notice_of_Completion 7-29-2021 (PDF) APPROVALS: Eric Weck Completed 08/02/2021 2:54 PM Finance Completed 08/02/2021 4:00 PM City Attorney Completed 08/04/2021 10:09 AM City Manager Completed 08/04/2021 11:45 AM City Council Pending 08/10/2021 6:00 PM C.5 Packet Pg. 19 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: NAME STREET ADDRESS CITY, STATE & ZIP CODE TITLE ORDER NO. ESCROW NO. SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY APN# NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: The undersigned is OWNER or AGENT OF THE OWNER of the interest or estate stated below in the property hereinafter described. The full NAME of the OWNER is The ADDRESS of the OWNER is The NATURE OF THE INTEREST or estate of the undersigned is (e.g. fee, leasehold, joint tenancy, vendee under a contract of purchase, etc.) The full name(s) and address(es) of all persons, if any, who hold such interest or estate with the undersigned as joint tenants or as tenants in common are: Name Address The full name(s) and address(es) of the successor(s) in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to: Name Address A work of improvement on the property hereinafter described was COMPLETED on The work of improvement completed is described as The name of the original contractor, if any, for such work of improvement was: The property on which said work of improvement was completed is in the City of , County of , State of California, and is DESCRIBED AS FOLLOWS: The street address of said property is (if applicable) Dated: Signature of Owner or Agent of Owner *There are various types of deed forms depending on each person’s legal status. Before you use this form you may want to consult an attorney if you have questions concerning which document form is appropriate for your transaction. G. Michael Milhiser, Interim City Manager C.5.a Packet Pg. 20 At t a c h m e n t : N o t i c e _ o f _ C o m p l e t i o n 7 - 2 9 - 2 0 2 1 ( N o t i c e o f C o m p l e t i o n 2 0 2 0 - 2 0 2 1 R o a d w a y M a i n t e n a n c e O n y x C o n s t r u c t i o n ) I, am the (Name of below signor) (Owner, President, Authorized Agent, Partner, etc.) the declarant of the foregoing Notice of Completion. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. (Date and Place) (Signature) G. Michael Milhiser, Interim City Manager C.5.a Packet Pg. 21 At t a c h m e n t : N o t i c e _ o f _ C o m p l e t i o n 7 - 2 9 - 2 0 2 1 ( N o t i c e o f C o m p l e t i o n 2 0 2 0 - 2 0 2 1 R o a d w a y M a i n t e n a n c e O n y x C o n s t r u c t i o n ) AGENDA REPORT MEETING DATE: August 10, 2021 Council Item TITLE: Award and Approval of Lease and Maintenance Agreements with Konica Minolta for Two Multi-Purpose Printer/Copier Machines PRESENTED BY: Debra Thomas, City Clerk RECOMMENDATION: 1. Award and Approve 60 Month Lease and Maintenance Agreements to Konica Minolta for the two multi-purpose printer/copier machines at a monthly rate of $240.00 plus applicable taxes and imprint costs ($0.03 per Color Copy and $0.004 per Black & White Copy); and 2. Authorize the Interim City Manager to execute the agreements, subject to the City Attorney’s approval as to form, and purchase order for the lease and additional imprint costs for an annual aggregate amount not to exceed $8,000.00. 2030 VISION STATEMENT: This staff report promotes our Core Values of Positive and Productive Work Environment and Exceptional Customer Service. BACKGROUND/DISCUSSION: The City has a 60-month lease agreement for each of its multi-purpose photocopier machines with Xerox which is set to expire August 31, 2021. Staff contacted three (3) vendors to provide the City with bids for a new 60-month lease to include per print charges (this process reduces the monthly cost, and you pay only for what you use) and updated equipment. Additionally, the bid prices include all maintenance, parts, and consumable supplies. Staff received three bids from the following vendors: Vendor 1st Floor Machine 2nd Floor Machine Totals Xerox (Attachment A) $167.03 $185.65 $352.68 plus tax B/W Imprints charged at $0.0062 each B/W Imprints charged at $0.0056 each Average monthly prints 5,620 = $33.16 C.6 Packet Pg. 22 Color Imprints charged at $0.0506 each Average monthly prints 5,629 = $284.82 Canon (Attachment B) $338.28 (Included with $338.28 Mo. Payment) $336.28 plus tax B/W Imprints charged at $0.0045 B/W Imprints charged at $0.0066 Average monthly prints 5,620 = $31.19 Color Imprints charged at $0.039 each Average monthly prints 5,629 = $219.56 Konica Minolta (Attachment C) $240.00 (Included with $240.00 Mo. Payment) $240.00 plus tax B/W Imprints charged at $0.004 B/W Imprints charged at $0.004 Average monthly prints 5,620 = $22.48 Color Imprints charged at $0.03 each Average monthly prints 5,629 = $168.90 Based on the quotes received, Konica Minolta is the lowest responsible bidder, and therefore staff is recommending that City Council approve the lease and maintenance agreements as follows: Vendor Annual Bid Amount: Konica Minolta (including estimated print costs) $5,176.56 State & Local Tax @ 7.75% $ 401.18 Imprint Overage Allowance $2,422.26 NOT TO EXCEED ANNUAL TOTAL $8,000.00 Once approved by City Council, the agreements will be signed by the Interim City Manager, subject to the City Attorney approval as to form, and the purchase order will be issued to the vendor in an amount not to exceed of $8,000. C.6 Packet Pg. 23 FISCAL IMPACT: The award of the contract to Konica Minolta as outlined herein, was budgeted from the General Fund, and approved by City Council at the adoption of the FY2021-22 budget. Approved Line Item in FY2021-22: Fund Account Account Title Approved Budget General 10-190-700-000 Lease & Imprints $8000.00 TOTAL BUDGET $8,000.00 ATTACHMENTS: • Attachment A - Xerox (PDF) • Attachment B - Canon (PDF) • Attachment C - Konica Minolta (PDF) • Attachment D - KMPF_Premier_Lease_Agreement (PDF) APPROVALS: Debra Thomas Completed 08/02/2021 5:43 PM City Attorney Completed 08/04/2021 10:35 AM Finance Completed 08/04/2021 10:53 AM City Manager Completed 08/04/2021 11:37 AM City Council Pending 08/10/2021 6:00 PM C.6 Packet Pg. 24 C.6.a Packet Pg. 25 At t a c h m e n t : A t t a c h m e n t A - X e r o x ( A w a r d o f L e a s e A g r e e m e n t t o K o n i c a M i n o l t a f o r T w o M u l t i - P u r p o s e M a c h i n e s ) C.6.a Packet Pg. 26 At t a c h m e n t : A t t a c h m e n t A - X e r o x ( A w a r d o f L e a s e A g r e e m e n t t o K o n i c a M i n o l t a f o r T w o M u l t i - P u r p o s e M a c h i n e s ) C.6.a Packet Pg. 27 At t a c h m e n t : A t t a c h m e n t A - X e r o x ( A w a r d o f L e a s e A g r e e m e n t t o K o n i c a M i n o l t a f o r T w o M u l t i - P u r p o s e M a c h i n e s ) C.6.b Packet Pg. 28 At t a c h m e n t : A t t a c h m e n t B - C a n o n ( A w a r d o f L e a s e A g r e e m e n t t o K o n i c a M i n o l t a f o r T w o M u l t i - P u r p o s e M a c h i n e s ) C.6.b Packet Pg. 29 At t a c h m e n t : A t t a c h m e n t B - C a n o n ( A w a r d o f L e a s e A g r e e m e n t t o K o n i c a M i n o l t a f o r T w o M u l t i - P u r p o s e M a c h i n e s ) C.6.b Packet Pg. 30 At t a c h m e n t : A t t a c h m e n t B - C a n o n ( A w a r d o f L e a s e A g r e e m e n t t o K o n i c a M i n o l t a f o r T w o M u l t i - P u r p o s e M a c h i n e s ) C.6.c Packet Pg. 31 At t a c h m e n t : A t t a c h m e n t C - K o n i c a M i n o l t a ( A w a r d o f L e a s e A g r e e m e n t t o K o n i c a M i n o l t a f o r T w o M u l t i - P u r p o s e M a c h i n e s ) C.6.c Packet Pg. 32 At t a c h m e n t : A t t a c h m e n t C - K o n i c a M i n o l t a ( A w a r d o f L e a s e A g r e e m e n t t o K o n i c a M i n o l t a f o r T w o M u l t i - P u r p o s e M a c h i n e s ) C.6.c Packet Pg. 33 At t a c h m e n t : A t t a c h m e n t C - K o n i c a M i n o l t a ( A w a r d o f L e a s e A g r e e m e n t t o K o n i c a M i n o l t a f o r T w o M u l t i - P u r p o s e M a c h i n e s ) C.6.c Packet Pg. 34 At t a c h m e n t : A t t a c h m e n t C - K o n i c a M i n o l t a ( A w a r d o f L e a s e A g r e e m e n t t o K o n i c a M i n o l t a f o r T w o M u l t i - P u r p o s e M a c h i n e s ) C.6.d Packet Pg. 35 At t a c h m e n t : A t t a c h m e n t D - K M P F _ P r e m i e r _ L e a s e _ A g r e e m e n t ( A w a r d o f L e a s e A g r e e m e n t t o K o n i c a M i n o l t a f o r T w o M u l t i - P u r p o s e M a c h i n e s ) C.6.d Packet Pg. 36 At t a c h m e n t : A t t a c h m e n t D - K M P F _ P r e m i e r _ L e a s e _ A g r e e m e n t ( A w a r d o f L e a s e A g r e e m e n t t o K o n i c a M i n o l t a f o r T w o M u l t i - P u r p o s e M a c h i n e s ) C.6.d Packet Pg. 37 At t a c h m e n t : A t t a c h m e n t D - K M P F _ P r e m i e r _ L e a s e _ A g r e e m e n t ( A w a r d o f L e a s e A g r e e m e n t t o K o n i c a M i n o l t a f o r T w o M u l t i - P u r p o s e M a c h i n e s ) C.6.d Packet Pg. 38 At t a c h m e n t : A t t a c h m e n t D - K M P F _ P r e m i e r _ L e a s e _ A g r e e m e n t ( A w a r d o f L e a s e A g r e e m e n t t o K o n i c a M i n o l t a f o r T w o M u l t i - P u r p o s e M a c h i n e s ) AGENDA REPORT MEETING DATE: August 10, 2021 Council & Successor Agency Item TITLE: Adoption of Resolutions Updating the Signature Authority for the City's & Successor Agency's (As Applicable) Bank of America, California Asset Management Program, LAIF, US Bank Safekeeping, Arrowhead Credit Union, MIDAmerica, and Empower Retirement Accounts PRESENTED BY: Terry Shea, Interim Finance Director RECOMMENDATION: Adopt the attached Resolutions updating the Signature Authority for the City’s and Successor Agency’s (as applicable) Bank of America, California Asset Management Program, LAIF, US Bank Safekeeping, Arrowhead Credit Union, MIDAmerica, and Empower Retirement Accounts 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: The City must update bank and investment account signature authorizations on file with the various financial institutions that hold City and Successor Agency funds as personnel and organizational changes occur. DISCUSSION: With the recent resignation of the City Manager that was effective July 2021, it is necessary to update the signature authority on all City and Successor Agency accounts (as applicable) with Bank of America, California Asset Management Program, LAIF, US Bank Safekeeping, Arrowhead Credit Union, MIDAmerica, and Empower Retirement. The attached Resolutions update the signature authority for each of the institutions mentioned above for the City and Successor Agency, as applicable. The Resolutions designate the Interim City Manager/Successor Agency Interim Executive Director and the Interim Finance Director/Successor Agency Interim Finance Director as the authorized signers. Staff therefore recommends the adoption of each of the attached Resolutions. C.7 Packet Pg. 39 FISCAL IMPACT: There is no fiscal impact associated with adopting the attached Resolutions. ATTACHMENTS: • Arrowhead Credit Union (DOCX) • Bank of America city Reso (DOC) • Bank of America succ agy Reso (DOC) • CAMP ca asset mgmt reso (DOC) • Empower Retirement (DOC) • LAIF City reso (DOC) • LAIF Succ Agy reso (DOC) • MIDAmerica (DOC) • US Bank safekeeping reso (DOC) APPROVALS: Terry Shea Completed 07/28/2021 10:36 AM Finance Completed 07/28/2021 10:37 AM City Attorney Completed 08/04/2021 1:19 PM City Manager Completed 08/04/2021 1:33 PM City Council Pending 08/10/2021 6:00 PM C.7 Packet Pg. 40 RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AUTHORIZING SIGNERS FOR THE ARROWHEAD CREDIT UNION ACCOUNTS WHEREAS, the City of Grand Terrace (“City”) is a municipal corporation established under the laws of the State of California; and WHEREAS, the Arrowhead Credit Union is a not-for-profit financial cooperative established in 1949 and is governed by state credit union laws and regulations. The Arrowhead Credit Union is a cooperative, not-for-profit financial institution organized to promote thrift and provide credit to members; and WHEREAS, the City periodically needs to update its authorized signers with the Arrowhead Credit Union; and WHEREAS, the City Council designates the Interim City Manager and Interim Finance Director as authorized signers on Arrowhead Credit Union accounts; and WHEREAS, authorized signers will have the authority to deposit and withdraw funds with the Arrowhead Credit Union on behalf of the City; and WHEREAS, deposits may only come from and withdrawals may only be made by designated, authorized signers on the account; and WHEREAS, Arrowhead Credit Union requires the City to adopt a corporate resolution and authorization to designate authorized signers on bank accounts; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace, as follows: Section 1. All previous resolutions of designated authorized signers with the Arrowhead Credit Union are hereby revoked. Section 2. Authorized account signers on Arrowhead Credit Union accounts are as follows: Position Individual Name Interim City Manager G. Michael Milhiser Interim Finance Director Terry Shea C.7.a Packet Pg. 41 At t a c h m e n t : A r r o w h e a d C r e d i t U n i o n [ R e v i s i o n 3 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) Page 2 Section 3. Any one of the individuals named as an authorized signer acting on behalf of the City of Grand Terrace is authorized to initiate transactions and execute documents on behalf of the City. Section 4. Any two of the individuals named as authorized signers acting on behalf of the City of Grand Terrace are authorized to sign checks on behalf of the City. Section 5. Interest payments, withdrawals and matured investments may only be transferred to an account of the City or paid by written demand to the City. Section 6. This Resolution shall take effect immediately upon its adoption and the City Clerk shall certify to the passage and adoption of this Resolution, and it shall take effect and be in force. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace, California, at its regular meeting held on the 10th day of August 2021. ____________________________ Darcy McNaboe Mayor ATTEST: ___________________________ Debra L. Thomas City Clerk APPROVED AS TO FORM: ___________________________ Adrian Guerra City Attorney C.7.a Packet Pg. 42 At t a c h m e n t : A r r o w h e a d C r e d i t U n i o n [ R e v i s i o n 3 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) I, Debra Thomas, City Clerk of the City of Grand Terrace, do hereby certify that Resolution No. 2021-______ was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 10th day of August, 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk C.7.a Packet Pg. 43 At t a c h m e n t : A r r o w h e a d C r e d i t U n i o n [ R e v i s i o n 3 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AUTHORIZING SIGNERS FOR THE CITY’S BANK OF AMERICA BANK ACCOUNTS WHEREAS, the City of Grand Terrace (“City”) is a municipal corporation established under the laws of the State of California; and WHEREAS, Bank of America is a federally chartered bank under the laws of the United States; and WHEREAS, the City of Grand Terrace needs to update its signature card(s) periodically with Bank of America due to changes in City staff or changes in staff duties; and WHEREAS, the City Council designates the Interim City Manager and Interim Finance Director as authorized signers on the City’s Bank of America bank accounts; and WHEREAS, Bank of America requires the City to adopt a corporate resolution and authorization to designate authorized signers on the bank accounts; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace, as follows: Section 1. All previous resolutions of designated authorized signers for the City of Grand Terrace with Bank of America are hereby revoked. Section 2. Authorized account signers on Bank of America accounts are as follows: Position Individual Name Interim City Manager G. Michael Milhiser Interim Finance Director Terry Shea Section 3. Any one of the individuals named as an authorized signer acting on behalf of the City of Grand Terrace is authorized to execute documents on behalf of the City. Section 4. Any two of the individuals named as authorized signers acting on behalf of the City of Grand Terrace are authorized to sign checks on behalf of the City. Section 5. This Resolution shall take effect immediately upon its adoption and the City Clerk shall certify to the adoption of this Resolution. C.7.b Packet Pg. 44 At t a c h m e n t : B a n k o f A m e r i c a c i t y R e s o [ R e v i s i o n 1 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) Page 2 PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace, California, at its regular meeting held on the 10th day of August 2021. ____________________________ Darcy McNaboe Mayor ATTEST: ___________________________ Debra L. Thomas City Clerk APPROVED AS TO FORM: ___________________________ Adrian Guerra City Attorney C.7.b Packet Pg. 45 At t a c h m e n t : B a n k o f A m e r i c a c i t y R e s o [ R e v i s i o n 1 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) I, Debra Thomas, City Clerk of the City of Grand Terrace, do hereby certify that Resolution No. 2021- was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace on the 10th day of August, 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _____________________________ City Clerk C.7.b Packet Pg. 46 At t a c h m e n t : B a n k o f A m e r i c a c i t y R e s o [ R e v i s i o n 1 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) RESOLUTION NO. 2021- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY, AUTHORIZING SIGNERS FOR THE BANK OF AMERICA BANK ACCOUNT FOR THE SUCCESSOR AGENCY TO GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY WHEREAS, the Successor Agency to the Grand Terrace Community Redevelopment Agency (“Successor Agency”) is a public agency established under the laws of the State of California; and WHEREAS, Bank of America is a federally chartered bank under the laws of the United States; and WHEREAS, the Board of Directors of the Successor Agency desires to establish a separate bank account for funds of the Successor Agency of the Grand Terrace Community Redevelopment Agency; and WHEREAS, the Board of Directors of the Successor Agency designates the Successor Agency Interim Executive Director and Successor Agency Interim Finance Director as authorized signers on the Successor Agency’s Bank of America bank accounts; and WHEREAS, Bank of America requires the Successor Agency to adopt a corporate resolution and authorization to designate authorized signers on bank accounts; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Successor Agency to the Grand Terrace Community Redevelopment Agency, as follows: Section 1. All previous resolutions of designated authorized signers with Bank of America are hereby revoked. Section 2. Authorized account signers for the Successor Agency’s Bank of America accounts are as follows: Position Individual Name Successor Agency Interim Executive Director G. Michael Milhiser Successor Agency Interim Finance Director Terry Shea Section 3. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the City. C.7.c Packet Pg. 47 At t a c h m e n t : B a n k o f A m e r i c a s u c c a g y R e s o [ R e v i s i o n 1 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) Page 2 Section 4. Any two of the individuals named as authorized signers acting on behalf of the Successor Agency, are authorized to sign checks on behalf of the City. Section 5. This Resolution shall be effective immediately upon its adoption and the Successor Agency Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Successor Agency to the Grand Terrace Community Redevelopment Agency at its regular meeting held on the 10th day of August 2021. _____________________________________ Darcy McNaboe Chair of the Board of the Successor Agency ATTEST: ___________________________ Debra L. Thomas Successor Agency Secretary APPROVED AS TO FORM: ___________________________ Adrian Guerra Successor Agency Counsel C.7.c Packet Pg. 48 At t a c h m e n t : B a n k o f A m e r i c a s u c c a g y R e s o [ R e v i s i o n 1 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) I, Debra Thomas, Successor Agency Secretary, do hereby certify that Resolution No. 2021- was introduced and adopted at a regular meeting of the Board of Directors of the Successor Agency of the Grand Terrace Community Redevelopment Agency, on the 10th day of August, 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Successor Agency Secretary C.7.c Packet Pg. 49 At t a c h m e n t : B a n k o f A m e r i c a s u c c a g y R e s o [ R e v i s i o n 1 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AUTHORIZING SIGNERS FOR CALIFORNIA ASSET MANAGEMENT PROGRAM WHEREAS, the City of Grand Terrace (“City”) is a municipal corporation established under the laws of the State of California; and WHEREAS, the California Asset Management Trust was established pursuant to and in accordance with Joint Powers Exercise of Powers Act, by a Declaration of Trust, made as of December 15, 1989 and as subsequently amended, as a vehicle for public agencies to jointly exercise their common power to invest bond proceeds and other funds; and WHEREAS, the California Asset Management Program is an authorized investment under the investment policy of the City and under Government Code Section 53600; and WHEREAS, the City of Grand Terrace periodically needs to update its authorized signers with the California Asset Management Program; and WHEREAS, authorized signers will have the authority to deposit and withdraw funds with the California Asset Management Program on behalf of the City; and WHEREAS, deposits and withdrawals may only come from designated, authorized City operating and City investment accounts; and WHEREAS, California Asset Management Program requires the City to adopt a resolution to change authorized signers on the account; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace, as follows: Section 1. All previous resolutions of designated authorized signers with the California Asset Management Program are hereby revoked. Section 2. Authorized signers on the California Asset Management Program account are as follows: Position Individual Name Interim City Manager G. Michael Milhiser Interim Finance Director Terry Shea Page 2 C.7.d Packet Pg. 50 At t a c h m e n t : C A M P c a a s s e t m g m t r e s o [ R e v i s i o n 1 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) Section 3. Any one of the named individuals is authorized to sign on behalf of the City of Grand Terrace and is authorized to execute documents on behalf of the City. Section 4. This Resolution shall be effective immediately upon its adoption and the City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace, California, at its regular meeting held on the 10th day of August 2021. ____________________________ Darcy McNaboe Mayor ATTEST: ___________________________ Debra L. Thomas City Clerk APPROVED AS TO FORM: ___________________________ Adrian Guerra City Attorney C.7.d Packet Pg. 51 At t a c h m e n t : C A M P c a a s s e t m g m t r e s o [ R e v i s i o n 1 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) I, Debra Thomas, City Clerk of the City of Grand Terrace, do hereby certify that Resolution No. 2021- was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 10th day of August, 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk C.7.d Packet Pg. 52 At t a c h m e n t : C A M P c a a s s e t m g m t r e s o [ R e v i s i o n 1 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AUTHORIZING SIGNERS FOR THE CITY OF GRAND TERRACE DEFERRED COMPENSATION PLAN WITH EMPOWER RETIREMENT WHEREAS, the City of Grand Terrace is a municipal corporation established under the laws of the State of California (“City”); and WHEREAS, Empower Retirement is a retirement services provider in the United States; and WHEREAS, the City of Grand Terrace needs to update its deposit agreement and signature card with Empower Retirement; and WHEREAS, the City designates the Interim City Manager and Interim Finance Director as authorized signers on the City of Grand Terrace Deferred Comp Plan with Empower Retirement; and WHEREAS Empower Retirement requires the City to adopt a corporate resolution and authorization to designate authorized signers for the City’s Deferred Compensation Plan on behalf of its plan participants; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace, as follows: Section 1. All previous resolutions of designated authorized signers with Empower Retirement are hereby revoked. Section 2. Authorized signers on EMPOWER Retirement accounts are as follows: Position Individual Name Interim City Manager G. Michael Milhiser Interim Finance Director Terry Shea Section 3. Any one of the individuals named as authorized signers acting on behalf of the City of Grand Terrace is authorized to execute documents on behalf of the City. . C.7.e Packet Pg. 53 At t a c h m e n t : E m p o w e r R e t i r e m e n t [ R e v i s i o n 1 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) Page 2 Section 4. This Resolution shall take effect immediately upon its adoption and the City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace, California, at its regular meeting held on the 10th day of August 2021. ____________________________ Darcy McNaboe Mayor ATTEST: ___________________________ Debra L. Thomas City Clerk APPROVED AS TO FORM: ___________________________ Adrian Guerra City Attorney C.7.e Packet Pg. 54 At t a c h m e n t : E m p o w e r R e t i r e m e n t [ R e v i s i o n 1 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) I, Debra Thomas, City Clerk of the City of Grand Terrace, do hereby certify that Resolution No. 2021- was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace, on the 10th day of August, 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk C.7.e Packet Pg. 55 At t a c h m e n t : E m p o w e r R e t i r e m e n t [ R e v i s i o n 1 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AUTHORIZING SIGNERS FOR THE LOCAL AGENCY INVESTMENT FUND WHEREAS, the City of Grand Terrace (“City”) is a municipal corporation established under the laws of the State of California; and WHEREAS, the Local Agency Investment Fund was established by Chapter 730, Statutes of 1976. This fund enables local government agencies or trustees to remit surplus funds, not needed for immediate expenditures, to the State Treasurer for the purpose of investment on behalf of the agency. The State Treasurer will invest such funds as part of a pooled money investment account in order to derive the maximum rate of return possible; and WHEREAS, the Local Agency Investment Fund is an authorized investment under the investment policy of the City and under Government Code Section 53600; and WHEREAS, the City periodically needs to update its authorized signers with the Local Agency Investment Fund; and WHEREAS, authorized signers will have the authority to deposit and withdraw funds with the Local Agency Investment Fund on behalf of the City; and WHEREAS, deposits may only come from and withdrawals may only be made to designated, authorized signers on the City’s account. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace, as follows: Section 1. All previous resolutions of designated authorized signers with the Local Agency Investment Fund are hereby revoked. Section 2. The following officers or their successors in office shall be authorized signers on the Local Agency Investment Fund account: Position Individual Name Interim City Manager G. Michael Milhiser Interim Finance Director Terry Shea C.7.f Packet Pg. 56 At t a c h m e n t : L A I F C i t y r e s o [ R e v i s i o n 1 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) Page 2 Section 3. One of the individuals named as an authorized signer acting on behalf of the City is authorized to initiate transactions and execute documents on behalf of the City. Section 4. Interest payments, withdrawals and matured investments may only be transferred to an account of the City or paid by written demand to the City. Section 5. This Resolution shall be effective immediately upon its adoption and the City Clerk shall certify to the passage and adoption of this Resolution, and it shall take effect and be in force. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace, California, at its regular meeting held on the 10th day of August 2021. ____________________________ Darcy McNaboe Mayor ATTEST: ___________________________ Debra L. Thomas City Clerk APPROVED AS TO FORM: ___________________________ Adrian Guerra City Attorney C.7.f Packet Pg. 57 At t a c h m e n t : L A I F C i t y r e s o [ R e v i s i o n 1 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) I, Debra Thomas, City Clerk of the City of Grand Terrace, do hereby certify that Resolution No. 2021- was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 10th day of August, 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk C.7.f Packet Pg. 58 At t a c h m e n t : L A I F C i t y r e s o [ R e v i s i o n 1 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) RESOLUTION NO. 2021- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY, AUTHORIZING SIGNERS FOR THE LOCAL AGENCY INVESTMENT FUND WHEREAS, the Successor Agency to the Grand Terrace Community Redevelopment Agency (“Successor Agency”) is a public agency established under the laws of the State of California; and WHEREAS, the Local Agency Investment Fund was established by Chapter 730, Statutes of 1976. This fund enables local government agencies or trustees to remit surplus funds, not needed for immediate expenditures, to the State Treasurer for the purpose of investment on behalf of the agency. The State Treasurer will invest such funds as part of a pooled money investment account in order to derive the maximum rate of return possible; and WHEREAS, the Local Agency Investment Fund is an authorized investment under the investment policy of the City and under Government Code Section 53600; and WHEREAS, on January 30, 2012, the City Council elected, by Resolution 2012- 08, to authorize the Successor Agency to the former Grand Terrace Community Redevelopment Agency (Successor Agency), to invest in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code and approved a list of authorized signers to the account; and WHEREAS, the Successor Agency periodically needs to update its authorized signers with the Local Agency Investment Fund; and WHEREAS, authorized signers will have the authority to deposit and withdraw funds with the Local Agency Investment Fund on behalf of the Successor Agency; and WHEREAS, deposits may only come from and withdrawals may only be made to designated, authorized signers on the account. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Successor Agency to the Grand Terrace Community Redevelopment Agency, as follows: Section 1. All previous resolutions of designated authorized signers with the Local Agency Investment Fund are hereby revoked. Section 2. The following officers or their successors in office shall be authorized signers on the Local Agency Investment Fund account: C.7.g Packet Pg. 59 At t a c h m e n t : L A I F S u c c A g y r e s o [ R e v i s i o n 1 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) RESOLUTION NO. 2021- Page 2 Position Individual Name Successor Agency Interim Executive Director G. Michael Milhiser Successor Agency Interim Finance Director Terry Shea Section 3. One of the individuals named as an authorized signer acting on behalf of the Successor Agency is authorized to initiate transactions and execute documents on behalf of the City. Section 4. Interest payments, withdrawals and matured investments may only be transferred to an account of the Successor Agency or paid by written demand to the Successor Agency. Section 5. This Resolution shall take effect immediately upon its adoption and the Successor Agency Secretary shall certify to the passage and adoption of this Resolution, and it shall take effect and be in force. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Successor Agency to the Grand Terrace Community Redevelopment Agency at its regular meeting held on the 10th day of August 2021. ________________________________ Darcy McNaboe Chair of the Board of the Successor Agency ATTEST: ___________________________ Debra L. Thomas Successor Agency Secretary APPROVED AS TO FORM: ___________________________ Adrian Guerra Successor Agency Counsel C.7.g Packet Pg. 60 At t a c h m e n t : L A I F S u c c A g y r e s o [ R e v i s i o n 1 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) RESOLUTION NO. 2021- Page 3 I, Debra Thomas, Successor Agency Secretary to the Successor Agency to the Grand Terrace Community Redevelopment Agency, do hereby certify that Resolution No. 2021- was introduced and adopted at a regular meeting of the Board of Directors of the Successor Agency to the Grand Terrace Community Redevelopment Agency held on the 10th day of August, 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Successor Agency Secretary C.7.g Packet Pg. 61 At t a c h m e n t : L A I F S u c c A g y r e s o [ R e v i s i o n 1 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AUTHORIZING SIGNERS FOR THE CITY OF GRAND TERRACE ACCOUNTS WITH MIDAMERICA ADMINISTRATIVE AND RETIREMENT SOLUTIONS WHEREAS, the City of Grand Terrace (“City”) is a municipal corporation established under the laws of the State of California; and WHEREAS, MIDAMERICA is a retirement plan provider for seasonal, part-time, and temporary employees that replaces Social Security; and WHEREAS, the City of Grand Terrace needs to update its deposit agreement and signature card with MIDAMERICA; and WHEREAS, the City designates the Interim City Manager and Interim Finance Director as authorized signers for Empower Retirement; and WHEREAS, MIDAMERICA requires the City to adopt a corporate resolution and authorization to designate authorized signers on the City’s retirement account on behalf of its plan participants; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace, as follows: Section 1. All previous resolutions of designated authorized signers with Empower Retirement are hereby revoked. Section 2. Authorized signers on MIDAMERICA Admin and Retirement accounts are as follows: Position Individual Name Interim City Manager G. Michael Milhiser Interim Finance Director Terry Shea Section 3. Any one of the individuals named as authorized signers acting on behalf of the City of Grand Terrace is authorized to execute documents on behalf of the City. . C.7.h Packet Pg. 62 At t a c h m e n t : M I D A m e r i c a [ R e v i s i o n 1 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) Page 2 Section 4. This Resolution shall take effect immediately upon its adoption and the City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace, California, at its regular meeting held on the 10th day of August 2021. ____________________________ Darcy McNaboe Mayor ATTEST: ___________________________ Debra L. Thomas City Clerk APPROVED AS TO FORM: ___________________________ Adrian Guerra City Attorney C.7.h Packet Pg. 63 At t a c h m e n t : M I D A m e r i c a [ R e v i s i o n 1 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) I, Debra Thomas, City Clerk of the City of Grand Terrace, do hereby certify that Resolution No. 2021- was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace, on the 10th day of August, 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk C.7.h Packet Pg. 64 At t a c h m e n t : M I D A m e r i c a [ R e v i s i o n 1 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AUTHORIZING SIGNERS FOR US BANK, SAFEKEEPING ACCOUNT WHEREAS, the City of Grand Terrace (“City”) is a municipal corporation established under the laws of the State of California; and WHEREAS, the US Bank is a federally chartered bank under the laws of the United States; and WHEREAS, the City of Grand Terrace needs to update its deposit agreement, signature card or notice of incumbency with US Bank; and WHEREAS, the City designates the Interim City Manager and Interim Finance Director as authorized signers on the US Bank Safekeeping bank account; and WHEREAS US Bank requires the City to adopt a corporate resolution and Authorization to designate authorized signers on such accounts; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace, as follows: Section 1. All previous resolutions of designated authorized signers with US Bank are hereby revoked. Section 2. Authorized signers on US Bank accounts are as follows: Position Individual Name Interim City Manager G. Michael Milhiser Interim Finance Director Terry Shea Section 3. Any one of the individuals named as authorized signers acting on behalf of the City of Grand Terrace is authorized to execute documents on behalf of the City. Section 4. Authorized investment held in US Bank Safekeeping account must be invested in accordance with permitted investments in California Government Code Sections 53601 and 53635. Section 5. This Resolution shall take effect immediately upon its adoption and the City Clerk shall certify to the adoption of this Resolution. C.7.i Packet Pg. 65 At t a c h m e n t : U S B a n k s a f e k e e p i n g r e s o [ R e v i s i o n 1 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) Page 2 PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace, California, at its regular meeting held on the 10th day of August 2021. ____________________________ Darcy McNaboe Mayor ATTEST: ___________________________ Debra L. Thomas City Clerk APPROVED AS TO FORM: ___________________________ Adrian Guerra City Attorney C.7.i Packet Pg. 66 At t a c h m e n t : U S B a n k s a f e k e e p i n g r e s o [ R e v i s i o n 1 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) I, Debra Thomas, City Clerk of the City of Grand Terrace, do hereby certify that Resolution No. 2021- was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace, on the 10th day of August, 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk C.7.i Packet Pg. 67 At t a c h m e n t : U S B a n k s a f e k e e p i n g r e s o [ R e v i s i o n 1 ] ( U p d a t e t o B a n k a n d I n v e s t m e n t A c c o u n t S i g n a t u r e A u t h o r i t y ) AGENDA REPORT MEETING DATE: August 10, 2021 Council Item TITLE: Measure I Capital Project Needs Analysis for Fiscal Year 2022-2023 through 2026-2027 PRESENTED BY: Eric Weck, Public Works Director/City Engineer RECOMMENDATION: ADOPT “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA, ADOPTING A FIVE-YEAR MEASURE I CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEAR 2022-2023 THROUGH 2026-2027” 2030 VISION STATEMENT: This staff report supports Goal #2 "Maintain Public Safety" by investing in improvements to public infrastructure. . BACKGROUND: San Bernardino County voters approved passage of Measure I in November of 2004, authorizing San Bernardino Associated Governments, (SANBAG), acting as the San Bernardino County Transportation Authority (Authority), to impose a one-half of one- percent sale and use tax on retail transactions applicable in the incorporated and unincorporated territory of the County of San Bernardino. The Measure I Strategic Plan requires local jurisdictions to annually adopt a Five-Year Capital Project Needs Analysis (CPNA), which documents project or program needs by fiscal year and includes the anticipated funding sources, funding amounts and project phasing where appropriate. The CPNAs also demonstrate the availability of development mitigation fair share funds for projects included in the Needs Analysis. The Capital Project Needs Analyses for Valley jurisdictions include projects for the Valley Freeway Interchange and Major Street Programs. San Bernardino Associated Governments' staff will use these submittals, along with similar information from SANBAG departments, in a cash-flow analysis necessary for effective implementation of the Measure I Strategic Plan. On October 13, 2020, the City Council adopted the last update to the Capital Projects Needs Analysis (CPNA) as required for Measure I - Arterial Program funding. The CPNA, as adopted, identifies projects in the City where funds would improve traffic capacity and/or operations, subject to projected availability of funds. This project is: “Extend Commerce Way from 900’ n/o DeBerry Rd. to Taylor/Main intersection from 0 to 4 lanes”. C.8 Packet Pg. 68 DISCUSSION: Measure I revenue can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set by Ordinance No. 04-01 and Ordinance No. 89-1 of the Authority. The Strategic Plan and Expenditure Plan require each local jurisdiction applying for revenue from the Valley Major Street - Arterial Program to annually adopt and update the Five-Year CPNA. The CPNA, as recommended, identifies one project in the City where funds would improve traffic capacity and operations, subject to availability of Arterial Program funding. The project description is: Commerce Way extension to Taylor/Main Street with two (2) traffic lanes and a bicycle lane in each direction The Master Agreement for the CPNA was approved by the City Council in May 2010. Staff is recommending that the City Council adopt a resolution approving the proposed updated Five-Year Measure I Capital Projects Needs Analysis for Fiscal Years 2022/23 through 2026/27. FISCAL IMPACT: The City previously committed to obligate $1,000,000 from development impact fees (arterial improvements account) over the five-year period including FY 21-22 thru FY 2025-26 to advance the design and construction of Commerce Way, a major circulation improvement project. The City will receive $2,375,000 in Measure I subventions over the five-year period for this project. The City’s commitment to obligate development impact fees is a requirement to receive the Measure I - Arterial Program funds as this represents the development fair share (approximately 40%) of the cost. The CPNA does not obligate General Fund revenue. The CPNA is updated annually. If development impact fee revenues are not generated at the anticipated pace, the City will need to explore other funding options, delay the project, or reduce the project scope accordingly. Should the City’s priorities change in the future, the CPNA may be revised at any time with the changes reported to SBCTA. ATTACHMENTS: • CPNA Resolution July 2021 (DOC) • Exhibit A CPNA Worksheet 7-27-2021 (PDF) APPROVALS: Eric Weck Completed 07/27/2021 2:49 PM C.8 Packet Pg. 69 City Attorney Completed 08/03/2021 10:58 PM Finance Completed 08/04/2021 10:08 AM City Manager Completed 08/04/2021 11:41 AM City Council Pending 08/10/2021 6:00 PM C.8 Packet Pg. 70 RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA, ADOPTING A FIVE-YEAR MEASURE I CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEAR 2022-2023 THROUGH 2026-2027 WHEREAS, San Bernardino County voters approved passage of Measure I, in November 2004 authorizing San Bernardino Associated Governments, acting as the San Bernardino County Transportation Authority, to impose a one- half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-1 of the Authority; and WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Valley Major Street and Freeway Interchange Programs to annually adopt and update a Five-Year Capital Project Needs Analysis. NOW, THEREFORE, THE CITY COUNCIL OF GRAND TERRACE DOES RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS: SECTION 1. That the City Council of the City of Grand Terrace, State of California, hereby adopts the Measure I, Five-Year Capital Project Needs Analysis for Fiscal Year 2022-2023 through 2026-2027, a copy of which is attached to this resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 10th day of August 2021. ___________________________ Darcy McNaboe Mayor ATTEST: C.8.a Packet Pg. 71 At t a c h m e n t : C P N A R e s o l u t i o n J u l y 2 0 2 1 [ R e v i s i o n 1 ] ( F i v e Y e a r M e a s u r e I C a p i t a l P r o j e c t N e e d s A n a l y s i s U p d a t e ) ____________________________ Debra L. Thomas City Clerk APPROVED AS TO FORM: ____________________________ Adrian R. Guerra City Attorney C.8.a Packet Pg. 72 At t a c h m e n t : C P N A R e s o l u t i o n J u l y 2 0 2 1 [ R e v i s i o n 1 ] ( F i v e Y e a r M e a s u r e I C a p i t a l P r o j e c t N e e d s A n a l y s i s U p d a t e ) I, DEBRA L. THOMAS, CITY CLERK of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council held on the 10th day of August 2021 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Debra L. Thomas City Clerk C.8.a Packet Pg. 73 At t a c h m e n t : C P N A R e s o l u t i o n J u l y 2 0 2 1 [ R e v i s i o n 1 ] ( F i v e Y e a r M e a s u r e I C a p i t a l P r o j e c t N e e d s A n a l y s i s U p d a t e ) Capital Project Needs Analysis Agency: Grand Terrace Program: Valley Arterial Sub-Program Project Name: Extend Commerce Wy from 900' n/o DeBerry Rd to Main St from 0 to 4 lanes Agency Project Name: Agency reported Total Project Cost: Escalation Factor:% Actual Prior Year Dollars and escalated costs in subsequent years (not in 1,000s) Public Share: 60.10% | Dev. Share: 39.90% Funding Prior FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Future Total Nexus Total Project Cost (All phases): 3,500,000 PA&ED MI ART66,50066,50000000133,000 CMAQ 00000000 Total 66,500 66,500 0 0 0 0 0 133,000 Total Presented Funding: 3,180,000 PS&E MI ART12,50012,5000000025,000 DEV FEE 11,000 11,000 0000022,000 ATP 00000000 Total 23,500 23,500 0 0 0 0 0 47,000 Total Measure I Request: 1,911,180 ROW MI ART 35,190 35,190 200,000 50,000 0 0 0 320,380 DEV FEE64,81064,81050,0000000179,620 ATP 00000000 Total 100,000 100,000 250,000 50,000 0 0 0 500,000 CONST MI ART 0 0 400,000 832,800 200,000 0 0 1,432,800 DEV FEE 0 0 400,000 467,200 200,000 0 0 1,067,200 Total 0 0 800,000 1,300,000 400,000 0 0 2,500,000 Total 190,000 190,000 1,050,000 1,350,000 400,000 0 0 3,180,000 *Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including FY 20/21 expenses. Project Comments: Project Comments Last Update: 7/27/2021 12:06:26 PM Reference: Measure I Policy 40006 C.8.b Packet Pg. 74 At t a c h m e n t : E x h i b i t A C P N A W o r k s h e e t 7 - 2 7 - 2 0 2 1 ( F i v e Y e a r M e a s u r e I C a p i t a l P r o j e c t N e e d s A n a l y s i s AGENDA REPORT MEETING DATE: August 10, 2021 Council Item TITLE: Approval of Amendment to an Agreement with Interwest Consulting Group for On-Call Engineering Services PRESENTED BY: Eric Weck, Public Works Director/City Engineer RECOMMENDATION: 1. Approve Amendment to the On-Call Engineering Service Agreement with Interwest Consulting Group which will increase the total compensation by $50,000 (total $100,000); and 2. Authorize the Mayor to execute the above-mentioned amendment subject to City Attorney approval as to form. 2030 VISION STATEMENT: This staff report supports the Mission to preserve and protect our community and its exceptional quality of life through thoughtful planning, within the constraints of fiscally responsible government. It also supports our Core Values by continuing to provide exceptional customer service to residents of the City of Grand Terrace. BACKGROUND: At its meeting of July 14, 2020, the City Council approved an on-call engineering services agreement with Interwest Consulting Group (“Consultant”). The total compensation for the Consultant was $50,000 with an initial 2-year term. Pursuant to the agreement, the Consultant provided on-call engineering services to the City to develop construction plans and specifications for the recently completed citywide road rehabilitation project, concrete repairs, as well as traffic engineering assistance and traffic impact analysis and Water Quality Management Plan review for proposed developments. Likewise, services also include preparing for the next phase of the pavement management program for the 2021-2022 fiscal year, HSIP Cycle 8, project closeout (Mt. Vernon corridor intersection improvement project, Federally funded) and HSIP Cycle 9 Guardrail installation (Federally funded). DISCUSSION: As of the date of this staff report, the Consultant’s on-call engineering services agreement has the following remaining unspent funds: Consultant Current Total Authorized Amount Current Remaining Unspent Amount G.9 Packet Pg. 75 Interwest Consulting Group $50,000 $3,217 As it can be seen, the approved amount for Interwest Consulting Group is nearly expended, thus necessitating an increase in total compensation for Interwest Consulting Group’s on-call engineering services agreement. This increase is necessary because Interwest provided engineering services to the City for preparation of plans and specifications for a citywide roadway rehabilitation project, traffic engineering and oversight and Water Quality Management Plan reviews for development project submittals. Based upon the forgoing, the attached amendment will increase the total compensation for the Consultant under the original agreement by $50,000. If approved, compensation for the Consultant totals $100,000. Recommendation The City Council is therefore recommended to do the following: (1) Approve the Amendment to the On-Call Engineering Service Agreement with Interwest Consulting Group which will increase the total compensation by $50,000 (total $100,000); and (2) Authorize the Mayor to execute the above-mentioned amendment subject to City Attorney approval as to form. FISCAL IMPACT: There are no budget impacts to the funds as these costs have already been included in the current fiscal year budget. ATTACHMENTS: • Amendment 1 to Interwest on-call engineering services agreement (2021) (DOCX) • Original Contract with Interwest Consulting Group (PDF) APPROVALS: Eric Weck Completed 08/02/2021 2:56 PM Finance Completed 08/02/2021 3:59 PM City Attorney Completed 08/04/2021 10:47 AM City Manager Completed 08/04/2021 11:44 AM City Council Pending 08/10/2021 6:00 PM G.9 Packet Pg. 76 01247.0006/730693.1 AMENDMENT NO. 1 TO AN AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND INTERWEST CONSULTING GROUP, INC. FOR ON-CALL ENGINEERING SERVICES This AMENDMENT NO. 1 TO AN AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND INTERWEST CONSULTING GROUP, INC. FOR ON-CALL ENGINEERING SERVICES (“Amendment No. 1”) by and between the CITY OF GRAND TERRACE (“City”) and INTERWEST CONSULTING GROUP, INC. (“Consultant”) is effective as of the ______ day of _____, 2021. RECITALS A. The City entered into that certain Agreement for Contract Services By And Between the City Of Grand Terrace And Interwest Consulting Group for On-Call Engineering Services, dated July 14, 2020 (“Agreement”). B. Total compensation to the Consultant for on-call engineering services rendered pursuant to the Agreement is $50,000. C. The term of the Agreement is two years from the date thereof with the City being able to extend the Agreement by one year. D. Pursuant to the Agreement, the Consultant provided on-call engineering services to the City to develop construction plans and specifications for the recently completed citywide road rehabilitation project, concrete repairs, as well as traffic engineering assistance and traffic impact analysis and Water Quality Management Plan review for proposed developments. E. As a consequence of the above-mentioned on-call engineering services, the Agreement only has $3,217 remaining. F. It is anticipated that Consultant’s on-call engineering services will continue to be needed for projects within the City, which may include, but is not limited to, the following: preparation for the next phase of the pavement management program for the 2021-2022 fiscal year, HSIP Cycle 8, project closeout (Mt. Vernon corridor intersection improvement project) and HSIP Cycle 9 Guardrail installation. G. In order to ensure that adequate funds are available, the total compensation to Consultant under the Agreement must be increased by $50,000. H. The parties now therefore desire to increase Consultant’s total compensation under the Agreement by $50,000 for a total of $100,000. TERMS 1. Amendments to Agreement. The Agreement is amended as provided as follows: G.9.a Packet Pg. 77 At t a c h m e n t : A m e n d m e n t 1 t o I n t e r w e s t o n - c a l l e n g i n e e r i n g s e r v i c e s a g r e e m e n t ( 2 0 2 1 ) [ R e v i s i o n 3 ] ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) 01247.0006/730693.1 1.1 Section 2.1 (Contract Sum) of the Agreement is hereby modified as follows (strikethrough represents deleted language while bold italics represents added language): “Subject to limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Fifty Thousand Dollars ($50,000) One Hundred Thousand Dollars ($100,000) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.” 1.2 Section V of Exhibit “C” is hereby modified as follows (strikethrough represents deleted language while bold italics represents added language): “The total compensation for the Services shall not exceed $50,000 $100,000 for the term of this Agreement, as provided in Section 2.1 of this Agreement.” 2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement, as amended by Amendment No. 1, shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 1. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant 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. Consultant represents and warrants to City that, as of the date of this Amendment No. 1, 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. City represents and warrants to Consultant that, as of the date of this Amendment No. 1, Consultant 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. 4. Adequate Consideration. 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 No. 1. 5. Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to G.9.a Packet Pg. 78 At t a c h m e n t : A m e n d m e n t 1 t o I n t e r w e s t o n - c a l l e n g i n e e r i n g s e r v i c e s a g r e e m e n t ( 2 0 2 1 ) [ R e v i s i o n 3 ] ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) 01247.0006/730693.1 execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of the Agreement, as amended and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] G.9.a Packet Pg. 79 At t a c h m e n t : A m e n d m e n t 1 t o I n t e r w e s t o n - c a l l e n g i n e e r i n g s e r v i c e s a g r e e m e n t ( 2 0 2 1 ) [ R e v i s i o n 3 ] ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) 01247.0006/730693.1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date and year first-above written. CITY: CITY OF GRAND TERRACE, a municipal corporation ___________________________ Darcy McNaboe, Mayor ATTEST: ___________________________ Debra Thomas, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP _______________________ Adrian R. Guerra, City Attorney CONSULTANT: Interwest Consulting Group, Inc. By: Name: Terry Rodrigue Title: CEO By: Name: Debra Thorson Title: CFO Address: 1500 S. Haven Avenue, Suite 220 Ontario, CA 92761 Tel: 909-295-3142 NOTE: 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 DEVELOPER’S BUSINESS ENTITY. G.9.a Packet Pg. 80 At t a c h m e n t : A m e n d m e n t 1 t o I n t e r w e s t o n - c a l l e n g i n e e r i n g s e r v i c e s a g r e e m e n t ( 2 0 2 1 ) [ R e v i s i o n 3 ] ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) 01247.0006/730693.1 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. G.9.a Packet Pg. 81 At t a c h m e n t : A m e n d m e n t 1 t o I n t e r w e s t o n - c a l l e n g i n e e r i n g s e r v i c e s a g r e e m e n t ( 2 0 2 1 ) [ R e v i s i o n 3 ] ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) 01247.0006/730693.1 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. G.9.a Packet Pg. 82 At t a c h m e n t : A m e n d m e n t 1 t o I n t e r w e s t o n - c a l l e n g i n e e r i n g s e r v i c e s a g r e e m e n t ( 2 0 2 1 ) [ R e v i s i o n 3 ] ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) 2020-15 AGREEMENT FOR CONTRACT SERVICES By and Between CITY OF GRAND TERRACE and INTERWEST CONSULTING GROUP, INC. for ON-CALL ENGINEERING SERVICES 01247.0006/656770.2 7/9/2020 c Task Order, the Task Order's Scope of Work/Services or the Notice to Proceed, or both, shall provide the detailed schedule of performance.III. The Contract Officer may approve extensions for performance of the Services in accordance with Section 3.2.01247.0006/656677.2 7/ 9/2020 D-1 Construction Management KK. Jane Freij, Construction Management LL. Rafael Casillas, PE, Public Outreach and Communication MM. Christopher Kelley, PE, QSD/P, Municipal Stormwater Permit Compliance Services 01247.0006/656677. 2 7/9/2020 A-6 G.9.b Packet Pg. 83 At t a c h m e n t : O r i g i n a l C o n t r a c t w i t h I n t e r w e s t C o n s u l t i n g G r o u p ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND INTERWEST CONSULTING GROUP, INC. FOR ON-CALL ENGINEERING SERVICES This "AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND INTERWEST CONSULTING GROUP, INC. FOR ON-CALL ENGINEERING SERVICES" (herein "Agreement") is made and entered into this !4014 day of JuLM , 2020 by and between the City of Grand Terrace, a California municipal corporation City") and Interwest Consulting Group, Inc. ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the Parties." RECITALS A. City has sought, by issuance of a Request for Qualifications, the performance of the services defined and described particularly in Article 1 of this Agreement. B. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: ARTICLE 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement,the Consultant shall provide those services specified in the"Scope ofServices"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. 01247.0006/656770.2 7/9/2020 2- rs and assigns of the parties.SIGNATURES ON FOLLOWING PAGE]01247.0006/656677.2 7/9/2020 18-17-7.9 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 01247.0006/656677.2 7/9/2020 15-euse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656677.2 7/ 9/2020 12- G.9.b Packet Pg. 84 At t a c h m e n t : O r i g i n a l C o n t r a c t w i t h I n t e r w e s t C o n s u l t i n g G r o u p ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) 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 ofthe services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes,plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment,materials,papers, documents,plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 01247.0006/656770.2 7/9/2020 3- 7/9/ 2020 18-17-7.9 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 01247.0006/656677.2 7/9/2020 15-euse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/ 656677.2 7/9/2020 12- G.9.b Packet Pg. 85 At t a c h m e n t : O r i g i n a l C o n t r a c t w i t h I n t e r w e s t C o n s u l t i n g G r o u p ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) 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 ofthe extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or$25,000,whichever is less; or, in the time to perform of up to one hundred eighty 180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the"Special Requirements" attached hereto as Exhibit`B" and incorporated herein by this reference. In the event ofa conflict between the provisions of Exhibit."B" and any other provisions of this Agreement, the provisions of Exhibit `B" shall govern. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. The total compensation,including reimbursement for actual expenses, shall not exceed Fifty Thousand Dollars ($50,000) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1.8. 01247.0006/656770.2 7/9/2020 4- 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 01247.0006/656677.2 7/9/2020 15- euse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656677.2 7/9/2020 12- G.9.b Packet Pg. 86 At t a c h m e n t : O r i g i n a l C o n t r a c t w i t h I n t e r w e s t C o n s u l t i n g G r o u p ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) 2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant's rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or(iv) such other methods as may be specified in the Schedule of Compensation. 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five(45) days ofreceipt 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. 01247.0006/656770.2 7/9/2020 5- ttorney' 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 01247.0006/656677.2 7/9/2020 15-euse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656677.2 7/9/2020 12- G.9.b Packet Pg. 87 At t a c h m e n t : O r i g i n a l C o n t r a c t w i t h I n t e r w e s t C o n s u l t i n g G r o u p ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. In addition,upon issuance of a Notice to Proceed on a Task Order, time is of the essence in the performance of the Task Order's Scope of Work or Scope of Services. 3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty(180) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including,but not restricted to, acts of God or of the public enemy,unusually severe weather,fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten(10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding two (2) years from the date hereof. The City in its sole and absolute discretion may extend the term of this Agreement by one (1) year. ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Consultant. The following principals of Consultant ("Principals") are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: 01247.0006/656770.2 7/9/2020 6- ssion. 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.01247.0006/656770.2 7/9/ 2020 5-ttorney'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 01247.0006/656677.2 7/9/2020 15-euse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656677.2 7/9/2020 12- G.9.b Packet Pg. 88 At t a c h m e n t : O r i g i n a l C o n t r a c t w i t h I n t e r w e s t C o n s u l t i n g G r o u p ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) James G. Ross Public Works Group Leader Name) Title) Manuel Gomez Project Manager Name) Title) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors,ifany, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. 4.2 Status of Consultant. Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant,nor any of Consultant's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be the City Manager or such person as may be designated by the City Manager. It shall be the Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms ofthis 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 01247.0006/656770.2 7/9/2020 7- er necessary costs 01247.0006/656677. 2 7/9/2020 15-euse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656677.2 7/9/2020 12- G.9.b Packet Pg. 89 At t a c h m e n t : O r i g i n a l C o n t r a c t w i t h I n t e r w e s t C o n s u l t i n g G r o u p ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent(25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City. ARTICLE 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City: a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit. b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement. c) Automotive Insurance (Form CA 0001 (Ed 1/87) including "any auto" and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than 01247.0006/656770.2 7/9/2020 8- umber,compensation or hours of service. Consultant shall perform all services required herein as an 01247.0006/656770.2 7/9/2020 7-er necessary costs 01247.0006/656677.2 7/9/2020 15-euse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/ 656677. 2 7/9/2020 12- G.9.b Packet Pg. 90 At t a c h m e n t : O r i g i n a l C o n t r a c t w i t h I n t e r w e s t C o n s u l t i n g G r o u p ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) 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 maybe 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 ofthe 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: 01247.0006/656770.2 7/9/2020 9- y damage in an amount not less than 01247.0006/656770.2 7/9/2020 8-umber,compensation or hours of service. Consultant shall perform all services required herein as an 01247.0006/656770.2 7/9/2020 7-er necessary costs 01247. 0006/656677.2 7/9/ 2020 15-euse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656677.2 7/9/2020 12- G.9.b Packet Pg. 91 At t a c h m e n t : O r i g i n a l C o n t r a c t w i t h I n t e r w e s t C o n s u l t i n g G r o u p ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) 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] tiniltant 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 ofConsultant;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 ofthe 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 01247.0006/656770.2 7/9/2020 10- Consultant shall perform all services required herein as an 01247.0006/656770.2 7/9/2020 7-er necessary costs 01247. 0006/656677.2 7/9/2020 15- euse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656677.2 7/9/2020 12- G.9.b Packet Pg. 92 At t a c h m e n t : O r i g i n a l C o n t r a c t w i t h I n t e r w e s t C o n s u l t i n g G r o u p ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorney's fees incurred in connection therewith; b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work,operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorney's fees. Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions,but,to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City's negligence, except that design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. 5.4 Sufficiency of Insurer. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated"A"or better in the most recent edition of Best Rating Guide,The Key Rating Guide or in the Federal Register,and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City ("Risk Manager") due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager. 01247.0006/656770.2 7/9/2020 11- erformance 01247.0006/ 656770. 2 7/9/2020 10-Consultant shall perform all services required herein as an 01247.0006/656770.2 7/9/2020 7-er necessary costs 01247.0006/656677.2 7/9/2020 15-euse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/ 656677.2 7/9/2020 12- G.9.b Packet Pg. 93 At t a c h m e n t : O r i g i n a l C o n t r a c t w i t h I n t e r w e s t C o n s u l t i n g G r o u p ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) 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 01247.0006/656770.2 7/9/2020 12- G.9.b Packet Pg. 94 At t a c h m e n t : O r i g i n a l C o n t r a c t w i t h I n t e r w e s t C o n s u l t i n g G r o u p ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) 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 01247.0006/656770.2 7/9/2020 13- 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 01247.0006/656770.2 7/9/2020 12- G.9.b Packet Pg. 95 At t a c h m e n t : O r i g i n a l C o n t r a c t w i t h I n t e r w e s t C o n s u l t i n g G r o u p ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) 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 ofthe Consultant's default shall not be deemed to result in a waiver ofthe 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 01247.0006/656770.2 7/9/2020 14- G.9.b Packet Pg. 96 At t a c h m e n t : O r i g i n a l C o n t r a c t w i t h I n t e r w e s t C o n s u l t i n g G r o u p ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement. 7.7 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon written notice to Consultant. In addition, the Consultant may terminate this Contract for cause, upon sixty(60) days' advance written notice to City. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.8 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2,take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated(provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.9 Attorney's Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/656770.2 7/9/2020 15- reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656770.2 7/ 9/2020 12- G.9.b Packet Pg. 97 At t a c h m e n t : O r i g i n a l C o n t r a c t w i t h I n t e r w e s t C o n s u l t i n g G r o u p ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) 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 ofthe 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. 01247.0006/656770.2 7/9/2020 16- 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 01247.0006/656770.2 7/9/2020 15-reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656770.2 7/9/2020 12- G.9.b Packet Pg. 98 At t a c h m e n t : O r i g i n a l C o n t r a c t w i t h I n t e r w e s t C o n s u l t i n g G r o u p ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) 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 ofthe 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 ofthe 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. 01247.0006/656770.2 7/9/2020 17- 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 01247.0006/656770.2 7/9/2020 15-reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656770.2 7/9/2020 12- G.9.b Packet Pg. 99 At t a c h m e n t : O r i g i n a l C o n t r a c t w i t h I n t e r w e s t C o n s u l t i n g G r o u p ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) 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 Initi s 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] 01247.0006/656770.2 7/9/2020 18- 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 01247.0006/656770. 2 7/9/2020 15-reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656770.2 7/9/2020 12- G.9.b Packet Pg. 100 At t a c h m e n t : O r i g i n a l C o n t r a c t w i t h I n t e r w e s t C o n s u l t i n g G r o u p ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: City of Grand errace, municipal corporation Darcy c 02oe, Ma EST: e ra Thomas, City Clerk APPROVED AS TO FORM: ALESHIRE &1, rER, LLP Adrian R. Guerra, City Attorney CONSULTANT: Interwest C s tin nc. By: ame: -r r i yut Title: By: Name: le0(Se A Title: 1j Address: 1500 S. Haven Avenue, Suite 220 Ontario, CA 92761 Tel: 909-295-3142 Two corporate officer signatures required when Consultant is a corporation,with one signature required from each of the following groups: 1)Chairman ofthe 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. 01247.0006/656770.2 7/9/2020 19 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 anymoney,consideration, or other thing of value to any third party including, but G.9.b Packet Pg. 101 At t a c h m e n t : O r i g i n a l C o n t r a c t w i t h I n t e r w e s t C o n s u l t i n g G r o u p ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) ACKNOWLEDGEMENT State of Colorado ss. County of Boulder On Ru5us- 3 120 2 o before me, Te-,c, ,S. Neale,$ Notary Public, personally appeared 1.e.r r.1 J. . .ocre.-q u e who proved to me on the basis of satisfactory evidence to be the person(s) whose name(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 Colorado that the foregoing paragraph is true and correct. Tricia J.Hayes NOTARY PUBLIC STATE OF COLORADO y WITNESS my hand and official seal. NOTARY ID 20034019453 My commission expires: ( //9/2023 MYCOMMISSION EXPIRES June 19,2023 Signature of Notary Pu 'c giC/lr . 4,eo ATE 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.01247. 0006/656770.2 7/9/2020 19 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 anyagreement. Consultant further warrants and represents that ( s)he/it has not engaged G.9.b Packet Pg. 102 At t a c h m e n t : O r i g i n a l C o n t r a c t w i t h I n t e r w e s t C o n s u l t i n g G r o u p ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) ACKNOWLEDGEMENT State of Colorado ss County of Boulder On sk 3 22.0o before me, trititt J. ales Notary Public, personally appeared ..1)e%.,ca. —17n or S o\ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(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 Colorado that the foregoing paragraph is true and correct. Tricia J.Hayes NOTARY PUBLIC WITNESS my hand and official seal. STATE OF COLORADO My commission expires: . //9/2O23 NOTARY 12S03a0194J3MYCOMMISSIONEXPIRESJune 19,2023 Signature of Notary Publ 1iejG L J-Signature of Notary Pu 'c giC/lr . 4,eo ATE 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.01247. 0006/656770.2 7/9/2020 19 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 anyagreement. Consultant further warrants and represents that ( s)he/it has not engaged G.9.b Packet Pg. 103 At t a c h m e n t : O r i g i n a l C o n t r a c t w i t h I n t e r w e s t C o n s u l t i n g G r o u p ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) EXHIBIT "A" SCOPE OF SERVICES On an on-call basis, Consultant will perform Professional Engineering services generally described in this Scope of Services. This Agreement retains the Consultant's on-call availability, but does not guarantee that the Consultant shall be selected to provide services on a project-specific Task Order. II. When the City requests proposals from on-call engineers (including the Consultant) on a project-specific Task Order, and if the City accepts Consultant's proposal, then the Task Order and Notice to Proceed shall provide in detail Consultant's Scope of Services on that Task Order.This Agreement does not guarantee that Consultant will be selected to perform services on Task Orders. This Agreement does not provide for Consultant's compensation except for Consultant's services rendered pursuant to a Notice to Proceed on a Task Order. III. Consultant's on-call Professional Engineering Services may include,but are not limited to, the following: A. Project studies B. Research C. Grant Opportunities for Public Works projects D. Land Survey E. Coordinate and/or obtain approvals from various private and public agencies F. Public meetings, workshops, and presentations G. Project-related reports H. Develop conceptual/preliminary plans and designs I.Develop construction plans and specifications J.Project estimates K. Project schedule L. Bid analysis M. Environmental documents and permit compliance N. Utility research and coordination O. Construction support(such as review of quantities and field inspections) 01247.0006/656770.2 7/9/2020 A-1 o, any City official, officer, or employee, as a G.9.b Packet Pg. 104 At t a c h m e n t : O r i g i n a l C o n t r a c t w i t h I n t e r w e s t C o n s u l t i n g G r o u p ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) P. Construction management Q. Services associated with project development R. Provide development processing services,including,but not limited to,plan and map checking, on-site oversight, and inspections for new development activity as directed. S. Provide City Traffic Engineering related services such as traffic safety investigations, speed zone surveys, route planning, corridor analysis, capacity evaluations, bicycle and pedestrian facilities analysis, traffic impact reports, traffic signal and control systems, parking facilities, street signage and marking programs, and street lighting; IV. Consultant's on-call Professional Engineering Services may include temporary augmentation of staff functions including,but not limited to, the following: A. Perform at the Project Engineer and/or Project Manager(both of which are referred to herein as "PM") level to assist the Public Works department with various projects. B. The PM shall be a registered professional Civil Engineer licensed to practice in the State of California, with a minimum of 10 years of experience in design and construction management and project management of a variety of Public Works projects. The PM shall have clear oral and written communication skills. C. The PM's services may be required during all or part of a project, from planning stages to project conclusion. D. The PM shall efficiently conduct effective workshops with community groups and have an explicit understanding of the California Public Contract Code. E. The PM will be housed in City Hall performing requisite management and administrative services on projects, and coordinate with City staff. F. Develop matrices of the active and proposed projects with schedules, budgets, and priorities. G. Perform thorough research of information relevant to each project (i.e. record drawings, field investigation, site conditions, restrictions, and CEQA status). H. Discuss and coordinate future projects with various agencies (e.g. utility companies, pipeline companies, San Bernardino County, San Bernardino Sheriffs, and Caltrans). I.Prepare and compose Requests for Proposals(RFP).Review and evaluate proposals and provide recommendations to City Engineer,Director of Public Works,and City Council. 01247.0006/656770.2 7/9/2020 A-2 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]01247.0006/656770.2 7/9/2020 18-7.9 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 01247.0006/656770.2 7/9/2020 15-reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656770.2 7/9/2020 12- G.9.b Packet Pg. 105 At t a c h m e n t : O r i g i n a l C o n t r a c t w i t h I n t e r w e s t C o n s u l t i n g G r o u p ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) J.Prepare and conduct presentations to City staff, City Council, Commissions, and the public. K. Draft construction plans using Autocad® software or such other software that the City may require. L. Compose project specifications and estimates. M. Prepare and coordinate projects for the bidding process. N. Coordinate, conduct, and attend various meetings (e.g. staff meetings, construction meetings, progress meetings, utility coordination meetings, Council meetings, and workshops). O. Meet with various City departments and solicit input for project design, schedule, and budgets. P. Manage project budgets and closely work with City's Finance Department staff Q. Review, evaluate, approve, and process payments to consultants, contractors, and various agencies. R. Review, evaluate, negotiate, and approve proposed changes by consultants and contractors. S. Perform field work such as inspections and job walks. T. Efficiently and effectively develop and manage multiple Public Works Capital Improvement Projects from planning stage through the conclusion of the project. V. Consultant must perform all on-call Services in compliance with the following requirements: A. Each task shall be indicated by a written request (Task Order) produced by the Contract Officer with a description of the work to be performed, and the time desired for completion. All tasks shall be carried out in conformity with all provisions of this Agreement. B. Consultant must prepare a written description of the requested tasks including all components and subtasks; the costs to perform the task ("Task Budget"),using the itemized fees in Exhibit C, Schedule of Compensation, whenever a requested task is provided for in Exhibit C; explain how the cost was determined; and, a schedule for completion of the task ("Task Completion Date"); which shall all collectively be referred to as the "Task Proposal". C. Contract Officer shall in writing approve, modify, or reject the Task Proposal, and may issue a Notice to Proceed. 01247.0006/656770.2 7/9/2020 A-3 Sheriffs,and Caltrans). I.Prepare and compose Requests for Proposals(RFP).Review and evaluate proposals and provide recommendations to City Engineer,Director of Public Works, and City Council.01247.0006/656770.2 7/ 9/2020 A-2 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]01247.0006/656770.2 7/9/2020 18-7.9 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 01247. 0006/656770.2 7/9/2020 15-reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656770.2 7/9/2020 12- G.9.b Packet Pg. 106 At t a c h m e n t : O r i g i n a l C o n t r a c t w i t h I n t e r w e s t C o n s u l t i n g G r o u p ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) D. The task shall be performed at a cost not to exceeding the Task Budget. E. Consultant shall complete the task and deliver all deliverables to Contract Officer by the Task Completion Date. VI. In addition to the requirements of Section 6.2 and pursuant to the Task Order's project- specific Scope of Services, the Contract Officer may require the Consultant to provide the following deliverables, as applicable: A. Project studies B. Research results C. Grant information and application D. Survey maps E. Photos F. Conceptual plans G. 50% Construction Plan Submittal H. Construction plan submittal with specifications and estimates at 75%, 90%, and 100% levels I.Permits J.Inspection Reports and field reports K. All other related items the City deems necessary for the project VII. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City. VIII. Consultant will utilize qualified personnel with the following titles to perform the Services required by the applicable Task Order. Consultant shall obtain the Contract Officer's advanced written approval when replacing any individual assigned to perform services on Task Orders: A. James R. Ross, Public Works Group Leader B. Manuel Gomez, Project Manager C. Kamran Saber, PE, QSD, Civil Engineer/CIP Project Management D. Kevin Ko, PE, QSD, Civil Engineer/Design Project Management 01247.0006/656770.2 7/9/2020 A-4etask ("Task Budget"), using the itemized fees in Exhibit C, Schedule of G.9.b Packet Pg. 107 At t a c h m e n t : O r i g i n a l C o n t r a c t w i t h I n t e r w e s t C o n s u l t i n g G r o u p ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) E. Joe Indrawan, PE, Civil Engineer/Plan Review F. Jack Istik, PE, Civil Engineer/Plan Review G. Gary Neal, PLS, Land Surveyor/Map Check H. Nicole Jules, PE, Traffic Engineer/Transportation Planning I.Andrew Yi, PE, TE, PTOE, Traffic Engineer/Transportation Planning J.Rush Smith, TE, PTP, Traffic Engineer/Transportation Planning K. Roger Peterson, SE, Structural Engineer/Plan Review L. Oliver Roan, SE, Structural Engineer/Plan Review M. Charles Collet, Construction Manager/Inspector N. John Chesworth, Construction Manager/Inspector O. Jesse Isaac, Construction Manager/Inspector 01247.0006/656770.2 7/9/2020 A-5 MM. Christopher Kelley, PE, QSD/P, Municipal Stormwater Permit Compliance Services 01247.0006/ 656677.2 7/9/2020 A-6 G.9.b Packet Pg. 108 At t a c h m e n t : O r i g i n a l C o n t r a c t w i t h I n t e r w e s t C o n s u l t i n g G r o u p ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) EXHIBIT "B" SPECIAL REQUIREMENTS Superseding Contract Boilerplate) 01247.0006/656770.2 7/9/2020 B-1 PLS, Land Surveyor/Map Check H. Nicole Jules, PE, Traffic Engineer/Transportation Planning I.Andrew Yi, PE, TE, PTOE, Traffic Engineer/Transportation Planning J.Rush Smith, TE, PTP, Traffic Engineer/Transportation Planning K. Roger Peterson, SE, Structural Engineer/Plan Review L. Oliver Roan, SE, Structural Engineer/Plan Review M. Charles Collet, Construction Manager/Inspector N. John Chesworth, Construction Manager/Inspector O. Jesse Isaac, Construction Manager/Inspector 01247.0006/656770. 2 7/9/2020 A-5 MM. Christopher Kelley, PE, QSD/P, Municipal Stormwater Permit Compliance Services 01247.0006/656677. 2 7/ 9/2020 A-6 G.9.b Packet Pg. 109 At t a c h m e n t : O r i g i n a l C o n t r a c t w i t h I n t e r w e s t C o n s u l t i n g G r o u p ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) EXHIBIT "C" SCHEDULE OF COMPENSATION This Schedule of Compensation governs Consultant's compensation in the event the Consultant performs services pursuant to a Notice to Proceed on a Task Order. This Agreement does not guarantee that Consultant will be selected to perform services on Task Orders. II. Consultant responding to the City's request for proposals on a project-specific Task Order shall establish a Task Budget for the Task Order,identifying the subtasks based on the time and rates of the personnel performing the subtasks, and itemizing all materials and equipment utilized and the costs thereof. Ifpayment is to be made other than at completion of the services, then the phases of the performance and percentage of payment due shall also be shown in the Task Proposal. Consultant's proposals on Task Orders shall be based on hourly rates identical to the rates attached as Exhibit C-1. III. The City shall retain ten percent (10%) from each payment as a contract retention to be paid as part of final payment upon satisfactory completion of services on a Task Order. IV. City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor,supplies, equipment,materials, and travel properly charged to the Services. V. The total compensation for the Services shall not exceed $50,000 for the term of this Agreement, as provided in Section 2.1 of this Agreement. VI. Consultant's billing rates for Services are attached as Exhibit C-1.To the extent any portion of Consultant's work is subject to prevailing wage requirements, then Consultant's proposal on a Task Order shall include a Task Budget with hourly rates adjusted for prevailing wage. 01247.0006/656770.2 7/9/2020 C-1 rans).I. Prepare and compose Requests for Proposals(RFP).Review and evaluate proposals and provide recommendations to City Engineer,Director of Public Works,and City Council.01247.0006/656770.2 7/9/2020 A-2 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]01247.0006/656770.2 7/9/2020 18-7.9 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 01247.0006/656770. 2 7/9/2020 15-reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247. 0006/ 656770.2 7/9/ 2020 12- G.9.b Packet Pg. 110 At t a c h m e n t : O r i g i n a l C o n t r a c t w i t h I n t e r w e s t C o n s u l t i n g G r o u p ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) EXHIBIT "C-1" CONSULTANT'S RATES Classification Hourly Billing Rate Engineering Principal In Charge 160 Project Manager 160 Traffic Engineer 160 Director of Public Works 150 Lead Engineer 150 Supervising Engineer 150 Senior Engineer 140 Engineering Associate III 125 Engineering Associate II 115 Engineering Associate I 105 Senior Engineering Technician 105 Engineering Technician III 95 Engineering Technician II 85 Engineering Technician I 75 Student Trainee 30 Grading Plans Examiner 140 Construction Management Construction Manager 145 Assistant Construction Manager 130 Supervising Public Works Observer 135 Senior Public Works Observer 125 Public Works Observer III 120 Public Works Observer II 115 Public Works Observer I 105 Overtime 140% of the above listed rates 01247.0006/656770.2 7/9/2020 C-2 payment upon satisfactory completion of services on a Task Order.IV. City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.B. Line items for all materials and equipment properly charged to the Services.C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.D. Line items for all approved subcontractor labor,supplies, equipment,materials, and travel properly charged to the Services.V. The total compensation for the Services shall not exceed $50, 000 for the term of this Agreement, as provided in Section 2.1 of this Agreement.VI. Consultant'sbillingratesforServices are attached as Exhibit C-1.To the extent G.9.b Packet Pg. 111 At t a c h m e n t : O r i g i n a l C o n t r a c t w i t h I n t e r w e s t C o n s u l t i n g G r o u p ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) EXHIBIT "D" SCHEDULE OF PERFORMANCE I.From the term of this Agreement, Consultant shall provide Services on an on-call basis as set forth in Exhibit A. II. If the City selects the Consultant's proposal to perform a project-specific Task Order, the Task Order's Scope of Work/Services or the Notice to Proceed, or both, shall provide the detailed schedule of performance. III. The Contract Officer may approve extensions for performance of the Services in accordance with Section 3.2. 01247.0006/656770.2 7/9/2020 D-1 John Chesworth, Construction Manager/Inspector O. Jesse Isaac, Construction Manager/Inspector 01247. 0006/656770.2 7/9/2020 A- 5 MM. Christopher Kelley, PE, QSD/P, Municipal Stormwater Permit Compliance Services 01247.0006/656677.2 7/9/2020 A-6 G.9.b Packet Pg. 112 At t a c h m e n t : O r i g i n a l C o n t r a c t w i t h I n t e r w e s t C o n s u l t i n g G r o u p ( I n t e r w e s t O n - C a l l E n g i n e e r i n g A m e n d m e n t ) CITY OF GRAND TERRACE CITY COUNCIL MINUTES ● JULY 27, 2021 Council Chamber Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace ATTACHMENTS TO July 27, 2021 City Council Minutes PowerPoint Presentations Grand T-1 Traffic Management 7/27/2021 Interim City Manager Employment Agreement Adrian R. Guerra, Esq. Aleshire & Wynder, LLP June 27, 2021Page 2 BACKROUND: This Interim City Manager agreement is for Mr. G. Michael Milhiser. •On June 22, 2021, City Manager G. Harold Duffey announced his resignation. His resignation became effective July 20, 2021. •On July 13, 2021, this Council selected an executive search firm, Ralph Anderson & Associates, to conduct an open recruitment to permanently fill the City Manager position. •Until the permanent City Manager position is filled, the City will require the services of an Interim City Manager. June 27, 2021Page 3 G. Michael Milhiser: Mr. Milhiser brings a breadth of professional experience to the City of Grand Terrace through his service in the public and private sectors. •Education: •M.A. in Government, Claremont Graduate University. •B.A. in Political Science, Chapman University. •Professional Experience: •He brings nearly thirty (30) years of experience serving as the City Administrator/City Manager for the cities of Montclair, Upland and Ontario during the period of 1978 through 2005. •He recently served as Interim City Manager for two local cities -Adelanto and Fontana. •In the private sector, Mr. Milhiser served ten (10) years as Chief Administrative Officer (CAO) for the Morongo Band of Mission Indians, and as Interim Executive Director for the Tri-City Mental Health Agency in Pomona. •Community Service: •Mr. Milhiser also brings extensive community service experience as a current Board Member for the Monte Vista Water District, and as a former Board Member for the White Foundation, and the YMCA Metro. Additionally, he has served as past president of the Montclair Kiwanis Club, and West End United Way. June 27, 2021Page 4 Interim City Manager Agreement Terms •Term of Employment:If approved,the agreement becomes effective on,July 28,2021 with an automatic termination date of June 30,2022. •The agreement will be terminated earlier upon this Council’sappointmentofapermanentreplacementfortheCityManagerPosition. •Compensation:If approved,the compensation shall be $17,916.67 permonth. •This is the same salary as the prior City Manager. •The Interim City Manager will not be eligible to receive any benefitsotherthanthemonthlysalaryoutlinedwithintheagreement. June 27, 2021Page 5 QUESTIONS? Committee for Consideration of Naming T-Ball Field at Veteran’s Freedom Park July 27, 2021 2030 VISION STATEMENT This staff report supports Goal #4 to develop and implement successful partnerships; work 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. On July 28, 2015, City Council approved Resolution No. 2015-30 establishing policies and procedures for the naming of City-owned land, buildings and facilities. The procedure calls for the Mayor to send any request for the naming or renaming of City-owned land, buildings and facilities to the appropriate City Council subcommittee or establish a special Council subcommittee called Facility Naming Committee. •City staff received a request on June 22, 2021, from resident Cheri Freund to officially name Veteran’s freedom Park’s T-Ball field after local resident, Kyle Robert Garcia Bacon who grew up in the community but sadly lost his battle with cancer several years ago. •Because this is a renaming request, staff conducted due diligence reviewing City records to ensure that the renaming would not jeopardize previous funding restrictions of which none were found. •Additionally, staff would normally review renaming request to review original name’s historical or emotional significance to the community before the request is forwarded to the Mayor along with the request for the name change. •Lastly, staff was unable to locate any City records officially naming the t-ball field. RECOMMENDATION: •It is staff’s recommendation to forward the request to the appropriate Council Committee or appointment of a Council Subcommittee to be called Facility Naming Committee and officially name the t-ball field, located at Veteran’s Freedom Park, “Kyle’s Field”. QUESTIONS? City Manager’s Update 7/27/2021