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01/25/2022CITY OF GRAND TERRACE CITY COUNCIL AND CITY COUNCIL AS THE HOUSING AUTHORITY [AMENDED] AGENDA ● JANUARY 25, 2022 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 reopened its public meetings. Therefore, the regular meeting of the City Council for January 25, 2022, is now open to the public. Please be advised that masks are required, social distancing will be practiced, and occupancy limits will be enforced. Please note that Pursuant to Assembly Bill 361, due to COVID-19, The City of Grand Terrace is authorized to make public meetings accessible electronically for members of the public wishing to address the City Council. The regular meeting of the City Council for January 25, 2022, will also be conducted in-person, telephonically through Zoom and broadcast live on the City’s website. COMMENTS FROM THE PUBLIC The public is encouraged to address the City Council on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council, please complete a Request to Speak card located at the front entrance and provide it to the City Clerk. Speakers will be called upon by the Mayor at the appropriate time and each person is allowed three (3) minutes speaking time. If you would like to participate telephonically and speak on an agenda item, you can access the meeting by dialing the following telephone number and you will be placed in the waiting room, muted until it is your turn to speak: *67 1-669-900-9128 Enter Meeting ID: 835 3532 3567 Password: 612653 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. [Amended] Agenda Grand Terrace City Council and Housing Authority January 25, 2022 City of Grand Terrace Page 2 CALL TO ORDER Convene City Council and City Council as the Housing Authority. 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 B. SPECIAL PRESENTATIONS Certificates of Recognition – Grand Terrace Lady Titans Cheer Competition 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 – 01/11/2022 DEPARTMENT: CITY CLERK 3. City Department Monthly Activity Report - November 2021 RECOMMENDATION: Receive and file. DEPARTMENT: CITY MANAGER [Amended] Agenda Grand Terrace City Council and Housing Authority January 25, 2022 City of Grand Terrace Page 3 4. Approval of the November-2021 Check Register in the Amount of $374,857.40 RECOMMENDATION: Approve the Check Register No. 11302021 in the amount of $374,857.40 as submitted, for the month ending November 30, 2021. DEPARTMENT: FINANCE 5. Approval of the December-2021 Check Register in the Amount of $473,787.14 RECOMMENDATION: Approve the Check Register No. 12312021 in the amount of $473,787.14 as submitted, for the month ending December 31, 2021. DEPARTMENT: FINANCE 6. Housing Successor Agency Annual Financial Report for the Year Ended June 30, 2021 RECOMMENDATION: Receive and file the Auditor's Annual Financial Report and related document for the City's Housing Successor Agency. DEPARTMENT: FINANCE 7. CARES Act Grant Match RECOMMENDATION: Approve a transfer of $79,925 from the General Fund for the City Infrastructure Project required match on the County of San Bernardino's Coronavirus Relief Fund funding to cities and towns for infrastructure projects. DEPARTMENT: FINANCE 8. Approval of an Agreement Between The City of Grand Terrace and CleanStreet, LLC for Street Sweeping Services RECOMMENDATION: 1. Award to and Approve the Street Sweeping Agreement with CleanStreet, LLC, for a term commencing March 1, 2022, through February 28, 2025, (and the parties may agree to extend the Agreement by 2 terms of 1 year each) in the amount of $169,584.00 for routine street sweeping services and, in addition, $6,426 set-aside for On-Call/Special Event/Emergency street sweeping callouts, for a total contract sum not to exceed $176,010; and 2. Authorize the City Manager to execute the Agreement subject to the City Attorney’s approval as to form. DEPARTMENT: PUBLIC WORKS [Amended] Agenda Grand Terrace City Council and Housing Authority January 25, 2022 City of Grand Terrace Page 4 9. Grant Selection for Replacement of Gasoline Powered Senior Bus RECOMMENDATION: Staff recommends that the City Council direct staff to proceed with the Volkswagen Mitigation Trust Fund, which was approved by Council on January 14, 2020, and direct staff to withdraw the City’s application for the Omnitrans Green Commuter Grant. DEPARTMENT: PUBLIC WORKS 10. City of Grand Terrace Legislative Platform for Assemblymember Reyes and State Senator Leyva to Advance in California State Assembly and Senate RECOMMENDATION: Approve City of Grand Terrace's Legislative Platform for 2022 and Authorize Staff to Forward the Platform to Assemblymember Eloise Reyes and State Senator Connie Leyva DEPARTMENT: CITY MANAGER 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 F. UNFINISHED BUSINESS G. NEW BUSINESS 11. Consideration and Possible Action to Adopt an Urgency Ordinance Establishing Objective Standards for Implementation of Senate Bill No. 9 Pertaining to Urban Lot Splits and Two-Unit Developments RECOMMENDATION: (1) Direct the City Attorney to read the title of the ordinance entitled “An Urgency Ordinance Of The City Council Of The City Of Grand Terrace Establishing Regulations For Urban Lot Splits And Two-Unit Developments In Accordance With [Amended] Agenda Grand Terrace City Council and Housing Authority January 25, 2022 City of Grand Terrace Page 5 Senate Bill 9”, waive further reading, and introduce the Ordinance on a roll call vote; and (2) Initiate regular code amendment proceedings to amend Title 17 (Subdivisions) and Title 18 (Zoning) of the Grand Terrace Municipal Code to establish regulations for urban lot splits and two-unit developments, and to revise the City’s regulations of accessory dwelling units (Chapter 18.69). DEPARTMENT: PLANNING & DEVELOPMENT SERVICES 12. Approve Amendment No. 1 to a Professional Services Agreement Between the City of Grand Terrace and Interwest Consulting Group for Building and Public Works Services RECOMMENDATION: 1. Approve Amendment No. 1 to the Professional Services Agreement to Interwest Consulting Group for Building and Public Works Services (dated October 13, 2020), which extends the term of the Agreement to January 28, 2022 2. Increase the sum of the agreement from $117,000 to $122,767.50 3. Authorize the Mayor to execute Amendment No. 1 subject to City Attorney approval as to form DEPARTMENT: PLANNING & DEVELOPMENT SERVICES H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL Pursuant to City Council policy set forth in the 2030 Vision and 2014 ‐2020 Strategic Plan, if a City Council Member is interested in a task or project that will require more than one hour of staff time to complete, the item will be agendized to ask the City Council if time should be spent on preparing a report on the proposed item. In accordance with this policy, this is the opportunity for City Council Members to request that an item be placed on a future agenda and authorize staff to prepare an agenda report. To ensure compliance with the Brown Act, the request shall be submitted to the City Manager at least one week in advance of the meeting so that the topic can be included on the agenda under this section. In order for any listed item to be placed on a future agenda, the City Council must act by formal motion (i.e., requires a motion and a second) to direct the City Manager to place the item on a future agenda. Pursuant to the requirements of the Brown Act, no other items may be considered other than those listed below. 1. Reverse AB 9 Accessory Dwelling Units - Our Neighborhood Voices Initiative Requested by: Mayor Pro Tem Bill Hussey 2. Vacant Property Ordinance Review • Commercial and Residential Requested by: Mayor Darcy McNaboe [Amended] Agenda Grand Terrace City Council and Housing Authority January 25, 2022 City of Grand Terrace Page 6 3. Revisit Truck Route Ordinance • Address Lost Delivery Trucks in Residential Neighborhoods • Address Trucks Using Mt. Vernon as a Truck Route to the Freeway Onramp in Colton • Ways to Enforce Requested by: Mayor Darcy McNaboe 4. Enforcement of Commercial Property Maintenance Requested by: Mayor Darcy McNaboe I. CITY COUNCIL COMMUNICATIONS Council Member Jeff Allen Council Member Doug Wilson Council Member Sylvia Robles Mayor Pro Tem Bill Hussey Mayor Darcy McNaboe J. CITY MANAGER COMMUNICATIONS K. RECESS TO CLOSED SESSION CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION pursuant to Government Code Section 54956.9(c) Number of Cases: One RECONVENE TO OPEN SESSION REPORT OUT OF CLOSED SESSION L. ADJOURN The Next Regular City Council Meeting will be held on Tuesday, February 8, 2022 at 6:00 PM. Any request to have an item placed on a future agenda must be made in writing and submitted to the City Clerk’s office and the request will be processed in accordance with Council Procedures. CITY OF GRAND TERRACE CITY COUNCIL, CITY COUNCIL AS THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY MINUTES ● JANUARY 11, 2022 Council Chambers Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace Page 1 CALL TO ORDER Convene City Council, City Council as the Successor Agency to the Community Redevelopment Agency and Housing Authority. INVOCATION The Invocation was given by Pastor Juan Cervantes of Sierra Vista Colton. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Jeff Allen. Attendee Name Title Status Arrived Darcy McNaboe Mayor Present Bill Hussey Mayor Pro Tem Present Sylvia Robles Council Member Present Doug Wilson Council Member Present Jeff Allen Council Member Present Konrad Bolowich City Manager Present Adrian Guerra City Attorney Present Debra Thomas City Clerk Present Terry Shea Interim Finance Director Remote A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA Due to a scheduling conflict, New Employee Introduction of Budget Officer, Cindy Rushing was removed from the agenda. B. SPECIAL PRESENTATIONS Johan Gallo, Grand Terrace gave a video presentation on the GT Cars & Coffee Santa Clause Toy Drive Cruise C.2 Packet Pg. 7 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J a n 1 1 , 2 0 2 2 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, Successor Agency and Housing Authority January 11, 2022 City of Grand Terrace Page 2 C. CONSENT CALENDAR AGENDA ITEMS C.1, C.2, C.3 & C.5 ARE CITY COUNCIL ITEMS RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Council Member SECONDER: Doug Wilson, Council Member AYES: McNaboe, Hussey, Robles, Wilson, Allen 1. Waive Full Reading of Ordinances on Agenda 2. Approval of Minutes – Regular Meeting – 12/14/2021 APPROVE THE REGULAR MEETING MINUTES OF DECEMBER 14, 2021. 3. Re-Authorize and Extend Remote Teleconference Meetings of the Legislative Bodies of the City of Grand Terrace, Successor Agency to the Grand Terrace Community Redevelopment Agency, and Grand Terrace Housing Authority for a 30-Day Period Pursuant to the Ralph M. Brown Act and Assembly Bill No. 361 RE-AFFIRM AND EXTEND RESOLUTION NO. 2021-40, A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, THE BOARD OF THE SUCCESSOR AGENCY TO THE GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY, AND THE BOARD OF THE GRAND TERRACE HOUSING AUTHORITY RE-RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND RE- AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF GRAND TERRACE, SUCCESSOR AGENCY TO THE GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY, AND GRAND TERRACE HOUSING AUTHORITY FOR A 30-DAY PERIOD PURSUANT TO THE RALPH M. BROWN ACT AND ASSEMBLY BILL NO. 361 5. Independent Contractor Agreement for Fiscal Year 2021-2022 with Family Services Association for the Administration and Provision of a “Senior Congregate and Mobile Meal Program” and “Senior Center Coordinator” Services 1. APPROVE THE INDEPENDENT CONTRACTOR AGREEMENT FOR FISCAL YEAR 2021-2022 WITH FAMILY SERVICES ASSOCIATION (“FSA”) FOR THE ADMINISTRATION AND PROVISION OF A “SENIOR CONGREGATE AND MOBILE MEAL PROGRAM” AND ““SENIOR CENTER COORDINATOR” SERVICES AT THE SENIOR CENTER AS DESCRIBED THEREIN, IN A TOTAL CONTRACT SUM NOT TO EXCEED $49,329. 2. AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT SUBJECT TO THE CITY ATTORNEY’S APPROVAL AS TO FORM. C.2 Packet Pg. 8 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J a n 1 1 , 2 0 2 2 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, Successor Agency and Housing Authority January 11, 2022 City of Grand Terrace Page 3 AGENDA ITEM NO. C.4 IS A CITY COUNCIL, CITY COUNCIL AS THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY ITEM. 4. Adoption of Resolutions Updating the Signature Authority for the City's & Successor Agency's (As Applicable) Bank of America, California Asset Management Program, LAIF, US Bank Safekeeping, Arrowhead Credit Union, MIDAmerica, and Empower Retirement Accounts ADOPT THE ATTACHED RESOLUTIONS UPDATING THE SIGNATURE AUTHORITY FOR THE CITY’S AND SUCCESSOR AGENCY’S (AS APPLICABLE) BANK OF AMERICA, CALIFORNIA ASSET MANAGEMENT PROGRAM, LAIF, US BANK SAFEKEEPING, ARROWHEAD CREDIT UNION, MIDAMERICA, AND EMPOWER RETIREMENT ACCOUNTS ROLL CALL VOTE AS THE CITY COUNCIL RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Council Member SECONDER: Doug Wilson, Council Member AYES: McNaboe, Hussey, Robles, Wilson, Allen ROLL CALL VOTE AS THE CITY COUNCIL TO THE SUCCESSOR AGENCY OF THE COMMUNITY REDEVELOPMENT AGENCY RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Board Member SECONDER: Doug Wilson, Board Member AYES: McNaboe, Hussey, Robles, Wilson, Allen ROLL CALL VOTE AS THE CITY COUNCIL AS THE HOUSING AUTHORITY RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Board Member SECONDER: Bill Hussey, Vice-Chair AYES: McNaboe, Hussey, Robles, Wilson, Allen D. PUBLIC COMMENT Becky Giroux, Grand Terrace Lions Club representative commented on the events held throughout the City and their importance to the community. She wanted to express her support for the GT Cars & Coffee Santa Clause Toy Drive Cruise and hoped that the City Council would provide support so that this event may continue annually. C.2 Packet Pg. 9 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J a n 1 1 , 2 0 2 2 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, Successor Agency and Housing Authority January 11, 2022 City of Grand Terrace Page 4 E. PUBLIC HEARINGS - NONE F. UNFINISHED BUSINESS - NONE G. NEW BUSINESS 6. Procedure for Filling City Council Vacancy Adrian Guerra, City Attorney gave the PowerPoint presentation for this item. City Council provided direction to staff to bring the item back with options. DISCUSS AND PROVIDE DIRECTION TO STAFF ON ESTABLISHMENT OF CITY COUNCIL VACANCY FILLING PROCEDURES RESULT: NO ACTION TAKEN H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL I. CITY COUNCIL COMMUNICATIONS Council Member Jeff Allen Nothing to Report. Council Member Doug Wilson Nothing to Report Council Member Sylvia Robles Nothing to Report Mayor Pro Tem Bill Hussey Nothing to Report Mayor Darcy McNaboe Nothing to Report J. CITY MANAGER COMMUNICATIONS Konrad Bolowich, City Manager communicated to the City Council that: C.2 Packet Pg. 10 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J a n 1 1 , 2 0 2 2 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, Successor Agency and Housing Authority January 11, 2022 City of Grand Terrace Page 5 • January is Earthquake Awareness Month. The State of California has an earthquake warning app called MyShake that can be downloaded from the Apple App Store or Google Play which can provide resources for earthquake preparedness and information. • Noel Carpenter, Senior Management Analyst worked with the County to secure over a couple of thousand Covid-19 rapid test kits which have been distributed to the Senior Center and senior residential care facilities. Staff would like to distribute these test kits to the community, and they will be made available, while supplies last, beginning on Wednesday, January 12, 2022, at City Hall for pickup. K. RECESS TO CLOSED SESSION Mayor McNaboe announced that she would be recusing herself from Agenda Item K.2, Conference with Real Property Negotiators, pursuant to Government Code Section 54956.8 and recessed the regular meeting of the City Council to closed session at 7:00 p.m. CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS, pursuant to Government Code Section 54956.8 Property: Barton Road Excess Land APNs: 1167-231-10-0000 and 1167-231-22-0000 City negotiator: Konrad Bolowich, City Manager Negotiating parties: San Bernardino County Transportation Authority Under negotiation: Price and terms of payment MAYOR MCNABOE RECUSED HERSELF FROM CLOSED SESSION AT 7:15 P.M. 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS, pursuant to Government Code Section 54956.8 Property: APN 0276-213-47-0000 City Negotiator: Konrad Bolowich, City Manager Negotiating parties: To Be Determined Under negotiation: Price and terms of payment RECONVENE TO OPEN SESSION Mayor Pro Tem Bill Hussey reconvened the regular meeting of the City Council from closed session at 7:40 p.m. C.2 Packet Pg. 11 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J a n 1 1 , 2 0 2 2 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, Successor Agency and Housing Authority January 11, 2022 City of Grand Terrace Page 6 REPORT OUT OF CLOSED SESSION Agenda Item K.1 – Mayor Pro Tem Hussey announced there was no reportable action taken. Agenda Item K.2 – Mayor Pro Tem Hussey announced there was no reportable action taken. L. ADJOURN Mayor Pro Tem Hussey adjourned the Regular Meeting of the City Council at 7:45 p.m. The Next Regular Meeting of the City will be held on Tuesday, January 25, 2022, at 6:00 p.m. _________________________________ Darcy McNaboe, Mayor _________________________________ Debra L. Thomas, City Clerk C.2 Packet Pg. 12 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J a n 1 1 , 2 0 2 2 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) AGENDA REPORT MEETING DATE: January 25, 2022 Council Item TITLE: City Department Monthly Activity Report - November 2021 PRESENTED BY: Konrad Bolowich, City Manager RECOMMENDATION: Receive and file. 2030 VISION STATEMENT: This staff report identifies the monthly tasks associated with the delivery of projects to support City Council’s Goals 1) Ensure Our Fiscal Viability - Explore Creative Means to Provide Services and 4) Develop and Implement Successful Partnerships - Work with Local, Regional and State Agencies to secure Funding for Programs and Projects. BACKGROUND: The City Council of Grand Terrace established a 2030 Vision for the City of Grand Terrace and followed up with a 2014-2020 Strategic Plan. The Strategic Plan is a roadmap to ensure that the City remains on target and reaches its overall goals. The 2030 Vision and Strategic Plan will be achieved as staff accomplishes tasks and projects that are aligned with the 2030 Vision goals. The goals include: • Ensure Our Fiscal Viability • Maintain Public Safety • Promote Economic Development • Develop and Implement Successful Partnerships • Engage in Proactive Communications DISCUSSION: This Monthly report includes November 2021 data for each department in the City. The number of projects and activities reported do not reflect everything staff is doing but rather highlights things they have worked on in the past month which may be of interest to City Council and the public. This report is updated monthly and posted to the City’s website on the fourth week of each month. FISCAL IMPACT: The Monthly report has no fiscal impact. The monthly reports do not provide budgetary status. The Finance Department will continue to produce individual monthly financial reports which are separate from the Department monthly reports. ATTACHMENTS: • City Manager Monthly Department Report [Final] - November 2021(PDF) C.3 Packet Pg. 13 APPROVALS: Konrad Bolowich Completed 01/14/2022 1:49 PM City Manager Completed 01/14/2022 2:56 PM City Council Pending 01/25/2022 6:00 PM C.3 Packet Pg. 14 MONTHLY REPORT November 2021 PRESENTED BY THE CITY MANAGER’S OFFICE C.3.a Packet Pg. 15 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) C.3.a Packet Pg. 16 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) i Organizational Chart .........................................................................................1 City Clerk ...........................................................................................................2 Committee/Commissions ........................................................................7 City Manager .....................................................................................................8 Senior Center ....................................................................................... 12 Senior Bus Program ............................................................................. 15 Communications ................................................................................... 20 Planning and Development ............................................................................ 24 Code Enforcement ............................................................................... 35 Weekend Code ..................................................................................... 36 Parking/Graffiti ...................................................................................... 37 Animal Control ...................................................................................... 38 Public Works .................................................................................................. 43 Engineering Division ............................................................................. 44 Maintenance ......................................................................................... 44 Park Maintenance ................................................................................ 46 Burrtec Waste Generation Report ...................................................... N/A Public Works Administration ................................................................. 48 Sheriff’s Contract ............................................................................................ 51 Law Enforcement Services ................................................................... 52 San Bernardino County Fire ........................................................................... 54 Emergency Management Services ...................................................... 55 C.3.a Packet Pg. 17 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) CITY MANAGER Organization Chart City Manager City Clerk Planning & Development Public Works Finance Public Safety Agenda Processing Land Use Planning Engineering Accounting Fire District Elections Planning Commission NPDES Budgeting & Purchasing Law Enforcement Records Management Building & Safety Storm Drain Maintenance Payroll FPPC Filings Code Enforcement Facilities Maintenance Treasury Public Records Enforcement Program Parks Maintenance Senior Bus Program 1 C.3.a Packet Pg. 18 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) &LW\RI*UDQG7HUUDFH &LW\&OHUN¶V'HSDUWPHQW &LW\&OHUN x $JHQGD3URFHVVLQJ x (OHFWLRQV x 5HFRUGV0DQDJHPHQW x )33&)LOLQJV x 3XEOLF5HFRUGV 2 C.3.a Packet Pg. 19 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) DATE: January 14, 2022 TO: City Manager’s Office FROM: Debra Thomas, City Clerk City Clerk’s Office SUBJECT: NOVEMBER 2021 CITY CLERK MONTHLY REPORT This monthly report is presented to the City Manager to keep him informed of the activities and responsibilities within the City Clerk’s Department over the last six (6) months. The City Clerk’s Office is staffed with one position that includes the City Clerk. The primary responsibilities for this department are Council Support Services, Records Management, Administrative Processing, Board Administration and Election Services. Each of these functions require a collaborative effort between the department staff to ensure that all components within the process are completed from origin to file. As the official records manager for all City documents it is imperative that this process be accurate to ensure the preservation of the City’s history. AGENDAS/POSTINGS The City Clerk is responsible for preparing agendas and postings for all City Council Regular and Special Meetings, as well as for the Housing Authority and Successor Agency to the Community Redevelopment Agency. The total number of agendas processed for the November 2021 is two (2) , spending a total of sixteen (16) hours preparing the agenda packet producing 448 pages. AGENDA PROCESSING/POSTING MONTH Regular Meeting Special Meeting Totals June 2 1 3 July 2 2 4 August 2 0 2 September 2 0 2 October 2 2 4 November 1 1 2 Total Processed 11 6 17 3 C.3.a Packet Pg. 20 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) RESOLUTIONS & ORDINANCES The City Clerk is responsible for the security of all official City records including Resolutions. Additionally, it is the City Clerk’s responsibility to ensure those Resolutions are executed, certified, and published, when appropriate. It is also the responsibility of the City Clerk to ensure all City Council Ordinances presented to Council have been certified and made available for review by the public. The City Clerk must coordinate with the local adjudicated newspaper to publish Ordinance summaries for its first and second readings. The number of Resolutions processed for the month of November is one (1) and Ordinances processed for the month of November is one (1). RESOLUTIONS AND ORDINANCES PROCESSED RESOLUTIONS ORDINANCES MONTHLY TOTALS June 6 0 6 July 4 0 4 August 10 0 10 September 2 0 2 October 3 0 3 November 1 1 2 Total Processed 26 1 27 RECOGNITION ACTIVITY Its purpose is to recognize individuals, groups, and events of significance to the Grand Terrace community by the issuance of Certificates, Recognition, Acknowledgment and Commendation Pins. It is the responsibility of the City Clerk to ensure that all signatures of City Council are obtained on the document, coordinate attendance at Council meetings for the individual, group, or event representative to accept the recognition, as well as prepare Council with all necessary information to present the recognition if presentation will be held at another venue. For the month of November 2021, seven (7) Certificates of Recognitions and one (1) Proclamation were issued on behalf of the City Council. Month Certificate of Acknowledgment w/Pin Certificate of Recognition w/Pin Commendation w/Pin In Memoriam Adjournments Certificate of Participation Proclamation Total June 0 0 0 0 0 0 0 July 0 0 0 2 0 0 2 August 0 9 0 0 0 0 9 September 0 39 1 0 0 0 40 October 0 6 0 1 0 0 7 November 0 7 0 0 0 1 8 Total 0 61 1 3 0 1 66 4 C.3.a Packet Pg. 21 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) CONTRACTS AND AGREEMENTS PROCESSED The City Clerk works closely with the City Council and is responsible for processing follow-up documentation. Management of these documents include contracts and agreements, and it is the responsibility of the City Clerk to obtain signatures, distribute originals, log, scan, and file. For the month of November 2021, City Council approved one (1) agreements. CONTRACTS & AGREEMENTS PROCESSED June 3 July 3 August 2 September 2 October 1 November 1 Total 12 RECORDS REQUESTS The City Clerk’s office received six (6) Requests for Copies of Public Records for the month of November 2021. These requests were completed within the Government Code Section 6253(c)’s requirement of ten (10) calendar days. The total number of pages provided in response to those requests were 63. RECORDS REQUEST SUMMARY Month Requests Received Completed Within 10 Days Completed with 14-Day Extension # of Pages Provided Letter to Requestor – No Records June 9 9 0 284 2 July 9 9 0 342 2 August 11 11 0 398 1 September 7 7 0 45 1 October 14 13 1 130 5 November 6 6 0 63 2 Total Requests 56 55 1 1,262 13 5 C.3.a Packet Pg. 22 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) CUSTOMER SERVICE – TELEPHONE CALLS The City Clerk is responsible for receiving and responding to inquiries and external customer service requests, communicating, coordinating, and responding to internal department requests, external agency cooperation and legislative bodies. For the month of November 2021, the City Clerk’s office responded to 290 telephone calls from residents, contractors, vendors, consultants, and in-house customer service assistance to City staff. TELEPHONE CUSTOMER SERVICE June 279 July 286 August 252 September 278 October 288 November 290 Total Calls 1,673 HISTORICAL & CULTURAL COMMITTEE ACTIVITY The Historical and Cultural Activities Committee preserves the history of Grand Terrace and facilitates cultural activities for the benefit of all citizens in the City. The City Clerk serves as a liaison facilitating communication between the committee and City Manager and City Council, maintains the committee minutes of its proceedings and provides support for the Annual Art Show, Country Fair and City Birthday Party. Month Committee Meeting Emails w/Committee Members & Vendors Written Correspondence w/Committee Members Telephone Calls with Committee Members & Vendors Art Show/Country Fair & City Birthday Prep & Attendance Total # of Hours June 0 0 0 0 0 0 July 1 .5 .5 0 0 2.0 August 0 .5 0 0 0 .5 September 0 .5 0 0 0 .5 October 1 .5 0 .25 0 1.75 November 1 .5 0 .25 0 1.75 TOTAL # HOURS 3.0 2.5 .5 .5 0 6.5 6 C.3.a Packet Pg. 23 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) COMMITTEES/COMMISSIONS The City Clerk is responsible for maintaining Appointed Committee/Commission Rosters and ensuring that all information is current and up-to-date for each. Listed below are the number of current Appointed City Committees/Commissions, including the number of alternates and vacancies that may exist: COMMITTEES/COMMISSIONS # OF MEMBERS # OF ALTERNATES # OF VACANCIES Historical & Cultural Activities Committee 7 0 0 Planning Commission 5 0 0 Parks & Recreation Committee 5 0 0 7 C.3.a Packet Pg. 24 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) &LW\RI*UDQG7HUUDFH &LW\0DQDJHU¶V2IILFH &LW\0DQDJHU¶V2IILFH x &LW\0DQDJHU¶V2IILFH x +XPDQ5HVRXUFHV x 6HQLRU&HQWHU 8 C.3.a Packet Pg. 25 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) DATE: January 14, 2021 TO: Konrad Bolowich, City Manager City Manager’s Office FROM: Debra L. Thomas, City Clerk SUBJECT: November-2021 Monthly Services Report This monthly report is presented to the City Manager to keep the City Manager and Policy Makers informed of the activities within the City Manager’s Office and programs administered by the office to meet service demands. The tasks and projects identified within the monthly report represent programs administered by the City Manager’s Office. The projects identified in this report do not represent the City Manager’s Office’s larger policy and fiscal oversight. Reports on those issues are presented to the Council in separate and distinct reports. The attached monthly report addresses the City Manager’s Office administration of the following activities:  Human Resources  Senior Center  Finance (currently ACM is Acting Finance Director)  IT and Communications OUR MISSION To preserve and protect our community and its exceptional quality of life through thoughtful planning, within the constraints of a fiscally responsible government. OUR VISION Grand Terrace is an exceptionally safe and well managed City, known for its natural beauty and recreational opportunities; a vibrant and diverse local economy; a place where residents enjoy an outstanding quality of life that fosters pride and an engaged community, encouraging families to come and remain for generations. 9 C.3.a Packet Pg. 26 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) HUMAN RESOURCES It is the mission of human resources to support the organization in meeting its mission and goals through one of its most valuable resources - its PEOPLE. Values: Develop An attitude of teamwork and quality in our day-to-day operations and create an atmosphere that fosters camaraderie, fellowships, challenges, and safety. Increase Participation in City and community activities while seeking knowledge, enthusiasm, and an improved quality of life for ourselves, co-workers, and the community. Respect Team member values that may be different from our own and accept responsibility for promoting ethical and legal conduct in personal and business practices. Communicate In a candid and fair manner with the diverse workforce from whom our City derives its strength. CORE SERVICES 1. Hiring the most qualified employees by: pre-planning staffing needs, ensuring an effective internal interview process, conducting thorough reference checks. 2. Properly balancing the needs of the employees and the needs of the organization. 3. Ensuring a diverse workforce in a safe and discrimination/harassment free environment by: maintaining compliance with employment laws and government regulations, providing management and employee training, and developing policies and procedures. 4. Providing training and development in areas of: effective leadership and career development of employees, and, employment law and government regulation. 5. Retaining our valued employees by: assuring effective leadership qualities in our managers; furnishing technical, interpersonal and career development training and coaching; supplying relevant feedback to management; and enhancing two-way communication between employees and management. 10 C.3.a Packet Pg. 27 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) TABLE 1 Recruitment Activity Description Jul- 2021 Aug- 2021 Sept- 2021 Oct- 2021 Nov- 2021 Dec- 2021 Recruitments Initiated 3 0 2 0 0 Recruitments in Progress 3 1 1 3 1 Recruitments Pending 2 1 1 0 1 Applications Processed 129 0 49 35 0 New Hires Processed 2 0 4 4 0 Description Jan- 2022 Feb- 2022 Mar- 2022 Apr- 2022 May- 2022 Jun- 2022 Recruitments Initiated Recruitments in Progress Recruitments Pending Applications Received/Processed New Hires Processed TABLE 2 Employee Job Performance Activity Description Jul- 2021 Aug- 2021 Sept 2021 Oct- 2021 Nov- 2021 Dec- 2021 Evaluations Processed 1 0 1 3 1 Description Jan- 2021 Feb- 2021 Mar- 2021 Apr- 2021 May- 2021 Jun- 2021 Evaluations Processed 11 C.3.a Packet Pg. 28 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) SENIOR CENTER Mission: To provide recreational, educational, and social activities for the seniors in the community and to enrich our seniors lives through friendship, activities, education, and nourishment. Core Values: Seniors are recognized as a valuable asset. Seniors have the opportunity to contribute and expand their talents and knowledge. Seniors strengthen our community and benefit personally by their involvement. Seniors have access to a full spectrum of services, including social, emotional, educational, and recreational opportunities appropriate to their unique needs and interests. Seniors are treated respectfully and with dignity. Senior of all economic circumstances are served. TABLE 1 - Senior Center Activities Description Jul- 2021 Aug- 2021 Sept- 2021 Oct- 2021 Nov- 2021 Dec- 2021 Nutrition Program (# of meals served) 660 815 1,015 730 860 Homebound Meals 230 285 295 335 295 Bingo Bridge Bunco Coffee with Megan Exercise Classes Garden Club Morning Glories (quilting) Movies with Solomon Paint Classes Card Game Night (Wednesday) Zumba Kings Corner Cribbage Cell Phone Class Loteria SPECIAL EVENTS Monthly Birthday Celebration Entertainment (2nd Fri. each mo.) Volunteer Meeting Hydration Station Bus Pass Distribution 4th of July Party / Sept Pizza Party / Health Screening Christmas / Holiday Celebration Monthly Summary Attendance (Accounts for a senior participating in any activity/program. One senior may have participated in 2 or more programs, not including meals.) 12 C.3.a Packet Pg. 29 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) Description *Jan -2022 *Feb 2022 **Mar -2022 Apr- 2022 May- 2022 Jun- 2022 Nutrition Program (# of meals served) Homebound Meals Arts and Crafts Classes Bingo Bridge Bunco Coffee with Shari Exercise Classes Garden Club Morning Glories (quilting) Movies with Solomon Paint Classes Card Game Night (Wednesday) Zumba Kings Corner Cribbage Cell Phone Class Loteria SPECIAL EVENTS Monthly Birthday Celebration Entertainment (2nd Fri. each mo.) Volunteer Meeting Hydration Station Bus Pass Distribution 4th of July Party / Sept Pizza Party Health Screening Monthly Summary Attendance (Accounts for a senior participating in any activity/program. One senior may have participated in 2 or more programs, not including meals.) ** - Due to COVID-19, the Senior Center will only be providing limited meals. 13 C.3.a Packet Pg. 30 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) 1 0 100 200 300 400 500 600 700 800 900 July August September October November December 660 815 1015 730 860 230 285 295 335 295 Senior Center (2021 -22) July-2021 -December-2021 # of Meals Served Homebound Meals 0 100 200 300 400 500 600 700 800 900 January February March April May June 0 0 0 0 0 000000 0 Senior Center (2021-22) January-2022 -June-2022** # of Meals Served Homebound Meals ** - Due to COVID-19, the Senior Center will only be providing limited meals. 14 C.3.a Packet Pg. 31 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) TABLE 2 Senior Center Blue Mountain Silver Liner # of Passengers Description Jul- 2021 Aug- 2021 Sept- 2021 Oct- 2021 Nov- 2021 Dec- 2021 Within City Limits (Senior Center, Stater Brothers, Library) 324 441 407 209 373 0 Outside City Limits (Walmart, 99cent store, Ross) 0 0 0 0 0 0 Special Events/Trips 0 0 0 0 0 0 Description Jan- 2022 Feb- 2022 Mar- 2022 Apr- 2022 May- 2022 Jun- 2022 Within City Limits (Senior Center, Stater Brothers, Library) 0 0 0 0 0 0 Outside City Limits (Walmart, 99cent store, Ross) 0 0 0 0 0 0 Special Events/Trips 0 0 0 0 0 0 TABLE 3 # of Rides Description Jul- 2021 Aug- 2021 Sept- 2021 Oct- 2021 Nov- 2021 Dec- 2021 Within City Limits (Senior Center, Stater Brothers, Library) 652 879 835 418 756 0 Outside City Limits (Walmart, 99cent store, Ross) 0 0 0 0 0 0 Special Events/Trips 0 0 0 0 0 0 Description Jan- 2022 Feb- 2022 Mar- 2022 Apr- 2022 May- 2022 Jun- 2022 Within City Limits (Senior Center, Stater Brothers, Library) 0 0 0 0 0 0 Outside City Limits (Walmart, 99cent store, Ross) 0 0 0 0 0 0 Special Events/Trips 0 0 0 0 0 0 15 C.3.a Packet Pg. 32 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) 0 50 100 150 200 250 300 July August September October November December 324 441 407 209 373 0 652 879 835 418 756 0 Senior Transportation July-2021 -December-2021 # of Passengers # of Rides 0 50 100 150 200 250 300 January February March April May June 0 0 0 0 0 000000 0 Senior Transportation January-2022 -June -2022 # of Passengers # of Rides 16 C.3.a Packet Pg. 33 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) Oc-17 7%5% FINANCE Mission: To efficiently and effectively manage the City’s finances, preserve its assets by conforming to the highest ethical standards, implement sound internal controls, and provide meaningful, timely, and accurate financial reporting. Values: Transparency (Accessibility of Information): The Finance Department will ensure openness, clarity and comprehensibility when providing reliable, relevant, and timely financial information to the public. Integrity (Reliability on Information Provided): The Finance Department commits adherence to the highest ethical standards. The financial services provided will be honest, fair, and unbiased. Quality (Commitment to Excellence): The Finance Department will deliver financial services expeditiously and provide valuable support services to other departments and the community. Teamwork (Mutual Respect and Cooperation): The Finance Department will work together collaboratively with others, recognize the role and contribution each person makes, and provide assistance as necessary to achieve the City’s 2030 Mission, Vision and Goals. CORE SERVICES The Finance Department has 4 core services: Accounting, Purchasing, Revenue Management and Treasury. The Finance Department works in partnership with other departments to effectively develop, manage and safeguard the City’s fiscal resources to enable and enhance the delivery of City services and projects. 1. Disbursements – to facilitate timely and accurate payments of the City’s financial obligations which includes vendor payments, employee and resident reimbursements, and payroll. 2. Financial Reporting – to provide accurate and meaningful reporting on the City’s financial condition through the City’s monthly and annual financial reports. 3. Purchasing – to authorize the purchase of quality products in a cost-effective manner. 4. Revenue and Treasury Management – to bill and collect revenue while providing cost- effective financing, investments, and cash collection of the City’s resources to enhance the City’s financial condition. 17 C.3.a Packet Pg. 34 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) TABLE 1 Financial Activity Description Jul- 2021 Aug- 2021 Sept- 2021 Oct- 2021 Nov- 2021 Dec- 2021 Invoices Processed 165 124 145 136 120 Checks Issued 76 88 86 108 72 Purchase Orders Established 18 10 12 10 9 Revenue Receipts Recorded 22 31 45 57 47 Description Jan- 2022 Feb- 2022 Mar- 2022 Apr- 2022 May- 2022 Jun- 2022 Invoices Processed Checks Issued Purchase Orders Established Revenue Receipts Recorded 165 76 18 22 124 88 10 31 145 86 12 45 136 108 10 57 120 72 9 47 0 25 50 75 100 125 150 175 Invoices Processed Checks Issued P.Os Established Revenue Receipts Recorded Financial Activity Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 18 C.3.a Packet Pg. 35 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) FINANCIAL REPORTS SUBMITTED TO CITY COUNCIL: Monthly: 1. Check Register; and 2. General Fund Monthly Financial Report (revenues less expenditures). Quarterly: 1. Business License Report; and 2. Treasurer’s Report (current cash flow and fund balance); and 3. 1st Quarter, Mid-Year and Year-end Financial Reports (General Fund). Annual: Audited Annual Financial Reports for the following: 1. City – all Funds; 2. Measure I – Fund 20; 3. Air Quality Management District (AQMD) – Fund 15; and 4. Housing Authority- Fund 52. 0 0.2 0.4 0.6 0.8 1 1.2 Invoices Processed Checks Issued P.Os Established Revenue Receipts Recorded Financial Activity Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 19 C.3.a Packet Pg. 36 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) COMMUNICATIONS Mission: To develop, implement and provide comprehensive internal and external communications for the City and its community. Core Services: Plan, organize and disseminate timely and accurate information and promote awareness of City operations, services, programs, projects, events, and issues to the community. Promote and provide positive and proactive media relations for the City. Disseminate news materials in a timely manner. Initiate and write press releases, public service announcements, articles, and websites for media distribution. Maintain and improve the City’s website for distributing mass media information under various situations. Channel 3: Jul Aug Sep Oct Nov Dec City Council Meeting Replays 2 2 2 2 1 Activities/Items Added to Slideshow 0 0 0 0 0 Channel 3: Jan Feb Mar Apr May Jun City Council Meeting Replays Activities/Items Added to Slideshow Eblast Jul Aug Sep Oct Nov Dec Number of E-newsletters Distributed 3 4 1 2 1 Number of Subscribers 865 866 872 873 874 Change in Subscribers 35 1 6 1 1 Number of E-newsletters Opened* No Data No Data No Data No Data No Data No Data Eblast Jan Feb Mar Apr May Jun Number of E-newsletters Distributed Number of Subscribers Change in Subscribers Number of E-newsletters Opened* No Data No Data No Data No Data No Data No Data * New e-newsletter management system does not currently track emails opened. 2021-2022 City Communications Data: 20 C.3.a Packet Pg. 37 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) Facebook Jul Aug Sep Oct Nov Dec Posts 3 4 0 8 3 Total Reach* 4,068 5,794 0 7,290 2,126 Total Engagement** 376 608 0 716 104 Page Followers 2,540 2,541 2560 2,583 2,601 New Page Followers 9 1 19 23 18 Facebook Jan Feb Mar Apr May Jun Posts Total Reach Total Engagement Page Followers New Page Followers * Reach refers to the number of unique people to have seen a post's content. ** Engagement refers to interactions with a post, such as post clicks, Likes, Comments or Shares. 5 Most Popular City Facebook Pages (By % of population) – San Bernardino County % of Pop. 1) Twentynine Palms 30.39% 2) Apple Valley 24.43% 3) Yucca Valley 24.60% 4) Grand Terrace 20.57% 5) Hesperia 15.96% 2,540 2,541 2,560 2,583 2,601 2,300 2,550 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 FACEBOOK PAGE FOLLOWERS 21 C.3.a Packet Pg. 38 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) Twitter Jul Aug Sep Oct Nov Dec Tweets 0 0 0 0 0 Impressions 740 1,085 475 294 328 Followers 334 333 334 339 340 New Followers 3 -1 1 5 1 Twitter Jan Feb Mar Apr May Jun Tweets Impressions Followers New Followers YouTube Jul Aug Sep Oct Nov Dec Video Uploads 2 2 2 2 1 Video Views 88 86 56 60 62 Subscribers 171 171 171 172 172 Change in Subscribers -1 0 0 1 0 YouTube Jan Feb Mar Apr May Jun Video Uploads Video Views Subscribers Change in Subscribers *** Impressions refers to the number of times a tweet has been seen. 334 333 334 339 340 300 325 350 375 400 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 TWITTER PAGE FOLLOWERS 22 C.3.a Packet Pg. 39 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) City News Jul Aug Sep Oct Nov Dec Featured (Front Page Article and Image) 1 1 1 0 1 Articles 5 0 0 0 1 1/2-Page Ad 0 0 0 0 1 1/4-Page Ad 1 1 1 0 0 City News Jan Feb Mar Apr May Jun Featured (Front Page Article and Image) Articles 1/2-Page Ad 1/4-Page Ad AM 1640 Jul Aug Sep Oct Nov Dec Advertisement of City Events 0 0 0 4 1 AM 1640 Jan Feb Mar Apr May Jun Advertisement of City Events Burrtec Newsletter Jul Aug Sep Oct Nov Dec Bi-Monthly Newsletter 1 0 1 0 1 Burrtec Newsletter Jan Feb Mar Apr May Jun Bi-Monthly Newsletter 23 C.3.a Packet Pg. 40 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) &LW\RI*UDQG7HUUDFH 3ODQQLQJDQG'HYHORSPHQW6HUYLFHV'HSDUWPHQW 3ODQQLQJ 'HYHORSPHQW x /DQG8VH3ODQQLQJ x 3ODQQLQJ&RPPLVVLRQ x %XLOGLQJ 6DIHW\ x &RGH(QIRUFHPHQW x (QIRUFHPHQW3URJUDP 24 C.3.a Packet Pg. 41 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) DATE: January 14, 2022 TO: Konrad Bolowich, City Manager City Manager’s Office FROM: Planning Division SUBJECT: November 2021 PLANNING DIVISION MONTHLY REPORT This monthly report is presented to the City Manager to keep him informed of the activities within the Planning Division. OUR MISSION To preserve and protect our community and its exceptional quality of life through thoughtful planning, within the constraints of a fiscally responsible government. OUR VISION Grand Terrace is an exceptionally safe and well managed City, known for its natural beauty and recreational opportunities; a vibrant and diverse local economy; a place where residents enjoy an outstanding quality of life that fosters pride and an engaged community, encouraging families to come and remain for generations. PLANNING DIVISION Planning Core Services  Permit New Businesses  Permit Alterations to Existing Uses  Zoning Code & General Plan Administration  RDA Dissolution  Planning Commission  Plan Review The Planning Division is budgeted for one full time Director, one full time Associate Planner and one full time Assistant Planner. All positions are filled and together constitute a minimum of 480 monthly service hours. Activity Summary for Planning 25 C.3.a Packet Pg. 42 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) Planning Counter Requests for Information: 44 Planning Phone Calls Received: 125 Planning E-mails Received/Answered: 1122 FEMA/COVID-19/SBC OES: Related E-mails Received: 47 Application Summary The Planning Division received 8 new applications in November and carried over 16 from the previous month. Five applications were deemed complete and were fully executed. Minor applications such as a new business, patio cover, or small room additions are handled as a Land Use application and typically processed within 2-3 days. Larger additions over 500 square feet or second dwelling units are handled administratively by staff with noticing, and those projects that are either new development or exceed the Director’s administrative authority are handled as Major Permits and are reviewed by the Planning Commission. Home occupation permits are for home based business, such as consulting, housekeeping, and small craft businesses. Application Summary for November 2021 Applications Number Received Carried Over Completed Under Review Major 1 12 0 13 Administrative 0 1 0 1 Land Use 5 3 5 3 Home Occupation 1 0 0 1 Sign 1 0 0 1 Special Event 0 0 0 0 DAB 0 0 0 0 Total 8 16 4 19 0 2 4 6 8 10 12 14 Major Administrative Land Use Home Occupation Sign Special Event DAB Applications Received and Carried Over in November 2021 Under Review Completed Carried Over Received 26 C.3.a Packet Pg. 43 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) Applications Received, Approved and/or Under Review. Fiscal year 2021-2022 to date the Planning Division has received 56 applications for review, 19 applications remained under review from previous months. A comprehensive list of the applications and their status is at the end of the Planning Division’s report. One Land Use applications for a new business was received in the month of November, “Complexions by Hope” (Beauty Services). Overall Land Use applications are the most predominant applications that the Planning Division processes. Five Land Use applications were received in November. 0 5 10 15 20 25 30 35 40 45 Major Administrative Land Use Home Occupation Signs Special Event DAB Zoning Verification Applications Received Fiscal Year to Date July August September October November December January February March April May June 11 1 2 Land Use Application Wall/Fence New business Minor Improvements Temporary Uses/Special Events 27 C.3.a Packet Pg. 44 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) Projects in Plan Check or Under Construction Date Submitted Case No. Applicant Description Location Status 11/2/2020 SA 20-08 CUP 21-01 V 20-01 LM 20-2 E 20-08 Bickel Group Multi-Tenant Commercial APN’s:0275- 242-10, 11 Approved by the Planning Commission on 3/18/2021 05-15-2021 – Construction drawings submitted At the public hearing held on March 18, 2021, the Planning Commission adopted Resolution 2021-01, approving the construction of a 5,342 square-foot Multi-tenant Shopping Center on 0.88-aces. There were no appeals made during the public hearing. 3/29/2019 SA 19-04 E 19-03 Leonardo and Anel Aguayo Single Family Residence 0275-083-09 Under Construction At the public hearing held on June 6, 2019, the Planning Commission adopted a Resolution 2019-07, approving the construction of a 3,627-square foot single family home on a 0.48- acre lot. There were no appeals made during the public hearing. 5/11/2018 ASA 18-06 E 18-06 Tim Boyes Two lots Grading Plans 0276-431-21, 22 Under Construction On august 16, 2018, the Planning and Development Services Department approved the rough grading for two lots located on the west side of Vista Grande Way, north of Grand Terrace Road. 11/15/2020 SA 17-04 E 17-09 Todd Kesseler Single Family Residence 23400 Westwood Street Under Construction At the public hearing held on April 18, 2019, the Planning Commission adopted Resolution 2019-06, approving the construction of a 3,884-square foot single family home on a 1-acre lot. There were no appeals made during the public hearing Development Advisory Board (DAB) The Development Advisory Board is made up of the Planning and Development Services Director, Public Works Director, Consultant Building Official, Fire Marshal’s Office, the RHWCO Superintendent, and Colton Wastewater. The DAB meets to review conceptual plans for various projects and new development applications, and is conducted free of charge. No DAB meetings took place in the month of November. Planning Commission The Planning Commission reviews new construction, subdivisions, variances and conditional use permits. They also make recommendations on zone changes, zoning code amendments, and general plan changes. No Planning Commission Meetings were held in the month of November. Conforming Uses and Grants 28 C.3.a Packet Pg. 45 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) The City was awarded funding for its Blue Mountain Trailhead and Trail application and continues to implement the grant. Staff was informed that through the efforts of Assembly Member Reyes, the City is the recipient of a $1.2 Million Dollar Specified Grant for the acquisition and development of the Blue Mountain Trail and Trailhead. This grant is funded through the State Budget and is non-competitive. Staff met with State representatives on August 15, 2019. Grant Status Grant Amount Blue Mountain Trailhead and Trail Grant Submitted on October 1, 2017. Site visit completed in November 2017. Awarded. Community workshop held on 4/11/2019. Community workshop #2 – July 19, 2021 $212,500 (Estimated Project cost $520,000) Specified Grant - Blue Mountain Trailhead and Trail Grant Non Competitive. Staff met with State Representatives and on August 15, 2019 and March 18, 2020– Property being negotiated with owner for access easement. 05-12-2021 - Interactive website presentation update by Hirsch and Associates $1.2 Million Local Early Access Planning Grant (LEAP) Over-the-counter grant complemented with technical assistance for the preparation and adoption of the sixth- cycle Regional Housing Needs Assessment and the City’s Housing Element. $65,000 Regional Early Access Planning Grant (REAP) One-time grant funding to regional governments and regional entities for planning activities that will accelerate housing production and facilitate. Staff support for the Housing Element. Community Emergency Response Team Due to COVID-19 social distancing restrictions, CERT meetings have been held via zoom. The regular CERT volunteer meeting was cancelled for the month of November. 29 C.3.a Packet Pg. 46 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) Attachment to Planning Division’s Report Applications Received, Approved and/or Under Review Major Applications - Site and Architectural Review Date Submitted Case No. Applicant Description Location Status 11/17/2021 SA 21-09 CUP 21-06 E 21-07 V 21-02 SP 21-01 Sunoil Retail Group Gas Station 22505 Barton Road APN:1178-011-07 Project Submitted 11/17/2021 The application is proposing the construction of a 2,660 square foot gas station and convenience store on a .36-acre parcel located at 22505 Barton Road (APN: 1178-011- 07-0000), zoned Barton Road Specific Plan, Village Commercial. The proposed gas station will have (4) four fueling stations pumps provides regular, diesel, and E85 fuels; the convenience store will consist of providing fresh hot, cold, and prepackaged items. The project will also include two community outdoor area. Access to public street through Mount Vernon and Barton Road. 9/10/2021 SA 21-08 E 21-05 Carli Norris Single Family Residence APN:0276-421-27 Project Submitted Deemed Incomplete on 10/14/2021 4/28/2021 TTM 21-01 SA 21-05 E 21-03 Tony Jara Six Lot Subdivision and Five Single Family Residences 11899 Rosedale Avenue Project Submitted Deemed Incomplete on 6/7/2021 Tony Jara (“Applicant”) representing Jay Gees, LLC submitted the above applications proposing to subdivide 3.8 acres into 6 single family lots. Each lot will have an approximate 2,800 square foot home and the minimum lot size will be of 20,000 square feet. One of the six lots will include the existing residence located on the west side of the property, fronting Rosedale Avenue. The property is zoned R1-20-V, Very Low Density Single Family Residential with an Agricultural Overlay District, and designated Low Density Residential on the General Plan Land Use Map. 3/31/2021 SA 21-03 CUP 21-03 E 21-02 Yakuta Enterprises Convert Single Family to Multifamily 22756 Palm Avenue Deemed Incomplete and inconsistent the zoning 5/7/2021 Derek Wang of Yukata Enterprises, Inc. submitted the above applications proposing to convert an existing 1,371 square foot nonconforming residence to a multifamily duplex on a 0.32-acre lot. The site improvements will include façade improvements, curb, sidewalk, streetscape, pathway from the sidewalk to each unit, front lawn landscape, driveway and required parking. The property is zoned Barton Road Specific Plan, Office Professional. 11/25/2020 SA 20-09 CUP 20-02 E 20-09 Condor Energy Storage Battery Energy Storage Site APN:1167-151-77 (Generally located near the corner of Main Street and Taylor Street) Deemed Incomplete on 1/22/2021, New Concept Resubmittal Received on 3/8/2021 - 30 C.3.a Packet Pg. 47 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) Anticipated PC Third quarter 2021 Second Incompleteness Letter issued 4/8/2021 Resubmittal on 10/4/2021 Public Outreach Workshop – 11/02/2021 Anticipated PC 12/02/2021 Condor Energy Storage, LLC (“Applicant”) represented by Keith Latham is proposing to construct a 200-megawatt battery energy storage system (BESS) located on approximately a 10-acre parcel land. The proposed project will consist of lithium-ion energy batteries installed with racks, inverters, switchgear, and other associated equipment to directly interconnect into the Southern California Edison (SCE) Highgrove Substation located directly north of the proposed property. The site will have remote operational control and periodic inspections and maintenance will be performed, as necessary. The project improvements will include, but are not limited to perimeter wall and fencing, perimeter landscaping, underground electrical cabling, concrete pad for the electrical equipment, and street improvements. An initial environmental study is being prepared by MIG Consultants. The property is zoned M2 (Industrial). 8/12/2020 GPA 20-02 SPA 20-02 SA 20-03 CUP 20-01 E 2-03 Greens INV 15 LLC 22317, 22273, 22293 Barton Road Multi Family, Hotel, Restaurant Retail Deemed Incomplete on 9/23/2020 – Anticipated PC – first quarter 2022 Greens INV 15, LLC represented by Andrew Walcker is proposing to develop an approximate 4.68-acre lot. The project will include a 1.78-acre commercial site, including a 4-story hotel and potential restaurant or retail uses on the north side of the property. A 2.9-acre multi-family residential development is proposed on the south side of the property, to include 7 multi-family buildings and amenities. The site improvements include parking, drive thru, landscaping, trash enclosures, loading areas, access, and street improvements. The site is located on the Barton Road Specific Plan, General Commercial zoning. A Specific Plan Amendment update for Barton Road is being prepared and an expanded environmental is also being prepared by Michael Baker to support the development. 3/16/2020 GPA 20-01 ZCA 20-01 Darryl Moore Change of Zoning from R1- 7.2 to R2 12266 Michigan Street Project placed on hold per Applicant Aegis Builders is proposing to develop a 4.5-acre residential infill project. The applicant is proposing a General Plan Amendment and Zoning Code Amendment to change the zoning from R1-7.2 Single Family Residential to R2-Low Medium Density Residential and to reduce the minimum 3-acre lot size requirement for the existing church to 2-acres. The proposal includes a Tentative Tract Map subdivision of 22 residential lots and a 2- acre lot for the existing church. A Specific Plan has been submitted as part of the 22 residential housing development. The proposed two-story homes will vary in size between 2,766 square feet to 4,593 square feet and the lots will range in size from about 3,000 square feet to about 5,400 square feet. The project has been placed on hold by the request of the applicant. 3/16/2020 SA 20-02 Darryl Moore 22 single Homes 122667 Michigan Project placed 31 C.3.a Packet Pg. 48 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) TTM 20-01 SP 20-01 E 20-02 and TTM Street on hold per Applicant Aegis Builders is proposing to develop a 4.5-acre residential infill project. The applicant is proposing a General Plan Amendment and Zoning Code Amendment to change the zoning from R1-7.2 Single Family Residential to R2-Low Medium Density Residential and to reduce the minimum 3-acre lot size requirement for the existing church to 2-acres. The proposal includes a Tentative Tract Map subdivision of 22 residential lots and a 2- acre lot for the existing church. A Specific Plan has been submitted as part of the 22 residential housing development. The proposed two-story homes will vary in size between 2,766 square feet to 4,593 square feet and the lots will range in size from about 3,000 square feet to about 5,400 square feet. The project has been placed on hold by the request of the applicant. 5/31/2019 SA 19-05 CUP 19-04 E 19-06 ZC 19-01 MD 19-01 Edwin Renewable Fuels Plastic Recycling and office/educational uses 21801 Barton Road Deemed Incomplete on 6/26/2019. Resubmitted Plans received on 6/2/2020 were distributed for review Staff continues to work with Applicant. Edwin Renewable Fuels is proposing to construct an 80,898 square-foot, 42-foot high industrial building for cardboard and plastic recycling, conversion of plastics into fuel, storage of fuel and transport of fuels off-site. The site measures approximately 5.44-acres and it is zoned M2-Industrial. The applicant is currently working with AQMD on permitting compliance. 10/2/2018 SA 18-09 TTM 18-02 V 18-01 E 18-08 Aegis Builders, Inc 16 Apartments 11695 Canal Street Deemed Incomplete on 10/31/2018 & 3/26/2019 Resubmittal and Incomplete on 7/23/2020 Resubmittal received on 11/11/2020. Deemed Incomplete on 12/10/2020 – Resubmittal Received 11/12/2021 Aegis Builders is proposing a 16-unit apartment community development on 0.82-acres. The design consists of sixteen (16) 2-story apartments arranged in 3 buildings, including 2 efficiency studio units, 2 one-bedroom units, 6 two-bedroom units, and 6 three-bedroom units. The Project site is triangularly shaped and does not have direct access to a public street. Access to the public street will be across the Gage Canal property. The City of Grand Terrace has been interfacing with the City of Riverside, owner of the Gage Canal, and has assured access to the parcel which has historical rights of access over the canal. The property is zoned R3-20-Medium High Density Residential. 3/27/2018 SA 18-04 E 17-10 Lewis Development Residential Project (707 1167-151-22, 68, 71, 73, 74, 75 DEIR anticipated for 32 C.3.a Packet Pg. 49 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) Homes) public review winter 2021 The Gateway Specific Plan encompasses approximately 132 acres. The Grand Terrace General Plan designates the area Mixed Use, requiring a specific plan, and Industrial. The Specific Plan proposes to designate the properties within the Specific Plan as Residential, Commercial, Business Park, and Public Facilities. The Land Use Plan includes Residential, Business Park and Public Facilities Overlays. Major Applications – Specific Plan Date Submitted Case No. Applicant Description Location Status 12/8/2017 SP 17-01 E 17-10 Lewis Development Specific Plan East side of the 215 Fwy. DEIR anticipated for public review winter 2021 The Gateway Specific Plan encompasses approximately 132 acres. The Grand Terrace General Plan designates the area Mixed Use, requiring a specific plan, and Industrial. The Specific Plan proposes to designate the properties within the Specific Plan as Residential, Commercial, Business Park, and Public Facilities. The Land Use Plan includes Residential, Business Park and Public Facilities Overlays. The Draft EIR and accompanying entitlement application is anticipated for public consideration commencing this summer (2021) Major Applications – Conditional Use Permit Date Submitted Case No. Applicant Description Location Status 1/2/2019 CUP 19-01 SA 19-03 E 19-05 GrandT-1 Inc. Industrial Semi- Trailer Storage Facility APN: 0275- 191-06, 30 Approved – Grading plans submitted. Community Benefit Agreement in Review The project was approved by the City Council on August 25, 2020, upholding the Planning Commission determination to establish an industrial semi-trailer storage facility on approximately 22 acres. A maximum of 650 total semi-trailers, shipping and storage containers and chassis will be stored on the site at any given time. A 900 square foot caretaker’s admin office and a 4,800 square foot maintenance building will be constructed under an administrative submittal. The site is zoned M2-Industrial, the AG-2 Overlay District, and the FP-Floodplain Overlay District. The Community Benefit Agreement is in review. A rough grading permit has been issued. 9/17/2017 CUP 17-08 E 17-07 National Logistics Team Recycling Pallets 21496 Main Street Anticipate hearing date summer 2022 The applicant is proposing a recycling use whereby recyclable wood for dismantling, sorting, and packing arrives in the site and is re-used to create wood pallets. The use is proposed on a 3.7-acre parcel zoned M2-Industrial. An existing 6,420 square foot. office will be used for office purposes, a 2,400 square foot. metal shop and four 3-sided work canopies will be used for recycling activities. 33 C.3.a Packet Pg. 50 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) Administrative Applications Date Submitted Case No. Applicant Description Location Status 9/3/2021 ASA 21-07 ACUP 21-05 E 21-04 Grant T-1 Inc. 900 sq. ft. Office Trailer 11731 Terrace Avenue Approved 10/07/207 Pending Plan Submittal 6/29/2021 ASA 21-06 Paul Bustos Enclose (E) Loading Area, Addition 22069 Van Burren In Review 11/7/2019 ASA 19-11 E 19-12 Paul Bustos Willdan Pump Parking Lot Addition 22038 Van Buren – Approved 09/27/2021 Under Building & Safety Plan Review Land Use Review Date Submitted Case No. Applicant Description Location Status 11/19/2021 LU 21-117 Hope Disney New Business 12210 Michigan Unit A Approved 11/15/2021 LU 21-116 Timothy Herie New Light Pole 22456 Barton Road In Review 11/15/2021 LU 21-115 Jose Alcala Temp POD 2304 DeBerry Approved 11/09/2021 LU 21-114 Chris Walkins Roof Faucaud 12040 La Cadena Dr Approved 11/4/2021 LU 21-113 Anel Aguayo Retaining Wall 22365 Barton Road Approved 10/22/2021 LU 21-112 Johan Gallo Cars & Coffee (Monthly Event) 22365 Barton Road In Review Tentative PC 12/02/2021 9/29/2021 LU 21-103 Travis Park Temporary Outdoor Use 21801 Barton Road Approved Temporary Use 11/08/2021 8/20/2020 LU 20-51 Alton Green Retaining Wall 22081 De Berry Street Deemed Incomplete on 11/17/2021 Sign Application Date Submitted Case No. Applicant Description Location Status 10/22/2021 SGN 21-09 Marisol Chavarria Monument Sign 12420 Mt Vernon In Review 34 C.3.a Packet Pg. 51 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) City of Grand Terrace Planning and Development Services Department . DATE: January 14, 2022 TO: Konrad Bolowich, City Manager City Manager’s Office FROM: Luis Gardea, Building Official Planning and Development Services Department SUBJECT: NOVEMBER 2021 PLANNING AND DEVELOPMENT SERVICES MONTHLY REPORT This monthly report is presented to the City Manager to keep him informed of the activities within the Planning and Development Services Department, comprised of Planning, Building and Safety, Code Enforcement, and Animal Control. OUR MISSION To preserve and protect our community and its exceptional quality of life through thoughtful planning, within the constraints of a fiscally responsible government. OUR VISION Grand Terrace is an exceptionally safe and well managed City, known for its natural beauty and recreational opportunities; a vibrant and diverse local economy; a place where residents enjoy an outstanding quality of life that fosters pride and an engaged community, encouraging families to come and remain for generations. BUILDING AND SAFETY DIVISION Building and Safety and Planning Core Services ➢ Permit New Businesses ➢ Permit Alterations to Existing Uses ➢ Zoning Code & General Plan Administration ➢ RDA Dissolution ➢ Planning Commission ➢ Building Permit Issuance ➢ Building Plans Review & Inspections 35 C.3.a Packet Pg. 52 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) Planning and Development Services Page 2 of 6 The Building and Safety Division is budgeted for one full time Permit Technician and one full time Building Official. These two positions constitute up to 240 monthly service hours. Additionally, the Department budgets for plan checking and inspection services through a contract with Willdan Engineering. Inspection services are conducted on-call as needed by staff. The cost of these services is offset through the collection of fees and deposits. Activity Summary for Building and Safety Building Permit Activity includes 42 permits issued in November. Year to date a total of 185 permits have been issued with a total revenue of $65,524.64. In addition, a total number of 45 customers were assisted at the Building & Safety counter for the month of November. Monthly Revenue Year to Date Revenue $17,789.28 $65,524.64 Permits Issued Permits issued in November include, HVAC replacements, block walls, re-roofs, PV solar, and construction of an accessory dwelling unit. Permits issued also included installation of underground electrical for future lighting and site improvements at 11731 Terrace Avenue for a proposed trailer yard. Permit Activity -November 2021 Applications recv'd (39)Permits issued (42) Permits final (4)Business Occupancies (0) Expired Permits (18) Permit Activity -Year to Date Applications recv'd (200)Permits issued (185) Permits final (95)Business Occupancies (6) Expired Permits (31) 36 C.3.a Packet Pg. 53 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) Planning and Development Services Page 3 of 6 * Residential Alteration / Repair consists of: Remodels, Room Additions, Stucco / Siding Work, Interior Demolition / Construction of Walls, Windows, Garage Doors. * Residential Alteration / Repair consists of: Remodels, Room Additions, Stucco / Siding Work, Interior Demolition / Construction of Walls, Windows, Garage Doors. Residential Permits Issued-November 2021 (N) SFR (0)Block Wall (1)Reroofs (5)Water Heater / Plumbing (1) HVAC Mechanical (8)Solar (12)Panel Upgrades / Electrical (4)Patio Covers (0) Res. Alteration / Addition (10)Pool Spa (0) Residential Permits Issued-Year to Date FY 2021-2022 SFR New (0)Block Walls / Retaining Walls (10)Reroofs (25) Water Heater / Plumbing (8)HVAC Mechanical (28)Solar (56) Panel Upgrades / Electrical (18)Patio Covers (8)Residential Alteration / Repair (23) Pools/Spa (3)Grading (0) 37 C.3.a Packet Pg. 54 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) Planning and Development Services Page 4 of 6 Inspections A total of 78 inspections were conducted in September, with 40 of them being final inspections. Commercial Permits Issued -Year to Date FY 2021-22 Commercial Tenant Improvement (1)Signs (2) Electrical (1)Demolition (1) Grading (0)New Commerical (0) 0 50 100 150 200 250 300 350 BUILDING ELECTRICAL MECHANICAL PLUMBING DEMOLITION TOTAL NUMBER OF INSPECTIONS CONDUCTED July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June 38 C.3.a Packet Pg. 55 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) Planning and Development Services Page 5 of 6 Major Projects Under Construction Major projects under construction include a tenant improvement for an adult day care “St. Christopher Adult Day Care Center” located at 22400 Barton Rd. Additionally, construction of two new canopies and a 140.7 kW photovoltaic solar system at Christ the Redeemer Catholic Church located at 22791 Pico St. and a tenant improvement for Mazzullis Family Kitchen located at 22320 Barton Rd. Suite C. Project Description/Location Status Anel Aguayo – 12040 La Cadena Dr. 12040 La Cadena Dr. – Precise grading for new single-family residence Drywall inspection complete – under construction Frank Randall 23400 Westwood St. 23400 Westwood St. – Precise grading & new single-family residence Under Construction – Drywall completed Pat Mazzulli 22320 Barton Rd. 22320 Barton Rd. – Tenant improvement for Mazzullis’ Family Kitchen Under Construction Karen Sanchez – 22791 Pico St. 22791 Pico St. – Build (2) new canopies and install 140.7 kW mounted PV system w/ 420 modules Under Construction – Footings completed Edward Giroux – 21891 Vivienda Ave. 21891 Vivienda Ave. – Construction of a new classic car storage, 3 – car garage, swimming pool, and block wall Under Construction – Footings completed Edna Medrano 22400 Barton Rd. 22400 Barton Rd. – Tenant improvement for an adult day care center Under Construction – Plumbing inspected Plan Checking Activity For November 2021, a total number of fifteen plans were submitted for review and re- submittal. Plans submitted include PV solar, residential remodels, and an illuminated sign. Project Description/Location Status Patrick O’Brien – 11731 Terrace Ave. 11731 Terrace Ave. – Precise grading for trailer yard and community garden In Plan Check – Provided 2nd set of corrections to applicant Bickel Group – 22200 Barton Rd. 22200 Barton Rd. – Precise grading, street improvements, and (N) 5,342 sq. ft. multitenant building – Terrace Plaza In Plan Check – Provided 2nd set of corrections to applicant Wilden Pump Co. 22069 Van Buren St. 22069 Van Buren St. – Proposed parking lot expansion, new loading docks, and tarmac building In Plan Check – Provided 2nd set of corrections to applicant Robert Morton – 22045 Barton Rd. 22045 Barton Rd. – Tenant improvement for Aibeto’s Mexican Food In Plan Check – Provided 1st set of corrections to applicant 39 C.3.a Packet Pg. 56 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) Planning and Development Services Page 6 of 6 Public Works Encroachment Permits Seven Public Works/Encroachment Permit applications were taken in for the month of November. Eight permits were issued for the month, which includes applications that were received in the previous month. 0 10 20 30 40 SoCal Gas Edison Optimum AT&T Other Total Encroachment Permits Issued July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June 40 C.3.a Packet Pg. 57 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) ANIMAL CONTROL AND CODE ENFORCEMENT DIVISION Core Services ➢ Zoning & Municipal Code Enforcement ➢ Animal Control Services ➢ Street Sweeping Traffic Enforcement ➢ Tow vehicles after 72-hours have elapsed ➢ Remove graffiti The Division is budgeted for one full time Code Enforcement Officer, Animal Control Specialist, and Office Specialist. On-call coverage is provided to manage after hour emergency animal control calls. The city is divided into seven zones, including commercial centers, and the zones are inspected on a continual rotating basis over a two-week period. A set route is driven each day in addition to the zones. The route includes Mount Vernon Avenue, Main Street, Michigan Street, Barton Road, Preston Street, Palm Avenue, Observation Drive, and Van Buren Street. Activity Summary for Code Enforcement Code Enforcement had 85 cases carried over from the previous month, 40 new cases opened, and 25 cases were closed. The Division closed out 25 cases in November. The chart below demonstrates a breakdown of Code cases by detailing how many cases were carried over from the previous month, opened, closed, and still being addressed. 71 72 73 74 75 76 77 78 79 80 88 85 36 37 38 39 40 41 42 43 44 45 44 40 28 29 30 31 32 33 34 35 36 37 68 25 79 80 81 82 83 84 85 86 87 88 85 64 DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV 2020/2021 CODE CASE Number of Cases Carried Over Number of Cases Opened Number of Cases Closed Number of Cases In Process 41 C.3.a Packet Pg. 58 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) The following table shows the number of inspections conducted, the number of citations, and corrective notices issued. *The number of corrections issued does not include vehicle related complaints, illegal dumping referred to Burrtec, or homelessness on public property referred Sheriff’s Department. For the month of September, Code Enforcement brought in $12,082.14 in reclaimed money for outstanding code fees. This is above the normal monthly amount brought in. Weekend Code Enforcement Activities The Weekend Animal Control/Code Enforcement Specialist patrols the weekends and conducts zone inspections and scheduled re-inspections. Weekend code enforcement also handles code violations such as unpermitted yard sales, open house signs, and parking violations. The table below demonstrates weekend code enforcement activities by type for this fiscal year. 6 12 21 3 3 6 7 6 1 4 5 13 22 1 3 6 22 5 0 36 25 7 20 17 4 23 12 3 15 19 24 21 11 2 19 12 5 13 4 3 4 7 4 5 2 1 3 2 23 16 10 6 15 37 26 12 0 11 16 22 7 11 2 0 11 19 0 11 0 0 0 0 29 46 5 2 0 10 20 30 40 50 Dec'20 Jan'21 Feb'21 Mar'21 Apr'21 May'21 Jun'21 July'21 Aug'21 Sep'21 Oct'21 Nov'21 Weekend Code Enforcement Graffiti Unpermitted Yard sale signs Open house and other signs Illegal Dumping Follow-up inspections Parking violations Other Public Nuisance Unpermimitted Construction Citations Dec '20 Jan '21 Feb ‘21 Mar '21 Apr '21 May '21 Jun '21 Jul '21 Aug '21 Sep '21 Oct '21 Nov '21 Inspections Conducted 77 43 24 211 270 136 40 73 64 64 100 105 Notice of Corrections Issued 23 12 13 18 24 13 20 33 20 24 27 47 Notice of Violations Issued 7 5 2 9 32 10 3 12 9 8 11 11 Citations Issued 5 2 3 14 2 14 5 4 4 6 8 14 42 C.3.a Packet Pg. 59 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) Graffiti/Vandalism/Illegal Dumping: There were 2 cases of illegal dumping and 13 cases of graffiti reported in November; all cases have been resolved. Parking Citations: In November 100 vehicle related citations were issued; 62 of the citations issued were related to street sweeping enforcement. Street Sweeping in residential areas occurs on the first, second, and third Thursdays of each month. As of June 4, 2020, Code Enforcement resumed issuing street sweeping citations for vehicles parked on the street during street sweeping hours which was suspended due to COVID-19. Other parking citations include expired registration, parking on unpaved surfaces, and commercial vehicles in residential areas. Parking citations are issued by Code Enforcement Staff, as well as Sheriff Deputies. 0 260 58 121 227 283 182 266 61 94 155 62 DEC'20 JAN'21 FEB'21 MAR'21 APR'21 MAY'21 JUN'21 JUL'21 AUG'21 SEP'21 OCT'21 NOV'21 # o f C i t a t i o n s Street Sweeping Citations Street Sweeping 43 C.3.a Packet Pg. 60 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) Non-Owner Occupied/Rental Property Program There are approximately 366 properties in the Program (number is subject to change as properties get sold or becomes owner occupied) consisting of both single-family units and multiple family units (i.e., apartments, duplexes, triplexes, and quadruplexes). Animal Control Services With the implementation of Animal Control Services, the city has instituted the practice of first making every effort to return stray dogs to its owner, by checking it for tags or microchip. If the owner cannot be identified, the city will place a photograph of the impounded animal on the City’s Facebook page so that owners can reclaim their pet. Animal Control is also working to identify animals via Facebook who have been sent to the animal shelter and have since been returned to their owner so their status can be updated for the public. If the dog is unlicensed the owner will be given a citation, but the fine is dismissed if the dog is licensed within 7 days. Dec'20 Jan'21 Feb'21 Mar'21 Apr'21 May'21 Jun'21 Jul'21 Aug'21 Sep'21 Oct'21 Nov'21 Parking in Handicap Zone 0 1 0 0 2 0 2 3 3 5 2 1 Other Parking Violations 1 5 1 0 8 20 7 13 19 30 21 13 Expired Registration/Missing plates or tabs 1 2 0 5 20 11 6 10 2 10 4 6 Vehicles Blocking Sidewalk/Driveway 0 0 0 1 3 0 2 4 6 13 17 1 Commercial Vehicle Violations 1 1 3 0 1 1 1 7 1 6 8 4 Recreational Vehicle Violations 0 2 0 1 2 2 1 1 1 3 2 4 Vehicles on Unpaved Surface 0 0 0 0 0 0 0 0 11 13 0 0 72 Hour Parking Warning/Cite 6 6 3 7 21 10 8 14 5 20 14 9 0 20 40 60 80 100 120 Parking Citations 2020/2021 44 C.3.a Packet Pg. 61 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) Riverside County Department of Animal Services stats. Animal Control Sheltering Services Dec '20 Jan '21 Feb '21 Mar '21 Apr '21 May '21 Jun '21 Jul '21 Aug '21 Sep '21 Oct '21 Nov '21 Animal Intakes Strays 7 2 18 2 4 4 10 6 2 5 2 3 Stray Dead 4 3 1 1 1 3 5 15 4 5 6 3 Owner Surrender 0 8 0 0 0 1 1 0 0 0 0 0 Other 1 0 3 5 0 0 1 0 0 0 1 0 Total 12 13 22 5 5 8 17 21 6 10 9 6 Animal Disposition Adopted 1 3 0 0 5 2 1 1 1 1 2 2 Returned to Owner 0 0 0 0 0 0 3 1 0 3 1 0 Euthanized 0 0 1 1 1 1 3 5 0 0 1 0 Other 0 0 0 0 0 2 0 1 0 0 1 2 Total 1 3 1 1 6 5 7 8 1 3 5 4 The following stats are from Grand Terrace Animal Control. Animal Control Officer Investigations Dec '20 Jan '21 Feb '21 Mar '21 Apr '21 May '21 Jun '21 Jul '21 Aug '21 Sep '21 Oct '21 Nov '21 Barking Complaints 4 1 0 1 1 2 0 1 0 0 1 2 Unlicensed Dogs 0 0 0 0 0 7 0 0 0 0 0 82 Loose Dogs 2 8 3 2 3 4 9 2 3 7 6 10 Loose Dogs Returned to Owner 0 5 2 0 3 2 0 2 0 0 7 0 Animal Welfare Check 0 1 1 1 0 1 0 8 0 3 2 0 Dead Animals 4 5 3 2 6 3 16 8 4 7 5 2 Bites 0 2 0 1 0 0 1 1 0 0 1 2 Other (unfounded, wildlife, etc.) 5 4 6 0 2 6 10 6 2 4 2 0 45 C.3.a Packet Pg. 62 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) Dog Licensing Revenue In the beginning of April, Animal Control began canvassing properties with outstanding dog licenses and leaving a door hanger with renewal information to ensure we have the most accurate count of dogs in our system. Often individuals move away from the City, and we are not notified and annually those properties are issues renewal notices as typical protocol. During this time there was an influx of individuals renewing their dog licenses and licensing new dogs. The door hanger indicated they had a month and half to renew the license, or they may risk receiving a citation. The deadline was extended from February 12th to April 1st due to COVID related issues. 0 10 20 30 40 50 60 70 80 90 DEC '20 JAN '21 FEB '21 MAR '21 APR '21 MAY '21 JUN '21 JUL '21 AUG '21 SEP '21 OCT '21 NOV '21 Animal Control Investigations Barking Complaints Unlicensed Dogs Loose Dogs Loose Dogs Returned to Owner Animal Welfare Check Dead Animals Bites Other (unfounded, wildlife, etc.) 46 C.3.a Packet Pg. 63 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) 0 $497.00 $2,015.00 $4,882.00 $2,958.50 $2,840.00 $754.00 $298.00 $817.00 $784.00 $784.00 $901.00 $2,355.00 0 1000 2000 3000 4000 5000 6000 Dec'20 Jan'21 Feb'21 Mar'21 Apr'21 May'21 Jun'21 Jul'21 Aug'21 Sep'21 Oct'21 Nov'21 Dog License Revenue (Over the Counter) $68.00 $37.00 $142.00 $110.00 $88.00 $-$-$- $88.00 $15.00 $274.00 $180.00 $- $50.00 $100.00 $150.00 $200.00 $250.00 $300.00 Dec'20 Jan'21 Feb'21 Mar'21 Apr'21 May'21 June'21 Jul'21 Aug'21 Sep'21 Oct'21 Nov'21 Dog License Revenue (Online) 47 C.3.a Packet Pg. 64 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) $565.00 $2,052.00 $5,024.00 $3,068.50 $2,928.00 $754.00 $298.00 $817.00 $872.00 $446.00 $1,175.00 $2,535.00 $- $1,000.00 $2,000.00 $3,000.00 $4,000.00 $5,000.00 $6,000.00 Dec'20 Jan'21 Feb'21 Mar'21 Apr'21 May'21 June'21 July'21 Aug'21 Sep'21 Oct'21 Nov'21 Combined Dog License Revenue 48 C.3.a Packet Pg. 65 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) &LW\RI*UDQG7HUUDFH 3XEOLF:RUNV'HSDUWPHQW 3XEOLF:RUNV x (QJLQHHULQJ x Waste Generation Report x Missed Pick-Up Report x Public Works Administration x CIP Contracts 49 C.3.a Packet Pg. 66 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) DATE: November 16, 2021 TO: KONRAD BOLOWICH, CITY MANAGER CITY MANAGER’S OFFICE FROM: PUBLIC WORKS DEPARTMENT SUBJECT: OCTOBER AND NOVEMBER 2021 - MONTHLY REPORT – PUBLIC WORKS DEPARTMENT This monthly report is presented to the City Manager to keep him informed of the activities within the Public Works Maintenance Department. Engineering Division The Engineering Division is responsible for managing the City’s Capital Improvement Program (CIP). This includes for the administration, planning, programming, design, construction management, and construction of capital projects throughout the City. Grant funding (when available) are sought after to supplement project funding. WORK RELEASE HOURS Maintenance was supplemented by 1,022 work release hours during the months of October and November. READY311 MONTHLY STATS OCTOBER AND NOVEMBER 2021 REQUEST RECEIVED THESE MONTHS MONTHS REQUEST RESOLVED THESE MONTHS REQUEST IN PROCESS READY311 WORK ORDERS ONLY 40 37 3 REQUEST ROLLOVER FROM PREVIOUS MONTHS 2 TOTAL WORK ORDERS TO BE COMPLETED 5 50 C.3.a Packet Pg. 67 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) Potholes The table below shows the potholes reported via Ready311 through the month of October And November. It takes on average 15.5 days to have a pothole repaired. Factors that contribute to delays are staffing issues, size of potholes, and readily available supplies dependent on the size of the pothole. # Open Date Repair Date # Days Location 496385 1/5/2021 01/29/2021 24 Mt Vernon Ave 496387 1/5/2021 01/29/2021 24 Mt Vernon Ave 510142 1/25/2021 01/29/2021 3 Pico St 517036 02/04/21 02/04/21 0 Van Buren Ave 517037 02/04/21 02/04/21 0 Pico St 31146 3/16/2021 4/20/2021 35 Pico St 31399 3/25/2021 5/17/2021 53 Pico St 32793 5/20/2021 Van Buren Ave 32982 5/27/2021 6/18/2021 22 Mt Vernon Ave 33154 6/4/2021 6/10/2021 6 Oriole Ave 33509 6/18/2021 6/28/2021 10 Mt Vernon Ave 33518 6/18/2021 6/28/2021 10 Oriole Ave 33573 6/21/2021 7/8/2021 17 Michigan Ave 33751 6/30/2021 8/19/2021 50 Pico Ave 34324 7/23/2021 Closed 19 Arliss Dr 34324 7/23/2021 8/11/2021 19 Arliss Dr 34659 8/4/2021 8/6/2021 2 Barton Rd 35418 8/26/2021 8/31/2021 5 Westwood St 35455 8/27/2021 8/31/2021 4 Minona Dr 35591 9/1/2021 9/2/2021 1 Grand Terrace Rd 35591 9/1/2021 9/20/2021 19 Grand Terrace Rd 36436 10/6/2021 10/18/2021 12 Arliss Dr 36606 10/13/2021 11/13/2021 31 Mt Vernon Ave 36624 10/14/2021 10/18/2021 4 Mt Vernon Ave 36922 10/31/2021 11/2/2021 2 Mirado Ave Park Shelter Reservations and Community Room Reservations Park shelter reservations have resumed, and residents must follow all of San Bernardino County Covid-19 related guidelines. Community Room reservations have opened to limited groups. 51 C.3.a Packet Pg. 68 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) Park Maintenance Park Grass mowed Full-service planter maintenance Gopher service Restroom service (a.m.) Trash receptacle service Location Grass mowed Full-service planter maintenance Trash service receptacle Greenbelt Weekly Once Canal Strip Weekly --- Oriole slope --- Once Orange Grove Parkway --- Once (pull weeds) Civic Center Weekly Once Daily Bike Stations Bi-monthly M & Th Richard Rollins Park Weekly Once Once Daily M-Fr, S* Pico Park Weekly Once Once Daily M-Fr, S* TJ Austin Park Weekly Once --- --- M-Fr, S* Gwen Karger Park Weekly Once --- --- M-Fr, S* Fitness Park --- Once (pull Daily M-Fr, S* weeds) Griffin Park --- 52 C.3.a Packet Pg. 69 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) CITY OF GRAND TERRACE MISS REPORT – OCTOBER 2021 SERVICE CUSTOMER SERVICE ADDRESS DATE OF CALL DATE COMPLETED WO DESCR CHURCH OF FIRE IN CHRIST 12354 MOUNT VERNON AVE 10/04/2021 10/04/2021 MISS CISNEROS, MICHELE 11845 MOUNT VERNON AVE 10/07/2021 10/08/2021 MISS GRAND ROYAL ESTATES HOA 22111 NEWPORT 1 AVE 10/07/2021 10/08/2021 MISS MCKINLEY, RONNIE 21968 PICO ST 10/11/2021 10/11/2021 MISS D'AVANZO , FRANK 22456 CHAPARRAL LN 10/13/2021 10/13/2021 MISS RAMIREZ, WILLIAM 12055 MOUNT VERNON AVE 10/18/2021 10/18/2021 MISS VALENCIA, VICTOR V. CINDY R. 11810 HONEY HILL DR 10/21/2021 10/21/2021 MISS 53 C.3.a Packet Pg. 70 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y Public Works Administration Contracts, Bids, Reports, Grants, Project Management & Events Contracts: Public Works Services for FY 2021-22: Contractor Name Service Purchase Order Amount Remaining Balance as of November 30, 2021 City of Colton Cooperative Agreement with Grand Terrace Traffic Signal Maintenance for signal on Litton Avenue N/A N/A Clean Street Street Sweeping Services $54,508.00 $27,256.00 County of Riverside - TLMA Adminstration Main Street Traffic Signal Maintenance Services $2,300.00 $1,682.24 EZ Sunnyday Landscape Landscape Maintenance $56,420.00 $28,635.00 Gopher Patrol Gopher Abatement Services $9,212.00 $7,235.00 Hardy and Harper, Inc On-Call Asphalt Pothole Repair $15,000.00 $15,000.00 Interwest Consulting Group Building Official/Building & Safety and Public Works Inspection Services $33,800.00 $2,050.00 Interwest Consulting Group Interim Public Works Services $200,000.00 $1,570.00 Interwest Consulting Group On-Call Engineering Services $50,000.00 $35,370.00 Jonescape Inc On-Call Asphalt Pothole Repair $24,720.00 $17,210.00 Jonescape Inc Installation of Park Shade Sail and ADA Swing $24,805.00 $2,255.00 Lynn Merrill NPDES Services $10,000.00 $8,603.48 Lynn Merrill HSIP Cycle 9-Mt Vernon Guard Rail $10,889.37 $10,686.08 Mike Roquet Construction On-Call Asphalt Pothole Repair $9,500.00 $6,065.00 Moran Janitorial Services Janitorial Services for City Hall and City Parks $32,460.00 $16,318.00 Otis Elevator Elevator Maintenance $5,541.21 $0.00 San Bernardino County Dept of Public Works – Flood Control Flood Control Facilities N/A N/A San Bernardino County Fire Dept – Hazardous Material Household Hazardous Waste (HHW) Services $19,165.12 $4,791.28 San Bernardino County- Land Use Services Fire and Weed Hazard Abatement Services $6,323.00 $6,323.00 St. Francis Electric, LLC. Traffic Signal Maintenance Services $20,000.00 $10,855.72 TKE Engineering On-Call Engineering Services $49,050.00 $43,290.00 West Coast Arborist 5 Year Tree Maintenance Program $56,654.00 $49,384.00 54 C.3.a Packet Pg. 71 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) Willdan Engineering Services (incl. Landscape and Lighting Assessment District) $4,046.25 $0.00 Willdan Plan Check/Inspection Svcs $50,000.00 $33,148.00 Willdan Group On-Call Engineering Services $50,000.00 $49,370.00 (paid with Dev. fees) TOTAL PUBLIC WORKS CONTRACT VALUE FOR FY 2020-21: $794,393.95 $377,097.80 balance 55 C.3.a Packet Pg. 72 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) West Coast Arborist 5 Year Tree Maintenance Program $56,654.00 $51,100.00 Willdan Engineering Services (incl. Landscape and Lighting Assessment District) $5,000.00 $5,000.00 Willdan Plan Check/Inspection Svcs $50,000.00 $38,693.00 (paid with Dev. fees) TOTAL PUBLIC WORKS CONTRACT VALUE FOR FY 2020-21: $768,756.33 $418,018.16 balance ** Pending FY 21-22 annual contract from County of San Bernardino – Flood Control. 56 C.3.a Packet Pg. 73 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) Sheriff’s Contract •Law Enforcement Services 57 C.3.a Packet Pg. 74 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) San Bernardino County Sheriff’s Department Services October 2021 November 2021 Officer Contact and Calls 1,275 1,228 Monthly Citation Data October 2021 November Stops 304 259 Citations Issued 110 138 Calls to Dispatch October 2021 November 2021 Emergency 0 3 Priority 1 158 121 Priority 2 74 68 Priority 3 138 106 Priority 4 84 72 Totals 454 370 vankagans@gmail.com Emergency – 911 calls (evaluated for substance). Priority 1 – Currently active, 15 minutes or less. Priority 3 – Calls over 30 minutes ago. Priority 2 – Just occurred, 15 minutes or more. Priority 4 – Incident calls, counter calls. Note: As dispatch receives more information during the call, the level of priority can change to a higher or lower level priority. 0 3 158 121 74 68 138 106 84 72 0 50 100 150 200 250 300 350 400 450 500 Oct-21 Nov-21 Calls to Dispatch Emergency Priority 1 Priority 2 Priority 3 Priority 4 58 C.3.a Packet Pg. 75 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) Citizens on Patrol (COP) - Weekly Hours for March 2020: Mar. 9th Mar. 16th Total Hours 8 2 10 * - On March 17th all patrol activities for the Citizens on Patrol were suspended. 59 C.3.a Packet Pg. 76 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) San Bernardino County Fire 60 C.3.a Packet Pg. 77 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) City of Grand Terrace Fire Department Incidents 11/01/21 – 11/30/21 Call Type Number of Calls Commercial Alarm 6 Fire - Commercial (Low Response) 2 Fire – Improvement 1 Fire – Residential Structure 2 Fire – Residential Structure (Low Response) 1 Fire – Unknown Type 4 Medical Aid 126 Move Up (Cover Engine into FS#23) 2 Outside Investigation 1 Public Service 4 Residential Alarm 3 Traffic Collision – Auto vs. Pedestrian 2 Traffic Collision Unknown Injuries 6 Traffic Collision Unknown Injuries (Freeway) 2 Total Calls 162 61 C.3.a Packet Pg. 78 At t a c h m e n t : C i t y M a n a g e r M o n t h l y D e p a r t m e n t R e p o r t [ F i n a l ] - N o v e m b e r 2 0 2 1 ( D e p a r t m e n t M o n t h l y A c t i v i t y R e p o r t - N o v e m b e r 2 0 2 1 ) AGENDA REPORT MEETING DATE: January 25, 2022 Council Item TITLE: Approval of the November-2021 Check Register in the Amount of $374,857.40 PRESENTED BY: Terry Shea, Interim Finance Director RECOMMENDATION: Approve the Check Register No. 11302021 in the amount of $374,857.40 as submitted, for the month ending November 30, 2021. 2030 VISION STATEMENT: This staff report supports Goal #1, “Ensuring Our Fiscal Viability”, through the continuous monitoring of expenditure budgets, allocations and operational costs. BACKGROUND: The check register for the month of November-2021 has been prepared in accordance with Government Code §37202 and is hereby submitted for City Council’s approval. The check register lists all vendor payments for the respective month, along with a brief description of the type of goods or services purchased and the account code(s) associated with each payment. The check registers list all payments made to vendors and employee reimbursements during the month of November-2021. The attached index to the Check Register is a guideline account list only and is not intended to replace the comprehensive chart of accounts used by the City and Grand Terrace Successor Agency. Expenditure account number formats are XX-XXX-XXX [Fund-Department-Account]. Expenditures may be made from trust/agency accounts (Fund 23-XXX-) or temporary clearing accounts which do not have a budgetary impact. DISCUSSION: CHECK REGISTER A total of $374,857.40 in accounts payable checks and/or wires were issued during the period for services, reimbursements, supplies and contracts and are detailed in the individual monthly register. Below is a table that lists payments larger than $10,000 for the month of November- 2021. C.4 Packet Pg. 79 Payments larger than $10,000: Check No. Payee Description Amount 78617 ROGERS ANDERSON MALODY SCOTT LLP SEP INTERIM FINANCE DIRECTOR SERVICES $15,000.00 78624 TSR CONSTRUCTION MT VERNON CORRIDOR INTERSECTION IMPROVEMENT $17,044.58 78468 ROGERS ANDERSON MALODY SCOTT LLP OCT INTERIM FINANCE DIRECTOR SERVICES $15,000.00 78657 SB COUNTY SHERIFF NOV 2021 LAW ENFORCEMENT SERVICES $189,109.00 16558333 CA PUB EMPLOYEES RETIRE SYSTEM DEC 2021 PERS HEALTH INSURANCE $23,452.73 TOTAL PAYMENTS LARGER THAN $10,000 $259,606.31 PAYROLL Payroll costs for the month: Pay Per. Period Start Period End Pay Date Amount NOV-21 10 From 10/16/2021 to 10/29/2021 11/4/2021 $67,925.38 11 From 10/30/2021 to 11/12/2021 11/18/2021 $60,269.44 $128,194.82 FISCAL IMPACT: All disbursements (including payroll) were made in accordance with the Approved Budget for Fiscal Year 2021-22 in the amount of: Description Amount NOV-21 Check Register $374,857.40 Payroll $128,194.82 $503,052.22 ATTACHMENTS: • Check Register Account Index (PDF) • nov check register (PDF) C.4 Packet Pg. 80 APPROVALS: Terry Shea Completed 01/14/2022 9:01 AM Finance Completed 01/14/2022 9:03 AM City Attorney Completed 01/18/2022 2:17 PM City Manager Completed 01/18/2022 4:04 PM City Council Pending 01/25/2022 6:00 PM C.4 Packet Pg. 81 CITY OF GRAND TERRACE FY2020-21 GRAND TERRACE CIVIC CENTER 22795 BARTON ROAD GRAND TERRACE, CA 92313 CHECK REGISTER Account Index Darcy McNaboe, Mayor Bill Hussey, Mayor Pro Tem Sylvia Robles, Council Member Doug Wilson, Council Member Jeff Allen, Council Member The Grand Terrace City Council meets on the Second and Fourth Tuesday of each month at 6:00 pm. C.4.a Packet Pg. 82 At t a c h m e n t : C h e c k R e g i s t e r A c c o u n t I n d e x ( N o v - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 3 7 4 , 8 5 7 . 4 0 ) Fund No.Fund Name Dept No.Department Cost Center Acct No.General Account Numbers 09 CHILD CARE FUND 110 CITY COUNCIL 110 SALARIES/WAGES 10 GENERAL FUND 120 CITY MANAGER 115 OVERTIME 11 STREET FUND 125 CITY CLERK 120 COUNCIL STIPENDS 12 STORM DRAIN FUND 140 FINANCE 138 MEDICARE / SUI 13 PARK FUND 160 CITY ATTORNEY 139 EMPLOYEES' BENEFIT PLAN 14 AB 3229 COPS FUND 172 BUILDING & SAFETY 140 RETIREMENT 15 AIR QUALITY IMPROVEMENT FUND 175 PUBLIC WORKS 142 HEALTH/LIFE INSURANCE 16 GAS TAX FUND 180 COMMUNITY EVENTS 143 WORKERS' COMPENSATION 17 TRAFFIC SAFETY FUND 185 RENTAL INSPECTION PROGRAM 210 OFFICE EXPENSE 18 TRANS. DEV. ACT (T D A FUND)187 ENFORCEMENT PROGRAM 211 POSTAGE & MAILING 19 FACILITIES DEVELOPMENT FUND 190 NON-DEPARTMENTAL 220 SPECIAL DEPARTMENTAL EXP 20 MEASURE I FUND 195 FACILITIES MAINTENANCE 230 ADVERTISING 21 WASTE WATER DISPOSAL FUND 370 PLANNING & DEVELOPMENT SVCS 235 COMMUNICATIONS 22 COMMUNITY DEV. BLOCK GRANT 380 MGT INFORMATION SYSTEMS 238 UTILITIES 25 SPRING MOUNTAIN RANCH FUND 410 LAW ENFORCEMENT 240 RENTS & LEASES 26 LSCPG/ LGHTG ASSESSMENT DIST.411 ASSET FORFEITURES 244 CUSTODIAL SERVICES 32 S/A CAPITAL PROJECTS FUND 430 RECREATION SERVICES 245 MAINT BLDG GRNDS EQUIPMNT 36 S/A 2011 TABS BOND PROCEEDS 441 CHILD CARE - NUTRITION GRANT 246 MAINT/OPER OF EQUIPMNT 45 CIP - COMMERCE WAY 445 CHILD CARE - TINY TOTS 250 PROFESSIONAL SERVICES 46 CIP - STREET IMPROVEMENTS 446 CHILD CARE - AFTER SCHOOL 251 BANKING SERVICE CHARGES 47 CIP - BARTON RD. BRIDGE PROJECT 447 CHILD CARE - PRE-SCHOOL 252 ROAD MAINTENANCE 48 CIP - CAPITAL PROJECTS FUND 450 PARKS MAINTENANCE 254 STREET SWEEPING 49 CIP - PARKS 461 COMMUNITY GRANTS 255 CONTRACTUAL SERVICES 50 CAPITAL PROJECT BOND PROCEEDS 500 AIR QUALITY PROGRAMS 256 ANIMAL SHELTERING SVCS 52 HOUSING AUTHORITY 510 STREET & SIGNAL LIGHTING 260 INSURANCE & SURETY BONDS 61 COMMUNITY BENEFITS FUND 573 LINE MAINTENANCE 265 MEMBERSHIPS & DUES 62 LIGHT UP GRAND TERRACE FUND 600 ZONE 1 13364 CANAL -TERR PINES 268 TRAINING 63 ILLEGAL FIREWORKS FUND 601 ZONE 3 TRACT 14471 PICO & ORIOLE 270 TRAVEL/CONFERENCES/MTGS 64 PUBLIC SAFETY FUND 602 ZONE 2 14264 FORREST CITY PHASE II 271 MILEAGE 65 SENIOR BUS PROGRAM FUND 603 ZONE 4 TRACT 17766 GREENBRIAR 625 NPDES 66 CAL RECYCLE GRANT 604 ZONE 5 TRACT 18793 PALOMINO 631 STORM DRAIN MAINTENANCE 67 PUBLIC EDUC & GOVT ACCESS (PEG)605 ZONE 6 TRACT 18071 JADEN 801 PLANNING COMMISSION 68 40TH YR CELEBRATION FUND 606 ZONE 7 TRACT 18604 TESORO/VAN BUREN 804 HISTORICAL & CULTURAL COMM. 69 COMMUNITY DAY FUND 625 NPDES 311 FACILITY IMPROVEMENTS 70 FIXED ASSED/EQUIP REPL FUND 631 STORM DRAIN MAINTENANCE 570 WASTEWATER TREATMENT 73 ACTIVE TRANS PRGM (ATP) GRANT 700 CAPITAL OUTLAY 400 OTHER COMMUNITY GRANTS 74 HIGHWAY SFTY IMPV PRGM (HSIP)705 EVERY 15 MINUTES 601 ELECTRICAL VEHICLE STATIONS 75 EMER MGMT PREP GRANT (EMPG)801 PLANNING COMMISSION 700 COMPUTER EQUIPMENT 76 ENHANCED INFRA FIN DIST (EIFD)804 HISTORICAL & CULTURAL COMMITTEE 701 CAPITAL IMPROVEMENT OTHER 77 SO CAL INCENTIVE PROJECT (SCIP)805 SENIOR CITIZENS PROGRAM 705 VEHICLES 90 COVID-19 EMERGENCY FUND 808 EMERGENCY OPERATIONS PROG.998 OVERHEAD COST ALLOCATION 95 DOG PARK ENDOWMENT FUND 999 TRANSFERS 999 TRANSFERS OUT City of Grand Terrace Check Register Index C.4.a Packet Pg. 83 At t a c h m e n t : C h e c k R e g i s t e r A c c o u n t I n d e x ( N o v - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 3 7 4 , 8 5 7 . 4 0 ) CITY OF GRAND TERRACE FY2021-22 GRAND TERRACE CIVIC CENTER 22795 BARTON ROAD GRAND TERRACE, CA 92313 MONTHLY CHECK REGISTER For the Period Ending November 30, 2021 Darcy McNaboe, Mayor Bill Hussey, Mayor Pro Tem Sylvia Robles, Council Member Doug Wilson, Council Member Jeff Allen, Council Member The Grand Terrace City Council meets on the Second and Fourth Tuesday of each month at 6:00 pm. C.4.b Packet Pg. 84 At t a c h m e n t : n o v c h e c k r e g i s t e r ( N o v - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 3 7 4 , 8 5 7 . 4 0 ) Invoice # Check Register CITY OF GRAND TERRACE As of 11/30/2021 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 78603 11/05/2021 CA STATE DEPT OF CONSERVATION SMIP2021-4Q-04 2020-21 SMIP 4TH QUARTER APR2021-JUN2021 STRONG-MOTION06/29/2021 R 10-700-01 -6.45 B 23-200-21-00 129.10 122.65 122.65 78604 11/05/2021 OFFICE DEPOT 203464262001 FY 2021-22 OFFICE SUPPLIES 10/07/2021 E 10-185-210-000-000 8.73 E 10-190-210-000-000 237.97 246.70 205086266001 FY 2021-22 OFFICE SUPPLIES 10/12/2021 E 10-185-210-000-000 46.00 46.00 205086265001 FY 2021-22 OFFICE SUPPLIES 10/12/2021 E 10-185-210-000-000 8.95 E 10-190-210-000-000 18.91 27.86 203467955001 FY 2021-22 OFFICE SUPPLIES 10/07/2021 E 10-185-210-000-000 8.29 8.29 328.85 78605 11/05/2021 CA STATE DEPT OF CONSERVATION SMIP2022-1Q-01 2021-22 SMIP 1ST QUARTER JUL2021-SEP2021 10/01/2021 R 10-700-01 -3.13 B 23-200-21-00 62.69 59.56 59.56 78606 11/05/2021 CLEAN STREET 101306CS OCT21 STREET SWEEPING SERVICES 10/31/2021 E 16-900-254-000-000 4,542.00 4,542.00 4,542.00 78607 11/05/2021 EYEMED FIDELITY SECURITY LIFE 165011391 NOV EMPLOYEE PAID VISION INSURANCE 11/04/2021 B 10-022-71-00 87.69 87.69 87.69 C.4.b Packet Pg. 85 At t a c h m e n t : n o v c h e c k r e g i s t e r ( N o v - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 3 7 4 , 8 5 7 . 4 0 ) Invoice # Check Register CITY OF GRAND TERRACE As of 11/30/2021 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 78608 11/05/2021 FEDEX 7-548-29724 EXPRESS MAILING SERVICES - WEST COAST ARBORISTS10/28/2021 E 10-190-211-000-000 37.10 37.10 37.10 78609 11/05/2021 LUIS GARDEA 11032021 REFUND TO LUIS GARDEA - PARTIAL PYMT DEDUCTION FROM PAYCHECK FOR 457 LOAN11/03/2021 B 10-022-64-00 38.25 38.25 38.25 78610 11/05/2021 INTERWEST CONSULTING GROUP 72898 DEPUTY BUILDING OFFICAL & PW PLAN CHECK REVIEW10/14/2021 E 10-172-250-000-000 2,415.00 E 10-175-250-000-000 1,787.50 4,202.50 4,202.50 78611 11/05/2021 DARCY MCNABOE NOV2021 DM HLTH REIMNOV 2021 HEALTH REIMBURSEMENT - DM 11/02/2021 E 10-110-142-000-000 612.86 612.86 612.86 78612 11/05/2021 LYNN MERRILL 22-3 SEPT21 NPDES SERVICES FY2021-22 10/05/2021 E 10-625-220-000-000 227.18 227.18 227.18 78613 11/05/2021 OCCUPATIONAL HEALTH CENTERS CA73079421 PRE-EMPLOYMENT PHYSICALS 10/20/2021 E 10-190-224-000-000 351.00 351.00 351.00 78614 11/05/2021 OFFICE DEPOT 202877944001 FY 2021-22 OFFICE SUPPLIES 10/06/2021 E 10-140-210-000-000 290.90 290.90 205085117001 FY 2021-22 OFFICE SUPPLIES 10/12/2021 E 10-370-210-000-000 24.44 24.44 315.34 C.4.b Packet Pg. 86 At t a c h m e n t : n o v c h e c k r e g i s t e r ( N o v - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 3 7 4 , 8 5 7 . 4 0 ) Invoice # Check Register CITY OF GRAND TERRACE As of 11/30/2021 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 78615 11/05/2021 PAY PLUS SOLUTIONS INC 27011 CALPERS MONTHLY CHARGES - NOV 2021 11/01/2021 E 10-140-255-000-000 410.03 410.03 410.03 78616 11/05/2021 PETTY CASH 11042021 REPLENISH PETTY CASH SEP-NOV 2021 11/04/2021 E 10-110-270-000-000 93.50 E 10-185-220-000-000 20.00 E 10-185-272-000-000 23.35 E 10-190-226-000-000 181.00 R 10-200-05 280.00 597.85 597.85 78617 11/05/2021 ROGERS ANDERSON MALODY SCOTT 67069 PROFESSIONAL SERVICES FOR INTERIM FINANCE DIRECTOR SEPTEMBER 202109/30/2021 E 10-120-250-000-000 15,000.00 15,000.00 15,000.00 78618 11/05/2021 SO CA EDISON COMPANY OCT2021 EDISON OCT 2021 ENERGY USAGE 10/27/2021 E 10-172-238-000-000 112.77 E 10-175-238-000-000 112.76 E 10-190-238-000-000 4,945.00 E 10-450-238-000-000 1,781.16 E 16-510-238-000-000 563.64 7,515.33 7,515.33 78619 11/05/2021 SO CAL LOCKSMITH 51461 10 DOGGING KEY MEDIUM 10/28/2021 E 10-125-210-000-000 51.18 51.18 51.18 78620 11/05/2021 SPARKLETTS 9637116 110121 OCT2021 BOTTLED WATER SERVICES FOR CITY HALL AND SENIOR CENTER11/01/2021 E 10-190-238-000-000 171.18 E 10-805-238-000-000 80.03 251.21 C.4.b Packet Pg. 87 At t a c h m e n t : n o v c h e c k r e g i s t e r ( N o v - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 3 7 4 , 8 5 7 . 4 0 ) Invoice # Check Register CITY OF GRAND TERRACE As of 11/30/2021 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 16179154 102321 OCT2021 WATER FILTRATION RENTAL 10/23/2021 E 10-190-238-000-000 84.00 84.00 335.21 78621 11/05/2021 STILES ANIMAL REMOVAL INC 1526 PICK UP FEE FOR A DECEASED DONKEY 11/02/2021 E 10-185-250-000-000 250.00 250.00 250.00 78622 11/05/2021 THE COMMUNITY FOUNDATION 10252021 COMMUNITY BENEFIT FUND - FY21-22 TRUNK OR TREAT10/25/2021 E 61-461-100-000-000 1,879.78 1,879.78 1,879.78 78623 11/05/2021 TIME WARNER CABLE 0153825102321 SR CENTER INTERNET - HSD3 - OCT-NOV 10/23/2021 E 10-805-238-000-000 89.99 89.99 89.99 78624 11/05/2021 TSR CONSTRUCTION AND INSPECTIO #4/FINAL MT VERNON CORRIDOR INTERSECTION IMPROVEMENT PROJECT12/14/2020 E 74-706-250-000-000 17,044.58 17,044.58 17,044.58 78625 11/05/2021 VERIZON WIRELESS 9891371174 ALPR CARD LINE CHARGES SEP-OCT 2021 10/23/2021 E 10-190-235-000-000 190.05 190.05 190.05 C.4.b Packet Pg. 88 At t a c h m e n t : n o v c h e c k r e g i s t e r ( N o v - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 3 7 4 , 8 5 7 . 4 0 ) Invoice # Check Register CITY OF GRAND TERRACE As of 11/30/2021 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 78626 11/05/2021 WILLDAN 002-24903 PLAN CHECK/ INSPECTION SVCS -PW & BLDG& SAFETY08/04/2021 E 10-172-250-100-000 2,530.00 2,530.00 002-24904 PLAN CHECK/ INSPECTION SVCS -PW & BLDG& SAFETY08/04/2021 E 10-172-250-100-000 975.00 975.00 00416816 PLAN CHECK/ INSPECTION SVCS -PW & BLDG& SAFETY10/18/2021 E 10-172-250-100-000 504.00 504.00 4,009.00 78627 11/12/2021 AMERICAN FIDELITY ASSURANCE CO D382837 NOV - EMPLOYEE CANCER & ACCIDENT INSURANCE11/01/2021 B 23-250-20-00 391.40 391.40 391.40 78628 11/12/2021 AMERICAN FIDELITY ASSURANCE CO 6016265 NOV 2021 EMP PAID FLEX SPEND/DEP CARE 11/04/2021 B 23-250-10-00 114.58 114.58 114.58 78629 11/12/2021 BENSON PRODUCTIONS 1574 OCT 2021 VIDEOGRAPHER SERVICES 11/05/2021 E 10-380-250-000-000 760.00 760.00 760.00 78630 11/12/2021 BLUEGRASS PLAYGROUNDS INC 4136 BLUEGRASS PLAYGROUND ADA SWING 09/24/2021 E 10-120-701-000-000 3,000.00 3,000.00 3,000.00 78631 11/12/2021 COLTON PUBLIC UTILITIES MAY-JUL2021 GT SEWERMAY-JUL 2021 GT SEWER COMM 11/03/2021 E 10-190-238-000-000 642.24 642.24 642.24 C.4.b Packet Pg. 89 At t a c h m e n t : n o v c h e c k r e g i s t e r ( N o v - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 3 7 4 , 8 5 7 . 4 0 ) Invoice # Check Register CITY OF GRAND TERRACE As of 11/30/2021 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 78632 11/12/2021 COUNTY OF RIVERSIDE TLMA ADM TL0000016040 SEPT21 TRAFFIC SIGNAL MONITORING - MAIN ST & MICHIGAN10/20/2021 E 10-195-245-000-000 124.91 124.91 124.91 78633 11/12/2021 FRUIT GROWERS SUPPLY 92263504 FY2021-2022 IRRIGATION SUPPLIES FOR PARKS & GROUNDS10/26/2021 E 10-450-245-000-000 19.70 19.70 19.70 78634 11/12/2021 JONESCAPE INC 115 FINAL PROGRESS PAYMENT OF SHADE SAILS 11/05/2021 E 10-955-800-109-000 4,950.00 4,950.00 4,950.00 78635 11/12/2021 OFFICE DEPOT 202857785002 FY 2021-22 OFFICE SUPPLIES 10/20/2021 E 10-120-210-000-000 484.86 484.86 202641198001 FY 2021-22 OFFICE SUPPLIES 10/21/2021 E 10-120-210-000-000 77.92 77.92 194553093002 FY 2021-22 OFFICE SUPPLIES 10/25/2021 E 10-125-210-000-000 1.69 1.69 564.47 78636 11/12/2021 SITEONE LANDSCAPE SUPPLY 113716056-001 IRRIGATION SUPPLIES 10/11/2021 E 10-195-245-000-000 206.11 206.11 206.11 78637 11/12/2021 STATEWIDE EMERGENCY SERVICES 2598 REMOVAL AND DISPOSAL OF HAZARDOUS WASTE10/31/2021 E 10-195-245-000-000 4,427.50 4,427.50 4,427.50 C.4.b Packet Pg. 90 At t a c h m e n t : n o v c h e c k r e g i s t e r ( N o v - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 3 7 4 , 8 5 7 . 4 0 ) Invoice # Check Register CITY OF GRAND TERRACE As of 11/30/2021 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 11162021 - B15 78638 11/12/2021 TIME WARNER CABLE 0262246100321 RICHARD ROLLINS PARK INTERNET - OCT-NOV 202110/03/2021 E 10-450-238-000-000 14.99 14.99 14.99 78639 11/12/2021 UNDERGROUND SERVICE ALERT 1020210295 OCT21 MONTHLY DATABASE MAINTENANCE FEE11/01/2021 E 16-900-220-000-000 57.85 57.85 dsb20205391 OCT21 CA FEE FRO REGULATORY COST 11/01/2021 E 16-900-220-000-000 33.60 33.60 91.45 78640 11/19/2021 A STORAGE PLACE 11162021 - B3334 NOVEMBER 2021 STORAGE RENTAL - UNIT B333411/16/2021 E 10-140-241-000-000 329.00 329.00 NOVEMBER 2021 STORAGE RENTAL - UNIT B15 11/16/2021 E 10-140-241-000-000 158.00 158.00 487.00 78641 11/19/2021 ACCENT GRAPHICS AND DESIGN 21-1552 CITY ENVELOPES WITH GRAND TERRACE SEAL11/12/2021 E 10-190-211-000-000 226.28 226.28 226.28 C.4.b Packet Pg. 91 At t a c h m e n t : n o v c h e c k r e g i s t e r ( N o v - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 3 7 4 , 8 5 7 . 4 0 ) Invoice # Check Register CITY OF GRAND TERRACE As of 11/30/2021 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 78642 11/19/2021 ARROWHEAD CREDIT UNION OCT2021 VISA OCT-NOV 2021 VISA CHARGES 11/02/2021 E 10-110-270-000-000 JPIA CONFERENCE 716.96 E 10-120-220-000-000 CITY HALL RECEIVER 337.24 E 10-120-265-000-000 MEMBERSHIP/DUES 50.00 E 10-125-210-000-000 OFFICE SUPPLIES 46.63 E 10-140-210-000-000 OFFICE SUPPLIES 220.91 E 10-140-270-000-000 CSMFO CONFERENCE 258.31 E 10-172-210-000-000 OFFICE SUPPLIES 180.42 E 10-175-246-000-000 SHOP SUPPLIES 131.50 E 10-175-268-000-000 RECERTIFICATION FOR AC 270.15 E 10-175-272-000-000 VEHICLE MAINT 3,174.26 E 10-185-220-000-000 LIEN RELEASE 22.00 E 10-185-268-000-000 CONFERENCE EXP 474.43 E 10-185-272-000-000 VEHICLE MAINT 12.26 E 10-370-210-000-000 OFFICE SUPPLIES 695.83 E 10-450-245-000-000 PARK MAINT 331.94 6,922.84 6,922.84 78643 11/19/2021 AT AND T NOV 2021 AT&T NOV 2021 AT&T 11/01/2021 E 10-190-235-000-000 1,469.61 E 10-450-235-000-000 244.10 E 10-805-235-000-000 451.15 E 10-808-235-000-000 424.05 2,588.91 2,588.91 78644 11/19/2021 COUNTY OF RIVERSIDE AN0000002334 OCT. 2021 ANIMAL SHELTERING SERVICES 11/16/2021 E 10-185-255-000-000 1,329.86 1,329.86 1,329.86 C.4.b Packet Pg. 92 At t a c h m e n t : n o v c h e c k r e g i s t e r ( N o v - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 3 7 4 , 8 5 7 . 4 0 ) Invoice # Check Register CITY OF GRAND TERRACE As of 11/30/2021 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 78645 11/19/2021 EZ SUNNYDAY LANDSCAPE 1706 NOV21 PARKS AND PARKWAY MAINTENANCE - FY2021-202211/17/2021 E 10-195-245-000-000 200.00 E 10-450-255-000-000 3,215.00 E 26-600-255-000-000 150.00 E 26-601-255-000-000 80.00 3,645.00 1707 NOV21 JADEN MAINTENANCE - FY2021-2022 11/17/2021 E 26-605-255-000-000 650.00 650.00 4,295.00 78646 11/19/2021 FRUIT GROWERS SUPPLY 92266412 FY2021-2022 IRRIGATION SUPPLIES FOR PARKS & GROUNDS11/10/2021 E 10-450-245-000-000 87.87 87.87 87.87 78647 11/19/2021 HOME DEPOT CREDIT SERVICE 1273318 SUPPLIES FOR CITY HALL AND PARKS 09/28/2021 E 10-450-245-000-000 161.23 161.23 4511965 SUPPLIES FOR CITY HALL AND PARKS 10/15/2021 E 10-185-210-000-000 9.65 E 10-195-245-000-000 22.61 E 10-450-245-000-000 111.73 143.99 3520069 SUPPLIES FOR CITY HALL AND PARKS 10/26/2021 E 10-450-245-000-000 112.25 112.25 417.47 78648 11/19/2021 INLAND BUSINESS FORMS 34179 BUSINESS CARDS FOR STEVE WEISS AND MICHAEL MILHISER08/24/2021 E 10-120-210-000-000 48.49 E 10-370-210-000-000 48.49 96.98 96.98 78649 11/19/2021 INTERWEST CONSULTING GROUP 73944 OCT21 ON-CALL ENGINEERING SERVICES 11/17/2021 E 74-706-250-000-000 300.00 300.00 300.00 C.4.b Packet Pg. 93 At t a c h m e n t : n o v c h e c k r e g i s t e r ( N o v - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 3 7 4 , 8 5 7 . 4 0 ) Invoice # Check Register CITY OF GRAND TERRACE As of 11/30/2021 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 78650 11/19/2021 JONESCAPE INC 11521 INSTALLATION OF ADA SWING AND REMOVAL OF EXISITING SWING11/05/2021 E 10-955-800-109-000 5,600.00 5,600.00 5,600.00 78651 11/19/2021 MICHAEL BAKER INTERNATIONAL 1131561 OCT. 2021 CEQA AND ENVIRONMENTAL REVIEW AND ENTITLEMENT SUPPORT11/08/2021 E 10-370-250-202-000 2,282.50 2,282.50 2,282.50 78652 11/19/2021 MORAN JANITORIAL SERVICES LLC 1942 SEPT21 JANITORIAL SERVICES FOR CIVIC CENTER & PARKS - FY2021-202210/05/2021 E 10-195-245-000-000 1,304.00 E 10-450-245-000-000 2,781.00 4,085.00 1963 OCT21 JANITORIAL SERVICES FOR CIVIC CENTER & PARKS - FY2021-202211/05/2021 E 10-195-245-000-000 1,304.00 E 10-450-245-000-000 1,325.00 2,629.00 6,714.00 C.4.b Packet Pg. 94 At t a c h m e n t : n o v c h e c k r e g i s t e r ( N o v - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 3 7 4 , 8 5 7 . 4 0 ) Invoice # Check Register CITY OF GRAND TERRACE As of 11/30/2021 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 206652901001 78653 11/19/2021 OFFICE DEPOT 210095414001 FY 2021-22 OFFICE SUPPLIES 11/09/2021 E 10-175-210-000-000 99.29 E 10-190-210-000-000 403.78 503.07 207895352001 FY 2021-22 OFFICE SUPPLIES 10/27/2021 E 10-185-210-000-000 10.12 E 10-190-210-000-000 251.77 E 10-370-210-000-000 1.68 263.57 207254216001 FY 2021-22 OFFICE SUPPLIES 11/04/2021 E 10-172-210-000-000 5.13 E 10-370-210-000-000 84.45 89.58 FY 2021-22 OFFICE SUPPLIES 11/01/2021 E 10-190-210-000-000 49.18 E 10-370-210-000-000 6.38 55.56 207101295001 FY 2021-22 OFFICE SUPPLIES 11/03/2021 E 10-370-210-000-000 53.44 53.44 207102678001 FY 2021-22 OFFICE SUPPLIES 11/03/2021 E 10-172-210-000-000 43.24 E 10-190-210-000-000 7.09 50.33 200829697001 FY 2021-22 OFFICE SUPPLIES 10/28/2021 E 10-190-210-000-000 43.09 43.09 207102685001 FY 2021-22 OFFICE SUPPLIES 11/03/2021 E 10-370-210-000-000 32.31 32.31 207102688001 FY 2021-22 OFFICE SUPPLIES 11/03/2021 E 10-370-210-000-000 12.60 12.60 207899575001 FY 2021-22 OFFICE SUPPLIES 10/27/2021 E 10-370-210-000-000 9.00 9.00 207102678002 FY 2021-22 OFFICE SUPPLIES 11/10/2021 C.4.b Packet Pg. 95 At t a c h m e n t : n o v c h e c k r e g i s t e r ( N o v - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 3 7 4 , 8 5 7 . 4 0 ) Invoice # Check Register CITY OF GRAND TERRACE As of 11/30/2021 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 207102678002 FY 2021-22 OFFICE SUPPLIES 11/10/2021 E 10-370-210-000-000 6.50 6.50 1,119.05 78654 11/19/2021 PRINT PRO PLUS 81322 BUSINESS CARDS FOR HAIDE AGUIRRE 10/27/2021 E 10-370-210-000-000 34.48 34.48 34.48 78655 11/19/2021 ROGERS ANDERSON MALODY SCOTT 67340 PROFESSIONAL SERVICES FOR INTERIM FINANCE DIRECTOR OCT 202110/31/2021 E 10-120-250-000-000 15,000.00 15,000.00 15,000.00 78656 11/19/2021 MARICELA SALAZAR DUENAS 11182021 REFUND FOR MEDICAL PREMIUM DEDUCTIONS TAKEN FROM NOV PAYROLL11/18/2021 B 10-022-61-00 669.84 669.84 669.84 78657 11/19/2021 SB COUNTY SHERIFF 21098 NOV LAW ENFORCEMENT SERVICES 11/03/2021 E 10-410-255-000-000 5,166.67 E 10-410-256-000-000 171,488.16 E 14-411-256-000-000 12,454.17 189,109.00 189,109.00 78658 11/19/2021 SO CAL LOCKSMITH 51643 REKEYING ANNEX BUILDING 11/17/2021 E 10-195-245-000-000 31.96 31.96 31.96 C.4.b Packet Pg. 96 At t a c h m e n t : n o v c h e c k r e g i s t e r ( N o v - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 3 7 4 , 8 5 7 . 4 0 ) Invoice # Check Register CITY OF GRAND TERRACE As of 11/30/2021 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 78659 11/19/2021 ST FRANCIS ELECTRIC 171033112 OCT21 RESPONSE SIGNAL LIGHT MAINTENANCE10/31/2021 E 16-510-255-000-000 1,158.50 1,158.50 171033111 OCT21 ROUTINE SIGNAL LIGHT MAINTENANCE 10/31/2021 E 16-510-255-000-000 563.85 563.85 1,722.35 78660 11/19/2021 TIME WARNER CABLE 0262246110321 RICHARD ROLLINS PARK INTERNET NOV-DEC 202111/03/2021 E 10-450-238-000-000 314.98 314.98 0007245110721 SR CTR CABLE/INTERNET BLDG3 NOV-DEC 202111/07/2021 E 10-805-238-000-000 278.37 278.37 0228510102521 CITY HALL INTERNET OCT-NOV 2021 10/25/2021 E 10-190-238-000-000 124.98 124.98 718.33 78661 11/19/2021 TRAFFIC MANAGEMENT PRODUCTS 795051 GENERAL MANAGEMENT SUPPLIES AND STREET11/11/2021 E 16-900-229-000-000 1,030.20 1,030.20 795049 GENERAL MANAGEMENT SUPPLIES AND STREET10/31/2021 E 16-900-229-000-000 134.47 134.47 1,164.67 78662 11/19/2021 WILLDAN 002-25418 PLAN CHECK/ INSPECTION SVCS -PW & BLDG& SAFETY11/02/2021 E 10-172-250-100-000 1,275.00 1,275.00 1,275.00 C.4.b Packet Pg. 97 At t a c h m e n t : n o v c h e c k r e g i s t e r ( N o v - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 3 7 4 , 8 5 7 . 4 0 ) Invoice # Check Register CITY OF GRAND TERRACE As of 11/30/2021 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 78663 11/19/2021 XEROX CORPORATION 014752839 OCT 2021 W7970 PRINTER EXPENSE 11/01/2021 E 10-190-212-000-000 507.51 507.51 014752838 OCTOBER 2021 WORKCENTRE 5955 EXPENSE 11/01/2021 E 10-190-212-000-000 322.19 322.19 829.70 3120709 11/08/2021 SO CA GAS COMPANY OCT 2021 GAS SERVICEOCT 2021 GAS SERVICE 11/08/2021 E 10-190-238-000-000 1,282.91 E 10-805-238-000-000 83.29 1,366.20 1,366.20 11836119 11/17/2021 SO CA EDISON COMPANY OCT2021 EDISON BOCT 2021 ENERGY USAGE 11/01/2021 E 10-450-238-000-000 37.63 E 16-510-238-000-000 6,142.17 E 26-600-238-000-000 76.72 E 26-601-238-000-000 62.34 E 26-602-238-000-000 86.32 E 26-603-238-000-000 14.39 E 26-604-238-000-000 56.67 E 26-605-238-000-000 45.58 6,521.82 6,521.82 16555419 11/22/2021 PUBLIC EMPLOYEES RETIREMENT PAYDTE 11042021 PERSRETIREMENT CONTRIBUTIONS FOR PAY DATE 11/04/202111/04/2021 B 10-022-62-00 7,513.12 7,513.12 7,513.12 16584973 11/30/2021 PUBLIC EMPLOYEES RETIREMENT PAYDTE 11182021 PERSRETIREMENT CONTRIBUTIONS FOR PAY DATE 11/18/202111/18/2021 B 10-022-62-00 7,979.67 7,979.67 7,979.67 C.4.b Packet Pg. 98 At t a c h m e n t : n o v c h e c k r e g i s t e r ( N o v - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 3 7 4 , 8 5 7 . 4 0 ) Invoice # Check Register CITY OF GRAND TERRACE As of 11/30/2021 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 16621050 11/22/2021 CA PUB EMPLOYEES RETIRE SYSTEM 12012021 HPERS DEC 2021 PERS HEALTH INSURANCE ACH 100198885411/15/2021 B 10-022-61-00 8,067.65 E 10-120-142-000-000 461.80 E 10-125-142-000-000 647.62 E 10-140-142-000-000 2,590.47 E 10-172-142-000-000 1,594.19 E 10-175-142-000-000 829.48 E 10-185-142-000-000 1,992.74 E 10-190-142-000-000 2,394.06 E 10-370-142-000-000 1,036.19 E 10-450-142-000-000 1,345.12 E 16-175-142-000-000 1,756.09 E 52-400-142-000-000 64.76 E 65-425-142-000-000 672.56 23,452.73 23,452.73 16626543 11/22/2021 CALPERS 457 PLAN PAYDATE 11042021 457EFT PAYMENT CALPERS ACH CONFIRM #100198889211/04/2021 B 10-022-63-00 1,885.00 B 10-022-64-00 70.64 1,955.64 1,955.64 16630179 11/30/2021 CALPERS 457 PLAN PAYDATE 11182021 457EFT PAYMENT CALPERS ACH CONFIRM #100199379311/18/2021 B 10-022-63-00 2,485.00 B 10-022-64-00 158.72 2,643.72 2,643.72 75643743 11/08/2021 WEX BANK 75643743 OCT-NOV 2021 VEHICLE FUEL CHEVRON 11/06/2021 E 10-172-272-000-000 30.00 E 10-175-272-000-000 1,387.68 E 10-185-272-000-000 269.05 E 65-425-272-000-000 749.17 2,435.90 2,435.90 246834290 11/02/2021 CENTURYLINK 246834290 OCT2021 PHONE & INTERNET SERVICES 10/17/2021 E 10-190-235-000-000 1,350.33 1,350.33 1,350.33 C.4.b Packet Pg. 99 At t a c h m e n t : n o v c h e c k r e g i s t e r ( N o v - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 3 7 4 , 8 5 7 . 4 0 ) C.4.b Packet Pg. 100 At t a c h m e n t : n o v c h e c k r e g i s t e r ( N o v - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 3 7 4 , 8 5 7 . 4 0 ) This page left intentionally blank. C.4.b Packet Pg. 101 At t a c h m e n t : n o v c h e c k r e g i s t e r ( N o v - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 3 7 4 , 8 5 7 . 4 0 ) AGENDA REPORT MEETING DATE: January 25, 2022 Council Item TITLE: Approval of the December-2021 Check Register in the Amount of $473,787.14 PRESENTED BY: Terry Shea, Interim Finance Director RECOMMENDATION: Approve the Check Register No. 12312021 in the amount of $473,787.14 as submitted, for the month ending December 31, 2021. 2030 VISION STATEMENT: This staff report supports Goal #1, “Ensuring Our Fiscal Viability”, through the continuous monitoring of expenditure budgets, allocations and operational costs. BACKGROUND: The check register for the month of December-2021 has been prepared in accordance with Government Code §37202 and is hereby submitted for City Council’s approval. The check register lists all vendor payments for the respective month, along with a brief description of the type of goods or services purchased and the account code(s) associated with each payment. The check registers list all payments made to vendors and employee reimbursements during the month of December-2021. The attached index to the Check Register is a guideline account list only and is not intended to replace the comprehensive chart of accounts used by the City and Grand Terrace Successor Agency. Expenditure account number formats are XX-XXX-XXX [Fund-Department-Account]. Expenditures may be made from trust/agency accounts (Fund 23-XXX-) or temporary clearing accounts which do not have a budgetary impact. DISCUSSION: CHECK REGISTER A total of $473,787.14 in accounts payable checks and/or wires were issued during the period for services, reimbursements, supplies and contracts and are detailed in the individual monthly register. Below is a table that lists payments larger than $10,000 for the month of December- 2021. C.5 Packet Pg. 102 Payments larger than $10,000: Check No. Payee Description Amount 78665 ALESHIRE & WYNDER LLP OCT 2021 LEGAL SERVICES $28,078.03 78682 RALPH ANDERSEN ASSOCIATES CITY MANAGER RECRUITMENT SERVICES $22,500.00 78687 SUPERIOR INTERNATIONAL IND FITNESS PARK SHADE SAIL $12,692.31 78695 ALESHIRE & WYNDER LLP NOV 2021 LEGAL SERVICES $18,218.73 78709 SB COUNTY SHERIFF DEC 2021 LAW ENFORCEMENT SERVICES $189,109.00 78720 DIBA REAL ESTATE INVESTMENTS REFUND OF ASSIGNMENT PAYMENT $25,000.00 78730 MICHAEL BAKER INTERNATIONAL ENVIRONMENTAL & PLANNING SVCS, CEQA REVIEW $19,639.58 78732 RIVERSIDE HIGHLAND WATER CO OCT & NOV WATER USAGE $13,643.47 78734 ROGERS ANDERSON MALODY SCOTT LLP NOV INTERIM FINANCE DIRECTOR SERVICES $15,000.00 12785400 SO CAL EDISON COMPANY NOV 2021 ENERGY USAGE $13,099.39 TOTAL PAYMENTS LARGER THAN $10,000 $356,980.51 PAYROLL Payroll costs for the month: Pay Per. Period Start Period End Pay Date Amount DEC-21 12 From 11/13/2021 to 11/26/2021 12/02/2021 $62,838.89 13 From 11/27/2021 to 12/10/2021 12/16/2021 $64,475.99 $127,314.88 FISCAL IMPACT: All disbursements (including payroll) were made in accordance with the Approved Budget for Fiscal Year 2021-22 in the amount of: Description Amount DEC-21 Check Register $473,787.14 Payroll $127,314.88 $601,102.02 C.5 Packet Pg. 103 ATTACHMENTS: • Check Register Account Index (PDF) • dec check register (PDF) APPROVALS: Terry Shea Completed 01/14/2022 9:02 AM Finance Completed 01/14/2022 9:04 AM City Attorney Completed 01/18/2022 2:54 PM City Manager Completed 01/18/2022 4:07 PM City Council Pending 01/25/2022 6:00 PM C.5 Packet Pg. 104 CITY OF GRAND TERRACE FY2020-21 GRAND TERRACE CIVIC CENTER 22795 BARTON ROAD GRAND TERRACE, CA 92313 CHECK REGISTER Account Index Darcy McNaboe, Mayor Bill Hussey, Mayor Pro Tem Sylvia Robles, Council Member Doug Wilson, Council Member Jeff Allen, Council Member The Grand Terrace City Council meets on the Second and Fourth Tuesday of each month at 6:00 pm. C.5.a Packet Pg. 105 At t a c h m e n t : C h e c k R e g i s t e r A c c o u n t I n d e x ( D e c - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 7 3 , 7 8 7 . 1 4 ) Fund No.Fund Name Dept No.Department Cost Center Acct No.General Account Numbers 09 CHILD CARE FUND 110 CITY COUNCIL 110 SALARIES/WAGES 10 GENERAL FUND 120 CITY MANAGER 115 OVERTIME 11 STREET FUND 125 CITY CLERK 120 COUNCIL STIPENDS 12 STORM DRAIN FUND 140 FINANCE 138 MEDICARE / SUI 13 PARK FUND 160 CITY ATTORNEY 139 EMPLOYEES' BENEFIT PLAN 14 AB 3229 COPS FUND 172 BUILDING & SAFETY 140 RETIREMENT 15 AIR QUALITY IMPROVEMENT FUND 175 PUBLIC WORKS 142 HEALTH/LIFE INSURANCE 16 GAS TAX FUND 180 COMMUNITY EVENTS 143 WORKERS' COMPENSATION 17 TRAFFIC SAFETY FUND 185 RENTAL INSPECTION PROGRAM 210 OFFICE EXPENSE 18 TRANS. DEV. ACT (T D A FUND)187 ENFORCEMENT PROGRAM 211 POSTAGE & MAILING 19 FACILITIES DEVELOPMENT FUND 190 NON-DEPARTMENTAL 220 SPECIAL DEPARTMENTAL EXP 20 MEASURE I FUND 195 FACILITIES MAINTENANCE 230 ADVERTISING 21 WASTE WATER DISPOSAL FUND 370 PLANNING & DEVELOPMENT SVCS 235 COMMUNICATIONS 22 COMMUNITY DEV. BLOCK GRANT 380 MGT INFORMATION SYSTEMS 238 UTILITIES 25 SPRING MOUNTAIN RANCH FUND 410 LAW ENFORCEMENT 240 RENTS & LEASES 26 LSCPG/ LGHTG ASSESSMENT DIST.411 ASSET FORFEITURES 244 CUSTODIAL SERVICES 32 S/A CAPITAL PROJECTS FUND 430 RECREATION SERVICES 245 MAINT BLDG GRNDS EQUIPMNT 36 S/A 2011 TABS BOND PROCEEDS 441 CHILD CARE - NUTRITION GRANT 246 MAINT/OPER OF EQUIPMNT 45 CIP - COMMERCE WAY 445 CHILD CARE - TINY TOTS 250 PROFESSIONAL SERVICES 46 CIP - STREET IMPROVEMENTS 446 CHILD CARE - AFTER SCHOOL 251 BANKING SERVICE CHARGES 47 CIP - BARTON RD. BRIDGE PROJECT 447 CHILD CARE - PRE-SCHOOL 252 ROAD MAINTENANCE 48 CIP - CAPITAL PROJECTS FUND 450 PARKS MAINTENANCE 254 STREET SWEEPING 49 CIP - PARKS 461 COMMUNITY GRANTS 255 CONTRACTUAL SERVICES 50 CAPITAL PROJECT BOND PROCEEDS 500 AIR QUALITY PROGRAMS 256 ANIMAL SHELTERING SVCS 52 HOUSING AUTHORITY 510 STREET & SIGNAL LIGHTING 260 INSURANCE & SURETY BONDS 61 COMMUNITY BENEFITS FUND 573 LINE MAINTENANCE 265 MEMBERSHIPS & DUES 62 LIGHT UP GRAND TERRACE FUND 600 ZONE 1 13364 CANAL -TERR PINES 268 TRAINING 63 ILLEGAL FIREWORKS FUND 601 ZONE 3 TRACT 14471 PICO & ORIOLE 270 TRAVEL/CONFERENCES/MTGS 64 PUBLIC SAFETY FUND 602 ZONE 2 14264 FORREST CITY PHASE II 271 MILEAGE 65 SENIOR BUS PROGRAM FUND 603 ZONE 4 TRACT 17766 GREENBRIAR 625 NPDES 66 CAL RECYCLE GRANT 604 ZONE 5 TRACT 18793 PALOMINO 631 STORM DRAIN MAINTENANCE 67 PUBLIC EDUC & GOVT ACCESS (PEG)605 ZONE 6 TRACT 18071 JADEN 801 PLANNING COMMISSION 68 40TH YR CELEBRATION FUND 606 ZONE 7 TRACT 18604 TESORO/VAN BUREN 804 HISTORICAL & CULTURAL COMM. 69 COMMUNITY DAY FUND 625 NPDES 311 FACILITY IMPROVEMENTS 70 FIXED ASSED/EQUIP REPL FUND 631 STORM DRAIN MAINTENANCE 570 WASTEWATER TREATMENT 73 ACTIVE TRANS PRGM (ATP) GRANT 700 CAPITAL OUTLAY 400 OTHER COMMUNITY GRANTS 74 HIGHWAY SFTY IMPV PRGM (HSIP)705 EVERY 15 MINUTES 601 ELECTRICAL VEHICLE STATIONS 75 EMER MGMT PREP GRANT (EMPG)801 PLANNING COMMISSION 700 COMPUTER EQUIPMENT 76 ENHANCED INFRA FIN DIST (EIFD)804 HISTORICAL & CULTURAL COMMITTEE 701 CAPITAL IMPROVEMENT OTHER 77 SO CAL INCENTIVE PROJECT (SCIP)805 SENIOR CITIZENS PROGRAM 705 VEHICLES 90 COVID-19 EMERGENCY FUND 808 EMERGENCY OPERATIONS PROG.998 OVERHEAD COST ALLOCATION 95 DOG PARK ENDOWMENT FUND 999 TRANSFERS 999 TRANSFERS OUT City of Grand Terrace Check Register Index C.5.a Packet Pg. 106 At t a c h m e n t : C h e c k R e g i s t e r A c c o u n t I n d e x ( D e c - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 7 3 , 7 8 7 . 1 4 ) CITY OF GRAND TERRACE FY2021-22 GRAND TERRACE CIVIC CENTER 22795 BARTON ROAD GRAND TERRACE, CA 92313 MONTHLY CHECK REGISTER For the Period Ending December 31, 2021 Darcy McNaboe, Mayor Bill Hussey, Mayor Pro Tem Sylvia Robles, Council Member Doug Wilson, Council Member Jeff Allen, Council Member The Grand Terrace City Council meets on the Second and Fourth Tuesday of each month at 6:00 pm. C.5.b Packet Pg. 107 At t a c h m e n t : d e c c h e c k r e g i s t e r ( D e c - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 7 3 , 7 8 7 . 1 4 ) Invoice # Check Register CITY OF GRAND TERRACE As of 12/31/2021 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 78664 12/03/2021 86GRAFFITI 19101201 GRAFFITI REMOVAL AT TESORO 12/02/2021 E 26-606-250-000-000 510.00 510.00 510.00 78665 12/03/2021 ALESHIRE AND WYNDER LLP 65054 OCT 2021 LEGAL SERVICES - GENERAL 11/17/2021 E 10-160-250-000-000 8,978.00 8,978.00 65060 OCT 2021 LEGAL SERVICES - REFUSE 11/17/2021 E 10-160-250-100-000 5,617.92 5,617.92 65069 OCT 2021 LEGAL SERVICES - REIMBURSEABLE - STANDARD11/17/2021 E 10-160-250-000-000 5,301.00 5,301.00 65057 OCT 2021 LEGAL SERVICES - PLANNING 11/17/2021 E 10-160-250-000-000 3,422.48 3,422.48 65059 OCT 2021 LEGAL SERVICES - SUCCESSOR AGENCY11/17/2021 E 10-160-250-100-000 901.88 901.88 65058 OCT 2021 LEGAL SERVICES - PW - ENGINEERING11/17/2021 E 10-160-250-000-000 665.00 665.00 65063 OCT 2021 LEGAL SERVICES - LEWIS GROUP - REIMBURSABLE11/17/2021 B 10-015-60-00 608.00 608.00 65066 OCT 2021 LEGAL SERVICES - PW - FACILITIES 11/17/2021 E 10-160-250-000-000 608.00 608.00 65056 OCT 2021 LEGAL SERVICES - PERSONNEL 11/17/2021 E 10-160-250-000-000 564.00 564.00 C.5.b Packet Pg. 108 At t a c h m e n t : d e c c h e c k r e g i s t e r ( D e c - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 7 3 , 7 8 7 . 1 4 ) Invoice # Check Register CITY OF GRAND TERRACE As of 12/31/2021 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 65068 65061 OCT 2021 LEGAL SERVICES - CITY REAL PROPERTY11/17/2021 E 10-160-250-000-000 376.00 376.00 OCT 2021 LEGAL SERVICES - SUNNY DAYS LLC 11/17/2021 B 10-015-61-00 294.75 294.75 65064 OCT 2021 LEGAL SERVICES - PW - STREETS 11/17/2021 E 10-160-250-000-000 247.00 247.00 65055 OCT 2021 LEGAL SERVICES - LITIGATION 11/17/2021 E 10-160-250-100-000 164.50 164.50 65067 OCT 2021 LEGAL SERVICES - COVID-19 11/17/2021 E 10-160-250-100-000 152.00 152.00 65065 OCT 2021 LEGAL SERVICES - PW - PARKS 11/17/2021 E 10-160-250-000-000 114.00 114.00 65062 OCT 2021 LEGAL SERVICES - LABOR NEGOTIATIONS11/17/2021 E 10-160-250-000-000 63.50 63.50 28,078.03 78666 12/03/2021 ALLIANT INSURANCE SERVICES 1814111 INSURANCE FOR LIGHT UP GT 11/24/2021 E 62-120-220-000-000 1,481.00 1,481.00 1,481.00 C.5.b Packet Pg. 109 At t a c h m e n t : d e c c h e c k r e g i s t e r ( D e c - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 7 3 , 7 8 7 . 1 4 ) Invoice # Check Register CITY OF GRAND TERRACE As of 12/31/2021 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 78667 12/03/2021 CITY NEWSPAPER GROUP 35547 PUBLIC HEARING NOTICE RE: BATTERY ENERGY STORAGE SYSTEM11/16/2021 B 23-510-57-00 485.63 485.63 35505 GT PUBLIC ORDINANCE NO 335 11/05/2021 E 10-125-230-000-000 362.60 362.60 35519 GT PUBLIC ORDINANCE NO. 335 11/12/2021 E 10-125-230-000-000 259.00 259.00 1,107.23 78668 12/03/2021 CLEAN STREET 101580CS NOV21 STREET SWEEPING SERVICES 11/30/2021 E 16-900-254-000-000 4,542.00 4,542.00 4,542.00 78669 12/03/2021 COUNTY OF RIVERSIDE TLMA ADM TL0000016093 OCT21 TRAFFIC SIGNAL MONITORING - MAIN ST & MICHIGAN11/18/2021 E 10-195-245-000-000 133.53 133.53 133.53 78670 12/03/2021 FIREMASTER 0000895304 FIRE EXTINGUISHER SERVICE 10/08/2021 E 10-195-245-000-000 665.00 665.00 665.00 78671 12/03/2021 GOPHER PATROL 513616 NOV21 PICO PARK 11/24/2021 E 10-450-245-000-000 400.00 400.00 513619 NOV21 CITY HALL 11/23/2021 E 10-195-245-000-000 325.00 325.00 488209 JUL21 DOG PARK 07/22/2021 E 10-450-245-000-000 225.00 225.00 513621 NOV 21 GT DOG PARK 11/23/2021 E 10-450-245-000-000 225.00 225.00 C.5.b Packet Pg. 110 At t a c h m e n t : d e c c h e c k r e g i s t e r ( D e c - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 7 3 , 7 8 7 . 1 4 ) Invoice # Check Register CITY OF GRAND TERRACE As of 12/31/2021 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 513618 NOV21 ROLLINS PARK 11/23/2021 E 10-450-245-000-000 88.50 88.50 1,263.50 78672 12/03/2021 HDL SOFTWARE LLC SIN012875 OCT BUSINESS LICENSE PROCESSING FEES 10/31/2021 E 10-140-250-000-000 90.00 90.00 90.00 78673 12/03/2021 WILLIAM HUSSEY NOV2021 BH HLTH REIMNOV 2021 BH HEALTH REIMBURSEMENT 11/01/2021 E 10-110-142-000-000 273.55 273.55 DEC2021 BH HLTH REIMDEC 2021 BH HEALTH REIMBURSEMENT 12/01/2021 E 10-110-142-000-000 273.55 273.55 547.10 78674 12/03/2021 INTERWEST CONSULTING GROUP 73933 OCT21 DEPUTY BUILDING OFFICIAL & PW PLAN CHECK REVIEW11/17/2021 E 10-175-250-000-000 5,397.50 5,397.50 73943 OCT. 2021 DEPUTY BUILDING OFFICIAL & PW PLAN CHECK REVIEW11/17/2021 E 10-172-250-000-000 250.00 250.00 5,647.50 78675 12/03/2021 INTRADO INTERACTIVE SVCS CORP 229409 2021-22 SUPPORT AND MAINTENANCE RENEWAL11/16/2021 E 10-120-210-000-000 2,500.00 2,500.00 2,500.00 C.5.b Packet Pg. 111 At t a c h m e n t : d e c c h e c k r e g i s t e r ( D e c - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 7 3 , 7 8 7 . 1 4 ) Invoice # Check Register CITY OF GRAND TERRACE As of 12/31/2021 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 78676 12/03/2021 LINCOLN NATIONAL LIFE INSURANC LCLN DEC 2021 DEC 2021 LIFE/AD&D/DEP LIFE/WI/LTD 12/01/2021 B 10-022-66-00 823.18 E 10-120-142-000-000 44.30 E 10-125-142-000-000 25.52 E 10-140-142-000-000 20.36 E 10-172-142-000-000 6.32 E 10-175-142-000-000 15.67 E 10-185-142-000-000 48.26 E 10-450-142-000-000 10.24 E 16-175-142-000-000 25.27 E 52-400-142-000-000 1.39 E 65-425-142-000-000 3.80 E 74-175-142-000-000 2.52 1,026.83 1,026.83 78677 12/03/2021 DARCY MCNABOE DEC2021 DM HLTH REIMDEC 2021 DM HEALTH REIMBURSEMENT 12/01/2021 E 10-110-142-000-000 645.00 645.00 645.00 78678 12/03/2021 MIDAMERICA ADMIN RETIREMENT PAYDATE 10072021 ARSPAYDATE 10072021 ARS RETIREMENT 10/07/2021 B 10-022-68-00 241.92 241.92 PAYDATE 11042021 ARSPAYDATE 11042021 ARS RETIREMENT 11/04/2021 B 10-022-68-00 108.15 108.15 PAYDATE 10212021 ARSPAYDATE 10212021 ARS RETIREMENT 10/21/2021 B 10-022-68-00 89.40 89.40 PAYDATE 11182021 ARSPAYDATE 11182021 ARS RETIREMENT 11/18/2021 B 10-022-68-00 89.40 89.40 528.87 78679 12/03/2021 MOORE IACOFANO GOLTSMAN INC 0072379 OCT 2021 ENVIRONMENTAL REVIEW SVCS - CONDOR ENERGY STORAGE PROJECT11/22/2021 E 10-370-250-125-000 3,803.95 3,803.95 3,803.95 C.5.b Packet Pg. 112 At t a c h m e n t : d e c c h e c k r e g i s t e r ( D e c - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 7 3 , 7 8 7 . 1 4 ) Invoice # Check Register CITY OF GRAND TERRACE As of 12/31/2021 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 204943347001 78680 12/03/2021 OFFICE DEPOT 210033174001 FY 2021-22 OFFICE SUPPLIES 11/23/2021 E 10-190-210-000-000 77.98 E 10-370-210-000-000 138.22 216.20 209952641001 FY 2021-22 OFFICE SUPPLIES 11/18/2021 E 10-172-210-000-000 28.46 E 10-175-210-000-000 5.48 E 10-190-210-000-000 46.70 E 10-370-210-000-000 1.49 82.13 210845721001 FY 2021-22 OFFICE SUPPLIES 11/22/2021 E 10-370-210-000-000 56.02 56.02 FY 2021-22 OFFICE SUPPLIES 10/30/2021 E 10-125-210-000-000 43.09 43.09 210006179001 FY 2021-22 OFFICE SUPPLIES 11/18/2021 E 10-190-210-000-000 15.40 E 10-370-210-000-000 12.92 28.32 204934872001 FY 2021-22 OFFICE SUPPLIES 11/01/2021 E 10-125-210-000-000 15.16 15.16 440.92 78681 12/03/2021 ON SITE COMPUTING 54002174 DEC 2021 IT SERVICES 11/01/2021 E 10-380-250-000-000 6,364.00 6,364.00 6,364.00 78682 12/03/2021 RALPH ANDERSEN ASSOCIATES INV-03363 CITY MANAGER RECRUITMENT SERVICES - INSTALLMENT #109/13/2021 E 10-120-250-000-000 7,500.00 7,500.00 INV-03408 CITY MANAGER RECRUITMENT SERVICES - INSTALLMENT #210/18/2021 E 10-120-250-000-000 7,500.00 7,500.00 C.5.b Packet Pg. 113 At t a c h m e n t : d e c c h e c k r e g i s t e r ( D e c - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 7 3 , 7 8 7 . 1 4 ) Invoice # Check Register CITY OF GRAND TERRACE As of 12/31/2021 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total INV-03460 CITY MANAGER RECRUITMENT SERVICES - INSTALLMENT #311/29/2021 E 10-120-250-000-000 7,500.00 7,500.00 22,500.00 78683 12/03/2021 SBCTA GA DUES 22-09 FY2021-22 GENERAL ASSESSMENT DUES 11/23/2021 E 10-120-265-000-000 6,007.00 6,007.00 6,007.00 78684 12/03/2021 SO CAL LOCKSMITH 63086 KEYS FOR SENIOR CENTER 11/24/2021 E 10-805-245-000-000 127.15 127.15 127.15 78685 12/03/2021 SPARKLETTS 16179154 112021 NOV 2021 WATER FILTRATION SYSTEM RENTAL11/20/2021 E 10-190-238-000-000 84.00 84.00 84.00 78686 12/03/2021 ST FRANCIS ELECTRIC 17103313B REPLACEMENT OF SEVERAL INTERNALLY ILLUMINATED STREET SIGNS11/18/2021 E 16-510-255-000-000 8,286.00 8,286.00 8,286.00 78687 12/03/2021 SUPERIOR INTERNATIONAL IND INV0187324 FITNESS PARK SHADE SAIL 09/17/2021 E 10-955-800-109-000 12,692.31 12,692.31 12,692.31 78688 12/03/2021 TEAMSTERS LOCAL 1932 004 DECEMBER MEMBER DUES 11/18/2021 B 10-022-72-00 343.04 343.04 343.04 C.5.b Packet Pg. 114 At t a c h m e n t : d e c c h e c k r e g i s t e r ( D e c - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 7 3 , 7 8 7 . 1 4 ) Invoice # Check Register CITY OF GRAND TERRACE As of 12/31/2021 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 78689 12/03/2021 TIME WARNER CABLE 0228510112521 CITY HALL INTERNET CITY HALL OCT-DEC 2021 11/25/2021 E 10-190-238-000-000 246.96 246.96 0197046111621 CITY HALL CABLE - CITY HALL NOV-DEC 2021 11/16/2021 E 10-190-238-000-000 109.18 109.18 0153825112321 SR CENTER INTERNET - HSD3 - NOV-DEC 11/23/2021 E 10-805-238-000-000 89.99 89.99 446.13 78690 12/03/2021 TKE ENGINEERING INC 2021-839 VIVIENDA TOPOGRAPHIC SURVEY 11/18/2021 E 20-100-255-000-000 5,000.00 E 25-600-255-000-000 300.00 5,300.00 5,300.00 78691 12/03/2021 TRAFFIC MANAGEMENT PRODUCTS 800814 GENERAL MANAGEMENT SUPPLIES AND STREET11/12/2021 E 16-900-229-000-000 297.62 297.62 803519 GENERAL MANAGEMENT SUPPLIES AND STREET11/19/2021 E 16-900-229-000-000 10.88 10.88 308.50 78692 12/03/2021 UNDERGROUND SERVICE ALERT 1120210297 DEC21 MONTHLY DATABASE MAINTENANCE FEE12/01/2021 E 16-900-220-000-000 56.20 56.20 dsb20205937 DEC21 CA STATE FEE FOR REGULATORY COST 12/01/2021 E 16-900-220-000-000 33.60 33.60 89.80 78693 12/03/2021 WEST COAST ARBORISTS INC 1-7470 BANNER INSTALLATION AND REMOVAL FOR LIGHT UP GT11/22/2021 E 62-120-220-000-000 1,280.00 1,280.00 1,280.00 C.5.b Packet Pg. 115 At t a c h m e n t : d e c c h e c k r e g i s t e r ( D e c - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 7 3 , 7 8 7 . 1 4 ) Invoice # Check Register CITY OF GRAND TERRACE As of 12/31/2021 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 65394 78694 12/03/2021 WILLDAN 00416886 PLAN CHECK/ INSPECTION SVCS -PW & BLDG& SAFETY11/17/2021 E 10-172-250-100-000 1,134.00 1,134.00 00622184 OCT21 ON-CALL ENGINEERING SERVICES 11/16/2021 E 25-600-255-000-000 240.00 240.00 1,374.00 78695 12/10/2021 ALESHIRE AND WYNDER LLP 65383 NOV 2021 LEGAL SERVICES - PLANNING 12/01/2021 E 10-160-250-000-000 3,762.50 3,762.50 65380 NOV 2021 LEGAL SERVICES - GENERAL 12/01/2021 E 10-160-250-000-000 3,552.50 3,552.50 NOV 2021 LEGAL SERVICES - SUNNY DAYS LLC 12/01/2021 B 10-015-61-00 3,526.00 3,526.00 65382 NOV 2021 LEGAL SERVICES - PERSONNEL 12/01/2021 E 10-160-250-000-000 2,796.50 2,796.50 65390 NOV 2021 LEGAL SERVICES - PW - STREETS 12/01/2021 E 10-160-250-000-000 1,198.00 1,198.00 65388 NOV 2021 LEGAL SERVICES - CITY REAL PROPERTY12/01/2021 E 10-160-250-000-000 1,010.50 1,010.50 65384 NOV 2021 LEGAL SERVICES - PW - ENGINEERING12/01/2021 E 10-160-250-000-000 560.73 560.73 65389 NOV 2021 LEGAL SERVICES - LEWIS GROUP - REIMBURSABLE12/01/2021 B 10-015-60-00 480.00 480.00 65386 NOV 2021 LEGAL SERVICES - CODE ENFORCEMENT12/01/2021 E 10-160-250-000-000 448.50 448.50 C.5.b Packet Pg. 116 At t a c h m e n t : d e c c h e c k r e g i s t e r ( D e c - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 7 3 , 7 8 7 . 1 4 ) Invoice # Check Register CITY OF GRAND TERRACE As of 12/31/2021 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 65391 65393 NOV 2021 LEGAL SERVICES - COVID-19 12/01/2021 E 10-160-250-100-000 266.00 266.00 65385 NOV 2021 LEGAL SERVICES - FINANCE 12/01/2021 E 10-160-250-000-000 188.00 188.00 65392 NOV 2021 LEGAL SERVICES - PW - FACILITIES 12/01/2021 E 10-160-250-000-000 152.00 152.00 65387 NOV 2021 LEGAL SERVICES - SUCCESSOR AGENCY12/01/2021 E 10-160-250-100-000 141.00 141.00 65381 NOV 2021 LEGAL SERVICES - LITIGATION 12/01/2021 E 10-160-250-100-000 117.50 117.50 NOV 2021 LEGAL SERVICES - PW - PARKS 12/01/2021 E 10-160-250-000-000 19.00 19.00 18,218.73 78696 12/10/2021 BENSON PRODUCTIONS 1575 NOV 2021 VIDEOGRAPHER SERVICES 12/03/2021 E 10-380-250-000-000 340.00 340.00 340.00 78697 12/10/2021 FRANCHESKA BYMA 12022021 REIMBURSEMENT FOR CANDY CANES, PLASTIC TABLE ROLL, HAND SANITZER,12/02/2021 E 62-120-220-000-000 147.99 147.99 147.99 78698 12/10/2021 COLTON JT UNIFIED SCHOOL DISTR AR22-037 OCT-DEC 2021 CROSSING GUARD SERVICES 12/02/2021 E 10-190-255-000-000 4,302.00 4,302.00 4,302.00 C.5.b Packet Pg. 117 At t a c h m e n t : d e c c h e c k r e g i s t e r ( D e c - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 7 3 , 7 8 7 . 1 4 ) Invoice # Check Register CITY OF GRAND TERRACE As of 12/31/2021 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 9633455 78699 12/10/2021 COMPLETE PAPERLESS SOLUTIONS 3474 LASERFICHE - ELECTRONIC DOCUMENT MGMT SYSTEM RENEWAL12/02/2021 E 10-125-250-000-000 4,720.00 4,720.00 4,720.00 78700 12/10/2021 MARYBETH CORRERA 12022021 REIMBURSEMENT FOR 44 POINSETTIA BUSHES FOR LIGHT UP GT12/02/2021 E 62-120-220-000-000 47.41 47.41 47.41 78701 12/10/2021 GRAINGER 9128492379 SUPPLIES FOR MAINTENANCE STAFF 11/22/2021 E 10-175-245-000-000 122.97 122.97 122.97 78702 12/10/2021 HOME DEPOT CREDIT SERVICE 1270461 SUPPLIES FOR CITY HALL AND PARKS 11/17/2021 E 10-195-245-000-000 208.83 208.83 SUPPLIES FOR CITY HALL AND PARKS 11/19/2021 E 10-195-245-000-000 13.95 E 10-450-245-000-000 104.26 118.21 513767 SUPPLIES FOR CITY HALL AND PARKS 10/29/2021 E 10-450-245-000-000 117.98 117.98 9613528 SUPPLIES FOR CITY HALL AND PARKS 11/19/2021 E 10-195-245-000-000 15.38 E 10-450-245-000-000 99.96 115.34 1270460 SUPPLIES FOR CITY HALL AND PARKS 11/17/2021 E 10-450-245-000-000 46.61 46.61 7720217 SUPPLIES FOR CITY HALL AND PARKS 11/11/2021 E 10-450-245-000-000 44.46 44.46 651.43 C.5.b Packet Pg. 118 At t a c h m e n t : d e c c h e c k r e g i s t e r ( D e c - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 7 3 , 7 8 7 . 1 4 ) Invoice # Check Register CITY OF GRAND TERRACE As of 12/31/2021 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 78703 12/10/2021 INTERWEST CONSULTING GROUP 71584 JUL21 ON-CALL ENGINEERING SERVICES 08/20/2021 E 16-900-255-000-000 1,245.00 E 20-100-255-000-000 3,180.00 4,425.00 70492 JUN21 ON-CALL ENGINEERING SERVICES 07/13/2021 E 16-900-255-000-000 2,597.50 2,597.50 7,022.50 78704 12/10/2021 L H ENTERTAINMENT 05567 PHOTO BOOTH FOR LIGHT UP GT 11/19/2021 E 62-120-220-000-000 800.00 800.00 800.00 78705 12/10/2021 LYNN MERRILL HSIP-22-1 JUL21 MT VERNON GUARD RAIL PROJECT 08/04/2021 E 74-707-250-010-000 203.29 203.29 203.29 78706 12/10/2021 MORAN JANITORIAL SERVICES LLC 1971 NOV21 JANITORIAL SERVICES FOR CIVIC CENTER & PARKS - FY2021-202212/02/2021 E 10-195-245-000-000 1,304.00 E 10-450-245-000-000 1,325.00 2,629.00 2,629.00 78707 12/10/2021 GOVERNMENTJOBS COM INC NEOGOV INV-21967 FY21-22 PERFORMANCE EVALUATION SOFTWARE, GOVERNMENTJOBS.COM & INSIGHT SOFTWARE08/29/2021 E 10-120-210-000-000 4,221.40 4,221.40 INV-21963 FY21-22 PERFORMANCE EVALUATION SOFTWARE, GOVERNMENTJOBS.COM & INSIGHT SOFTWARE08/18/2021 E 10-120-210-000-000 918.47 918.47 5,139.87 78708 12/10/2021 PAY PLUS SOLUTIONS INC 27189 CALPERS MONTHLY CHARGES - DEC 12/01/2021 E 10-140-255-000-000 410.03 410.03 410.03 C.5.b Packet Pg. 119 At t a c h m e n t : d e c c h e c k r e g i s t e r ( D e c - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 7 3 , 7 8 7 . 1 4 ) Invoice # Check Register CITY OF GRAND TERRACE As of 12/31/2021 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 78709 12/10/2021 SB COUNTY SHERIFF 21156 DECEMBER LAW ENFORCEMENT SERVICES 12/01/2021 E 10-410-255-000-000 5,166.67 E 10-410-256-000-000 171,488.16 E 14-411-256-000-000 12,454.17 189,109.00 189,109.00 78710 12/10/2021 SO CA EDISON COMPANY NOV2021 EDISON BNOV 2021 ENERGY USAGE 12/01/2021 E 10-450-238-000-000 58.94 E 16-510-238-000-000 259.17 318.11 318.11 78711 12/10/2021 SO CAL LOCKSMITH 51802 KEYS FOR DOG PARK 12/07/2021 E 10-450-245-000-000 7.97 7.97 7.97 78712 12/10/2021 SPARKLETTS 9637116 120121 NOV2021 BOTTLED WATER SERVICES FOR CITY HALL & SENIOR CENTER12/01/2021 E 10-190-238-000-000 148.20 E 10-805-238-000-000 36.13 184.33 184.33 78713 12/10/2021 VERIZON WIRELESS 9893585839 ALPR CARD LINE CHARGES OCT-NOV 2021 11/23/2021 E 10-190-235-000-000 190.05 190.05 190.05 78714 12/10/2021 WEST COAST ARBORISTS INC 179961 NOV21 CITYWIDE TREE MAINTENANCE 11/30/2021 E 20-100-245-000-000 1,076.00 1,076.00 1,076.00 78715 12/17/2021 A STORAGE PLACE 12102021-UNIT B3334JAN 2022 STORAGE RENTAL - UNIT #B3334 12/10/2021 E 10-140-241-000-000 329.00 329.00 12102021 - UNIT B15JAN 2022 STORAGE RENTAL - UNIT #B15 12/10/2021 E 10-140-241-000-000 158.00 158.00 487.00 C.5.b Packet Pg. 120 At t a c h m e n t : d e c c h e c k r e g i s t e r ( D e c - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 7 3 , 7 8 7 . 1 4 ) Invoice # Check Register CITY OF GRAND TERRACE As of 12/31/2021 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 78716 12/17/2021 AMERICAN FIDELITY ASSURANCE CO 6018589 DEC 2021 EMP PAID FLEX SPEND/DEP CARE 12/03/2021 B 23-250-10-00 114.58 114.58 114.58 78717 12/17/2021 ARROWHEAD CREDIT UNION NOV2021 VISA NOV-DEC 2021 VISA CHARGES 12/02/2021 E 10-110-270-000-000 CM INTERVIEWS 71.75 E 10-120-210-000-000 OFFICE SUPPLIES 34.84 E 10-120-220-000-000 SUBSCRIPTION 14.00 E 10-140-210-000-000 OFFICE SUPPLIES 26.28 E 10-172-210-000-000 OFFICE SUPPLIES 270.61 E 10-175-220-000-000 COVID TESTING 387.00 E 10-175-272-000-000 VEHICLE MAINT 1,140.84 E 10-185-265-000-000 TRAINING COURSE 155.00 E 10-185-272-000-000 VEHICLE MAINT 146.93 E 10-195-245-000-000 CITY HALL MAINT 298.24 E 10-450-245-000-000 PARKS MAINT 418.45 E 16-900-257-000-000 POTHOLE REPAIRS 937.43 E 62-120-220-000-000 LIGHT UP GT 355.13 4,256.50 4,256.50 78718 12/17/2021 AT AND T DEC 2021 AT&T DEC 2021 AT&T 12/01/2021 E 10-190-235-000-000 1,569.32 E 10-450-235-000-000 244.25 E 10-805-235-000-000 451.46 E 10-808-235-000-000 468.41 2,733.44 2,733.44 78719 12/17/2021 AZURE HILLS 7TH DAY ADVENTIST 1902 LIGHT UP GRAND TERRACE CLEANUP SERVICE FEE12/15/2021 E 62-120-220-000-000 300.00 300.00 300.00 C.5.b Packet Pg. 121 At t a c h m e n t : d e c c h e c k r e g i s t e r ( D e c - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 7 3 , 7 8 7 . 1 4 ) Invoice # Check Register CITY OF GRAND TERRACE As of 12/31/2021 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 78720 12/17/2021 DIBA REAL ESTATE INVESTMENTS 12142021 REFUND OF ASSIGNMENT PAYMENT TO DIBA REAL ESTATE12/14/2021 E 10-190-251-000-000 20.00 B 23-510-55-00 24,980.00 25,000.00 25,000.00 78721 12/17/2021 EYEMED FIDELITY SECURITY LIFE 165051383 DEC EMPLOYEE PAID VISION INSURANCE 12/01/2021 B 10-022-71-00 145.71 145.71 145.71 78722 12/17/2021 FEDEX 7-556-83200 EXPRESS MAILING SERVICES - GOPHER PATROL, MORAN JANITORIAL11/04/2021 E 10-190-211-000-000 74.20 74.20 7-570-81579 EXPRESS MAILING SERVICES - LYNN MERRILL & ASSOCIATES11/18/2021 E 10-190-211-000-000 55.10 55.10 129.30 78723 12/17/2021 JULIA FIRNKOESS 12102021 REIMBURSEMENT FOR LIGHT UP GT WREATHS AND DECORATIONS12/10/2021 E 62-120-220-000-000 109.83 109.83 109.83 78724 12/17/2021 FRUIT GROWERS SUPPLY 92272324 FY2021-2022 IRRIGATION SUPPLIES FOR PARKS & GROUNDS12/10/2021 E 10-450-245-000-000 120.55 120.55 120.55 78725 12/17/2021 GOPHER PATROL 514880 DEC21 PICO PARK GOPHER CONTROL AT CITY PARKS AND CIVIC CENTER12/09/2021 E 10-450-245-000-000 400.00 400.00 400.00 C.5.b Packet Pg. 122 At t a c h m e n t : d e c c h e c k r e g i s t e r ( D e c - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 7 3 , 7 8 7 . 1 4 ) Invoice # Check Register CITY OF GRAND TERRACE As of 12/31/2021 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 78726 12/17/2021 HINDERLITER DE LLAMAS ASSOC SIN013426 SALES TAX CONTRACT SERVICES & QTR 2 2021 AUDIT SVCS12/10/2021 E 10-140-250-000-000 1,307.53 1,307.53 1,307.53 78728 12/17/2021 INTERSTATE BILLING SERVICE INC RV101588 REPAIR TO EOC TRAILER 09/15/2021 E 10-808-245-000-000 266.47 266.47 266.47 78729 12/17/2021 LANCE SOLL AND LUNGHARD LLP 47339 2021 STREET REPORT PREPARATION - FY2020-21 AUDIT11/30/2021 E 10-140-250-000-000 1,020.00 1,020.00 1,020.00 78730 12/17/2021 MICHAEL BAKER INTERNATIONAL 1126342 AUG 2021 ENVIRONMENTAL & PLANNING SVCS RELATED TO BRSP AND TCMDP09/10/2021 E 10-370-250-000-000 15,202.50 15,202.50 1134257 NOV 2021 - ENVIRONMENTAL & PLANNING SVCS RELATED TO BRSP AND TCMDP12/08/2021 E 10-370-250-000-000 2,593.80 2,593.80 1131559 OCT 2021 ENVIRONMENTAL & PLANNING SVCS RELATED TO BRSP AND TCMDP11/08/2021 E 10-370-250-000-000 1,605.00 1,605.00 1134254 NOV 2021 - CEQA AND ENVIRONMENTAL REVIEW AND ENTITLEMENT SUPPORT12/08/2021 E 10-370-250-202-000 238.28 238.28 19,639.58 78731 12/17/2021 ANA OBANDO 12142021 REFUND PLAN CHECK FEE DUE TO PROJECT CANCELLATION12/14/2021 R 10-410-07 127.00 127.00 127.00 C.5.b Packet Pg. 123 At t a c h m e n t : d e c c h e c k r e g i s t e r ( D e c - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 7 3 , 7 8 7 . 1 4 ) Invoice # Check Register CITY OF GRAND TERRACE As of 12/31/2021 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 78732 12/17/2021 RIVERSIDE HIGHLAND WATER CO OCT-DEC 2021 RHWC10/01/2021-12/01/2021 RIVERSIDE HIGHLAND WATER CO12/13/2021 E 10-175-238-000-000 393.39 E 10-190-238-000-000 1,160.44 E 10-450-238-000-000 8,365.26 E 10-805-238-000-000 2,641.59 E 26-600-239-000-000 669.47 E 26-601-239-000-000 413.32 13,643.47 13,643.47 78733 12/17/2021 SYLVIA ROBLES NOV2021 SR MEDICARENOV 2021 SR HEALTH REIMBURSMENT 11/22/2021 E 10-110-142-000-000 148.50 148.50 148.50 78734 12/17/2021 ROGERS ANDERSON MALODY SCOTT 67625 PROFESSIONAL SERVICES FOR INTERIM FINANCE DIRECTOR - NOV 202111/30/2021 E 10-120-250-000-000 15,000.00 15,000.00 15,000.00 78735 12/17/2021 SB COUNTY ASSESSOR 108943 DEC 2021 MONTHLY ASSESSOR PARCEL MAP 12/07/2021 E 10-370-210-000-000 4.00 4.00 4.00 78736 12/17/2021 SITEONE LANDSCAPE SUPPLY 115191559-001 IRRIGATION SUPPLIES 12/10/2021 E 10-450-245-000-000 24.54 24.54 24.54 C.5.b Packet Pg. 124 At t a c h m e n t : d e c c h e c k r e g i s t e r ( D e c - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 7 3 , 7 8 7 . 1 4 ) Invoice # Check Register CITY OF GRAND TERRACE As of 12/31/2021 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 414817895 78737 12/17/2021 ST FRANCIS ELECTRIC 171033115 NOV21 RESPONSE SIGNAL LIGHT MAINTENANCE11/30/2021 E 16-510-255-000-000 791.58 791.58 171033114 NOV21 ROUTINE SIGNAL LIGHT MAINTENANCE 11/30/2021 E 16-510-255-000-000 563.85 563.85 1,355.43 78738 12/17/2021 SUNBELT RENTALS INC 120520121-0001 LIGHTS FOR LIGHT UP GRAND TERRACE 2021 12/03/2021 E 62-120-250-000-000 569.61 569.61 569.61 78739 12/17/2021 SWRCB WD-0190858 SEWER PERMIT FEE - WDR 07/01/2021-06/30/202212/08/2021 E 10-625-220-000-000 3,326.00 3,326.00 3,326.00 78740 12/17/2021 TERMINIX 414819807 DEC21 PEST CONTROL SVCS FOR SENIOR CENTER12/01/2021 E 10-805-245-000-000 197.00 197.00 414817809 DEC21 PEST CONTROL SVCS FOR CIVIC CENTER12/01/2021 E 10-195-245-000-000 149.50 149.50 414819776 DEC21 PEST CONTROL SVCS FOR SENIOR CENTER12/01/2021 E 10-805-245-000-000 149.50 149.50 DEC21 PEST CONTROL SVCS FOR CIVIC CENTER12/01/2021 E 10-195-245-000-000 112.00 112.00 608.00 78741 12/17/2021 TIME WARNER CABLE 0262246120321 RICHARD ROLLINS PARK INTERNET - DEC21-JAN2212/03/2021 E 10-450-238-000-000 314.98 314.98 0007245120721 SR CTR CABLE/INTERNET BLDG3 - DEC21-JAN2212/07/2021 E 10-805-238-000-000 278.37 278.37 593.35 C.5.b Packet Pg. 125 At t a c h m e n t : d e c c h e c k r e g i s t e r ( D e c - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 7 3 , 7 8 7 . 1 4 ) Invoice # Check Register CITY OF GRAND TERRACE As of 12/31/2021 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 78742 12/17/2021 TRAFFIC MANAGEMENT PRODUCTS 792948 GENERAL MANAGEMENT SUPPLIES AND STREET10/21/2021 E 16-900-229-000-000 2,763.35 2,763.35 2,763.35 78743 12/17/2021 VIGILANT SOLUTIONS 45557 RI AUTOMATED LICENSE PLATE READER CAMERA ANNUAL MAINT 2/22-1/2312/02/2021 E 17-900-255-000-000 1,650.00 1,650.00 1,650.00 78744 12/17/2021 WILLDAN 00225302 CODE ENFORCEMENT SERVICES - AUG-SEP 202110/12/2021 E 10-185-255-000-000 1,690.00 1,690.00 00225048 CODE ENFORCEMENT SERVICES - AUG. 21-22 202109/17/2021 E 10-185-255-000-000 1,040.00 1,040.00 002-25553 PLAN CHECK/ INSPECTION SVCS -PW & BLDG& SAFETY12/02/2021 E 10-172-250-100-000 780.00 780.00 002-25552 NOV 2021 - PLAN CHECK/ INSPECTION SVCS -PW & BLDG& SAFETY12/02/2021 E 10-172-250-100-000 340.00 340.00 3,850.00 393769 12/15/2021 AMERICAN FIDELITY ASSURANCE CO D393769 DEC 2021 - EMPLOYEE CANCER & ACCIDENT INSURANCE12/01/2021 B 23-250-20-00 307.60 307.60 307.60 3430709 12/09/2021 SO CA GAS COMPANY NOV2021 GAS SERVICENOV 2021 GAS SERVICE 12/09/2021 E 10-190-238-000-000 1,669.25 E 10-805-238-000-000 97.48 1,766.73 1,766.73 C.5.b Packet Pg. 126 At t a c h m e n t : d e c c h e c k r e g i s t e r ( D e c - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 7 3 , 7 8 7 . 1 4 ) Invoice # Check Register CITY OF GRAND TERRACE As of 12/31/2021 Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total 12785400 12/07/2021 SO CA EDISON COMPANY NOV2021 EDISON NOV 2021 ENERGY USAGE 11/29/2021 E 10-172-238-000-000 119.77 E 10-175-238-000-000 119.77 E 10-190-238-000-000 5,090.52 E 10-450-238-000-000 1,955.49 E 16-510-238-000-000 6,332.77 E 26-600-238-000-000 -198.78 E 26-601-238-000-000 -161.51 E 26-602-238-000-000 -223.62 E 26-603-238-000-000 -37.27 E 26-604-238-000-000 56.67 E 26-605-238-000-000 45.58 13,099.39 13,099.39 76517571 12/08/2021 WEX BANK 76517571 NOV-DEC 2021 VEHICLE FUEL CHEVRON 12/06/2021 E 10-172-272-000-000 30.00 E 10-175-272-000-000 1,630.64 E 10-185-272-000-000 303.60 E 65-425-272-000-000 820.80 2,785.04 2,785.04 ########12/10/2021 VERIZON WIRELESS 9893995018 NOV-DEC21 MONTHLY PHONE CHARGES 12/01/2021 E 10-172-235-000-000 50.93 E 10-175-240-000-000 933.74 E 10-185-235-000-000 153.65 E 10-370-235-000-000 20.47 E 10-805-238-000-000 760.32 E 65-425-235-000-000 362.46 2,281.57 2,281.57 Total Checks:473,787.14 C.5.b Packet Pg. 127 At t a c h m e n t : d e c c h e c k r e g i s t e r ( D e c - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 7 3 , 7 8 7 . 1 4 ) C.5.b Packet Pg. 128 At t a c h m e n t : d e c c h e c k r e g i s t e r ( D e c - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 7 3 , 7 8 7 . 1 4 ) This page left intentionally blank. C.5.b Packet Pg. 129 At t a c h m e n t : d e c c h e c k r e g i s t e r ( D e c - 2 0 2 1 C h e c k R e g i s t e r i n t h e A m o u n t o f $ 4 7 3 , 7 8 7 . 1 4 ) AGENDA REPORT MEETING DATE: January 25, 2022 Council & Housing Authority Item TITLE: Housing Successor Agency Annual Financial Report for the Year Ended June 30, 2021 PRESENTED BY: Terry Shea, Interim Finance Director RECOMMENDATION: Receive and file the Auditor's Annual Financial Report and related document for the City's Housing Successor Agency. 2030 VISION STATEMENT: This staff report supports Goal #1, Ensuring Our Fiscal Viability” through the continuous monitoring of revenue receipts and expenditure disbursements against approved budget appropriations. BACKGROUND: Each year, the City has an independent audit conducted of its financial statements and related internal control procedures, included in this is the Audit of the City’s Housing Successor Agency. The audit for the Housing Successor Agency for the fiscal year ended June 30, 2021 has been completed and the Annual Financial Report issued by the City’s auditor, Lance, Soll & Lunghard, LLP. DISCUSSION: One of the key aspects of any annual financial audit is the Independent Auditor’s Report, which is provided on page 1 of the Annual Audit Report (Exhibit A). The Independent Auditor’s Report provides its opinion on whether or not the financial statements fairly present, in all material respects, the respective financial position of the governmental activities, and the major fund, as of the end of the fiscal year, and the respective changes in financial position and cash flows, where applicable, in conformance with Generally Accepted Accounting Principles (GAAP). The resulting “opinion letter” is either unmodified or modified. The “opinion letter” received by the City for its Housing Successor Agency financial statements for the period ended June 30, 2021 is unmodified, indicating that the financial statements fairly represent the City’s financial position in accordance with GAAP. In addition to the Annual Financial Report, the independent auditor issued the related document, which is summarized below: • Internal Control & Compliance Report (Exhibit B) The Internal Control & Compliance Report identifies any material internal control deficiencies that impact the financial statements. The results of the tests C.6 Packet Pg. 130 performed by the City auditors did not identify any deficiencies in internal control that are required to be reported under Government Auditing Standards. In addition, the results of the Auditor’s tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. FISCAL IMPACT: There is no fiscal impact associated with the receipt of the Annual Financial Report and related documents for the year ended June 30, 2021. ATTACHMENTS: • Exhibit A - Grand Terrace Housing Successor FS (PDF) • Exhibit B -Grand Terrace Housing Successor Report on IC (PDF) APPROVALS: Terry Shea Completed 01/14/2022 3:46 PM Finance Completed 01/14/2022 4:24 PM City Attorney Completed 01/18/2022 3:44 PM City Manager Completed 01/18/2022 4:11 PM City Council Pending 01/25/2022 6:00 PM C.6 Packet Pg. 131 *5$1'7(55$&( +286,1*68&&(6625$*(1&< *5$1'7(55$&(&$/,)251,$ -81(),1$1&,$/67$7(0(176 C.6.a Packet Pg. 132 At t a c h m e n t : E x h i b i t A - G r a n d T e r r a c e H o u s i n g S u c c e s s o r F S ( H o u s i n g S u c c e s s o r A g e n c y A n n u a l F i n a n c i a l R e p o r t f o r t h e Y e a r E n d e d J u n e   *5$1'7(55$&( +286,1*68&&(6625$*(1&<  *5$1'7(55$&(&$/,)251,$  ),1$1&,$/67$7(0(176  -81(  C.6.a Packet Pg. 133 At t a c h m e n t : E x h i b i t A - G r a n d T e r r a c e H o u s i n g S u c c e s s o r F S ( H o u s i n g S u c c e s s o r A g e n c y A n n u a l F i n a n c i a l R e p o r t f o r t h e Y e a r E n d e d J u n e GRAND TERRACE HOUSING SUCCESSOR AGENCY GRAND TERRACE, CALIFORNIA FINANCIAL STATEMENTS JUNE 30, 2021 TABLE OF CONTENTS Page Number Independent Auditors’ Report .................................................................................................................. 1 Independent Auditors’ Report on Compliance with Applicable Requirement and on Internal Control Over Compliance ................................................................... 4 Basic Financial Statements Statement of Net Position and Governmental Fund Balance Sheet ................................................. 7 Statement of Activities and Governmental Statement of Revenues, Expenditures and Changes in Fund Balance .................................................................................... 8 Notes to Financial Statements .............................................................................................................. 9 Required Supplementary Information Budgetary Comparison Schedule ..................................................................................................... 12 Other Information Computation of Housing Successor Excess/Surplus ....................................................................... 13 C.6.a Packet Pg. 134 At t a c h m e n t : E x h i b i t A - G r a n d T e r r a c e H o u s i n g S u c c e s s o r F S ( H o u s i n g S u c c e s s o r A g e n c y A n n u a l F i n a n c i a l R e p o r t f o r t h e Y e a r E n d e d J u n e 203 N. Brea Blvd., Suite 203 Brea, CA 92821 Lance, Soll & Lunghard, LLP Phone: 714.672.0022 INDEPENDENT AUDITORS’ REPORT To the Honorable Mayor and Members of the City Council Grand Terrace Housing Successor City of Grand Terrace, California Report on the Financial Statements Opinions We have audited the accompanying financial statements of the governmental activities, and the major governmental fund of the Grand Terrace Housing Successor, (the Housing Successor), a special revenue fund of the City of Grand Terrace, California, as of and for the year ended June 30, 2021, and the related notes to the financial statements, which collectively comprise the Housing Successor’s basic financial statements as listed in the table of contents. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, and the major governmental fund of the Grand Terrace Housing Successor, as of June 30, 2021, and the respective changes in financial position for the year then ended in accordance with accounting principles generally accepted in the United States of America. Basis for Opinions We conducted our audit in accordance with auditing standards generally accepted in the United States of America (GAAS) and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the Housing Successor and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audits. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Emphasis of Matter As discussed in Note 1, the financial statements present the financial position of only the Housing Successor, and do not present, or purport to present fairly, the financial position of the City as of June 30, 2021, in accordance with accounting principle generally accepted in the United States of America. Out opinion is not modified with respect to this matter. Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. C.6.a Packet Pg. 135 At t a c h m e n t : E x h i b i t A - G r a n d T e r r a c e H o u s i n g S u c c e s s o r F S ( H o u s i n g S u c c e s s o r A g e n c y A n n u a l F i n a n c i a l R e p o r t f o r t h e Y e a r E n d e d J u n e To the Honorable Mayor and Members of the City Council Grand Terrace Housing Successor City of Grand Terrace, California In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the Housing Successor’s ability to continue as a going concern for twelve months beyond the date of the financial statements. Auditor’s Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with the GAAS and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if, there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements. In performing an audit in accordance with GAAS and Government Auditing Standards, we:  Exercise professional judgment and maintain professional skepticism throughout the audit.  Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements.  Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Housing Successor’s internal control. Accordingly, no such opinion is expressed.  Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements.  Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the Housing Successor’s ability to continue as a going concern for a reasonable period of time. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control-related matters that we identified during the audit. Other Reporting Responsibilities Required Supplementary Information Management has omitted the management’s discussion and analysis, that accounting principles generally accepted in the United States of America require to be presented to supplement the basic financial statements. Such missing information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. Our opinion on the basic financial statements is not affected by this missing information. 2 C.6.a Packet Pg. 136 At t a c h m e n t : E x h i b i t A - G r a n d T e r r a c e H o u s i n g S u c c e s s o r F S ( H o u s i n g S u c c e s s o r A g e n c y A n n u a l F i n a n c i a l R e p o r t f o r t h e Y e a r E n d e d J u n e To the Honorable Mayor and Members of the City Council Grand Terrace Housing Successor City of Grand Terrace, California Other Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the Housing Successor’s basic financial statements. The report on excess/surplus calculation is presented for purposes of additional analysis and is not a required part of the basic financial statements. The report on excess/surplus calculation is the responsibility of management and was derived from the basic financial statements. The report on excess/surplus calculation has not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we do not express an opinion or provide any assurance on them. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated December 29, 2021 on our consideration of the Housing Successor’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Housing Successor’s internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Housing Successor’s internal control over financial reporting and compliance. Brea, California December 29, 2021 3 C.6.a Packet Pg. 137 At t a c h m e n t : E x h i b i t A - G r a n d T e r r a c e H o u s i n g S u c c e s s o r F S ( H o u s i n g S u c c e s s o r A g e n c y A n n u a l F i n a n c i a l R e p o r t f o r t h e Y e a r E n d e d J u n e 203 N. Brea Blvd., Suite 203 Brea, CA 92821 Lance, Soll & Lunghard, LLP Phone: 714.672.0022 INDEPENDENT AUDITORS’ REPORT ON COMPLIANCE ON COMPLIANCE WITH APPLICABLE REQUIREMENT AND ON INTERNAL CONTROL OVER COMPLIANCE To the Honorable Mayor and Members of the City Council Grand Terrace Housing Successor City of Grand Terrace, California Report on Compliance for Housing Successor Opinion We have audited the City of Grand Terrace Housing Successor (the Housing Successor) of the City of Grand Terrace, California’s (the City), compliance with the types of compliance requirements described in the California Health and Safety Code section applicable to California Housing Successor Agencies for the year ended June 30, 2021. In our opinion, the Housing Successor complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on its Housing Successor for the year ended June 30, 2021. Basis for Opinion We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America (GAAS); the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the audit requirements of California Health and Safety Code sections applicable to California Housing Successor Agencies. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of Compliance section of our report. We are required to be independent of the Housing Successor and to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion. Our audit does not provide a legal determination of the Housing Successor’s compliance with the compliance requirements referred to above. Responsibilities of Management for Compliance Management is responsible for compliance with the requirements referred to above and for the design, implementation, and maintenance of effective internal control over compliance with the requirements of laws, statutes, regulations, rules, and provisions of contracts applicable to the Housing Successor programs. Auditor’s Responsibilities for the Audit of Compliance Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above, whether due to fraud or error, and express an opinion on the Housing Successor’s compliance based on our audit. Reasonable assurance is a high level of assurance C.6.a Packet Pg. 138 At t a c h m e n t : E x h i b i t A - G r a n d T e r r a c e H o u s i n g S u c c e s s o r F S ( H o u s i n g S u c c e s s o r A g e n c y A n n u a l F i n a n c i a l R e p o r t f o r t h e Y e a r E n d e d J u n e To the Honorable Mayor and Members of the City Council Grand Terrace Housing Successor City of Grand Terrace, California but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS, Government Auditing Standards, and the California Health and Safety Code sections applicable to California Housing Successor Agencies will always detect material noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with the compliance requirements referred to above is considered material if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the Housing Successor’s compliance with the requirements of the government program as a whole. In performing an audit in accordance with GAAS, Government Auditing Standards, and California Health and Safety Code sections applicable to California Housing Successor Agencies, we:  Exercise professional judgment and maintain professional skepticism throughout the audit.  Identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the Housing Successor’s compliance with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances.  Obtain an understanding of the Housing Successor’s internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with California Health and Safety Code sections applicable to California Housing Successor Agencies, but not for the purpose of expressing an opinion on the effectiveness of the Housing Successor’s internal control over compliance. Accordingly, no such opinion is expressed. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we identified during the audit. Report on Internal Control over Compliance A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. Our consideration of internal control over compliance was for the limited purpose described in the Auditor’s Responsibilities for the Audit of Compliance section above and was not designed to identify all deficiencies in internal control over compliance. Given these limitations, during our audit we did not identify any deficiencies in internal control over compliance that we consider to be a material weakness, as defined above. However, material weaknesses or significant deficiencies in internal control over compliance may exist that have not been identified. 5 C.6.a Packet Pg. 139 At t a c h m e n t : E x h i b i t A - G r a n d T e r r a c e H o u s i n g S u c c e s s o r F S ( H o u s i n g S u c c e s s o r A g e n c y A n n u a l F i n a n c i a l R e p o r t f o r t h e Y e a r E n d e d J u n e To the Honorable Mayor and Members of the City Council Grand Terrace Housing Successor City of Grand Terrace, California Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed. Report on Excess/Surplus Calculation We have audited the financial statements of the governmental activities of the Grand Terrace Housing Successor as of and for the year ended June 30, 2021. We issued our report thereon dated December 29, 2021, which contained unmodified opinions on those financial statements. Our audit was conducted for the purpose of forming opinions on the financial statements. The accompanying report on excess/surplus calculation is presented for purposes of additional analysis as required by the California Health and Safety Code sections applicable to California Housing Successor Agencies and is not a required part of the basic financial statements. Such information is the responsibility of management and was derived from the financial statements. The report on excess/surplus calculation has not been subjected to the auditing procedures applied in the audit of the financial statements and, accordingly, we do not express an opinion or provide any assurance on it. The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the California Health and Safety Code sections applicable to California Housing Successor Agencies. Accordingly, this report is not suitable for any other purpose. Brea, California December 29, 2021 6 C.6.a Packet Pg. 140 At t a c h m e n t : E x h i b i t A - G r a n d T e r r a c e H o u s i n g S u c c e s s o r F S ( H o u s i n g S u c c e s s o r A g e n c y A n n u a l F i n a n c i a l R e p o r t f o r t h e Y e a r E n d e d J u n e GRAND TERRACE HOUSING SUCCESSOR AGENCY STATEMENT OF NET POSITION AND GOVERNMENTAL FUND BALANCE SHEET JUNE 30, 2021 Reclassifications Governmental and Statement of Fund Eliminations Net Position Assets: Cash and investments 1,400,453$ -$ 1,400,453$ Receivables: Notes and loans 574,491 - 574,491 Advances to City 168,205 - 168,205 Total Assets 2,143,149$ - 2,143,149 Liabilities, Deferred Inflows of Resources, and Fund Balance: Liabilities Accounts payable 6$ - 6$ Due to other governments 21,165 - 21,165 Total Liabilities 21,171 - 21,171 Deferred Inflows of Resources: Unavailable revenues 60,491 (60,491) - Total Deferred Inflows of Resources 60,491 (60,491) - Fund Balance/Net Position: Fund Balance Restricted for: Low and moderate housing activities 2,061,487 (2,061,487) - Total Fund Balance 2,061,487 (2,061,487) - Total Liabilities, Deferred Inflows of Resources and Fund Balance 2,143,149$ Net Position Restricted for: Low and moderate housing activities 2,061,487 2,121,978 Total Net Position 60,491$ 2,121,978$ See Notes to Financial Statements.7 C.6.a Packet Pg. 141 At t a c h m e n t : E x h i b i t A - G r a n d T e r r a c e H o u s i n g S u c c e s s o r F S ( H o u s i n g S u c c e s s o r A g e n c y A n n u a l F i n a n c i a l R e p o r t f o r t h e Y e a r E n d e d J u n e GRAND TERRACE HOUSING SUCCESSOR AGENCY STATEMENT OF ACTIVITIES AND GOVERNMENTAL STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE YEAR ENDED JUNE 30, 2021 Reclassifications Governmental and Statement of Fund Eliminations Activities Revenues: Use of money and property 2,057$ 324$ 2,381$ Total Revenues 2,057 324 2,381 Expenditures: Current: Community development 21,592 - 21,592 Total Expenditures 21,592 - 21,592 Excess (Deficiency) of Revenues Over (Under) Expenditures (19,535) 324 (19,211) Fund Balance/Net Position: Beginning of Year 2,081,022 60,167 2,141,189 End of Year 2,061,487$ 60,491$ 2,121,978$ See Notes to Financial Statements.8 C.6.a Packet Pg. 142 At t a c h m e n t : E x h i b i t A - G r a n d T e r r a c e H o u s i n g S u c c e s s o r F S ( H o u s i n g S u c c e s s o r A g e n c y A n n u a l F i n a n c i a l R e p o r t f o r t h e Y e a r E n d e d J u n e GRAND TERRACE HOUSING SUCCESSOR AGENCY NOTES TO FINANCIAL STATEMENTS JUNE 30, 2021 I. SIGNIFICANT ACCOUNTING POLICIES Note 1: Organization and Summary of Significant Accounting Policies a. Description of the Reporting Entity The accompanying financial statements present only the Housing Successor Agency Special Revenue Fund of the City of Grand Terrace, California and do not include any other funds of the City. The City's basic financial statements are available at City Hall. On December 29, 2011, the California Supreme Court upheld Assembly Bill 1X 26 (the Bill) that provides for the dissolution of all redevelopment agencies in the State of California. The Bill impacted the reporting entity of the City of Grand Terrace that previously had reported a redevelopment agency within the report of the City as a blended component unit. On January 10, 2012, and in accordance with California Health and Safety Code Section 34176, the City Council as part of City resolution number CC-2012-06, elected to retain the housing assets and function of the former redevelopment agency. The City continues to report the housing assets and functions in the government special revenue fund designated City Housing Successor. The attached basic financial statements contain information relative only to the Grand Terrace Housing Successor Agency Fund (the Housing Successor). b. Government-Wide and Fund Financial Statements The government-wide financial statements (Statement of Net position and Statement of Activities) report information on all activities of the Housing Successor. The statement of activities demonstrates the degree to which the direct expenses of a given function or segment is offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include: 1) charges to customers or applicants who purchase, use or directly benefit from goods, services or privileges provided by a given function or segment, and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes and other items not properly included among program revenues are reported instead as general revenues. Separate financial statements are provided for the governmental special revenue fund. c. Measurement Focus, Basis of Accounting and Financial Statement Presentation The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the government considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. 9 C.6.a Packet Pg. 143 At t a c h m e n t : E x h i b i t A - G r a n d T e r r a c e H o u s i n g S u c c e s s o r F S ( H o u s i n g S u c c e s s o r A g e n c y A n n u a l F i n a n c i a l R e p o r t f o r t h e Y e a r E n d e d J u n e GRAND TERRACE HOUSING SUCCESSOR AGENCY NOTES TO FINANCIAL STATEMENTS (CONTINUED) JUNE 30, 2021 Note 1: Organization and Summary of Significant Accounting Policies (Continued) When both restricted and unrestricted resources are available for use, it is the Housing Successor’s policy to use restricted resources first, and then unrestricted resources as they are needed. d. Budget Budget for the Housing Successor Fund is adopted on a basis substantially consistent with accounting principles generally accepted in the United States of America. Accordingly, actual revenues and expenditures can be compared with related budget amounts without any significant reconciling items. e. Deferred Inflow of Resources The balance sheet of the governmental fund is reporting deferred inflows of resources. This separate financial statement element represents an acquisition of net position or fund balance that applies to a future period and so will not be recognized as an inflow of resources (revenue) until that time. The Housing Successor has only one type of item, which arises only under a modified accrual basis of accounting that qualifies for reporting in this category. Accordingly, the item, unavailable revenue, is reported only in the governmental funds balance sheet. The governmental funds report unavailable revenues from long-term loans. These amounts are deferred and recognized as an inflow of resources in the period that the amounts become available. f. Fund Balance and Net Position Fund Balance The Housing Successor’s fund balances are classified on the governmental fund balance sheet among the following categories: Nonspendable Fund Balance - This includes amounts that cannot be spent because they are either (a) not in spendable form or (b) legally or contractually required to be maintained intact. Restricted Fund Balance - This includes amounts that can be spent only for the specific purposes stipulated by constitution, external resource providers, or through enabling legislation. Committed Fund Balance - This includes amounts that can be used only for the specific purposes determined by a formal action of the city council. Assigned Fund Balance - This includes amounts that are designated by the City Council for specific purposes. Unassigned Fund Balance - This is the residual classification that includes all spendable amounts not contained in the other classifications. When an expenditure is incurred for purposes for which both restricted and unrestricted fund balances are available, the Housing Successor’s policy is to apply restricted fund balance first. 10 C.6.a Packet Pg. 144 At t a c h m e n t : E x h i b i t A - G r a n d T e r r a c e H o u s i n g S u c c e s s o r F S ( H o u s i n g S u c c e s s o r A g e n c y A n n u a l F i n a n c i a l R e p o r t f o r t h e Y e a r E n d e d J u n e GRAND TERRACE HOUSING SUCCESSOR AGENCY NOTES TO FINANCIAL STATEMENTS (CONTINUED) JUNE 30, 2021 Note 1: Organization and Summary of Significant Accounting Policies (Continued) When expenditure is incurred for purposes for which committed, assigned or unassigned fund balances are available, the Housing Successor’s policy is to apply committed fund balance first, then assigned fund balance, and finally unassigned fund balance. Net Position The net position reported on the Statement of Net Position in the government-wide financial statements consists of the following three categories: Investment in capital assets - This amount consists of capital assets, net of accumulated depreciation. Restricted Net Position - This amount is restricted by external creditors, grantors, contributors, or laws or regulations of other governments. Unrestricted Net Position - This amount is all net position that do not meet the definition of “investment in capital assets” or “restricted net position”. Note 2: Cash and Investments The City of Grand Terrace maintains a cash and investment pool that is available for use for all funds. Each fund type’s position in the pool is reported on the combined balance sheet as cash and investments. The Housing Successor Agency pooled cash and investments as of June 30, 2021, was $1,400,453. Information regarding the authorized types of deposits and investments, the type of risks (i.e. credit, interest rate, custodial, etc.) and other disclosures associated with the City's pooled cash and investments is included in the City's basic financial statements, which are available at City Hall. Note 3: Notes and Loans Receivable The Low and Moderate Housing Fund of the City’s former redevelopment agency issued first time homebuyer and rehabilitation second trust loans with interest rates ranging from zero to 3%. The loan balances are due upon the sale of the properties. Interest of $17,948 has accrued on the loans for a total of $574,491. Note 5: Advances to City In previous years, the Low and Moderate Housing Fund of the City’s former redevelopment agency advanced funds in the amount $168,205 to the City’s General Fund. On June 22, 2010, the City adopted Resolution 2010-15, in which the cumulative interagency borrowings were memorialized and which set forth a repayment plan by the City to the former Agency subject to available funds. Note 6: Insurance The Housing Successor Agency participates in the self-insurance programs of the City of Grand Terrace. Disclosures relating to the self-insurance programs can be found in the City’s Comprehensive Annual Financial Report. 11 C.6.a Packet Pg. 145 At t a c h m e n t : E x h i b i t A - G r a n d T e r r a c e H o u s i n g S u c c e s s o r F S ( H o u s i n g S u c c e s s o r A g e n c y A n n u a l F i n a n c i a l R e p o r t f o r t h e Y e a r E n d e d J u n e GRAND TERRACE HOUSING SUCCESSOR AGENCY BUDGETARY COMPARISON SCHEDULE GOVERNMENTAL FUND YEAR ENDED JUNE 30, 2021 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1 2,081,022$ 2,081,022$ 2,081,022$ -$ Resources (Inflows): Use of money and property - - 2,057 2,057 Transfers in - 3,950 - (3,950) Amounts Available for Appropriations 2,081,022 2,084,972 2,083,079 (1,893) Charges to Appropriations (Outflow): Community development 50,000 118,950 21,592 97,358 Total Charges to Appropriations 50,000 118,950 21,592 97,358 Budgetary Fund Balance, June 30 2,031,022$ 1,966,022$ 2,061,487$ 95,465$ 12 C.6.a Packet Pg. 146 At t a c h m e n t : E x h i b i t A - G r a n d T e r r a c e H o u s i n g S u c c e s s o r F S ( H o u s i n g S u c c e s s o r A g e n c y A n n u a l F i n a n c i a l R e p o r t f o r t h e Y e a r E n d e d J u n e CITY OF GRAND TERRACE HOUSING SUCCESSOR COMPUTATION OF HOUSING SUCCESSOR EXCESS/SURPLUS (HSC 34176.1) Opening Fund Balance 2,081,022$ 2,061,487$ Less Unavailable Amounts: Advances to City (168,205)$ (168,205)$ Loans receivable (669,000) (514,000) (837,205) (682,205) Available Housing Successor Funds 1,243,817 1,379,282 Limitation (greater of $1,000,000 or four years deposits) Aggregate amount deposited for last four years: 2020 - 2021 - 2,057 2019 - 2020 14,299 14,299 2018 - 2019 6,676 6,676 2017 - 2018 685 685 2016 - 2017 175 175 2015 - 2016 8,262 - Total 30,097$ 23,892$ Base Limitation 1,000,000$ 1,000,000$ Greater amount 1,000,000 1,000,000 Computed Excess/Surplus 243,817$ 379,282$ * *Please note: In accordance with HSC34176.1(d) If a housing successor has an excess surplus, the housing successor shall encumber the excess surplus for the purposes described in paragraph (3) of subdivision (a) or transfer the funds pursuant to paragraph (2) of subdivision (c) within three fiscal years. If the housing successor fails to comply with this subdivision, the housing successor, within 90 days of the end of the third fiscal year, shall transfer any excess surplus to the Department of Housing and Community Development for expenditure pursuant to the Multifamily Housing Program or the Joe Serna, Jr. Farmworker Housing Grant Program. For purposes of this subdivision, "excess surplus" shall mean an unencumbered amount in the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the housing successor's preceding four fiscal years, whichever is greater. Low and Moderate All Project Area July 1, 2021 Low and Moderate All Project Area July 1, 2020 Housing Funds Housing Funds 13 C.6.a Packet Pg. 147 At t a c h m e n t : E x h i b i t A - G r a n d T e r r a c e H o u s i n g S u c c e s s o r F S ( H o u s i n g S u c c e s s o r A g e n c y A n n u a l F i n a n c i a l R e p o r t f o r t h e Y e a r E n d e d J u n e 203 N. Brea Blvd., Suite 203 Brea, CA 92821 Lance, Soll & Lunghard, LLP Phone: 714.672.0022 INDEPENDENT AUDITORS’ REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Honorable Mayor and Members of the City Council Grand Terrace Housing Successor City of Grand Terrace, California We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities and the major governmental fund of the Grand Terrace Housing Successor (the Housing Successor), as of and for the year ended June 30, 2021, and the related notes to the financial statements, which collectively comprise the Housing Successor’s basic financial statements, and have issued our report thereon dated December 29, 2021. Internal Control over Financial Reporting In planning and performing our audit of the financial statements, we considered the Housing Successor’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Housing Successor’s internal control. Accordingly, we do not express an opinion on the effectiveness of the Housing Successor’s internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or, significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. Compliance and Other Matters As part of obtaining reasonable assurance about whether the Housing Successor’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests C.6.b Packet Pg. 148 At t a c h m e n t : E x h i b i t B - G r a n d T e r r a c e H o u s i n g S u c c e s s o r R e p o r t o n I C ( H o u s i n g S u c c e s s o r A g e n c y A n n u a l F i n a n c i a l R e p o r t f o r t h e Y e a r To the Honorable Mayor and Members of the City Council Grand Terrace Housing Successor City of Grand Terrace, California disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Housing Successor’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Housing Successor’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Brea, California December 29, 2021 C.6.b Packet Pg. 149 At t a c h m e n t : E x h i b i t B - G r a n d T e r r a c e H o u s i n g S u c c e s s o r R e p o r t o n I C ( H o u s i n g S u c c e s s o r A g e n c y A n n u a l F i n a n c i a l R e p o r t f o r t h e Y e a r AGENDA REPORT MEETING DATE: January 25, 2022 Council Item TITLE: CARES Act Grant Match PRESENTED BY: Terry Shea, Interim Finance Director RECOMMENDATION: Approve a transfer of $79,925 from the General Fund for the City Infrastructure Project required match on the County of San Bernardino's Coronavirus Relief Fund funding to cities and towns for infrastructure projects. 2030 VISION STATEMENT: This staff report supports Goal #1, Ensuring Fiscal Viability through ensuring appropriate cost recovery, specially for COVID-19 related expenditures, and Goal #2, Maintaining Public Safety by investing in critical improvements to infrastructure and maintaining the health and well-being of City employees and those that visit City Hall. BACKGROUND: The Coronavirus Aid, Relief, and Economic Security (CARES) Act, signed into law on March 27, 2020, provides emergency assistance and health care response for individuals, families and businesses affected by the COVID-19 pandemic. The CARES Act created the Coronavirus Relief Fund (CRF) which provides a total of $150 billion in federal fiscal support for state and local governments for the purpose of responding to the COVID-19 pandemic. On April 22, 2020, California was allocated $15.3 billion in CRF funds, $9 billion going to the State of California, with the remaining funds distributed directly to qualifying counties and cities. On July 28, 2020, the City accepted its allocation of $153,425 from the State, designating these funds for personal protective equipment, and programs aimed to provide aid to businesses that suffered as a result of the COVID-19 pandemic. On September 29, 2020, the San Bernardino County Board of Supervisors, approved to distribute a portion ($23.2 million of their $380 million received) of their CRF funds to cities in the same way the State distributed CRF funds to local jurisdictions. The City was designated a second allocation of $153,425 from the County and will be using these funds to support youth, senior, community art and culture programs, and City Hall infrastructure improvements. The County Board of Supervisors set aside $25 million in CRF funding to allocate to C.7 Packet Pg. 150 cities and towns for infrastructure projects. Funding received for eligible infrastructure projects requires a one-to-one ($1:$1) cash match from the City. DISCUSSION: The City submitted a Scope of Expenditures application for improvements on City Hall/Library’s existing Heating, Ventilation, and Air Conditioning (HVAC) system in the amount of $267,700 (HVAC Infrastructure Project). The City received a Notice of Eligible Projects from the County, approving the HVAC Infrastructure Project and authorizing the City to proceed with the project. Because Honeywell had installed City Hall/Library’s current HVAC system, the City Manager sought and received a proposal from Honeywell to purchase and install the improvements to the City’s HVAC system. As authorized by Resolution 2020-05, the City Manager executed a purchase order for Honeywell for the above-mentioned infrastructure project in the amount of $267,700. For a portion of the City’s match, the City was going to use $73,425 of CARES Act funding from the $153,425 allocation received from the County. The balance of the match of $63,425 was from the Development Impact Fees (DIF) Facilities Fund. It was determined later that the City could not use the $73,425 in CARES Act funding for the match and as such the City needs use General Fund funds. The total cost of the new HVAC system was $6,500 higher than originally budgeted for a total of $274,200. This increased the balance of the match required from the General Fund to $79,425. The City is required to provide a $1:$1 match as stated in the Notice of Funding Availability. As such, City staff is recommending that $79,925 from the City’s General Fund be used complete the City’s match for the infrastructure project. Based on the above recommendation, funding sources, including the City’s match, for the infrastructure project are as follows: Table 2 City Infrastructure project (project is completed) $274,200 City Match: 1. General Fund reserves $79,925 2. Development Impact Fees (DIF) Facilities $60,425 $140,350 County Infrastructure CARES Act Funding $133,850 $274,200 FISCAL IMPACT: C.7 Packet Pg. 151 Staff is recommending that City Council approve the following appropriations and transfer to fund the City Hall Infrastructure Project: Table 3 - Revenue and Expense Appropriations for Infrastructure Project Fund Description Amount General Fund Transfer match to Fund 99 for HVAC System $79,925 COVID 19-SB County Infra. Transfer in from the General Fund $79,825 APPROVALS: Terry Shea Completed 01/14/2022 4:06 PM Finance Completed 01/14/2022 4:24 PM City Attorney Completed 01/18/2022 5:09 PM City Manager Completed 01/19/2022 8:02 AM City Council Pending 01/25/2022 6:00 PM C.7 Packet Pg. 152 AGENDA REPORT MEETING DATE: January 25, 2022 Council Item TITLE: Approval of an Agreement Between The City of Grand Terrace and CleanStreet, LLC for Street Sweeping Services PRESENTED BY: Shanita Tillman, RECOMMENDATION: Award to and Approve the Street Sweeping Agreement with CleanStreet, LLC, for a term commencing March 1, 2022, through February 28, 2025, (and the parties may agree to extend the Agreement by 2 terms of 1 year each) in the amount of $169,584.00 for routine street sweeping services and, in addition, $6,426 set-aside for On-Call/Special Event/Emergency street sweeping callouts, for a total contract sum not to exceed $176,010; and Authorize the City Manager to execute the Agreement subject to the City Attorney’s approval as to form. 2030 VISION STATEMENT: This staff report supports Goal #2 "Maintain Public Safety" by investing in critical improvements to infrastructure. BACKGROUND: In February of 2019, the City entered into an agreement with the current street sweeping contractor (CleanStreet, LLC) which will expire February 12, 2022. As a result of the expiration of the current agreement, an Informal Request for Proposal for street sweeping services was issued on November 16, 2021, pursuant to Chapter 3.26 of the Grand Terrace Municipal Code. This included an alternative allowing for prospective bidders to submit an alternative bid which would allow alternative methods of single side street sweeping. This was distributed to 14 companies; however, only one bid was received. Staff, therefore, sent a second Informal Request for Proposal (seeking the same services as the original Informal Request for Proposal) on November 30, 2021, with a deadline of December 14, 2021, to 14 companies. As of Tuesday, December 14, 2021, the City received one proposal for street sweeping services. For both informal requests for proposal, the City also advertised through the City website. C.8 Packet Pg. 153 DISCUSSION: The City received one proposal for street sweeping services from our current vendor, CleanStreet, LLC. The proposal was received on December 13, 2021, by City staff. The Informal Request for Proposal requested proposals to provide street sweeping services in a thorough and professional manner, and to provide labor, tools, equipment, materials and supplies necessary to complete the work in a timely manner according to the Scope of Work. A map was provided of the current street sweeping route and schedule. The Informal Request for Proposal sought bids for residential sweeping, business district sweeping, and emergency sweeping (on-call or special events) that is based upon the City’s current schedule and, as an alternate, bids for an odd/even schedule. It should be noted that this service is paid for by the sweeping fee collected from residents on a monthly basis as part of their refuse bill. CleanStreet, LLC submitted their bid with the following pricing and schedule: Base Bid - Standard Residential Street Sweeping Schedule Residential street sweeping occurs on the first, second, and third Thursdays of each month, from 6:00 a.m. to 3:00 p.m. This is the current schedule and the cost proposal for this service is $54,504 for the first year, $56,688 for the second year, and $58,392 for the third year, not including the additional request of $6,426 for On-Call/Special Event/Emergency callouts. The total amount for the initial three years will be $169,584 (not including the additional On-call/Special Event/Emergency street sweeping callouts). The total amount including the additional On-call/Special Event/Emergency street sweeping callouts is $176,010. Alternative Bid - Odd/Even Residential Street Sweeping Alternative The Informal Request For Proposals also requested that proposers provide a cost proposal for an odd/even street sweeping schedule. This alternative would sweep only one side of the street at a given time providing residents the option to park on one side of the street during street sweeping. The other side of the street would be swept on a subsequent Thursday. With this option, street sweeping would continue to be on the first, second, and third Thursdays of the month. The alternative would maintain the existing street sweeping schedule from March 1, 2022, through February 28, 2023, at a cost of $54,504 (i.e., the first year of the agreement. Beginning February 1, 2023, through February 28, 2025, (i.e., for the second and third years of the agreement) the odd/even schedule would be implemented as follows: 2nd year $68,364 and 3rd year $70,416. C.8 Packet Pg. 154 The cost for providing this schedule is $193,284 for the initial three years, which is $20,948 higher than the base rate of the current street sweeping schedule (not including $2,752 for the on-call callouts). The total amount including the additional on-call street sweeping callouts is $196,036. In addition, significant outreach will need to be provided to residents to make them aware of the new schedule. The alternative sweeping schedule could be considered as a method to reduce the number of citations received because it allows for residents to park vehicles locally on the opposite side of the street. However, as stated above, the odd/even schedule proposed by CleanStreet, LLC for street sweeping was more expensive than the standard schedule that the City currently follows. Recommendation CleanStreet, LLC, received the highest and only review of the proposals since it was the only bid received. City staff recommends that the City Council award to and approve the Agreement with CleanStreet, LLC based upon their proposed Base Bid in order to reduce any interruption in service and eliminate any rate adjustments that would be needed if the Alternative Bid is utilized. Further, it is recommended that the City Council authorize the City Manager to sign the Agreement subject to City Attorney approval as to form. If approved, this Agreement would commence on March 1, 2022 for a term of 3 years. The parties may agree to extend the term of this Agreement by 2 terms of 1 year each. Should Council choose to adopt the alternative bid, staff would need direction to proceed with the modification. FISCAL IMPACT: Base Bid: Awarding the agreement to CleanStreet, LLC using the Base Bid will mean maintaining the existing street sweeping schedule with an annual cost of $54,504 for the first year, $56,688 for the second year, and $58,392 for the third year, not including the additional requested $6,426 for On-Call/Special Event/Emergency callouts. The total amount for the initial three years will be $169,584 (not including the additional On-call/Special Event/Emergency street sweeping callouts). The total amount including the additional On-call/Special Event/Emergency street sweeping callouts is $176,010. This cost is included in the approved Operating Budget. However, note that this service is paid for by the street sweeping fee collected from residents on a monthly basis with their refuse bill. Should the Council choose to adopt the odd/even schedule, a rate adjustment will be required to cover the additional sweeping cost. ATTACHMENTS: • Grand Terrace Street Sweeping Agreement (DOCX) • Exhibit A-1.pdf (PDF) • Bid Schedule (PDF) • Clean Street Bid-Full (PDF) C.8 Packet Pg. 155 • Invitation to Bid for 2021/2022 Street Sweeping Services (PDF) • Notice of Inviting Informal Bids 11-30-21 (PDF) APPROVALS: Shanita Tillman Completed 12/30/2021 8:34 AM Eric Weck Completed 12/30/2021 9:57 AM City Attorney Completed 01/19/2022 3:44 PM Finance Completed 01/19/2022 4:14 PM City Manager Completed 01/19/2022 4:45 PM City Council Pending 01/25/2022 6:00 PM C.8 Packet Pg. 156 01247.0006/760563.3 AGREEMENT FOR CONTRACT SERVICES By and Between CITY OF GRAND TERRACE and CLEANSTREET, LLC C.8.a Packet Pg. 157 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 -2- AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND CLEANSTREET, LLC This “AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND CLEANSTREET, LLC” (herein “Agreement”) is made and entered into this 1st day of March, 2022, by and between the City of Grand Terrace, a California municipal corporation (“City”) and CLEANSTREET, LLC, a California limited liability company (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.” RECITALS A. City has sought, by issuance of a Request for 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 has authority to enter into and execute this Agreement. D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: ARTICLE 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest C.8.a Packet Pg. 158 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 -3- professional standards” shall mean those standards of practice recognized by one or more first- class firms performing similar work under similar circumstances. 1.2 Contract Documents. The Scope of Services shall include the “General Provisions” contained in Exhibit “A-2” as provided in this Agreement, all of which are incorporated herein by this reference. In the event of any inconsistency between the provisions of Exhibit “A-2” and any other provisions of this Agreement, the provisions of this Agreement shall govern. The Scope of Services 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 the bid documents 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 Compliance with California Labor Law. (a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a "public work" as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. (c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. C.8.a Packet Pg. 159 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 -4- (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. (g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay. (h) Workers' Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Contractor's Authorized Initials ________ (i) Contractor's Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such C.8.a Packet Pg. 160 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 -5- subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor. 1.5 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. 1.6 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer. 1.7 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. 1.8 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. C.8.a Packet Pg. 161 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 -6- 1.9 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. 1.10 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One Hundred Seventy Six Thousand Ten Dollars ($176,010.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8. 2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. C.8.a Packet Pg. 162 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 -7- 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. C.8.a Packet Pg. 163 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 -8- 3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Consultant. The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Rick Anderson, Director of Business Development (Name) (Title) (Name) (Title) (Name) (Title) C.8.a Packet Pg. 164 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 -9- It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. 4.2 Status of Consultant. Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be the City Manager, Konrad Bolowich, or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of C.8.a Packet Pg. 165 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 -10- Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City. ARTICLE 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City: (a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit. (b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile. (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 C.8.a Packet Pg. 166 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 -11- coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant’s services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. (e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”. 5.2 General Insurance Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice: CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER NAMED HEREIN. C.8.a Packet Pg. 167 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 -12- [to be initialed] ______________ Consultant Initials City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant’s activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as provided in Section 5.3. In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City. 5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: (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; C.8.a Packet Pg. 168 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 -13- (b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorney’s fees. Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. 5.4 Sufficiency of Insurer. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager. 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 C.8.a Packet Pg. 169 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 -14- Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. 6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”), including any electronic documents and materials, prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City in a format of the City’s choice upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 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. C.8.a Packet Pg. 170 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 -15- 6.4 Confidentiality and Release of Information. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District 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 C.8.a Packet Pg. 171 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 -16- for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. 7.3 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party 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 C.8.a Packet Pg. 172 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 -17- specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement. 7.7 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon written notice to Consultant. In addition, the Consultant may terminate this Contract for cause, upon sixty (60) days’ advance written notice to City. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.8 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.9 Attorney’s Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 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. C.8.a Packet Pg. 173 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 -18- ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. 8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class. 8.4 Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney’s fees, incurred by City. 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 C.8.a Packet Pg. 174 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 -19- and to the attention of the Contract Officer (with her/his name and City title), City of Grand Terrace, 22795 Barton Rd, Grand Terrace, CA 92313, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 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 C.8.a Packet Pg. 175 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 -20- “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation, including but not limited to the Political Reform Act (Government Code Sections 81000, et seq.) Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Consultant’s Authorized Initials _______ 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] C.8.a Packet Pg. 176 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 21 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 _____________________________________ Konrad Bolowich, City Manager ATTEST: _____________________________________ Debra Thomas, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP _____________________________________ Adrian R. Guerra, City Attorney CONSULTANT: CLEANSTREET, LLC, a California limited liability company By: _________________________________ Name: Title: By: _________________________________ Name: Title: Address: _____________________________ _____________________________ _____________________________ Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. C.8.a Packet Pg. 177 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On __________, 2022 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. C.8.a Packet Pg. 178 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On __________, 2022 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. C.8.a Packet Pg. 179 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 A-1 EXHIBIT “A” SCOPE OF SERVICES I. Consultant will perform the following Services: Consultant shall provide street sweeping services in a thorough and professional manner, and to provide labor, tools, equipment, materials and supplies necessary to complete the work in a timely manner that will meet the City’s requirements. A. Objectives - The primary objectives of the sweeping program are to: i. Establish and adhere to a regular schedule of performance ii. Maintain gutter flow lines free of debris for free flow of water iii. Maintain a state of cleanliness for road safety acceptable to the City and its residents. iv. Meet all Federal, State, County and City laws, regulations, and ordinances v. Meet South Coast Air Quality Management District (AQMD) requirements vi. Meet all National Pollution Discharge Elimination System (NPDES) requirements to remove and properly dispose of dust, silt, dirt, leaves and other organic and inorganic materials from the City streets prior to such materials entering the City’s storm drain system. vii. The City has approximately 100 curb miles that require street sweeping per month. B. Services i. Consultant shall furnish all labor, equipment, tools, fuel, insurance, supervision, disposal costs and materials (except water), to sweep the City’s streets in accordance with the schedule and specifications contained in this Exhibit. ii. During the term of the Agreement, the Consultant shall sweep by machine all residential public streets, commercial public streets and all the paved public alleys in the City, in accordance with the sweeping schedule as established by the City pursuant to Exhibit “A-1”. iii. Commercial and residential streets are defined for the purposes of this contract as all areas of public City streets which are paved and which are regularly used for the operation of motor vehicles. C. Description of Work C.8.a Packet Pg. 180 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 A-2 i. City of Grand Terrace (Residential) – One (1) Time Per Month 1. The current six (6) zone schedule will be followed as provided in Exhibit “A-1”. ii. Grand Terrace Business District – One (1) Time Per Week 1. Both sides of Barton Road from western City limit at 21800 Barton Road to the eastern City limit at 23200 Barton Road. 2. Both sides of Mt. Vernon from Main (North) to the northern City limit approximately 1500 feet north of Grand Terrace Road. iii. City Lots – One (1) Time Per Month 1. City Hall (22795 Barton Rd., Grand Terrace, California). 2. City Parks: a. Veterans Freedom Park (21950 Pico St., Grand Terrace, California) b. Richard Rollins Community Park (22745 De Berry St., Grand Terrace, California) c. Grand Terrace Fitness Park (21937 Grand Terrace Rd., Grand Terrace, California) 3. Senior Center located at 22627 Grand Terrace Rd., Grand Terrace, California. iv. On-Call, Special Event, and Emergency Street Sweeping. Services shall include On-Call and Special Event Street Sweeping Services and Emergency Street Sweeping (as defined below). Consultant shall be compensated for On-Call and Special Event Street Sweeping Services and Emergency Street Sweeping pursuant to Exhibit “C-1”. 1. On-Call and Special Event Street Sweeping. Consultant shall respond to City within two (2) hours of receiving a notification of the need for On-Call and Special Event Street Sweeping Services from the City. Such On-Call and Special Event Street Sweeping shall be carried out pursuant to such request from City. Consultant shall provide City with the name, email, phone number, and any other contact information as may be required by Contract Officer of a contact person for all requests (including, but not limited to, after- hours requests) for On-Call and Special Event Street Sweeping Services, and shall update such information in writing immediately upon any change in such information and/or contact person For the C.8.a Packet Pg. 181 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 A-3 purposes of this Agreement, the term “On-Call and Special Event Street Sweeping Services” shall mean the street sweeping of locations and at times that are not contemplated by this Agreement; however, On-Call and Special Event Street Sweeping Services shall not include “Emergency Street Sweeping” as defined below. 2. Emergency Street Sweeping. Emergency Street Sweeping shall be provided by Consultant after-hours and on weekends and holidays as may be needed from time to time. Consultant shall respond to City within two (2) hours of receiving a notification of the need for an emergency sweep from the City. Such Emergency Street Sweeping shall be carried out pursuant to such request from City. Consultant shall provide City with the name, email, phone number, and any other contact information as may be required by Contract Officer of a contact person for all requests (including, but not limited to, after-hours requests) for Emergency Street Sweeping, and shall update such information in writing immediately upon any change in such information and/or the contact person. For the purposes of this Agreement, the term “Emergency Street Sweeping” shall mean emergency street sweeping for events such as non-hazardous spills, accident clean-ups and unusual conditions. v. Residentially zoned areas shall be swept between 6:00 am and 3:00 pm on Thursdays. Commercially zoned areas shall be swept from 9:00 pm to 6:00 am. If any complaints arise from the sweeping times other than the 6:00 am to 3:00 pm times in residentially zoned areas, the Consultant shall work with the City’s Public Works Department to resolve the issue to the City’s satisfaction, provided that the determination of the City Manager, or his or her designee, shall be final. D. Special Requirements i. The Consultant shall obtain a City of Grand Terrace business license. ii. Consultant shall utilize a GPS Navigation System with the ability to track the street sweeping activity and provide a monthly report to the City of the streets serviced. iii. Street sweeping services shall not exceed 8 mph on city streets. E. Labor, Equipment and Materials i. The Consultant shall use and furnish at their own expense all labor, equipment, and materials necessary for the satisfactory performance of the works set forth in this contract. ii. The operators shall be competent in all aspects of street sweeper operations. This includes knowledge of all operational aspects of the equipment used, C.8.a Packet Pg. 182 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 A-4 knowledge of the California Vehicle Code, knowledge of standard safety practices, and knowledge of notification procedures should the need arise to contact City personnel. iii. The primary equipment shall be of a recognized make and shall be kept in good and safe repair and not greater than 10-years old for either the chassis and/or the vacuum system. Semi-annual inspection of all equipment must be conducted with findings from those inspections to be submitted to the City in writing. F. Quality Control i. Sweeping shall be done in a neat, orderly and professional manner. The street sweeper shall leave designated areas of sweeping free of dirt, litter, debris, obstructions, smears and visual dust in accordance with the City’s standards of cleanliness. ii. While sweeping shall normally consist of a single pass over an area, the Consultant shall make additional passes or such extra effort as may be required to adequately clean the street. Extra effort shall be required when sweeping equipment leaves a dirt/silt smear in its pathway. Extra effort will be strictly enforced during and after windy conditions and storm weather. The cost of any extra effort shall be included in the contract cost. iii. Items that cannot be swept such as: tree limbs, palm fronds, rocks, trash and debris shall be removed from the sweeping path by the sweeping operator rather than going around it. Larger obstructions such as impaired vertical and/or horizontal clearance by tree limbs, construction or landscaping debris shall be immediately reported to the City when the location cannot be swept. iv. The City Manager or his/her designee shall be the sole judge of the quality of work. In the event that the results of a sweep are considered to be unsatisfactory, the City will notify the Consultant of exact location and description of deficiency. The Consultant shall completely re-sweep the unsatisfactory area at its own expense and shall provide responses within one (1) working day of receiving notice of the deficient sweeping. v. The Consultant shall also provide back-up capabilities for instances when sweeping cannot be completed on schedule due to street sweeper mechanical failure. G. Disposal i. Consultant shall dispose of all refuse and debris collected from sweeping operations in the City’s Corporate Yard. The cost for disposal is not included in the Agreement cost. C.8.a Packet Pg. 183 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 A-5 H. Sweeping Practices and Standards of Performance i. Areas of Street – Areas of the street to be swept include curb lines along both sides of the roadway or to the edge of the pavement where no curb exists, along all curbs on raised medians, over all portions of painted median, painted left and right turn pockets, and all intersection turn pockets and arterial intersection center areas and dead spots are to be maintained on the same frequency as the median or intersection for which they are associated and included in the curb mile price. Curb returns (radii) at intersections of arterial and residential streets will be swept along their entire length and free of debris on scheduled arterial sweeping days. Excluded from areas to be swept are those that would cause damage to the equipment used. While Consultant is normally responsible for the 8’ strip (sweeper width), curb to curb sweeping, an additional width of street may need to be swept at some locations due to unforeseen circumstances and shall be included within the curb mile price. ii. Flow of Traffic – Sweeping shall be accomplished in the same direction as traffic flow at all times during sweeping iii. Warning Devices – Vehicles shall be equipped with top-mounted warning lights (rotating or beacon) visible for 360̊ or comparable traffic safety lights when sweeping. A rear-mounted left/right arrow stick shall be required for arterial and bike lane sweepers. iv. Sweeping Speed – Sweeping speed shall be adjusted to street and debris condition with a maximum speed of eight miles per hour (8 MPH). City streets swept while driver exceeds eight miles per hour (8 MPH) will be re- swept in their entirety at Consultant’s expense. In addition, a verbal warning will be given for the first violation. A written warning will be given for the second violation, and a “Failure to Perform” notice will be issued upon the third violation. v. Notification of Non-sweeping – Consultant shall provide City representatives on a daily basis (when applicable) with a list of all streets not swept when regular sweeping schedule is interrupted for any reason and shall deduct said street from Consultant’s invoices for that day/week. Consultant shall provide a list of streets that cannot be swept to the City by the end of each day that Consultant is required to sweep streets pursuant to this Agreement. The City shall notify the Consultant by phone on non- sweeping conditions due to inclement weather. The City’s notification will serve as a non-sweep day and Consultant shall not be compensated by the City unless an alternative sweeping schedule is coordinated by the Consultant and is submitted to the City for its written approval and Consultant actually performs such street sweeping pursuant to the alternative sweeping schedule. For such street sweeping, Consultant shall C.8.a Packet Pg. 184 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 A-6 be compensated pursuant to the Cost per Curb Mile rates provided in Section I of Exhibit “C-1”. vi. Holidays and Potential Conflicts with the Waste and Recycling Contractor – Consultant will observe all City holidays and holidays observed by the City’s franchised waste hauler. Approved non-sweep days will not be paid for by the City unless an alternative sweeping schedule is coordinated by the Consultant and is submitted to the City for its written approval and Consultant actually performs such street sweeping pursuant to the alternative sweeping schedule. For such street sweeping, Consultant shall be compensated pursuant to the Cost per Curb Mile rates provided in Section I of Exhibit “C-1”. Trash and recycling collection days will take priority over street sweeping days and cannot be both performed on the same day. Currently, the City is serviced by Burrtec Waste Industries, Inc. on Monday, Tuesday and Wednesday (Fridays for City parks); however, Consultant shall independently verify Burrtec Waste Industries, Inc.’s schedule within the City. I. Water i. The Consultant shall obtain water for sweeping operations at points designated by the City. Necessary water shall be furnished at the expense of the City. II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City: A. In addition to any tangible work products required elsewhere in this Agreement, Consultant shall prepare and deliver such tangible work products that may be required by the City from time to time under this Agreement. III. In addition to the requirements of Section 6.2 and this Exhibit, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports: A. Consultant shall prepare and deliver such status reports as may be required by the City from time to time under this Agreement. 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. C.8.a Packet Pg. 185 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 A-7 Exhibit “A-1” Sweeping Schedule C.8.a Packet Pg. 186 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 A-8 Exhibit A-2 General Provisions C.8.a Packet Pg. 187 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 B-1 EXHIBIT “B” SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) N/A C.8.a Packet Pg. 188 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 C-1 EXHIBIT “C” SCHEDULE OF COMPENSATION I. Consultant shall perform the Services at the rates provided in Exhibit “C-1” of this Agreement. A. For Services not including On-Call and Special Event Street Sweeping and Emergency Street Sweeping, Consultant shall only be compensated per curb mile actually swept pursuant to the Cost per Curb Mile provided in Section I of Exhibit “C-1”. Consultant’s compensation provided herein shall not exceed the applicable maximums provided in Section I of Exhibit “C-1”. B. For On-Call and Special Event Street Sweeping and Emergency Street Sweeping, Consultant shall be compensated per hour pursuant to Section II of Exhibit “C-1”. Consultant’s compensation provided herein shall not exceed the applicable maximum provided in Section II of Exhibit “C-1”. C. Within the budgeted amounts for the Services described above, and with the written approval of the Contract Officer, funds may be shifted from one subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8. II. The City will compensate Consultant for the Services performed upon submission of a valid invoice to City of Grand Terrace, 22795 Barton Rd., Grand Terrace, CA 92313, to the attention of the City Manager. Each invoice shall include: A. Purchase Order Number B. Project name/description C. Line items for all personnel describing the work performed, the title/classification under which such personnel is billed, the number of hours worked, the number of curb miles swept (including weekly start and completion odometer readings for the vehicle utilized), and the hourly rate pay. D. Line items for all materials and equipment properly charged to the Services. E. Line items for all other approved reimbursable expenses claimed, with supporting documentation. F. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. G. Such other information as may be required by the Contract Officer. III. The total compensation for the Services shall not exceed $176,010 as provided in Section 2.1 of this Agreement. C.8.a Packet Pg. 189 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 C-2 IV. The Consultant’s billing rates for the Services are attached as Exhibit “C-1”. C.8.a Packet Pg. 190 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 C-3 Exhibit “C-1” I. Regularly Scheduled Street Sweeping Street Sweeping Service Year 1 3/1/2022 to 2/28/2023 Cost per Curb Mile Year 2 3/1/2023 to 2/29/2024 Cost per Curb Mile Year 3 3/1/2024 to 2/28/2025 Cost per Curb Mile Residential Thursdays Between 6:00 AM and 3:00 PM – 2 zones per Thursday (see map) and Business District Wednesday to Thursdays between 9:00 PM and 6:00 AM (see map) $45.42 $47.24 $48.66 Street Sweeping Services Year 1 3/1/2022 to 2/28/2023 Maximum Annual Compensation Year 2 3/1/2023 to 2/29/2024 Maximum Annual Compensation Year 3 3/1/2024 to 2/28/2025 Maximum Annual Compensation Residential Thursdays Between 6:00 AM and 3:00 PM – 2 zones per Thursday (see map) and Business District Wednesday to Thursdays between 9:00 PM and 6:00 AM (see map) $54,505.00 $56.688.00 $58,392.00 For Services not including On-Call and Special Event Street Sweeping and Emergency Street Sweeping, Consultant’s total compensation under this Agreement shall not exceed $169,584.00. II. On-Call and Special Event Street Sweeping and Emergency Street Sweeping C.8.a Packet Pg. 191 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 C-4 Year 1 3/1/2022 to 2/28/2023 Hourly Rate Year 2 3/1/2023 to 2/29/2024 Hourly Rate Year 3 3/1/2024 to 2/28/2025 Hourly Rate Sunday Through Saturday On-call and Special Event Street Sweeping and Emergency Street Sweeping $110.00 $115.00 $119.00 For On-Call and Special Event Street Sweeping and Emergency Street Sweeping, Consultant’s total compensation under this Agreement shall not exceed $6,426. C.8.a Packet Pg. 192 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/760563.3 D-1 EXHIBIT “D” SCHEDULE OF PERFORMANCE I. Consultant shall perform all Services timely in accordance with the schedule developed by the City and subject to modification by written approval of the Contract Officer. II. 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 three (3) years from the date hereof. The Parties may agree to extend the term of this Agreement by two (2) terms of one (1) year each. C.8.a Packet Pg. 193 At t a c h m e n t : G r a n d T e r r a c e S t r e e t S w e e p i n g A g r e e m e n t [ R e v i s i o n 1 3 ] ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) www.grandterrace-ca.gov C.8.b Packet Pg. 194 At t a c h m e n t : E x h i b i t A - 1 . p d f ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) C.8.c Packet Pg. 195 At t a c h m e n t : B i d S c h e d u l e ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) C.8.c Packet Pg. 196 At t a c h m e n t : B i d S c h e d u l e ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) C.8.d Packet Pg. 197 At t a c h m e n t : C l e a n S t r e e t B i d - F u l l ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) C.8.d Packet Pg. 198 At t a c h m e n t : C l e a n S t r e e t B i d - F u l l ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) C.8.d Packet Pg. 199 At t a c h m e n t : C l e a n S t r e e t B i d - F u l l ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) C.8.d Packet Pg. 200 At t a c h m e n t : C l e a n S t r e e t B i d - F u l l ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) C.8.d Packet Pg. 201 At t a c h m e n t : C l e a n S t r e e t B i d - F u l l ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) C.8.d Packet Pg. 202 At t a c h m e n t : C l e a n S t r e e t B i d - F u l l ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) C.8.d Packet Pg. 203 At t a c h m e n t : C l e a n S t r e e t B i d - F u l l ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) C.8.d Packet Pg. 204 At t a c h m e n t : C l e a n S t r e e t B i d - F u l l ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) C.8.d Packet Pg. 205 At t a c h m e n t : C l e a n S t r e e t B i d - F u l l ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) C.8.d Packet Pg. 206 At t a c h m e n t : C l e a n S t r e e t B i d - F u l l ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) C.8.d Packet Pg. 207 At t a c h m e n t : C l e a n S t r e e t B i d - F u l l ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) C.8.d Packet Pg. 208 At t a c h m e n t : C l e a n S t r e e t B i d - F u l l ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) C.8.d Packet Pg. 209 At t a c h m e n t : C l e a n S t r e e t B i d - F u l l ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) C.8.d Packet Pg. 210 At t a c h m e n t : C l e a n S t r e e t B i d - F u l l ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) C.8.d Packet Pg. 211 At t a c h m e n t : C l e a n S t r e e t B i d - F u l l ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) C.8.d Packet Pg. 212 At t a c h m e n t : C l e a n S t r e e t B i d - F u l l ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) C.8.d Packet Pg. 213 At t a c h m e n t : C l e a n S t r e e t B i d - F u l l ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) C.8.d Packet Pg. 214 At t a c h m e n t : C l e a n S t r e e t B i d - F u l l ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) C.8.d Packet Pg. 215 At t a c h m e n t : C l e a n S t r e e t B i d - F u l l ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) C.8.d Packet Pg. 216 At t a c h m e n t : C l e a n S t r e e t B i d - F u l l ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) C.8.d Packet Pg. 217 At t a c h m e n t : C l e a n S t r e e t B i d - F u l l ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) C.8.d Packet Pg. 218 At t a c h m e n t : C l e a n S t r e e t B i d - F u l l ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) For the best experience, open this PDF portfolio in Acrobat X or Adobe Reader X, or later. 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C.8.e Packet Pg. 219 At t a c h m e n t : I n v i t a t i o n t o B i d f o r 2 0 2 1 / 2 0 2 2 S t r e e t CITY OF GRAND TERRACE COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA CONTRACT DOCUMENTS SPECIFICATIONSANDSTANDARDDRAWINGS FOR STREET SWEEPING SERVICES FEBRUARY 2022 MODIFIED DATES BELOW [Editor’s Note: Timeline Dates below are Subject to Change] • Issuance of Bid by City Tuesday, November 30, 2021 • Deadline Questions/Clarification Requests Tuesday, December 7, 2021 (5:00 pm) • Deadline for Submitting Complete Proposals Tuesday, December 14, 2021 (11:00 am) • Presentation to City Council for Final Approval Tuesday, January 11, 2022 01247.0006/750132.1 C.8.f Packet Pg. 220 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 Table of Contents NOTICE INVITING INFORMAL BIDS ................................................................................................. 3 INSTRUCTIONS TO BIDDERS ............................................................................................................... 6 PROPOSAL ..................................................................................................................................... 10 Bid Schedule ....................................................................................................................... 12 Addenda Acknowledgment .................................................................................................. 15 Bidder's Information ............................................................................................................. 16 Designation Of Subcontractors ............................................................................................ 18 References .......................................................................................................................... 19 Non-Collusion Affidavit ......................................................................................................... 20 Form Of Bid Bond ................................................................................................................ 21 CONTRACT AGREEMENT ................................................................................................................... 23 Faithful Performance Bond .................................................................................................. 31 Labor And Material Bond ..................................................................................................... 33 Worker's Compensation Insurance Certificate ...................................................................... 36 GENERAL PROVISIONS ...................................................................................................................... 37 Section 1 - Definitions And Abbreviations ................................................................................. 37 Section 2 - Specifications, Drawings And Related Data ........................................................... 40 Section 3 - Engineer-Contractor Relations ................................................................................ 40 Section 4 - Materials And Workmanship .................................................................................. 44 Section 5 - Progress And Payment ........................................................................................... 46 Section 6 - Bonds, Insurance, Legal Responsibility, And Public Safety.................................... 49 Section 7 - State Of California Requirements ........................................................................... 53 SPECIAL PROVISIONS ................................................................................................................... 55 Exhibit A .............................................................................................................................. 55 Map ..................................................................................................................................... 59 C.8.f Packet Pg. 221 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 NOTICE INVITING INFORMAL BIDS NOTICE IS HEREBY GIVEN on behalf of and as authorized by the City Council of the City of Grand Terrace (hereinafter referred to as the "City"), will receive sealed bids at 22795 Barton Road, Grand Terrace, California, 92313 in care of the Public Works Department, until 11:00 a.m. on Tuesday, December 14, 2021 for street sweeping services within the City of Grand Terrace (“Project”) designated as: STREET SWEEPING SERVICES BID NO. 22-01 At the time designated for receiving sealed bids on said Project, the bids will be opened, examined, and a determination will be made. All bids MUST be in writing, must be sealed in an opaque envelope, and addressed to the City, c/o Public Works Department, and delivered or mailed to the City at 22795 Barton Road Grand Terrace, California 92313 in care of the Public Works Department. The envelope shall be plainly marked in the upper left-hand corner as follows: ATTENTION: CITY OF GRAND TERRACE c/o PUBLIC WORKS DEPARTMENT (BIDDER'S NAME AND ADDRESS) BID FOR: STREET SWEEPING SERVICES CONTRACTOR MUST HAVE CLASS “A” OR "B" LICENSE THE ENGINEER'S ESTIMATE: $55,000 PER YEAR FOR 3 YEARS Any bid received after the hour stated above for any reason whatsoever, will not be considered for any purpose but will be returned, unopened, to the bidder. This project involves providing citywide street sweeping services for the City of Grand Terrace. The work shall be done under the supervision of the Director of Public Works/ City Engineer and no work or portion of the work shall be paid for until it is approved for payment by the Director of Public Works / City Engineer, but this shall not prevent approval of and payment for completed portions of the work as it progresses, payment acceptance of these portions or of the completed project. Each bidder must submit a proposal to the City, c/o Public Works Department, on standard forms provided in the bid package. Said proposal is to be accompanied by a cash deposit, a certified or cashier’s check, or a bid bond, made payable to the City, in an amount not less than 10 percent of the total bid submitted said cash deposit or check shall be forfeited or said bond shall become payable in the event the bidder depositing the same does not within ten (10) calendar days after written notice execute the Contract. C.8.f Packet Pg. 222 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 The successful bidder will be required to furnish with the Contract a Faithful Performance Bond in the amount of 100 percent of the Contract price, and a Payment Bond in the amount of 100 percent of the Contract price. The successful bidder will also be required to furnish certificates of insurance evidencing that all insurance coverage as required by the Specification has been so secured. The Contractor may, at Contractor’s sole cost and expense, substitute securities equivalent to any monies withheld by the City to insure performance under the Contract. Such securities shall be deposited with the City, or a state federally chartered bank as escrow agent, who shall pay such monies to the Contractor upon satisfactory completion of the Contract. Such securities, if deposited by the Contractor, will be valued by the City, whose decision on valuation of the securities shall be final. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any accrued interest thereon. Securities eligible for investment shall include those listed in Government Code Section 16430 and Government Code Section 4590. No such substitution shall be accepted until the escrow agreement, letter of credit, form of security and any other document related to said substitution is reviewed and found acceptable by the City’s attorney. The City reserves the right to waive any informalities or irregularities or to reject any or all bids, or any portions of any bid, or to reject and then negotiate the amount and/or terms of any bid with any bidder, and to be the sole judge of the merits of the respective bids received. The award of Contract, if made, will be on the basis of the lowest cost to the City to a responsible bidder whose proposal complies with all the prescribed requirements, including, but not limited to the Grand Terrace Municipal Code. No bidder may withdraw his bid for a period of thirty (30) days after the bid opening. Contract Documents may be examined at the City of Grand Terrace Public Works Department located at 22795 Barton Road, Grand Terrace, CA 92313 or may be obtained by email request to Shanita Tillman, Management Analyst, at stillman@grandterrace-ca.gov. Any questions regarding the bid documents should be directed via e-mail to the Management Analyst, Shanita Tillman. stillman@grandterrace-ca.gov. The successful bidder will be required to pay not less than the prevailing wage scale, determined by the Director of the California Department of Industrial Relations, copies of which scale are on file in the office of the City Clerk and the office of the Director of Public Works / City Engineer, and which shall be made available to any interested party upon request. Effective January 1, 2015, to be awarded and to perform work on Public Works projects, prime contractors and subcontractors must possess and maintain registration with the Department of Industrial Relations (DIR) at https://efiling.dir.ca.gov/PWCR. This is a separate requirement from the Contractors State License Board (CSLB) licensing requirement. See the Special Provisions for additional details. C.8.f Packet Pg. 223 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 The Contractor shall execute the Contract and shall secure all insurance and bonds required within ten (10) calendar days after the Contractor has been notified in writing of the award of the Contract. The Contractor shall not commence any street sweeping services or order equipment until the City has given the Contractor a Notice to Proceed. The Contractor shall commence street sweeping services within ten (10) calendar days after the Notice to Proceed. Payments will be made by check to the Contractor in accordance with the provisions of the Specifications and on itemized estimates duly certified and approved by the Director of Public Works/City Engineer. C.8.f Packet Pg. 224 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01624|7.0P00a6/g75e0132.1 INSTRUCTIONS TO BIDDERS CITY OF GRAND TERRACE BID NO: 22-01 PUBLIC WORKS DEPARTMENT DUE: December 14, 2021 22795 BARTON ROAD at 11:00 A.M. GRAND TERRACE, CA 92313 Submit bid in sealed envelope as indicated on the cover sheet BIDS NOT DELIVERED PRIOR TO THE HOUR INDICATED WILL BE REJECTED WE ARE PLEASED TO ISSUE THE ENCLOSED SPECIFICATIONS FOR YOUR CONSIDERATION FORM OF PROPOSAL: The bidder shall submit a complete proposal which will include this set of Specifications and any other documents required by these Specifications. The complete proposal shall be enclosed in a sealed envelope bearing the name of the bidder and of the project. In the event there is more than one bidding schedule, the bidder may bid on any individual schedule or on any combination of schedules. All quotations must be signed with the firm's name and by a responsible officer or employee. Obligations assumed by such signature must be fulfilled. Prices quoted by the bidder shall be exclusive of Federal Excise Taxes pursuant to exemption of political subdivision of a State by Federal Law. Prices quoted by the bidder shall mean total cost to the City, Freight on Board, delivered to the City of Grand Terrace. ADDENDA: Any addenda issued during the time of bidding forming a part of the documents shall be acknowledged and signed on the next page of the Bidding Schedule Section C and will be made a part of the Contract. DELIVERY OF PROPOSAL: The proposal shall be delivered by the time and to the place stipulated in the Notice Inviting Informal Bids. It is the bidder's sole responsibility to see that his proposal is received in proper time. Any proposal received after the scheduled closing time for receipt of proposal will be returned to the bidder unopened. WITHDRAWAL OF PROPOSAL: If for any reason you do not wish to bid on the project, mark NO BID and state your reasons for not bidding at this time. This withdrawal request must be signed by the bidder or their authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Informal Bids prior to the scheduled closing time for receipt of proposals. By following the necessary withdrawal procedures, you will enhance our efforts to keep our bidders list current. The withdrawal of a proposal shall not prejudice the right of a bidder to file a new proposal. OPENING OF PROPOSALS: The proposals will be officially opened and read at the time and place stipulated in the Notice Inviting Informal Bids. The City Council of the City of Grand Terrace reserves the right to reject any and all proposals and/or waive any informalities thereon. C.8.f Packet Pg. 225 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01724|7.0P00a6/g75e0132.1 We hope you will attend our formal bid opening and obtain the results as we are unable to complete our evaluation and furnish this information by phone until noon the following day. The complete proposal including proposal guaranty shall be enclosed in sealed envelope, endorsed with the bidder's company name and address on the upper left corner, the bid number, name of project, hour and date of bid opening as shown in Notice Inviting Informal Bids and the words "Sealed Bid". (Public opening of proposal does NOT apply to informal bids) Sealed bids shall be addressed to the City of Grand Terrace c/o Public Works Department, 22795 Barton Road, Grand Terrace, California 92313. MODIFICATIONS AND ALTERNATIVE PROPOSAL: Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specified. Oral, telegraphic, or telephonic proposals or modifications will not be considered. The City of Grand Terrace cannot honor any explanation or changes in the bid documents unless a written addendum has been issued. DISCREPANCIES IN PROPOSALS: In the event there is more than one bid item in a bidding schedule, the bidder shall furnish a price for all bid items in the schedule, and failure to do so will render the proposal informal and may cause its rejection. In the event there are unit price bid items in a bidding schedule and the "amount" indicated for a unit price bid item does not equal the product of the unit price and quantity, the unit price shall govern, and the amount will be corrected. PROPOSAL GUARANTEE: Each proposal shall be accompanied by a certified or cashier's check or in the amount of not less than 10 percent of the total amount named in the proposal. Said check or bond shall be made payable to the City and shall be given as a guarantee that the bidder, if awarded the work, will enter into a Contract within 15 calendar days after receipt of the Contract from the City, and will furnish the necessary insurance certificates, faithful performance bond, and labor and material bond; each of said bonds to be in the amount stated in the Notice Inviting Informal Bids. In case of refusal or failure to enter into said Contract, the check or bid bond, as the case may be, shall be forfeited to the City. If the bidder elects to furnish a bid bond as his proposal guarantee, they shall use the bid bond form bound herein, or one conforming substantially to it in form. BIDDER'S EXAMINATION OF SITE: Before submitting a proposal, bidder shall carefully examine the drawings, specifications, and other Contract Documents. It will be assumed that the bidder is familiar with existing site conditions and has a clear understanding of the requirements of the Contract regarding the furnishing of materials and performance of work. The submission of a proposal shall be considered conclusive evidence that the bidder has investigated and is satisfied with the character, quality, quantities of work to be performed and materials to be furnished. COMPETENCY OF BIDDERS: In selecting the lowest responsible bidder, consideration will be given not only to the financial standing but also to the general competency of the bidder for the performance of the work covered by the proposal. To this end, each proposal shall be supported by a statement of the bidder's experience as of recent date on the form C.8.f Packet Pg. 226 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 entitled "INFORMATION REQUIRED OF BIDDER", bound herein. The bidder shall have recently provided street sweeping service to not less than 3 projects of similar type and complexity. No proposal for the work will be accepted from a Contractor who is not licensed in accordance with applicable state law. CONTRACTOR'S LICENSING LAWS: In all State projects where Federal funds are involved, no bid submitted shall be invalidated by the laws of this State. However, at the time the Contract is awarded, the Contractor shall be properly licensed in accordance with the laws of this State. The first payment for work or material under any contract shall not be made by the State Controller unless and until the Registrar of Contractors certifies to the Controller that the records of the Contractors State License Board indicate that the Contractor w a s properly licensed at the time the Contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors State License Board. The department shall include a statement to that effect in the standard form of prequalification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a Contract shall constitute a failure to execute the Contract as provided in Section 10181 and shall result in the forfeiture of the security of the bidder. DIR REQUIREMENTS: In order to be awarded and to perform work on public works projects, prime contractors and subcontractors must possess and maintain registration with the Department of Industrial Relations (DIR) at https://efiling.dir.ca.gov/PWCR. This is a separate requirement from the Contractors State License Board (CSLB) licensing requirement. Contractors and subcontractors are to submit electronic payroll records to the DIR's Compliance Monitoring Unit (CMU), in addition to providing wet-ink original copies to the City or its designated labor compliance officer. DISQUALIFICATION OF BIDDERS: More than one proposal from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants in such collusion will be considered in future proposals. If applicable, no proposal will be accepted from a Contractor who is not licensed in accordance with the provision of Chapter 9 of Division III of the Business and Profession Code. RETURN OF PROPOSAL GUARANTY: The City will return the proposal guarantees accompanying each of the proposals which are not used in making the award once the Contract has been finally executed. AWARD OF CONTRACT: Award of a Contract, if it is awarded, will be based primarily on the lowest overall cost (total project with additive bids) to the City, and will be made to a responsible bidder whose proposal complies with all the requirements prescribed, including, but not limited to, the Grand Terrace Municipal Code. Preference will be given by the City of Grand Terrace to the lowest responsible bidder furnishing products made in the continental United States. Where the price of an acceptable American made product is within 5% of a non-American made product, award will be made to the domestic manufacturer. C.8.f Packet Pg. 227 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 Evaluation of the bidder's experience and additional information requested on the form "INFORMATION REQUIRED OF BIDDERS", bound herein, also will be a determining factor in arriving at an award. Any such award will be made within 60 calendar days after opening of the proposals. Unless otherwise indicated, a single award will not be made for less than all the bid items in an individual bidding schedule. In the event there is more than one bidding schedule, the City may award schedules individually or in combination. The City reserves the right to reject any or all bids, to waive any informality in a bid, and to make awards in the interests of the City. The requirements imposed by said law and regulations do not prevent a minimal use of foreign cement or steel materials if the cost of such materials used does not exceed one- tenth of 1 percent (0.1%) of the total Contract cost or $2,500, whichever is greater. The Contractor shall furnish the Engineer acceptable documentation of the quantity and value of any foreign cement or steel prior to incorporating such materials into the work. EXECUTION OF CONTRACT: The bidder to whom award is made shall execute a written Contract with the City on the form of agreement provided, shall secure all insurance and shall furnish all certificates and bonds required by the Specifications within 10 calendar days after receipt of the Contract from the City. No Contract shall be binding upon the City until the City Attorney has approved the Contract execution between the City and Contractor. Failure or refusal to enter into a Contract as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder refuses or fails to execute the Contract, the City may award the Contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the Contract, the City may award the Contract to the third lowest bidder to execute the Contract; such bidder's guarantees shall be likewise forfeited to the City. TIME OF COMPLETION: The Contractor shall be allotted the number of working days as specified in the Agreement to complete the work to the satisfaction of the City. C.8.f Packet Pg. 228 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 PROPOSAL FOR STREET SWEEPING SERVICES Bids due no later than 11:00 AM on Tuesday, December 14, 2021, at the office of Public Works. TO: CITY OF GRAND TERRACE, acting by and through its Governing Body, herein called the "CITY". Pursuant to and in compliance with your Notice to Contractors calling for Bids and other documents relating thereto, the undersigned bidder, having familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract, and the cost of the work at the place where the work is to be done, and with the drawings and specifications and other Contract Documents, hereby proposed and agrees to perform within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all applicable taxes, utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with the project known as: “STREET SWEEPING SERVICES”. All in strict conformity with the specifications and other Contract Documents, including Addenda No. , and , on file at the OFFICE OF THE CITY CLERK, 22795 BARTON ROAD, GRAND TERRACE, CALIFORNIA, 92313, for the sum of: (SEE BID SCHEDULE FOR COST BREAKDOWN OF ITEMS) COMPANY NAME TITLE CITY ZIP CODE TELEPHONE ( ) CONTRACTOR'S LICENSE NO. DIR REGISTRATION NO. C.8.f Packet Pg. 229 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 DATE BIDDER’S NAME, ADDRESS & PHONE STATE CONTRACTOR’S LICENSE NO. CITY BUSINESS LICENSE NO. (if available) CORPORATE SEAL Corporation incorporated under the State of TELEPHONE: (Area Code) BY: Signature Print or type name TITLE: Names and addresses of all members of co-partnership or names and titles of all officers of the corporation: C.8.f Packet Pg. 230 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 BID SCHEDULE FOR STREET SWEEPING SERVICES BIDDER: (Company Name) The undersigned proposes to supply and deliver the materials and services specified below in full accordance with the Contract Documents supplied by the City of Grand Terrace. All prices are to include: delivery, personnel, the cost of fuel, the cost of labor and maintenance, and all other charges related to the street sweeping services provided. Prices are to reflect any additional labor and equipment that may be needed during the high-volume sweeping season in the Spring and in the Fall. Prices are to remain the same for the entire contract period. No travel time of equipment will be allowed. COMPANY NAME CONTRACTOR LICENSE NUMBER FEDERAL TAX ID NUMBER YEARS IN BUSINESS BILLING ADDRESS CITY STATE ZIP CODE TELEPHONE FAX EMAIL ADDRESS CONTACT PERSON TITLE PRIMARY SWEEP VEHICLE INFORMATION YEAR MAKE MODEL LICENSE VEHICLE IDENTIFICATION NUMBER COMPLIANCE WITH CA EMMISSION STANDARDS □ COMPLIANT □ NON-COMPLIANT □ EXEMPT SECONDARY SWEEP VEHICLE INFORMATION YEAR MAKE MODEL C.8.f Packet Pg. 231 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 LICENSE VEHICLE IDENTIFICATION NUMBER COMPLIANCE WITH CA EMISSION STANDARDS □ COMPLIANT □ NON-COMPLIANT □ EXEMPT BASE BID STREET SWEEPING SERVICES - Residential Daily Rate: Thursdays between 6:00 am – 3:00pm – 2 zonesper Thursday Estimated Month l y Curb Mileage YEAR 1 3/1/2022- 2/28/2023 YEAR 2 3/1/2023- 2/29/2024 YEAR 3 3/1/2024- 2/28/2025 100 Business District Daily Rate: Wednesdays to Thursdays between 9:00pm – 6:00am (see map) TOTAL BASE BID AMOUNT $ _ STREET SWEEPING SERVICES Hourly Rate: Sunday through Saturday (On-Call and Special Events as needed) YEAR 1 3/1/2022- 2/28/2023 YEAR 2 3/1/2023- 2/29/2024 YEAR 3 3/1/2024- 2/28/2025 C.8.f Packet Pg. 232 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 ALTERNATIVE BID OPTION 2 – RESIDENTIAL EVEN/ODD SWEEPING FOR ALTERNATE SIDE PARKING STREET SWEEPING SERVICES – Residential ODD/EVEN Daily Rate: Thursdays between 6:00 am – 3:00pm / Business District Daily Rate: Wednesdays to Thursdays between 9:00pm – 6:00am (see map) Estimated Mon t h l y Curb M ileage YEAR 1 3/1/2022- 2/28/2023 YEAR 2 3/1/2023- 2/29/2024 YEAR 3 3/1/2024- 2/28/2025 100 TOTAL ALTERNATE BID AMOUNT $ _ BIDDER’S NAME DATE BIDDER’S SIGNATURE BASIS OF AWARD: THE CITY WILL MAKE AN AWARD TO THE LOWEST, RESPONSIVE/RESPONSIBLE BIDDER. THE LOWEST, RESPONSIVE BIDDER WILL BE DETERMINED BY THE TOTAL B A S E BID. C.8.f Packet Pg. 233 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 ADDENDA ACKNOWLEDGMENT The undersigned acknowledges receipt of the following ADDENDA and the cost if any, or such revisions have been included in the TOTAL BID of the Bidding Schedule (s). ADDENDUM NO. , DATED ADDENDUM NO. , DATED ADDENDUM NO. , DATED ADDENDUM NO. , DATED Name of Bidder Address State License No. Telephone No. By: Signature Title Date the day of , C.8.f Packet Pg. 234 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder's Name Business Address Telephone State Contractor's License No. Original Date Issued Expiration Date DIR Registration No. The following are the names, titles, addresses, and telephone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal: The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal, or any firm, corporation, partnership or joint venture of which any principal having an interest in this proposal was an owner, corporate officer, partner, or joint venture are as follows: All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows: C.8.f Packet Pg. 235 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, title, hands, and seals of all aforenamed principals this day of , 20 . BIDDER Subscribed and sworn to this day of , 20 . NOTARY PUBLIC C.8.f Packet Pg. 236 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) DESIGNATION OF SUBCONTRACTORS BIDDER proposes to subcontract certain portions of the work, and to procure materials and equipment from suppliers and Bidders as follows: NAME, ADDRESS, TELEPHONE NUMBER, LICENSE NO., AND DIR REG NO. OF SUBCONTRACTORS ITEMS OF WORK Prior to award of contract, Contractor shall submit a list of suppliers and Bidders in writing to the City Engineer. C.8.f Packet Pg. 237 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) REFERENCES The Contractor shall list in the spaces provided below, not less than three comparable contracts which have been completed within the past two years. Contract Year(s) Type of Work Performed Annual Contract Amount Client/Agency Name Contact Name/Title Phone Number 01247.0006/750132.1 C.8.f Packet Pg. 238 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 NON-COLLUSION AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ) (NAME), affiant being first duly sworn, deposes and says: that he or she is the of (sole owner, partner, other proper title) , the party making the foregoing bid and (Contracting Firm Name) that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associations, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid. (Public Contract Code Section 7106) Bidder's Name: Bidder's Address: Telephone No.: (Signature of Bidder) (Title) All signatures must be notarized and securely attached to this form. C.8.f Packet Pg. 239 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, , as Principal, and as Surety, are hereby and firmly bound unto as Owner in the penal sum of for the payment of which, will and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrator, successors, and assigns. Signed this day of ,2022. The condition of the above obligation is such that whereas the Principal has submitted to certain Bid, attached hereto and hereby made a part hereof to enter into a Contract in writing for the STREET SWEEPING SERVICES. NOW, THEREFORE, a. If said Bid shall be rejected, or in the alternate, b. If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said Contract, and shall in all other respects perform the agreement created by said Bid, then this obligation shall be void, otherwise, the same shall remain in force and effect; it is expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. C.8.f Packet Pg. 240 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first mentioned. PRINCIPAL: BY: SEAL C.8.f Packet Pg. 241 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 CONTRACT AGREEMENT THIS CONTRACTORS AGREEMENT (“Agreement”) is made and entered into this day of 2022, (“Effective Date”) by and between the CITY OF GRAND TERRACE (“City”), a public entity, and ., ("Contractor"), a California Corporation. 1. Scope of Services. Contractor shall perform all the services as described as follows: a) For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said City, said Contractor agrees with said City to perform and complete in a workmanlike manner all work required under the Bidding Schedule of the City’s Specification, in accordance with the Specifications and Drawings therefor, to furnish at his own expense all labor, materials, equipment, tools and services necessary therefor, except those materials, equipment, tools and services as may be stipulated in said specification to be furnished by said City and to do everything required by this Agreement and the said Specifications and Drawings. b) The Notice Inviting Informal Bids, Instructions to Bidders, Proposal, Information required of Bidder, Specification, Drawings, Exhibits and all addenda issued by the City with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made a part of this Agreement. c) In entering into a Public Works Contract for a subcontract to supply goods, services or materials pursuant to a Public Works Contract, the Contractor or subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchases of goods, services, or materials pursuant to the Public Works Contract or the subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the parties. 2. Term. This Agreement shall be effective on the date first written above and the Agreement shall remain in effect for thirty (30) c a l e n d a r days or when the work is complete, whichever is sooner, unless terminated as provided herein. 3. Compensation/Payment. Contractor shall perform the Services under this Agreement for the total sum not to exceed _. Payment shall be made in accordance with City's usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 4, hereof. 4. Notices. Any notices required to be given hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail, certified and postage prepaid, addressed to the party to be served as follows: C.8.f Packet Pg. 242 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 To City Contractor City of Grand Terrace 22795 Barton Rd. Bldg. B Grand Terrace, CA 92313 5. Prevailing Wage. If applicable, Contractor and all subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code and implemented the City Council of the City of Grand Terrace. The Director’s determination is on file and open to inspection in the office of the City Clerk and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein. 6. Contract Administration. A designee of the City will be appointed to administer this Agreement on behalf of City and shall be referred to herein as Contract Administrator. 7. Standard of Performance. While performing the Services, Contractor shall exercise the reasonable care and skill customarily exercised by reputable members of Contractors in the Metropolitan Southern California Area and shall use reasonable diligence and best judgment while exercising its skill and expertise. 8. Personnel. Contractor shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Contractor recognizes that the qualifications and experience of the personnel to be used are vital to Contractor and timely completion of the Services. 9. Assignment and Subcontracting. Neither party shall transfer any right, interest, or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event, no assignment shall be made unless the assignee expressly assumes the obligations of assignor under this Agreement, in writing satisfactory to the parties. Contractor shall not subcontract any portion of the work required by this Agreement without prior written approval by the responsible City’s Contract Administrator. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 13. Contractor acknowledges that any transfer of rights may require City Manager and/or City Council approval. 10. Independent Contractor. In the performance of this Agreement, Contractor and his employees, subcontractors, and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City or the City of Grand Terrace. Contractor acknowledges and agrees that the City has no obligation to pay or withhold state or federal taxes or to provide workers’ compensation or unemployment insurance to Contractor to Contractors employees, subcontractors, and agents. Contractor as an independent contractor shall be responsible for any and all taxes that apply to Contractor as an employer. 11. PERS Eligibility Indemnity. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of the City, Contractor shall C.8.f Packet Pg. 243 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 12 Indemnifications. 12.1 Indemnity. Except as to the sole negligence or willful misconduct of the City, Contractor shall defend, indemnify and hold the City, and its officers, employees and agents, harmless from any and all loss, damage, claim for damage, liability, expense or cost, including attorneys’ fees, which arises out of or is in any way connected with the performance of work under this Agreement by Contractor or any of the Contractor's employees, agents or subcontractors and from all claims by Contractor's employees, subcontractors and agents for compensation for services rendered to in the performance of this Agreement, notwithstanding that the City may have benefitted from their services. This indemnification provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Contractor or of Contractor's employees, subcontractors or agents. 12.2 Attorney’s Fees. The parties expressly agree that any payment, attorneys’ fees, costs or expense that the City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers' compensation is included as a loss, expense or cost for the purposes of this Section, and that this Section shall survive the expiration or early termination of the Agreement. 13. Insurance. 13.1 General Provisions. Prior to the City’s execution of this Agreement, Contractor shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverage’s may be modified in writing by the City’s Risk Manager or City Attorney, or a designee, unless such modification is prohibited by law. 13.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Contractor’s indemnification obligations under Section 12 hereof. 13.1.2 Ratings. Any insurance policy or coverage provided by Contractor as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder’s rating of A- or higher and a Financial Class of VII or higher. 13.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid. 13.1.4 Adequacy. The C i t y, its officers, employees and agents make no C.8.f Packet Pg. 244 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) representation that the types or limits of insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage as deems adequate, at Contractor's sole expense. 13.2 Workers’ Compensation Insurance: By executing this Agreement, certifies that Contractor is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers’ compensation, or to undertake self-insurance before commencing any of the work. Contractor shall carry the insurance or provide for self-insurance required by California law to protect said Contractor from claims under the Workers’ Compensation Act. Prior to City's execution of this Agreement, Contractor shall file with City either (1) a certificate of insurance showing that such insurance is in effect, or that Contractor is self- insured for such coverage, or (2) a certified statement that Contractor has no employees, and acknowledging that if Contractor does employ any person, the necessary certificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given ten (10) days prior written notice before modification or cancellation thereof. 13.3 Commercial General Liability and Automobile Insurance. Prior to City's execution of this Agreement, Contractor shall obtain, and shall thereafter maintain during the term of this Agreement, commercial general liability insurance and automobile liability insurance as required to insure against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Contractor. The City and the City, and its officers, employees and agents, shall be named as additional insureds under the Contractor’s insurance policies. 13.3.1 Contractor’s commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products-completed operations liability, independent ’s liability, personal injury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the amount of not less than $2,000,000. 13.3.2 Contractors automobile liability policy shall cover both bodily injury and property damage in an amount not less than $500,000 per occurrence and an aggregate limit of not less than $1,000,000. All of Contractor’s automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Contractor’s performance of this Agreement, which vehicles shall include, but are not limited to, owned vehicles, leased vehicles, Contractor’s employee vehicles, non-owned vehicles and hired vehicles. 13.3.3 Prior to City's execution of this Agreement, copies of insurance policies or original certificates and additional insured endorsements evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with City and shall include the City and its officers, employees and agents, as additional insured’s. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions: It is agreed that the City of Grand Terrace and its officers, employees, and agents, 01247.0006/750132.1 C.8.f Packet Pg. 245 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 are added as additional insures under this policy, solely for work done by and on behalf of the named insured for the City of Grand Terrace. 13.4 Subcontractors’ Insurance. Contractor shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss that may be caused by the subcontractors’ scope of work and activities provided in furtherance of this Agreement, including, but without limitation, the following coverage’s: Workers Compensation, Commercial General Liability, Errors and Omissions, and Automobile liability. Upon City’s request, Contractor shall provide City with satisfactory evidence that Subcontractors have obtained insurance policies and coverages required by this section. 14. Business Tax. Contractor understands that the Services performed under this Agreement constitutes doing business in the City of Grand Terrace, and Contractor agrees that Contractor will register for and pay a business tax pursuant to Chapter 5.04 of the Grand Terrace Municipal Code and keep such tax certificate current during the term of this Agreement. 15. Time of Essence. Time is of the essence for each and every provision of this Agreement. 16. City's Right to Employ Other. City reserves the right to employ other in connection with the Services. 17. Solicitation. Contractor warrants that they have not employed or retained any person or City to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement. For breach of this warranty, City shall have the right to terminate this Agreement without liability and pay only for the value of work has performed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Contractor the full amount of such commission, percentage, brokerage or commission fee. The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement. 18. General Compliance with Laws. Contractor shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Professional, or in any way affect the performance of services by Contractor pursuant to this Agreement. Contractor shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. 19. Amendments. This Agreement may be modified or amended only by a written Agreement and/or change order executed by the Contractor and the City. 20. Termination. City, by notifying Contractor in writing, shall have the right to terminate any or all of professional’s services and work covered by this Agreement at any time, with or without cause. In the event of such termination, Contractor may submit s final written statement of the amount of Contractor's services as of the date of such termination based upon the ratio that the work completed bears to the total work required to make the report complete, subject to the City’s rights under Sections 16 and 21 hereof. In ascertaining the work rendered through the termination date, City shall consider completed work, work in progress and complete C.8.f Packet Pg. 246 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 and incomplete reports and other documents only after delivered to City. 20.1 Other than as stated below, City shall give Contractor thirty (30) days prior written notice prior to termination. 20.2 City may terminate this Agreement upon fifteen (15) days written notice to Contractor, in the event: 20.2.1 Contractor substantially fails to perform or materially breaches the Agreement; or 20.2.2 City decides to abandon or postpone the Services. 21. Offsets. Contractor acknowledges and agrees that with respect to any business tax or penalties thereon, utility charges, invoiced fee or other debt which Contractor owes or may owe to the City, City reserves the right to withhold and offset said amounts from payments or refunds or reimbursements owed by City to Contractor. Notice of such withholding and offset shall promptly be given to by City in writing. In the event of a dispute as to the amount owed or whether such amount is owed to the City, City will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved. 22. Successors and Assigns. This Agreement shall be binding upon City and its successors and assigns, and upon Contractor and its permitted successors and assigns, and shall not be assigned by, Contractor either in whole or in part, except as otherwise provided in paragraph 9 of this Agreement. 23. Governing Law, Venue, Dispute Resolution and Attorneys' Fees. This Agreement shall be governed by and construed in accordance with laws of the State of California. Prior to commencing suit in a court of competent jurisdiction, any controversy, dispute or claim arising out of the Agreement shall first be submitted to an alternative dispute resolution process as set forth in Section 24 herein. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of San Bernardino, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. In the event either party hereto shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition of this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs thereof, including reasonable attorneys' fees, to be set by the court in such action. 24. Alternative Dispute Resolution. In the event of any controversy, dispute or claim arising out of or relating to this Agreement, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interest, attempt to reach a solution satisfactory to both parties. If they do not reach settlement within a period of 60 days, the matter shall be submitted to an alternative dispute resolution process, either nonbinding arbitration or mediation, (“Process”) by written notice from either party to the other. The parties shall meet and confer in good faith and select a Process and an arbitrator or a mediator that is agreeable to both sides. The selected Process shall be completed no later than 120 days (“Process Period”) after tender of the aforementioned written notice, unless the Parties mutually agree to an extension of the Process Period. If the matter is not successfully resolved by the selected Process, within the Process Period, the parties are free to commence litigation in a court of competent jurisdiction as defined in Section 23 herein. Any litigation commenced without both parties’ consent prior to the end of the Process Period, shall be subject to a stay until the end of the Process Period. The Parties C.8.f Packet Pg. 247 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 further agree to equally bear the cost of the Process. 25. Nondiscrimination. During Contractor’s performance of this Agreement, Contractor shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex, or sexual orientation, in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code. Further, Contractor agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. 26. Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, of this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect. 27. Authority: The individuals executing this Agreement and the instruments referenced herein on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof and thereof. 28. Entire Agreement: This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by, nor is neither party relying on, any representation or warranty outside those expressly set forth in this Agreement. 29. Interpretation. City and Contractor acknowledge and agree that this Agreement is the product of mutual arms-length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement. 29.1 Titles and captions are for convenience of reference only and do not define, describe, or limit the scope or the intent of the Agreement or any of its terms. References to section numbers are to sections in the Agreement unless expressly stated otherwise. 29.2 This Agreement shall be governed by and construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. C.8.f Packet Pg. 248 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 IN WITNESS WHEREOF City and Contractor have caused this Agreement to be duly executed the day and year first above written. THE CITY OF GRAND TERRACE, A public body By: Michael Milhiser City Manager Attest: Debra L. Thomas City Clerk APPROVED AS TO FORM: Adrian Guerra City Attorney CONTRACTOR By: _ [Printed Name] C.8.f Packet Pg. 249 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that we a hereinafter called "Principal" and of , State of California, hereinafter called the “Surety”, are held and firmly bound unto of hereinafter called "City" in the penal sum of Dollars ($ ) in lawful money of these ourselves, our heirs, executors, administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the City, dated the day of 2022 a copy of which is hereunto attached and made a part hereof for the construction of: STREET SWEEPING SERVICES NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said by Contract during the original term thereof, and any extensions thereof which may be granted by the City, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the City from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the City all outlay and expense which the City may incur in making good any default, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED FURTHER that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the C.8.f Packet Pg. 250 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 work to be performed thereunder or the Specifications accompanying the same shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications. PROVIDED FURTHER, that no final settlement between the City and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in Counterparts, each one of which shall be deemed an original, this the day of 2022. ATTEST: PRINCIPAL SEC. PRINCIPAL SEAL BY ADDRESS AS TO PRINCIPAL ADDRESS SURETY ATTEST: ATTORNEY IN FACT SURETY SEC. ADDRESS SEAL WITNESS AS TO SURETY ADDRESS NOTE: Date of Bond must not be prior to date of Contract C.8.f Packet Pg. 251 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) LABOR AND MATERIAL BOND KNOWN ALL MEN BY THESE PRESENTS, that we hereinafter called "Principal" and of , State of California, hereinafter called "Surety", are held and firmly bound unto of hereinafter called "Owner", in the penal sum of dollars ($ ) in lawful money of these United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, The Principal certain contract with the Owner, dated day of 2022, a copy of which is hereto attached and made a part hereof for the construction of: NOW THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension of modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machines, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums of said work, and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that if the original contractor or his subcontractor fails to pay any of the C.8.f Packet Pg. 252 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 persons named in Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor that the surety or sureties will pay for the same, in an amount not exceeding the sum specified in attorney's fee, to be fixed by the court. The original contractor may require of his subcontractors a bond to indemnify the original contractor for any loss sustained by the original contractor because of any default by his subcontractors under this section. PROVIDED FURTHER, that the said surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way effect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications. PROVIDED FURTHER, that no final settlement between the Owner and Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. C.8.f Packet Pg. 253 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the day of , 2022. ATTEST: (Principal) (Principal Sec.) (SEAL) (By) (Address) (Witness as to Principal) (Address) (Surety) ATTEST: (Surety Sec.) (SEAL) (By) (Address) (Address) C.8.f Packet Pg. 254 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 WORKER'S COMPENSATION INSURANCE CERTIFICATE The Contractor shall execute the following form as required by the California Labor Code, Section 1860 and 1861: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract. DATE: (Contractor) (By) C.8.f Packet Pg. 255 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 GENERAL PROVISIONS SECTION 1 - DEFINITIONS AND ABBREVIATIONS 1.1 CITY The word "City" shall mean the City of Grand Terrace named in the Contract Documents. 1.2 ENGINEER The word "Engineer" shall mean the Director of Public Works or individual authorized by the City to oversee the execution of this Contract, acting either directly or through properly authorized agents, each agent acting only within the scope of authority delegated to him by the Engineer. 1.3 CONTRACTOR The word "Contractor" shall mean the party entering into Contract with the City for performance of the work called for in these specifications and shown on the drawings, including the Contractor's authorized agents. 1.4 SUBCONTRACTOR The word "Subcontractor" shall mean any person, firm, or corporation entering into agreement with the Contractor for performance at the site of the work, of any part of the Contractor's obligation under the Contract. The Contractor, shall in his bid offer, set forth: (a) The name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime Contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime Contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime Contractor's total bid. (b) The portion of the work which will be done by each such subcontractor under this contract shall be listed individually. The prime Contractor shall list only one subcontractor for each such portion as is defined by the prime Contractor in his bid. C.8.f Packet Pg. 256 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 1.5 CONTRACT The word "Contract" shall mean the Contract Documents and shall include the written Agreement entered into by the City and the Contractor for the performance of work described in the specifications and shown on the Drawings, together with the Notice Inviting Informal Bids, the Instruction to Bidders, the Proposal, the Information Required of Bidder, the Specifications, the Drawings, all addenda issued by the City with respect to the foregoing prior to the opening of bids, and all change orders issued by the City and signed by the Contractor pertaining to the Contract after the Contract is awarded. 1.6 SPECIFICATIONS The word "Specifications" shall mean the General Conditions of the Contract and the Special Provisions of the Contract, together with all addenda and change orders issued with respect thereto. STANDARD SPECIFICATIONS. The work embraced herein shall be done in accordance with the provisions of the Standard Specifications for Public Works Construction, 2015 Edition, commonly known as the "Greenbook", produced by Public Works Standards, Inc. and published by BNI Publications Inc., insofar as the same may apply, which specifications are hereinafter referred to as the Standard Specifications, and as modified herein. 1.7 DRAWINGS The words "Drawings" or "Contract Drawings" shall mean those drawings accompanying the Specifications which show the location, nature, extent and form of the work together with applicable details. 1.8 COUNCIL The City Council of the City of Grand Terrace. 1.9 ENGINEERS ESTIMATE The lists of estimated quantities of work to be performed as contained in the Contract Documents. 1.10 INSPECTOR The representative of the Engineer or Director of Public Works who is assigned to inspect conformance of the work in accordance with plans and specifications. 1.11 OVERLAY A supplemental surface course placed on an existing pavement to improve its surface conformation or increase its strength. 1.12 ROADBED C.8.f Packet Pg. 257 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 That portion of the street included between the outside lines of curbs or paving. 1.13 STANDARD PLANS Standard Detail Drawings of the County of Riverside/San Bernardino and the State Department of Transportation. 1.14 SURFACE COURSE The top layer of pavement (exclusive of open graded A.C.), designed to provide structural values and a surface resistant to traffic abrasion. 1.15 TRAVELED WAY That portion of the roadway reserved for the movement of vehicles for the general public, exclusive of shoulders and auxiliary lanes. Where traffic has been diverted or restricted to certain lanes, with the approval of the City Engineer, these diversions or restricted lanes become the traveled way. 1.16 RIGHT-OF-WAY Includes City of Grand Terrace Public Right-of-Way and City of Grand Terrace Public Easements. C.8.f Packet Pg. 258 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 SECTION 2 - SPECIFICATIONS, DRAWINGS AND RELATED DATA 2.1 INTENT OF SPECIFICATIONS AND DRAWINGS The intent of the Specifications and Drawings is that the Contractor furnish all plans, labor, materials, equipment and services, except as may be specifically noted otherwise, which are required or necessary to fully complete the work. 2.2 SPECIFICATIONS AND DRAWINGS COMPLEMENTARY The Specifications and Drawings are complementary to each other. 2.3 DISCREPANCIES IN SPECIFICATIONS AND DRAWINGS Any discrepancies, errors, or omissions found in the Specifications or Drawings shall be promptly reported to the Engineer who will issue a correction in writing. The Contractor shall not take advantage of any such discrepancies, errors, or omissions, but shall comply with any corrective measures regarding the same prescribed by the Engineer. 2.4 CONFLICTS BETWEEN SPECIFICATIONS AND DRAWINGS In case of conflict between the Specifications and the Drawings, the Specifications shall govern over the Drawings. In cases of conflict between the General Conditions and Special Provisions of the Specifications, the Special Provisions shall govern over the General Conditions. SECTION 3 - ENGINEER-CONTRACTOR RELATIONS 3.1 ENGINEER'S AUTHORITY (a) The Engineer will decide all questions which may arise as to the quality and acceptability of materials and equipment furnished, work performed, rate of progress of the work, interpretation of the Specifications and Drawings, and all questions as to the acceptable fulfillment of the Contract by the Contractor. (b) Any difference which may arise between the Contractor and any other contractors C.8.f Packet Pg. 259 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 also under the surveillance of the Engineer will be arbitrated by the Engineer; however, the Engineer will not arbitrate disputes between the Contractor and his subcontractors. 3.2 ARBITRATION Any controversy or claim arising out of or relating to this Contract which cannot be resolved by mutual agreement shall be settled by arbitration in accordance with the rules of the American Arbitration Association. 3.3 LEGAL ADDRESS OF CONTRACTOR The address given in the form entitled "INFORMATION REQUIRED OF BIDDER" is hereby designated as the place to which all notices, letters, and other communications to the Contractor will be mailed or delivered. The mailing or delivering to said address of any notice, letter, or other communication shall be deemed sufficient service thereof upon the Contractor. The date of such service shall be the date of such mailing or delivery. Said address may be changed at any time by written notice signed by the Contractor and delivered to the Engineer. 3.4 CONTRACTOR'S SUPERINTENDENCE A qualified superintendent, acceptable to the Engineer, shall superintend the work and shall provide competent supervision of the work until its completion. The superintendent shall have full authority to act in behalf of the Contractor, and all directions given by the Engineer to the superintendent shall be considered given to the Contractor. If the superintendent is not present on a part of the work where the Engineer desires to give instructions, such instructions may be given by the Engineer to the foreman in charge of the particular work to which the instructions apply. Such instructions given to a foreman likewise shall be considered given to the Contractor. Such instructions given by the Engineer to the superintendent or to a foreman, when they concern items of substantial importance, will be confirmed in writing. All instructions within the Engineer's authority as specified in Section 3.01. All as provided for in this Subsection of the Standard Specifications except the Contractor shall submit a phone number or numbers where he or his representative may be contacted 24 hours a day, 7 days a week in the event of an emergency. 3.5 PROTESTS If the Contractor considered any work demanded of him to be outside the requirements of the Contract, or if he considers any order, instruction, or decision of the Engineer or of any inspector to be unfair, he shall, immediately upon receipt of such order, instruction, or decision, ask for a written confirmation of the same, whereupon he shall proceed without delay to perform the work C.8.f Packet Pg. 260 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 or to conform to the order, instruction, or decision satisfactory; but, unless the Contractor finds such order, instruction, or decision satisfactory, he shall within 10 days after receipt of same, file a written protest with the Engineer, stating clearly and in detail his objections and the reasons therefore. Except for such protests or objections as are made of record in the manner specified and within the time stated herein, the Contractor hereby waives all round for protests or objections to the orders, instructions, or decisions of the Engineer and hereby agrees that, as to all matters not included in such protest, the orders, instructions and decisions of the Engineer and hereby agrees that, as to all matters not included in such protest, the orders, instructions and decisions of the Engineer will be limited to matters properly falling within the Engineer's authority as specified in Section 3.01. 3.6 ASSIGNMENT FORBIDDEN (a) The Contractor shall not assign, sublet, sell, transfer, or otherwise dispose of the Contract or any portion thereof, or his right, title, or interest therein, or his obligations thereunder, without the written consent of the Owner. (b) If the Contractor violates the provisions of Subsection 3.10 (a), the Contract may be terminated at the option of the Owner. In such event, the Owner shall be relieved of all liability and obligations to the Contractor, and to his assignee or transferee, growing out of such termination. 3.7 SUBCONTRACTS (a) In the Owner's discretion, subcontracts may be permitted to such extent as shall be shown to be necessary or advantageous to the Contractor in the prosecution of the work and without injury to the Owner's interests. The re-subletting of the work by a subcontractor shall be subject to the same limitations as an original subletting. Each subcontractor shall be properly licensed for the type of work which he is to perform. (b) A copy of each subcontract, if in writing (or if not in writing, then a written statement signed by the Contractor giving the name of the Subcontractor and the terms and conditions of each subcontract), shall be filed promptly upon the Owner's request. Each subcontract shall contain a reference to the Agreement between the Owner and the Contractor, and the terms of that Agreement covered thereby. Each subcontract shall provide for annulment of the same by the Contractor upon written order of the Engineer, if, in the Owner's opinion, the Subcontractor fails to comply with the requirements of the prime Contract insofar as the same may be applicable to this work. (c) The Contractor shall be responsible to the Owner for the acts and omissions of his subcontractor and their employees to the same extent as he is responsible for the acts and omissions of his own employees. Nothing contained in this Section shall create any contractual relationship between any subcontractor and the Owner or relieve the Contractor of any liability or obligation under the prime Contract. C.8.f Packet Pg. 261 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 3.8 SUSPENSION OF WORK (a) The Owner may, by written notice to the Contractor, suspend the work, in whole or in part, for such period or periods as he may deem necessary, due to unsuitable weather, delay in delivery of Owner-furnished equipment or materials, or such other conditions as are considered unfavorable for prosecution of the work, or failure on the part of the Contractor to carry out the provisions of the Contract or to provide materials or workmanship meeting the requirements of the Specifications. Suspended work shall be resumed by the Contractor within 10 days of receipt from the Owner of written notice to proceed. (b) The Contractor shall have no claim for damages alleged to have been suffered by reason of any suspension of the work without termination of the Contract, and he shall receive no additional compensation because of any such suspension. 3.9 TERMINATION OF CONTRACT BY OWNER (CONTRACTOR NOT AT FAULT) The Owner may terminate the Contract upon 10 days written notice to the Contractor, if it is found that reasons beyond the control of either the Owner of Contractor make it impossible or against the Owner's interests to complete the work. In such a case, the Contractor shall have no claims against the Owner except (1) for the value of work performed up to the date the Contract is terminated, and (2) for the cost of materials and equipment on hand, in transit or on definite commitment, as of the date the Contract is terminated, which would be needed in the work and which meet the requirements of the Specifications. The value of the work performed and the cost of the materials and equipment delivered to the site, as mentioned above, shall be determined by the Engineer in accordance with the procedure prescribed for the making of the final estimate and payment as described in Section 5.08. 3.10 TERMINATION OF CONTRACT BY OWNER (CONTRACTOR AT FAULT) (a) The Owner may terminate the Contract upon 10 days written notice to the Contractor in the event of any default by the Contractor. It shall be considered a default by the Contractor whenever he shall (1) declare bankruptcy, become insolvent, or assign his assets for the benefit of his creditors; (2) disregard or violate any provisions of the Contract documents or Engineer's instructions, or fail to prosecute the work according to the approved progress schedule; or (3) fail to provide a qualified superintendent, competent workmen, or subcontractors, or materials or equipment meeting the requirements of the Specifications and Drawings. (b) In the event the Contract is terminated in accordance with Subsection 3.14(a), the Owner may take possession of the work and of all materials, tools, equipment, and property of the Contractor, which have been provided in connection with the work, and may complete the work by whatever method or means he may select. The cost of completing the work shall be deducted from the Contract balance and the work completed in accordance with the Drawings and Specifications. If such cost exceeds the balance which would have been due, the Contractor shall pay the excess amount to the Owner. If such cost is less than the balance which could have been due, the Contractor shall have no claim to the difference except to such extent as may be necessary, in the opinion of the Engineer, to reimburse the Contractor or the Contractors sureties for any expense properly incurred for materials, tools, equipment, property, and labor, devoted to the prosecution of the work, of which the Owner shall have received the benefit. In computing C.8.f Packet Pg. 262 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 such expenses, as it relates to equipment and property, the salvage value at completion of the work shall be deducted from the depreciated value at the time the Contract was terminated, and the difference shall be considered as an expense. 3.11 TERMINATION OF CONTRACT BY CONTRACTOR The Contractor may terminate the Contract upon 10 days written notice to the Owner, whenever (1) the entire work has been suspended in accordance with Section 3.12, for 60 consecutive calendar days through no fault or negligence of the Contractor, and notice to resume work or to terminate the Contract has not been received from the Owner within this time period; or (2) the Owner should fail to pay the Contractor any substantial sums due him in accordance with the terms of the Contract and within the time limits prescribed. In the event of such termination, the Contractor shall have no claim against the Owner except for those claims specifically enumerated in Section 3.13. 3.12 FAILURE TO COMPLY If the Contractor should refuse or neglect to comply with the provisions of the Contract or the orders of the Owner, the Owner may have such provisions or orders carried out by others at the expense of the Contractor. SECTION 4 - MATERIALS AND WORKMANSHIP 4.1 SAFEGUARDING OF EQUIPMENT, MATERIALS AND WORK The Contractor shall properly safeguard all equipment, materials, and work against loss, damage, malicious mischief, or tampering by unauthorized persons until acceptance of the work by the City. Locked and covered storage or continuous surveillance by a watchman shall be provided if required to accomplish this purpose. 4.2 NEW MATERIALS AND EQUIPMENT Unless otherwise specified, shown, or permitted by the Engineer, all materials and equipment incorporated in the work shall be new and current manufacture. The Engineer may request the Contractor to furnish manufacturer's certificates to this effect. 4.3 CONTRACTOR'S UTILITIES The Contractor shall provide his own water, telephone, fuel, and all electric power required in performance of the work under the Contract and shall pay all installation charges and monthly bills in connection therewith. C.8.f Packet Pg. 263 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 4.4 DEFECTIVE EQUIPMENT, MATERIALS OR WORK (a) Inspection of the work shall not relieve the Contractor of any of his obligations under the Contract. Even though equipment, materials or work required to be provided under the Contract have been inspected, accepted and estimated for payment, the Contractor shall, at his own expense, replace or repair any such equipment, materials, or work found to be defective or otherwise not in compliance with the requirements of the Contract up to the end of the maintenance and guarantee period. (b) Any equipment or materials brought upon the job site by the Contractor and subsequently rejected by the Engineer as not complying with the requirements of the Contract shall be removed immediately by the Contractor to a satisfactory distance from the job site. (c) If the Contractor shall fail to repair or replace unsatisfactory equipment, materials, or work, or to remove unsatisfactory equipment or materials from the job site, within 10 calendar days after being ordered to do so by the Engineer, the Engineer, acting on behalf of the City, may make the ordered repairs or remove the condemned equipment or materials and the City will deduct the cost thereof from any monies due or to become due the Contractor. 4.5 RUBBISH CONTROL During the progress of the work, the Contractor shall keep the site of the work and other areas used by them in a neat and clean condition, and free from any accumulation of rubbish. 4.6 DUST CONTROL The Contractor shall at all times conduct his work so as to avoid unnecessary dust. He shall provide adequate equipment and water as determined by the Engineer to be necessary for accomplishment of this objective. 4.7 CHARACTER OF WORKMEN Only skilled workmen shall be employed on work requiring special qualifications. When required in writing by the Engineer, the Contractor or any subcontractor shall discharge any person who is, in the opinion of the Engineer, incompetent, disorderly, or otherwise unsatisfactory, and shall not again employ such discharged person on the work except with the consent of the Engineer. Such discharge shall not be the basis of any claim for damages against the City or any of his agents. C.8.f Packet Pg. 264 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 SECTION 5 - PROGRESS AND PAYMENT 5.1 BREAKDOWN OF CONTRACT PRICE Prior to commencement of the work, if requested by the Engineer, the Contractor shall submit a detailed price breakdown of any or all of his bid items for the work. Such price breakdown shall include quantities, unit prices, and any other information required, in sufficient detail, to enable it to be used by the Engineer in preparing the monthly progress estimates. The Contractor shall use the price breakdown form bound with Specifications if one is included. 5.2 CHANGE ORDERS (a) The City may, as the need arises, order changes in the work through additions, deletions, or modifications, without invalidating the Contract. Such changes will be affected through written change orders delivered to the Contractor, describing the change required in the work, together with any adjustment in Contract price or time of completion as hereinafter provided. No such change shall constitute the basis of claims for damage or anticipated profits; however, the City will make reasonable allowance for the value of any work materials or equipment furnished and subsequently rendered useless because of such change. Any adjustment in Contract price resulting from a change order will be considered in computing subsequent monthly payments due the Contractor. Any work performed in accordance with a change order shall be subject to all provisions of the original Contract, and the Contractor's sureties shall be bound thereby to the same degree as under the original Contract. (b) No labor cost for move in and out of minimum charges, other than the hourly rate, shall be allowed for persons available from the force already on the job site. Only the foremen directly supervising the job shall be included in the labor charges. Labor rates for delays will be the actual costs. Labor rates for extra work will be taken from the rates published periodically by the California Department of Transportation. Equipment rental rates for delays and for extra work will be taken from the rates published periodically by the California Department of Transportation. Move in and out or minimum charges other than the hourly rate, shall not apply to equipment available from the force already on the job site. Right-of-way delay factors shown on the Equipment Rental Rates do not apply. Copies of the prevailing Equipment Rental Rates are available from the: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 1900 ROYAL OAKS DRIVE SACRAMENTO, CALIFORNIA 95815 (c) Any adjustment in Contract price shall be based on unit price bid on the work, where such bid items are applicable. (d) If the original bid prices are not applicable, the adjustment in Contract price shall be based on a lump sum or unit price agreed upon by the City and the Contractor prior to executing the change order. C.8.f Packet Pg. 265 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 (e) If the original bid prices are not applicable and the City and Contractor are unable to agree upon a lump sum or unit price prior to executing the change order, the adjustment in Contract price shall be made on a cost-plus basis. In such an event, the following items will be included as the direct costs: Materials and supplies Labor (including foremen's wages) Workmen's Compensation Insurance Unemployment insurance contributions paid to the State Social Security Taxes paid to the Federal Government Labor union health and welfare, pension, vacation-holiday, and apprenticeship fund contributions Reasonable value for use of equipment for actual time of use In addition to the direct costs enumerated above, the City will pay to the Contractor for said extra work a percentage of said direct costs to compensate for the following profit and overhead items: Profit General expenses All insurance except Workmen's Compensation Insurance Excise taxes Property taxes License and inspection fees Bond premiums All other items of expense not specifically enumerated above Said percentage will be 15 percent of said direct costs provided the Contractor actually performs said extra work himself. In the event said extra work is performed by a Subcontractor, the percentage paid to the Contractor will be 20 percent of said Subcontractor's direct costs. Said percent will include allowance for profit and overhead costs for both the Contractor and Subcontractor. In the event said extra work is performed through more than one Subcontractor in succession, said percentage will not exceed 25 percent. (f) When work is being performed on a cost-plus basis, the Contractor shall submit written reports as directed by the City, showing all items of direct cost, as defined in Subsection 5.02 (e), which enter into the work. If required by the City, the Contractor shall furnish books, vouchers, invoices, and other records to substantiate the direct cost items listed in said reports. 5.3 OVERTIME Except as otherwise provided in this Section, the Contractor shall receive no additional compensation for overtime work even though such overtime work may be required under emergency conditions and may be ordered by the Engineer in writing. Additional compensation will be paid the Contractor for overtime work only in the event extra work is ordered by the Engineer and the change order specifically authorizes the use of overtime work, and then only to such extent as overtime wages are regularly being paid by the Contractor for overtime work of a similar nature in the same locality. C.8.f Packet Pg. 266 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 5.4 EXTENSION OF TIME (a) The Contractor may be entitled to an extension of Contract time (1) if the work has been suspended by the City, in whole or in part; or (2) Where weather or other circumstances occur which delay progress and which are clearly beyond the control of the Contractor; provided that, in either case, the Contractor is not at fault and is not negligent under the terms of the Contract. The extension of time allowed shall be as determined by the City. (b) To receive consideration, a request for extension of time must be made in writing to the City stating the reason for said request, and such request must be received by the City within 10 days following the end of the delay-causing condition. 5.5 LIQUIDATED DAMAGES (a) The Contractor shall pay to the City the amount of two hundred and fifty dollars ($250) per day, not as a penalty but as liquidated damages, if he fails to complete the work within the time agreed upon. The period for which said damages shall be paid shall be the number of calendar days from the date of termination of any extension of time approved by the City. The City may deduct the amount of said damages from any monies due or to become due the Contractor. (b) The said amount is fixed and agreed upon by and between the Contractor and the City because of the impracticability and extreme difficulty fixing and ascertaining the actual damages the City would sustain; and said amount is agreed to be the amount of damages which the City would sustain. (c) The Contractor will not be assessed liquidated damages for delay in completion of the project, which such a delay was caused by the failure of the City or the Owner of a utility to provide for removal or relocation of an existing unknown utility facility. 5.6 PROGRESS SCHEDULES Within 10 days after award of the Contract, or at such times as may be required by the City, the Contractor shall submit progress schedules showing the order in which he proposed to carry on the work and the dates when the various parts will begin and be completed. Progress schedules shall be subject to the approval of the City and if in his opinion a schedule submitted is inadequate to secure the completion of the work in the time agreed upon, or is otherwise not in accordance with the Specifications, he may require the Contractor to submit a new schedule which will insure timely completion of the work. 5.7 FINAL PAYMENT TERMINATES LIABILITY OF OWNER The acceptance by the Contractor of the final payment referred to in Subsection 5.8(c) shall be a release of the City and its agents from all claims of and liability to the Contractor for anything done or furnished for, or relating to, the work or for any act or neglect of the City or of any person relating or affecting the work, except claims against the City for the remainder, if any, of the amounts kept or retained under the provisions of Section 6.05. C.8.f Packet Pg. 267 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 SECTION 6 - BONDS, INSURANCE, LEGAL RESPONSIBILITY, AND PUBLIC SAFETY 6.1 FAITHFUL PERFORMANCE BOND Each bond which is written by an out-of-state bonding company shall contain the name, address and telephone number of an agent located in the State of California who is authorized to act for the bonding company. The Contractor shall secure with a corporate surety or sureties satisfactory to the City, a bond in the amount of 100 percent of the total Bid Amount to guarantee faithful performance of the Contract. The amount of this Faithful Performance Bond shall be reduced to 50% of the Contract amount or $500.00 whichever is greater and shall remain in full force and effect for one year from the date of the Final Notice of Completion to assure and guarantee against any defective materials furnished in the performance of the Contract. 6.2 LABOR AND MATERIAL BOND The Contractor shall secure with a corporate surety or sureties satisfactory to the City, a bond in the amount of 100 percent of the total Bid Amount to guarantee payment of claims of laborers and material-men under the Contract. 6.3 ADDITIONAL SURETY If, during the life of the Faithful Performance Bond, any of the sureties named in said bond become insufficient in the opinion of the City, he may require the Contractor to furnish additional sufficient sureties within 5 days of receipt of written order to do so. In the event the Contractor fails or neglects to furnish sufficient additional sureties, when ordered, within the prescribed time period, the City may suspend the work or terminate the Contract, and the Contractor shall have no claim for damages. 6.4 CONTRACTOR INDEBTEDNESS Indebtedness incurred for any cause in connection with this work must be paid by the Contractor and the City is hereby relieved at all times from any indebtedness or claim other than payments under terms of the Contract and the Contractor will indemnify and hold harmless the City and its officers and employees from any loss, demand, damages, claims or actions arising from or in connection with said indebtedness. 6.5 UNPAID CLAIMS If, upon or before the completion of the work, or at any time prior to expiration of the period within which claims of lien may be filed of record, any person claiming to have performed any labor or to have furnished any materials, supplies, or services toward the performance of this Contract, or to have agreed to do so, shall file with the City a verified statement of such claim stating in general terms the kind of labor and materials, the value of same, and the name of the person to or for whom the same was furnished, together with a statement that the same has not been paid; or if any person shall bring against the City or any of its agents. Any action to enforce such claim the City will, until the action is settled, withhold from monies due the Contractor an amount sufficient to satisfy the C.8.f Packet Pg. 268 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 decision of the court together with costs. 6.6 INSURANCE (a) General - The Contractor shall not commence work under this Contract until he has obtained all the insurance required under this Section and such insurance has been approved by the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required of the subcontractor has been so obtained and approved. All insurance required under this Section shall be maintained continuously during the life of the Contract up to the date of acceptance of the work by the City. (b) Worker's Compensation Insurance - The Contractor shall procure and maintain Workmen's Compensation Insurance as required by applicable State or territorial law for all of his employees to be engaged in work at the site of the project under this Contract, and, in case of any such work sublet the Contractor shall require the subcontractor similarly to provide Workman's Compensation Insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's Workmen's Compensation Insurance. In case any class of employees engaged in hazardous work on the project under this Contract is not protected under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. (c) Contractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance - The Contractor shall procure and maintain Contractor's Liability Insurance in the amounts specified herein. (d) Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance - The Contractor shall either (1) require each of his subcontractors to procure and to maintain Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified in the Special Provisions or, (2) insure the activities of his subcontractors in his own policy, in like amount. (e) Builder's Risk Insurance (Fire and Extended Coverage) – (f) Scope of Insurance - The insurance required under Subsections (c) and (d) hereof shall provide adequate protection for the Contractor and his subcontractor's respectively, against damage claims which may arise from operations under this Contract, whether such operations be by the insured or by anyone directly or indirectly employed by him. In addition, the insurance required under subsections (c), (d) and (e) hereof shall name the City and Engineer, and their officers, agents and employees, as "additional insured" under the policies. The insurance coverage should contain the following provisions: "Solely as respects work done by and on behalf of the named insured for the City of Grand Terrace, it is agreed that the City of Grand Terrace, is added as an additional insured under this policy. It is further agreed that the other insurance conditions of the policy are amended to conform therewith." All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration, material alteration, or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered or certified mail not less than 30 C.8.f Packet Pg. 269 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 days before expiration, material alteration or cancellation is effective. All liability insurance shall cover comprehensive general and automobile liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, aggregate operations, aggregate protective and aggregate contractual with the following minimum limits: Bodily injury (including death) $1,000,000 each person, $1,000,000 each occurrence Property Damage $500,000 each occurrence, $1,000,000 aggregate Special attention is directed to possible flood hazards, and/or nuisance water such as irrigation and other runoff. The Contractor shall be responsible for all injuries or damages to any portion of the work occasioned by the above causes and he shall make good such injuries or damages at no cost to the City prior to the completion and acceptance of the work. (g) Proof of Insurance - The Contractor shall furnish the City with certificates showing the type, amount, class of operations covered, effective dates and date of expiration of policies. Such certificates shall also contain substantially the following statements: "The insurance covered by this certificate will not be cancelled or materially altered, except after 30 days written notice has been received by the City." 6.7 NO PERSONAL LIABILITY The Contractor shall indemnify and save harmless the City, its officers, agents, and employees, against and from all claims and personal liability arising under or by reason of the Contract or any performance of the work. 6.8 DIR REQUIREMENTS Pursuant to State Senate Bill 854, the following new requirements apply to all public works projects: A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform pubic work pursuant to Section 1725.5 at the time the contract is awarded. The website for contractor registration with the Department of Industrial Relations (DIR) is https://efiling.dir.ca.gov/PWCR; the annual non-refundable fee, valid July 1 through June 30 (state fiscal year), is $300. Contractors and subcontractors must submit electronic payroll records to the DIR's Compliance Monitoring Unit (CMU) in addition to providing wet-ink original copies to the City or its designated labor compliance officer. 6.9 PERMITS AND LICENSES C.8.f Packet Pg. 270 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 Unless otherwise provided in the Special Provisions, the Contractor shall obtain at his own expense all permits and licenses required for prosecution of the work and shall pay all taxes properly assessed against his equipment or property used in connection with the work. No work shall be started within the street right-of-way or on City property until the Contractor has obtained the necessary permits. The Contractor shall obtain and pay for all permits and fees and give all notices necessary and incident to the due and lawful prosecution of the work and to the preservation of the public health and safety. Fees will not be collected on those permits obtained from the City Engineer's Office. For work on private property where shown on the plans, the City will provide rights of entry at no cost to the Contractor. Such rights of entry do not relieve the Contractor of the need to provide at his cost, permits and insurance required of the Contractor by other agencies and organizations. The Contractor shall obtain and pay for all costs incurred for licenses necessitated by his operations. Prior to starting any work, the Contractor shall be required to have a City Business License valid for the life of the Contract; his subcontractors shall also have Business Licenses valid for the time they are engaged in work. 6.10 SALES AND USE TAXES The Contractor shall pay all sales and use taxes assessed by Federal, State or local authorities on materials furnished by the Contractor in performance of the work. 6.11 PATENTS AND COPYRIGHTS The Contractor shall indemnify and save harmless the City and its officers, agents, and employees, against all claims or liability arising from the use of any patented or copyrighted design, device, material, or process by the Contractor or any of his subcontractors in the performance of the work. 6.12 Reserved 6.13 PUBLIC SAFETY AND CONVENIENCE - Please refer to Special Provisions For convenience to the Contractor to comply with the other provisions of this section, the following telephone numbers are listed. If the above telephone numbers are changed, the Contractor is not relieved of his responsibility of notifying the various departments. 6.14 FEDERAL SAFETY AND HEALTH REGULATIONS Fire Department 909-825-0221 Sheriff Department 909-824-0680 Courtesy Ambulance Service 909-884-3155 RTA 909-682-1234 Colton Unified School District 909-976-4110 C.8.f Packet Pg. 271 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 (a) Contractors and subcontractors shall comply with the provisions of the Safety and Health Regulations for construction, promulgated by the Secretary of Labor under Section 107 of the "Contract Work Hours and Safety Standards Act", as set forth in Title 29, C.F.R. (b) Contractors and subcontractors shall comply with the provisions of the Occupational Safety and Health Standards, promulgated by the Secretary of Labor under the "Occupational Safety and Health Act of 1970," as set forth in Title 29. C.F.R. SECTION 7 - STATE OF CALIFORNIA REQUIREMENTS 7.1 WAGES (a) Pursuant to the provisions of the California Labor Code, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the said work is performed, and not less than the general prevailing rate of per diem wages for legal holidays and overtime work in each craft or type of workmen needed to execute the work contemplated under the Contract, shall be paid to all workmen on and in connection with said work by the Contractor and by any subcontractor doing or contracting to do any part of said work. The Contractor shall, as a penalty to the City, forfeit $25.00 for each calendar day, or portion thereof, for each workman paid less than the stipulated prevailing rates of such work or craft in which such workman is employed, whether paid by the Contractor or by any subcontractors under him. The Contractor agrees to comply with the provisions of Sections 1775 and 1776 of the California Labor Code. The Contractor is also required to post the applicable prevailing wage rates at the jobsite. Pursuant to 1773.2, the Contractor shall refer to the wage schedule on file at the City Clerk's Office at 22795 Barton Road, Grand Terrace, California, 92313. (b) The Contractor and the subcontractors shall comply with the Davis-Bacon Fair Labor Standards Act (40 USC a--276a-5) and the implementation regulations issued pursuant thereto (29 CFR Section 1.5) and any amendments thereof. (c) The issuance, as payment for wages, of any evidence of indebtedness is prohibited unless the same is negotiable and payable on demand without discount. (d) In accordance with the provisions of Section 3700 of the California Labor Code, the Contractor shall secure the payment of compensation to his employees. 7.2 PAYROLL RECORDS Contractor shall provide the City with certified copies of payroll records upon demand, and within 24 hours of such demand. 7.3 APPRENTICES ON PUBLIC WORKS The Contractor shall comply with all applicable provisions of Sections 1775.5 of the California Labor Code relating to employment of apprentices on public works. C.8.f Packet Pg. 272 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 7.4 WORKING HOURS (a) The Contractor shall comply with Chapter 8.108 of the Grand Terrace Municipal Code (“G.T.M.C.”) restricting work between the hours of eight p.m. and seven a.m. weekdays, including Saturday or at any time on Sunday or a National Holiday. (b) The Contractor shall comply with all applicable provisions of Sections 1810 to 1817, inclusive, of the California Labor Code relating to working hours. The Contractor shall, as penalty to the City, forfeit $25.00 for each workman employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which such workman is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the above-mentioned Sections of the California Labor Code. 7.5 CONTRACTOR NOT RESPONSIBLE FOR DAMAGES RESULTING FROM CERTAIN ACTS OF GOD As provided in Sections 4150 and 4152, inclusive, of the California Government code, the Contractor shall not be responsible for the cost of repairing or restoring damage to the work, which damage is determined to have been proximately caused by an Act of God in excess of five percent of the contracted amount, provided, that the work damaged is built in accordance with accepted and applicable building standards and the attached plans and specifications. The Contractor shall obtain insurance to indemnify the City for any damage to the work caused by an Act of God if the premium for said insurance coverage is not called for as a separate bid item in the Bidding Schedule for the work. For the purpose of this Section, the term "Acts of God" shall include only the following occurrences or conditions and effect; earthquakes in excess of a magnitude of 3.5 on the Richter Scale. C.8.f Packet Pg. 273 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 SPECIAL PROVISIONS EXHIBIT A The City of Grand Terrace seeks the services of a qualified bidder to meet the needs of the City in the most cost-effective and efficient manner possible to provide street sweeping services in a thorough and professional manner, and to provide labor, tools, equipment, materials and supplies necessary to complete the work in a timely manner that will meet the City’s requirements. A. Objectives The primary objectives of the sweeping program are to: 1. Establish and adhere to a regular schedule of performance 2. Maintain gutter flow lines free of debris for free flow of water 3. Maintain a state of cleanliness for road safety acceptable to the City and its residents. 4. Meet all Federal, State, County and City laws and ordinances 5. Meet South Coast Air Quality Management District (AQMD) requirements 6. Meet all National Pollution Discharge Elimination System (NPDES) requirements to remove and properly dispose of dust, silt, dirt, leaves and other organic and inorganic materials from the City streets prior to such materials entering the City’s storm drain system. B. Services Requested: 1. Services shall include furnishing all labor, equipment, tools, fuel, insurance, supervision, and materials (except water), to sweep streets in accordance with the schedule and specifications contained in this document. 2. During the term of the contract, the Contractor shall sweep by machine all residential public streets, commercial public streets and all the paved public alleys in the City, in accordance with the sweeping schedule as established by the City prior to execution of the Contract. 3. Commercial and residential streets are defined for the purposes of this contract as all areas of public streets which are paved, and which are regularly used for the operation of motor vehicles. C. Description of Work 1. City of Grand Terrace (Residential) a. The current six (6) zone schedule (MAP) will be followed • Zones 1 & 2 are swept the first Thursday of every month • Zones 3 & 6 are swept the second Thursday of every month • Zones 4 & 5 are swept the third Thursday of every month 2. Grand Terrace Business District – One (1) Time Per Week a. Both sides of Barton Road from western City limit at 21800 Barton Road to the eastern City limit at 23200 Barton Road b. Both sides of Mt. Vernon from Main (North) to the northern City limit approximately 1500 feet north of Grand Terrace Road. 3. City Lots – One (1) Time Per Month a. City Hall b. Parks: Veterans Freedom Park, Rollins Park, and Fitness Park c. Senior Center 4. Services shall include up to six (6) special events a year that will require sweeping beyond the schedule of service mentioned above. C.8.f Packet Pg. 274 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 5. Residentially zoned areas shall be swept between 6:00 am and 3:00 pm on Thursdays. Commercially zoned areas can be swept from 9:00 pm to 6:00 am. If any complaints arise from the sweeping times other than the 6:00 am to 3:00 pm times, the Contractor must work with the Public Works Department to resolve the issue to the City’s satisfaction. D. Description of Work (Residential – Alternative 2) 1. City of Grand Terrace (Residential) – Odd/Even Sweeping of Streets a. The current six (6) zone schedule (MAP) will be amended as needed to allow odd/even street sweeping of residential streets. This arrangement will allow affected homeowners to park their vehicles on the opposite side of the street (alternate side parking) on their designated street sweeping day. 2. All other items listed under “Description of Work” shall remain the same if Option 2 for residential street sweeping is chosen by the City. E. Special Requirements 1. The Contractor shall obtain a City of Grand Terrace business license 2. A GPS Navigation System with the ability to track the street sweeping activity and provide a monthly report of the streets serviced 3. Street sweeping services shall not exceed 8 mph on city streets F. Special Requirement (Optional) 1. Installation of license plate reader that can document cars in violation of street sweeping schedule 2. Provide weekly report and footage to the City or designees directed, of cars/licenses captured by the license plate reader in violation of street sweeping parking schedule G. Labor, Equipment and Materials 1. The Contractor shall use and furnish at his/her own expense all labor, equipment, and materials necessary for the satisfactory performance of the works set forth in this contract. 2. The operators shall be competent in all aspects of street sweeper operations. This includes knowledge of all operational aspects of the equipment used knowledge of the California Vehicle Code, knowledge of standard safety practices, and knowledge of notification procedures should the need arise to contact City personnel. 3. The primary equipment shall be of a recognized make and shall be kept in good and safe repair and not greater than 10-years old for either the chassis and/or the vacuum system. Semi-annual inspection of all equipment must be conducted with findings from those inspections to be submitted to the City in writing. H. Quality Control 1. Sweeping shall be done in a neat, orderly and professional manner. The street sweeper shall leave designated areas of sweeping free of dirt, litter, debris, obstructions, smears and visual dust in accordance with the City’s standards of cleanliness. 2. While sweeping shall normally consist of a single pass over an area, the Contractor shall make additional passes or such extra effort as may be required to adequately clean the street. Extra effort shall be required when sweeping equipment leaves a dirt/silt smear C.8.f Packet Pg. 275 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 in its pathway. Extra effort will be strictly enforced during and after windy conditions and storm weather. The cost of any extra effort shall be included in the contract cost. 3. Items that cannot be swept such as: tree limbs, palm fronds, rocks, trash and debris shall be removed from the sweeping path by the sweeping operator rather than going around it. Larger obstructions such as impaired vertical and/or horizontal clearance by tree limbs, construction or landscaping debris shall be immediately reported to the City when the location cannot be swept. 4. The City Manager or his/her designee shall be the sole judge of the quality of work. In the event that the results of a sweep are considered to be unsatisfactory, the City will notify the Contractor of exact location and description of deficiency. The Contractor shall re-sweep the unsatisfactory area at its own expense, and responses shall be completed within one (1) working day. 5. The Contractor must possess back-up capabilities for instances when sweeping cannot be completed on schedule due to mechanical failure. I. Emergency Sweeps 1. Occasional sweeping required by Contractor to include non-hazardous spills, accident clean-ups and unusual conditions, which would require after-hour, weekend and holiday responses. Response to emergency sweeps shall be within two (2) hours of notification by the City. Contractor shall provide City with name and phone number of contact person for after-hour emergency sweeps. J. Disposal 1. Contractor shall dispose of all refuse and debris collected from sweeping operations in the City’s Corporate Yard. The cost for disposal is not included in the contract cost. K. Sweeping Practices and Standards of Performance 1. Areas of Street – Areas of the street to be swept include curb lines along both sides of the roadway or to the edge of the pavement where no curb exists, along all curbs on raised medians, over all portions of painted median, painted left and right turn pockets, and all intersection turn pockets and arterial intersection center areas and dead spots are to be maintained on the same frequency as the median or intersection for which they are associated and included in the curb mile price. Curb returns (radii) at intersections of arterial and residential streets will be swept along their entire length and free of debris on scheduled arterial sweeping days. Excluded from areas to be swept are those that would cause damage to the equipment used. While Contractor is normally responsible for the 8’ strip (sweeper width), curb to curb sweeping, an additional width of street may need to be swept at some locations due to unforeseen circumstances and shall be included within the curb mile price. 2. Flow of Traffic – Sweeping shall be always accomplished in the same direction as traffic flow during sweeping 3. Warning Devices – Vehicles shall be equipped with top-mounted warning lights (rotating or beacon) visible for 360̊ or comparable traffic safety lights when sweeping. A rear- mounted left/right arrow stick shall be required for arterial and bike lane sweepers. 4. Sweeping Speed – Sweeping speed shall be adjusted to street and debris condition with a maximum speed of eight miles per hour (8 MPH). City streets swept while driver exceeds eight miles per hour (8 MPH) will be re-swept in their entirety at Contractor’s expense. In addition, a verbal warning will be given for the first violation. A written C.8.f Packet Pg. 276 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 01247.0006/750132.1 warning will be given for the second violation, and a “Failure to Perform” notice will be issued upon the third violation. 5. Notification of Non-sweeping – Contractor shall provide City representatives on a daily basis (when applicable) with list of all streets not swept when regular sweeping schedule is interrupted for any reason and shall deduct said street from the sweeping bill for that day/week. Contractor shall provide a list of streets that cannot be swept to the City by the end of the workday. The City shall notify the Contractor by phone on non-sweeping conditions due to inclement weather. The City’s notification will serve as a non-sweep day and will not be paid for by the City unless an alternative sweeping schedule is coordinated by the Contractor and is submitted to the City for approval. The daily rate will be calculated by the total annual cost divided by the number of service days. 6. Holidays and Potential Conflicts with the Waste and Recycling Contractor – Contractor will observe all City holidays and holidays observed by the City’s franchised waste hauler. Approved non-sweep days will not be paid for by the City unless an alternative sweeping schedule is coordinated by the Contractor and is submitted to the City for approval. The daily rate will be calculated by the total annual cost divided by the number of service days. Trash and recycling collection days will take priority over street sweeping days and cannot be both performed on the same day. Currently, Grand Terrace is serviced by Burrtec Waste Industries, Inc. on Monday, Tuesday, and Wednesday (Fridays for City parks). 7. Street sweeping does not include any portion of the I-215 freeway as seen in blue on map. L. Water 1. The Contractor shall obtain water for sweeping operations at points designated by the City. Necessary water shall be furnished at the expense of the City. C.8.f Packet Pg. 277 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) 5 MIC H I G A N AV E ST O N E W O O D DR . VI V E N D A AV . PA S C A L PA S C A L Palika Way RE E D AV E . REE D WIL L E T AV E . WIL L E T AV . MT VE R N O N MT VE R N O N AR L I S S DR . AR L I S S DR . HO L L Y DR . KIN G S TON ST OR I O L E AV E . TH A M ES KIN G F I S H E R AV E . CO U N T R Y CL U B LN . PA L M CT . PR E S T O N ST . PR E S T O N ST . CA N A R Y CT PA R A D I S E City of Grand Terrace Street Sweeping Schedule 2022 MAP NLY TO Secondary School Zone—sweep after 8:30 am BRENTWOODST. VIVIENDA WALNUT AV. ETON DR. 1 VICTORIA CARHART AV. NAN- McCLARRENMSTcC. BRITTON LIBRARY DINA PEACOCK WAY AND CIVIC ST. CT. CENTER PALM AVE. BARTON RD. F.S. HAMPTONCT. CENTER CITY CT. COMMERCE WAY JENSEN CT. LAPAIX ST. CNT. CITY CT. LA PAIX ST. DE DESOTO ST. DE SOTO ST. RENE LN. DE SOTO ST. SOTO ORANGEWOOD CT. DEBERRY ST. ST. DEBERRY ST. (END AT CUL-DE- DEBERRY ST. FULMAR DEBERRY ST. WREN ST. M ROLLINS WREN ST. (END AT CUL-DE-SAC) MAVIS ST. MAVIS PARK FINCHST. (END AT CUL-DE- SAC) CARDINALST. CARDINAL ST. VAN BUREN ST THRUSH ST. BLUEBIRD ST. VAN BUREN ST Zone PICO PARK LARK ST. KENTFIELD LARK ST. KENTFIELD FRANKLIN KENT- FRANKLIN ST. LAR KENTFIELDST. 1. First Thursday 2. First Thursday 3. Second Thursday 4. Third Thursday PICO ST. PICO ST. PICO ST. 6 5. Third Thursday TANAGER ST. MAIN ST. SWEEP NORTHSIDE ONLY FLAMINGO TANAGER RAVEN WAY LADERA LAD- MAIN ST. SWEEP NORTHSIDE ONLY FLAMINGO TANAGER ST. RAVEN WAY LADERA ST. FLAMINGO TANAGER ST. RAVEN WAY RAVEN WAY ROBIN WAY ROBIN WAY 6. Second Thursday All Streets in the city will be swept once per month based on the above schedule from 6:00 am to 3:00 pm - PLEASE MOVE ALL VEHICLES FROM THE STREET TERACE AVE. EAST SIDE O School Zone—sweep before 7 am City Hall, Pico Park, and Rollins Park parking lots are swept on the 3rd Thursday each month. City Hall lot swept at 7:00 a.m., Rollins Park & Pico Park following. Times at Rollins & Pico Park can change depending on school starting times. ONLY FROM ROSEDALE TO LITTON AVE. SOUTH SIDE LACADENA PALM AVE. SWEEP NORTH SIDE OF PALM AVE. ONLY (5 DIGIT ADDRESSESS) MAIN ST. SWEEP NORTHSIDE ONLY MAIN ST. SWEEP NORTH SIDE ONLY AND END AT 21582 MAIN ST. 3 E 2 FENCH ST. TH O M A S CT . TA Y L O R ST . RO Y A L AV E . GA R D E N CT. GA R D E N DI C K E N S CT. SA N D B U R G SA N D B U R G CT . MI C H I G A N AV E MI C H I G A N AV E VIV E N D A AV . PA S C A L PA S C A L PA S C A L AV . REE D RE E D AV E . MIR A D O AV E . MIR A D O AV . BR O W N I N G AV E . FR A N K L I N CT. WA R B L E R AV E . WILMAC FR A N K L I N WA Y DU T C H ST . CO N D O R CT . EA G L E CT . PR U I T T CT. MIK E TO D D CT. HO N E Y HI L L DR . E 4 C.8.f Packet Pg. 278 At t a c h m e n t : N o t i c e o f I n v i t i n g I n f o r m a l B i d s 1 1 - 3 0 - 2 1 ( A w a r d C o n t r a c t f o r S t r e e t S w e e p i n g S e r v i c e s ) AGENDA REPORT MEETING DATE: January 25, 2022 Council Item TITLE: Grant Selection for Replacement of Gasoline Powered Senior Bus PRESENTED BY: Shanita Tillman, RECOMMENDATION: Staff recommends that the City Council direct staff to proceed with the Volkswagen Mitigation Trust Fund, which was approved by Council on January 14, 2020, and direct staff to withdraw the City’s application for the Omnitrans Green Commuter Grant. BACKGROUND: Over the past few years, the City of Grand Terrace has pursued two grants (Volkswagen Environmental Mitigation Trust and Omnitrans/Green Commuter) to replace the Blue Mountain Silver Liner Bus. Currently the City operates one gasoline powered bus driven by one bus driver to transport seniors around the City. There was interest in replacing the existing bus with an electric powered bus, and the City pursued two separate and independent grants to obtain an electric bus. Both grants are available for execution and since both grants offer different benefits, have different costs, staff is requesting direction from City Council to proceed with one of the grants to replace the existing Senior Bus. The previous City Manager and Assistant City Manager applied for both grants separately. DISCUSSION: VW Mitigation Trust Fund Electric Bus Grant On January 14, 2020, (City Council Agenda Item H-8) the City Council was presented an agenda item to adopt a resolution approving the submittal of a grant application for the California Air Resources Board, Volkswagen Environmental Mitigation Trust for the Purchase of an Electric Bus for the Senior Transportation Program. This agenda item was approved, and the former City Manager Harold Duffey completed the application to replace the existing shuttle bus with an electric shuttle bus. The purpose of the grant was to mitigate excess nitrogen oxide emissions in communities and support advanced technology vehicle and equipment use and accelerate the zero-emission transformation of the heavy-duty fleet. C.9 Packet Pg. 279 The maximum grant award of $160,000 would allow the City to secure one new electric shuttle bus for the Senior Transportation Program. This grant does not provide a charger for the bus, but the current charging stations onsite would be compatible with the electric bus acquired, and also requires the City to scrap the existing bus. This VW grant does not include the cost of maintenance. Omnitrans/Green Commuter Grant and EVCS On March 23, 2021 staff presented to City Council an agenda item to approve a two year funding agreement between Omnitrans and the City of Grand Terrace with Measure I funds to provide for the City’s Senior Transportation Program. In an effort to support the Omnitrans Measure I RMP Program objectives, the City of Grand Terrace was awarded the lease of two zero emission vehicles. The two electric vehicles will be of service for the City Senior Transportation Program. Green Commuter- Sub Contractor This partnership entails the rental/lease of two GreenPower Electric Vehicles Star ADA rear lift vehicles that hold a capacity of 14 passengers and two wheelchairs. These vehicles would supplement the Senior Transportation Program’s existing fleet and requires of a monthly fee of $1,900 per vehicle for a total of $45,600. The vehicles are leased to the City for a two-year period and at the conclusion are returned to Green Commuter. Per agreement with Omnitrans, there will be two authorized bus drivers that will operate the electric vehicles. EVCS Site Host The City of Grand Terrace would enter into an agreement with EV Charging Solutions (EVCS) to install and operate two direct current fast charging stations that will be used to charge and/or recharge two GreenPower electric vehicle Star ADA Rear Lift vehicles. The funding of this partnership has been established through the Funding Agreement between the City of Grand Terrace and Omnitrans determining Measure I funds to provide for the City’s Senior Transportation program. Per the agreement the charging stations would be leased to the City for a 10-year period with the ability to renew for another 10 years at the conclusion of the initial term. The installation and operation of the two direct current fast charging stations are proposed to be placed at: • City of Grand Terrace - Corporate yard (22795 Barton Road) • City of Grand Terrace Senior Center Parking Lot (22627 Grand Terrace Road) EVCS will be responsible for the installation of the charging stations, including the C.9 Packet Pg. 280 installation of a separate electric meter as allowed by the City’s utility provider at the properties through which electrical charge will be tracked. Recommendation Staff recommends that the City proceed with the Volkswagen Mitigation Trust Fund, which was approved by Council on January 14, 2020, and withdraw the City’s application for the Omnitrans Green Commuter Grant, because the Volkswagen Mitigation Trust Fund would allow the City to maintain ownership of the shuttle bus while Omnitrans Green Commuter Grant only allows the City to lease the bus for a two year period and return at the conclusion. Fiscal Impact There is no fiscal impact to withdraw applications. APPROVALS: Shanita Tillman Completed 01/14/2022 4:02 PM Finance Completed 01/18/2022 4:42 PM City Attorney Completed 01/18/2022 6:10 PM City Manager Completed 01/19/2022 1:06 PM City Council Pending 01/25/2022 6:00 PM C.9 Packet Pg. 281 AGENDA REPORT MEETING DATE: January 25, 2022 Council Item TITLE: City of Grand Terrace Legislative Platform for Assemblymember Reyes and State Senator Leyva to Advance in California State Assembly and Senate PRESENTED BY: Konrad Bolowich, City Manager RECOMMENDATION: Approve City of Grand Terrace's Legislative Platform for 2022 and Authorize Staff to Forward the Platform to Assemblymember Eloise Reyes and State Senator Connie Leyva 2030 VISION STATEMENT: This staff report supports Goal #4 Develop and Implement Successful Partnerships: Working Collaboratively with Community Groups, Private and Public Sector Agencies to Facilitate the Delivery of Services Benefitting Youth, Seniors and Our Community, Work with Local, Regional and State Agencies to Secure Funding for Programs and Projects. BACKGROUND: The City Council annually reviews its legislative platform and forwards its requests to our state representatives in the State Senate and State Assembly. The primary purpose of the legislative platform is to advocate for resources to preserve and enhance the City’s quality of life. Once the Council approves the legislative platform, the City Clerk will forward the platform with cover letters to State Senator Leyva and Assemblymember Reyes’ office (Attachment I). The City Council and City Manager's office work closely with state and federally elected representatives, as well as with the League of California Cities (LOCC) and San Bernardino Council of Governments (SBCOG), to influence policy decisions that preserve local control and enhance local funding opportunities. DISCUSSION: The 2022-2023 Legislative Platform includes fewer requests and carryover from last year. In preparation of the legislative platform, staff identified the following nine categories: Hazard Mitigation Public Safety School Construction Recreation Internet Connectivity Transit Line Shelter Accessibility Rails to Trails Urban Farming C.10 Packet Pg. 282 The 2022-2023 legislative items are attached (Attachment II). Cal Cities has committed to address the top challenges California cities face on the state and federal level which include: • Secure funding to increase the supply and affordability of housing and reform state housing laws to retain local authority. • Attain investments to strengthen and sustain critical infrastructure. • Secure increased funding and resources to prevent homelessness and assist individuals experiencing homelessness • Strengthen disaster preparedness, resiliency, and recovery from climate change impacts through improved collaboration and resources. Cal Cities 2022 Strategic Advocacy Priorities are intended to be laser focused on those issues most critical for our cities and the residents we serve (Attachment III). Development of Legislative Priorities/Advocacy allows City Council members to understand the body’s legislative agenda and work closely with staff, Assemblymember Reyes’ and Senator Leyva’s offices. FISCAL IMPACT: While there is no general fund impact as a result of this staff report, if our Assemblymember or Senator are successful in moving forward the City’s Legislative Ideas, the City could receive significant revenues. ATTACHMENTS: • Attachment I - Letters to Assemblymember Reyes and Senator Leyva(PDF) • Attachment III - State Priorities 2022 (PDF) • Attachment II - COGT 2022-2023 Legislative Priorities (PDF) APPROVALS: Konrad Bolowich Completed 01/19/2022 3:20 PM City Manager Completed 01/19/2022 4:45 PM City Council Pending 01/25/2022 6:00 PM C.10 Packet Pg. 283 City of Grand Terrace, 22795 Barton Road, Grand Terrace, CA 92313 www.grandterrace-ca.gov 909-824-6621 January 26, 2022 VIA EMAIL daniel.peeden@asm.ca.gov Assemblymember Eloise Reyes District Office 290 North D Street, Suite 903 San Bernardino, CA 92401 Re: City of Grand Terrace 2022-2023 Legislative Priorities Dear Assembly Majority Leader Reyes: On January 25, 2022, during its regular City Council meeting, the Mayor and Council approved the City’s 2022-2023 State Legislative Advocacy Program. The Legislative Advocacy Program was developed to identify areas of importance to State representatives. This year’s Legislative Advocacy Ideas/Platform consists of five (5) items in the following areas: Hazard Mitigation Traffic Enforcement School Construction Recreation Internet Connectivity Transit Line Shelters Accessibility Rails to Trails Urban Farming The City Council directed the City Manager to forward the Legislative Advocacy platform to your office. Therefore, I have enclosed the City’s Legislative Agenda for 2022-2023, for your reference and consideration. If you have any questions or need additional information, please do not hesitate to contact our City Manager, Konrad Bolowich at (909) 824-6621 ext. 240 and he will be happy to assist you. Sincerely, Debra L. Thomas, CMC City Clerk cc: Konrad Bolowich, City Manager Encl: COGT 2022-2023 Legislative Priorities C.10.a Packet Pg. 284 At t a c h m e n t : A t t a c h m e n t I - L e t t e r s t o A s s e m b l y m e m b e r R e y e s a n d S e n a t o r L e y v a ( 2 0 2 2 - 2 0 2 3 L e g i s l a t i v e P l a t f o r m ) City of Grand Terrace, 22795 Barton Road, Grand Terrace, CA 92313 www.grandterrace-ca.gov 909-824-6621 January 26, 2022 VIA EMAIL Edgar.castelan@sen.ca.gov Senator Connie Leyva 464 W. 4th Street, Suite 454B San Bernardino, CA 92401 Re: City of Grand Terrace 2022-2023 Legislative Priorities Dear Senator Leyva: On January 25, 2022, during its regular City Council meeting, the Mayor and Council approved the City’s 2022-2023 State Legislative Advocacy Program. The Legislative Advocacy Program was developed to identify areas of importance to State representatives. This year’s Legislative Advocacy Ideas/Platform consists of five (5) items in the following areas: Hazard Mitigation Traffic Enforcement School Construction Recreation Internet Connectivity Transit Line Shelters Accessibility Rails to Trails Urban Farming The City Council directed the City Manager to forward the Legislative Advocacy platform to your office. Therefore, I have enclosed the City’s Legislative Agenda for 2022-2023, for your reference and consideration. If you have any questions or need additional information, please do not hesitate to contact our City Manager, Konrad Bolowich at (909) 824-6621 ext. 240 and he will be happy to assist you. Sincerely, Debra L. Thomas, CMC City Clerk cc: Konrad Bolowich, City Manager Encl: COGT 2022-2023 Legislative Priorities C.10.a Packet Pg. 285 At t a c h m e n t : A t t a c h m e n t I - L e t t e r s t o A s s e m b l y m e m b e r R e y e s a n d S e n a t o r L e y v a ( 2 0 2 2 - 2 0 2 3 L e g i s l a t i v e P l a t f o r m ) League of California Cities 2022 Action Agenda 1. Secure funding to increase the supply and affordability of housing and reform state housing laws to retain local authority. Secure adequate and sustainable funding for cities to increase construction of housing at all income levels, particularly affordable housing and workforce housing. Reform state housing laws to ensure cities retain local decision-making to meet the needs of their communities. 2. Attain investments to strengthen and sustain critical infrastructure. Advocate for policies that strengthen the conditions of local streets, highways, bridges, public transit, and broadband to improve workforce and economic development. Secure support for the modernization and expansion of the statewide water grid, including infrastructure, storage, and conveyance. Work with stakeholders to provide cities with access to the tools needed to ensure projects are delivered efficiently and cost-effectively to meet current and future needs. 3. Secure increased funding and resources to prevent homelessness and assist individuals experiencing homelessness. Secure additional ongoing, flexible resources to provide navigation assistance, emergency shelters, and permanent supportive housing. Enhance city and county coordination and strengthen partnerships with stakeholders to ensure adequate wraparound services are available for adults and youth at risk of, or already experiencing, homelessness in our communities, and effectively address mental health and substance use disorders. 4. Strengthen disaster preparedness, resiliency, and recovery from climate change impacts through improved collaboration and resources. Secure additional resources and support to mitigate the effects of climate change, including catastrophic wildfires, drought, and sea level rise. Promote collaboration with other city, state, and federal governments, to strengthen disaster preparedness, resiliency, and recovery. C.10.b Packet Pg. 286 At t a c h m e n t : A t t a c h m e n t I I I - S t a t e P r i o r i t i e s 2 0 2 2 ( 2 0 2 2 - 2 0 2 3 L e g i s l a t i v e P l a t f o r m ) 2022/2023 Legislative Priorities Category: Hazard Mitigation Program Cost Estimate: $3,700,000 Project: Support for Mt. Vernon Slope Stabilization Existing City Revenues: $580,000 PROJECT DESCRIPTION: The City of Grand Terrace submitted a Notice of Interest (NOI) for a Hazard Mitigation Grant from the California Emergency Management Agency. The City’s Local Hazard Mitigation Plan (LHMP) was approved by the State of California OES Office. In the LHMP the City identified the Mt. Vernon Slope as a significant hazard for the community. The Slope is not stable and the City fears that imminent failure will result in loss of life. It is estimated that stabilization of the Mt. Vernon Slope will cost approximately $3,700,000. The City originally planned to pay for the project with Redevelopment Bond proceeds. However, when RDA ended in 2012, the funds were frozen, therefore the City is unable to address this significant hazard within the community. The City was able to set aside approximately $600,000 in RDA bond proceeds to match a potential grant from OES. California Emergency Management Agency (CEMA) has determined that the Mt. Vernon Slope is an eligible project for Hazard Mitigation Grant funds. CAL-OES modified the City’s most recent application, breaking it down into a Planning/Design Grant for Phase I and Phase 2- construction. Staff is working with State OES to discuss future funding opportunities. The project should also be considered a regional infrastructure program because it is used by commuters of the cities of Colton and Grand Terrace, as well as counties of San Bernardino and Riverside. REQUEST: □ Letter of Support □ Amend Existing Legislation ☑ Propose Legislation □ Recommend Rule Change POTENTIAL STATE FUNDING SOURCE(S) The City’s Local Hazard Mitigation Plan, adopted by the City Council on July 24, 2018, and approved by FEMA, on August 3, 2018, allows Grand Terrace to compete for grants from any Federal disaster grant program. The Federal grant programs from FEMA are administered through Cal OES. In addition, staff recommends, Grand Terrace, Colton and Riverside County ask for an earmark in the 2022-23 State Budget, as constituents from those jurisdictions continuously travel along the potentially hazardous road segment. EXISTING LEGISLATION: The League of California Cities 2019 strategic goals include an item to improve disaster preparedness, recovery, and climate resiliency. If additional funding is awarded in these areas, Grand Terrace’s Hazard Mitigation Plan should allow Grand Terrace to compete for funds. POTENTIAL PARTNERSHIP: The City of Grand Terrace has also solicited support from the City of Colton. The City will also reach out to local utilities that would also be impacted if Mt. Vernon slope experienced a failure. C.10.c Packet Pg. 287 At t a c h m e n t : A t t a c h m e n t I I - C O G T 2 0 2 2 - 2 0 2 3 L e g i s l a t i v e P r i o r i t i e s ( 2 0 2 2 - 2 0 2 3 L e g i s l a t i v e P l a t f o r m ) 2022/2023 Legislative Priorities Category: School Construction Program Cost Estimate: $34,000,000 Project: Support Legislation to provide priority funding of Proposition 51 Funds (Public Schools Bond Act of 2016) to schools that are on environmentally compromised sites, adjacent to freeways and major intersections. Existing Project Revenues: $10,000,000 PROJECT DESCRIPTION: Grand Terrace Elementary School is located next to the I-215 Interchange. The school is adjacent to Barton Road, to the south and east of interstate 215. The Colton Joint Unified School District would like to relocate the school to land it owns on Michigan and Main Street. The current school site has an estimated commercial value of approximately $10,000,000. The estimated costs to build a new school is approximately $34,000,000. The City would like to partner with the School District, as relocating the school will generate new property tax and sales tax on the current school site. The school site is identified in the California Enviro Screen in a Disadvantaged Community and is in the New Market Tax Credit Zone Area. Cap-and-trade proceeds could also be used to help facilitate the schools move. More than 30 years ago, the school district tested and found very low levels of lead in the soil. REQUEST: □ Propose Legislation ☑ Amend Existing Legislation □ Letter of Support ☑ Recommend Rule Change POTENTIAL STATE FUNDING SOURCE(S) Over $6,000,000,000 is available in Prop 51 Funding for new construction or modernization of schools. EXISTING LEGISLATION: Prop 51. POTENTIAL PARTNERSHIP: The School Facilities Planning Division (SFPD) is the responsible administrative arm of the Office of School Construction. They review all sites and approve. Some of the notable reasons that they will deny a school site are proximity to airports and freeways. C.10.c Packet Pg. 288 At t a c h m e n t : A t t a c h m e n t I I - C O G T 2 0 2 2 - 2 0 2 3 L e g i s l a t i v e P r i o r i t i e s ( 2 0 2 2 - 2 0 2 3 L e g i s l a t i v e P l a t f o r m ) 2022/2023 Legislative Priorities Category: Rails to Trails Program Cost Estimate: $3,000,000 Project: Urban Greening Grants Existing City Revenues: PROJECT DESCRIPTION: The City of Grand Terrace urge the Assembly Member and Senator representing the City of Grant Terrace to work with California Resource Agency and introduce legislation to support Grants for California Rails to Trails. The Santa Ana River Trail runs along the northern portion of the City of Grand Terrace. Abandoned Railroad sections could easily be used by commuters and recreational cyclist to Access the Santa Ana River Trail. The City would like to rejuvenate the area and turn the abandoned rail line into safe and convenient access to the Santa Ana Rivers Trail. The conversion of abandoned rail, eliminates vehicle, bike and pedestrian conflicts and increases the probability that more people will be comfortable biking and jogging. The movement of goods and services are an important part of the California Economy, Abandon rail lines were a part of the important infrastructure. However, automation and intermodal transportation continuously expands and contracts, eliminating service needs in one area and expanding in other areas. The abandon rail lines in Grand Terrace are a result of our nation’s transportation infrastructure. Transportation companies and oversight agencies should be accountable for transitioning rail lines from transportation infrastructure to usable community spaces. REQUEST: □ Propose Legislation ☑ Amend Existing Legislation □ Letter of Support ☑ Recommend Rule Change POTENTIAL STATE FUNDING SOURCE(S) Urban Greening Grant EXISTING LEGISLATION: POTENTIAL PARTNERSHIP: Rails to Trails Conservancy C.10.c Packet Pg. 289 At t a c h m e n t : A t t a c h m e n t I I - C O G T 2 0 2 2 - 2 0 2 3 L e g i s l a t i v e P r i o r i t i e s ( 2 0 2 2 - 2 0 2 3 L e g i s l a t i v e P l a t f o r m ) 2022/2023 Legislative Priorities Category: Program Cost Estimate: $175,000 Project: Neighborhood Watch and ALPR Camera Program Existing City Revenues: PROJECT DESCRIPTION: The City of Grand Terrace deployed an ALPR Camera System and a passive camera system throughout the main corridors of the City. The system is very effective and allowed the Sheriff to solve a significant number of crimes. However, the system does have a few gaps and the City seeks funding to fully form a virtual net around the City, with an ability to read every license plate entering and exiting the City limits. In addition, the City would like to enhance its Neighborhood Watch Program by offering resources to local neighborhood groups to show support for the program. The City would increase the visibility of its neighborhood watch program from the purchase of new signs, window decals and booklets. REQUEST: □ Propose Legislation □ Amend Existing Legislation ☑ Earmark in 2020-21 State Budget □ Recommend Rule Change POTENTIAL STATE FUNDING SOURCE(S) Staff will send Assembly Person Reyes a detailed expenditure request for cameras, signs and other materials needed to support and build a safe community built on efficiency and volunteerism. EXISTING LEGISLATION: POTENTIAL PARTNERSHIP: San Bernardino County Sheriff’s Department C.10.c Packet Pg. 290 At t a c h m e n t : A t t a c h m e n t I I - C O G T 2 0 2 2 - 2 0 2 3 L e g i s l a t i v e P r i o r i t i e s ( 2 0 2 2 - 2 0 2 3 L e g i s l a t i v e P l a t f o r m ) 2022/2023 Legislative Priorities Category: Hazard Mitigation Program Cost Estimate: $2,000,000 Project: Storm Water Infrastructure to Recharge Ground Water Existing City Revenues: PROJECT DESCRIPTION: Although nearly the entire City of Grand Terrace is in the 500-Year flood zone, which means there is a 0.2- percent-annual-chance of flooding and the northwestern most part of the City, located in the Santa Ana River Floodplain, is in a 100-Year flood zone. This means there is a 1-percent annual chance of flooding in this area, yet the City identified flooding within its Hazard Mitigation Plan? Flooding is a significant issue because In Grand Terrace water is conveyed from the Blue Mountain in the East downstream via street flows. The natural and manmade topography, mountains to the east with residential neighborhoods adorning long impervious streets with “12 curbs to propel rainfall and runoff to the west end of the city. Main, Pico, Van Buren, and De Berry streets touch the edge of the Blue Mountain and lead to the west end of the city. Properties adjacent to these Streets may be subject to damage during storm events. Winter storms in the past have caused gutters to overflow City streets on to private property. Properties adjacent to the storm channels have been damaged and road closures have taken place. The actual drainage facilities that do exist in the City of Grand Terrace consist primarily of reinforced concrete pipes (RCP) and trapezoidal channels. During significant storm events, the water flows are so great, the storm water infiltrates and contaminates the City of Riverside’s Public Utility freshwater systems. While storm water runoff management practices historically tried to control pollutants and limit property damage, current regulatory decisions emphasize holistic strategies that focus on storm water as a resource, newer low impact development and green infrastructure techniques are now capitalizing on opportunities to capture storm water runoff and use it for local landscape and agricultural irrigation, and groundwater recharge. REQUEST: ☑ Earmark in 2022-23 State Budget ☑ Letter of Support for CWSRF POTENTIAL STATE FUNDING SOURCE(S) Proposition 1 provides $200 million in grant funding for multi-benefit projects that utilize storm water as a resource, often while improving water quality. The State Water Board also makes loan funding available through the Clean Water State Revolving Fund (CWSRF) loan program. The State Water Board continues to promote projects that convert storm water and dry weather runoff to a valuable water supply through its funding program. Eligible project types include projects that recharge groundwater aquifers with captured storm water, reuse storm water for domestic or municipal purposes, treat storm water to remove pollutants, support watershed processes, and beautify communities through creation of habitat and green spaces. The City can partner with Riverside Public Utilities EXISTING LEGISLATION: C.10.c Packet Pg. 291 At t a c h m e n t : A t t a c h m e n t I I - C O G T 2 0 2 2 - 2 0 2 3 L e g i s l a t i v e P r i o r i t i e s ( 2 0 2 2 - 2 0 2 3 L e g i s l a t i v e P l a t f o r m ) AGENDA REPORT MEETING DATE: January 25, 2022 Council Item TITLE: Consideration and Possible Action to Adopt an Urgency Ordinance Establishing Objective Standards for Implementation of Senate Bill No. 9 Pertaining to Urban Lot Splits and Two-Unit Developments PRESENTED BY: Haide Aguirre, Associate Planner RECOMMENDATION: (1) Direct the City Attorney to read the title of the ordinance entitled “An Urgency Ordinance Of The City Council Of The City Of Grand Terrace Establishing Regulations For Urban Lot Splits And Two-Unit Developments In Accordance With Senate Bill 9”, waive further reading, and introduce the Ordinance on a roll call vote; and (2) Initiate regular code amendment proceedings to amend Title 17 (Subdivisions) and Title 18 (Zoning) of the Grand Terrace Municipal Code to establish regulations for urban lot splits and two-unit developments, and to revise the City’s regulations of accessory dwelling units (Chapter 18.69). 2030 VISION STATEMENT: This staff report supports City Council Goal #3, to “Promote Economic Development” by updating zoning and development code in preparation for future development, and promoting 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: Senate Bill No. 9 (SB 9) became effective on January 1, 2022. This bill requires the approval of up to two primary dwelling units per parcel in single-family residential zones, where previously only one primary dwelling unit would have been permitted. This is in addition to permitting accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), in some cases. Additionally, SB 9 requires the approval of lot splits in single-family residential zones and allows up to two units to be built on each resulting parcel. SB 9 allows cities to establish objective standards to govern these units and lots splits, as long as they do not conflict with state law. Given the January 1, 2022, implementation date of SB 9, staff recommend adopting an G.11 Packet Pg. 292 urgency ordinance in order to establish objective standards to govern SB 9 units and lot splits as soon as possible. If adopted, an urgency ordinance would go into effect immediately. Staff has prepared a draft urgency ordinance, discussed in more detail below. As a precaution, staff also recommend initiating a regular code amendment, which would first be reviewed by the Planning Commission and would then be considered by the City Council through the normal process with a first and second reading. Staff also recommend that this regular code amendment include amendments to the City’s accessory dwelling unit ordinance (Chapter 18.69 of the municipal code) to make these regulations consistent with recent changes to state law and to clarify how these units related to units developed under SB 9. The draft ordinance is attached as Attachment A. DISCUSSION: SB 9 has two primary effects on City land use regulations. First, it requires cities to permit up to two primary residences on each parcel in single-family residential zones, where previously only one primary residence would be allowed. When combined with ADUs and JADUs, this means that a parcel in a single-family residential zone could have up to 4 dwelling units, if it was not created through an SB 9 lot split. Second, SB 9 requires cities to permit owners of single-family residential lots to split their lots in half and create two separate smaller parcels, even if the resulting lots are smaller than the minimum lot size otherwise allowed. New lots resulting from an SB 9 lot split may only have up to two units on them, inclusive of ADUs and JADUs. The following general requirements also apply and are included in the ordinance: • SB 9 only applies in single-family residential zones, which, in Grand Terrace, includes the RH, R1-20, R1-10, and R1-7.2 zones; • SB 9 does not apply to parcels that are located in or on certain kinds of protected farmland; wetlands; high fire severity zones (subject to some exceptions); hazardous waste sites; earthquake fault zones; flood hazard areas; habitat for protected species; or land under a conservation easement; • SB 9 does not apply to land located in a historic district; and • A city may deny a proposed SB 9 development project or lot split if the building official makes a written finding based upon a preponderance of the evidence, that the proposed project would have a specific adverse impact (as defined) upon public health and safety or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. The ordinance includes the following additional requirements for second units and two- G.11 Packet Pg. 293 unit developments: • Units developed under SB 9 may be no larger than 800 square feet and 16 feet in height; • Except as specifically stated in the ordinance, standards applicable to the primary dwelling on the parcel apply unless they would prevent the construction of up to two units that are 800 square feet each; • Developments are not allowed if they would result in the demolition or alteration of existing affordable or rental housing; • One off-street parking space is required per SB 9 unit, with some exceptions; • Units developed under SB 9 cannot be used as short-term rentals (less than 31 days); • No setback beyond the existing setback is required for an existing structure or for a unit constructed in the same location and to the same dimensions as an existing structure. In all other circumstances, second units, and both units of a two-unit development, must be set back at least 4 feet from the side and rear lot lines; • Inspection of existing sewer lines or septic tanks (if applicable) is required to ensure adequate capacity for all units; • Units developed under SB 9 that are rented may only be rented to lower- income households at an affordable rent for a minimum of 55 years; and • Applications for SB 9 units will be reviewed administratively through the administrative site and architectural review process. • The ordinance also includes following specific requirements for lot splits: • No lot resulting from an urban lot split shall be smaller than 1,200 square feet; • Neither resulting parcel shall be smaller than 40% of the lot area of the original parcel proposed for subdivision; • No more than two units are permitted on any parcel created by an SB 9 lot split, including accessory dwelling units; • Easements must be dedicated for the provision of public services and facilities; • Each resulting parcel must have access to or adjoin the public right-of- G.11 Packet Pg. 294 way; • The parcel that will be split may only have residential uses on it and must have at least one residence on it (no splits of vacant lots), and only residential uses are allowed on parcels resulting from SB 9 lot splits; • The owner of the parcel being subdivided must sign an affidavit stating their intention to live in a residence on one of the resulting parcels for three years beginning on the date that the lot split is approved; and • Urban lot splits must comply with all other requirements for lot splits under the municipal code unless they conflict with the specific requirements in the ordinance. Finally, as previously stated, in addition to adopting the proposed ordinance, staff recommend initiating a regular code amendment process to adopt the same regulations included in the urgency ordinance and to update the City’s accessory dwelling unit regulations. If initiated, regular code amendment proceedings will begin with the Planning Commission, which will then forward a recommendation to the City Council. FISCAL IMPACT: There will be no expenditure on the part of the City to adopt this ordinance. The cost to administer this ordinance is currently unknown, but such costs will be recovered, at least in part, through application fees. ENVIRONMENTAL REVIEW: The proposed ordinance is not a “project” for purposes of California Environmental Quality Act (CEQA) pursuant to Government Code Sections 65852.21(j) and 66411.7(n), and therefore does not require any environmental review under CEQA. ATTACHMENTS: 1. Ordinance No. ___-U ATTACHMENTS: • SB 9 Ordinance_Grand Terrace_1.18.2022 (DOCX) APPROVALS: Haide Aguirre Completed 01/19/2022 3:18 PM Finance Completed 01/19/2022 4:03 PM City Attorney Completed 01/19/2022 4:40 PM City Manager Completed 01/19/2022 4:46 PM G.11 Packet Pg. 295 City Council Pending 01/25/2022 6:00 PM G.11 Packet Pg. 296 01247.0005/757496.4 1 ORDINANCE NO. ___-U AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ESTABLISHING REGULATIONS FOR URBAN LOT SPLITS AND TWO-UNIT DEVELOPMENTS IN ACCORDANCE WITH SENATE BILL 9 WHEREAS, on September 16, 2021, the Governor signed into law Senate Bill 9 (SB 9). This bill requires the ministerial approval of two dwelling units per parcel in single-family residential zones, where previously only one primary dwelling unit would have been permitted, and requires ministerial approval of lot splits in single-family residential zones and allows two units to be built on each resulting parcel; and WHEREAS, SB 9 took effect on January 1, 2022, and it is therefore necessary for the City to establish objective standards regarding housing developments and lot splits authorized by SB 9 as soon as possible; and WHEREAS, the City Council desires to establish objective standards governing units and lots splits authorized by SB 9 to preserve the City’s character and quality of life as characterized by the City’s General Plan; and WHEREAS, pursuant to Government Code Section 36937, subdivision (b), any ordinance for the immediate preservation of the public peace, health, or safety, containing a declaration of the facts constituting the urgency, that is passed by a four-fifths (4/5) vote of the City Council, shall take effect immediately upon its adoption; and WHEREAS, the City Council seeks and intends to protect the health, safety, and welfare of the residents of the City of Grand Terrace by establishing regulations for urban lot splits and two-unit developments in single family residential zones, as further described herein. NOW THEREFORE, the City Council of the City of Grand Terrace does hereby ordain as follows: SECTION 1. Recitals. The above recitals are incorporated by reference. SECTION 2. Urgency Findings. A. SB 9 requires the ministerial approval of two dwelling units per parcel in single- family residential zones, where previously only one primary dwelling unit would have been permitted, in addition to accessory dwelling units and junior accessory dwelling units, in some cases. B. Additionally, SB 9 requires ministerial approval of lot splits in single-family residential zones and allows two units to be built on each resulting parcel. C. This bill has the potential to dramatically increase the density and population of single-family zones, potentially placing a strain on public resources and the infrastructure that serves these zoning districts. G.11.a Packet Pg. 297 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 1 . 1 8 . 2 0 2 2 ( U r g e n c y O r d i n a n c e S B 9 ) 01247.0005/757496.4 2 D. Moreover, SB 9 continues a pattern of state action that deprives cities of control over issues of fundamental local concern and traditional local control, namely, the character and quality of residential neighborhoods and the ability to control and plan for the uses of land in the City. E. SB 9 took effect on January 1, 2022, and it is therefore necessary for the City to establish objective standards regarding the housing developments and lot splits that the City will now be required to permit, and to ensure that such regulations take effect as soon as possible, so as to protect and provide for the welfare of the local community. SECTION 3. CEQA. The City Council finds and determines that these ordinance amendments are not a “project” for purposes of California Environmental Quality Act (CEQA) pursuant to Government Code Sections 65852.21(j) and 66411.7(n), and therefore do not require any environmental review under CEQA. SECTION 4. Section 17.04.040, subjection H, of the Grand Terrace Municipal Code is hereby amended as follows with the remainder of Section 17.04.040 remaining unchanged (deletions in bold strikethrough; additions in bold italics): H. The construction, financing or leasing of dwelling units pursuant to California Government Code Section 65852.1 or second accessory dwelling units pursuant to California Government Code Section 65852.2; but this Title shall apply to the sale or transfer, but not the leasing of those units; SECTION 5. Table 17.04.050 (Review, approval and appeal body) is hereby amended as follows (additions in bold italics): Table 17.04.050 Review, approval and appeal body TYPE OF ACTION REVIEW BODY APPROVAL BODY APPEAL BODY Tentative maps Planning Commission City Council N/A Vesting tentative maps Planning Commission City Council N/A Tentative parcel maps Planning Commission City Council N/A Tentative map extensions City staff and other responsible agencies Director Planning Commission Parcel maps (4 or less lots) City staff and other responsible agencies City Council N/A Final maps (5 or more lots) City staff and other responsible agencies City Council N/A Waivers of parcel maps City staff and other responsible agencies City Engineer Planning Commission G.11.a Packet Pg. 298 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 1 . 1 8 . 2 0 2 2 ( U r g e n c y O r d i n a n c e S B 9 ) 01247.0005/757496.4 3 Urban Lot Splits City staff and other responsible agencies City Engineer Planning Commission Reversion to acreage Planning Commission City Council N/A Lot and parcel mergers City staff and other responsible agencies Director Planning Commission Lot line adjustments City staff and other responsible agencies Director Planning Commission Certificate of Compliance City staff and other responsible agencies City Engineer Planning Commission SECTION 6. Section 17.08.020 of the Grand Terrace Municipal Code is hereby amended to add a definition of “Urban lot split” as follows, with all other definitions in Section 17.08.020, except those shown below, remaining unchanged (deletions in bold strikethrough; additions in bold italics): GG. “Urban lot split” shall mean the division of a single parcel into two separate parcels in compliance with the provisions of Chapter 17.30 (Urban Lot Splits). GG. HH. “Vesting tentative map” shall mean a tentative map prepared in accordance with the provisions of this Title that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed. HH. II. “Zoning code” shall mean Title 18 of the Grand Terrace Municipal Code, including all text and maps, as it may be amended from time to time. SECTION 7. Chapter 17.30 (Urban Lot Splits) is hereby added to the Grand Terrace Municipal Code and shall read as follows (additions in bold italics): Chapter 17.30 - URBAN LOT SPLITS 17.30.010 - Purpose. The purpose of this chapter is to establish procedures and standards for urban lot splits in accordance with the requirements of Government Code Section 66411.7. 17.30.020 - Ministerial review; standard for denial. A. Notwithstanding any other provision of this code, an application for an urban lot split shall be considered ministerially, without discretionary review or a hearing, and shall be approved if it meets all of the requirements of this chapter. G.11.a Packet Pg. 299 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 1 . 1 8 . 2 0 2 2 ( U r g e n c y O r d i n a n c e S B 9 ) 01247.0005/757496.4 4 B. An application for an urban lot split shall be approved or denied by the City Engineer, and the decision may be appealed in accordance with Section 17.16.150. C. Notwithstanding subsection A, the City may deny an application for an urban lot split if the building official, or designee, makes a written finding, based upon a preponderance of the evidence, that the proposed urban lot split would have a specific, adverse impact, as defined in subsection (d)(2) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. 17.30.030 - Parcel requirements. The parcel that is proposed for subdivision through an urban lot split: A. Shall be located in an RH, R1-20, R1-10, or R1-7.2 zoning district; B. Shall have at least one residential dwelling unit located on it on the date that the urban lot split is approved; C. Shall only have residential uses located on it on the date the urban lot split is approved; D. Shall satisfy all the requirements of subsections (a)(6)(B) through (a)(6)(K), inclusive, of Government Code Section 65913.4; E. Shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a City or county landmark or historic property or district pursuant to a City or county ordinance; F. Shall not have been created through a previous urban lot split; and G. Shall not be adjacent to a parcel that was previously subdivided through an urban lot split by the owner of the parcel on which the urban lot split is proposed or any person acting in concert with the owner. 17.30.040 - Additional requirements. A. An urban lot split shall subdivide an existing parcel to create no more than two new parcels of approximately equal lot area, provided that: G.11.a Packet Pg. 300 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 1 . 1 8 . 2 0 2 2 ( U r g e n c y O r d i n a n c e S B 9 ) 01247.0005/757496.4 5 1. Neither resulting parcel shall be smaller than 40 percent of the lot area of the original parcel proposed for subdivision; and 2. Neither resulting parcel shall be smaller than 1,200 square feet. B. An urban lot split shall not result in the creation of a parcel with more than two existing units, as defined in Section 17.30.060. C. An urban lot split shall not require or allow the demolition or alteration of any of the following types of housing: 1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. 2. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. 3. A parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. 4. Housing that has been occupied by a tenant in the last three years. D. As a condition of approval for an urban lot split, the applicant and owner (if different from the applicant) shall sign an affidavit, in a form approved by the City Attorney, stating that: 1. The proposed urban lot split will not violate the requirements of subsection C of this section; 2. Neither the owner nor applicant, nor any person acting in concert with the owner or applicant, has previously subdivided an adjacent parcel using an urban lot split; and 3. The applicant intends to occupy a residential dwelling unit on one of the parcels created by the urban lot split as their primary residence for a minimum of three years from the date of the approval of the urban lot split. This subsection D.3 shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a G.11.a Packet Pg. 301 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 1 . 1 8 . 2 0 2 2 ( U r g e n c y O r d i n a n c e S B 9 ) 01247.0005/757496.4 6 “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code. E. As a condition of approval of an urban lot split, the owner shall dedicate all easements over the resulting parcels required for the provision of public services and facilities, as determined by the City Engineer. F. Each parcel resulting from an urban lot split shall have access to or adjoin the public right-of-way, and, if necessary, provide the other parcel with access to the right-of-way through an easement. G. The City shall not require as a condition of approval of an urban lot split: 1. Dedications of rights-of-way or the construction of offsite improvements; or 2. The correction of non-conforming zoning conditions existing on the parcel that will be divided. H. An urban lot split: 1. Shall conform with all the requirements of the Subdivision Map Act; and 2. Shall conform with all the requirements applicable to lot splits under this code, except for those requirements that conflict with the requirements of this chapter, in which case the provisions of this chapter shall control. 17.30.050 - Limitations applicable to new parcels. A. Parcels created by an urban lot split shall only be used for residential uses, notwithstanding the fact that other uses may be permitted in the zoning district in which the parcels are located. B. Residential units constructed on parcels created by an urban lot split shall not be rented for a term of less than thirty-one (31) consecutive days. 17.30.060 - Limitation on number of units. Notwithstanding any other provision of this code, no more than two units are permitted on any parcel created by an urban lot split. For the purposes of this section, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit or units created pursuant to Chapter 18.65 (Second Units and Two-Unit Developments), an accessory dwelling unit, or a junior accessory dwelling unit. G.11.a Packet Pg. 302 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 1 . 1 8 . 2 0 2 2 ( U r g e n c y O r d i n a n c e S B 9 ) 01247.0005/757496.4 7 SECTION 8. Section 18.06.017 (Accessory dwelling unit) is hereby added to the Grand Terrace Municipal Code and shall read as follows (additions in bold italics): 18.06.017 - Accessory dwelling unit. “Accessory dwelling unit” means an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel that the single-family dwelling is situated. An accessory dwelling unit includes (1) an efficiency unit, as defined in Health and Safety Code Section 17958.1, and (2) a manufactured home, as defined in Health and Safety Code Section 18007. This definition shall be interpreted as consistent with the definition for “accessory dwelling unit” in Government Code Section 65852.2. SECTION 9. Section 18.06.018 (Accessory dwelling unit, junior) is hereby added to the Grand Terrace Municipal Code and shall read as follows (additions in bold italics): 18.06.018 - Accessory dwelling unit, junior. “Junior accessory dwelling unit” means a residential dwelling unit that is no more than 500 feet in size and is contained within a single-family residence. This definition shall be interpreted as consistent with the definition for “junior accessory dwelling unit” in Government Code Section 65852.22. SECTION 10. Section 18.06.020 (Accessory structure) is hereby renumbered to Section 18.06.025, and Section 18.06.025 (Accessory living quarters) is hereby renumbered to Section 18.06.020, so as to put these two definitions in alphabetical order. SECTION 11. Section 18.06.082 (Accessory dwelling unit) is hereby deleted in its entirety. SECTION 12. Section 18.06.083 (Single-family detached) is hereby deleted in its entirety. SECTION 13. Section 18.06.246 (Dwelling, single-family detached) is hereby added to the Grand Terrace Municipal Code and shall read as follows (additions in bold italics): 18.06.246 - Dwelling, single-family detached. “Single-family detached dwelling” means one residential structure containing no more than one dwelling and complying with a minimum living area requirement of one thousand three hundred fifty square feet. It shall also be known as a full sized single-family unit or single-family dwelling. SECTION 14. Section 18.06.683 (Second unit) is hereby added to the Grand Terrace Municipal Code and shall read as follows (additions in bold italics): 18.06.683 - Second unit. G.11.a Packet Pg. 303 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 1 . 1 8 . 2 0 2 2 ( U r g e n c y O r d i n a n c e S B 9 ) 01247.0005/757496.4 8 “Second unit” means a second residential dwelling unit, other than an accessory dwelling unit or junior accessory dwelling unit, on a parcel with one and only one existing residential unit that is not an accessory dwelling unit or junior accessory dwelling unit. SECTION 15. Section 18.06.929 (Two-unit development) is hereby added to the Grand Terrace Municipal Code and shall read as follows (additions in bold italics): 18.06.929 - Two-unit development. “Two-unit development” means the simultaneous development of two new residential dwelling units on a parcel with no existing residential dwelling units other than an accessory dwelling unit. SECTION 16. Table 18.10.030 of the Grand Terrace Municipal Code shall be amended, a new footnote (e) shall be added to multiple uses under “Other Uses,” footnote (e) shall be amended, and a new footnote (g) shall be added, as follows (deletions in bold strikethrough; additions in bold italics): TABLE 18.10.030 LAND USE REGULATIONS Permitted Uses RH R1- 20 R1- 10 R1- 7.2 R2 R3 R3- S R3- 20/R3- 24 A. Residential Uses Single-Family (Detached), Full Sized P P P P Pa Pb - - Second Units (Subject to Chapter 17.30 and 18.65) Pg Pg Pg Pg - - - - Two-Unit Developments (Subject to Chapter 17.30 and 18.65) Pg Pg Pg Pg - - - - Single-Family (Attached) (Duplexes, Triplexes, and Fourplexes) - - - - P P - P Multiple Family Units - - - - P P - P Manufactured Housing (As Permitted Per Chapter 18.66) P P P P P P - - Mobile Home Park - - - - C C - - Senior Citizen Housing Pd P B. Residential Accessory Structures Accessory Structure P P P P P P Pd P Second-Family Unite (As Permitted Per Chapter 18.63) P P P P P P - - Accessory Dwelling Unit (Subject to Chapter 17.30 and 18.69) P P P P P P P P Junior Accessory Dwelling Unit (Subject to Chapter 17.30 and 18.69) P P P P P P - - Guest House C C C C C C - - Private Garage P P P P P P - P Private Swimming Pool P P P P P P Pd P Home occupation (As Permitted Per Chapter 5.06) P P P P P P Pd P Keeping of Cats and Dogs (Maximum of Two Each) P P P P P P Pd P Other Accessory Uses (As Approved by the Planning Director) P P P P P P Pd P C. Other Uses Churches (Minimum Three-Acre Parcel)e C C C C C C - - Schools (Private and Parochial)e C C C C C C - - Public Park and Playgrounde P P P P P P - - G.11.a Packet Pg. 304 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 1 . 1 8 . 2 0 2 2 ( U r g e n c y O r d i n a n c e S B 9 ) 01247.0005/757496.4 9 Public Facilities (And Quasi- Public)e C C C C C C - - Family Day Care (Eight or Less Children)e P P P P P P - - Family Day Care Center (Nine or More Children)e C C C C C C - - Residential Care Facility (Six or Less Persons) P P P P P P P P Residential Care Facility (Seven or More Persons)f C C - - Single Room Occupancy C C - - Utility or Service Facilitye C C C C C C - - Outdoor Recreation Facilitye C C C C C C - - D. Temporary uses Temporary Uses (As approved by Planning Director) P P P P P P Pd P Temporary Trailers (As Approved by Planning Director) P P P P P P Pd P Footnotes: a. A second single-family detached unit (full-sized single-family detached dwelling) shall be permitted in the R2 zone provided that the lot or parcel in question meets the minimum area requirement for the R2 zone and that said lot or parcel is developed with no more than one single-family detached dwelling. A site and architectural review application for the second-family detached unit in accordance with Chapter 18.63 of the Zoning Code shall be required to be approved prior to the issuance of building permits. In addition, all development standards of the underlying zone must be adhered to; and any division in ownership among the structures on the lot or parcel in question shall conform to the subdivision laws of the state and city. b. A second-family detached unit (full sized single-family detached dwelling) shall be permitted in the R3 zone provided that the lot or parcel in question meets the minimum area requirements for the R3 zone and that said lot or parcel is developed with no more than one single-family detached dwelling. A site and architectural review application for the second-family detached unit in accordance with Chapter 18.63 of the Zoning Code shall be required to be approved prior to the issuance of building permits. In addition, all development standards of the underlying zone must be adhered to; and any division in ownership among the structures on the lot or parcel in question shall conform to the subdivision laws of the state and city. c. "P" stands for "Permitted Use" where the use is permitted by right; and "C" stands for "Conditional Use" where the use requires a conditional use permit. d. Senior citizen housing is allowed in the R3-S up to a maximum density of twenty unit/acre. A specific plan will be required for all senior citizen housing projects in this zone. Some accessory and temporary uses as indicated will be allowed in the R3-S zone with the approval of the Community Development Director. e. Subject to administrative site and architectural review. Notwithstanding anything indicating otherwise in this Table, this use is prohibited on a parcel that was created by an urban lot split, pursuant to Section 17.30.050. f. Subject to administrative conditional use permit. g. Notwithstanding anything indicating otherwise in this Table, this use shall be prohibited if the finding of a specific, adverse impact is made in accordance with Section 18.65.020(C). G.11.a Packet Pg. 305 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 1 . 1 8 . 2 0 2 2 ( U r g e n c y O r d i n a n c e S B 9 ) 01247.0005/757496.4 10 SECTION 17. Chapter 18.63.020 of the Grand Terrace Municipal Code is hereby amended as follows (additions in bold italics): C. Administrative Site and Architectural Review Application. The purpose of this application is to allow staff level review of projects of medium scale and impact without the need for a public hearing, related costs and noticing procedures. The following items may be approved by the Planning Director without going to the Site and Architectural Review Board. However, the plans must be routed to all reviewing agencies and notices shall be mailed to adjacent property owners requesting comments within two weeks. The Planning Director’s decisions shall be final unless appealed to the Planning Commission within ten calendar days. Appeals shall be filed with the Planning Department and follow similar rules as the appeals to the City Council (Section 18.63.070). 1. All accessory structures, except: a. Structures with 65 percent or more of the square footage of the main residence living area. Living area does not include porches, patios, carports, garages, storage areas, or auxiliary rooms; b. Structures 1,200 square feet or more in size; c. Structures with lot coverage higher than 25 percent; 2. All room additions, except room additions with 65 percent or more of the square footage of the main residence living area. Living area does not include porches, patios, carports, garages, storage areas, or auxiliary rooms; 3. Large scale temporary uses of insignificant adverse impact on the environment, i.e., parking lot sales which require review by fire, health and other agencies; 4. In case of damaged structures due to fire, earthquakes or other natural disasters where the structure will be reconstructed with alterations but not sufficient to trigger a public hearing. 5. Developments within the R3-24 and R3-24 Overlay districts. Such developments shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. 6. Applications for second units and two-unit developments in accordance with Chapter 18.65. G.11.a Packet Pg. 306 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 1 . 1 8 . 2 0 2 2 ( U r g e n c y O r d i n a n c e S B 9 ) 01247.0005/757496.4 11 SECTION 18. Chapter 18.65 (Second Units and Two-Unit Developments) is hereby added to the Grand Terrace Municipal Code and shall read as follows (additions in bold italics): Chapter 18.65 - SECOND UNITS AND TWO-UNIT DEVELOPMENTS 18.65.010 - Purpose. The purpose of this chapter is to establish procedures and standards for the approval and creation of second units and two-unit developments in accordance with the requirements of Government Code Section 65852.21. 18.65.020 - Ministerial review; standard for denial. A. Notwithstanding any other provision of this code, an application for a second unit or a two-unit development shall be considered ministerially, without discretionary review or a hearing, and shall be approved if it meets all of the requirements of this chapter. B. An application for a second unit or a two-unit development shall be reviewed by the Planning Director through the administrative site and architectural review process, as described in Chapter 18.63, and the decision may be appealed in accordance with Section 18.63.020(C). C. Notwithstanding subsection A, the City may deny an application for a second unit or two-unit development if the building official, or designee, makes a written finding, based upon a preponderance of the evidence, that the proposed second unit or two-unit development would have a specific, adverse impact, as defined in subsection (d)(2) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. 18.65.030 – General requirements. Proposed second units and two-unit developments: A. Shall be located in the RH, R1-20, R1-10, or R1-7.2 zoning district; B. Shall be located on a parcel that meets all the requirements of subsections (a)(6)(B) through (A)(6)(K), inclusive, of Government Code Section 65913.4; C. Shall not require or allow the demolition or alteration of any of the following types of housing: G.11.a Packet Pg. 307 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 1 . 1 8 . 2 0 2 2 ( U r g e n c y O r d i n a n c e S B 9 ) 01247.0005/757496.4 12 1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. 2. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. 3. Housing that has been occupied by a tenant in the last three years; D. Shall not require or allow the demolition of more than 25 percent of the existing exterior structure walls on the parcel if the parcel has been occupied by a tenant in the last three years; E. Shall not be located on a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application; and F. Shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a City or county landmark or historic property or district pursuant to a City or county ordinance. 18.65.040 - Development standards. A second unit, and both of the units in a two-unit development, shall comply with all of the following development standards: A. Configuration. A second unit, and both units of a two-unit development, may be attached to, adjacent to, or detached from any other structure on the parcel, subject to subsections C and D of Section 18.65.030. Subject to the requirements of this chapter, a second unit may be added to a parcel either by (i) the construction of a new residential dwelling unit, (ii) the conversion of an existing structure into a residential dwelling unit, or (iii) the bifurcation of an existing residential dwelling unit into two separate residential dwelling units. B. Size. A second unit, and both of the units in a two-unit development, shall be no larger than 800 square feet in floor area each. C. Height. A second unit, and both of the units in a two-unit development, shall be no taller than 16 feet in height from ground level and shall be G.11.a Packet Pg. 308 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 1 . 1 8 . 2 0 2 2 ( U r g e n c y O r d i n a n c e S B 9 ) 01247.0005/757496.4 13 one-story. The units shall not be located on the second or any higher story of a structure. D. Setbacks. No setback beyond the existing setback shall be required for an existing structure or for a unit constructed in the same location and to the same dimensions as an existing structure. In all other circumstances, second units, and both units of a two-unit development, shall be set back at least 4 feet from the side and rear lot lines. E. Separation Between Detached Units. There shall be at least 15 feet of separation between all detached units on a parcel, including second units, primary units, both units of a two-unit development if they are not attached, and detached accessory dwelling units. F. Parking. 1. One off-street parking space is required for a second unit and one off-street parking space per unit is required for each unit of a two- unit development. 2. Notwithstanding subsection F.1, no parking spaces are required for a second unit or a two-unit development if either: a. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subsection (b) of Public Resources Code Section 21155, or a major transit stop, as defined in Public Resources Code Section 21064.3; or b. There is a car share vehicle located within one block of the parcel. G. Wastewater. 1. Prior to issuance of a building permit for a second unit or either unit of a two-unit development, a video of the sewer lines that will be connected to the unit(s) shall be conducted to show there are no sewer line constraints, as determined by the City Engineer. Any sewer line constraints shall be resolved to ensure adequate sewer capacity for all units on the parcel, as determined by the City Engineer, prior to issuance of a building permit. 2. Prior to issuance of a building permit for a second unit or either unit of a two-unit development that will be connected to an onsite wastewater treatment system, the applicant shall provide documentation of a percolation test completed within the last five G.11.a Packet Pg. 309 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 1 . 1 8 . 2 0 2 2 ( U r g e n c y O r d i n a n c e S B 9 ) 01247.0005/757496.4 14 years, or, if the percolation test has been recertified, within the last ten years. If the City Engineer finds that the onsite wastewater treatment system is inadequate to serve the proposed units, the system shall be repaired, replaced, or otherwise modified to ensure adequate capacity for all units on the parcel, as determined by the City Engineer, prior to issuance of a building permit. H. Separate Entrances. A second unit, and both of the units in a two-unit development, shall each have a separate entrance. I. Additional Development Standards. Except as provided in subsections A through H, second units, and each unit of a two-unit development, shall comply with all development standards that would be applicable to a primary dwelling unit on the same parcel. J. Limitation on Enforcement of Development Standards. With the exceptions of the setback requirements in subsection D and the requirement to comply with all building codes, the City shall not enforce any development standard to the extent that it would have the effect of physically precluding the construction of a second unit or two-unit development on a parcel, or would physically preclude either the second unit or both units of a two-unit development from being at least 800 square feet in floor area. 18.65.050 - Total number of units. A. This chapter does not authorize or require the approval of more than two primary dwelling units on a single parcel. For purposes of this subsection, “primary dwelling units” means dwelling units other than accessory dwelling units or junior accessory dwelling units. B. Notwithstanding any other provision in this chapter, the approval of second units and two-unit developments on a parcel that was created through an urban lot split shall be limited as described in Section 17.30.060. 18.65.060 - Design standards. Second units, and each unit of a two-unit development, shall comply with all objective design standards that would be applicable to a primary dwelling unit on the same parcel. 18.65.070 - Rental term. Second units and the units in a two-unit development shall not be rented for a term of less than thirty-one (31) consecutive days. G.11.a Packet Pg. 310 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 1 . 1 8 . 2 0 2 2 ( U r g e n c y O r d i n a n c e S B 9 ) 01247.0005/757496.4 15 18.65.080 - Affordable rent requirement. Second units, and both units of a two-unit development, if rented, shall only be rented at an affordable rent for lower-income households, as defined in Health and Safety Code Section 50053, and shall only be rented to lower-income households, as defined in Health and Safety Code Section 50079.5, for a minimum of 55 years. Prior to the issuance of a certificate of occupancy for any second unit or any unit of a two-unit development, the owner of the property shall execute and record on the property a deed restriction, in a form approved by the director and the City Attorney, establishing legal restrictions consistent with this Section. SECTION 19. Severability. If any provision(s) of this Ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional. SECTION 20. Posting. The City Clerk shall certify to the passage and adoption of this Ordinance by the City Council and shall cause this ordinance to be published or posted in accordance with Government Code Section 36933 as required by law. SECTION 21. Effective Date. Pursuant to Government Code Section 36937, this Urgency Ordinance shall take effective immediately upon approval of the same by a four-fifths (4/5) affirmative vote of the City Council. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 25th day of January, 2022. _____________________________ Darcy McNaboe Mayor ATTEST: ____________________________ Debra Thomas City Clerk G.11.a Packet Pg. 311 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 1 . 1 8 . 2 0 2 2 ( U r g e n c y O r d i n a n c e S B 9 ) 01247.0005/757496.4 16 APPROVED AS TO FORM: ____________________________ Adrian R. Guerra City Attorney G.11.a Packet Pg. 312 At t a c h m e n t : S B 9 O r d i n a n c e _ G r a n d T e r r a c e _ 1 . 1 8 . 2 0 2 2 ( U r g e n c y O r d i n a n c e S B 9 ) AGENDA REPORT MEETING DATE: January 25, 2022 Council Item TITLE: Approve Amendment No. 1 to a Professional Services Agreement Between the City of Grand Terrace and Interwest Consulting Group for Building and Public Works Services PRESENTED BY: Luis Gardea, Building Official RECOMMENDATION: Approve Amendment No. 1 to the Professional Services Agreement to Interwest Consulting Group for Building and Public Works Services (dated October 13, 2020), which extends the term of the Agreement to January 28, 2022 Increase the sum of the agreement from $117,000 to $122,767.50 Authorize the Mayor to execute Amendment No. 1 subject to City Attorney approval as to form 2030 VISION STATEMENT: This staff report supports Our Core Values: Positive and Productive Work Environment and Exceptional Customer Service by providing core development and public works services. BACKGROUND: The City’s budget includes a part time Building Official in the Planning and Development Services Department, and the City has contracted for building services, with Code Enforcement and Maintenance support if needed. The Deputy Building Official services has most recently, since 2017, been filled by a CalPERS annuitant employed by Interwest Consulting Services. A CalPERS annuitant can only work 960 hours within the CalPERS system. On January 9, 2018, and on October 22, 2019, the City Council amended the contract to revise the scope and compensation of the contract to include Building Official and plan checking services, not to exceed 16 hours per week. The cost for the services were offset through developer deposits and reimbursements. The City entered into a subsequent agreement with Interwest (dated October 13, 2020) for the same services, which provides for an initial one (1) year term with two (2) one- year extensions. G.12 Packet Pg. 313 DISCUSSION: On September 20, 2021, the Building Official position was filled in-house by city staff. During the months of November and December 2021, Interwest Consulting continued to perform building and public works plan checking services for the City to assist staff with pending projects that were in plan check review prior to contract expiration. Staff requests that City Council extend the Agreement to January 28, 2022 and increase the agreement amount from $117,000 to $122,767.50 so that staff may pay remaining outstanding invoices for building and public works services provided in November and December 2021 by Interwest Consulting. FISCAL IMPACT: $2,050 of the outstanding invoices is already budgeted in the 2021-2022 budget and the remaining $5,767.50 will come from the General Fund. ATTACHMENTS: • Grand Terrace_ Amendment No 1 to Interwest Agreement (DOCX) • Interwest Consulting Group, Inc.-2020-23 (PDF) APPROVALS: Luis Gardea Completed 01/14/2022 4:23 PM City Attorney Completed 01/18/2022 6:36 PM Finance Completed 01/19/2022 4:02 PM City Manager Completed 01/19/2022 4:45 PM City Council Pending 01/25/2022 6:00 PM G.12 Packet Pg. 314 01247.0006/756872.1 AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF GRAND TERRACE AND INTERWEST CONSULTING GROUP, INC. This AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF GRAND TERRACE AND INTERWEST CONSULTING GROUP, INC. (“Amendment No. 1”) by and between the CITY OF GRAND TERRACE (“City”) and INTERWEST CONSULTING GROUP, INC., a Colorado corporation (“Consultant”) is effective as of the ______ day of January, 2022. RECITALS A. The City and Consultant entered into that certain agreement for Deputy Building Official, ICC Certified Plans Examiner, Code Enforcement/Animal Control Supervisor, and Public Works Maintenance Supervisor Services dated October 13, 2020, with an initial term of 1 year and 2 extensions of 1 year each and, further, with a total compensation of $117,000 (“Agreement”). B. By this Amendment No. 1, the City and Consultant desire to extend the term of the Agreement from October 13, 2021 to January 28, 2022, and to increase the total maximum compensation due to Consultant by $5,767.50, from $117,000.00 to $122,767.50. TERMS 1. Contract Amendments. The Agreement is amended as provided herein: 1.1 Section 2.1, Contract Sum, is hereby amended to read as follows: “2.1 Contract Sum. “Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One Hundred Twenty Two Thousand Seven Hundred Sixty Seven Dollars and Fifty Cents ($122,767.50) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.” 1.2 Extension of Agreement. Pursuant to Section IV of Exhibit “D,” the term of the Agreement is hereby extended such that it shall expire on January 28, 2022. 2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement, as amended by Amendment No. 1, shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 1. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and G.12.a Packet Pg. 315 At t a c h m e n t : G r a n d T e r r a c e _ A m e n d m e n t N o 1 t o I n t e r w e s t A g r e e m e n t [ R e v i s i o n 1 ] ( B u i l d i n g a n d M a n a g e m e n t C o n s u l t a n t S e r v i c e s ) 01247.0006/756872.1 Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. Consultant represents and warrants to City that, as of the date of this Amendment No. 1, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Consultant that, as of the date of this Amendment No. 1, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 5. Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of the Agreement, as amended and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] G.12.a Packet Pg. 316 At t a c h m e n t : G r a n d T e r r a c e _ A m e n d m e n t N o 1 t o I n t e r w e s t A g r e e m e n t [ R e v i s i o n 1 ] ( B u i l d i n g a n d M a n a g e m e n t C o n s u l t a n t S e r v i c e s ) 01247.0006/756872.1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date and year first-above written. CITY: CITY OF GRAND TERRACE, a municipal corporation ___________________________ Darcy McNaboe, Mayor ATTEST: ___________________________ Debra Thomas, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP _______________________ Adrian R. Guerra, City Attorney CONSULTANT: INTERWEST CONSULTING GROUP, INC., a Colorado corporation By: Name: Title: By: Name: Title: Address: 1500 S. Haven Avenue, Suite 220 Ontario, CA 91761 NOTE: CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER’S BUSINESS ENTITY. G.12.a Packet Pg. 317 At t a c h m e n t : G r a n d T e r r a c e _ A m e n d m e n t N o 1 t o I n t e r w e s t A g r e e m e n t [ R e v i s i o n 1 ] ( B u i l d i n g a n d M a n a g e m e n t C o n s u l t a n t S e r v i c e s ) 01247.0006/756872.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On __________, 2022 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.12.a Packet Pg. 318 At t a c h m e n t : G r a n d T e r r a c e _ A m e n d m e n t N o 1 t o I n t e r w e s t A g r e e m e n t [ R e v i s i o n 1 ] ( B u i l d i n g a n d M a n a g e m e n t C o n s u l t a n t S e r v i c e s ) 01247.0006/756872.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On __________, 2022 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.12.a Packet Pg. 319 At t a c h m e n t : G r a n d T e r r a c e _ A m e n d m e n t N o 1 t o I n t e r w e s t A g r e e m e n t [ R e v i s i o n 1 ] ( B u i l d i n g a n d M a n a g e m e n t C o n s u l t a n t S e r v i c e s ) 2020-23 AGREEMENT FOR CONTRACT SERVICES By and Between CITY OF GRAND TERRACE and INTERWEST CONSULTING GROUP, INC. he Declarations;Section III—Limits Of Insurance: whichever is less.If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance:1. Required by the contract or agreement; or Page 2 of 2 Insurance Services Office, Inc., 2012 CG 20 10 0413 2.1 of this Agreement.01247.0006/ 669201.8 G.12.b Packet Pg. 320 At t a c h m e n t : I n t e r w e s t C o n s u l t i n g G r o u p , I n c . - 2 0 2 0 - 2 3 ( B u i l d i n g a n d M a n a g e m e n t C o n s u l t a n t S e r v i c e s ) AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND INTERWEST CONSULTING GROUP This "AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND INTERWEST CONSULTING GROUP" (herein "Agreement") is made and entered into this 13 day of October 2020 by and between the City of Grand Terrace, a California municipal corporation ("City") and Interwest Consulting Group, Inc., a Colorado corporation("Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the"Parties." RECITALS A. Pursuant to the City of Grand Terrace Municipal Code, City has authority to enter into and execute this Agreement. B. The Parties desire to formalize the selection ofConsultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW,THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: ARTICLE 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions ofthis Agreement,the Consultant shall provide those services specified in the"Scope of Services"attached hereto as Exhibit"A"and incorporated herein by this reference, which may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement,the phrase"highest professional standards" shall mean those standards of practice recognized by one or more first- class firms performing similar work under similar circumstances. 1.2 Consultant's Proposal. The Scope of Service shall include the Consultant's scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any 2- or rented by your"employee"on yourbehalfcompany; or and at your direction, this insurance will be 4) An executive officer, insurance manager, primary to the"employee's" personal or authorized representative, if you are an insurance organization other than a partnership or 16. HIRED AUTO—COVERAGE TERRITORY limited liability company. Paragraph B.7.b.(5).(a)-POLICYPERIOD,Knowledge-of-an2accident",claim,"suit''=or COVERAGE TERRITORY of-SECTION-IV—loss" by other persons does not imply that the BUSINESS AUTO CONDITIONS is deleted and persons listed above have such knowledge. replaced with the following: -Notice to us should include: a)A covered "auto"of the private passenger 1) How,when and where the" accident"or type is leased, hired, rented or borrowed loss"occurred; without a driver for a period of 45 days or 2) The"insured's"name and address; and less; and 3) To the extent possible, the names and 17. RESULTANT MENTAL ANGUISH COVERAGE -addresses of any injured persons orParagraphCof-SECTION V—DEFINITIONS is witnesses. deleted and replaced by the following:13. WAIVER OF SUBROGATION Bodilyinjury" means bodilyinjury, sickness or Paragraph A.S. -TRANSFER OF RIGHTS OF n,disease sustained by any person, including RECOVERY AGAINST OTHERS TO US ofmentalanguishordeathasaresultof the"bodily SECTION IV—BUSINESS AUTO CONDITIONS is injury"sustained by that person.deleted andreplacedwiththefollowing5. We will waive the right of recovery we would otherwise haveagainstanotherpersonororganizationfor"loss"to which this insuranceForm: 16-02-0292 (Rev. 4- 11) Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission" ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD G.12.b Packet Pg. 321 At t a c h m e n t : I n t e r w e s t C o n s u l t i n g G r o u p , I n c . - 2 0 2 0 - 2 3 ( B u i l d i n g a n d M a n a g e m e n t C o n s u l t a n t S e r v i c e s ) inconsistency between the terms of such proposal and this Agreement,the terms of this Agreement shall govern. 1.3 Compliance with Law. Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered. 1.4 Licenses,Permits,Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses,permits and approvals as may be required by law for the performance ofthe services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment,materials,papers, documents,plans,studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 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. 3- or authorized representative, if you are an insuranceorganizationotherthanapartnershipor16. HIRED AUTO—COVERAGE TERRITORY limitedliabilitycompany. Paragraph B.7.b.(5).(a)- POLICY PERIOD,Knowledge-of-an2accident",claim,"suit''=or COVERAGE TERRITORY of- SECTION-IV—loss" by other persons does not imply that the BUSINESS AUTO CONDITIONS is deleted and persons listed above have such knowledge. replaced with the following: -Notice to us should include: a)A covered "auto"of the private passenger 1) How,when and where the"accident"or type is leased, hired, rented or borrowed loss"occurred; without a driverforaperiodof45daysor2) The"insured's"name and address; and less; and 3) To the extent possible, the names and 17. RESULTANTMENTALANGUISHCOVERAGE -addresses of any injured persons or Paragraph C of-SECTION V—DEFINITIONS is witnesses. deleted and replaced by the following: 13. WAIVER OF SUBROGATION Bodilyinjury" means bodilyinjury, sickness or Paragraph A.S. -TRANSFER OF RIGHTS OF n,disease sustained byanyperson, including RECOVERY AGAINST OTHERS TO US ofmentalanguishordeathasaresultofthe"bodily SECTION IV—BUSINESS AUTOCONDITIONSisinjury"sustained by that person.deleted and replaced with the following 5. We willwaivetherightofrecoverywewouldotherwisehaveagainstanotherpersonororganizationfor"loss"to which this insurance Form: 16-02-0292 (Rev. 4-11) Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission"ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD G.12.b Packet Pg. 322 At t a c h m e n t : I n t e r w e s t C o n s u l t i n g G r o u p , I n c . - 2 0 2 0 - 2 3 ( B u i l d i n g a n d M a n a g e m e n t C o n s u l t a n t S e r v i c e s ) 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in(i)the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or$25,000, whichever is less; or,in the time to perform of up to one hundred eighty 180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 1,9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the"Special Requirements" attached hereto as Exhibit`B"and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit `B" and any other provisions of this Agreement,the provisions of Exhibit `B" shall govern. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. The total compensation,including reimbursement for actual expenses, shall not exceed One Hundred Seventeen Thousand Dollars ($117,000.00) (the Contract Sum"), unless additional compensation is approved pursuant to Section 1.8. 2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant's rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or(iv) such other methods as may be specified in the Schedule of Compensation. 4- COVERAGE TERRITORY limited liability company. Paragraph B.7.b.(5).(a)-POLICY PERIOD,Knowledge-of- an2accident",claim,"suit''=or COVERAGE TERRITORY of-SECTION-IV—loss" by other persons does not imply that the BUSINESS AUTO CONDITIONS is deleted and personslistedabovehavesuchknowledge. replaced with the following: -Notice to us shouldinclude: a)A covered "auto"of the private passenger 1) How,when and where the" accident"or type is leased, hired, rented or borrowed loss"occurred; withoutadriverforaperiodof45daysor2) The"insured's"name and address; and less; and 3) To the extent possible, the names and 17. RESULTANT MENTAL ANGUISH COVERAGE -addresses of any injured persons or Paragraph C of-SECTION V—DEFINITIONS is witnesses. deleted and replaced by the following:13. WAIVER OF SUBROGATION Bodilyinjury" means bodilyinjury, sicknessorParagraphA.S. -TRANSFER OFRIGHTSOFn,disease sustained by any person, including RECOVERY AGAINST OTHERS TO US of mentalanguishordeathasaresultofthe"bodily SECTION IV—BUSINESS AUTO CONDITIONS is injury"sustained by that person.deleted and replaced with the following 5. We will waive the right of recovery we would otherwise have against another person or organization for"loss"to which this insurance Form: 16- 02-0292 (Rev. 4-11) Page 3 of 3 Includes copyrighted G.12.b Packet Pg. 323 At t a c h m e n t : I n t e r w e s t C o n s u l t i n g G r o u p , I n c . - 2 0 2 0 - 2 3 ( B u i l d i n g a n d M a n a g e m e n t C o n s u l t a n t S e r v i c e s ) 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five(45) days of receipt of Consultant's correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement, 5- etention; (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.4-COVERAGE TERRITORY limited liability company. Paragraph B. 7.b.(5).(a)-POLICY PERIOD,Knowledge-of-an2accident",claim,"suit''=or COVERAGE TERRITORY of- SECTION- IV—loss" by other persons does not imply that the BUSINESS AUTO CONDITIONS is deleted and persons listed above have such knowledge. replaced with the following: -Notice to us should include: a)A covered "auto"of the private passenger 1) How,when and where the"accident"or type is leased, hired, rented orborrowedloss"occurred; without a driver for a period of 45 days or 2) The" insured's"name and address; and less; and 3) To the extentpossible, the names and 17. RESULTANT MENTAL ANGUISH COVERAGE -addresses of any injured persons or Paragraph C of-SECTION V—DEFINITIONS is witnesses. deleted and replaced by the following:13. WAIVER OF SUBROGATION Bodilyinjury" means bodilyinjury, sickness or Paragraph A.S. -TRANSFER OFRIGHTSOFn,disease sustained by any person, includingRECOVERYAGAINSTOTHERSTOUSofmentalanguishordeathasaresultofthe"bodily SECTION IV—BUSINESS AUTO CONDITIONS is injury"sustained by that person.deleted and replacedwiththefollowing5. We will waive the right of recoverywewouldotherwisehaveagainstanother person or organization for"loss"to which this insurance Form: 16-02-0292 (Rev. 4-11) Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission"ACORD 25(2016/ 03) The ACORD name and logo are registered marks of ACORD G.12.b Packet Pg. 324 At t a c h m e n t : I n t e r w e s t C o n s u l t i n g G r o u p , I n c . - 2 0 2 0 - 2 3 ( B u i l d i n g a n d M a n a g e m e n t C o n s u l t a n t S e r v i c e s ) 3.2 Schedule of Performance.. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty(180) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including,but not restricted to,acts of God or of the public enemy,unusually severe weather,fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and ifin the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance(Exhibit 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: Gil Petris, Building and Safety Manager Name) Title) Name) Title) 6- ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement, 5- etention; (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.4-COVERAGE TERRITORY limited liability company. Paragraph B. 7.b.(5).(a)-POLICY PERIOD,Knowledge-of-an2accident",claim,"suit''=or COVERAGE TERRITORY of- SECTION- IV—loss" by other persons does not imply that the BUSINESS AUTO CONDITIONS is deleted and persons listed above have such knowledge. replaced with the following: -Notice to us should include: a)A covered "auto"of the private passenger 1) How,when and where the"accident"or type is leased, hired, rented orborrowedloss"occurred; without a driver for a period of 45 days or 2) The" insured's"name and address; and less; and 3) To the extentpossible, the names and 17. RESULTANT MENTAL ANGUISH COVERAGE -addresses of any injured persons or Paragraph C of-SECTION V—DEFINITIONS is witnesses. deleted and replaced by the following:13. WAIVER OF SUBROGATION Bodilyinjury" means bodilyinjury, sickness or Paragraph A.S. -TRANSFER OFRIGHTSOFn,disease sustained by any person, includingRECOVERYAGAINSTOTHERSTOUSofmentalanguishordeathasaresultofthe"bodily SECTION IV—BUSINESS AUTO CONDITIONS is injury"sustained by that person.deleted and replacedwiththefollowing5. We will waive the right of recoverywewouldotherwisehaveagainstanother person or organization for"loss"to which this insurance Form: 16-02-0292 (Rev. 4-11) Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission"ACORD 25(2016/ 03) The ACORD name and logo are registered marks of ACORD G.12.b Packet Pg. 325 At t a c h m e n t : I n t e r w e s t C o n s u l t i n g G r o u p , I n c . - 2 0 2 0 - 2 3 ( B u i l d i n g a n d M a n a g e m e n t C o n s u l t a n t S e r v i c e s ) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors,if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. 4.2 Status of Consultant. Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City,whether by contract or otherwise,unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers, employees,or agents are in any manner officials, officers,employees or agents of City. Neither Consultant, nor any of Consultant's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be G. Harold Duffey, City Manager or such person as may be designated by the City Manager. It shall be the Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.4 Independent Contractor. Neither the City nor any ofits 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 7- withoutadriverforaperiodof45daysor2) The"insured's"name and address; and less; and 3) To the extent possible, the names and 17. RESULTANT MENTAL ANGUISH COVERAGE -addresses of any injured persons or Paragraph C of-SECTION V—DEFINITIONS is witnesses. deleted and replaced by the following:13. WAIVER OF SUBROGATION Bodilyinjury" means bodilyinjury, sicknessorParagraphA.S. -TRANSFER OFRIGHTSOFn,disease sustained by any person, including RECOVERY AGAINST OTHERS TO US of mentalanguishordeathasaresultofthe"bodily SECTION IV—BUSINESS AUTO CONDITIONS is injury"sustained by that person.deleted and replaced with the following 5. We will waive the right of recovery we would otherwise have against another person or organization for"loss"to which this insurance Form: 16- 02-0292 (Rev. 4-11) Page 3 of 3 Includes copyrighted G.12.b Packet Pg. 326 At t a c h m e n t : I n t e r w e s t C o n s u l t i n g G r o u p , I n c . - 2 0 2 0 - 2 3 ( B u i l d i n g a n d M a n a g e m e n t C o n s u l t a n t S e r v i c e s ) Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent(25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City. ARTICLE 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City: a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit. b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement. c) Automotive Insurance(Form CA 0001 (Ed 1/87) including"any auto" and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than 1,000,000. Said policy shall include coverage for owned, non-owned, leased,hired cars and any automobile. 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 8- 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 7-without a driver for a periodof45daysor2) The"insured's"name and address; and less; and 3) To the extent possible, the names and 17. RESULTANT MENTAL ANGUISH COVERAGE -addresses of any injured persons or Paragraph C of- SECTION V—DEFINITIONS is witnesses. deleted andreplacedbythefollowing:13. WAIVER OF SUBROGATION Bodilyinjury" means bodilyinjury, sickness or Paragraph A.S. -TRANSFEROFRIGHTSOFn,disease sustainedbyanyperson, including RECOVERY AGAINST OTHERS TO US of mental anguish or death as aresultofthe"bodily SECTION IV—BUSINESS AUTO CONDITIONS is injury"sustained by that person.deleted and replaced with the following 5. We will waive the right of recovery we would otherwise have against another person or organization for"loss" to which this insurance Form: 16-02-0292 (Rev. 4-11) Page 3 of 3 Includes copyrighted material of Insurance Services Office, G.12.b Packet Pg. 327 At t a c h m e n t : I n t e r w e s t C o n s u l t i n g G r o u p , I n c . - 2 0 2 0 - 2 3 ( B u i l d i n g a n d M a n a g e m e n t C o n s u l t a n t S e r v i c e s ) 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 ofthe City submit written evidence of this continuous coverage. e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all ofthe requirements stated herein. f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit"B". 5.2 General Insurance Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant's insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled,the Consultant shall,prior to the cancellation date, submit new evidence ofinsurance 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 9- ate to the Consultant's profession. This coverage may be written on a"claims made"basis,and must include 8-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 7-without a driver for a period of 45 days or 2) The"insured's"name and address; and less; and3) To the extent possible, the names and 17. RESULTANT MENTAL ANGUISH COVERAGE -addresses of any injured persons or Paragraph C of-SECTION V—DEFINITIONS is witnesses. deleted and replaced by the following:13. WAIVER OF SUBROGATION Bodilyinjury" means bodilyinjury, sickness or ParagraphA.S. -TRANSFER OF RIGHTS OF n,disease sustainedbyanyperson, including RECOVERY AGAINST OTHERS TOUSofmentalanguishor deathasaresultofthe"bodily SECTION IV—BUSINESS AUTO CONDITIONS is injury"sustained by thatperson.deleted and replaced with the following 5. We will waivetherightofrecoverywewould otherwise have against another person or organization for"loss"to which this insurance Form: 16-02- 0292 (Rev. 4-11) Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission"ACORD 25(2016/03) The ACORD name and logo are G.12.b Packet Pg. 328 At t a c h m e n t : I n t e r w e s t C o n s u l t i n g G r o u p , I n c . - 2 0 2 0 - 2 3 ( B u i l d i n g a n d M a n a g e m e n t C o n s u l t a n t S e r v i c e s ) ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER NAMED HEREIN. to be initialed] Consultant Initials City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs;products and completed operations of Consultant;premises owned,occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant's activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant's indemnification liabilities as provided in Section 5.3. In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City. 5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City,its officers, employees and agents("Indemnified Parties") against,and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable("indemnitors"),or arising from Consultant's or indemnitors' reckless or willful misconduct,or arising from Consultant's or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: 10- dependent 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 7-without a driver for a period of 45 days or 2) The"insured's"name and address; and less; and 3) To the extent possible, thenamesand17. RESULTANT MENTAL ANGUISH COVERAGE -addresses of any injured persons or Paragraph C of-SECTION V—DEFINITIONS is witnesses. deleted and replaced by the following:13. WAIVER OF SUBROGATION Bodilyinjury" means bodilyinjury, sickness or Paragraph A.S. -TRANSFER OF RIGHTS OFn,disease sustained by any person, including RECOVERY AGAINSTOTHERSTOUSofmentalanguishordeathasaresultofthe"bodilySECTIONIV—BUSINESS AUTO CONDITIONS is injury"sustained by that person.deleted and replaced with thefollowing5. We will waive the right of recovery we wouldotherwisehaveagainstanotherpersonor organization for"loss"to which this insurance Form: 16-02- 0292 (Rev. 4-11) Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission"ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD G.12.b Packet Pg. 329 At t a c h m e n t : I n t e r w e s t C o n s u l t i n g G r o u p , I n c . - 2 0 2 0 - 2 3 ( B u i l d i n g a n d M a n a g e m e n t C o n s u l t a n t S e r v i c e s ) a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorney's fees incurred in connection therewith; b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work,operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorney's fees. Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions,but,to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City's negligence, except that design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. 5.4 Sufficiency of Insurer. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated"A" or better in the most recent edition of Best Rating Guide,The Key Rating Guide or in the Federal Register, and only ifthey 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. 11- of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:10-dependent 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 purposebecomeorbedeemedtobeapartnerof7- without a driver for a period of 45 days or 2) The"insured' s"name and address; and less; and 3) To the extent possible, the names and 17. RESULTANT MENTAL ANGUISH COVERAGE -addresses of any injured persons or Paragraph C of-SECTION V—DEFINITIONS is witnesses. deleted and replacedbythefollowing:13. WAIVER OFSUBROGATIONBodilyinjury" means bodilyinjury, sickness or Paragraph A.S. -TRANSFER OF RIGHTS OF n,disease sustainedbyanyperson, including RECOVERY AGAINST OTHERS TO US of mentalanguishordeathasaresult of the"bodily SECTION IV—BUSINESS AUTO CONDITIONS is injury" sustained by that person.deleted and replaced with the following 5. We will waive the right of recovery we would otherwise have against another person or organization for"loss"to which this insurance Form: 16- G.12.b Packet Pg. 330 At t a c h m e n t : I n t e r w e s t C o n s u l t i n g G r o u p , I n c . - 2 0 2 0 - 2 3 ( B u i l d i n g a n d M a n a g e m e n t C o n s u l t a n t S e r v i c e s ) ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers,books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the "books and records"), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three(3)years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant's business, custody of the books and records may be given to City, and access shall be provided by Consultant's successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. 6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the "documents and materials"), including any electronic documents and materials, prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City in a format of the City's choice upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use,reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 12- be a partner of 7-without a driver for a period of 45 days or 2) The" insured's"name and address; and less; and 3) To the extent possible, the names and 17. RESULTANT MENTAL ANGUISH COVERAGE -addresses of any injured persons or Paragraph C of-SECTION V—DEFINITIONS is witnesses. deleted and replaced by the following:13. WAIVER OFSUBROGATIONBodilyinjury" means bodilyinjury, sickness or Paragraph A.S. -TRANSFER OF RIGHTS OF n,disease sustained byanyperson, including RECOVERY AGAINST OTHERSTOUSofmentalanguishordeathasaresultofthe"bodily SECTION IV—BUSINESSAUTOCONDITIONSisinjury"sustained by that person.deleted and replacedwiththefollowing5. We will waive the right of recovery we would otherwise have against another person or organization for"loss" to which this insurance Form: 16-02- 0292 (Rev. 4-11) Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission"ACORD 25(2016/ G.12.b Packet Pg. 331 At t a c h m e n t : I n t e r w e s t C o n s u l t i n g G r o u p , I n c . - 2 0 2 0 - 2 3 ( B u i l d i n g a n d M a n a g e m e n t C o n s u l t a n t S e r v i c e s ) shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed"works made for hire" for the City. 6.4 Confidentiality and Release of Information. a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential,unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney,voluntarily provide documents, declarations, letters of support,testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary"provided Consultant gives City notice of such court order or subpoena. c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct. d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena,notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right,but has no obligation, to represent Consultant or be present at any deposition,hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However,this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District 13- 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 12-be a partner of 7-without a driver for a period of 45 days or 2) The"insured's"name and address; and less; and 3) Totheextentpossible, the names and 17. RESULTANT MENTAL ANGUISH COVERAGE -addresses of any injured persons or Paragraph C of-SECTION V—DEFINITIONS is witnesses. deleted and replaced by the following:13. WAIVER OF SUBROGATION Bodilyinjury" means bodilyinjury, sickness or Paragraph A.S. -TRANSFER OF RIGHTS OF n,disease sustained by anyperson, including RECOVERY AGAINST OTHERS TO US ofmentalanguishordeathas aresultofthe"bodily SECTION IV—BUSINESS AUTO CONDITIONS is injury"sustained by that person.deletedandreplacedwiththefollowing5. We will waive the rightofrecoverywewouldotherwisehave against another person or organization for"loss"to which this insurance Form: 16-02-0292 (Rev. 4-11) Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission"ACORD 25(2016/03) The ACORD name and logo are registered marks G.12.b Packet Pg. 332 At t a c h m e n t : I n t e r w e s t C o n s u l t i n g G r o u p , I n c . - 2 0 2 0 - 2 3 ( B u i l d i n g a n d M a n a g e m e n t C o n s u l t a n t S e r v i c e s ) Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California. 7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default,the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative,the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement. 7.3 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by , reason of Consultant's acts or omissions in performing or failing to perfonn 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 14- guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 12-be a partner of7-without a driver for a period of 45daysor2) The"insured's"name andaddress; and less; and 3) Totheextentpossible, the names and 17. RESULTANT MENTAL ANGUISH COVERAGE -addresses of any injured personsorParagraphCof-SECTION V—DEFINITIONS is witnesses. deleted andreplacedbythefollowing:13. WAIVER OF SUBROGATION Bodilyinjury" means bodilyinjury, sickness or Paragraph A.S. - TRANSFER OF RIGHTS OF n,disease sustained by any person, including RECOVERY AGAINST OTHERS TO US of mental anguish or death as a result of the"bodily SECTION IV—BUSINESS AUTO CONDITIONS is injury"sustained G.12.b Packet Pg. 333 At t a c h m e n t : I n t e r w e s t C o n s u l t i n g G r o u p , I n c . - 2 0 2 0 - 2 3 ( B u i l d i n g a n d M a n a g e m e n t C o n s u l t a n t S e r v i c e s ) of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement. 7.7 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any tune, with or without cause, upon written notice to Consultant. In addition, the Consultant may terminate this Contract for cause, upon sixty (60) days' advance written notice to City. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be-entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section,the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.8 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2,take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated(provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.9 Attorney's Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action,taking depositions and discovery and all other necessary costs 15- and warranties shall not extend to such use,reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 12-be a partner of 7-without a driver for a period of 45 days or 2) The"insured's"name and address; and less; and 3) To the extent possible, the names and17. RESULTANT MENTAL ANGUISH COVERAGE -addresses of any injuredpersonsorParagraphCof-SECTION V—DEFINITIONSiswitnesses. deleted and replaced bythefollowing:13. WAIVER OF SUBROGATION Bodilyinjury" means bodilyinjury, sickness or Paragraph A.S. -TRANSFER OFRIGHTSOFn,disease sustained by any person, including RECOVERY AGAINSTOTHERSTOUSofmentalanguish or death as a result of the"bodily SECTION IV— BUSINESS AUTO CONDITIONS is injury"sustained by that person.deleted and replaced with the following 5. We will waive the right of recovery we would otherwise have against another person or organization for"loss"to G.12.b Packet Pg. 334 At t a c h m e n t : I n t e r w e s t C o n s u l t i n g G r o u p , I n c . - 2 0 2 0 - 2 3 ( B u i l d i n g a n d M a n a g e m e n t C o n s u l t a n t S e r v i c e s ) the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. 8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation,marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion,sex,gender, sexual orientation,marital status, national origin, ancestry or other protected class. 8.4 Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use ofunauthorized 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. 16- usly stated.7.9 Attorney' s Fees.If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable,shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney' s fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action,taking depositions and discovery and all other necessary costs 15-and warranties shall not extend to such use,reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 12-be a partner of 7-without a driver for a period of 45 days or 2) The" insured' s"name and address; and less; and 3) To the extent possible, the names and 17. RESULTANT MENTAL ANGUISH COVERAGE -addresses of any injured persons or Paragraph C of-SECTION V—DEFINITIONS is witnesses. deleted and replaced bythefollowing:13. WAIVER OF SUBROGATION Bodilyinjury" meansbodilyinjury, sickness or Paragraph A.S. -TRANSFER OF RIGHTS OF n,disease sustained by any person, including RECOVERY AGAINST OTHERS TO USofmentalanguishordeathasaresultofthe"bodilySECTIONIV—BUSINESS AUTO CONDITIONS is injury"sustained by that person.deleted and replaced with the following 5. We will waive the right of recovery we would otherwise have against another person or organization for"loss"to which this insurance Form: 16-02-0292 (Rev. 4-11) Page 3 of 3 G.12.b Packet Pg. 335 At t a c h m e n t : I n t e r w e s t C o n s u l t i n g G r o u p , I n c . - 2 0 2 0 - 2 3 ( B u i l d i n g a n d M a n a g e m e n t C o n s u l t a n t S e r v i c e s ) 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 ofthe change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72)hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Counterparts. This Agreement maybe 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 ofthe basic benefit of their bargain or renders this Agreement meaningless. 17- 16-usly stated.7. 9 Attorney's Fees.If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable,shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action,taking depositions and discovery and all other necessary costs 15-and warranties shall not extend to such use,reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 12-be a partner of 7-without a driver for a period of 45 days or 2) The"insured's"name and address; and less; and 3) To the extent possible, the names and 17. RESULTANT MENTAL ANGUISH COVERAGE - addresses of any injured persons or ParagraphCof-SECTION V—DEFINITIONS is witnesses. deleted andreplacedbythefollowing:13. WAIVER OF SUBROGATIONBodilyinjury" means bodilyinjury, sickness or ParagraphA.S. -TRANSFER OF RIGHTS OF n,disease sustained by any person, including RECOVERY AGAINST OTHERSTOUSofmentalanguishordeathasaresultofthe"bodily SECTION IV—BUSINESS AUTO CONDITIONS is injury"sustained by that person.deleted and replaced with the following 5. We will waive the right of recovery we would otherwise have against another person or organization for"loss"to which this insurance Form: 16-02-0292 (Rev. 4-11) Page 3 G.12.b Packet Pg. 336 At t a c h m e n t : I n t e r w e s t C o n s u l t i n g G r o u p , I n c . - 2 0 2 0 - 2 3 ( B u i l d i n g a n d M a n a g e m e n t C o n s u l t a n t S e r v i c e s ) 9.6 Warranty&Representation of Non-Collusion. No official,officer,or employee of City has any financial interest, direct or indirect,in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of financial interest" shall be consistent with State law and shall not include interests found to be remote" or"noninterests"pursuant to Government Code Sections 1091 or 1091.5. Nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation,including but not limited to the Political Reform Act(Government Code Sections 81000, et seq.) Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including,but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that(s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Consultant's Authorized Initials ,/j ar- 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 ofthe parties. SIGNATURES ON FOLLOWING PAGE] 18- usly stated.7.9 Attorney's Fees.If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable,shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action,taking depositions and discovery and all other necessary costs 15-and warranties shall not extend to such use,reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 12-be a partner of 7-without a driver for a period of 45 days or 2) The"insured's"name and address; and less; and 3) To the extent possible, the names and 17. RESULTANT MENTAL ANGUISH COVERAGE -addresses ofanyinjuredpersonsorParagraphCof-SECTION V—DEFINITIONS is witnesses. deleted and replaced by thefollowing:13. WAIVER OF SUBROGATION Bodilyinjury" means bodilyinjury, sickness or Paragraph A.S. -TRANSFER OF RIGHTS OF n,disease sustained by anyperson, including RECOVERY AGAINST OTHERS TO US of mental anguish ordeathasaresultofthe" bodily SECTION IV—BUSINESS AUTO CONDITIONS is injury"sustained by that person.deleted and replaced with the following 5. We will waive the right of recovery we would otherwise have against another person or organization for"loss"to which this insurance Form: 16-02-0292 ( G.12.b Packet Pg. 337 At t a c h m e n t : I n t e r w e s t C o n s u l t i n g G r o u p , I n c . - 2 0 2 0 - 2 3 ( B u i l d i n g a n d M a n a g e m e n t C o n s u l t a n t S e r v i c e s ) 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 corm - '•n i Darc i5' J!1 ia TEST: cA e ra Thomas, City Clerk APPROVED AS TO FORM: ALESHIRE & R, LLP Adrian R. Guerra, City Attorney CONSULTANT: Interwest Consulting Group, a Colorado Corporation By: Name: Q'` ° ice e Title: p6e. 31-- By: Name:"9 c 1 oc's0 i\ Title: (' Address: 1500 S. Haven Avenue, Suite 220 Ontario, CA 91761 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. 01247.0005/606806.2 19 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 anythirdpartyincluding, but not limited to, any City official, officer, or G.12.b Packet Pg. 338 At t a c h m e n t : I n t e r w e s t C o n s u l t i n g G r o u p , I n c . - 2 0 2 0 - 2 3 ( B u i l d i n g a n d M a n a g e m e n t C o n s u l t a n t S e r v i c e s ) ACKNOWLEDGEMENT State of Colorado ss. County of Boulder iZie‘-•On 9 2020 before me, %iC'r .-)• 114-yes , Notary Public, personally appeared %r' 2 f „ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Colorado that the foregoing paragraph is true and correct. Tricia J.Hayes NOTARY PUBLIC STATE OF COLORADO WITNESS my hand and official seal.NOTARY ID 20034019453 MY COMMISSION EXPIRES June 19,2023 My commission expires: 6// 972043 Signature of Notary Publ.eilil, _ 4 eo J SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.01247.0005/606806.2 19 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 G.12.b Packet Pg. 339 At t a c h m e n t : I n t e r w e s t C o n s u l t i n g G r o u p , I n c . - 2 0 2 0 - 2 3 ( B u i l d i n g a n d M a n a g e m e n t C o n s u l t a n t S e r v i c e s ) ACKNOWLEDGEMENT State of Colorado ss. County of Boulder On /ic / to-ZD before me, , : - I_ A, , Notary Public, personally appeared r horsa.7 who proved to me on'the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Colorado that the foregoing paragraph is true and correct. Trlcia J.Hayes NOTARY PUBLIC -: STATE OF COLORADO WITNESS my hand and official seal. NOTARY ID 20034019453MYCOMMISSIONEXPIRESJune 19,2023 My commission expires: ‘//,2G23 Signature of Notary Pub' j^ir, eo J SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.01247. 0005/606806.2 19 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 conductorcollusionthatwouldresultinthepaymentofanymoney,consideration, G.12.b Packet Pg. 340 At t a c h m e n t : I n t e r w e s t C o n s u l t i n g G r o u p , I n c . - 2 0 2 0 - 2 3 ( B u i l d i n g a n d M a n a g e m e n t C o n s u l t a n t S e r v i c e s ) EXHIBIT "A" SCOPE OF SERVICES Consultant will provide contract services for the City ("Services"). The Services will include, but not be limited to, the following: A. Deputy Building Official Services include,but are not limited to, the following: i. Assisting customers(e.g.,developers and City residents)with City Building Code questions. ii. Conducting field inspection services, as needed. iii. Reviewing and commenting on development applications participating in the City's Planning Commission/Site and Architectural Review Board meetings. iv. Providing training and support to the City's permit technician. v. Supervising the City's permit technician. B. ICC Certified Plans Examiner Services include, but are not limited to, providing plan and check services by the Deputy Building Official to help offset the cost of this Agreement. Plan checking outside the ability of the Deputy Building Official will be assigned to qualified Interwest personnel. ICC Certified Plans Examiner Services include,but are not limited to the following: i. Plan checking of onsite grading plans. ii. Plan checking site,structural,mechanical,engineering,and plumbing plans. iii. Providing written and redline plan check corrections and responses in a timely manner and in accordance with any deadlines provided by City staff. C. Code Enforcement/Animal Control Supervisor Services include,but are not limited to, the following: i. Supervising the City's Code Enforcement and Animal Control Staff. H. Assessing City procedures and processes and making recommendation to improve efficiencies. iii. Reviewing cases and providing direction to City's Code Enforcement and Animal Control Staff. iv. Providing written and redline plan check corrections and responses in a timely manner and in accordance with any deadlines provided by City staff. 01247.0005/606806.2 A-l eration, or other thing of value will render this Agreement void and of no force or effect.Consultant's Authorized Initials ,/j ar-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]18-usly stated.7.9 Attorney's Fees.If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such actionor 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 15-and warranties shall not extend to such use,reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 12-be a partner of 7-without a driver for a period of 45 days or 2) The"insured's"name and address; and less; and 3) To the extent possible, the names and 17. RESULTANT MENTAL ANGUISH COVERAGE -addresses of any injured persons or Paragraph C of-SECTION V—DEFINITIONS is witnesses. deleted and replaced by the following: 13. WAIVER OF SUBROGATION Bodilyinjury" means bodilyinjury, sickness or Paragraph A.S. -TRANSFER OF RIGHTS OF n,disease sustained by any person, including RECOVERY AGAINST OTHERS TO US of mentalanguishordeathasaresultofthe"bodilySECTIONIV—BUSINESS AUTO CONDITIONS is injury"sustainedbythatperson.deleted and replacedwiththefollowing5. We will waive the right of recovery we would otherwise have againstanotherpersonororganizationfor"loss"to which this insurance Form: 16-02-0292 (Rev. 4-11) Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission"ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD G.12.b Packet Pg. 341 At t a c h m e n t : I n t e r w e s t C o n s u l t i n g G r o u p , I n c . - 2 0 2 0 - 2 3 ( B u i l d i n g a n d M a n a g e m e n t C o n s u l t a n t S e r v i c e s ) D. As requested on a case by case basis by the Contract Officer, Public Works Maintenance Supervisor Services include,but are not limited to,the following: i. Supervising the City's Public Works Department Maintenance Staff. ii. Reviewing cases and provide direction to the City's Public Works Department Maintenance Staff. iii. Providing written and redline plan check corrections and responses in a timely manner and in accordance with any deadlines provided by City staff. II. As part of the Services, Consultant will prepare and deliver such tangible work products to the City as the City may require from time to time. III. In addition to the requirements of Section 6.2,during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports: A. Consultant shall meet at least bi-monthly with the Planning and Development Services Director and Public Works Director, as applicable, to provide updates on the Services provided under this Agreement. IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City. V. Consultant will utilize the following personnel to accomplish the Services: A. Mark Berg, Deputy Building Official 01247.0005/6068062 A-2 ontrol Supervisor Services include,but are not limited to, the following:i. Supervising the City's Code Enforcement andAnimalControlStaff.H. Assessing City procedures and processes and making recommendation G.12.b Packet Pg. 342 At t a c h m e n t : I n t e r w e s t C o n s u l t i n g G r o u p , I n c . - 2 0 2 0 - 2 3 ( B u i l d i n g a n d M a n a g e m e n t C o n s u l t a n t S e r v i c e s ) EXHIBIT "B" SPECIAL REQUIREMENTS Superseding Contract Boilerplate) Section 1.7 (Further Responsibilities of Parties) is hereby amended as follows stfik-eteugh represents deleted language while bold italics represents added language): a) 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. b) In the event that Consultant utilizes a retired annuitant ofthe California Public Employees' Retirement System ("Annuitant") to perform any services under this Agreement, Consultant shall ensure that the Annuitant's performance of any services under this Agreement is in compliance with all applicable laws, including, but not limited to, the California Public Employees' Retirement System's ("CalPERS") rules and regulations governing the hiring of retired CalPERS annuitants by California cities." II. Section 5.3 (Indemnification) is hereby amended as follows ( represents deleted language while bold italics represents added language): 5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims,damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein"claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance ofthe work,operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable("indemnitors"),or arising from Consultant's or indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors' negligent performance 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; 01247.0005/6068062 B-1 18-usly stated.7.9 Attorney's Fees.If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable,shallbe 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 15-and warranties shall not extend to such use,reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 12-be a partner of 7-without a driver for a period of 45 days or 2) The"insured's"name and address; and less; and 3) To the extent possible, the names and 17. RESULTANT MENTAL ANGUISH COVERAGE -addresses of any injured persons or Paragraph C of- SECTION V—DEFINITIONS is witnesses. deleted and replaced by the following:13. WAIVER OF SUBROGATION Bodilyinjury" means bodilyinjury, sickness or Paragraph A.S. -TRANSFER OF RIGHTS OF n, disease sustained by any person, including RECOVERY AGAINST OTHERS TO US of mental anguish or death as a result of the"bodily SECTION IV—BUSINESS AUTO CONDITIONS is injury"sustainedbythatperson.deleted and replaced with the following5. We will waive the right of recoverywewouldotherwisehaveagainst anotherpersonororganizationfor"loss"to which this insurance Form: 16-02-0292 (Rev. 4-11) Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission"ACORD 25( 2016/03) The ACORD name and logo are registered marks of ACORD G.12.b Packet Pg. 343 At t a c h m e n t : I n t e r w e s t C o n s u l t i n g G r o u p , I n c . - 2 0 2 0 - 2 3 ( B u i l d i n g a n d M a n a g e m e n t C o n s u l t a n t S e r v i c e s ) b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City,its officers, agents, and employees harmless therefrom; c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorney's fees. Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City's negligence, except that design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. d) Consultant's services under this Agreement are being provided to the City as that of an independent contractor. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by the California Public Employees' Retirement System ("CalPERS") or a court of competent jurisdiction to be classified as other than an independent contractor, then Consultant shall indemnify, defend, and hold harmless the City, its officers, employees and agents from any and all assessed fines, penalties, judgments and/or employer contributions to CalPERS for CalPERS retirement benefits on behalf of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable, as well as for the payment of any interest on such fines, penalties, judgments or CalPERS contributions, including such payments which would otherwise be the responsibility ofthe City. Consultant's obligations under this Section 5.3(d)shall be in addition to any other obligation of the Consultant to indemnify, defend, and hold harmless the City, its officers, employees and agents." 01247.0005/606806.2 B-2 and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 12-be a partner of 7-without a driver for a period of 45 days or 2) The"insured's"name and address; and less; and 3) To the extent possible, the names and 17. RESULTANT MENTAL ANGUISH COVERAGE -addresses of any injured persons or Paragraph C of-SECTION V—DEFINITIONS is witnesses. deleted and replaced by the following:13. WAIVER OF SUBROGATION Bodilyinjury" means bodilyinjury, sickness or Paragraph A.S. -TRANSFER OF RIGHTS OF n,disease sustained by any person, including RECOVERY AGAINST OTHERS TO US of mental anguish or death asaresultofthe"bodily SECTION IV—BUSINESS AUTOCONDITIONSisinjury"sustained by that person.deletedandreplacedwiththefollowing 5. We will waive the right of recovery we would otherwise have against another person or organizationfor"loss"to which this insurance Form: 16-02-0292 (Rev. 4-11) Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission"ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD G.12.b Packet Pg. 344 At t a c h m e n t : I n t e r w e s t C o n s u l t i n g G r o u p , I n c . - 2 0 2 0 - 2 3 ( B u i l d i n g a n d M a n a g e m e n t C o n s u l t a n t S e r v i c e s ) EXHIBIT "C" SCHEDULE OF COMPENSATION I.Consultant shall perform the Services in Exhibit A at the following rates: SERVICE RATE A. Deputy Building Official Services 115.00/hour B. ICC Certified Plans Examiner Services 100.00/hour C. Code Enforcement/Animal Control Supervisor $115.00/hour Services D. Public Works Maintenance Supervisor Services $115.00/hour H. 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. HI. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement. 01247.0005/606806.2 C-1 nder 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 willfulactsoromissions, but, to the fullest extent permitted by law, shall G.12.b Packet Pg. 345 At t a c h m e n t : I n t e r w e s t C o n s u l t i n g G r o u p , I n c . - 2 0 2 0 - 2 3 ( B u i l d i n g a n d M a n a g e m e n t C o n s u l t a n t S e r v i c e s ) EXHIBIT "D" SCHEDULE OF PERFORMANCE I.Consultant shall commence performance of all Services within 3 business days of this Agreement's complete execution by the parties. Consultant shall further perform all Services timely in accordance with the schedules to be developed by Consultant and subject to the written approval of the Contract Officer. II. In addition to any other tangible work products required by this Agreement, Consultant shall deliver such tangible work products that the City may require from time to time. III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. IV. The City in its sole discretion may extend the term of this Agreement in writing by two (2) terms of one (1)year each. D-1 G.12.b Packet Pg. 346 At t a c h m e n t : I n t e r w e s t C o n s u l t i n g G r o u p , I n c . - 2 0 2 0 - 2 3 ( B u i l d i n g a n d M a n a g e m e n t C o n s u l t a n t S e r v i c e s ) CITY OF GRAND TERRACE CITY COUNCIL, CITY COUNCIL AS THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY MINUTES ● JANUARY 11, 2022 Council Chamber Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace ATTACHMENTS TO January 11, 2022 City Council Minutes PowerPoint Presentations Procedure for Filling a City Council Vacancy January 11, 2022 Consideration of a Procedure to Fill a City Council Vacancy This staff report supports City Council Goal #5, “Engage in Proactive Communication” by allowing community input on potential procedures on filling City Council vacancies. In 2021, the City Council approved a Future Agenda Item request from City Council Member Robles to consider the adoption of a policy to govern how the City Council will fill a vacancy on the City Council should a seat become vacant during the term of office. Specifically, the policy would require the City Council to appoint the candidate who received the most votes at the most recent election (for which a City Council seat was on the ballot), but who was not elected to office. State Law Requirements Government Code Section 36512 governs the vacancy filling process. Two options are available to the City Council: 1.Appoint someone to fill the vacancy; or 2.Call a special election to fill the vacancy. Action must occur within 60 days of the vacancy. Authority to Create Own Appointment Process There is no process to fill a vacancy under state law. The City Council has authority to establish its own process to determine how a vacancy can be filled by appointment with three state law restrictions: 1.The appointment must be made within 60 days of the commencement of the vacancy. 2.The term of the appointee must be compliance with Government Code Section 36512. 3.The appointee must otherwise be eligible for holding office, including compliance with age and residency requirements. Options for Consideration The City Council has the discretion to adopt an appointment procedure it desires if the City Council chooses not to fill the seat by a special election. Accept applications, conduct interviews, and appoint without any guidelines or selection criteria. Appoint the next highest vote-getter from the last general municipal election. Establish criteria to be considered for appointment, such as previous candidates for office and vote count, participation in the City, or other criteria as the City Council may desire. Ideas for Implementation Make requirements mandatory Provide list of “things to consider” when considering who to appoint Implementation –Resolution or Ordinance? Whether by ordinance or resolution, the policy can always be changed by future City Councils. Resolution can be amended at any time without notice – therefore greater flexibility. If by ordinance, less flexibility due to two readings and 30-day waiting period before new ordinance takes effect. 60-day limit to make appointment may not work. Questions?