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09/14/2021CITY OF GRAND TERRACE CITY COUNCIL AND CITY COUNCIL AS THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY AGENDA ● SEPTEMBER 14, 2021 Council Chambers Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 PUBLIC ADVISORY: THE COUNCIL CHAMBER IS NOW OPEN TO THE PUBLIC!! Beginning June 15, 2020, the City of Grand Terrace will reopen its public meetings. Therefore, the regular meeting of the City Council for September 14, 2021, is now open to the public. Please be advised that face masks are required, social distancing will be practiced, and occupancy limits will be enforced. Please note that Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on March 17, 2020, the regular meeting of the City Council for September 14, 2021, will also be conducted telephonically through Zoom and broadcast live on the City’s website. COMMENTS FROM THE PUBLIC The public is encouraged to address the City Council on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council, you are invited to provide your name to the City Clerk who will be compiling a list of speakers. Speakers will be called upon by the Mayor at the appropriate time and each person is allowed three (3) minutes speaking time. If you would like to participate telephonically and speak on an agenda item, you can access the meeting by dialing the following telephone number and you will be placed in the waiting room, muted until it is your turn to speak: *67 1-669-900-9128 Enter Meeting ID: 864 2336 6965 Password: 638094 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 September 14, 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 Darcy McNaboe    Mayor Pro Tem Bill Hussey    Council Member Sylvia Robles    Council Member Doug Wilson    Council Member Jeff Allen    A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA (The Prop. 218 Hearing originally scheduled for the Regular Meeting of the City Council on Tuesday, September 14, 2021, has been removed. The Prop. 218 Hearing will be re-noticed and considered at a future City Council meeting.) B. SPECIAL PRESENTATIONS - NONE 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 – 08/24/2021 DEPARTMENT: CITY CLERK Agenda Grand Terrace City Council and Successor Agency September 14, 2021 City of Grand Terrace Page 3 3. Updates Regarding Meeting Minutes for the Planning Commission, Parks & Recreation Advisory Committee, and Historical & Cultural Activities Committee RECOMMENDATION: Receive and file. DEPARTMENT: CITY CLERK 4. Adoption of a Resolution Officially Naming the T-Ball Field at Veteran's Freedom Park "Kyle's Field" RECOMMENDATION: Adopt a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, OFFICIALLY NAMING THE T-BALL FIELD AT VETERAN’S FREEDOM PARK “KYLE’S FIELD” DEPARTMENT: CITY CLERK 5. Adopt a Resolution Recognizing October 6, 2021, as California Clean Air Day, a Coalition for Clean Air Project RECOMMENDATION: Consider adopting A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DECLARING ITS SUPPORT FOR CALIFORNIA CLEAN AIR DAY, A COALITION FOR CLEAN AIR PROJECT DEPARTMENT: CITY CLERK 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 Agenda Grand Terrace City Council and Successor Agency September 14, 2021 City of Grand Terrace Page 4 6. Amended and Restated Agreement with Onsite Computing, Inc. for Information Systems Support RECOMMENDATION: Approve the Attached Amended and Restated Agreement for Contract Services with Onsite Computing, Inc. for Information Systems Support to include Additional Services to Support iPad Security Management, Advanced Email Filtering for Viruses and Phishing and Security Awareness Training and Testing with Dark Web Monitoring and Alerting DEPARTMENT: CITY CLERK 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 (CITY COUNCIL & CITY COUNCIL AS THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY) 1. CONFERENCE WITH LEGAL COUNSEL - Initiation of Litigation Pursuant to Section 54956.9(c) Number of Cases: Two RECONVENE TO OPEN SESSION REPORT OUT OF CLOSED SESSION L. ADJOURN CITY OF GRAND TERRACE CITY COUNCIL MINUTES ● AUGUST 24, 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 Pro Tem Bill Hussey convened the Regular Meeting of the City Council for Tuesday, August 24, 2021, at 6:00 p.m. and announced that the City Council meeting will be closed in memory of Grand Terrace residents Leo Doyle and Al Aldaco. INVOCATION The Invocation was given by Pastor Josue Zapata of Centerpoint Church. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Grand Terrace resident, Don Larkin. Attendee Name Title Status Arrived Darcy McNaboe Mayor Absent Bill Hussey Mayor Pro Tem Present Sylvia Robles Council Member Present Doug Wilson Council Member Absent Jeff Allen Council Member Present G. Michael Milhiser Interim City Manager Present Adrian Guerra City Attorney Present Debra Thomas City Clerk Present Steven Weiss Planning & Development Services Director Present Eric Weck Public Works Director/Senior Engineer Present Terry Shea Interim Finance Director Remote A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA Michael Milhiser, Interim City Manager removed the following closed session item from the agenda: K.1 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Case Name: Sunny Days, LLC v. City of Grand Terrace Case No.: CIV SB 2107692 Mayor Pro Tem Hussey moved Agenda Item No. I.8 Facility Naming Ad Hoc Committee C.2 Packet Pg. 5 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 A u g 2 4 , 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 August 24, 2021 City of Grand Terrace Page 2 Report to be heard before Agenda Item No. B. Special Presentations. Facility Naming Ad Hoc Committee Report 8. Approval of Minutes – Public Input – 08/16/2021 Mayor Pro Tem Hussey moved, with a second from Council Member Jeff Allen to recommend officially naming the t-ball field located at Veteran’s Freedom Park after former Grand Terrace resident, Kyle Bacon “Kyle’s Field”. RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Council Member SECONDER: Sylvia Robles, Council Member AYES: Bill Hussey, Sylvia Robles, Jeff Allen ABSENT: Darcy McNaboe, Doug Wilson B. SPECIAL PRESENTATIONS Girl Scout Troop 76 – Mobile Book Cart & Donation Drive Recognition The following Girl Scouts were recognized with a Certificate of Recognition and City Pin: Olive Canela Ava Firnkoess Jillian Mendoza Kamaraee Navarro Autumn Perez Zoe Raykowski Victoria Villafuerte Sophia Wright Joseph McClelland, Boy Scout Troop 40 – U.S. Flag Disposal Box Recognition Mr. McClelland was recognized with a Certificate of Recognition and City Pin. C. CONSENT CALENDAR RESULT: APPROVED [UNANIMOUS] MOVER: Sylvia Robles, Council Member SECONDER: Jeff Allen, Council Member AYES: Bill Hussey, Sylvia Robles, Jeff Allen ABSENT: Darcy McNaboe, Doug Wilson 1. Waive Full Reading of Ordinances on Agenda 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 A u g 2 4 , 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 August 24, 2021 City of Grand Terrace Page 3 2. Approval of Minutes – Regular Meeting – 08/10/2021 APPROVE THE REGULAR MEETING MINUTES OF AUGUST 10, 2021 3. City Department Monthly Activity Report - June 2021 RECEIVE AND FILE. 4. Approval of the July-2021 Check Register in the Amount of $963,885.45 APPROVE THE CHECK REGISTER NO. 07312021 IN THE AMOUNT OF $963,885.45 AS SUBMITTED, FOR THE PERIOD ENDING JULY 31, 2021. 5. Selection of Voting Delegates for Cal Cities 2021 Annual Conference & Expo ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, APPOINTING DELEGATES AND ALTERNATES TO THE 2021 CAL CITIES ANNUAL CONFERENCE & EXPO AS OFFICIAL REPRESENTATIVES OF THE CITY OF GRAND TERRACE D. PUBLIC COMMENT - NONE E. PUBLIC HEARINGS - NONE F. UNFINISHED BUSINESS - NONE G. NEW BUSINESS 6. Update to Vehicles Miles Traveled (VMT) Traffic Impact Analysis Guidelines Steve Weiss, Planning & Development Services Director gave the PowerPoint presentation for this item. RECEIVE AND FILE - UPDATE VEHICLES MILES TRAVELED (VMT) TRAFFIC IMPACT ANALYSIS GUIDELINES RESULT: APPROVED [UNANIMOUS] MOVER: Sylvia Robles, Council Member SECONDER: Jeff Allen, Council Member AYES: Bill Hussey, Sylvia Robles, Jeff Allen ABSENT: Darcy McNaboe, Doug Wilson 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 A u g 2 4 , 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 August 24, 2021 City of Grand Terrace Page 4 7. Consideration of the Tentative Agreement and Memorandum of Understanding Between the City of Grand Terrace and Teamsters Local 1932, for the Period of July 1, 2021, through June 30, 2024, and Related Budget Appropriation of $13,596 from the General Fund Noel Carpenter, Senior Management Analyst gave the PowerPoint presentation for this item. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA ACCEPTING AND ADOPTING A TENTATIVE AGREEMENT AND ACCEPTING AND APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF GRAND TERRACE AND TEAMSTERS LOCAL 1932, FOR THE PERIOD OF JULY 1, 2021, THROUGH JUNE 30, 2024, AND APPROVING A RELATED BUDGET APPROPRIATION OF $13,596 FROM THE GENERAL FUND RESULT: APPROVED [UNANIMOUS] MOVER: Sylvia Robles, Council Member SECONDER: Jeff Allen, Council Member AYES: Bill Hussey, Sylvia Robles, Jeff Allen ABSENT: Darcy McNaboe, Doug Wilson H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL Street Sign and Traffic Sign Replacement Programs Requested by: Mayor Pro Tem Bill Hussey Would like this item to come back to the City Council to hold discussion on replacing the City’s street and traffic signs in the City. I. CITY COUNCIL COMMUNICATIONS Council Member Jeff Allen Nothing to Report. Council Member Sylvia Robles Nothing to Report Mayor Pro Tem Bill Hussey Nothing to Report 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 A u g 2 4 , 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 August 24, 2021 City of Grand Terrace Page 5 J. CITY MANAGER COMMUNICATIONS Interim City Manager Milhiser attended a virtual meeting last week with Leonard Hernandez of the County Administrative Office of San Bernardino County, along with Chief Munsey and other City Managers. The meeting was to partner with other agencies to come up with a new program that will help improve AMR’s response time. K. RECESS TO CLOSED SESSION Mayor Pro Tem Hussey recessed the regular meeting of the City Council to Closed Session at 7:05 p.m. CLOSED SESSION 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS, pursuant to Government Code Section 54956.8 Property: 22582 City Center Court (APN: 0277-161-30) City negotiator: Michael Milhiser, Interim City Manager Adrian Guerra, City Attorney Negotiating parties: San Bernardino County Fire Department Under negotiation: Price and terms of payment RECONVENE TO OPEN SESSION Mayor Pro Tem Hussey reconvened the regular meeting of the City Council at 7:18 p.m. REPORT OUT OF CLOSED SESSION Mayor Pro Tem Hussey announced there was not reportable action however direction was provided to staff. L. ADJOURN Mayor Pro Tem Bill Hussey adjourned the Regular Meeting of the City Council for Tuesday, August 24, 2021, in memory of Grand Terrace residents Leo Doyle and Al Aldaco at 7:20 p.m. The Next Regular Meeting of the City Council is Tuesday, September 14, 2021, at 6:00 pm. _________________________________ 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 A u g 2 4 , 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: September 14, 2021 Council Item TITLE: Updates Regarding Meeting Minutes for the Planning Commission, Parks & Recreation Advisory Committee, and Historical & Cultural Activities Committee 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 – No scheduled meeting to report. Parks & Recreation Advisory Committee – The July 15, 2021, and August 12, 2021, meeting minutes will be brought to City Council on October 12, 2021. Historical & Cultural Activities Committee - Nothing to Report. The August 30, 2021, Special Meeting was cancelled due to lack of a quorum. FISCAL IMPACT: None. APPROVALS: Debra Thomas Completed 08/31/2021 2:29 PM City Attorney Completed 09/07/2021 3:38 PM C.3 Packet Pg. 10 Finance Completed 09/09/2021 2:49 PM City Manager Completed 09/09/2021 3:07 PM City Council Pending 09/14/2021 6:00 PM C.3 Packet Pg. 11 AGENDA REPORT MEETING DATE: September 14, 2021 Council Item TITLE: Adoption of a Resolution Officially Naming the T-Ball Field at Veteran's Freedom Park "Kyle's Field" PRESENTED BY: Debra Thomas, City Clerk RECOMMENDATION: Adopt a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, OFFICIALLY NAMING THE T-BALL FIELD AT VETERAN’S FREEDOM PARK “KYLE’S FIELD” 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. BACKGROUND: City staff received a request on June 22, 2021, from resident Cheri Freund to officially name Veteran’s Freedom Park’s T-Ball field (Attachment 1). Because this was a renaming request, staff needed to conduct due diligence and review City records to ensure that the renaming would not jeopardize previous funding restrictions. In addition, staff would normally review a renaming request to review the 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. The City Clerk reviewed all records associated with the t-ball field and was unable to discover any significant reason why not to officially name the t-ball field. Resident Cheri Freund indicated in her email that the objective for the official naming of the t-ball field would honor local resident Kyle Robert Garcia Bacon who grew up in the community but sadly lost his battle with brain cancer several years ago. The process calls for the Mayor to send the official request to the appropriate Council committee or establish a Council Facility Naming Subcommittee. The committee is required to hold a public meeting 30 days after the request has been submitted to the Mayor and no later than 3 meetings from the original assignment date. DISCUSSION: On August 16, 2021, the Facility Naming Ad Hoc Committee held a meeting to discuss officially naming the t-ball field at Veteran’s Freedom Park “Kyle’s Field” and allowed for C.4 Packet Pg. 12 public input. Kyle Bacon’s father, Allan Bacon, was in attendance supporting the official naming of the t-ball field and expressed he and his family’s appreciation. After discussion, Council Member Allen moved with a second from mayor Pro Tem Hussey to take to the City Council at its regularly scheduled meeting of Tuesday, August 24, 2021, the recommendation to officially name the t-ball field located at Veteran’s Freedom Park, “Kyle’s Field”. At its August 24, 2021, Regular Meeting, the Facility Naming Ad Hoc Committee gave its report (Attachment 2) to the City Council and recommended that the t-ball field at Veteran’s Freedom Park be officially named “Kyle’s Field, which was approved unanimously by the City Council. Therefore, it is recommended that the City Council ratify, formally by resolution, the City Council’s desire to officially name the t-ball field at Veteran’s Freedom Park and direct the City Manager and/or his designee to officially name the t-ball field at Veteran’s Freedom Park “Kyle’s Field”. FISCAL IMPACT: None. ATTACHMENTS: • Attachment 1 - Resident Request (PDF) • Attachment 2 - Facility Naming Ad Hoc Committee Minutes - 08-16-2021 (PDF) • 2021-xx - Ratify Naming of Veteran's Freedom Park T-Ball Field - Kyle's Field (DOCX) APPROVALS: Debra Thomas Completed 08/31/2021 4:27 PM City Attorney Completed 09/07/2021 4:20 PM Finance Completed 09/09/2021 2:50 PM City Manager Completed 09/09/2021 3:07 PM City Council Pending 09/14/2021 6:00 PM C.4 Packet Pg. 13 1 Debra Thomas From:Cheri Freund Sent:Tuesday, June 22, 2021 9:42 AM To:Debra Thomas Subject:Naming of T-Ball field at Veterans Freedom Park To whom it may concern: Several years ago Grand Terrace LL created a T‐Ball field and dedicated to a local resident Kyle Robert Garcia Bacon. He was a young man who grew up in our community who sadly lost his battle with brain cancer. I would like to request that field be officially named in his honor. This request has the blessing of his family as well. Please let me know if you need any additional information. Sincerely, Cheri Freund Grand Terrace Resident Former GTLL Board Member Sent from Yahoo Mail for iPhone C.4.a Packet Pg. 14 At t a c h m e n t : A t t a c h m e n t 1 - R e s i d e n t R e q u e s t ( R e s o l u t i o n O f f i c i a l l y N a m i n g T - B a l l F i e l d a t V e t e r a n s F r e e d o m P a r k - K y l e ' s F i e l d ) CITY OF GRAND TERRACE FACILITY NAMING AD HOC COMMITTEE MINUTES ● AUGUST 16, 2021 Council Chambers Public Input Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 I. CALL TO ORDER Mayor Pro Tem Bill Hussey convened the meeting of the Facility Naming Ad Hoc Committee for Monday, August 16, 2021, at 6:10 p.m. II. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tem Bill Hussey. III. CITY FACILITY NAMING POLICY AND HISTORY OF COMMITTEE Debra Thomas, City Clerk provided a brief summary of this item. IV. COMMITTEE MEMBER COMMENTS Mayor Pro Tem Hussey asked Allan Bacon to say a few words. Council Member Allen was prepared to hear comments from Allan Bacon. V. PUBLIC INPUT Allan Bacon, father of Kyle Bacon, moved his family to Grand Terrace in 1996. He and his family were welcomed by the Grand Terrace Community with open arms. His son, Kyle Bacon, was diagnosed with brain cancer in 2003 and lost his battle in 2007. The community, Grand Terrace Little League and Grand Terrace Soccer league rallied around his son and family providing them much appreciated support during that time. Afterward, the leagues retired Kyle’s number. Mr. Bacon is very honored and appreciates that the City wants to make the naming of Kyle’s Field official. Mayor Pro Tem Hussey suggested that the Committee make a recommendation to the City Council that all baseball fields at Veteran’s Freedom Park be named after Kyle. Mr. Bacon explained how honored he would be, however, just to see the t-ball field officially named is enough. He would like to see others have the opportunity to have something named after their loved ones. C.4.b Packet Pg. 15 At t a c h m e n t : A t t a c h m e n t 2 - F a c i l i t y N a m i n g A d H o c C o m m i t t e e M i n u t e s - 0 8 - 1 6 - 2 0 2 1 ( R e s o l u t i o n O f f i c i a l l y N a m i n g T - B a l l F i e l d a t V e t e r a n s Minutes Facility Naming Ad Hoc Committee August 16, 2021 City of Grand Terrace Page 2 Council Member Allen stated that naming facilities is a great way to honor the youth in the community. Council Member Allen moved with a second from Mayor Pro Tem Hussey to take to the City Council at its regularly scheduled meeting of Tuesday, August 24, 2021, the following recommendation: • Officially name the t-ball field located at Veteran’s Freedom Park, “Kyle’s Field”. VI. ADJOURN Chairman Bill Hussey adjourned the meeting at 6:20 p.m. _________________________________ Bill Hussey, Chairman of the Facility Naming Ad Hoc Committee _________________________________ Debra L. Thomas, Secretary of the Facility Naming Ad Hoc Committee C.4.b Packet Pg. 16 At t a c h m e n t : A t t a c h m e n t 2 - F a c i l i t y N a m i n g A d H o c C o m m i t t e e M i n u t e s - 0 8 - 1 6 - 2 0 2 1 ( R e s o l u t i o n O f f i c i a l l y N a m i n g T - B a l l F i e l d a t V e t e r a n s RESOLUTION NO. 2021-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, OFFICIALLY NAMING THE T-BALL FIELD AT VETERAN’S FREEDOM PARK “KYLE’S FIELD” WHEREAS, on June 22, 2021, resident Cheri Freund submitted a request to officially name the t-ball field at Veteran’s Freedom Park after local resident Kyle Robert Garcia Bacon; and WHEREAS, the objective for the official naming of the t-ball field would honor local resident Kyle Bacon who grew up in the Grand Terrace community and was a long time participant in the Grand Terrace Community Soccer Club and Grand Terrace Little League; and WHEREAS, Kyle was diagnosed with brain cancer in 2003 and lost his battle on January 16, 2007. The community of Grand Terrace, Grand Terrace Little League and Grand Terrace Soccer League rallied around Kyle and his family providing them much appreciated support; and WHEREAS, the City Council was presented with the request to name the t-ball field after Kyle Bacon at its July 27, 2021, Regular Meeting and the City Council established a Facility Naming Ad Hoc Committee; and WHEREAS, the Facility Naming Ad Hoc Committee consisted of Mayor Pro Tem Bill Hussey and Council Member Jeff Allen, and Council directed the Committee to hold a public meeting within 30 days after the request had been submitted to Council; and WHEREAS, the Facility Naming Ad Hoc Committee held its meeting on August 16, 2021, to discuss officially naming the t-ball field at Veteran’s Freedom Park “Kyle’s Field” and allowed for public input. Kyle Bacon’s father was in attendance supporting the official naming of the t-ball and expressed he and his family’s appreciation; and WHEREAS, at the City Council’s Regular Meeting of August 24, 2021, the Facility Naming Ad Hoc Committee gave its report and recommended that the t-ball field at Veteran’s Freedom Park be officially named “Kyle’s Field”, which was approved unanimously by the City Council; and WHEREAS, this Resolution is being brought before the City Council to ratify by resolution the City Council’s desire to officially name the t-ball field at Veteran’s Freedom Park and direct the City Manager and/or his designee to officially name the t-ball field at Veteran’s Freedom Park “Kyle’s Field”. C.4.c Packet Pg. 17 At t a c h m e n t : 2 0 2 1 - x x - R a t i f y N a m i n g o f V e t e r a n ' s F r e e d o m P a r k T - B a l l F i e l d - K y l e ' s F i e l d [ R e v i s i o n 1 ] ( R e s o l u t i o n O f f i c i a l l y N a m i n g T - B a l l F i e l d NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace that: 1. The t-ball field at Veteran’s Freedom Park is hereby named, and shall hereafter be known as, “Kyle’s Field”. 2. The City Manager or his designee is hereby authorized and directed to take all such actions as necessary to effectuate the naming of Kyle’s Field. 3. The City Manager or his designee is directed to collaborate with Grand Terrace Little League in determining appropriate language for a new plaque and its physical placement, in order to officially honor this young man. 4. 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 a regular meeting held on the 14th day of September 2021. ________________________________ Darcy McNaboe, Mayor ATTEST: _________________________ Debra L. Thomas City Clerk APPROVED AS TO FORM: _________________________ Adrian R. Guerra City Attorney C.4.c Packet Pg. 18 At t a c h m e n t : 2 0 2 1 - x x - R a t i f y N a m i n g o f V e t e r a n ' s F r e e d o m P a r k T - B a l l F i e l d - K y l e ' s F i e l d [ R e v i s i o n 1 ] ( R e s o l u t i o n O f f i c i a l l y N a m i n g T - B a l l F i e l d AGENDA REPORT MEETING DATE: September 14, 2021 Council Item TITLE: Adopt a Resolution Recognizing October 6, 2021, as California Clean Air Day, a Coalition for Clean Air Project PRESENTED BY: Debra Thomas, City Clerk RECOMMENDATION: Consider adopting A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DECLARING ITS SUPPORT FOR CALIFORNIA CLEAN AIR DAY, A COALITION FOR CLEAN AIR PROJECT 2030 VISION STATEMENT: This staff report supports Our Mission to Preserve and Protect our Community and its Exceptional Quality of Life Through Thoughtful Planning, Within the Constraints of Fiscally Responsible Government. BACKGROUND: Clean air is imperative for public health. Clean Air Day is an initiative developed by the Coalition for Clean Air to draw attention to the importance of clean air and share ways that everyone can be part of the solution. California Clean Air Day is on October 6, 2021. The goal of this day is to raise awareness about sources of air pollution, educate people how to reduce their contributions to air pollution, and start conversations about improving air quality across California. One of the ways that governmental entities can support Clean Air Day is by adopting a resolution to proclaim October 6, 2021, as Clean Air Day and encourage residents, businesses, employees, community members, and other governmental entities to take the Clean Air Pledge as participation in this year’s Clean Air Day. The idea is that by working together and taking the pledge to reduce air pollution, we can clear the air leading up to and on this year’s California Clean Air Day. DISCUSSION: Founded in 1971, the Coalition for Clean Air is a statewide organization that advocates for healthy air. Clean Air Day, created and led by the Coalition for Clean Air, was launched to address misconceptions that California has addressed its air quality issues and reinforce the message that individuals, organizations, businesses, governments, and communities across the state can take simple and immediate steps to improve air quality. The idea with Clean Air Day is that everyone can take steps to achieve cleaner air. As Dr. Joseph K. Lyou, President and CEO of the Coalition for Clean Air, said: “Everyone has a right to breathe clean air. By raising awareness and actively working to C.5 Packet Pg. 19 reduce air pollution, every Californian can help ensure that every breath you take is a breath of clean air.” Many cities in California rank among those as having the worst air quality in America. Seven of the 10 most polluted cities in the United States are in California. Southern Californians went 85 straight days in 2019 without a single day of good air quality. Los Angeles remains the city with the worst ozone pollution in the nation, Bakersfield is the most polluted city in the nation for year-round particle pollution, and the Fresno- Madera- Hanford area ranks as the metropolitan area with the worst short-term particle pollution, according to data from the American Lung Association. Climate change is manifesting in the hottest years in history, increasing high ozone days and contributing to devastating wildfires. And then there is the larger reversal and rollbacks of clean air efforts under the Trump administration which issued Executive Orders directing national agencies to ignore federal regulations and environmental laws if they burdened the economy. Despite these challenges, we can all do our part to improve air quality. Scientists, government agencies, businesses, ports, and many others have all committed to participate in this year’s Clean Air Day and do their part on behalf of air quality, including the California Energy Commission, the California State Controller, the Office of Senator Dianne Feinstein, and the Port of Long Beach. To date, 233 organizations have pledged to participate in Clean Air Day. The California State Lands Commission can do its part by joining this effort. Partnerships, a cornerstone of Clean Air Day, are among the most potent tools to affect change. Clean Air Day is a tool to generate enthusiasm and motivate people to help improve air quality. If everyone pitches in, California will have cleaner air. The Commission’s vision is to be a recognized leader that champions environmentally sustainable public land management and balanced resource protection for the benefit and enjoyment of current and future generations. Through its Environmental Justice Policy, the Commission is also committed to addressing disproportionate impacts on low-income communities and communities of color—recognizing that harmful air quality significantly impacts, and burdens marginalized and disadvantaged communities. According to the Centers for Disease Control and Prevention, nationwide, 7.4 percent of adults and 8.6 percent of children have been diagnosed with asthma. In California, the numbers are significantly higher: 13.1 percent of adults and 12.5 percent of children have been diagnosed with asthma. Lower income and minority groups are disproportionately affected by asthma due to their increased exposure to air pollution. Right now, the public health disparities due to poor air quality in low-income communities are further exacerbated by COVID-19. For these reasons, it is important that the Commission recognize Clean Air Day, engage in conversations addressing poor air quality, and encourage its staff and others to take the pledge and be part of the solution. Given the pandemic, the activities to facilitate clean air are different this year. The C.5 Packet Pg. 20 Commission can encourage employee engagement by announcing its participation in Clean Air Day through its newsletter and intranet site, by adopting the attached resolution, and by promoting California Clean Air Day on social media and among its sister state agencies. FISCAL IMPACT: None. ATTACHMENTS: • 2021-xx - California-Clean-Air-Day (DOCX) APPROVALS: Debra Thomas Completed 09/08/2021 1:32 PM City Attorney Completed 09/09/2021 12:50 PM Finance Completed 09/09/2021 2:50 PM City Manager Completed 09/09/2021 3:08 PM City Council Pending 09/14/2021 6:00 PM C.5 Packet Pg. 21 RESOLUTION NO. 2021-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DECLARING ITS SUPPORT FOR CALIFORNIA CLEAN AIR DAY, A COALITION FOR CLEAN AIR PROJECT WHEREAS, air pollution contributes to higher rates of cancer and heart and lung diseases, which adversely affect health; and WHEREAS, the State of California has some of the worst air quality in the United States; and WHEREAS, it is vital that we protect the health and well-being of our residents, visitors, and workforce; and WHEREAS, emissions from vehicles, industry, and even household sources significantly affects the natural environment, air quality and well-being of Grand Terrace residents; and WHEREAS, individual actions such as not idling vehicles, walking, or biking to work and school, carpooling, and conserving energy can directly improve air quality in our region; and WHEREAS, county and city employees, vendors and elected officials have tremendous power to help lower emissions; and WHEREAS, pledges by individuals have shown to result in action; and WHEREAS, education about air quality can raise community awareness, encourage our community to develop better habits, and improve our community health; and WHEREAS, Californians will be joining together across the state to clear the air on October 6, 2021; and WHEREAS, the City of Grand Terrace is committed to the health of our residents, workforce, visitors, and community at large. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Grand Terrace that October 6, 2021, be declared “Clean Air Day” in the City; and BE IT FURTHER RESOLVED, that our departments ask their employees to take the clean air pledge for California Clean Air Day; and C.5.a Packet Pg. 22 At t a c h m e n t : 2 0 2 1 - x x - C a l i f o r n i a - C l e a n - A i r - D a y ( R e s o l u t i o n S u p p o r t i n g C l e a n A i r D a y ) BE IT FURTHER RESOLVED, that we encourage all residents, businesses, employees, and community members to participate in Clean Air Day and help clear the air for all Californians. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace, California, at a regular meeting held on the 14th day of September 2021. ________________________________ Darcy McNaboe, Mayor ATTEST: _________________________ Debra L. Thomas City Clerk APPROVED AS TO FORM: _________________________ Adrian R. Guerra City Attorney C.5.a Packet Pg. 23 At t a c h m e n t : 2 0 2 1 - x x - C a l i f o r n i a - C l e a n - A i r - D a y ( R e s o l u t i o n S u p p o r t i n g C l e a n A i r D a y ) AGENDA REPORT MEETING DATE: September 14, 2021 Council Item TITLE: Amended and Restated Agreement with Onsite Computing, Inc. for Information Systems Support PRESENTED BY: Debra Thomas, City Clerk RECOMMENDATION: Approve the Attached Amended and Restated Agreement for Contract Services with Onsite Computing, Inc. for Information Systems Support to include Additional Services to Support iPad Security Management, Advanced Email Filtering for Viruses and Phishing and Security Awareness Training and Testing with Dark Web Monitoring and Alerting 2030 VISION STATEMENT: This staff report supports Goal #4 – Develop and Implement Successful Partnerships by working collaboratively with other Public Sector agencies to facilitate the delivery of services benefitting youth, seniors, and our community. BACKGROUND/DISCUSSION: Onsite Computing, Inc. has provided Information Technology (IT) Systems services to Grand Terrace for the last several years. The services provided by Onsite Computing, Inc. include: 1. Coordination, performance and provision of hardware and software installation and general information systems support; 2. Provided evaluation, maintenance and troubleshooting of City personal computers, printers, scanners, and telephone system; implemented corrective solutions when necessary; 3. Administered and coordinated user access and control in the City’s databases; 4. Provided orientation for new users, provided technical support to existing users on the correct operation of personal computers, network communications devices and telephones; 5. Installed new or relocated existing PC hardware and software as requested by Grand Terrace; G.6 Packet Pg. 24 6. Performed preventative maintenance on the City's personal computers, network communications devices and telephone system; and 7. Continuously evaluated and recommended web technologies to enhance current information technologies. DISCUSSION: The partnership with Onsite Computing, Inc. (Onsite) since 2017 has been efficient and productive, as well as providing fast, reliable, and affordable IT Services. Additionally, Onsite makes sure that our systems are secure and up-to-date on a daily basis to prevent industry sabotage and espionage. The City’s Professional IT Service Plan was $5,670 per month (Attachment I). However, Onsite dropped the services of City Council meeting support at two (2) times a month which reduced the contract in the amount of $236 per month for a new monthly rate of $5,434 per month. Due to the COVID-19 pandemic and the social distancing requirements that were put in place by the State of California, the City used Coronavirus Relief Funds in December of 2020 to purchase twenty (20) iPads for the City’s Senior Center. This allowed the senior community of Grand Terrace to be able to socially distance and participate in various activities hosted by the Senior Center remotely while providing an outlet to socialize safely within the community. This technology would require additional support from Onsite During the first few months of 2021, it was determined that additional services needed to be implemented to assist with the increased volume of emails being received by the City Council and City staff that exposed the City’s network to viruses and phishing emails. The three (3) additional monthly Flat Rate Services outlined above are as follows: • iPad Security Management & Remote Support Software • Advanced Email Filtering for Viruses and Phishing • Security Awareness Training and Testing with Dark Web Monitoring and Alerting These three (3) added services have increased the City’s IT Services contract by an additional $930.00 per month for a total of $6,364.00 (Attachment II). The City has a great working relationship with Onsite Computing, Inc. They have been very attentive to the needs of the City and provide excellent quality service. It is the recommendation of staff that the City Council approve the attached Amended and G.6 Packet Pg. 25 Restated Agreement for Contract Services with Onsite Computing, Inc. for Information Systems Support to include the additional services outlined above. FISCAL IMPACT: With the increased IT Services, the fiscal impact to the General Fund is $930 per month for a total of $11,160 per year. ATTACHMENTS: • Attachment I - Original Onsite Computing, Inc. Managed IT Services Contract (PDF) • Attachment II - AMENDED AND RESTATED Contract Services Agreement-Onsite (DOCX) APPROVALS: Debra Thomas Completed 09/07/2021 2:41 PM City Attorney Completed 09/08/2021 11:57 AM Finance Completed 09/09/2021 2:48 PM City Manager Completed 09/09/2021 3:04 PM City Council Pending 09/14/2021 6:00 PM G.6 Packet Pg. 26 2017-60 G.6.a Packet Pg. 27 At t a c h m e n t : A t t a c h m e n t I - O r i g i n a l O n s i t e C o m p u t i n g , I n c . M a n a g e d I T S e r v i c e s C o n t r a c t ( A m e n d e d a n d R e s t a t e d A g r e e m e n t w i t h O n s i t e G.6.a Packet Pg. 28 At t a c h m e n t : A t t a c h m e n t I - O r i g i n a l O n s i t e C o m p u t i n g , I n c . M a n a g e d I T S e r v i c e s C o n t r a c t ( A m e n d e d a n d R e s t a t e d A g r e e m e n t w i t h O n s i t e 01247.0001/707152.3 9/1/2021 AMENDED AND RESTATED AGREEMENT FOR CONTRACT SERVICES By and Between CITY OF GRAND TERRACE and ONSITE COMPUTING, INC. G.6.b Packet Pg. 29 At t a c h m e n t : A t t a c h m e n t I I - A M E N D E D A N D R E S T A T E D C o n t r a c t S e r v i c e s A g r e e m e n t - O n s i t e [ R e v i s i o n 1 ] ( A m e n d e d a n d R e s t a t e d A g r e e m e n t 01247.0001/707152.3 9/1/2021 -2- AMENDED AND RESTATED AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND ONSITE COMPUTING, INC. This “AMENDED AND RESTATED AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND ONSITE COMPUTING, INC.” (herein “Agreement”) is made and entered into this ____ day of ______, 2021 by and between the City of Grand Terrace, a California municipal corporation (“City”) and Onsite Computing, Inc. (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.” RECITALS A. In 2017, City sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement. B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Grand Terrace Municipal Code, City entered into that certain agreement with Consultant for the services defined and described particularly in such agreement and dated August 22, 2017, in the amount of $5,670 per month (i.e., $68,040 per year) (“Original Agreement”). D. At its meeting of _____, 2021, the City Council determined that it desires to continue with Consultant to complete the services as described herein. E. Based upon the forgoing, the Parties now desire to amend and restate the Original Agreement in its entirety in order to allow the City to utilize the Consultant to continue to carry out the services in the Original Agreement as provided herein, to increase the total monthly compensation to $6,364.00, to provide that an expiration of one year from the date hereof, and to amend the Scope of Services in the Original Agreement. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties hereby agree to amend and restate Original Agreement in its entirety as follows: ARTICLE 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and G.6.b Packet Pg. 30 At t a c h m e n t : A t t a c h m e n t I I - A M E N D E D A N D R E S T A T E D C o n t r a c t S e r v i c e s A g r e e m e n t - O n s i t e [ R e v i s i o n 1 ] ( A m e n d e d a n d R e s t a t e d A g r e e m e n t 01247.0001/707152.3 9/1/2021 -3- incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Consultant’s Proposal. The Scope of Service shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve 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 G.6.b Packet Pg. 31 At t a c h m e n t : A t t a c h m e n t I I - A M E N D E D A N D R E S T A T E D C o n t r a c t S e r v i c e s A g r e e m e n t - O n s i t e [ R e v i s i o n 1 ] ( A m e n d e d a n d R e s t a t e d A g r e e m e n t 01247.0001/707152.3 9/1/2021 -4- the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence. 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern. G.6.b Packet Pg. 32 At t a c h m e n t : A t t a c h m e n t I I - A M E N D E D A N D R E S T A T E D C o n t r a c t S e r v i c e s A g r e e m e n t - O n s i t e [ R e v i s i o n 1 ] ( A m e n d e d a n d R e s t a t e d A g r e e m e n t 01247.0001/707152.3 9/1/2021 -5- 1.10 Recitals. The recitals set forth above are incorporated herein by this reference. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. (a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, under the Original Agreement and this Agreement shall not exceed $6,364.00 per month (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8. (b) Except to the specific rights and obligations set forth herein or created or reserved in this Agreement, the Consultant hereby releases and forever discharges the City and its officers, employees and agents from any and all claims, demands, actions, causes of action, obligations, costs, expenses, penalties, interest, attorneys’ fees, damages, losses and liabilities of whatsoever nature, character or kind, whether known or unknown, suspected or unsuspected, matured or contingent, which are or could have been the attributed to any Services provided pursuant to the Original Agreement. 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 G.6.b Packet Pg. 33 At t a c h m e n t : A t t a c h m e n t I I - A M E N D E D A N D R E S T A T E D C o n t r a c t S e r v i c e s A g r e e m e n t - O n s i t e [ R e v i s i o n 1 ] ( A m e n d e d a n d R e s t a t e d A g r e e m e n t 01247.0001/707152.3 9/1/2021 -6- compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 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 G.6.b Packet Pg. 34 At t a c h m e n t : A t t a c h m e n t I I - A M E N D E D A N D R E S T A T E D C o n t r a c t S e r v i c e s A g r e e m e n t - O n s i t e [ R e v i s i o n 1 ] ( A m e n d e d a n d R e s t a t e d A g r e e m e n t 01247.0001/707152.3 9/1/2021 -7- delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Consultant. The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Alex Herrmann Project Manager (Name) (Title) John Delsindico Account Manager (Name) (Title) James Beck Help Desk Manager (Name) (Title) Ryan Halldorson Primary IT Engineer Assigned to the City (Name) (Title) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, G.6.b Packet Pg. 35 At t a c h m e n t : A t t a c h m e n t I I - A M E N D E D A N D R E S T A T E D C o n t r a c t S e r v i c e s A g r e e m e n t - O n s i t e [ R e v i s i o n 1 ] ( A m e n d e d a n d R e s t a t e d A g r e e m e n t 01247.0001/707152.3 9/1/2021 -8- assigned to perform the services required under this Agreement, prior to and during any such performance. 4.2 Status of Consultant. Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be G. Michael Milhiser, Interim City Manager, or such person as may be designated by the Interim City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, G.6.b Packet Pg. 36 At t a c h m e n t : A t t a c h m e n t I I - A M E N D E D A N D R E S T A T E D C o n t r a c t S e r v i c e s A g r e e m e n t - O n s i t e [ R e v i s i o n 1 ] ( A m e n d e d a n d R e s t a t e d A g r e e m e n t 01247.0001/707152.3 9/1/2021 -9- without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City. ARTICLE 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City: (a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit. (b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile. (d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant’s services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. (e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. G.6.b Packet Pg. 37 At t a c h m e n t : A t t a c h m e n t I I - A M E N D E D A N D R E S T A T E D C o n t r a c t S e r v i c e s A g r e e m e n t - O n s i t e [ R e v i s i o n 1 ] ( A m e n d e d a n d R e s t a t e d A g r e e m e n t 01247.0001/707152.3 9/1/2021 -10- (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”. 5.2 General Insurance Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self- insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice: CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER NAMED HEREIN. [to be initialed] ______________ Consultant Initials City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. G.6.b Packet Pg. 38 At t a c h m e n t : A t t a c h m e n t I I - A M E N D E D A N D R E S T A T E D C o n t r a c t S e r v i c e s A g r e e m e n t - O n s i t e [ R e v i s i o n 1 ] ( A m e n d e d a n d R e s t a t e d A g r e e m e n t 01247.0001/707152.3 9/1/2021 -11- Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant’s activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as provided in Section 5.3. In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City. 5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: (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 G.6.b Packet Pg. 39 At t a c h m e n t : A t t a c h m e n t I I - A M E N D E D A N D R E S T A T E D C o n t r a c t S e r v i c e s A g r e e m e n t - O n s i t e [ R e v i s i o n 1 ] ( A m e n d e d a n d R e s t a t e d A g r e e m e n t 01247.0001/707152.3 9/1/2021 -12- 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. 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 G.6.b Packet Pg. 40 At t a c h m e n t : A t t a c h m e n t I I - A M E N D E D A N D R E S T A T E D C o n t r a c t S e r v i c e s A g r e e m e n t - O n s i t e [ R e v i s i o n 1 ] ( A m e n d e d a n d R e s t a t e d A g r e e m e n t 01247.0001/707152.3 9/1/2021 -13- 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 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. G.6.b Packet Pg. 41 At t a c h m e n t : A t t a c h m e n t I I - A M E N D E D A N D R E S T A T E D C o n t r a c t S e r v i c e s A g r e e m e n t - O n s i t e [ R e v i s i o n 1 ] ( A m e n d e d a n d R e s t a t e d A g r e e m e n t 01247.0001/707152.3 9/1/2021 -14- (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 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 G.6.b Packet Pg. 42 At t a c h m e n t : A t t a c h m e n t I I - A M E N D E D A N D R E S T A T E D C o n t r a c t S e r v i c e s A g r e e m e n t - O n s i t e [ R e v i s i o n 1 ] ( A m e n d e d a n d R e s t a t e d A g r e e m e n t 01247.0001/707152.3 9/1/2021 -15- part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. 7.3 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party 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. G.6.b Packet Pg. 43 At t a c h m e n t : A t t a c h m e n t I I - A M E N D E D A N D R E S T A T E D C o n t r a c t S e r v i c e s A g r e e m e n t - O n s i t e [ R e v i s i o n 1 ] ( A m e n d e d a n d R e s t a t e d A g r e e m e n t 01247.0001/707152.3 9/1/2021 -16- 7.7 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon written notice to Consultant. In addition, the Consultant may terminate this Contract for cause, upon sixty (60) days’ advance written notice to City. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.8 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. G.6.b Packet Pg. 44 At t a c h m e n t : A t t a c h m e n t I I - A M E N D E D A N D R E S T A T E D C o n t r a c t S e r v i c e s A g r e e m e n t - O n s i t e [ R e v i s i o n 1 ] ( A m e n d e d a n d R e s t a t e d A g r e e m e n t 01247.0001/707152.3 9/1/2021 -17- 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. 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. G.6.b Packet Pg. 45 At t a c h m e n t : A t t a c h m e n t I I - A M E N D E D A N D R E S T A T E D C o n t r a c t S e r v i c e s A g r e e m e n t - O n s i t e [ R e v i s i o n 1 ] ( A m e n d e d a n d R e s t a t e d A g r e e m e n t 01247.0001/707152.3 9/1/2021 -18- 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 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.) G.6.b Packet Pg. 46 At t a c h m e n t : A t t a c h m e n t I I - A M E N D E D A N D R E S T A T E D C o n t r a c t S e r v i c e s A g r e e m e n t - O n s i t e [ R e v i s i o n 1 ] ( A m e n d e d a n d R e s t a t e d A g r e e m e n t 01247.0001/707152.3 9/1/2021 -19- Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Consultant’s Authorized Initials _______ 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] G.6.b Packet Pg. 47 At t a c h m e n t : A t t a c h m e n t I I - A M E N D E D A N D R E S T A T E D C o n t r a c t S e r v i c e s A g r e e m e n t - O n s i t e [ R e v i s i o n 1 ] ( A m e n d e d a n d R e s t a t e d A g r e e m e n t 01247.0001/707152.3 9/1/2021 20 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: City of Grand Terrace, a municipal corporation _____________________________________ Darcy McNaboe, Mayor ATTEST: _____________________________________ Debra Thomas, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP ____________________________________ Adrian R. Guerra, City Attorney CONSULTANT: Onsite Computing, Inc. By: ___________________________________ Name: Title: By: ___________________________________ Name: Title: Address: 1101 California Ave, Suite 104 Corona, CA 92881 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. G.6.b Packet Pg. 48 At t a c h m e n t : A t t a c h m e n t I I - A M E N D E D A N D R E S T A T E D C o n t r a c t S e r v i c e s A g r e e m e n t - O n s i t e [ R e v i s i o n 1 ] ( A m e n d e d a n d R e s t a t e d A g r e e m e n t 01247.0001/707152.3 9/1/2021 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On __________, 2021 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. G.6.b Packet Pg. 49 At t a c h m e n t : A t t a c h m e n t I I - A M E N D E D A N D R E S T A T E D C o n t r a c t S e r v i c e s A g r e e m e n t - O n s i t e [ R e v i s i o n 1 ] ( A m e n d e d a n d R e s t a t e d A g r e e m e n t 01247.0001/707152.3 9/1/2021 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On __________, 2021 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. G.6.b Packet Pg. 50 At t a c h m e n t : A t t a c h m e n t I I - A M E N D E D A N D R E S T A T E D C o n t r a c t S e r v i c e s A g r e e m e n t - O n s i t e [ R e v i s i o n 1 ] ( A m e n d e d a n d R e s t a t e d A g r e e m e n t 01247.0001/707152.3 9/1/2021 A-1 EXHIBIT “A” SCOPE OF SERVICES I. Consultant will perform the following Services: Activity Quantity Monthly Rate Monthly Amount Cloud Services Partial Monthly Cloud Server Hosting Eden Financial Windows Server 2019 Primary Domain Controller Windows Server 2019 Backup Domain Controller Windows Server 2019 Virtual Firewall/Router/VPN Cloud Backup Services 1 $450.00 $450.00 Flat Rate IT Services Plan Surface Pro’s – Office 365 Business Suite 2019 5 $15.00 $75.00 Flat Rate IT Services Plan Microsoft Email Security Service 6 $9.00 $54.00 Flat IT Services Plan Surface Pro’s Full Image Backup and Disaster Recovery with Cloud 5 $12.00 $60.00 Flat Rate IT Services Plan Flat Rate IT Services Plan Professional IT Service Plan for up to 50 workstations/Laptops/Servers/Users (each additional supported computer will be billed at $85/mo) UNLIMITED REMOTE and phone support M-F 8am-5pm UNLIMITED ONSITE support M-F 8am-5pm FREE Office 365 Business Premium Suite up to 40 users FREE Cloud and local backup imaging of servers 2TB FREE Enterprise antivirus software for servers and PCs VolP phone system administrator support Security camera system support Monthly onsite maintenance services Ticketing system with client Portal Priority response to service requests Remote monitoring and alerting agent VCIO advisory service and consultations Deployment of any software updates, as required 1 $4370.00 $4370.00 G.6.b Packet Pg. 51 At t a c h m e n t : A t t a c h m e n t I I - A M E N D E D A N D R E S T A T E D C o n t r a c t S e r v i c e s A g r e e m e n t - O n s i t e [ R e v i s i o n 1 ] ( A m e n d e d a n d R e s t a t e d A g r e e m e n t 01247.0001/707152.3 9/1/2021 A-2 Vendor management of telco, internet provider, printers, etc. Virus definition and anti-spyware monitoring System and security software patch management Hardware and software inventory and asset tracking Data backup monitoring and management Router, firewall and remote access management Tablet and smartphone support Proposal reviews and purchasing assistance Hourly discounts on special projects After hours’ support provided at discounted rates (Onsite after hours’ support is billed at $156/hour and remote after hours’ support is billed at $132/hour. After-hours onsite support is billed at a 2-hour minimum) Flat Rate IT Services Plan Surface Pro’s – Additional devices added to device count as per IT support Agreement 5 $85.00 $425.00 Flat Rate IT Services Plan iPad Security Management & Remote Support Software 20 $12.00 $240.00 Flat Rate IT Services Plan Advanced Email filtering for Viruses and Phishing 30 $13.00 $390.00 Flat Rate IT Services Plan Security Awareness Training and Testing with Dark Web Monitoring and Alerting 1 $300.00 $300.00 MONTHLY TOTAL: $6364.00 II. As part of the Services, Consultant will prepare and deliver tangible work products to the City as may be required by the City from time to time. III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the status reports as may be required by the City from time to time. IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City. V. Consultant will utilize its employees to accomplish the Services, which includes, but is not limited to, Consultant’s IT Helpdesk Technicians, Project Managers, Service Desk Manager, Account Manager, Security Analysts, Senior Engineers, and such other Consultant employees as may be necessary to accomplish the Services. Additionally, Consultant will utilize the following employees to accomplish the Services: G.6.b Packet Pg. 52 At t a c h m e n t : A t t a c h m e n t I I - A M E N D E D A N D R E S T A T E D C o n t r a c t S e r v i c e s A g r e e m e n t - O n s i t e [ R e v i s i o n 1 ] ( A m e n d e d a n d R e s t a t e d A g r e e m e n t 01247.0001/707152.3 9/1/2021 A-3 A. Alex Herrmann, Project Manager B. John Delsindico, Account Manager C. James Beck, Help Desk Manager D. Ryan Halldorson, Primary IT Engineer assigned to the City G.6.b Packet Pg. 53 At t a c h m e n t : A t t a c h m e n t I I - A M E N D E D A N D R E S T A T E D C o n t r a c t S e r v i c e s A g r e e m e n t - O n s i t e [ R e v i s i o n 1 ] ( A m e n d e d a n d R e s t a t e d A g r e e m e n t 01247.0001/707152.3 9/1/2021 B-1 EXHIBIT “B” SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) G.6.b Packet Pg. 54 At t a c h m e n t : A t t a c h m e n t I I - A M E N D E D A N D R E S T A T E D C o n t r a c t S e r v i c e s A g r e e m e n t - O n s i t e [ R e v i s i o n 1 ] ( A m e n d e d a n d R e s t a t e d A g r e e m e n t 01247.0001/707152.3 9/1/2021 C-1 EXHIBIT “C” SCHEDULE OF COMPENSATION I. Consultant shall perform the Services in Exhibit “A” at the monthly rates provided in Section I of Exhibit “A”. II. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. III. The total compensation for the Services under this Agreement shall not exceed $6,364.00 per month as provided in Section 2.1 of this Agreement. G.6.b Packet Pg. 55 At t a c h m e n t : A t t a c h m e n t I I - A M E N D E D A N D R E S T A T E D C o n t r a c t S e r v i c e s A g r e e m e n t - O n s i t e [ R e v i s i o n 1 ] ( A m e n d e d a n d R e s t a t e d A g r e e m e n t 01247.0001/707152.3 9/1/2021 D-1 EXHIBIT “D” SCHEDULE OF PERFORMANCE I. Consultant shall perform all Services timely in accordance with the schedule as approved in writing by the Contract Officer. II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. G.6.b Packet Pg. 56 At t a c h m e n t : A t t a c h m e n t I I - A M E N D E D A N D R E S T A T E D C o n t r a c t S e r v i c e s A g r e e m e n t - O n s i t e [ R e v i s i o n 1 ] ( A m e n d e d a n d R e s t a t e d A g r e e m e n t CITY OF GRAND TERRACE CITY COUNCIL MINUTES ● AUGUST 24, 2021 Council Chamber Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace ATTACHMENTS TO August 24, 2021 City Council Minutes PowerPoint Presentations Planning Commission Agenda Item G.6 -Presentation Update to Vehicles Miles Traveled (VMT) Traffic Impact Analysis Guidelines City Council Meeting August 24, 2021 VMT Resolution On July 14, 2020, the City Council Adopted Resolution 2020-26, “Vehicle Miles Traveled Thresholds for Analysis of Traffic Impacts Under the California Environmental Quality Act.” The Planning and Development Services Department monitors statewide implementation and updates the Traffic Impact Analysis (TIA) Guidelines with close coordination with SBCTA Technical Feedback As the City embarks on several significant projects the VMT analyses is based on technical feedback from local agencies and SBCTA. These jurisdictions, similar to Grand Terrace staff are refining Trip Generation consistent with our adopted resolution to account for internal trip capture Local Serving Local serving retail projects less than 50,000 square feet may be presumed to have a less than significant impact absent substantial evidence to the contrary. Local serving retail generally improves the convenience of shopping close to home and has the effect of reducing vehicle travel. In addition to local serving retail, there are, at the discretion of the City, be presumed to have a less than significant impact as their uses are local serving VMT Threshold of Significance This threshold ties directly to the Office of Planning Research (OPR) technical Advisory Memorandum which is contained in Grand Terrace’s VMT resolution. By adding retail opportunities into the urban fabric and thereby improving retail destination proximity, local- serving retail development tends to shorten trips and reduce VMT Project Specific Information Grand Terrace presumes such development creates a less-than-significant transportation impact. Many cities and counties define local-serving and regional-serving retail in their zoning codes. Lead agencies may refer to those local definitions when available, but should also consider any project-specific information, such as market studies or economic impacts analyses that might bear on customers’ travel behavior Behavior Because Grand Terrace best understands our travel behaviors of future project users, we are in the best position to decide when a project will likely be local serving. Retail development including stores larger than 50,000 square feet might be considered regional- serving, and so Grand Terrace should undertake an analysis to determine whether the project might increase or decrease VMT Threshold of Significance •Per the San Bernardino County travel model, Grand Terrace currently has a lower average VMT for residents and employees than the entire County •Residents and employees do not drive as far for commuting, shopping, and other services on average as the County •Grand Terrace must balance their local goals of growth and congestion management with the need to reduce VMT Traffic Impact Analysis Guidelines Staff has included refined retail opportunities consistent with State adopted project threshold direction and has been included as Footnote 4 on Page 23 of Attachment 2 (TIC Guidelines). Comparing back to the county average encourages development in this VMT-efficient location and further supports the legislative intent of SB 743. City staff has determined that this aligns with the local goals, vision, and values of the City of Grand Terrace as the adopted threshold will result in less than significant transportation impacts Determination This threshold is consistent with how other resource areas are currently evaluated under CEQA. City staff has determined that this most closely aligns with the local goals, vision, and values of the City of Grand Terrace. Planning Commission Agenda Item G.6 -Presentation Update to Vehicles Miles Traveled (VMT) Traffic Impact Analysis Guidelines City Council Meeting August 24, 2021 2030 Vision Goal Statement Goal #4 Calculating VMT Methodologies •Project-generated VMT •Productions/Attractions •Origin/Destination •Project effect on VMT •Boundary Method VMT Threshold Options Including LOS Although VMT must be used to evaluate CEQA impacts, the City can still choose to study LOS as part of a traffic study. •Most jurisdictions are choosing to retain LOS in their guidelines. •“Impacts” and “mitigations” are CEQA terms: LOS “deficiencies” and “improvements” can no longer be part of the CEQA process. •Any identified improvements to address LOS deficiencies can be conditioned on new development by the City. What’s Feasible? Project Specific o Physical Design o TDM Programs o Impact Fees o VMT Exchanges o VMT Banks VMT Mitigation Strategies Near-Term Longer-Term VMT Exchange Program DEVELOPER LEAD AGENCY/ DEVELOPER EXCHANGE OPERATOR (SCAG OR OTHER) Creates list of VMT Reduction Projects Implements VMT Reduction Projects as Mitigation MeasureVerifies ‘Additionality’ and Monitors VMT Performance Developer selects VMT reduction from an approved list and then funds a specific project or program VMT Bank Program BANK OPERATOR (SCAG OR OTHER) IMPLEMENTATION AGENCY/ENTITY Bank Operator… Develops Bank payment/credit process Develops VMT reduction projects Verifies VMT reduction amount Tests for Additionality Monitors VMT performance and adjusts overtime DEVELOPE R Developer purchases VMT reduction credits from Bank Operator and implementation is left to others Transportation Demand Management: VMT Mitigation Strategies To reduce VMT, new development will need to explore ways for fewer people to travel alone in their cars. Transportation Demand Management (TDM) strategies can be used to reduce VMT. Building Operations Site Design Location Efficiency Regional Policies Regional Infrastructure Transportation Related VMT Reduction Measures •Encourage Telecommuting and Alternative Work Schedules•Increase Diversity of Land Uses•Provide Pedestrian Network Improvements•Provide Traffic Calming Measures and•Low-Stress Bicycle Network Improvements•Implement Car-Sharing and Ride-Sharing Programs•Increase Transit Accessibility•Commute Trip Reduction Programs•Parking Management Transportation Demand Management: VMT Mitigation Strategies Traffic Study Procedure •Projects now study VMT •Screening criteria to determine if VMT analysis is needed •Transit Priority Areas (1/2 mile from high-quality transit –none currently in Grand Terrace) •Low VMT Zones (efficient travel areas) •Small projects •Local-serving projects •Many projects will not require VMT analysis •City has discretion as long as it is supported by substantial evidence Threshold of Significance •Projects that require VMT analysis will use the threshold of significance recommended by City Staff: •County of San Bernardino Better than Existing VMT •“Existing” is based on the year the EIR Notice of Preparation is released, will be different project by project •Appropriate for projects in Grand Terrace –threshold combined with screening criteria will facilitate land use growth Traffic Study Procedure SB 743 Recap Improving Communities QUESTION/COMMENTS Traffic Study Procedure •Projects which are not screened will require a full VMT analysis: •Calculate Project VMT •Compare back to threshold of significance •If the Project has Significant Impacts •Modify the project to reduce VMT •Introduce TDM measures •Significant and Unavoidable Impact with Overriding Considerations SB 743 Recap •CEQA analysis must now use VMT (trips x trip length) •https://www.youtube.com/watch?v=UE4TJItVdJ8 •Grand Terrace participated in SBCTA implementation study Tentative Agreement and Memorandum of Understanding Between the City of Grand Terrace and Teamsters Local 1932 July 1, 2021 –June 30, 2024 BACKGROUND •On December 5, 2019, Teamsters Local 1932 filed a request for recognition with Public Employment Relations Review Board PERB seeking to represent a proposed “Miscellaneous Bargaining Unit” of City employees. •On February 27, 2020, the City filed with PERB a response to the Teamsters petition asserting that the proposed Miscellaneous Bargaining Unit was not an appropriate unit as initially proposed by Teamsters. •On May 4, 2020, the parties participated in a PERB settlement conference and reached a settlement, agreeing that Teamsters would be the sole and exclusive recognized employee organization for the proposed Miscellaneous Bargaining Unit. THE MISCELLANEOUS BARGAINING UNIT •Comprised of all permanent and full-time employees •Excludes: •all management, confidential, and supervisory employees; •all part-time, temporary, and at-will probationary employees; •all retired annuitants; and •the classifications of Assistant Planner, Principal Accountant, and Management Analyst NEGOTIATIONS •Under the Meyers-Milias Brown Act (“MMBA”), once an exclusive representative is recognized, the City is required to negotiate with the representative on all matters within the scope of representation: •“all matters relating to employment conditions and employer-employee relations, including, but not limited to, wages, hours, and other terms and conditions of employment.” (Gov. Code §3504). •In June of 2020, the City and Teamsters commenced negotiations for a comprehensive agreement that would govern the relationship between the City, Teamsters, and the represented employees. •The Parties negotiated on wages, hours, and other terms and conditions of employment for the Miscellaneous Bargaining Unit and have reached a Tentative Agreement for a Memorandum of Understanding. THE TENTATIVE AGREEMENT •The Tentative Agreement is for the period of July 1, 2021 through June 30, 2024. •On July 8, 2021, Teamsters ratified the Tentative Agreement by a vote of its membership. •Government Code section 3505.1: •“If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations, the governing body shall vote to accept or reject the tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. . . . If the governing body adopts the tentative agreement, the parties shall jointly prepare a written memorandum of understanding[;]” THE MEMORANDUM OF UNDERSTANDING •The Memorandum of Understanding governs the period of July 1, 2021 through June 30, 2024. •It was concurrently prepared and signed by the representatives of the City and the Teamsters, subject to City Council approval. •Once approved by the City Council, the MOU becomes a binding agreement between Teamsters and the City. •The MOU will govern the represented employees and the agreed upon subject matters, however the City may still be required to bargain over the foreseeable effects of certain decisions on matters within the scope of representation. MAJOR DEAL POINTS OF THE TENTATIVE AGREEMENT AND MEMORANDUM OF UNDERSTANDING Article No.Subject Summary I Term of Agreement Except as otherwise specified, the term of the agreement is from July 1, 2021 through June 30, 2024. III Non-Discrimination The provisions of the MOU will be applied equally to all employees without unlawful harassment, discrimination, retaliation, disrespectful or other unprofessional conduct. IV–VI New Employee Orientation Shop Stewards Dues Deduction All new employees will be provided a copy of the MOU and given an employee orientation to explain the employee’s rights and benefits under the MOU. A maximum of two employees may be designated as shop stewards to represent employees in the unit. Sets forth membership dues deduction requirements. VII Management Rights City retains all of its inherent managerial rights, functions and authorities. Provides the subjects outside of bargaining that the City has the right to unilaterally make decisions on, subject to any statutory obligation to engage in impact bargaining over the foreseeable effects of the decision on matters within the scope of representation. VIII Salary 2021-3% salary increase based upon the employee’s regular base pay determined as of June 30, 2021. 2022 and 2023-2 % salary increase based upon the employee’s regular base pay determined as of June 30 each respective year. MAJOR DEAL POINTS OF THE TENTATIVE AGREEMENT AND MEMORANDUM OF UNDERSTANDING Article No.Subject Summary IX Health Insurance The City’s contribution will match the CalPERS Kaiser Region 3 premium rate. X Holidays All full-time unit members shall receive 13 paid holidays as designated per calendar year and 2 paid floating holidays per calendar year in addition to any other vacation leave that employee has accrued. XI Overtime Provides for an eight-hour rest period for an employee who works 16 consecutive hours. Provides for statutory overtime under the Fair Labor Standards Act. The City will endeavor to provide 7 days’ notice of the need to work overtime to employees for non-emergency recurring events. XII No Strike/No Lockout Prevents Teamsters and employee members from causing, participating in, or condoning any strike, walkout, slowdown, sick-out, or any other concerted job action by withholding or refusing to perform services. City agrees not to lockout its employees. XIII-XIV Discipline and Grievance Procedures Provides the causes for discipline, types of discipline, and the procedures for discipline which shall not apply to the City’s at- will employees. Provides the procedure for an employee to initiate a grievance for an alleged violation of a specific provision of the MOU, or the City’s Personnel rules, and provides a right of representation to the grievant. RECOMMENDATIONS •It is recommended that the City Council accept, adopt, approve and implement: •The Tentative Agreement for a Memorandum of Understanding between the City of Grand Terrace and Teamsters Local 1932 for the period of July 1, 2021 through June 30, 2024 •The Memorandum of Understanding between the City of Grand Terrace and Teamsters Local 1932 for the period of July 1, 2021 through June 30, 2024 QUESTIONS