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02/08/2022CITY OF GRAND TERRACE CITY COUNCIL AGENDA ● FEBRUARY 8, 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 February 8, 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 February 8, 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: 847 5738 7427 Password: 138769 The City wants you to know that you can also submit your comments by email to ccpubliccomment@grandterrace- ca.gov. To give the City Clerk adequate time to print out your comments for consideration at the meeting, please submit your written comments prior to 5:00 p.m.; or if you are unable to email, please call the City Clerk’s Office at (909) 824-6621 x230 by 5:00 p.m. If you wish to have your comments read to the City Council during the appropriate Public Comment period, please indicate in the Subject Line “FOR PUBLIC COMMENT” and list the item number you wish to comment on. Comments that you want read to the City Council will be subject to the three (3) minute time limitation (approximately 350 words). Pursuant to the provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting. PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 1st Floor Lobby Area and 2nd Floor Reception Area during regular business hours and on the City’s website www.grandterrace-ca.gov. For further information regarding agenda items, please contact the office of the City Clerk at (909) 824-6621 x230, or via e-mail at dthomas@grandterrace- ca.gov. Any documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk’s office at City Hall located at 22795 Barton Road during normal business hours. In addition, such documents will be posted on the City’s website at www.grandterrace-ca.gov. AMERICANS WITH DISABILITIES ACT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office, (909) 824-6621 x230 at least 48 hours prior to the advertised starting time of the meeting. This will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Later requests will be accommodated to the extent feasible. Agenda Grand Terrace City Council February 8, 2022 City of Grand Terrace Page 2 CALL TO ORDER Convene City Council Invocation Pledge of Allegiance Roll Call Attendee Name Present Absent Late Arrived Mayor Darcy McNaboe    Mayor Pro Tem Bill Hussey    Council Member Sylvia Robles    Council Member Doug Wilson    Council Member Jeff Allen    A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA B. SPECIAL PRESENTATIONS - NONE C. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the City Council at one time without discussion. Any Council Member, Staff Member, or Citizen may request removal of an item from the Consent calendar for discussion. 1. Waive Full Reading of Ordinances on Agenda DEPARTMENT: CITY CLERK 2. Approval of Minutes – Regular Meeting – 01/25/2022 DEPARTMENT: CITY CLERK 3. October 14, 2021, Parks & Recreation Advisory Committee and December 6, 2021, Historical & Cultural Activities Committee Meeting Minutes Update RECOMMENDATION: Receive and file. DEPARTMENT: CITY CLERK Agenda Grand Terrace City Council February 8, 2022 City of Grand Terrace Page 3 4. 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 RECOMMENDATION: 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 DEPARTMENT: CITY CLERK 5. City of Grand Terrace Legislative Platform for Assemblymember Reyes and State Senator Leyva to Advance in California State Assembly and Senate RECOMMENDATION: Receive and file. DEPARTMENT: CITY MANAGER 6. A Resolution Supporting "Our Neighborhood Voices" Initiative to Ensure Local Zoning and Land-Use Issues Are Locally Governed Rather Than Being Subject to Statewide Regulations RECOMMENDATION: That the City Council adopt a Resolution to Support "Our Neighborhood Voices" Initiative DEPARTMENT: CITY MANAGER 7. Approval of Amendments to the Agreements Between the City of Grand Terrace and Willdan Engineering and Interwest Consulting Group, Inc. to Extend the Terms Thereof and to Increase the Compensation of the Willdan Engineering Agreement; and Authorize the City Manager to Terminate the Agreement for On-Call Engineering Services with TKE Engineering, Inc. RECOMMENDATION: 1. Authorize the City Manager to take all actions necessary to terminate the Agreement for On-Call Engineering Services with TKE Engineering, Inc. (dated July 14, 2020), without cause, in a manner consistent with such Agreement; 2. Approve Amendment No. 1 to the Agreement for On-Call Engineering Services with Willdan Engineering (dated July 14, 2020), which extends the Agreement to July 14, Agenda Grand Terrace City Council February 8, 2022 City of Grand Terrace Page 4 2023, and increases the total compensation by $43,290 (total compensation $93,290); 3. Approve Amendment No. 2 to the Agreement for On-Call Engineering Services with Interwest Consulting Group Inc. (dated July 14, 2020), which extends the Agreement to July 14, 2023; and 4. Authorize the Mayor to execute the above-mentioned amendments subject to the City Attorney’s approval as to form. DEPARTMENT: PUBLIC WORKS 8. Stormwater and Wastewater Permit Fee Payment RECOMMENDATION: 1. Approve payment of the stormwater and wastewater permit fee from the State Water Resources Control Board (SWRCB) in the amount of $10,602.00; and 2. Authorize the City Manager to make payment of all future stormwater and wastewater permit fee invoices from the SWRCB to be paid on an annual basis. DEPARTMENT: PUBLIC WORKS 9. Authority to Apply for a Grant Under CalRecycle's SB 1383 Local Assistance Grant Program RECOMMENDATION: Approve a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AUTHORIZING SUBMITTAL OF A GRANT APPLICATION FOR CALRECYCLE’S SB 1383 LOCAL ASSISTANCE GRANT PROGRAM FOR WHICH THE CITY OF GRAND TERRACE IS ELIGIBLE DEPARTMENT: PUBLIC WORKS D. PUBLIC COMMENT This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the City Council may not discuss or act on any item not on the agenda but may briefly respond to statements made or ask a question for clarification. The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. E. PUBLIC HEARINGS 10. Prioritization of Funding Recommendations for Community Development Block Grant (CDBG) Funds for Program Year 2022-23 Agenda Grand Terrace City Council February 8, 2022 City of Grand Terrace Page 5 RECOMMENDATION: 1) Conduct a public hearing for the prioritization of eligible applications for 2022-23 Community Development Block Grant (CDBG) funding; and, 2) Prioritize funding allocations and authorize staff to submit the City's CDBG funding recommendation to the County of San Bernardino Economic Development Agency. DEPARTMENT: PUBLIC WORKS F. UNFINISHED BUSINESS - NONE G. NEW BUSINESS 11. Guidelines for Filling City Council Vacancies by Appointment RECOMMENDATION: Consider adoption of a Resolution Approving Guidelines for Filling City Council Vacancies by Appointment or provide other direction DEPARTMENT: CITY ATTORNEY H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE I. CITY COUNCIL COMMUNICATIONS Council Member Jeff Allen Council Member Doug Wilson Council Member Sylvia Robles Mayor Pro Tem Bill Hussey Mayor Darcy McNaboe J. CITY MANAGER COMMUNICATIONS K. CLOSED SESSION - NONE Agenda Grand Terrace City Council February 8, 2022 City of Grand Terrace Page 6 L. ADJOURN The Next Regular City Council Meeting will be held on Tuesday, February 22, 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 MINUTES ● JANUARY 25, 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 and City Council as the Housing Authority. INVOCATION The Invocation was given by Pastor Tim Miller of Heritage Baptist Church. PLEDGE OF ALLEGIANCE Attendee Name Title Status Arrived Darcy McNaboe Mayor Present Bill Hussey Mayor Pro Tem Absent 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 None. B. SPECIAL PRESENTATIONS Certificates of Recognition were given to the Grand Terrace Lady Titans Cheer Competition for their participation at the 2021 Jr. All American Football Southern California Cheer Competition held on November 7, 2021. C. CONSENT CALENDAR RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Council Member SECONDER: Doug Wilson, Council Member AYES: Darcy McNaboe, Sylvia Robles, Doug Wilson, Jeff Allen ABSENT: Bill Hussey 1. Waive Full Reading of Ordinances on Agenda 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 2 5 , 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 January 25, 2022 City of Grand Terrace Page 2 2. Approval of Minutes – Regular Meeting – 01/11/2022 APPROVE THE REGULAR MEETING MINUTES OF JANUARY 11, 2022 3. City Department Monthly Activity Report - November 2021 RECEIVE AND FILE. 4. Approval of the November-2021 Check Register in the Amount of $374,857.40 APPROVE THE CHECK REGISTER NO. 11302021 IN THE AMOUNT OF $374,857.40 AS SUBMITTED, FOR THE MONTH ENDING NOVEMBER 30, 2021. 5. Approval of the December-2021 Check Register in the Amount of $473,787.14 APPROVE THE CHECK REGISTER NO. 12312021 IN THE AMOUNT OF $473,787.14 AS SUBMITTED, FOR THE MONTH ENDING DECEMBER 31, 2021. 6. Housing Successor Agency Annual Financial Report for the Year Ended June 30, 2021 RECEIVE AND FILE THE AUDITOR'S ANNUAL FINANCIAL REPORT AND RELATED DOCUMENT FOR THE CITY'S HOUSING SUCCESSOR AGENCY. 7. CARES Act Grant Match 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. 9. Grant Selection for Replacement of Gasoline Powered Senior Bus 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. Agenda Item No. 6 is a Housing Authority item. 6. Housing Successor Agency Annual Financial Report for the Year Ended June 30, 2021 RECEIVE AND FILE THE AUDITOR'S ANNUAL FINANCIAL REPORT AND RELATED DOCUMENT FOR THE CITY'S HOUSING SUCCESSOR AGENCY. RESULT: APPROVED [UNANIMOUS] MOVER: Sylvia Robles, Board Member SECONDER: Jeff Allen, Board Member AYES: Darcy McNaboe, Sylvia Robles, Doug Wilson, Jeff Allen ABSENT: Bill Hussey Agenda Item No. 8 was pulled for discussion 8. Approval of an Agreement Between The City of Grand Terrace and CleanStreet, LLC for Street Sweeping Services Konrad Bolowich, City Manager gave the staff report for this item. 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 2 5 , 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 January 25, 2022 City of Grand Terrace Page 3 PUBLIC COMMENT Bobbie Forbes, Grand Terrace expressed her concern with the City’s street sweeping service company and what she describes as the vendor’s lack of quality service. Council Member Allen moved, with a second from Council Member Wilson to direct staff to explore options for a one-year contract and to report back to City Council at its February 8, 2022, regular meeting with a potential contract. RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Council Member SECONDER: Doug Wilson, Council Member AYES: Darcy McNaboe, Sylvia Robles, Doug Wilson, Jeff Allen ABSENT: Bill Hussey Agenda Item No. 10 was pulled for discussion 10. City of Grand Terrace Legislative Platform for Assemblymember Reyes and State Senator Leyva to Advance in California State Assembly and Senate Konrad Bolowich, City Manager gave the staff report for this item. Council Member Wilson moved, with a second from Council Member Allen to direct staff to add Road Improvements, Storm Water and Flood Control Infrastructure to the 2022/2023 Legislative Priorities, with an emphasis on the above stated items, and bring back the updated 2022/2023 Legislative Priorities at the next regular meeting of the City Council. RESULT: APPROVED [UNANIMOUS] MOVER: Doug Wilson, Council Member SECONDER: Jeff Allen, Council Member AYES: Darcy McNaboe, Sylvia Robles, Doug Wilson, Jeff Allen ABSENT: Bill Hussey D. PUBLIC COMMENT Bobbie Forbes, Grand Terrace informed the City Council that she has been attending the City of Colton City Council and Planning Commission meetings and they have approved a huge warehouse at Barton Road and La Cadena with upwards of 600 traveling trucks a day that a member of Colton’s City Council wants diverted through the City of Grand Terrace’s roundabout which she opposes. E. PUBLIC HEARINGS - NONE F. UNFINISHED BUSINESS - NONE 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 2 5 , 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 January 25, 2022 City of Grand Terrace Page 4 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 Haide Aguirre, Associate Planner gave the PowerPoint presentation for this item. PUBLIC COMMENT Bobbie Forbes, Grand Terrace expressed her concern regarding SB 9 accessory dwelling units and asked the City Council to make it so restrictive that it cannot take place in the community. (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). RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Council Member SECONDER: Doug Wilson, Council Member AYES: Darcy McNaboe, Sylvia Robles, Doug Wilson, Jeff Allen ABSENT: Bill Hussey 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 Luis Gardea, Building Office gave the PowerPoint presentation for this item. 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 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 2 5 , 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 January 25, 2022 City of Grand Terrace Page 5 RESULT: APPROVED [UNANIMOUS] MOVER: Sylvia Robles, Council Member SECONDER: Doug Wilson, Council Member AYES: Darcy McNaboe, Sylvia Robles, Doug Wilson, Jeff Allen ABSENT: Bill Hussey H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL 1. Motion: Reverse AB 9 Accessory Dwelling Units - Our Neighborhood Voices Initiative Requested by: Mayor Pro Tem Bill Hussey RESULT: ADOPTED [UNANIMOUS] MOVER: Darcy McNaboe, Mayor SECONDER: Jeff Allen, Council Member AYES: Darcy McNaboe, Sylvia Robles, Doug Wilson, Jeff Allen ABSENT: Bill Hussey 2. Motion: Vacant Property Ordinance Review • Commercial and Residential Requested by: Mayor Darcy McNaboe RESULT: ADOPTED [UNANIMOUS] MOVER: Darcy McNaboe, Mayor SECONDER: Sylvia Robles, Council Member AYES: Darcy McNaboe, Sylvia Robles, Doug Wilson, Jeff Allen ABSENT: Bill Hussey 3. Motion: 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 RESULT: ADOPTED [UNANIMOUS] MOVER: Darcy McNaboe, Mayor SECONDER: Jeff Allen, Council Member AYES: Darcy McNaboe, Sylvia Robles, Doug Wilson, Jeff Allen ABSENT: Bill Hussey 4. Motion: Enforcement of Commercial Property Maintenance Requested by: Mayor Darcy McNaboe 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 2 5 , 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 January 25, 2022 City of Grand Terrace Page 6 RESULT: ADOPTED [UNANIMOUS] MOVER: Darcy McNaboe, Mayor SECONDER: Sylvia Robles, Council Member AYES: Darcy McNaboe, Sylvia Robles, Doug Wilson, Jeff Allen ABSENT: Bill Hussey I. CITY COUNCIL COMMUNICATIONS Council Member Jeff Allen Nothing to Report. Council Member Doug Wilson Nothing to Report. Council Member Sylvia Robles Council Member Robles announced that she is serving on the League of California Cities’ Governance, Transparency and Labor Relations. Mayor Darcy McNaboe Nothing to Report. J. CITY MANAGER COMMUNICATIONS City Manager Bolowich announced: • City staff handed out about 1,500 COVID-19 test kits to the residents. • An interim city engineer has been temporarily brought on board to help the City with some of the pavement and street issues. • Met with FSA and have offered up the City’s Code Enforcement officers to assist in meal delivery to shut in seniors and to also perform welfare checks. • The former reserved parking space in front of City Hall is now reserved for Grand Terrace residents only. K. RECESS TO CLOSED SESSION Mayor McNaboe recessed the regular meeting of the City Council at 8:00 p.m. 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 Mayor McNaboe reconvened the regular meeting of the City Council at 8:18 p.m. 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 2 5 , 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 January 25, 2022 City of Grand Terrace Page 7 REPORT OUT OF CLOSED SESSION Mayor McNaboe announced that there was no reportable action taken. L. ADJOURN Mayor McNaboe adjourned the Regular Meeting of the City Council at 8:20 p.m. The next Regular City Council Meeting will be held on Tuesday, February 8, 2022, at 6:00 p.m. _________________________________ Darcy McNaboe, Mayor _________________________________ Debra L. Thomas, City Clerk C.2 Packet Pg. 13 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J a n 2 5 , 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: February 8, 2022 Council Item TITLE: October 14, 2021 Parks & Recreation Advisory Committee and December 6, 2021 Historical & Cultural Activities Committee Meeting Minutes Update PRESENTED BY: Debra Thomas, City Clerk RECOMMENDATION: Receive and file. 2030 VISION STATEMENT: This staff report supports Goal #5, Engage in Proactive Communication. BACKGROUND: Beginning with the November 14, 2017, City Council meeting, the City Clerk was directed by the City Manager to provide Council with a copy of the Planning Commission, Historical & Cultural Activities Committee and Volunteer Emergency Operations Committee minutes to keep Council up-to-date on those Commission/Committee activities and on January 16, 2018, the City Manager requested that the Parks & Recreation Advisory minutes be included in the Committee/Commission Report. DISCUSSION: Planning Commission – Nothing to Report On January 13, 2022, the Parks & Recreation Advisory Committee held its Regular Meeting and approved its October 14, 2021, Regular Meeting minutes. The minutes for this meeting is included as an attachment to this report. The Commission’s next Regular Meeting is scheduled for February 10, 2022. On January 10, 2022, the Historical & Cultural Activities Committee held its Special Meeting and approved its December 6, 2021, Regular Meeting minutes. The minutes for this meeting is included as an attachment to this report. The Committee’s next Regular Meeting is scheduled for February 7, 2022. Historical & Cultural Activities Committee – Nothing to Report. FISCAL IMPACT: None. C.3 Packet Pg. 14 ATTACHMENTS: • 10-14-2021 P&R Minutes (PDF) • December 6, 2021 H&C Minutes (PDF) APPROVALS: Debra Thomas Completed 01/28/2022 2:43 PM City Manager Completed 01/28/2022 2:47 PM City Council Pending 02/08/2022 6:00 PM C.3 Packet Pg. 15 CITY OFGRAND TERRACE PARKS & RECREATION ADVISORY COMMITTEE REGULAR MEETING October 14, 2021 – 4:15 p.m. City Hall Community Room – North 22795 Barton Road, Grand Terrace, CA 92313 MINUTES Chairman Brian Phelps convened the Regular Meeting of the Parks & Recreation Advisory Committee at 4:25 p.m. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Vice-Chair Julia Firnkoess ROLL CALL: Present: Committee Member Freund; Vice-Chair Firnkoess and; Chairman Phelps Absent: Committee Member Reagan Staff: Debra Thomas, City Clerk; Eric Weck, Public Works Director/City Engineer 1. Approve September 9, 2021, Regular Meeting Minutes Committee Member Freund, moved, with a second from Vice-Chair Firnkoess to approve the September 9, 2021, Regular Meeting Minutes. Ayes: Committee Member, Freund; Vice-Chair Firnkoess; Chairman Phelps Absent: Committee Member Reagan 2. Public Comments None. C.3.a Packet Pg. 16 At t a c h m e n t : 1 0 - 1 4 - 2 0 2 1 P & R M i n u t e s ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) Minutes Parks & Recreation Advisory Committee October 14, 2021 3. Discussion: a. FY 2021-2022 Project Requests and Recommendations Update i. Poured-in-Place Rubberized Playground – TJ Austin Park ii. Additional Fencing installed at Veteran’s Freedom Park iii. Pilot Program – Water Bottle Filling Station Installed at Richard Rollins Park iv. Bicycle Racks installed at all City Parks Eric Weck, Public Works Director/City Engineer informed the Committee that the above items will cost the City approximately $55,000. He is requesting funding from the American Rescue Plan Act of 2021 that the City’s Interim Finance Director will be bringing to City Council at its November 9, 2021, City Council meeting for approval. He will bring another status update to the Committee at its next scheduled meeting. b. Parks & Recreation Advisory Committee Skatepark Presentation to City Council – Update Chairman Phelps provided an update to the Committee on his PowerPoint presentation that was presented to the City Council at its regular meeting of October 12, 2021 and gave each a hard copy of the presentation. 4. Committee Member Comments Vice-Chair Firnkoess requested staff bring back to City Council its recommendation that the City sell Veteran’s Day signs to the public and establish an ordinance allowing the placement in residents’ yards. Committee Member Freund asked what the status is of the new “Kyle’s Field” sign to be installed at Veteran’s Freedom Park honoring Kyle Bacon Garcia. City Clerk Thomas stated staff would look into it and bring an update back to the Committee. 5. Staff Comments Debra Thomas, City Clerk informed the Committee that its November 11, 2021, regular meeting would need to be cancelled. C.3.a Packet Pg. 17 At t a c h m e n t : 1 0 - 1 4 - 2 0 2 1 P & R M i n u t e s ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) Minutes Parks & Recreation Advisory Committee October 14, 2021 6. Adjournment Chairman Phelps adjourned the Regular Meeting of the Parks & Recreation Advisory Committee at 5:15 p.m. ___________________________ ________________________________ Brian Phelps, Chairman Debra L. Thomas, Committee Secretary . Next Meeting Date: December 9, 2021 @ 4:15 p.m. C.3.a Packet Pg. 18 At t a c h m e n t : 1 0 - 1 4 - 2 0 2 1 P & R M i n u t e s ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) Historical and Cultural Activities Committee Minutes for month of – December 6, 2021 Location – 2nd Floor conference Room Members present – Christina Valdivia-Phelps, Renae Walker, Frank’e Byma, Louise Lunstrum and Debra Thomas - City Clerk Members Absent – Mary Beth Correra, Michelle Greer and Becky Giroux Guests – Called to order – 5:56 pm Secretary’s Report: October and November minutes read Christina motioned to accept, Frank’e 2nd 4 yes 0 no 0 abstain Treasurers Report: Frank’e read the treasurers report Renae motioned to accept, Christina 2nd 4 yes 0 no 0 abstain Historical Report: Old Business: Becky has ordered table cloths. She is looking for a head count. Becky invited the new owner of New to You shop. We will arrive at 4pm to help Frank’e and complete set up. Christina has a compressor to help blow up balloons for the centerpieces. School is sending power point by Friday. Renae motioned to reimburse Frank’e for the center pieces, Louise 2nd 4 yes 0 no 0 abstain. New Business: Art Show – Debra will be providing info for us Funds for events. We were told we get $600/year. We did not receive in 2021. Meeting adjourned – 6:22 pm C.3.b Packet Pg. 19 At t a c h m e n t : D e c e m b e r 6 , 2 0 2 1 H & C M i n u t e s ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) AGENDA REPORT MEETING DATE: February 8, 2022 Council, Successor Agency & Housing Authority Item TITLE: 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 PRESENTED BY: Debra Thomas, City Clerk RECOMMENDATION: 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 2030 VISION STATEMENT: This staff report supports City Council Goal #2, “Maintain Public Safety” and Goal #5 “Engage in Proactive Communication” by ensuring that the health and safety of members of the public are protected during Council meetings while ensuring access to such meetings pursuant to State Law. BACKGROUND: On October 12, 2021, the City Council approved a Resolution No. 2021-40 (Attachment I) to continue conducting City Council meetings, and all associated agency, authority, and committee meetings, both in-person and remotely due to the Governor’s declaration of a state of emergency and state and local officials have imposed or recommended measures to promote social distancing. The City Council made findings that the requisite conditions exist for the legislative bodies of the Council C.4 Packet Pg. 20 to conduct both in-person and remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of section 54953. Pursuant to Government Code Section 54953(e)(3), in order for all legislative bodies to continue meeting remotely, the Council must declare every 30 days that: 1. The legislative body has reconsidered the circumstances of the state of emergency; and 2. Either the state of emergency continues to directly impact the ability of the members to meet safely in person, or State or local officials continue to impose or recommend measures to promote social distancing. DISCUSSION: Emergency conditions persist in San Bernardino County and throughout the state. The Governor’s State of Emergency, declared on March 4, 2020, is ongoing. The local proclamation of emergency, made by the City Council on March 24, 2020, Resolution No. 2020-05 (Attachment II), ratifying the Declaration and Proclamation of a Local Emergency (Attachment III) in response to COVID-19 in the City of Grand Terrace, continues to exist until its termination is proclaimed by the City Council. Due to the continued threat of COVID-19, state and county governments continue to recommend multiple layers of protection against COVID-19, including physical distancing, for the safety of employees and members of the public. Accordingly, the findings to continue the invocation of AB 361 remain in effect. FISCAL IMPACT: None. ATTACHMENTS: • Attachment I (PDF) • Attachment II (PDF) • Attachment III (PDF) APPROVALS: Debra Thomas Completed 01/28/2022 2:22 PM City Manager Completed 02/03/2022 11:51 AM City Council Pending 02/08/2022 6:00 PM C.4 Packet Pg. 21 C.4.a Packet Pg. 22 At t a c h m e n t : A t t a c h m e n t I ( R e - A u t h o r i z e R e m o t e T e l e c o n f e r e n c e A B 3 6 1 ) C.4.a Packet Pg. 23 At t a c h m e n t : A t t a c h m e n t I ( R e - A u t h o r i z e R e m o t e T e l e c o n f e r e n c e A B 3 6 1 ) C.4.a Packet Pg. 24 At t a c h m e n t : A t t a c h m e n t I ( R e - A u t h o r i z e R e m o t e T e l e c o n f e r e n c e A B 3 6 1 ) C.4.a Packet Pg. 25 At t a c h m e n t : A t t a c h m e n t I ( R e - A u t h o r i z e R e m o t e T e l e c o n f e r e n c e A B 3 6 1 ) C.4.a Packet Pg. 26 At t a c h m e n t : A t t a c h m e n t I ( R e - A u t h o r i z e R e m o t e T e l e c o n f e r e n c e A B 3 6 1 ) RESOLUTION NO. 2020-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RATIFYING, DECLARING AND PROCLAIMING A LOCAL EMERGENCY IN RESPONSE TO COVID-19 WHEREAS, in December 2019, an outbreak of respiratory illness due to a novel coronavirus (COVID-19) was first identified in Wuhan City, Hubie Province, China; and WHEREAS, the Center for Disease Control and Prevention (CDC) considers COVID-19 to be a very serious public health threat with outcomes ranging from very mild including some with no reported symptoms)to severe, including illness resulting in death; and WHEREAS, according to the CDC, there is no vaccine to prevent COVID-19 and there is no specific antiviral treatment recommended for COVID-19 at this time; and WHEREAS, on January 30, 2020, the World Health Organization declared a Public Health Emergency of International Concern over the global spread of COVID-19; and WHEREAS, on January 31, 2020, Health and Human Services declared a Public Health Emergency for the United States to aid the nation's healthcare community in responding to COVID-19; and WHEREAS, the California Department of Public Health (CDPH) has activated its Medical and Health Coordination Center, and the Office of Emergency Services recently activated the State Operations Center to provide support and guide actions to preserve public health; and WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a State of Emergency for the State of California; and WHEREAS, on March 11, 2020, the World Health Organization characterized COVID-19 as a "pandemic"; and WHEREAS, on March 12, 2020, Governor Newsom issued Executive Order N-25- 20 regarding COVID-19; and WHEREAS, on March 12, 2020, the San Bernardino County Health Official issued an order related to COVID-19, which was subsequently revised by their March 16, 2020, order (see below); and WHEREAS, on March 13, 2020, President Trump declared a National State of Emergency in response to increased spread of COVID-19; and WHEREAS, on March 16, 2020, Governor Newsom issued Executive Order N-28- 20 regarding COVID-19; and C.4.b Packet Pg. 27 At t a c h m e n t : A t t a c h m e n t I I ( R e - A u t h o r i z e R e m o t e T e l e c o n f e r e n c e A B 3 6 1 ) WHEREAS, on March 17, 2020, the San Bernardino County Health Official issued an order cancelling all meetings; and WHEREAS, there are no known cases of COVID-19 within the City of Grand Terrace, but COVID-19 is easily transmissible from person to person and as of March 17, 2020, has spread globally to over 151 countries and territories, has infected more than 179,000 individuals and killed more than 7,000 individuals per the World Health Organization; and WHEREAS, it is imperative to prepare for and respond to suspected or confirmed COVID-19 cases within the City, and to prepare to respond to an increasing number or individuals who may require medical care; and WHEREAS, strict compliance with certain Municipal Code and other City regulations would prevent, hinder, or delay appropriate actions to prevent and mitigate the effects of the COVID-19, which issue cannot be timely addressed absent a declaration of emergency; and WHEREAS, per Government Code Section 8630 a declaration of a local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the City Council; and WHEREAS, Section 2.28.060 of the Grand Terrace Municipal Code appoints the City Manager as Director of Emergency Services, and empowers the Director request the City Council to proclaim the existence or threatened existence of a local emergency if the City Council is in session, or to issue such proclamation if the City Council is not in session; and WHEREAS, out of an abundance of caution to protect the health, safety, and welfare of the community, the Director of Emergency Services requested the City Council to proclaim a local emergency due to the public health threat caused by COVID-19; and NOW, THEREFORE, THE GRAND TERRACE CITY COUNCIL DOES HEREBY RESOLVE, AS FOLLOWS: SECTION 1. The conditions of extreme peril to the safety of persons and property have arisen within the City of Grand Terrace, caused by the effects of COVID-19. SECTION 2. The aforementioned conditions of extreme peril warrant and necessitate the proclamation of the existence of a local emergency by the City, as the means to resolve the conditions of extreme peril will probably exceed the capability of the City. SECTION 3. The City Council does hereby ratify the proclamation of emergency by the City Manager as Director of Emergency Services on March 19, 2020 and the City Council hereby further declares and proclaims the existence of a local emergency. 2020-05 CC Reso Page 2 of 4 March 24, 2020 C.4.b Packet Pg. 28 At t a c h m e n t : A t t a c h m e n t I I ( R e - A u t h o r i z e R e m o t e T e l e c o n f e r e n c e A B 3 6 1 ) SECTION 4. During the existence of such local emergency, the powers, functions, and duties of the City Manager as Director of Emergency Services and the Disaster Council of this City shall be those prescribed by State Law, Chapter 2.28 of the Grand Terrace Municipal Code, and ordinances and resolutions of this City, and approved plans of the City in order to mitigate the effects of the local emergency. SECTION 5. In addition to the powers, functions, and duties already prescribed above, the Council desires to make clear the powers, functions, and duties include: a) As necessary for the public health, life, and property, entering into contracts to arrange for the procurement of materials, goods, and services needed to assist in preparing for, containing, responding to, mitigating the effects of, and recovering from the spread of COVID-19. b) Applicable provisions of the Government Code and the Public Contract Code, including but not limited to travel, advertising, and competitive bidding requirements, as well as any City procurement or related policy, are suspended to the extent reasonably necessary to address the effects of COVID-19. c) The Emergency Services Director is expressly authorized to assist with any lawful order, including the enforcement of an order of quarantine or curfew, as well as ordering potentially ill City employees to leave the workplace, authorizing certain City employees to work remotely, taking steps to limit non-essential contact by City employees, etc., to address the effects of COVID-19. SECTION 6. The local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council. SECTION 7. The Government Code Section 8630 requirement that the Council review of the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency has been waived for the duration of the statewide emergency declared by Governor Newsom. In the event this declaration of local emergency extends for more than the duration of the statewide emergency declared for COVID-19, City Staff are directed to thereafter return this item for Council review of the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency. SECTION 8. This Resolution shall take effect immediately. A copy of the Proclamation and this Resolution shall be forwarded to the San Bernardino County Operational Area for transmission to California Emergency Management Agency. The City Clerk shall certify to the passage and adoption of this resolution. 2020-05 CC Reso Page 3 of 4 March 24, 2020 C.4.b Packet Pg. 29 At t a c h m e n t : A t t a c h m e n t I I ( R e - A u t h o r i z e R e m o t e T e l e c o n f e r e n c e A B 3 6 1 ) PASSED, APPROVED, AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 24th day of March 2020. Dar Naboe Mayo ATTEST: - - r 1,—)e' J.P"- S--ikA-612-x) Debra L. Thomas City Clerk - APPROVED AS TO ORM: di--/ Adrian R. Guerra City Attorney 2020-05 CC Reso Page 4 of 4 March 24, 2020 C.4.b Packet Pg. 30 At t a c h m e n t : A t t a c h m e n t I I ( R e - A u t h o r i z e R e m o t e T e l e c o n f e r e n c e A B 3 6 1 ) Ncon-OR4,'O 0d OBE,e-R,OiO PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS, in December 2019, an outbreak of respiratory illness due to a novel coronavirus (COVID-19) was first identified in Wuhan City, Hubie Province, China; and WHEREAS, the Center for Disease Control and Prevention (CDC) considers COVID-19 to be a very serious public health threat with outcomes ranging from very mild including some with no reported symptoms)to severe, including illness resulting in death; and WHEREAS, according to the CDC, there is no vaccine to prevent COVID-19 and there is no specific antiviral treatment recommended for COVID-19 at this time; and WHEREAS, on January 30, 2020, the World Health Organization declared a Public Health Emergency of International Concern over the global spread of COVID-19; and WHEREAS, on January 31, 2020, Health and Human Services declared a Public Health Emergency for the United States to aid the nation's healthcare community in responding to COVID-19; and WHEREAS, the California Department of Public Health (CDPH) has activated its Medical and Health Coordination Center, and the Office of Emergency Services recently activated the State Operations Center to provide support and guide actions to preserve public health; and WHEREAS, on March 11, 2020, the World Health Organization characterized COVID-19 as a "pandemic"; and WHEREAS, on March 4, 2020, Governor Newsom proclaimed the existence of a state of emergency; and WHEREAS, on March 12, 2020, Governor Newsom issued Executive Order N-25- 20 regarding COVID-19; and 01247.0001/637377.1 cil. SECTION 7. The Government Code Section 8630 requirement that the Council review of the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency has been waived for the duration of the statewide emergency declared by Governor Newsom. In the event this declaration of local emergency extends for more than the duration of the statewide emergency declared for COVID-19, City Staff are directed to thereafter return this item for Council review of the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency.SECTION 8. This Resolution shall take effect immediately. A copy of the Proclamation and this Resolution shall be forwarded to the San Bernardino County Operational Area for transmission to California Emergency Management Agency.The City Clerk shall certify to the passage and adoption of this resolution.2020-05 CC Reso Page 3 of 4 March 24, 2020 C.4.b Packet Pg. 31 At t a c h m e n t : A t t a c h m e n t I I ( R e - A u t h o r i z e R e m o t e T e l e c o n f e r e n c e A B 3 6 1 ) WHEREAS, on March 13, 2020, President Trump declared a National State of Emergency in response to increased spread of COVID-19; and WHEREAS, the California Emergency Services Act, Government Code Sections 8558(c) and 8630 authorize the proclamation of a local emergency when conditions of a disaster or extreme peril to the safety of persons and property within the territorial limits of a city exist; and WHEREAS, pursuant to Government Code Section 8630 such an emergency may be proclaimed by the governing body or by an official designated by ordinance adopted by the governing body; and WHEREAS, Section 2.28.060 of the Grand Terrace Municipal Code empowers the Director of Emergency Services/City Manager to proclaim the existence or threatened existence of a "local emergency" if the City Council is not in session and requires that the City Council act to ratify the proclamation within seven (7) days thereafter; and WHEREAS, The City Manager, as Director of Emergency Services of the City of Grand Terrace, in accordance with the authority provided under the above provisions of state and local law, does hereby find: 1. That the proclamation of a local emergency warranted by virtue of the extreme peril to the safety of persons and property in the City of Grand Terrace caused by epidemic in the form of the global spread of a severe acute respiratory illness caused by a novel (new) coronavirus ("COVID-19"), including confirmed cases in the State of California and in San Bernardino County prompting the State of California and the County of San Bernardino to declare a local health emergency; and 2. That the City of Grand Terrace officers and employees take all steps as requested by the Director of Emergency Services/City Manager and in accordance with the guidelines as prescribed by the Federal, State and County governments to prevent the spread of COVID-19 and to prevent or alleviate illness or death due to the virus. 3. That the City Council of the City of Grand Terrace is not in session and cannot immediately be called into session. 4. That this proclamation shall be in effect for a period of seven (7) days by which time it must be ratified by the City Council of the City of Grand Terrace, pursuant to Government Code Section 8630 and Grand Terrace Municipal Code Section 2.28.060. NOW, THEREFORE, IT IS HERBY PROCLAIMED that, based upon the foregoing, a local emergency now exists throughout the City of Grand Terrace; and 01247.0001/637377.1 The City Clerk shall certify to the C.4.b Packet Pg. 32 At t a c h m e n t : A t t a c h m e n t I I ( R e - A u t h o r i z e R e m o t e T e l e c o n f e r e n c e A B 3 6 1 ) BE IT FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, ordinances, and resolutions of this City, and by the City of Grand Terrace Emergency Plan. BE IT FURTHER PROCLAIMED AND ORDERED that all City officers and employees take all steps required by the City Manager to qualify the City for reimbursement from the Federal Emergency Management Agency and for other state and federal relief as my be available to reimburse the City for the expenses it incurs in addressing this emergency. Signed this 19th day of March 2020 Time: 5:0o P.M. G. Harol L'' ey Director of mergency Services 01247.0001/637377.1 C.4.b Packet Pg. 33 At t a c h m e n t : A t t a c h m e n t I I ( R e - A u t h o r i z e R e m o t e T e l e c o n f e r e n c e A B 3 6 1 ) STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF GRAND TERRACE I Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2020-05 was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, at the regular meeting of said City Council held on the 24th day of March 2020, and that the same was passed and adopted by the following vote: AYES: Council Members Allen, Hussey, Robles; Mayor Pro Tem Wilson; Mayor McNaboe NOES: None. ABSENT: None ABSTAIN: None. Executed this 25th day of March 2020, at Grand Terrace, California. e ra L. Thomas_ = ; City Clerk C.4.b Packet Pg. 34 At t a c h m e n t : A t t a c h m e n t I I ( R e - A u t h o r i z e R e m o t e T e l e c o n f e r e n c e A B 3 6 1 ) C.4.c Packet Pg. 35 At t a c h m e n t : A t t a c h m e n t I I I ( R e - A u t h o r i z e R e m o t e T e l e c o n f e r e n c e A B 3 6 1 ) C.4.c Packet Pg. 36 At t a c h m e n t : A t t a c h m e n t I I I ( R e - A u t h o r i z e R e m o t e T e l e c o n f e r e n c e A B 3 6 1 ) C.4.c Packet Pg. 37 At t a c h m e n t : A t t a c h m e n t I I I ( R e - A u t h o r i z e R e m o t e T e l e c o n f e r e n c e A B 3 6 1 ) AGENDA REPORT MEETING DATE: February 8, 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: Receive and file. 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. 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: At its regular meeting on January 25, 2022, the City Council reviewed its 2022/2023 Legislative Platform which included fewer requests and carryover from the 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 Development of Legislative Priorities/Advocacy allows City Council members to understand the body’s legislative agenda and work closely with staff, the Assembly and Senate offices. C.5 Packet Pg. 38 After City Council’s review, staff was directed to add road improvements, storm water and flood control infrastructure to the 2022/2023 Legislative Platform, with an emphasis on those items and send the 2022/2023 Legislative Platform to the offices of Assemblymember Reyes and Senator Leyva to advance in the California State Assembly and Senate. The updated 2022/2023 Legislative Priorities with cover letter have been attached to this staff report. 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: • 02-02-2022 - 2022-2023 Legislative Priorities - Assemblymember Reyes (PDF) • 02-02-2022 - 2022-2023 Legislative Priorities - Senator Leyva (PDF) APPROVALS: Konrad Bolowich Completed 02/02/2022 3:05 PM City Manager Completed 02/03/2022 11:51 AM City Council Pending 02/08/2022 6:00 PM C.5 Packet Pg. 39 C.5.a Packet Pg. 40 At t a c h m e n t : 0 2 - 0 2 - 2 0 2 2 - 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 - A s s e m b l y m e m b e r R e y 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 - U p d a t e ) C.5.a Packet Pg. 41 At t a c h m e n t : 0 2 - 0 2 - 2 0 2 2 - 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 - A s s e m b l y m e m b e r R e y 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 - U p d a t e ) C.5.a Packet Pg. 42 At t a c h m e n t : 0 2 - 0 2 - 2 0 2 2 - 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 - A s s e m b l y m e m b e r R e y 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 - U p d a t e ) C.5.a Packet Pg. 43 At t a c h m e n t : 0 2 - 0 2 - 2 0 2 2 - 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 - A s s e m b l y m e m b e r R e y 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 - U p d a t e ) C.5.a Packet Pg. 44 At t a c h m e n t : 0 2 - 0 2 - 2 0 2 2 - 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 - A s s e m b l y m e m b e r R e y 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 - U p d a t e ) C.5.a Packet Pg. 45 At t a c h m e n t : 0 2 - 0 2 - 2 0 2 2 - 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 - A s s e m b l y m e m b e r R e y 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 - U p d a t e ) C.5.a Packet Pg. 46 At t a c h m e n t : 0 2 - 0 2 - 2 0 2 2 - 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 - A s s e m b l y m e m b e r R e y 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 - U p d a t e ) C.5.a Packet Pg. 47 At t a c h m e n t : 0 2 - 0 2 - 2 0 2 2 - 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 - A s s e m b l y m e m b e r R e y 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 - U p d a t e ) C.5.b Packet Pg. 48 At t a c h m e n t : 0 2 - 0 2 - 2 0 2 2 - 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 - 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 - U p d a t e ) C.5.b Packet Pg. 49 At t a c h m e n t : 0 2 - 0 2 - 2 0 2 2 - 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 - 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 - U p d a t e ) C.5.b Packet Pg. 50 At t a c h m e n t : 0 2 - 0 2 - 2 0 2 2 - 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 - 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 - U p d a t e ) C.5.b Packet Pg. 51 At t a c h m e n t : 0 2 - 0 2 - 2 0 2 2 - 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 - 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 - U p d a t e ) C.5.b Packet Pg. 52 At t a c h m e n t : 0 2 - 0 2 - 2 0 2 2 - 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 - 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 - U p d a t e ) C.5.b Packet Pg. 53 At t a c h m e n t : 0 2 - 0 2 - 2 0 2 2 - 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 - 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 - U p d a t e ) C.5.b Packet Pg. 54 At t a c h m e n t : 0 2 - 0 2 - 2 0 2 2 - 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 - 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 - U p d a t e ) C.5.b Packet Pg. 55 At t a c h m e n t : 0 2 - 0 2 - 2 0 2 2 - 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 - 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 - U p d a t e ) AGENDA REPORT MEETING DATE: February 8, 2022 Council Item TITLE: A Resolution Supporting "Our Neighborhood Voices" Initiative to Ensure Local Zoning and Land-Use Issues Are Locally Governed Rather Than Being Subject to Statewide Regulations PRESENTED BY: Konrad Bolowich, City Manager RECOMMENDATION: That the City Council adopt a Resolution to Support "Our Neighborhood Voices" Initiative 2030 VISION STATEMENT: This staff report supports Goal #4, Develop and Implement Successful Partnerships. BACKGROUND & DISCUSSION: Initiative 21-0016 would put a Constitutional Amendment on the Statewide November 2022 ballot to make zoning and land-use locally controlled. It would allow local land use and zoning laws an ability to override conflicting State law. Specifically, the proposed Initiative: • Amends Article XI of the California Constitution. • Prevents the State Legislature and local legislative bodies from passing laws invalidating voter-approved local land-use or zoning initiatives. • Prohibits State from changing, granting, or denying funding to local governments based on their implementation of this measure. • Does not affect Fair Housing Laws or CEQA requirements • Supersedes any previously enacted State laws (SB 9 & SB 10). • Transfers power for zoning and land use from Sacramento back to local agencies. o Exceptions for Coastal Act and large infrastructure projects. By the City of Grand Terrace adopting the proposed Initiative, it will allow the Our Neighborhood Voices to use the City on their list of endorsements. In the past, more endorsements have proven to help influence individuals to support a Measure. Supporting this effort also reinforces the City’s stance on local control FISCAL IMPACT: There is no direct fiscal impact associated with the receiving and filing of this report. C.6 Packet Pg. 56 ATTACHMENTS: • 2022-xx - Support Our Neighborhood Voices Initiative (DOCX) • Exhibit A - Support Our Neighborhood Voices Initiative (PDF) APPROVALS: Konrad Bolowich Completed 01/31/2022 12:34 PM City Attorney Completed 02/01/2022 11:50 AM City Manager Completed 02/01/2022 3:49 PM City Council Pending 02/08/2022 6:00 PM C.6 Packet Pg. 57 CC Reso No. 2022-xx Page 1 of 2 February 8, 2022 RESOLUTION NO. 2022-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, EXPRESSING SUPPORT FOR THE “BRAND- HUANG-MENDOZA TRIPARTISAN LAND USE INITIATIVE” TO AMEND ARTICLE XI OF THE CONSTITUTION OF THE STATE OF CALIFORNIA TO MAKE ZONING AND LAND USE COMMUNITY AFFAIRS, AND NOT OF STATE INTEREST WHEREAS, the legislature of the State of California in recent years has proposed, passed, and signed into law a number of bills addressing a range of land use planning and housing issues; and WHEREAS, the majority of these bills usurp the authority of local jurisdictions to determine for themselves the land use policies and practices that best suit each city and its residents and instead impose “one-size-fits-all” mandates that do not take into account the unique needs and differences of local jurisdictions throughout the State of California; and WHEREAS, the majority of these bills do not provide any incentives or requirements for low-income affordable or moderate income workforce housing, but instead impose new policies that will incentivize speculation and result in the addition of market-rate or luxury housing, thereby eliminating the opportunity for local jurisdictions to implement effective policies that will create more affordable housing and affirmatively further fair housing practices; and WHEREAS, the ability of local jurisdictions to determine for themselves which projects require review beyond ministerial approval; what parking requirements are appropriate for various neighborhoods; what housing plans and programs are suitable and practical for each community; and what zoning should be allowed for residential properties, rather than having these decisions imposed upon cities without regard for the unique circumstances and needs of each individual community, is a matter of critical importance to the City of Grand Terrace and many other municipalities focused on local zoning and housing issues; and WHEREAS, the City Council of the City of Grand Terrace hereby determines that local government entities are best able to assess and respond to the unique needs of their respective communities and hereby objects to the proliferation of State legislation (including SB 9 and SB 10) that would deprive us of that ability. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace, as follows: C.6.a Packet Pg. 58 At t a c h m e n t : 2 0 2 2 - x x - S u p p o r t O u r N e i g h b o r h o o d V o i c e s I n i t i a t i v e ( N e i g h b o r h o o d V o i c e s I n i t i a t i v e ) CC Reso No. 2022-xx Page 2 of 2 February 8, 2022 Section 1. That the City Council of the City of Grand Terrace is opposed to the legislature of the State of California continually proposing and adopting legislation that overrides the zoning and land use authority of local government and inhibits the ability of local government to effectively plan for and implement policies to stimulate the efficient production of affordable housing in the City of Grand Terrace. Section 2. That the City Council of the City of Grand Terrace supports the Brand-Huang-Mendoza Tripartisan Land Use Initiative (attached to the Resolution as Exhibit A) to ensure that zoning and land use authority rests with the local government entities that represent the communities in which the residents reside, and to allow local government to participate in solving our affordable housing crisis through solutions that effectively address the unique needs and conditions of each local community. Section 3. That the City Council of the City of Grand Terrace incorporates each recital set forth herein above. PASSED, APPROVED and ORDERED by the City Council of the City of Grand Terrace, California at a regular meeting held on the 8th day of February 2022. Darcy McNaboe Mayor ATTEST: ________________________________ Debra Thomas City Clerk APPROVED AS TO FORM: Adrian R. Guerra City Attorney C.6.a Packet Pg. 59 At t a c h m e n t : 2 0 2 2 - x x - S u p p o r t O u r N e i g h b o r h o o d V o i c e s I n i t i a t i v e ( N e i g h b o r h o o d V o i c e s I n i t i a t i v e ) November 1, 2021 Initiative 21-0016 (Amdt. 1) The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure: PROVIDES THAT LOCAL LAND-USE AND ZONING LAWS OVERRIDE CONFLICTING STATE LAWS. INITIATIVE CONSTITUTIONAL AMENDMENT. Provides that city and county land-use and zoning laws (including local housing laws) override all conflicting state laws, except in certain circumstances related to three areas of statewide concern: (1) the California Coastal Act of 1976; (2) siting of power plants; or (3) development of water, communication, or transportation infrastructure projects. Prevents state legislature and local legislative bodies from passing laws invalidating voter-approved local land-use or zoning initiatives. Prohibits state from changing, granting, or denying funding to local governments based on their implementation of this measure. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Fiscal effects of the measure depend on future decisions by the cities and counties and therefore are unknown. (21-0016A1.) EXHIBIT "A"C.6.b Packet Pg. 60 At t a c h m e n t : E x h i b i t A - S u p p o r t O u r N e i g h b o r h o o d V o i c e s I n i t i a t i v e ( N e i g h b o r h o o d V o i c e s I n i t i a t i v e ) 58277666.v2 SECTION 1. The people of the State of California find and declare all of the following: (a) The circumstances and environmental impacts of local land use decisions vary greatly across the state from locality to locality. (b) The infrastructure required to maintain appropriate levels of public services, including police and fire services, parklands and public open spaces, transportation, water supply, schools, and sewers varies greatly across the state from locality to locality. (c) Land use decisions made by local officials must balance development with public facilities and services while addressing the economic, environmental, and social needs of the particular communities served by those local officials. (d) Thus, it is in the best interests of the state and local communities for these complex decisions to be made at the local level to ensure that the specific, unique characteristics, constraints, and needs of those communities are properly analyzed and addressed. (e) Gentrification of housing adjacent to public transportation will reduce or eliminate the availability of low or very low income housing near public transit, resulting in the loss of access by low or very low income persons to public transit, declines in public transit ridership, and increases in vehicle miles travelled. (f) The State Legislature cannot properly assess the impacts upon each community of sweeping centralized and rigid state land use rules and zoning regulations that apply across the state without regard to community impacts and, as a result, statewide land use and zoning will do great harm to local communities with differing circumstances and concerns. (g) Community development should not be controlled by state planners, but by local governments that know and can address the needs of, and the impacts upon, local communities. Local initiatives approved by voters pertaining to land use and zoning restrictions should not be nullified or superseded by the actions of any local or state legislative body. (h) Numerous state laws that target communities for elimination of zoning standards have been enacted, and continue to be proposed, that eliminate or erode local control over local development and circumvent the California Environmental Quality Act (“CEQA”), creating the potential for harmful environmental impacts to occur. (i) The purpose of this measure is to ensure that all decisions regarding local land use controls, including zoning law and regulations, are made by the affected communities in accordance with applicable law, including but not limited to CEQA (Public Resources Code § 21000 et seq.), the California Fair Employment and Housing Act (Government Code §§ 12900 – 12996), prohibitions against discrimination (Government Code § 65008), and affirmatively furthering fair housing (Government Code § 8899.50). This constitutional amendment would continue to provide for state control in the coastal zone, the siting of a power plant that can generate more than 50 megawatts of electricity, or the development or construction of water, communication or transportation infrastructure projects which the Legislature declares are matters of statewide concern and are in the best interests of the state. For purposes of this measure, it is the intent that a transportation infrastructure project shall not include a transit-oriented development project that is residential, commercial, or mixed-use. C.6.b Packet Pg. 61 At t a c h m e n t : E x h i b i t A - S u p p o r t O u r N e i g h b o r h o o d V o i c e s I n i t i a t i v e ( N e i g h b o r h o o d V o i c e s I n i t i a t i v e ) 58277666.v2 SECTION 2. Section 4.5 is added to Article XI of the California Constitution, to read: SEC. 4.5. (a) Except as provided in subdivision (b), in the event of a conflict with a state statute, a county charter provision, general plan, specific plan, ordinance or a regulation adopted pursuant to a county charter, that regulates the zoning, development or use of land within the boundaries of an unincorporated area of the county shall be deemed a county affair within the meaning of Section 4 and shall prevail over a conflicting state statute. No voter approved local initiative that regulates the zoning, development or use of land within the boundaries of any county shall be overturned or otherwise nullified by any legislative body. (b) A county charter provision, general plan, specific plan, ordinance or a regulation adopted and applicable to an unincorporated area within a county, may be determined only by a court of competent jurisdiction, in accordance with Section 4, to address either a matter of statewide concern or a county affair if that provision, ordinance, or regulation conflicts with a state statute with regard to only the following: (1) The California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), or a successor statute. (2) The siting of a power generating facility capable of generating more than 50 megawatts of electricity and the California Public Utilities Commission has determined that a need exists at that location that is a matter of statewide concern. (3) The development or construction of a water, communication or transportation infrastructure project for which the Legislature has declared in statute the reasons why the project addresses a matter of statewide concern and is in the best interests of the state. For purposes of this paragraph, a transportation infrastructure project does not include a transit-oriented development project, whether residential, commercial, or mixed-use. (c) No modification to appropriations for state funded programs shall occur, and no state grant applications or funding shall be denied as a result of the application of this section. No benefit or preference in state appropriations or grants shall be given to an entity that opts not to utilize the provisions of this section. (d) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. SECTION 3. Section 5.5 is added to Article XI of the California Constitution, to read: SEC. 5.5. (a) Except as provided in subdivision (b), in the event of a conflict with a state statute, a city charter provision, general plan, specific plan, ordinance or a regulation adopted pursuant to a city charter, that establishes land use policies or regulates zoning or development standards within the boundaries of the city shall be deemed a municipal affair within the meaning of Section 5 and shall prevail over a conflicting state statute. No voter approved local initiative that regulates the zoning, development or use of land within the boundaries of any city shall be overturned or otherwise nullified by any legislative body. (b) A city charter provision, general plan, specific plan, ordinance or a regulation adopted pursuant to a city charter, may be determined only by a court of competent jurisdiction, in accordance with Section 5, to address either a matter of statewide concern or a municipal affair C.6.b Packet Pg. 62 At t a c h m e n t : E x h i b i t A - S u p p o r t O u r N e i g h b o r h o o d V o i c e s I n i t i a t i v e ( N e i g h b o r h o o d V o i c e s I n i t i a t i v e ) 58277666.v2 if that provision, ordinance, or regulation conflicts with a state statute with regard to only the following: (1) The California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), or a successor statute. (2) The siting of a power generating facility capable of generating more than 50 megawatts of electricity and the California Public Utilities Commission has determined that a need exists at that location that is a matter of statewide concern. (3) The development or construction of a water, communication or transportation infrastructure project for which the Legislature has declared in statute the reasons why the project addresses a matter of statewide concern and is in the best interests of the state. For purposes of this paragraph, a transportation infrastructure project does not include a transit-oriented development project, whether residential, commercial, or mixed-use. (c) No modification to appropriations for state funded programs shall occur, and no state grant applications or funding shall be denied as a result of the application of this section. No benefit or preference in state appropriations or grants shall be given to an entity that opts not to utilize the provisions of this section. (d) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. SECTION 4. Section 7 of Article XI of the California Constitution is amended to read: SEC. 7. (a) A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not that are not, except as provided in subdivision (b), in conflict with general laws. A county or city may not supersede or otherwise interfere with any voter approved local initiative pertaining to land use or zoning restrictions. (b) A county or city general plan, specific plan, ordinance or regulation that regulates the zoning, development or use of land within the boundaries of the county or city shall prevail over conflicting general laws, except for only the following: (A) A coastal land use plan, ordinance or regulation that conflicts with the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), or a successor statute. (B) An ordinance or regulation that addresses the siting of a power generating facility capable of generating more than 50 megawatts of electricity and the California Public Utilities Commission has determined that a need exists at that location that is a matter of statewide concern. (C) An ordinance or regulation that addresses the development or construction of a water, communication or transportation infrastructure project for which the Legislature has declared in statute the reasons why the project addresses a matter of statewide concern and is in the best interests of the state. For purposes of this subparagraph, a transportation infrastructure project does not include a transit- oriented development project, whether residential, commercial, or mixed-use. C.6.b Packet Pg. 63 At t a c h m e n t : E x h i b i t A - S u p p o r t O u r N e i g h b o r h o o d V o i c e s I n i t i a t i v e ( N e i g h b o r h o o d V o i c e s I n i t i a t i v e ) 58277666.v2 (c) No modification to appropriations for state funded programs shall occur, and no state grant applications or funding shall be denied as a result of the application of this section. No benefit or preference in state appropriations or grants shall be given to an entity that opts not to utilize the provisions of this section. (d) The provisions of this subdivision are severable. If any provision of this subdivision or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. C.6.b Packet Pg. 64 At t a c h m e n t : E x h i b i t A - S u p p o r t O u r N e i g h b o r h o o d V o i c e s I n i t i a t i v e ( N e i g h b o r h o o d V o i c e s I n i t i a t i v e ) AGENDA REPORT MEETING DATE: February 8, 2022 Council Item TITLE: Approval of Amendments to the Agreements Between the City of Grand Terrace and Willdan Engineering and Interwest Consulting Group, Inc. to Extend the Terms Thereof and to Increase the Compensation of the Willdan Engineering Agreement; and Authorize the City Manager to Terminate the Agreement for On-Call Engineering Services with TKE Engineering, Inc. PRESENTED BY: Shanita Tillman, RECOMMENDATION: Authorize the City Manager to take all actions necessary to terminate the Agreement for On-Call Engineering Services with TKE Engineering, Inc. (dated July 14, 2020), without cause, in a manner consistent with such Agreement; Approve Amendment No. 1 to the Agreement for On-Call Engineering Services with Willdan Engineering (dated July 14, 2020), which extends the Agreement to July 14, 2023, and increases the total compensation by $43,290 (total compensation $93,290); Approve Amendment No. 2 to the Agreement for On-Call Engineering Services with Interwest Consulting Group Inc. (dated July 14, 2020), which extends the Agreement to July 14, 2023; and Authorize the Mayor to execute the above-mentioned amendments subject to the City Attorney’s approval as to form. 2030 VISION STATEMENT: This staff report supports the Mission to preserve and protect our community and its exceptional quality of life through thoughtful planning, within the constraints of fiscally responsible government. It also supports our Core Values by continuing to provide exceptional customer service to the residents of the City of Grand Terrace. BACKGROUND: Today the Public Works Department is clearly focused on the development of new infrastructure, maintenance of existing infrastructure, and management of Public Works Consultant Services. The Public Works Department is in a unique position, has a considerable number of projects are funded by special funds and grants, which are not C.7 Packet Pg. 65 subject to general fund fluctuations. Therefore, Public Works project delivery is contingent on adequate staff resources and not budget constraints. The 2020-21 budget showed a reorganized Public Works Department, with a focus on infrastructure and capital improvement projects. In the interim, Park Maintenance services was transferred over to Planning and Development Services and the Public Works Director position was changed to Senior Engineer, to focus on the timely delivery of infrastructure projects and management of consultant contracts. The Senior Engineer was given an assignment to develop an RFP to solicit engineering services to help the City expedite infrastructure projects that are fully funded but lack staff resources to advance projects. On July 14, 2020, the City entered into 3 on-call engineering agreements with TKE Engineering, Inc., Interwest Consulting Group, and Willdan Group for $50,000 each (for the purposes of this report, each agreement is referred to as the “TKE Agreement,” “Willdan Agreement,” and “Interwest Agreement,” respectively). On August 10, 2021, the Interwest Agreement was amended in order to increase the total compensation to $100,000. Further, each of these agreements have an initial two-year term with an option to extend by one year. In the summer of 2021, a new Public Works Director/P.E. was hired; however, as of January 7, 2022, the Public Works Director/P.E. has left the City, which required the City to heavily utilize the above-mentioned on-call engineering consultants. DISCUSSION: The City can utilize the above-mentioned engineering consultants on an as-needed basis, which affords the City an opportunity to access resources without a long-term commitment. In the past, the City utilized this process for special services and the on- call approach will allow these resources to be on standby. These services are specialized in nature and are not performed by City staff given the City’s staffing levels. None of the tasks associated with on-call engineering services can be performed by any city represented positions (classified city positions). Staff is confident that continuing with on-call engineering services will allow projects to be expedited. Based upon the forgoing, Staff recommends that the City Council terminate the TKE Agreement, without cause, which has a remaining agreement balance of $43,290. Staff further recommends that the City Council shift the remaining balance of $43,290 to the Willdan Agreement by approving an Amendment No. 1 to the Willdan Agreement, which results in a total compensation to Willdan in the amount of $93,290. Further, Staff recommends that the City Council extend the Willdan Agreement to July 14, 2023 (as authorized by the Willdan Agreement). C.7 Packet Pg. 66 With respect to the Interwest Agreement, Staff recommends that the City Council approve an Amendment No. 2 to the Interwest Agreement, which extends it to July 14, 2023 (as authorized by the Interwest Agreement). If the above-mentioned actions are taken, then the combined remaining funds between the Willdan Agreement and Interwest Agreement is $92,660. FISCAL IMPACT: There is no fiscal impact. ATTACHMENTS: • Attachment 1 - TKE Agrement (On-Call Engineering Services) (PDF) • Attachment 2 - Willdan Agreement (On-Call Engineering Services)(PDF) • Attachment 3 - Proposed Amendment No. 1 to Willdan Agreement (On-Call Engineering Services) (DOCX) • Attachment 4 - Interwest Agreement (On-Call Engineering Services)(PDF) • Attachment 5 - Amendment No. 1 to Interwest Agreement (On-Call Engineering Services) (PDF) • Attachment 6 - Proposed Amendment No. 2 to Interwest Agreement (On-Call Engineering Services) (DOCX) APPROVALS: Shanita Tillman Completed 01/21/2022 2:47 PM City Attorney Completed 02/02/2022 11:19 AM Finance Completed 02/02/2022 11:31 AM City Manager Completed 02/03/2022 11:52 AM City Council Pending 02/08/2022 6:00 PM C.7 Packet Pg. 67 2020-16 AGREEMENT FOR CONTRACT SERVICES By and Between CITY OF GRAND TERRACE and TKE ENGINEERING, INC. for ON-CALL ENGINEERING SERVICES 01247.0006/656676.4 7/9/2020 t Officer may approve extensions for performance of the services in accordance with Section 3. 2.01247.0006/656471.9 7/17/2020 D- 1 Receipt Acknowledged:ESCROW HOLDER: Debra Thomas,City Clerk Fidelity National Title Insurance Company By:APPROVED AS TO FORM: MaryLou Adam Escrow Officer Aleshire &Wynder, LLP Dated: May 11 , 2020 By: Adrian R.Guerra,City Attorney 01247.00201642172 6 3 uerra, City Attorney 01247.0020/642172. 6 3 C.7.a Packet Pg. 68 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g S e r v i c e s AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND TKE ENGINEERING, INC. FOR ON-CALL ENGINEERING SERVICES This "AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND TKE ENGINEERING, INC. FOR ON-CALL ENGINEERING SERVICES" (herein"Agreement") is made and entered into this 14 day of JL.L14 , 2020 by and between the City of Grand Terrace, a California municipal corporation ("City") and TKE Engineering, Inc. ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." RECITALS A. City has sought, by issuance of a Request for Qualifications, the performance of the services defined and described particularly in Article 1 of this Agreement. B. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 ofthis 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 ofthis Agreement,the phrase"highest professional standards" shall mean those standards of practice recognized by one or more first- class firms performing similar work under similar circumstances. 01247.0006/656676.4 7/9/2020 2- eview and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City. V. Limitations on Consultant's Employees, Agents, and Subcontractors. A. In providing services under this Agreement, Consultant shall not assign to the City any employee, agent, or subcontractor who is currently a member of CalPERS. 01247.0006/656471.9 7/17/2020 A-3 hall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/656471.9 7/17/2020 15-nd warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656471. 9 7/17/2020 12- C.7.a Packet Pg. 69 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g S e r v i c e s 1.2 Consultant's Proposal. The Scope of Service shall include the Consultant's scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement,the terms of this Agreement shall govern. 1.3 Compliance with Law. Consultant shall keep itselfinformed 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 thereofto prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 01247.0006/656676.4 7/9/2020 3- until found satisfactory and accepted by City.V. Limitations on Consultant's Employees, Agents, and Subcontractors. A. In providing services under this Agreement, Consultant shall not assign to the City any employee, agent, or subcontractor who is currently a member of CalPERS.01247.0006/656471.9 7/17/2020 A-3 hall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/ 656471.9 7/17/2020 15-nd warranties shall not extend to such use,reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656471. 9 7/17/2020 12- C.7.a Packet Pg. 70 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g S e r v i c e s 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in(i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or$25,000, whichever is less; or, in the time to perform of up to one hundred eighty 180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the"Special Requirements" attached hereto as Exhibit`B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit `B" and any other provisions ofthis Agreement, the provisions of Exhibit`B" shall govern. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. The total compensation,including reimbursement for actual expenses, shall not exceed Fifty Thousand Dollars ($50,000) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1.8. 01247.0006/656676.4 7/9/2020 4- reement, Consultant shall not assign to the City any employee, agent, or subcontractor who is currently a member of CalPERS.01247. 0006/656471.9 7/17/2020 A-3 hall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/656471.9 7/17/2020 15- nd warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656471.9 7/ 17/2020 12- C.7.a Packet Pg. 71 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g 2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant's rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or(iv) such other methods as may be specified in the Schedule of Compensation. 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five(45) days ofreceipt of Consultant's correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. 01247.0006/656676.4 7/9/2020 5- ees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/656471.9 7/17/2020 15-nd warranties shall not extend to such use,reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247. 0006/656471.9 7/17/2020 12- C.7.a Packet Pg. 72 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. In addition,upon issuance of a Notice to Proceed on a Task Order,time is of the essence in the performance of the Task Order's Scope of Work or Scope of Services. 3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including,but not restricted to, acts of God or of the public enemy,unusually severe weather,fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten(10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding two (2) years from the date hereof The City in its sole and absolute discretion may extend the term of this Agreement by one (1) year. ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Consultant. The following principals of Consultant ("Principals") are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: 01247.0006/656676.4 7/9/2020 6- Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.2.5 Waiver.Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.01247.0006/656676.4 7/9/2020 5-ees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/656471.9 7/17/2020 15-nd warranties shall not extend to such use,reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656471.9 7/17/2020 12- C.7.a Packet Pg. 73 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g Terry Renner, PE, QSD Senior Vice President Name) Title) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors,ifany,assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement,prior to and during any such performance. 4.2 Status of Consultant. Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant,nor any of Consultant's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be the City Manager or such person as may be designated by the City Manager. It shall be the Consultant's responsibility to assure that the Contract Officer is kept informed of the progress ofthe 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 01247.0006/656676.4 7/9/2020 7- or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656471.9 7/ 17/ 2020 12- C.7.a Packet Pg. 74 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g S e r v i c e s time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent(25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City. ARTICLE 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City: a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit. b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement. c) Automotive Insurance (Form CA 0001 (Ed 1/87) including"any auto" and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than 1,000,000. Said policy shall include coverage for owned, non-owned, leased,hired cars and any automobile. 01247.0006/656676.4 7/9/2020 8- 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 01247.0006/656676.4 7/9/2020 7-or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247. 0006/656471.9 7/17/2020 12- C.7.a Packet Pg. 75 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g S e r v i c e s d) Professional Liability. Professional liability insurance appropriate to the Consultant's profession. This coverage may be written on a"claims made"basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request 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 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 01247.0006/656676.4 7/9/2020 9- e. 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 01247.0006/656676.4 7/9/2020 7-or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656471.9 7/ 17/ 2020 12- C.7.a Packet Pg. 76 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g S e r v i c e s ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER NAMED HEREIN. to be initialed] 11'--t— Consultant Initials City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to he 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: 01247.0006/656676.4 7/9/2020 10- n 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 01247.0006/656676.4 7/9/ 2020 7-or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656471.9 7/17/2020 12- C.7.a Packet Pg. 77 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g S e r v i c e s a) 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 ofor 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 ifit 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. 01247.0006/656676.4 7/9/2020 11- perform any term, provision, covenant or condition of this Agreement, and in connection therewith:01247.0006/656676.4 7/9/2020 10-n 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 01247.0006/656676.4 7/ 9/2020 7-or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656471.9 7/17/2020 12- C.7.a Packet Pg. 78 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g S e r v i c e s 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 ofthree(3)years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant's business, custody of the books and records may be given to City, and access shall be provided by Consultant's successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. 6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the "documents and materials"), including any electronic documents and materials, prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City in a format of the City's choice upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use,reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656676.4 7/9/2020 12- C.7.a Packet Pg. 79 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g S e r v i c e s shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for hire" for the City. 6.4 Confidentiality and Release of Information. a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney,voluntarily provide documents, declarations,letters of support,testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary"provided Consultant gives City notice of such court order or subpoena. c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct. d) Consultant shall promptly notify City should Consultant, its .officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District 01247.0006/656676.4 7/9/2020 13- written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties shall not extend to such use,reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656676. 4 7/9/2020 12- C.7.a Packet Pg. 80 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g S e r v i c e s Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California. 7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice ofthe Consultant's default shall not be deemed to result in a waiver 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 01247.0006/656676.4 7/9/2020 14- C.7.a Packet Pg. 81 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g S e r v i c e s of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement. 7.7 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon written notice to Consultant. In addition, the Consultant may terminate this Contract for cause, upon sixty(60) days' advance written notice to City. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.8 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2,take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated(provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.9 Attorney's Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/656676.4 7/9/2020 15- ies shall not extend to such use,reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656676.4 7/ 9/ C.7.a Packet Pg. 82 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g S e r v i c e s the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. 8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation,marital status,national origin, ancestry or other protected class. 8.4 Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney's fees, incurred by City. 01247.0006/656676.4 7/9/2020 16- rney's Fees.If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable,shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/656676.4 7/9/2020 15-ies shall not extend to such use,reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656676.4 7/9/2020 12- C.7.a Packet Pg. 83 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g S e r v i c e s ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 Notices. Any notice, demand,request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Grand Terrace, 22795 Barton Rd, Grand Terrace, CA 92313, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72)hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses,paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit oftheir bargain or renders this Agreement meaningless. 01247.0006/656676.4 7/9/2020 17- 16-rney's Fees.If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable,shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/656676.4 7/9/2020 15- ies shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656676.4 7/9/ 2020 12- C.7.a Packet Pg. 84 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g S e r v i c e s 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 ofvalue 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 Initials17-T . 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that(i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. SIGNATURES ON FOLLOWING PAGE] 01247.0006/656676.4 7/9/2020 18- s Fees.If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable,shall be entitled to reasonable attorney' s fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/656676.4 7/9/ 2020 15-ies shall not extend to such use,reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656676.4 7/9/2020 12- C.7.a Packet Pg. 85 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g S e r v i c e s IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: City of Grand Terrace, a unicipal corporation C Darcy 14 c oe p‘W TEST: ebra Thomas, City Clerk APPROVED AS TO FORM: ALESHIRE & E , LLP Adrian R. Guerra, City Att rney CONSULTANT: TICE ENGINEERING, INC. By: e. :127b Name: ir"1.ce-11 A z 1 e. mu 4-,,,1e.l Title: Prc,ids1"1- By: `-1.----IA. Name: AA 17tNN — Title: +4Lc i c.c VeE410E...n-- Address: 2305 Chicago Ave. Riverside, CA 92507 Tel: 951-680-0440 Fax: 951-680-0490 Two corporate officer signatures required when Consultant is a corporation,with one signature required from each of the following groups: 1)Chairman of the Board,President or any Vice President; and 2)Secretary,any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. 01247.0006/656676.4 7/9/2020 19 C.7.a Packet Pg. 86 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g S e r v i c e s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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. STATE OF CALIFORNIA COUNTY OF A rV'w5 CAE On .1,)14 Z j ,2020 before me,Vianc c,Ipo'10'4 Pob1personally appeared ' cho'l P'h°4 proved to me on the basis of satisfactory evidence to be the person(,a') whose names(, is/ire subscribed to the within instrument and acknowledged to me that he/s4e/tb/y executed the same in his/l r/tl it authorized capacity(io4), and that by his/hgr/tlir signature($' on the instrument the person(A, or the entity upon behalf of which the person0 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. J. TOMAS WITNESS my hand and official seal. COMM. #2183637 NNOTARYPUBLIC-CALIFORNIA RIVERSIDE COUNTYSignature: W '1 My Comm.Expires March 16,2021 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 tturui( 4rCom d ce_fur aP TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) LIMITED GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE 01247.0006/656676.4 7/9/2020 onduct 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 Initials17-T .9.7 Corporate Authority.The persons executing this Agreement on behalf of the parties hereto warrant that(i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.SIGNATURES ON FOLLOWING PAGE]01247.0006/656676.4 7/9/2020 18-s Fees.If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable,shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/656676.4 7/9/2020 15-ies shall not extend to such use,reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656676.4 7/9/2020 12- C.7.a Packet Pg. 87 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g S e r v i c e s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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. STATE OF CALIFORNIA v‘tfiCSI te, COUNTY OF On)olt-(Zy, ,2020 before me,3.Tcmc$,,n}try Prbbipersonally appeared1T Ih•eLnnL ,proved to me on the basis of satisfactory evidence to be the persons) whose names(.) is/afe subscribed to the within instrument and acknowledged to me that he/s1A/tfey executed the same in his/hGtr/tYir authorized capacity(i4s), and that by his/hir/their signature(si'on the instrument the persons, or the entity upon behalf of which the person( 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. z J. TOMAS COMM. #2183637 9 NOTARY PUBLIC-CALIFORNIA mSignature:( 'J07Cs0 RIVERSIDE COUNTY1 :' My Comm.Expires March 16,2021 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 V:r- INDIVIDUAL CORPORATE OFFICER A eon4racrhSei'ui'w TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) LIMITED El GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR El OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE 01247.0006/656676.4 7/9/2020THANNAMEDABOVE01247.0006/ 656676.4 7/9/2020 onduct 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 Initials17-T .9.7 Corporate Authority.The persons executing this Agreement on behalf of the parties hereto warrant that(i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, ( iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.SIGNATURES ON FOLLOWING PAGE]01247.0006/656676.4 7/9/2020 18-s Fees.If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable,shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney' s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/656676.4 7/9/2020 15-ies shall not extend to such use,reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656676.4 7/9/2020 12- C.7.a Packet Pg. 88 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g S e r v i c e s EXHIBIT "A" SCOPE OF SERVICES On an on-call basis, Consultant will perform Professional Engineering services generally described in this Scope of Services. This Agreement retains the Consultant's on-call availability, but does not guarantee that the Consultant shall be selected to provide services on a project-specific Task Order. II. When the City requests proposals from on-call engineers (including the Consultant) on a project-specific Task Order, and if the City accepts Consultant's proposal, then the Task Order and Notice to Proceed shall provide in detail Consultant's Scope of Services on that Task Order.This Agreement does not guarantee that Consultant will be selected to perform services on Task Orders. This Agreement does not provide for Consultant's compensation except for Consultant's services rendered pursuant to a Notice to Proceed on a Task Order. III. Consultant's on-call Professional Engineering Services may include,but are not limited to, the following: A. Project studies B. Research C. Grant Opportunities for Public Works projects D. Land Survey E. Coordinate and/or obtain approvals from various private and public agencies F. Public meetings, workshops, and presentations G. Project-related reports H. Develop conceptual/preliminary plans and designs I.Develop construction plans and specifications J.Project estimates K. Project schedule L. Bid analysis M. Environmental documents and permit compliance N. Utility research and coordination O. Construction support (such as review of quantities and field inspections) 01247.0006/656676.4 7/9/2020 A-1 C.7.a Packet Pg. 89 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g S e r v i c e s P. Construction management Q. Services associated with project development R. Provide development processing services,including,but not limited to,plan and map checking, on-site oversight, and inspections for new development activity as directed. S. Provide City Traffic Engineering related services such as traffic safety investigations, speed zone surveys, route planning, corridor analysis, capacity evaluations, bicycle and pedestrian facilities analysis, traffic impact reports, traffic signal and control systems, parking facilities, street signage and marking programs, and street lighting; IV. Consultant's on-call Professional Engineering Services may include temporary augmentation of staff functions including,but not limited to, the following: A. Perform at the Project Engineer and/or Project Manager(both of which are referred to herein as "PM") level to assist the Public Works department with various projects. B. The PM shall be a registered professional Civil Engineer licensed to practice in the State of California, with a minimum of 10 years of experience in design and construction management and project management of a variety of Public Works projects. The PM shall have clear oral and written communication skills. C. The PM's services may be required during all or part of a project, from planning stages to project conclusion. D. The PM shall efficiently conduct effective workshops with community groups and have an explicit understanding of the California Public Contract Code. E. The PM will be housed in City Hall performing requisite management and administrative services on projects, and coordinate with City staff. F. Develop matrices of the active and proposed projects with schedules, budgets, and priorities. G. Perform thorough research of information relevant to each project (i.e. record drawings, field investigation, site conditions, restrictions, and CEQA status). H. Discuss and coordinate future projects with various agencies (e.g. utility companies, pipeline companies, San Bernardino County, San Bernardino Sheriffs, and Caltrans). I.Prepare and compose Requests for Proposals(RFP).Review and evaluate proposals and provide recommendations to City Engineer,Director of Public Works,and City Council. 01247.0006/656676.4 7/9/2020 A-2 this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.SIGNATURES ON FOLLOWING PAGE]01247.0006/656676.4 7/9/2020 18-s Fees.If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable,shall be entitled to reasonable attorney' s fees. Attorney' s fees shall include attorney' s fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/656676.4 7/9/2020 15-ies shall not extend to such use,reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/ 656676.4 7/9/2020 12- C.7.a Packet Pg. 90 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g S e r v i c e s J.Prepare and conduct presentations to City staff, City Council, Commissions, and the public. K. Draft construction plans using Autocad® software or such other software that the City may require. L. Compose project specifications and estimates. M. Prepare and coordinate projects for the bidding process. N. Coordinate, conduct, and attend various meetings (e.g. staff meetings, construction meetings, progress meetings, utility coordination meetings, Council meetings, and workshops). O. Meet with various City departments and solicit input for project design, schedule, and budgets. P. Manage project budgets and closely work with City's Finance Department staff. Q. Review, evaluate, approve, and process payments to consultants, contractors, and various agencies. R. Review, evaluate, negotiate, and approve proposed changes by consultants and contractors. S. Perform field work such as inspections and job walks. T. Efficiently and effectively develop and manage multiple Public Works Capital Improvement Projects from planning stage through the conclusion of the project. V. Consultant must perform all on-call Services in compliance with the following requirements: A. Each task shall be indicated by a written request (Task Order) produced by the Contract Officer with a description of the work to be performed, and the time desired for completion. All tasks shall be carried out in conformity with all provisions ofthis Agreement. B. Consultant must prepare a written description of the requested tasks including all components and subtasks; the costs to perform the task("Task Budget"),using the itemized fees in Exhibit C, Schedule of Compensation, whenever a requested task is provided for in Exhibit C; explain how the cost was determined; and, a schedule for completion of the task ("Task Completion Date"); which shall all collectively be referred to as the"Task Proposal". C. Contract Officer shall in writing approve, modify, or reject the Task Proposal, and may issue a Notice to Proceed. 01247.0006/656676.4 7/9/2020 A-3 heriffs,and Caltrans). I.Prepare and compose Requests for Proposals(RFP).Review and evaluate proposals and provide recommendations to City Engineer,Director of Public Works, and City Council.01247.0006/656676.4 7/ 9/2020 A-2 this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.SIGNATURES ON FOLLOWING PAGE]01247.0006/656676.4 7/9/2020 18-s Fees.If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable,shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/ 656676.4 7/9/2020 15-ies shall not extend to such use,reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656676.4 7/9/2020 12- C.7.a Packet Pg. 91 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g S e r v i c e s D. The task shall be performed at a cost not to exceeding the Task Budget. E. Consultant shall complete the task and deliver all deliverables to Contract Officer by the Task Completion Date. VI. In addition to the requirements of Section 6.2 and pursuant to the Task Order's project- specific Scope of Services, the Contract Officer may require the Consultant to provide the following deliverables, as applicable: A. Project studies B. Research results C. Grant information and application D. Survey maps E. Photos F. Conceptual plans G. 50% Construction Plan Submittal H. Construction plan submittal with specifications and estimates at 75%, 90%, and 100% levels I,Permits J.Inspection Reports and field reports K. All other related items the City deems necessary for the project VII. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City. VIII. Consultant will utilize qualified personnel with the following titles to perform the Services required by the applicable Task Order. Consultant shall obtain the Contract Officer's advanced written approval when replacing any individual assigned to perform services on Task Orders: A. Terry Renner, PE, QSD, Project Manager B. Robert Doss, PE C. Gabor Pakozdi, PE, QSD/ASP D. Ronald A. Musser, PLS, Director of Survey 01247.0006/656676.4 7/9/2020 A-4 ng all components and subtasks; the costs to perform the task("Task C.7.a Packet Pg. 92 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g S e r v i c e s E. Monae Pugh, Project Manager/Senior Traffic Specialist F. Michelle Arellano, PE, Senior Plan Checker 01247.0006/656676.4 7/9/2020 A-5 INC.for ON-CALL ENGINEERING SERVICES 01247.0006/656676. 4 7/9/2020 t Officer may approve extensions for performance of the services in accordance with Section 3.2.01247.0006/656471.9 7/17/2020 D-1 Receipt Acknowledged:ESCROW HOLDER: Debra Thomas,City Clerk Fidelity National Title Insurance Company By:APPROVED AS TO FORM: MaryLou Adam Escrow Officer Aleshire & Wynder, LLP Dated: May 11 , 2020 By:Adrian R.Guerra,City Attorney 01247.00201642172 6 3 uerra, City Attorney 01247. 0020/642172. 6 3 C.7.a Packet Pg. 93 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g S e r v i c e s EXHIBIT "B" SPECIAL REQUIREMENTS Superseding Contract Boilerplate) 01247.0006/656676.4 7/9/2020 B-156676.4 7/9/2020 A-5 INC. for ON-CALL ENGINEERING SERVICES 01247.0006/656676.4 7/9/2020 t Officer may approve extensions for performance of the services in accordance with Section 3. 2.01247.0006/656471.9 7/17/2020 D-1 Receipt Acknowledged:ESCROW HOLDER: Debra Thomas,City Clerk Fidelity National Title Insurance Company By: APPROVED AS TO FORM:MaryLou Adam Escrow Officer Aleshire &Wynder, LLP Dated: May 11 , 2020 By:Adrian R. Guerra,City Attorney 01247.00201642172 6 3 uerra, City Attorney 01247.0020/ 642172.6 3 C.7.a Packet Pg. 94 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g EXHIBIT "C" SCHEDULE OF COMPENSATION This Schedule of Compensation governs Consultant's compensation in the event the Consultant performs services pursuant to a Notice to Proceed on a Task Order. This Agreement does not guarantee that Consultant will be selected to perform services on Task Orders. II. Consultant responding to the City's request for proposals on a project-specific Task Order shall establish a Task Budget for the Task Order,identifying the subtasks based on the time and rates of the personnel performing the subtasks, and itemizing all materials and equipment utilized and the costs thereof. Ifpayment is to be made other than at completion of the services, then the phases of the performance and percentage of payment due shall also be shown in the Task Proposal. Consultant's proposals on Task Orders shall be based on hourly rates identical to the rates attached as Exhibit C-1. III. The City shall retain ten percent (10%) from each payment as a contract retention to be paid as part of final payment upon satisfactory completion of services on a Task Order. IV. City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor,supplies, equipment,materials, and travel properly charged to the Services. V. The total compensation for the Services shall not exceed $50,000 for the term of this Agreement, as provided in Section 2.1 of this Agreement. VI. Consultant's billing rates for Services are attached as Exhibit C-1.To the extent any portion of Consultant's work is subject to prevailing wage requirements, then Consultant's proposal on a Task Order shall include a Task Budget with hourly rates adjusted for prevailing wage. 01247.0006/656676.4 7/9/2020 C-1 ans).I. Prepare and compose Requests for Proposals(RFP).Review and evaluate proposals and provide recommendations to City Engineer,Director of Public Works,and City Council.01247.0006/656676.4 7/9/2020 A-2 this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.SIGNATURES ON FOLLOWING PAGE]01247.0006/656676.4 7/9/2020 18- s Fees.If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable,shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/656676.4 7/9/2020 15-ies shall not extend to such use,reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656676.4 7/9/2020 12- C.7.a Packet Pg. 95 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g EXHIBIT "C-1" CONSULTANT'S RATES Classification Hourly Billing Rate Engineering Principal In Charge 160 Project Manager 160 Traffic Engineer 160 Director of Public Works 150 Lead Engineer 150 Supervising Engineer 150 Senior Engineer 140 Engineering Associate III 125 Engineering Associate II 115 Engineering Associate I 105 Senior Engineering Technician 105 Engineering Technician III 95 Engineering Technician II 85 Engineering Technician I 75 Student Trainee 30 Grading Plans Examiner 140 Construction Management Construction Manager 145 Assistant Construction Manager 130 Supervising Public Works Observer 135 Senior Public Works Observer 125 Public Works Observer III 120 Public Works Observer II 115 Public Works Observer I 105 Overtime 140% of the above listed rates 01247.0006/656676.4 7/9/2020 C-2 payment upon satisfactory completion of services on a Task Order.IV. City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.B. Line items for all materials and equipment properly charged to the Services.C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.D. Line items for all approved subcontractor labor,supplies, equipment,materials, and travel properly charged to the Services.V. The total compensation for the Services shall not exceed $50,000 for the term of this Agreement, as provided in Section 2.1 of this Agreement.VI. Consultant's billing rates for Services C.7.a Packet Pg. 96 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g EXHIBIT "D" SCHEDULE OF PERFORMANCE I.From the term of this Agreement, Consultant shall provide Services on an on-call basis as set forth in Exhibit A. II. If the City selects the Consultant's proposal to perform a project-specific Task Order, the Task Order's Scope of Work/Services or the Notice to Proceed, or both, shall provide the detailed schedule of performance. III. The Contract Officer may approve extensions for performance of the Services in accordance with Section 3.2. 01247.0006/656676.4 7/9/2020 D-1 Escrow Officer Aleshire &Wynder, LLP Dated: May 11 , 2020 By:Adrian R. Guerra,City Attorney 01247.00201642172 6 3 uerra, City Attorney 01247.0020/642172.6 3 C.7.a Packet Pg. 97 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g S e r v i c e s Page 1 of 1 ACOROg. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 07/23/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVEORPRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate..holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL-INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,-certain policies may require an endorsement. A statement onthiscertificatedoesnotconferrightstothecertificateholderinlieuofsuchendorsement(s). PRODUCER CONTACT Willis Towers Watson Certificate CenterWillisTowersWatsonMidwest, Inc.NAME: r PHONE 1-877-945-7378 FAX 1-888-467-2378c/o 26 Century Blvd RECEIVEDCEI` A/C.No.Eutk A/C,No): P.O. Box 305191 1WH, ADDRE certificates@willis.comADDRESS: Nashville, TN 372305191 USA 1111 4 INSURER(S)AFFORDINGCOVERAGE NAIC# 3UL 2 zon INSURERA: Liberty Insurance Underwriters Inc 19917 INSURED TICE Engineering, Inc.INSURERS 2305 Chicago Avenue TY F pND TERI T INSURER C Riverside, CA 92507 C CIE ,SDEP ENT INSURER Di INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:W17337794 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATEDNOTWITHSTANDINGANYREQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATEMAYBEISSUEDORMAYPERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.INSR ADDL SUER POLICY EFF POLICY EXPLTRTYPEOFINSURANCEINSDWVDPOLICYNUMBERMM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) S MED EXP(Any one person) S PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- ,JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO Ea accident) BODILY INJURY(Per person) $OWNED SCHEDULEDAUTOSONLYAUTOS BODILY INJURY(Per accident) SHIREDNON-OWNED PROPERTY DAMAGEAUTOSONLYAUTOSONLYPeraccident) S UMBRELLA LIAB OCCUR EACH OCCURRENCE SEXCESSLIABCLAIMS-MADE AGGREGATE DED RETENTIONS WORKERS COMPENSATION PER OTH-AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $OFFICER/MEMBEREXCLUDED? N/A Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $If yes,describe underDESCRIPTIONOFOPERATIONS below E.L.DISEASE-POLICY LIMIT $A Professional Liability AEXNYABCE TEO02 08/01/2019 08/01/2020 Per Claim: 1,000,000 Annual Aggregate: $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached ifmore space is required) Project: On-Call Engineering Services CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Grand Terrace AUTHORIZED REPRESENTATIVE 22795 Barton Road Grand Terrace, CA 92313a. aa.d. 1988-2016 ACORD CORPORATION. All rights reserved.ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR ID• 19901600 BATCH. 1758015 C.7.a Packet Pg. 98 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g TKEENGI-01 BEASLEY ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM!DDIYYYY) 7/23/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the-certificate holder is anADDITIONAL INSURED,th-e-policy(ies)"must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement onthiscertificatedoesnotconferrightstothecertificateholderinlieuofsuchendorsement(s). PRODUCER License#0C36861 CONTACT Brie Easley San Diego-Alliant Insurance Services,Inc. PHONE FAX 701 B St 6th FI RECEIVED (a/L,L,E:t):(509)343-9591 A/C,No): San Diego,CA 92101 E-MAILADDRESS:brianna.easley@alliant.comADDRESS: JUL 2 4 2020 INSURER(S)AFFORDING COVERAGE NAIL II INSURER A:Travelers Property Casualty Company of America 25674 INSURED INSURER B:California Automobile Insurance Company 38342 TKE Engineering Inc CITY OF GRAND TERRACE INSURER C: 2305 Chicago Ave Ste#100 CITY CLERK'S DEPARTMENT INSURER D:Riverside,CA 92507-6948 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATEMAYBEISSUEDORMAYPERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXPLTRINSDWVDPOLICYNUMBERMM/DD/YYYY) IMM/DD/YYYY) LIMITSAXCOMMERCIALGENERALLIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR X X 6806H138418 1/5/2020 1/5/2021 pREM SME aoccuence) $ 1,000,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY X JECOT X LOC PRODUCTS-COMP/OPAGG $ 4,000,000 OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000Eaaccident) ANY AUTO BA040000048572 9/18/2019 9/18/2020 BODILY INJURY(Per person) $OWNED SCHEDULED AUTOS X BODILY INJURY(Per accident) $X AUTOS ONLY X NON-OWNEDONLYY PROPERTYaccidentDAMAGE) UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTIONS A WORKERS COMPENSATION X STATUTE 0THANDEMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y!N UB9J2131842047G 1/5/2020 1/5/2021 E.L.EACH ACCIDENT $ 1,000,000OFFICER/MEMBER EXCLUDED? N NIA Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000Ifyes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required)Project: On-Call Engineering Services City of Grand Terrace,its elected and appointed officers,employees and agents is Additional Insured as respect General Liability for the On-Going OperationsoftheNamedInsuredasrequiredbywrittencontractCoverageisPrimaryNon-Contributory and Waiver of Subrogation applies. 30 Day Notice ofCancellationapplies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Grand Terrace THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 22795 Barton Road ACCORDANCE WITH THE POLICY PROVISIONS. Grand Terrace,CA 92313 AUTHORIZED REPRRE4SgENTATIVE I 41 ACORD 25(2016/03) 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD C.7.a Packet Pg. 99 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g S e r v i c e s COMMERCIAL GENERAL LIABILITY 1) Notice to us of such "occurrence" or of an health insurer. This applies only if youoffensemustbegivenassoonassubsequentlygivenoticetousofthe practicable-.only after the_"occurrence"-or ---=- -- ----occurrence'' -or--offense- as- soon -as - - offense is known to you (if you are an practicable after any of the personsindividual), any of your partners or described in Paragraphs e. (1) or (2) members who is an individual (if you are a above discovers that the "occurrence" or partnership or joint venture), any of your offense may result in sums to which the managers who is an individual (if you are insurance provided under the Coverage a limited liability company), any of your Part may apply. trustees who is an individual (if you are P. UNINTENTIONAL OMISSIONatrust), any of your"executive officers" or directors (if you are an organization other The following is added to Paragraph 6., than a partnership, joint venture, limited Representations, of SECTION IV — liability company or trust), or any COMMERCIAL GENERAL LIABILITY employee" (such as an insurance, loss CONDITIONS: control or risk manager or administrator) The unintentional omission of, or unintentional authorized by you to give notice of an error in, any information provided by you whichoccurrence" or offense. we relied upon in issuing this policy will not Knowledge by any other"employee" of an prejudice your rights under this insurance. occurrence" or offense does not imply However, this provision does not affect our right to collect additional premium or to exercise ourthatyoualsohavesuchknowledge. 2) If you are a partnership, joint venture, rights of cancellation or nonrenewal in accordance with applicable insurance laws orlimitedliabilitycompanyortrust, and regulations.none of your partners, joint venture members, managers or trustees are Q. WAIVER OF TRANSFER OF RIGHTS OF individuals, notice to us of such RECOVERY AGAINST OTHERS TO US WHEN occurrence" or offense must be given as REQUIRED BY WRITTEN CONTRACT soon as practicable only after the The following is added to Paragraph 8., Transfer occurrence" or offense is known by: of Rights of Recovery Against Others to Us, of a) Any individual who is: SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS:i) A partner or member of any partnership or joint venture; We waive any right of recovery we may have against any person or organization because ofii) A manager of any limited liability payments we make for injury or damage arisingcompany; out of premises owned or occupied by or rentediii)A trustee of any trust; or or loaned to you; ongoing operations performed iv)An executive officer or director of by you or on your behalf, done under a written any other organization; contract with that person or organization; "your work"; or "your products". We waive this rightthatisyourpartner, joint venture where you have agreed to do so as part of amember, manager or trustee; or written contract signed by you prior to loss. b) Any "employee" authorized by such R. AMENDED INSURED CONTRACT DEFINITIONpartnership, joint venture, limited RAILROAD EASEMENTliabilitycompany, trust or other organization to give notice of an 1. The following replaces Paragraph c. of the occurrence" or offense. definition of "insured contract" in the DEFINITIONS Section:3) Notice to us of such "occurrence" or c. Any easement or license agreement;offense will be deemed to be given as soon as practicable if it is given in good 2. Paragraph f.(1) of the definition of "insuredfaithassoonaspracticabletoyourcontract" in the DEFINITIONS Section is workers' compensation, accident, or deleted. Page 6 of 6 2016 The Travelers Indemnity Company All rights reserved. CG D3 79 01 16EXPIRATIONDATETHEREOF, NOTICE WILL BE DELIVERED IN 22795 Barton Road ACCORDANCE WITH THE POLICY PROVISIONS.Grand Terrace,CA 92313 C.7.a Packet Pg. 100 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g S e r v i c e s COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II — WHO IS h. This insurance does not apply to "bodilyANINSURED: injury" or "property damage" caused by "your Any person or organization that you agree in a work" and included in the "products- written contract requiring insurance"to include as completed operations hazard" unless the an additional insured on this Coverage Part, but: written contract requiring insurance" specifically requires you to provide sucha. Only with respect to liability for "bodily injury",coverage for that additional insured, and thenpropertydamage" or"personal injury"; and the insurance provided to the additional b. If, and only to the extent that, the injury or insured applies only to such "bodily injury" ordamageiscausedbyactsoromissionsofpropertydamage"that occurs before the end you or your subcontractor in the performance of the period of time for which the "written of "your work" to which the "written contract contract requiring insurance" requires you to requiring insurance" applies, or in connection provide such coverage or the end of the with premises owned by or rented to you. policy period, whichever is earlier. The person or organization does not qualify as an 2. The following is added to Paragraph 4.a. of additional insured: SECTION IV — COMMERCIAL GENERAL c. With respect to the independent acts or LIABILITY CONDITIONS: omissions of such person or organization; or The insurance provided to the additional insured d. For "bodily injury", "property damage" or is excess over any valid and collectible other personal injury" for which such person or insurance, whether primary, excess, contingent or on any other basis, that is available to theorganizationhasassumedliabilityina contract or agreement.additional insured for a loss we cover. However, if you specifically agree in the "written contractTheinsuranceprovidedtosuchadditionalinsuredrequiringinsurance" that this insurance providedislimitedasfollows:to the additional insured under this Coverage Part e. This insurance does not apply on any basis to must apply on a primary basis or a primary and any person or organization for which non-contributory basis, this insurance is primary coverage as an additional insured specifically to other insurance available to the additional is added by another endorsement to this insured which covers that person or organizations Coverage Part. as a named insured for such loss, and we will not share with the other insurance, provided that:f. This insurance does not apply to the 1) The "bodily injury" or "property damage" forrendering _ of or failure to render any professional services". which coverage is sought occurs; and g. In the event that the Limits of Insurance of the 2) The "personal injury" for which coverage is Coverage Part shown in the Declarations sought arises out of an offense committed; exceed the limits of liability required by the after you have signed that "written contract written contract requiring insurance", the requiring insurance". But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III — person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 81 09 15 2015 The Travelers Indemnity Company All rights reserved. Page 1 of 2IncludesthecopyrightedmaterialofInsuranceServicesOffice,Inc.,with its permission ACCORDANCE WITH THE POLICY PROVISIONS.Grand Terrace,CA 92313 AUTHORIZED REPRRE4SgE NTATIVE C.7.a Packet Pg. 101 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer 4. The following definition is added to theOfRightsOfRecoveryAgainstOthersToUs, DEFINITIONS Section:of SECTION IV- — COMMERCIAL GENERAL LIABILITY CONDITIONS:Written contract requiring insurance" means that part of any written contract under which you areWewaiveanyrightofrecoverywemayhaverequiredtoincludeapersonororganizationasanagainstanypersonororganizationbecauseof payments we make for "bodilyIn additional insured on this Coverage Part, pa nt or " juinjury", property provided that the "bodily injury" and "propertygpersonalinjury" arising out of "your damage" occurs and the "personal injury"work" performed by you, or on your behalf, done is under a "written contract requiring insurance" with caused by an offense committed: that person or organization. We waive this right a. After you have signed that written contract; only where you have agreed to do so as part of b. While that part of the written contract is inthe "written contract requiring insurance" with effect; andsuchpersonororganizationsignedbyyou before, and in effect when, the "bodily injury" or c. Before the end of the policy period.property damage" occurs, or the "personal injury" offense is committed. Page 2 of 2 2015 The Travelers Indemnity Company AU rights reserved. CG D3 81 09 15IncludesthecopyrightedmaterialofInsuranceServicesOffice,Inc.,with its permission The following is C.7.a Packet Pg. 102 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g POLICY NUMBER: 680-6H138418-20-47 ISSUE DATE: 08/30/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED -ENTITY - NOTICE OF-- - CANCELLATION/NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 NONRENEWAL: Number of Days Notice of Nonrenewal: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OR NONRENEWAL OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OR NONRENEWAL OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZ- ATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. PROVISIONS: A. If we cancel this policyfor anystatutorilyB. If we decide to not renew this policy for any statu-A. permit- torily permitted reason, and a number of days istedreasonotherthannonpaymentofpremium, shown for nonrenewal in the schedule above, weandanumberofdaysisshownforcancellationinwillmailnoticeofthenonrenewaltothepersonorthescheduleabove, we will mail notice of cancel- organization shown in the schedule above. Welationtothepersonororganizationshowninthewillmailsuchnoticetotheaddressshowninthescheduleabove. We will mail such notice to the schedule above at least the number of daysaddressshowninthescheduleaboveatleasttheshownfornonrenewalinthescheduleabovebe-number of days shown for cancellation in the fore the expiration date.schedule above before the effective date of can- cellation. IL T4 00 12 09 2009 The Travelers Indemnity Company Page 1 of 1 contract or agreement.additional insured foralosswecover. However, if you specifically agree in the "written contract The insurance provided to such additional insured requiring insurance" that this insurance provided is limited as follows:to the additional insured under this Coverage Part e. This insurance does not apply on any basis to must apply on a primary basis or a primary and any person or organization for which non-contributory basis, this insurance is primary coverage as an additional insured specifically to other insurance available to the additional is added by another endorsement to this insuredwhichcoversthatpersonororganizationsCoveragePart. as a named insured for such loss, andwewillnotsharewiththeother insurance, provided that:f. This insurance does not apply to the 1) The "bodily injury" or "property damage" for rendering _ of or failure to render any professional services". which coverage is sought occurs; and g. In the event that the Limits of Insurance of the 2) The "personal injury" for which coverage is Coverage Part shown in the Declarations sought arises out of an offense committed; exceed the limits of liability required by the after you have signed that "written contract written contract requiring insurance", the requiring insurance". But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance, whether primary,by that " written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III — person or organization is anadditionalinsuredLimitsOfInsurance. under any other insurance.CG D3 81 09 15 2015 The Travelers Indemnity Company All rights reserved. Page 1 C.7.a Packet Pg. 103 At t a c h m e n t : A t t a c h m e n t 1 - T K E A g r e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g 2020-17 AGREEMENT FOR CONTRACT SERVICES By and Between CITY OF GRAND TERRACE and WILLDAN ENGINEERING for ON-CALL ENGINEERING SERVICES 01247.0006/656677.2 7/9/2020 recyclable material as mandated under the California Green Code and City of Grand Terrace Municipal Code.10.The applicant shall submit a completed Construction & Demolition ( C&D)Waste Diversion Program / Waste Management Plan (WMP) form along with the required C&D deposit based per square footage of construction and/ or demolition prior to building permit issuance.11. Project with new landscape areas of 500 square feet or more are subject to the 2015 Model Water Efficient Landscape Ordinance (MWELO). lifornia.Debra L. Thomas City Clerk C.7.b Packet Pg. 104 At t a c h m e n t : A t t a c h m e n t 2 - W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND WILLDAN ENGINEERING FOR ON-CALL ENGINEERING SERVICES This "AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND WILLDAN ENGINEERING FOR ON-CALL ENGINEERING SERVICES" (herein"Agreement") is made and entered into this 1414day of juicy , 2020 by and between the City of Grand Terrace, a California municipal corporation ("City") and Willdan Engineering, a California corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the Parties." RECITALS A. City has sought, by issuance of a Request for Qualifications, the performance of the services defined and described particularly in Article 1 of this Agreement. B. The Parties desire to formalize the selection of Consultant for performance ofthose 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 ofthe 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 ofServices"attached hereto as Exhibit"A"and incorporated herein by this reference, which may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes ofthis Agreement,the phrase"highest professional standards" shall mean those standards of practice recognized by one or more first- class firms performing similar work under similar circumstances. 01247.0006/656677.2 7/9/2020 2- J- 5 Fire Inspection will be required during Hydrant installation.1. Indicate on Plans the Turning radius as required on Standard A-1 2. Fire lane to be 26 ft, indicate on plans on all drive aisles. 3. Resubmit Plans.v 19.02.0 Page 2 of 3 to manage water quality and hydrologic effects of the proposed Project.Specifically, the LID BMPs shall be implemented to ensure the Project meets or exceeds the minimum design capture volume of the site.PC Reso No. 2020-03 Page 10 of 14 July 16, C.7.b Packet Pg. 105 At t a c h m e n t : A t t a c h m e n t 2 - W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g 1.2 Consultant's Proposal. The Scope of Service shall include the Consultant's scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms ofsuch proposal and this Agreement,the terms ofthis 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 maybe required by law for the performance ofthe services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment,materials,papers, documents,plans,studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 01247.0006/656677.2 7/9/2020 3- Indicate on Plans the Turning radius as required on Standard A-1 2. Fire lane to be 26 ft, indicate on plans on all drive aisles.3. Resubmit Plans.v 19.02.0 Page 2 of 3 to manage water quality and hydrologic effects of the proposed Project.Specifically, the LID BMPs shall be implemented to ensure the C.7.b Packet Pg. 106 At t a c h m e n t : A t t a c h m e n t 2 - W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in(i)the Contract Sum for the actual costs ofthe extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or$25,000,whichever is less; or, in the time to perform of up to one hundred eighty 180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless.the procedures established in this Section are followed. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the"Special Requirements" attached hereto as Exhibit`B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit `B" and any other provisions of this Agreement, the provisions of Exhibit `B" shall govern. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. The total compensation,including reimbursement for actual expenses, shall not exceed Fifty Thousand Dollars ($50,000) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1.8. 01247.0006/6566772 7/9/2020 4- Page 2 of 3 to manage water quality and hydrologic C.7.b Packet Pg. 107 At t a c h m e n t : A t t a c h m e n t 2 - W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g 2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant's rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or(iv) such other methods as may be specified in the Schedule of Compensation. 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category)., travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five(45) days of receipt of Consultant's correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. 01247.0006/656677.2 7/9/2020 5- C.7.b Packet Pg. 108 At t a c h m e n t : A t t a c h m e n t 2 - W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. In addition,upon issuance of a Notice to Proceed on a Task Order,time is of the essence in the performance of the Task Order's Scope of Work or Scope of Services. 3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty(180) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including,but not restricted to, acts of God or of the public enemy,unusually severe weather,fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding two (2) years from the date hereof The City in its sole and absolute-discretion may extend the term ofthis Agreement by one(1) year. ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Consultant. The following principals of Consultant ("Principals") are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: 01247.0006/656677.2 7/9/2020 6- view 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 C.7.b Packet Pg. 109 At t a c h m e n t : A t t a c h m e n t 2 - W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g Fredrick Wickman, PE Project Manager Name) Title) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors,ifany, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. 4.2 Status of Consultant. Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant,nor any of Consultant's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be the City Manager or such person as may be designated by the City Manager. It shall be the Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms 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 01247.0006/6566772 7/9/2020 7- C.7.b Packet Pg. 110 At t a c h m e n t : A t t a c h m e n t 2 - W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent(25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City. ARTICLE 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City: a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit. b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in.this Agreement. c) Automotive Insurance (Form CA 0001 (Ed 1/87) including "any auto" and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than 1,000,000. Said policy shall include coverage for owned, non-owned, leased,hired cars and any automobile. 01247.0006/6566772 7/9/2020 8- mpensation 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 C.7.b Packet Pg. 111 At t a c h m e n t : A t t a c h m e n t 2 - W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g d) Professional Liability. Professional liability insurance appropriate to the Consultant's profession. This coverage maybe written on a"claims made"basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all 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 ofsaid 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 01247.0006/656677.2 7/9/2020 9- ll 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 01247.0006/6566772 7/9/ 2020 7- C.7.b Packet Pg. 112 At t a c h m e n t : A t t a c h m e n t 2 - W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g 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: 01247.0006/656677.2 7/9/2020 10- rein 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 01247.0006/6566772 7/ 9/2020 7- C.7.b Packet Pg. 113 At t a c h m e n t : A t t a c h m e n t 2 - W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g 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 ofInsurer. 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 maybe changed accordingly upon receipt of written notice from the Risk Manager. 01247.0006/656677.2 7/9/2020 11- erm, provision, covenant or condition of this Agreement, and in connection therewith:01247.0006/656677.2 7/9/2020 10-rein 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 C.7.b Packet Pg. 114 At t a c h m e n t : A t t a c h m e n t 2 - W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g 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 ofthe documents and materials hereunder. Any use,reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656677.2 7/9/2020 12- C.7.b Packet Pg. 115 At t a c h m e n t : A t t a c h m e n t 2 - W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g 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 ofsupport,testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary"provided Consultant gives City notice of such court order or subpoena. c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct. d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District 01247.0006/656677.2 7/9/2020 13- horization by the Consultant will be at the City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties shall not extend to such use,reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656677.2 7/9/2020 12- C.7.b Packet Pg. 116 At t a c h m e n t : A t t a c h m e n t 2 - W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g 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 ofthis Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative,the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement. 7.3 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant's acts or omissions in performing or failing to perform Consultant's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because ofsuch withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party 01247.0006/656677.2 7/9/2020 14- C.7.b Packet Pg. 117 At t a c h m e n t : A t t a c h m e n t 2 - W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement. 7.7 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon written notice to Consultant. In addition, the Consultant may terminate this Contract for cause, upon sixty(60) days' advance written notice to City. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section,the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.8 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2,take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated(provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.9 Attorney's Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/656677.2 7/9/2020 15- euse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656677.2 7/ 9/2020 12- C.7.b Packet Pg. 118 At t a c h m e n t : A t t a c h m e n t 2 - W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g 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 ofthe provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney's fees, incurred by City. 01247.0006/656677.2 7/9/2020 16- stated.7.9 Attorney's Fees.If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable,shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/656677.2 7/9/2020 15- euse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656677.2 7/9/2020 12- C.7.b Packet Pg. 119 At t a c h m e n t : A t t a c h m e n t 2 - W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 Notices. Any notice, demand,request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Grand Terrace, 22795 Barton Rd, Grand Terrace, CA 92313, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72)hours from the time ofmailing 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 ofthe basic benefit of their bargain or renders this Agreement meaningless. 01247.0006/656677.2 7/9/2020 17- 7.9 Attorney's Fees.If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable,shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/656677.2 7/9/2020 15-euse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656677.2 7/9/2020 12- C.7.b Packet Pg. 120 At t a c h m e n t : A t t a c h m e n t 2 - W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g 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 ofvalue as a result or consequence ofobtaining 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 Urn 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that(i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. SIGNATURES ON FOLLOWING PAGE] 01247.0006/656677.2 7/9/2020 18- 17-7.9 Attorney's Fees.If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable,shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/ 656677.2 7/9/2020 15-euse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656677.2 7/9/2020 12- C.7.b Packet Pg. 121 At t a c h m e n t : A t t a c h m e n t 2 - W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: City of Grand Terrace, a unicipal corporation Darcy cNab , 7ST:ebra homas, City Clerk APPROVED AS TO FORM: ALESHIRE &LP Adrian R. Guerra, City Attorney CONSULTANT: Willdan Engineering, a California corporation By: Name: Var=ss IA U Title: 'Vic By: vl1r1d7Name: uiTitle: d Otrmea Address: Ax 3 0 c/a .6, 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. 01247.0006/656677.2 7/9/2020 19 nts 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, C.7.b Packet Pg. 122 At t a c h m e n t : A t t a c h m e n t 2 - W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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. STATE OF CALIFORNIA COUNTY OF SDA d-B On 66)9 ,2020 before me,- personally appeared (1 Poved to me on the basis of satisfactory evidence to be the person( whose names(N) is/ re subscribed to the within instrument and acknowledged to me that be/she/th13,y executed the same in li/her/tH it authorized capacity(iK and that by RI's/her/the'k signature(on the instrument the person(„ or the entity upon behalf of which the person(; 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. CAT}r6411411.4bWITNESSmhandandofficialseal. Notary Public D.STEELE Y Notary Public•California 9 Orange County Signature. yq' Commission 12324944 My Comm.Expires Apr 13,2024 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 E CRIPT ON OF A TA ED D,p N T 4 INDIVIDUAL Yl 0 Q CORPORATE OFFICER 6 TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) LIMITED GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAM, FlPERSON(S,)OR ENTITY(IES)) SIGNERS) OTH R THAN NAMED ABOVE 01247.0006/656677.2 7/9/2020 ment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.Consultant's Authorized Initials Urn 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that(i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.SIGNATURES ON FOLLOWING PAGE] 01247.0006/656677.2 7/9/2020 18-17-7.9 Attorney's Fees.If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable,shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247. 0006/656677.2 7/9/2020 15-euse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656677.2 7/9/2020 12- C.7.b Packet Pg. 123 At t a c h m e n t : A t t a c h m e n t 2 - W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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. STATE OF CALIFORNIA COUNTY OF OO Ong 4,2020 before me; — ' personally appeared proved to me on the basis of satisfactory evidence to be the personN whose names(X) is/a' subscribe o within instrument and acknowledged to me that /she/tfy executed the same in h /her/thblr authorized capacity(N), and that by h`i./her/th6 signature( on the instrument the person(k or the entity upon behalf of which the person() acted, executed the mstrument. I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct. rill":1:" CATHALEEN D.STEELE WITNES my hand and official seal. Notary Public•California s Orange County Common N 23249344Signature. 1/\ Aly Comm Expires Apr 13 2024 r 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 O tIZACHEDOCUMENT INDIVIDUAL ce c CY2J ^-c-? al&RATE OFFICER 0/Yl h U AJZ-- TITLE OR TYPE OF DOCUMENT ITLE(S PARTNER(S) LIMITED GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: V Q,p-1 LAX) AME ERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMEDBOVE d A r/v.,, 6-(V, 01247.0006/656677.2 7/9/2020erthing of value will render this Agreement void and of no force or effect.Consultant' s Authorized Initials Urn 9.7 Corporate Authority.The persons executing this Agreement on behalf of the parties hereto warrant that(i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.SIGNATURES ON FOLLOWING PAGE]01247.0006/656677.2 7/9/2020 18-17-7.9 Attorney's Fees.If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/656677.2 7/9/2020 15- euse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656677. 2 7/9/2020 12- C.7.b Packet Pg. 124 At t a c h m e n t : A t t a c h m e n t 2 - W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g EXHIBIT "A" SCOPE OF SERVICES On an on-call basis, Consultant will perform Professional Engineering services generally described in this Scope of Services. This Agreement retains the Consultant's on-call availability, but does not guarantee that the Consultant shall be selected to provide services on a project-specific Task Order. II. When the City requests proposals from on-call engineers (including the Consultant) on a project-specific Task Order, and if the City accepts Consultant's proposal, then the Task Order and Notice to Proceed shall provide in detail Consultant's Scope of Services on that Task Order.This Agreement does not guarantee that Consultant will be selected to perform services on Task Orders. This Agreement does not provide for Consultant's compensation except for Consultant's services rendered pursuant to a Notice to Proceed on a Task Order. III. Consultant's on-call Professional Engineering Services may include,but are not limited to, the following: A. Project studies B. Research C. Grant Opportunities for Public Works projects D. Land Survey E. Coordinate and/or obtain approvals from various private and public agencies F. Public meetings, workshops, and presentations G. Project-related reports H. Develop conceptual/preliminary plans and designs I.Develop construction plans and specifications J.Project estimates K. Project schedule L. Bid analysis M. Environmental documents and permit compliance N. Utility research and coordination O. Construction support (such as review of quantities and field inspections) 01247.0006/656677.2 7/9/2020 A-1 OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: V Q, C.7.b Packet Pg. 125 At t a c h m e n t : A t t a c h m e n t 2 - W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g P. Construction management Q. Services associated with project development R. Provide development processing services,including,but not limited to,plan and map checking, on-site oversight, and inspections for new development activity as directed. S. Provide City Traffic Engineering related services such as traffic safety investigations, speed zone surveys, route planning, corridor analysis, capacity evaluations, bicycle and pedestrian facilities analysis, traffic impact reports, traffic signal and control systems, parking facilities, street signage and marking programs, and street lighting; IV. Consultant's on-call Professional Engineering Services may include temporary augmentation of staff functions including, but not limited to, the following: A. Perform at the Project Engineer and/or Project Manager(both of which are referred to herein as "PM") level to assist the Public Works department with various projects. B. The PM shall be a registered professional Civil Engineer licensed to practice in the State of California, with a minimum of 10 years of experience in design and construction management and project management of a variety of Public Works projects. The PM shall have clear oral and written communication skills. C. The PM's services may be required during all or part of a project, from planning stages to project conclusion. D. The PM shall efficiently conduct effective workshops with community groups and have an explicit understanding of the California Public Contract Code. E. The PM will be housed in City Hall performing requisite management and administrative services on projects, and coordinate with City staff. F. Develop matrices of the active and proposed projects with schedules,budgets, and priorities. G. Perform thorough research of information relevant to each project (i.e. record drawings, field investigation, site conditions, restrictions, and CEQA status). H. Discuss and coordinate future projects with various agencies (e.g. utility companies, pipeline companies, San Bernardino County, San Bernardino Sheriffs, and Caltrans). I.Prepare and compose Requests for Proposals(RFP).Review and evaluate proposals and provide recommendations to City Engineer,Director ofPublic Works,and City Council. 01247.0006/656677.2 7/9/2020 A-2 lly bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.SIGNATURES ON FOLLOWING PAGE]01247.0006/656677.2 7/9/2020 18-17-7.9 Attorney's Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable,shall be entitled to reasonable attorney' s fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/656677.2 7/9/2020 15-euse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656677.2 7/9/2020 12- C.7.b Packet Pg. 126 At t a c h m e n t : A t t a c h m e n t 2 - W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g J.Prepare and conduct presentations to City staff, City Council, Commissions, and the public. K. Draft construction plans using Autocad® software or such other software that the City may require. L. Compose project specifications and estimates. M. Prepare and coordinate projects for the bidding process. N. Coordinate, conduct, and attend various meetings (e.g. staff meetings, construction meetings, progress meetings, utility coordination meetings, Council meetings, and workshops). O. Meet with various City departments and solicit input for project design, schedule, and budgets. P. Manage project budgets and closely work with City's Finance Department staff. Q. Review, evaluate, approve, and process payments to consultants, contractors, and various agencies. R. Review, evaluate, negotiate, and approve proposed changes by consultants and contractors. S. Perform field work such as inspections and job walks. T. Efficiently and effectively develop and manage multiple Public Works Capital Improvement Projects from planning stage through the conclusion of the project. V. Consultant must perform all on-call Services in compliance with the following requirements: A. Each task shall be indicated by a written request (Task Order) produced by the Contract Officer with a description of the work to be performed, and the time desired for completion. All tasks shall be carried out in conformity with all provisions of this Agreement. B. Consultant must prepare a written description of the requested tasks including all components and subtasks; the costs to perform the task("Task Budget"),using the itemized fees in Exhibit C, Schedule of Compensation, whenever a requested task is provided for in Exhibit C; explain how the cost was determined; and, a schedule for completion of the task ("Task Completion Date"); which shall all collectively be referred to as the "Task Proposal". C. Contract Officer shall in writing approve, modify, or reject the Task Proposal, and may issue a Notice to Proceed. 01247.0006/656677.2 7/9/2020 A-3 o Sheriffs,and Caltrans).I.Prepare and compose Requests for Proposals(RFP).Review and evaluate proposals and provide recommendations to City Engineer,Director of Public Works,and City Council.01247.0006/656677.2 7/9/2020 A-2 lly bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.SIGNATURES ON FOLLOWING PAGE]01247. 0006/656677.2 7/9/2020 18-17-7.9 Attorney's Fees.If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable,shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/ 656677.2 7/9/2020 15-euse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656677.2 7/9/2020 12- C.7.b Packet Pg. 127 At t a c h m e n t : A t t a c h m e n t 2 - W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g D. The task shall be performed at a cost not to exceeding the Task Budget. E. Consultant shall complete the task and deliver all deliverables to Contract Officer by the Task Completion Date. VI. In addition to the requirements of Section 6.2 and pursuant to the Task Order's project- specific Scope of Services, the Contract Officer may require the Consultant to provide the following deliverables, as applicable: A. Project studies B. Research results C. Grant information and application D. Survey maps E. Photos F. Conceptual plans G. 50% Construction Plan Submittal H. Construction plan submittal with specifications and estimates at 75%, 90%, and 100% levels I.Permits J.Inspection Reports and field reports K. All other related items the City deems necessary for the project VII. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City. VIII. Consultant will utilize qualified personnel with the following titles to perform the Services required by the applicable Task Order. Consultant shall obtain the Contract Officer's advanced written approval when replacing any individual assigned to perform services on Task Orders: A. Frederick Wickman, PE, Project Manager B. Vanessa Munoz, PE, TE, PTOE, Principal-in-Charge C. Ron Stein, PE, Private Development Review Task Leader D. Salvador Lopez Jr., Environmental Preparation &Permitting Task Leader 01247.0006/656677.2 7/9/2020 A-4heitemizedfeesin Exhibit C, Schedule of Compensation, whenever a requested task C.7.b Packet Pg. 128 At t a c h m e n t : A t t a c h m e n t 2 - W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g E. Mohsen Rahimian, PE, GE, Material Remediation Task Leader F. Christopher D. Baca, RCI, CESSWI, Construction Management Task Leader G. Diane Rukavina, PE, Grant Administration Task Manager H. Alexis Escobar, EIT, General Civil Engineering/Utility Design I.Bernardo Reyes, General Civil Engineering/Utility Design/Private Development Review J.Melvin Gillard, General Civil Engineering/Utility Design K. Patricia Hernandez, General Civil Engineering/Utility Design L. Randy Shadowen, General Civil Engineering/Utility Design M. Kenneth Krieger, General Civil Engineering/Private Development Review N. Bryan Nguyen, RLA, Landscape Architecture O. Carlos Espinoza, Landscape Architecture P. Sheila McCracken, Utility Design Q. David Krommenhoek, PLS, Land Surveying and Mapping Services R. Susana Barrientos, Land Surveying and Mapping Services S. Peter Rei, PE, PLS, Land Surveying and Mapping Services/Private Development Review T. Farhad Iranitalab, PE, TE, Traffic Engineering and Planning U. Manoochehr Adhami, PE, TE, Traffic Engineering and Planning V. Robert Burch, Traffic Engineering and Planning/Private Development Review W: Kevin Custado, EIT, Traffic Engineering and Planning/Private Development Review X. Reginald Greene, Traffic Engineering and Planning Y. Nicolle Spann, EIT, Traffic Engineering and Planning Z. Chris Stone, Private Development Review AA. Joanne Itagaki, Private Development Review 01247.0006/656677.2 7/9/2020 A-5 Permitting Task Leader 01247.0006/656677. 2 7/9/2020 A-4 he itemized fees in Exhibit C, Schedule of Compensation, whenever a requested task is provided for in Exhibit C; explain how the cost was determined; and, a schedule for completionofthetask ("Task Completion Date"); which shall all collectively be referred to C.7.b Packet Pg. 129 At t a c h m e n t : A t t a c h m e n t 2 - W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g BB. Loren Clifton, PE, Private Development Review CC. Glenn Hale, PE, CEM, CPESC, QSP/D, Private Development Review DD. James Mitsch, PE, Staff Augmentation EE. John M. Thomason, QSP/D, CPESC, CESSWI, ENV SP, LEED AP, Environmental Preparation and Permitting FF. Christine Kudija, JD, AICP, Environmental Preparation and Permitting GG. Ross Khiabani, PE, GE, Material Remediation HH. Larry Brown, Construction Management II. Jason Brown, Construction Management JJ. Matthew Crim, EIT, Construction Management KK. Jane Freij, Construction Management LL. Rafael Casillas, PE, Public Outreach and Communication MM. Christopher Kelley, PE, QSD/P, Municipal Stormwater Permit Compliance Services 01247.0006/656677.2 7/9/2020 A-6 C.7.b Packet Pg. 130 At t a c h m e n t : A t t a c h m e n t 2 - W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g EXHIBIT "B" SPECIAL REQUIREMENTS Superseding Contract Boilerplate) 01247.0006/656677.2 7/9/2020 B-1 DD. James Mitsch, PE, Staff Augmentation EE. John M. Thomason, QSP/D, CPESC, CESSWI, ENV SP, LEED AP,Environmental Preparation and Permitting FF. Christine Kudija, JD, AICP, Environmental Preparation and Permitting GG. Ross Khiabani, PE, GE, Material Remediation HH. Larry Brown, Construction Management II. Jason Brown, Construction Management JJ. Matthew Crim, EIT, Construction Management KK. Jane Freij, Construction Management LL. Rafael Casillas, PE, Public Outreach and Communication MM. Christopher Kelley, PE, QSD/P, Municipal Stormwater Permit Compliance Services 01247. 0006/ 656677.2 7/9/2020 A-6 C.7.b Packet Pg. 131 At t a c h m e n t : A t t a c h m e n t 2 - W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g EXHIBIT "C" SCHEDULE OF COMPENSATION This Schedule of Compensation governs Consultant's compensation in the event the Consultant performs services pursuant to a Notice to Proceed on a Task Order. This Agreement does not guarantee that Consultant will be selected to perform services on Task Orders. II. Consultant responding to the City's request for proposals on a project-specific Task Order shall establish a Task Budget for the Task Order,identifying the subtasks based on the time and rates of the personnel performing the subtasks, and itemizing all materials and equipment utilized and the costs thereof. If payment is to be made other than at completion of the services, then the phases of the performance and percentage of payment due shall also be shown in the Task Proposal. Consultant's proposals on Task Orders shall be based on hourly rates identical to the rates attached as Exhibit C-1. III. The City shall retain ten percent (10%) from each payment as a contract retention to be paid as part of final payment upon satisfactory completion of services on a Task Order. IV. City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor,supplies, equipment,materials,and travel properly charged to the Services. V. The total compensation for the Services shall not exceed $50,000 for the term of this Agreement, as provided in Section 2.1 of this Agreement. VI. Consultant's billing rates for Services are attached as Exhibit C-1.To the extent any portion of Consultant's work is subject to prevailing wage requirements, then Consultant's proposal on a Task Order shall include a Task Budget with hourly rates adjusted for prevailing wage. 01247.0006/656677.2 7/9/2020 C-1 nd Caltrans). I.Prepare and compose Requests for Proposals(RFP).Review and evaluate proposals and provide recommendations to City Engineer,Director of Public Works,and City Council.01247.0006/656677.2 7/9/2020 A-2 lly bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.SIGNATURES ON FOLLOWING PAGE]01247.0006/656677.2 7/9/2020 18-17-7.9 Attorney' s Fees.If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable,shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/656677.2 7/9/2020 15-euse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/ 656677. 2 7/9/2020 12- C.7.b Packet Pg. 132 At t a c h m e n t : A t t a c h m e n t 2 - W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g EXHIBIT "C-1" CONSULTANT'S RATES Classification Hourly Billing Rate Engineering Principal In Charge 160 Project Manager 160 Traffic Engineer 160 Director of Public Works 150 Lead Engineer 150 Supervising Engineer 150 Senior Engineer 140 Engineering Associate III 125 Engineering Associate II 115 Engineering Associate I 105 Senior Engineering Technician 105 Engineering Technician III 95 Engineering Technician II 85 Engineering Technician I 75 Student Trainee 30 Grading Plans Examiner 140 Construction Management Construction Manager 145 Assistant Construction Manager 130 Supervising Public Works Observer 135 Senior Public Works Observer 125 Public Works Observer III 120 Public Works Observer II 115 Public Works Observer I 105 Overtime 140% of the above listed rates 01247.0006/656677.2 7/9/2020 C-2 ayment upon satisfactory completion of services on a Task Order.IV. City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.B. Line items for all materials and equipment properly charged to the Services.C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.D. Line items for all approved subcontractor labor,supplies, equipment,materials,and travel properly charged to the Services.V. The total compensation for the Services shall not exceed $50,000 for the term of this Agreement, as provided in Section 2.1 of this Agreement.VI. Consultant'sbillingratesforServices are attached as Exhibit C-1.To the extent C.7.b Packet Pg. 133 At t a c h m e n t : A t t a c h m e n t 2 - W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g EXHIBIT "D" SCHEDULE OF PERFORMANCE I.From the term of this Agreement, Consultant shall provide Services on an on-call basis as set forth in Exhibit A. II. If the City selects the Consultant's proposal to perform a project-specific Task Order, the Task Order's Scope of Work/Services or the Notice to Proceed, or both, shall provide the detailed schedule of performance. III. The Contract Officer may approve extensions for performance of the Services in accordance with Section 3.2. 01247.0006/656677.2 7/9/2020 D-1 Construction Management KK. Jane Freij, Construction Management LL. Rafael Casillas, PE, Public Outreach and Communication MM. Christopher Kelley, PE, QSD/P, Municipal Stormwater Permit Compliance Services 01247.0006/ 656677.2 7/9/2020 A- 6 C.7.b Packet Pg. 134 At t a c h m e n t : A t t a c h m e n t 2 - W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g 01247.0006/763795.1 AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF GRAND TERRACE AND WILLDAN ENGINEERING FOR ON-CALL ENGINEERING SERVICES This AMENDMENT NO. 1 TO THE AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND WILLDAN ENGINEERING FOR ON-CALL ENGINEERING SERVICES (“Amendment No. 1”) by and between the CITY OF GRAND TERRACE (“City”) and WILLDAN ENGINEERING, a California corporation (“Consultant”) is effective as of the ______ day of February, 2022. RECITALS A. The City and Consultant entered into that certain Agreement for Contract Services By and Between the City of Grand Terrace and Willdan Engineering for On-Call Engineering Services, dated July 14, 2020, with a total compensation of $50,000, and for a term of 2 years that may be extended by the City by 1 year (“Agreement”). B. By this Amendment No. 1, the City and Consultant desire to extend the term of the Agreement from July 14, 2022, to July 14, 2023 and, further, desire to increase the total compensation of the Agreement from $50,000 to $93,290. TERMS 1. Contract Amendments. The Agreement is amended as provided herein: 1.1 Section 2.1 (Contract Sum) is hereby amended as follows (strikethrough represents deleted language while bold italics represents added language): “Subject to any limitation set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Fifty Thousand Dollars ($50,000) Ninety-Three Thousand Two Hundred Ninety Dollars ($93,290) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.” 1.2 Section V of Exhibit “C” (Schedule of Compensation) is hereby amended in its entirety as follows: “The total compensation for the Services shall not exceed $93,290 for the term of this Agreement, as provide in Section 2.1 of this Agreement.” 1.3 Pursuant to Section 3.4 (Term), the term of the Agreement is hereby extended such that it shall expire on July 14, 2023. 2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and C.7.c Packet Pg. 135 At t a c h m e n t : A t t a c h m e n t 3 - P r o p o s e d A m e n d m e n t N o . 1 t o W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d 01247.0006/763795.1 after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 1. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. Consultant represents and warrants to City that, as of the date of this Amendment No. 1, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Consultant that, as of the date of this Amendment No. 1, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 5. Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to 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] C.7.c Packet Pg. 136 At t a c h m e n t : A t t a c h m e n t 3 - P r o p o s e d A m e n d m e n t N o . 1 t o W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d 01247.0006/763795.1 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: WILLDAN ENGINEERING, a Colorado corporation By: Name: Title: By: Name: Title: Address: 2401 E. Katella Ave., #300 Anaheim, CA 92806 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. C.7.c Packet Pg. 137 At t a c h m e n t : A t t a c h m e n t 3 - P r o p o s e d A m e n d m e n t N o . 1 t o W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d 01247.0006/763795.1 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. C.7.c Packet Pg. 138 At t a c h m e n t : A t t a c h m e n t 3 - P r o p o s e d A m e n d m e n t N o . 1 t o W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d 01247.0006/763795.1 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. C.7.c Packet Pg. 139 At t a c h m e n t : A t t a c h m e n t 3 - P r o p o s e d A m e n d m e n t N o . 1 t o W i l l d a n A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d 2020-15 AGREEMENT FOR CONTRACT SERVICES By and Between CITY OF GRAND TERRACE and INTERWEST CONSULTING GROUP, INC. for ON-CALL ENGINEERING SERVICES 01247.0006/656770.2 7/9/2020 c Task Order, the Task Order's Scope of Work/Services or the Notice to Proceed, or both, shall provide the detailed schedule of performance.III. The Contract Officer may approve extensions for performance of the Services in accordance with Section 3.2.01247.0006/656677.2 7/ 9/2020 D-1 Construction Management KK. Jane Freij, Construction Management LL. Rafael Casillas, PE, Public Outreach and Communication MM. Christopher Kelley, PE, QSD/P, Municipal Stormwater Permit Compliance Services 01247.0006/656677. 2 7/9/2020 A-6 C.7.d Packet Pg. 140 At t a c h m e n t : A t t a c h m e n t 4 - I n t e r w e s t A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND INTERWEST CONSULTING GROUP, INC. FOR ON-CALL ENGINEERING SERVICES This "AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND INTERWEST CONSULTING GROUP, INC. FOR ON-CALL ENGINEERING SERVICES" (herein "Agreement") is made and entered into this !4014 day of JuLM , 2020 by and between the City of Grand Terrace, a California municipal corporation City") and Interwest Consulting Group, Inc. ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the Parties." RECITALS A. City has sought, by issuance of a Request for Qualifications, the performance of the services defined and described particularly in Article 1 of this Agreement. B. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: ARTICLE 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement,the Consultant shall provide those services specified in the"Scope ofServices"attached hereto as Exhibit"A"and incorporated herein by this reference, which may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement,the phrase"highest professional standards" shall mean those standards of practice recognized by one or more first- class firms performing similar work under similar circumstances. 01247.0006/656770.2 7/9/2020 2- rs and assigns of the parties.SIGNATURES ON FOLLOWING PAGE]01247.0006/656677.2 7/9/2020 18-17-7.9 Attorney's Fees.If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable,shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/656677.2 7/9/2020 15-euse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656677.2 7/ 9/2020 12- C.7.d Packet Pg. 141 At t a c h m e n t : A t t a c h m e n t 4 - I n t e r w e s t A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g 1.2 Consultant's Proposal. The Scope of Service shall include the Consultant's scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement,the terms of this Agreement shall govern. 1.3 Compliance with Law. Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses,permits and approvals as may be required by law for the performance ofthe services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes,plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment,materials,papers, documents,plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 01247.0006/656770.2 7/9/2020 3- 7/9/ 2020 18-17-7.9 Attorney's Fees.If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable,shall be entitled to reasonable attorney's fees. Attorney' s fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/656677.2 7/9/2020 15-euse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/ 656677.2 7/9/2020 12- C.7.d Packet Pg. 142 At t a c h m e n t : A t t a c h m e n t 4 - I n t e r w e s t A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in(i)the Contract Sum for the actual costs ofthe extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or$25,000,whichever is less; or, in the time to perform of up to one hundred eighty 180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the"Special Requirements" attached hereto as Exhibit`B" and incorporated herein by this reference. In the event ofa conflict between the provisions of Exhibit."B" and any other provisions of this Agreement, the provisions of Exhibit `B" shall govern. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. The total compensation,including reimbursement for actual expenses, shall not exceed Fifty Thousand Dollars ($50,000) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1.8. 01247.0006/656770.2 7/9/2020 4- in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable,shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/656677.2 7/9/2020 15- euse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656677.2 7/9/2020 12- C.7.d Packet Pg. 143 At t a c h m e n t : A t t a c h m e n t 4 - I n t e r w e s t A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g 2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant's rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or(iv) such other methods as may be specified in the Schedule of Compensation. 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five(45) days ofreceipt of Consultant's correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. 01247.0006/656770.2 7/9/2020 5- ttorney' s fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/656677.2 7/9/2020 15-euse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656677.2 7/9/2020 12- C.7.d Packet Pg. 144 At t a c h m e n t : A t t a c h m e n t 4 - I n t e r w e s t A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. In addition,upon issuance of a Notice to Proceed on a Task Order, time is of the essence in the performance of the Task Order's Scope of Work or Scope of Services. 3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty(180) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including,but not restricted to, acts of God or of the public enemy,unusually severe weather,fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten(10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding two (2) years from the date hereof. The City in its sole and absolute discretion may extend the term of this Agreement by one (1) year. ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Consultant. The following principals of Consultant ("Principals") are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: 01247.0006/656770.2 7/9/2020 6- ssion. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.2.5 Waiver.Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.01247.0006/656770.2 7/9/ 2020 5-ttorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/656677.2 7/9/2020 15-euse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656677.2 7/9/2020 12- C.7.d Packet Pg. 145 At t a c h m e n t : A t t a c h m e n t 4 - I n t e r w e s t A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g James G. Ross Public Works Group Leader Name) Title) Manuel Gomez Project Manager Name) Title) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors,ifany, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. 4.2 Status of Consultant. Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant,nor any of Consultant's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be the City Manager or such person as may be designated by the City Manager. It shall be the Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms ofthis Agreement. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner,mode or means by which Consultant, its agents or employees,perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an 01247.0006/656770.2 7/9/2020 7- er necessary costs 01247.0006/656677. 2 7/9/2020 15-euse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656677.2 7/9/2020 12- C.7.d Packet Pg. 146 At t a c h m e n t : A t t a c h m e n t 4 - I n t e r w e s t A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent(25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City. ARTICLE 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City: a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit. b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement. c) Automotive Insurance (Form CA 0001 (Ed 1/87) including "any auto" and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than 01247.0006/656770.2 7/9/2020 8- umber,compensation or hours of service. Consultant shall perform all services required herein as an 01247.0006/656770.2 7/9/2020 7-er necessary costs 01247.0006/656677.2 7/9/2020 15-euse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/ 656677. 2 7/9/2020 12- C.7.d Packet Pg. 147 At t a c h m e n t : A t t a c h m e n t 4 - I n t e r w e s t A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g 1,000,000. Said policy shall include coverage for owned, non-owned, leased,hired cars and any automobile. d) Professional Liability. Professional liability insurance appropriate to the Consultant's profession. This coverage maybe written on a"claims made"basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all ofthe requirements stated herein. f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit"B". 5.2 General Insurance Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant's insurance.. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty(30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled,the Consultant shall,prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete,certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following"cancellation"notice: CANCELLATION: 01247.0006/656770.2 7/9/2020 9- y damage in an amount not less than 01247.0006/656770.2 7/9/2020 8-umber,compensation or hours of service. Consultant shall perform all services required herein as an 01247.0006/656770.2 7/9/2020 7-er necessary costs 01247. 0006/656677.2 7/9/ 2020 15-euse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656677.2 7/9/2020 12- C.7.d Packet Pg. 148 At t a c h m e n t : A t t a c h m e n t 4 - I n t e r w e s t A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER NAMED HEREIN. to be initialed] tiniltant Initials City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs;products and completed operations ofConsultant;premises owned,occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant's activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant's indemnification liabilities as provided in Section 5.3. In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City. 5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City,its officers, employees and agents ("Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance ofthe work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable("indemnitors"),or arising from Consultant's or indemnitors' reckless or willful misconduct,or arising from Consultant's or indemnitors'negligent performance 01247.0006/656770.2 7/9/2020 10- Consultant shall perform all services required herein as an 01247.0006/656770.2 7/9/2020 7-er necessary costs 01247. 0006/656677.2 7/9/2020 15- euse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656677.2 7/9/2020 12- C.7.d Packet Pg. 149 At t a c h m e n t : A t t a c h m e n t 4 - I n t e r w e s t A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorney's fees incurred in connection therewith; b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work,operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorney's fees. Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions,but,to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City's negligence, except that design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. 5.4 Sufficiency of Insurer. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated"A"or better in the most recent edition of Best Rating Guide,The Key Rating Guide or in the Federal Register,and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City ("Risk Manager") due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager. 01247.0006/656770.2 7/9/2020 11- erformance 01247.0006/ 656770. 2 7/9/2020 10-Consultant shall perform all services required herein as an 01247.0006/656770.2 7/9/2020 7-er necessary costs 01247.0006/656677.2 7/9/2020 15-euse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/ 656677.2 7/9/2020 12- C.7.d Packet Pg. 150 At t a c h m e n t : A t t a c h m e n t 4 - I n t e r w e s t A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g ARTICLE 6. RECORDS, REPORTS,AND RELEASE OF INFORMATION 6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers,books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the "books and records"), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three(3)years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant's business, custody of the books and records may be given to City, and access shall be provided by Consultant's successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. 6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the "documents and materials"), including any electronic documents and materials, prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City in a format of the City's choice upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use,reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656770.2 7/9/2020 12- C.7.d Packet Pg. 151 At t a c h m e n t : A t t a c h m e n t 4 - I n t e r w e s t A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed"works made for hire" for the City. 6.4 Confidentiality and Release of Information. a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney,voluntarily provide documents, declarations, letters of support,testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary"provided Consultant gives City notice of such court order or subpoena. c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct. d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District 01247.0006/656770.2 7/9/2020 13- will be at the City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties shall not extend to such use,reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656770.2 7/9/2020 12- C.7.d Packet Pg. 152 At t a c h m e n t : A t t a c h m e n t 4 - I n t e r w e s t A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California. 7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice ofthe Consultant's default shall not be deemed to result in a waiver ofthe City's legal rights or any rights arising out of any provision of this Agreement. 7.3 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant's acts or omissions in performing or failing to perform Consultant's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party 01247.0006/656770.2 7/9/2020 14- C.7.d Packet Pg. 153 At t a c h m e n t : A t t a c h m e n t 4 - I n t e r w e s t A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement. 7.7 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon written notice to Consultant. In addition, the Consultant may terminate this Contract for cause, upon sixty(60) days' advance written notice to City. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.8 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2,take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated(provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.9 Attorney's Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/656770.2 7/9/2020 15- reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656770.2 7/ 9/2020 12- C.7.d Packet Pg. 154 At t a c h m e n t : A t t a c h m e n t 4 - I n t e r w e s t A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation ofthe terms of this Agreement. 8.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. 8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation,marital status, national origin, ancestry or other protected class. 8.4 Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney's fees, incurred by City. 01247.0006/656770.2 7/9/2020 16- 7.9 Attorney's Fees.If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable,shall be entitled to reasonable attorney's fees. Attorney' s fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney' s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/656770.2 7/9/2020 15-reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656770.2 7/9/2020 12- C.7.d Packet Pg. 155 At t a c h m e n t : A t t a c h m e n t 4 - I n t e r w e s t A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Grand Terrace, 22795 Barton Rd, Grand Terrace, CA 92313, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72)hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 9.5 Severability. In the event that any one or more ofthe phrases, sentences, clauses,paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any ofthe remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 01247.0006/656770.2 7/9/2020 17- 7.9 Attorney's Fees.If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable,shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/656770.2 7/9/2020 15-reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656770.2 7/9/2020 12- C.7.d Packet Pg. 156 At t a c h m e n t : A t t a c h m e n t 4 - I n t e r w e s t A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g 9.6 Warranty&Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect,in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of financial interest" shall be consistent with State law and shall not include interests found to be remote" or"noninterests"pursuant to Government Code Sections 1091 or 1091.5. Nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation,including but not limited to the Political Reform Act(Government Code Sections 81000, et seq.) Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including,but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Consultant's Authorized Initi s 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this- Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. SIGNATURES ON FOLLOWING PAGE] 01247.0006/656770.2 7/9/2020 18- 7.9 Attorney' s Fees.If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable,shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/656770. 2 7/9/2020 15-reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656770.2 7/9/2020 12- C.7.d Packet Pg. 157 At t a c h m e n t : A t t a c h m e n t 4 - I n t e r w e s t A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: City of Grand errace, municipal corporation Darcy c 02oe, Ma EST: e ra Thomas, City Clerk APPROVED AS TO FORM: ALESHIRE &1, rER, LLP Adrian R. Guerra, City Attorney CONSULTANT: Interwest C s tin nc. By: ame: -r r i yut Title: By: Name: le0(Se A Title: 1j Address: 1500 S. Haven Avenue, Suite 220 Ontario, CA 92761 Tel: 909-295-3142 Two corporate officer signatures required when Consultant is a corporation,with one signature required from each of the following groups: 1)Chairman ofthe Board,President or any Vice President; and 2)Secretary,any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. 01247.0006/656770.2 7/9/2020 19 not paid or given, and will not pay or give,to any third party including,but not limited to, any City official, officer, or employee, any money,consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s),omission(s), or other conduct or collusion that would result in the payment of anymoney,consideration, or other thing of value to any third party including, but C.7.d Packet Pg. 158 At t a c h m e n t : A t t a c h m e n t 4 - I n t e r w e s t A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g ACKNOWLEDGEMENT State of Colorado ss. County of Boulder On Ru5us- 3 120 2 o before me, Te-,c, ,S. Neale,$ Notary Public, personally appeared 1.e.r r.1 J. . .ocre.-q u e who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Colorado that the foregoing paragraph is true and correct. Tricia J.Hayes NOTARY PUBLIC STATE OF COLORADO y WITNESS my hand and official seal. NOTARY ID 20034019453 My commission expires: ( //9/2023 MYCOMMISSION EXPIRES June 19,2023 Signature of Notary Pu 'c giC/lr . 4,eo ATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.01247. 0006/656770.2 7/9/2020 19 not paid or given, and will not pay or give,to any third party including,but not limited to, any City official, officer, or employee, any money,consideration, or other thing of value as a result or consequence of obtaining or being awarded anyagreement. Consultant further warrants and represents that ( s)he/it has not engaged C.7.d Packet Pg. 159 At t a c h m e n t : A t t a c h m e n t 4 - I n t e r w e s t A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g ACKNOWLEDGEMENT State of Colorado ss County of Boulder On sk 3 22.0o before me, trititt J. ales Notary Public, personally appeared ..1)e%.,ca. —17n or S o\ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Colorado that the foregoing paragraph is true and correct. Tricia J.Hayes NOTARY PUBLIC WITNESS my hand and official seal. STATE OF COLORADO My commission expires: . //9/2O23 NOTARY 12S03a0194J3MYCOMMISSIONEXPIRESJune 19,2023 Signature of Notary Publ 1iejG L J-Signature of Notary Pu 'c giC/lr . 4,eo ATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.01247. 0006/656770.2 7/9/2020 19 not paid or given, and will not pay or give,to any third party including,but not limited to, any City official, officer, or employee, any money,consideration, or other thing of value as a result or consequence of obtaining or being awarded anyagreement. Consultant further warrants and represents that ( s)he/it has not engaged C.7.d Packet Pg. 160 At t a c h m e n t : A t t a c h m e n t 4 - I n t e r w e s t A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g EXHIBIT "A" SCOPE OF SERVICES On an on-call basis, Consultant will perform Professional Engineering services generally described in this Scope of Services. This Agreement retains the Consultant's on-call availability, but does not guarantee that the Consultant shall be selected to provide services on a project-specific Task Order. II. When the City requests proposals from on-call engineers (including the Consultant) on a project-specific Task Order, and if the City accepts Consultant's proposal, then the Task Order and Notice to Proceed shall provide in detail Consultant's Scope of Services on that Task Order.This Agreement does not guarantee that Consultant will be selected to perform services on Task Orders. This Agreement does not provide for Consultant's compensation except for Consultant's services rendered pursuant to a Notice to Proceed on a Task Order. III. Consultant's on-call Professional Engineering Services may include,but are not limited to, the following: A. Project studies B. Research C. Grant Opportunities for Public Works projects D. Land Survey E. Coordinate and/or obtain approvals from various private and public agencies F. Public meetings, workshops, and presentations G. Project-related reports H. Develop conceptual/preliminary plans and designs I.Develop construction plans and specifications J.Project estimates K. Project schedule L. Bid analysis M. Environmental documents and permit compliance N. Utility research and coordination O. Construction support(such as review of quantities and field inspections) 01247.0006/656770.2 7/9/2020 A-1 o, any City official, officer, or employee, as a C.7.d Packet Pg. 161 At t a c h m e n t : A t t a c h m e n t 4 - I n t e r w e s t A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g P. Construction management Q. Services associated with project development R. Provide development processing services,including,but not limited to,plan and map checking, on-site oversight, and inspections for new development activity as directed. S. Provide City Traffic Engineering related services such as traffic safety investigations, speed zone surveys, route planning, corridor analysis, capacity evaluations, bicycle and pedestrian facilities analysis, traffic impact reports, traffic signal and control systems, parking facilities, street signage and marking programs, and street lighting; IV. Consultant's on-call Professional Engineering Services may include temporary augmentation of staff functions including,but not limited to, the following: A. Perform at the Project Engineer and/or Project Manager(both of which are referred to herein as "PM") level to assist the Public Works department with various projects. B. The PM shall be a registered professional Civil Engineer licensed to practice in the State of California, with a minimum of 10 years of experience in design and construction management and project management of a variety of Public Works projects. The PM shall have clear oral and written communication skills. C. The PM's services may be required during all or part of a project, from planning stages to project conclusion. D. The PM shall efficiently conduct effective workshops with community groups and have an explicit understanding of the California Public Contract Code. E. The PM will be housed in City Hall performing requisite management and administrative services on projects, and coordinate with City staff. F. Develop matrices of the active and proposed projects with schedules, budgets, and priorities. G. Perform thorough research of information relevant to each project (i.e. record drawings, field investigation, site conditions, restrictions, and CEQA status). H. Discuss and coordinate future projects with various agencies (e.g. utility companies, pipeline companies, San Bernardino County, San Bernardino Sheriffs, and Caltrans). I.Prepare and compose Requests for Proposals(RFP).Review and evaluate proposals and provide recommendations to City Engineer,Director of Public Works,and City Council. 01247.0006/656770.2 7/9/2020 A-2 such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.SIGNATURES ON FOLLOWING PAGE]01247.0006/656770.2 7/9/2020 18-7.9 Attorney' s Fees.If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable,shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/656770.2 7/9/2020 15-reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656770.2 7/9/2020 12- C.7.d Packet Pg. 162 At t a c h m e n t : A t t a c h m e n t 4 - I n t e r w e s t A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g J.Prepare and conduct presentations to City staff, City Council, Commissions, and the public. K. Draft construction plans using Autocad® software or such other software that the City may require. L. Compose project specifications and estimates. M. Prepare and coordinate projects for the bidding process. N. Coordinate, conduct, and attend various meetings (e.g. staff meetings, construction meetings, progress meetings, utility coordination meetings, Council meetings, and workshops). O. Meet with various City departments and solicit input for project design, schedule, and budgets. P. Manage project budgets and closely work with City's Finance Department staff Q. Review, evaluate, approve, and process payments to consultants, contractors, and various agencies. R. Review, evaluate, negotiate, and approve proposed changes by consultants and contractors. S. Perform field work such as inspections and job walks. T. Efficiently and effectively develop and manage multiple Public Works Capital Improvement Projects from planning stage through the conclusion of the project. V. Consultant must perform all on-call Services in compliance with the following requirements: A. Each task shall be indicated by a written request (Task Order) produced by the Contract Officer with a description of the work to be performed, and the time desired for completion. All tasks shall be carried out in conformity with all provisions of this Agreement. B. Consultant must prepare a written description of the requested tasks including all components and subtasks; the costs to perform the task ("Task Budget"),using the itemized fees in Exhibit C, Schedule of Compensation, whenever a requested task is provided for in Exhibit C; explain how the cost was determined; and, a schedule for completion of the task ("Task Completion Date"); which shall all collectively be referred to as the "Task Proposal". C. Contract Officer shall in writing approve, modify, or reject the Task Proposal, and may issue a Notice to Proceed. 01247.0006/656770.2 7/9/2020 A-3 Sheriffs,and Caltrans). I.Prepare and compose Requests for Proposals(RFP).Review and evaluate proposals and provide recommendations to City Engineer,Director of Public Works, and City Council.01247.0006/656770.2 7/ 9/2020 A-2 such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.SIGNATURES ON FOLLOWING PAGE]01247.0006/656770.2 7/9/2020 18-7.9 Attorney's Fees.If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable,shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247. 0006/656770.2 7/9/2020 15-reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247.0006/656770.2 7/9/2020 12- C.7.d Packet Pg. 163 At t a c h m e n t : A t t a c h m e n t 4 - I n t e r w e s t A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g D. The task shall be performed at a cost not to exceeding the Task Budget. E. Consultant shall complete the task and deliver all deliverables to Contract Officer by the Task Completion Date. VI. In addition to the requirements of Section 6.2 and pursuant to the Task Order's project- specific Scope of Services, the Contract Officer may require the Consultant to provide the following deliverables, as applicable: A. Project studies B. Research results C. Grant information and application D. Survey maps E. Photos F. Conceptual plans G. 50% Construction Plan Submittal H. Construction plan submittal with specifications and estimates at 75%, 90%, and 100% levels I.Permits J.Inspection Reports and field reports K. All other related items the City deems necessary for the project VII. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City. VIII. Consultant will utilize qualified personnel with the following titles to perform the Services required by the applicable Task Order. Consultant shall obtain the Contract Officer's advanced written approval when replacing any individual assigned to perform services on Task Orders: A. James R. Ross, Public Works Group Leader B. Manuel Gomez, Project Manager C. Kamran Saber, PE, QSD, Civil Engineer/CIP Project Management D. Kevin Ko, PE, QSD, Civil Engineer/Design Project Management 01247.0006/656770.2 7/9/2020 A-4etask ("Task Budget"), using the itemized fees in Exhibit C, Schedule of C.7.d Packet Pg. 164 At t a c h m e n t : A t t a c h m e n t 4 - I n t e r w e s t A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g E. Joe Indrawan, PE, Civil Engineer/Plan Review F. Jack Istik, PE, Civil Engineer/Plan Review G. Gary Neal, PLS, Land Surveyor/Map Check H. Nicole Jules, PE, Traffic Engineer/Transportation Planning I.Andrew Yi, PE, TE, PTOE, Traffic Engineer/Transportation Planning J.Rush Smith, TE, PTP, Traffic Engineer/Transportation Planning K. Roger Peterson, SE, Structural Engineer/Plan Review L. Oliver Roan, SE, Structural Engineer/Plan Review M. Charles Collet, Construction Manager/Inspector N. John Chesworth, Construction Manager/Inspector O. Jesse Isaac, Construction Manager/Inspector 01247.0006/656770.2 7/9/2020 A-5 MM. Christopher Kelley, PE, QSD/P, Municipal Stormwater Permit Compliance Services 01247.0006/ 656677.2 7/9/2020 A-6 C.7.d Packet Pg. 165 At t a c h m e n t : A t t a c h m e n t 4 - I n t e r w e s t A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g EXHIBIT "B" SPECIAL REQUIREMENTS Superseding Contract Boilerplate) 01247.0006/656770.2 7/9/2020 B-1 PLS, Land Surveyor/Map Check H. Nicole Jules, PE, Traffic Engineer/Transportation Planning I.Andrew Yi, PE, TE, PTOE, Traffic Engineer/Transportation Planning J.Rush Smith, TE, PTP, Traffic Engineer/Transportation Planning K. Roger Peterson, SE, Structural Engineer/Plan Review L. Oliver Roan, SE, Structural Engineer/Plan Review M. Charles Collet, Construction Manager/Inspector N. John Chesworth, Construction Manager/Inspector O. Jesse Isaac, Construction Manager/Inspector 01247.0006/656770. 2 7/9/2020 A-5 MM. Christopher Kelley, PE, QSD/P, Municipal Stormwater Permit Compliance Services 01247.0006/656677. 2 7/ 9/2020 A-6 C.7.d Packet Pg. 166 At t a c h m e n t : A t t a c h m e n t 4 - I n t e r w e s t A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g EXHIBIT "C" SCHEDULE OF COMPENSATION This Schedule of Compensation governs Consultant's compensation in the event the Consultant performs services pursuant to a Notice to Proceed on a Task Order. This Agreement does not guarantee that Consultant will be selected to perform services on Task Orders. II. Consultant responding to the City's request for proposals on a project-specific Task Order shall establish a Task Budget for the Task Order,identifying the subtasks based on the time and rates of the personnel performing the subtasks, and itemizing all materials and equipment utilized and the costs thereof. Ifpayment is to be made other than at completion of the services, then the phases of the performance and percentage of payment due shall also be shown in the Task Proposal. Consultant's proposals on Task Orders shall be based on hourly rates identical to the rates attached as Exhibit C-1. III. The City shall retain ten percent (10%) from each payment as a contract retention to be paid as part of final payment upon satisfactory completion of services on a Task Order. IV. City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor,supplies, equipment,materials, and travel properly charged to the Services. V. The total compensation for the Services shall not exceed $50,000 for the term of this Agreement, as provided in Section 2.1 of this Agreement. VI. Consultant's billing rates for Services are attached as Exhibit C-1.To the extent any portion of Consultant's work is subject to prevailing wage requirements, then Consultant's proposal on a Task Order shall include a Task Budget with hourly rates adjusted for prevailing wage. 01247.0006/656770.2 7/9/2020 C-1 rans).I. Prepare and compose Requests for Proposals(RFP).Review and evaluate proposals and provide recommendations to City Engineer,Director of Public Works,and City Council.01247.0006/656770.2 7/9/2020 A-2 such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.SIGNATURES ON FOLLOWING PAGE]01247.0006/656770.2 7/9/2020 18-7.9 Attorney's Fees.If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable,shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01247.0006/656770. 2 7/9/2020 15-reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant 01247. 0006/ 656770.2 7/9/ 2020 12- C.7.d Packet Pg. 167 At t a c h m e n t : A t t a c h m e n t 4 - I n t e r w e s t A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g EXHIBIT "C-1" CONSULTANT'S RATES Classification Hourly Billing Rate Engineering Principal In Charge 160 Project Manager 160 Traffic Engineer 160 Director of Public Works 150 Lead Engineer 150 Supervising Engineer 150 Senior Engineer 140 Engineering Associate III 125 Engineering Associate II 115 Engineering Associate I 105 Senior Engineering Technician 105 Engineering Technician III 95 Engineering Technician II 85 Engineering Technician I 75 Student Trainee 30 Grading Plans Examiner 140 Construction Management Construction Manager 145 Assistant Construction Manager 130 Supervising Public Works Observer 135 Senior Public Works Observer 125 Public Works Observer III 120 Public Works Observer II 115 Public Works Observer I 105 Overtime 140% of the above listed rates 01247.0006/656770.2 7/9/2020 C-2 payment upon satisfactory completion of services on a Task Order.IV. City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.B. Line items for all materials and equipment properly charged to the Services.C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.D. Line items for all approved subcontractor labor,supplies, equipment,materials, and travel properly charged to the Services.V. The total compensation for the Services shall not exceed $50, 000 for the term of this Agreement, as provided in Section 2.1 of this Agreement.VI. Consultant'sbillingratesforServices are attached as Exhibit C-1.To the extent C.7.d Packet Pg. 168 At t a c h m e n t : A t t a c h m e n t 4 - I n t e r w e s t A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g EXHIBIT "D" SCHEDULE OF PERFORMANCE I.From the term of this Agreement, Consultant shall provide Services on an on-call basis as set forth in Exhibit A. II. If the City selects the Consultant's proposal to perform a project-specific Task Order, the Task Order's Scope of Work/Services or the Notice to Proceed, or both, shall provide the detailed schedule of performance. III. The Contract Officer may approve extensions for performance of the Services in accordance with Section 3.2. 01247.0006/656770.2 7/9/2020 D-1 John Chesworth, Construction Manager/Inspector O. Jesse Isaac, Construction Manager/Inspector 01247. 0006/656770.2 7/9/2020 A- 5 MM. Christopher Kelley, PE, QSD/P, Municipal Stormwater Permit Compliance Services 01247.0006/656677.2 7/9/2020 A-6 C.7.d Packet Pg. 169 At t a c h m e n t : A t t a c h m e n t 4 - I n t e r w e s t A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d O n - C a l l E n g i n e e r i n g AMENDMENT NO. I TO AN AGREEMENT FOR CONTRACT:SERVICES BY AND BETWEEN THE .CITY OF GRAND TERRACE AND INTERWEST : CONSULTING-GROUP,INC.FOR ON-CALL ENGINEERING SERVICES This AMENDMENT NO.1 TO AN AGREEMENT`FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE. AND. INTERWEST CONSULTING GROUP;. INC. FOR .ON-CALL . :ENGINEERING SERVICES Amendment No.. 1") by and between the CITY OF .GRAND TERRACE C'City") and INTERWEST CONSULTING GROUP, INC. ("Consultant") is effective as of the 10"' day of August 2021. RECITALS A. The City entered. into,that- certain Agreement for Contract Services By And Between the City Of Grand Terrace And Interwest Consulting Group for On-Call Engineering Services, dated July 14,2020 C'Agreement"). B. Total compensation:to the ConsultaiT f_or: on-call engineering services rendered pursuant to the Agreement;is.$50,000. C. The term of the Agreement is two years from.the date thereof with the City being able to extend the Agreement by one year. D. Pursuant to'the Agreement, the Consultant provided on-call engineering services to the City to develop construction,plans and specifications for the recently;completed citywide road-rehabilitation project, concrete repairs,:as -well as traffic.engineering assistance ;and traffic impact analysis and Water Quality Management Plan review for proposed developments. E. As a consequence of the above-mentioned on-call engineering services, the Agreement only has$3;217 remaining. F. It:is"anticipated that Consultant's on-call engineering services will continue to be needed for projects within the City, which may- include; but is not limited to, the.following: preparation for the next phase of the pavement management program for the 2021-2022 fiscal year, HSIP Cycle $,project closeout(Mt.Vernon corridor intersection improvement project) and HSIP Cycle 9 Guardrail installation: G. In order to ensure that adequate funds are available, the total compensation to Consultant under the Agreement must be increased by$50,000. H. The parties now therefore desire to increase. Consultant's total compensation under the Agreement by$50,000 for a total of$100,0.0.0. TERMS 1. Amendments to Agreement.The Agreement is amende&as provided as follows: 01247.00061730693.1 C.7.e Packet Pg. 170 At t a c h m e n t : A t t a c h m e n t 5 - 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 ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d 1.1 Section 2.1 (Contract Sum) of the Agreement is hereby_ :modified as follows(strilc x gh represents deleted language while bold italics:represents added language): Subject to.limitations set-forth in this Agreement,.City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. The total ' compensation, including reimbursement for actual ,expenses, shall not exceed One Hundred'Thousand Dollars 100,600) (the "Contract Sum"), unless additional compensation is approved:pursuant to Section 1.8." 1.2 Section V of Exhibit "C" is hereby modified as: follows (stril etle represents deleted language whilebold italics represents added language): The.total compensation for the Services,shall not exceed.$50,900 100,000 for the term of this Agreement; as provided in,Section 2.1 of this.Agreement." 2. -Continuing Effect'of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement, as amended by Amendment No._1,shall remain unchanged sandinfullforceandeffect: From and after the date of this Amendment, whenever• the team Agreement" :appears in the Agreement, it shall mean the Agreement, as amended .by Amendment No. 1. 3. Affirmation of Agreement; Warranty Re. Absence of Defaults. .City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations ari"sing under the Agreement:.Each party represennts 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 Aniendmeiit.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 01247.0006/730693.1: C.7.e Packet Pg. 171 At t a c h m e n t : A t t a c h m e n t 5 - 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 ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d execute. and deliver this Amendment No. 1 on, behalf of said parry, (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] 01247.0006/730693.1 C.7.e Packet Pg. 172 At t a c h m e n t : A t t a c h m e n t 5 - 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 ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d 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 corpo ati.o.n yoi,4?F_/vt iL4 14u.55j Y TTEST: ebra Thomas, City Clerk APPROVED AS TO FORM: ALESHIRE& Adrian R: Guerra, City Attorney CONSULTANT: - - Interwest Consulting Group,Inc. By: - Name:Thomas Brackett Title: EO By: Na e: Avner Alkhas Title:CFO Address: 1500 S. Haven.Avenue, Suite 220 Ontario, CA 92761 Tel: 909-295-3142 NOTE: CONSULTANT'S SIGNATURES SHALL BE DULY' ,NOTARIZED, AND- APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS;. ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE:TO DEVELOPER'S BUSINESS ENTITY. 01247.000030693.1 C.7.e Packet Pg. 173 At t a c h m e n t : A t t a c h m e n t 5 - 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 ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d i l, I i f'4 i l ii C.7.e Packet Pg. 174 At t a c h m e n t : A t t a c h m e n t 5 - 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 ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies,only the identity ofthe individual Who signed. the document to:which this certificate is attached;and not the truthfulness,accuracy or validity of that document; STATE OF C- A e-O COUNTY OF O A On 2021 before me, A eVJ e,11;-personally appeared,f)vr,.c_. .. proved Iro me on the basis of satisfactory evidence'to be the person(s) whose names(s)' s%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/theii signature(s) on:the instrument theperson(s), or the entity upon behalf o0which the person(s) acted,executed the instrument. I certify under PENALTY OF, PERJURY under the laws of.the State of a that the foregoing paragraph is true and correct. MICHELLE ANDAIKEN ,WITNESS ' hand and official seal. NOTARY PUBLIC STANOTARYID202Signature: ,f .) MY COMMISSION EXPI 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 TITLES) TITLE OR TYPE OF DOCUMENT PARTNER(_S)F LIMITED GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES- TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: _ _ NAME OF PERSON(S) OR ENTITY(IES)) SIGNERS) OTHER THAN NAMED ABOVE 01247.0006/730693.1 C.7.e Packet Pg. 175 At t a c h m e n t : A t t a c h m e n t 5 - 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 ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completingthis 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 ofthat document. STATE OF C4449MQA Ge COUNTY OF S O 2021 before me, Mi rl-jale 2±L,qqnrsonallY ppraeaed')o provedtd me `on the basis of satisfactory evidence to be the persons) ;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 signatures) 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 a that the foregoing paragraph is true and correct. WITNESS my hand and official seal. FHELLE ANNE AIKEN . LIC-STATE OF COLORADO RY ID 20214002066 ION EXPIRES JAN 15, 2025 Signature: OPTIONAL Though the data below is,not required by raw, it may prove valuable to persons:relyirig on the document and.could prevent fraudulent reattachment.of this form. CAPACITY CLAIMED BY SIGNER. DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE.OF DOCUMENT PARTNER(S). LIMITED M.GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES " TRUSTEE(S) GUARDIAN/CON_ SERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES)} SIGNER(S) OTHER THAN NAMED ABOVE 01247.0006/730693.t C.7.e Packet Pg. 176 At t a c h m e n t : A t t a c h m e n t 5 - 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 ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t a n d A m e n d 01247.0006/763794.1 AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF GRAND TERRACE AND INTERWEST CONSULTING GROUP, INC. FOR ON-CALL ENGINEERING SERVICES This AMENDMENT NO. 2 TO THE AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND INTERWEST CONSULTING GROUP, INC. FOR ON-CALL ENGINEERING SERVICES (“Amendment No. 2”) 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 February, 2022. RECITALS A. The City and Consultant entered into that certain Agreement for Contract Services By and Between the City of Grand Terrace and Interwest Consulting Group, Inc. for On-Call Engineering Services, dated July 14, 2020 with a 2 year term which may be extended by 1 year (“Original Agreement”). B. The City and Consultant amended the Original Agreement by an Amendment No. 1, dated August 10, 2021, in order to increase the total compensation of the Agreement by $50,000 for a total compensation of $100,000 (“Amendment No. 1”). C. The Original Agreement, as amended by Amendment No. 1, shall hereafter be referred to as the “Agreement” for the purposes of this Amendment No. 2. D. By this Amendment No. 2, the City and Consultant desire to extend the term of the Agreement from July 14, 2022, to July 14, 2023. TERMS 1. Contract Amendments. The Agreement is amended as provided herein: 1.1 Pursuant to Section 3.4 (Term), the term of the Agreement is hereby extended such that it shall expire on July 14, 2023. 2. Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all provisions of the Agreement 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. 2. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. C.7.f Packet Pg. 177 At t a c h m e n t : A t t a c h m e n t 6 - P r o p o s e d A m e n d m e n t N o . 2 t o I n t e r w e s t A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t 01247.0006/763794.1 Consultant represents and warrants to City that, as of the date of this Amendment No. 2, 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. 2, 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. 2. 5. Authority. The persons executing this Amendment No. 2 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. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of the Agreement, as amended and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] C.7.f Packet Pg. 178 At t a c h m e n t : A t t a c h m e n t 6 - P r o p o s e d A m e n d m e n t N o . 2 t o I n t e r w e s t A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t 01247.0006/763794.1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 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. C.7.f Packet Pg. 179 At t a c h m e n t : A t t a c h m e n t 6 - P r o p o s e d A m e n d m e n t N o . 2 t o I n t e r w e s t A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t 01247.0006/763794.1 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. C.7.f Packet Pg. 180 At t a c h m e n t : A t t a c h m e n t 6 - P r o p o s e d A m e n d m e n t N o . 2 t o I n t e r w e s t A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t 01247.0006/763794.1 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. C.7.f Packet Pg. 181 At t a c h m e n t : A t t a c h m e n t 6 - P r o p o s e d A m e n d m e n t N o . 2 t o I n t e r w e s t A g r e e m e n t ( O n - C a l l E n g i n e e r i n g S e r v i c e s ) ( T e r m i n a t e T K E A g r e e m e n t AGENDA REPORT MEETING DATE: February 8, 2022 Council Item TITLE: Stormwater and Wastewater Permit Fee Payment PRESENTED BY: Shanita Tillman, RECOMMENDATION: 1. Approve payment of the stormwater and wastewater permit fee from the State Water Resources Control Board (SWRCB) in the amount of $10,602.00; and 2. Authorize the City Manager to make payment of all future stormwater and wastewater permit fee invoices from the SWRCB to be paid on an annual basis. BACKGROUND: The Water Boards regulate wastewater discharges to surface water (rivers, ocean, etc.) and to groundwater (via land). The Water Boards also regulate storm water discharges from construction, industrial, and municipal activities; discharges from irrigated agriculture; dredge and fill activities; the alteration of any federal water body under the 401-certification program; and several other activities with practices that could degrade water quality. An annual Water Quality Certification (WQC) invoice is sent to any person/entity who is enrolled in or permitted by a WQC and has an active discharge or post discharge monitoring requirements. The fee is assessed for the privilege of discharging waste that may affect the state’s surface or ground water. California Water Code sections 13260 and 13269 allow the State Water Board to collect a fee to recover costs associated with the issuance, administration, reviewing, monitoring and enforcement of WQC. DISCUSSION: The City received an annual invoice in the amount of $10,602 for stormwater and wastewater permit fee. The fee is a requirement of the permit and is not based on the frequency or duration of the discharge. Since our WQC allows the City to discharge waste as specified, we must pay an annual fee if our WQC remains in effect. The City is required to report any material changes in your discharge to the Regional Board. Per GTMC 3.24.080 the City may enact single sole purchases. Single source purchase of goods or services that can be obtained from only one source may be made by a City C.8 Packet Pg. 182 department or the Purchasing Officer without advertising and after approval by the City Council. Since it is a requirement for the City to obtain the stormwater and wastewater permit through the SWRCB it is considered a single source “purchase”. Staff now requests that the City Council authorize payment of the stormwater and wastewater permit fee from the State Water Resources Control Board (SWRCB) in the amount of $10,602.00. And, because this will be an annual requirement, staff also requests that the City Council authorize the City Manager to make payment of all future stormwater and wastewater permit fee invoices from the SWRCB to be paid on an annual basis. FISCAL IMPACT: The cost of the outstanding invoice will come from account 10-625-220-000 and 10-625- 255-000 of the NPDES account in the General Fund. APPROVALS: Shanita Tillman Completed 01/20/2022 4:10 PM City Attorney Completed 02/02/2022 2:17 PM Finance Completed 02/02/2022 3:01 PM City Manager Completed 02/03/2022 8:06 AM City Council Pending 02/08/2022 6:00 PM C.8 Packet Pg. 183 AGENDA REPORT MEETING DATE: February 8, 2022 Council Item TITLE: Authority to Apply for a Grant Under CalRecycle's SB 1383 Local Assistance Grant Program PRESENTED BY: Shanita Tillman, RECOMMENDATION: Approve a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AUTHORIZING SUBMITTAL OF A GRANT APPLICATION FOR CALRECYCLE’S SB 1383 LOCAL ASSISTANCE GRANT PROGRAM FOR WHICH THE CITY OF GRAND TERRACE IS ELIGIBLE. 2030 VISION STATEMENT: This staff report supports Goal #1, "Ensuring Fiscal Viability" by identifying additional revenue sources. BACKGROUND: SB 1383 is a statewide effort to reduce emissions of short-lived climate pollutants (SLCP). Specifically, the law sets the following targets: Reduce statewide disposal of organic waste by 50% by January 1, 2020, and by 75% by January 1, 2025 (based on 2014 levels). Rescue at least 20% of currently disposed of edible food for human consumption by 2025. CalRecycle is the state agency responsible for creating the regulatory standards for SB 1383. Pursuant to Public Resources Code section 48000, the California Department of Resources, Recycling and Recovery (CalRecycle) administers various grant programs in furtherance of California's efforts to reduce, recycle, and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment. The fundamental purpose of CalRecycle's SB 1383 Local Assistance Grant Program meant to provide aid in the implementation of regulations adopted by CalRecycle pursuant to Chapter 395, Statutes of 2016 and SB 170 Budget Act of 2021. DISCUSSION: Local entities in California which are eligible include cities, counties, Regional or Joint Powers Authorities, and special districts that provide solid waste collection services. C.9 Packet Pg. 184 Funding can be used towards the following: • Personnel • Safety equipment • Vehicles/trucks • Education and outreach materials • Record keeping software • Inspection and enforcement • Training • Electronic devices • Bins • Procurement of recovered/recycled organic products • Equipment (refrigeration, coolers, and packing materials) Base award amounts will be set at $20,000 for eligible entities. The remaining funds will then be distributed to eligible entities based on per capita calculations using the Department of Finance’s January 2021 population statistics. It is estimated that in the first year, 5,000 tons will be diverted and therefore, the CalRecycle Grant should be reimbursing the City $50,000. The City will be requesting $25,000 to cover the cost of personnel, educational materials, training, and bins to aid our residents in compliance with the new organic waste program. CalRecycle grant application procedures require, among other things, an applicant’s governing body to adopt a resolution (Attachment I) authorizing the City Manager or his designee to apply for CalRecycle grants. STAFF RECOMMENDATION Staff recommends that Council adopt the attached resolution authorizing the City Manager to apply for the SB 1383 Local Assistance Grant on behalf of the City of Grand Terrace. This resolution further authorizes the City Clerk to make such changes to the resolution as may be required by CalRecycle pursuant to its SB 1383 Local Assistance Grant Program. ATTACHMENTS: • Attachment I. Resolution for CalRecycle SB 1383 Local Assistance Grant (DOCX) APPROVALS: Shanita Tillman Completed 01/21/2022 9:26 AM City Attorney Completed 02/03/2022 12:25 PM Finance Completed 02/03/2022 1:45 PM C.9 Packet Pg. 185 City Manager Completed 02/03/2022 2:18 PM City Council Pending 02/08/2022 6:00 PM C.9 Packet Pg. 186 RESOLUTION NO. 2022-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AUTHORIZING SUBMITTAL OF A GRANT APPLICATION FOR CALRECYCLE’S SB 1383 LOCAL ASSISTANCE GRANT PROGRAM FOR WHICH THE CITY OF GRAND TERRACE IS ELIGIBLE WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (“CalRecycle”) to administer various grant programs (grants) in furtherance of the State of California’s (“state”) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, CalRecycle's SB 1383 Local Assistance Grant Program is meant to provide aid in the implementation of regulations adopted by CalRecycle pursuant to Chapter 395, Statutes of 2016 and SB170 Budget Act of 2021; and WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace, as follows: Section 1. The City of Grand Terrace is authorized to submit an application to CalRecycle for a grant under CalRecycle’s SB 1383 Local Assistance Grant Program for which the City of Grand Terrace is eligible. Section 2. The City Manager or his designee is hereby authorized and empowered to execute in the name of the City of Grand Terrace all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement the approved grant project. Section 3. These authorizations are effective for five (5) years from the date of adoption of this resolution. Section 4. Th City Clerk is hereby authorized to make such changes to this Resolution as may be required by CalRecycle pursuant to CalRecycle’s SB 1383 Local Assistance Grant Program requirements. Sectoin 5. This resolution shall immediately take effect upon passage. C.9.a Packet Pg. 187 At t a c h m e n t : A t t a c h m e n t I . R e s o l u t i o n f o r C a l R e c y c l e S B 1 3 8 3 L o c a l A s s i s t a n c e G r a n t [ R e v i s i o n 3 ] ( C a l R e c y c l e G r a n t A p p l i c a t i o n PASSED, APPROVED and ORDERED by the City Council of the City of Grand Terrace, California at a regular meeting held on 8th day of February 2022. Darcy McNaboe Mayor ATTEST: ________________________________ Debra Thomas City Clerk APPROVED AS TO FORM: Adrian R. Guerra City Attorney C.9.a Packet Pg. 188 At t a c h m e n t : A t t a c h m e n t I . R e s o l u t i o n f o r C a l R e c y c l e S B 1 3 8 3 L o c a l A s s i s t a n c e G r a n t [ R e v i s i o n 3 ] ( C a l R e c y c l e G r a n t A p p l i c a t i o n AGENDA REPORT MEETING DATE: February 8, 2022 Council Item TITLE: Prioritization of Funding Recommendations for Community Development Block Grant (CDBG) Funds for Program Year 2022-23 PRESENTED BY: Shanita Tillman, RECOMMENDATION: 1) Conduct a public hearing for the prioritization of eligible applications for 2022-23 Community Development Block Grant (CDBG) funding; and, 2) Prioritize funding allocations and authorize staff to submit the City's CDBG funding recommendation to the County of San Bernardino Economic Development Agency. 2030 VISION STATEMENT: This staff report supports, in part, our Vision of a place where residents can enjoy quality of life that fosters pride and an engaged community, in that the Community Development Block Grant (CDBG) Program funds community programs that benefit Grand Terrace residents. BACKGROUND: The City participates in the Federally funded CDBG Program as a cooperative city administered program by the San Bernardino County Economic Development Agency (County). Eligible activities for CDBG must meet one of the following national objectives as follows: 1) benefiting low-and moderate-income persons, 2) eliminating blight, and 3) meeting an urgent need. Eligible Activities Include Acquisition of real property for an eligible use, construction and rehabilitation of public facilities, demolition and clearance of deteriorated buildings, community services for low- and moderate- income persons or households, and removal of barriers that restrict the mobility of elderly and severely disabled adults. Each program year, the County publishes a Notice of Funding Availability (NOFA) for the next CDBG program year. Applications were due on December 14, 2021. The County collects and reviews applications and forwards eligible applications to the City for recommendations on funding prioritization. The City Council is required to make its funding recommendations at a noticed public hearing. The recommendations are then scheduled before the Board of Supervisors for its approval. Attached are copies of the Application Summary and CDBG applications for the upcoming program year. E.10 Packet Pg. 189 The City’s allocation for 2022-23 is expected to be $60,140. The allocations are based on population estimates, poverty, and overcrowded housing. The City Council may recommend funding for up to four projects with the allocation amount but only three applied. Any unprogrammed funds can only be used towards capital improvement (construction) projects. DISCUSSION: The City Council’s 2022-23 funding recommendations are shown in Table 1. These projects were funded by the Board of Supervisors and implementation of these projects is ongoing. 2022-23 Program Year Three CDBG-eligible applications were received, all are for public service, for the 2022- 23 program year. All applicants were provided notice of this hearing via email on January 21, 2022. A summary of the eligible proposals and copies of the three applications with detailed grant proposals are attached. Table 1: 2022-23 Eligible Applications Priority Applicant Project FY 2022-23 Funding Request Funding Recommendations 1 Family Services Association Con’t. - Senior Center Coordinator position $50,000 $40,140 2 SB County Library Grand Terrace Branch Con’t. - Literacy Education $10,000 $10,000 3 Family Services Association Con’t - Provision of meals at senior centers and home delivery for seniors $10,000 $10,000 Total Request $70,000 Estimated Allocation $60,140 Difference ($9,860) Recommendation Staff recommends funding the three projects which serve underserved target populations in our community. The City’s estimated allocation of $60,140 will not be sufficient to fully fund all proposals. Staff recommends that the Council prioritize the funding recommendations to fully fund the County’s’ Literacy Program and FSA’s senior E.10 Packet Pg. 190 nutrition program. Partial funding is recommended for the FSA senior center coordinator program which is currently operating at limited capacity due to COVID concerns. FISCAL IMPACT: In addition to staff time incurred for project administration, there is a temporary fiscal impact to the City’s General Fund because the City would need to advance grant funds for all but the County Literacy Program, with said advanced monies being later reimbursed by the County. The County administers the Literacy Program Countywide, and no costs are incurred by the City for that program. Budget appropriation for these grant allocations will be requested during the Fiscal Year 2022-23 budget process. ATTACHMENTS: • 2022-23 Summary of All Eligible-Grand Terrace Projects (PDF) • GRAN22PS-003 (SB County Library) (PDF) • GRAN22PS-024 (FSA Senior Nutrition) (PDF) • GRAN22PS-027 (FSA Senior Center Coordinator) (PDF) • Public Hearing Notice_2.8.22 (PDF) APPROVALS: Shanita Tillman Completed 01/20/2022 1:05 PM City Attorney Completed 02/01/2022 12:01 PM Finance Completed 02/01/2022 1:12 PM City Manager Completed 02/03/2022 11:55 AM City Council Pending 02/08/2022 6:00 PM E.10 Packet Pg. 191 San Bernardino County Department of Community Development and Housing 2022-23 CDBG Project Proposals Location Applicant Application Number Project Title Request Amount Comments Eligible: Yes / No Grand Terrace Patricia Turley, Interim County Librarian 777 East Rialto Avenue San Bernardino, CA 92415-0770 Patty.Turley@lib.sbcounty.gov 909-387-2220 GRAN22PS-003 Grand Terrace: Adult Literacy Program 10,000.00$ Expanding Eligible Public Service. Services are limited to low- and moderate-income clients and requires documentation of at least 51% of the clients are low- to moderate-income. Client eligibility (for all clients including illiterate adults) must be evidenced by documentation and data concerning beneficiary family size and income. This activity was funded in previous fiscal years and is a continuing activity. Therefore a quantifiable increase in the level of service is required. CDBG funds will be used to pay for personnel services. Services are provided by San Bernardino County Library Department staff and volunteers. Service Location: 22795 Barton Road, Grand Terrace, CA 92313. Yes Grand Terrace Cheryl-Marie Hansberger, Chief Executive Officer Family Service Association 21250 Box Springs Rd., Ste 212 Moreno Valley, CA 92557 Cheryl.Hansberger@fsaca.org 951-686-1096 GRAN22PS-024 Grand Terrace: Senior Meals Program - Family Service Association 10,000.00$ Expanding Public Service - Family Service Association, under contract with the City of Grand Terrace, will provide a senior congregate and mobile meals program to seniors in the City of Grand Terrace and surrounding communities. Curbside pick-up of meals is also offered. FSA expects to serve 149 unduplicated senior citizens throughout the program year. Seniors are a presumed 51% low-to moderate-income population. However, documentation is still required. Public Services are limited to low-and moderate-income persons and require monthly documentation that at least 51% of the persons served qualify as low-and moderate-income. This activity was funded in previous years (less than 12 months) and is a continuing activity. Therefore, a quantifiable increase in the level of service or a new additional service is required in order to continue to be eligible for CDBG funding. Yes Grand Terrace Cheryl-Marie Hansberger, Chief Executive Officer Family Service Association 21250 Box Springs Rd., Ste 212 Moreno Valley, CA 92557 Cheryl.Hansberger@fsaca.org 951-686-1096 GRAN22PS-027 Grand Terrace: Senior Center Coordinator - Family Services Association 50,000.00$ Senior Center operational costs are not eligible for CDBG funding. Expanding Eligible Public Service - Family Services Association, under contract with the City of Grand Terrace, will provide staff to make available: classes, activities, counseling, transportation and associated coordination, including administrative tasks at the Grand Terrace Senior Center to approximately 185 unduplicated senior citizens in Grand Terrace and the surrounding area. Seniors are a presumed 51% low-to moderate-income population. However, documentation is still required. Public Services are limited to low-and moderate-income persons and require monthly documentation that at least 51% of the persons served qualify as low-and moderate- income. This activity was funded in previous years (less than 12 months) and is a continuing activity. Therefore, a quantifiable increase in the level of service or a new additional service is required in order to continue to be eligible for CDBG funding. Yes E.10.a Packet Pg. 192 At t a c h m e n t : 2 0 2 2 - 2 3 S u m m a r y o f A l l E l i g i b l e - G r a n d T e r r a c e P r o j e c t s ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t Public Services Program Application Fiscal Year – San Bernardino County Fiscal Year -Public Services Program Application The following documents must be submitted in the order listed, please be sure to submit all attachments with your application. Exhibit 1: Organization Information Exhibit 2: Project Information Exhibit 3: Community Needs and Target Population Exhibit 4: Project Budget & Sources Exhibit 5: Performance & Outcomes Exhibit 6: Agency Capacity Narrative Exhibit 7: Civil Rights Laws Compliance and HUD Good Standing Exhibit 8: Signature and Assurances Application Checklist _______________ Log Number (Office Use Only) 1 2022 2023 2022 GRAN22PS-003 2023 E.10.b Packet Pg. 193 At t a c h m e n t : G R A N 2 2 P S - 0 0 3 ( S B C o u n t y L i b r a r y ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – Exhibit 1: Organization Information Organization Name: Organization Address: City/State/Zip: Phone: Fax: Email: Applicant Type: Authorized Person Name: Authorized Person’s Title: Address: City/State/Zip: Phone: Fax: Email: Application Contact Person’s Name: Application Contact Person’s Title: Explain the Agency’s 1) Mission, 2) Purpose, 3) Population Served, 4) Number of years serving population, 5) Supportive Services, their Funding Sources, and Start/End Dates. 2 Patty.Turley@lib.sbcounty.gov 2022 2023 The San Bernardino County Library System is a network of branch libraries that serve a diverse population or a vast geographic area. We strive to provide equal access to information, technology, programs, and services for all the people who call San Bernardino County home. Our Adult Literacy Program has been in place over 30 years, allowing us to help those struggling with illiteracy in our communities. We are supported with funds from the State and the County through this current Fiscal Year from July 2021-June 2022. San Bernardino County Library Interim County Librarian 909-387-2288 9093872220 CDBG Funding Liz Smith Library Events Coordinator 777 East Rialto Avenue San Bernardino / CA / 92415 Patty.Turley@lib.sbcounty.gov San Bernardino / CA / 92415 Patricia Turley 777 East Rialto Avenue 909-387-2220 E.10.b Packet Pg. 194 At t a c h m e n t : G R A N 2 2 P S - 0 0 3 ( S B C o u n t y L i b r a r y ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – Exhibit 2: Project Information Project Title: Project Address: County Supervisorial District where project will be located: 1st District 2nd District 3rd District 4th District 5th District If you are requesting funds for an existing CDBG project, provide prior CDBG project number. Will this project provide an opportunity to hire minority-owned and women owned businesses? If YES, describe what actions will be completed to implement such subcontracting plans to monitor this component of the proposed project. If NO, discuss why and what actions are being taken to encourage minority-women businesses to apply for this project. 3 If this is an Expansion of Service to previously funded CDBG project, please explain how this is an expansion of service?. (i.e For 2015 we proposed 60 units of service, this year the agency is planning to serve 100 units of service) Is this a New Public Service Project, or request to expand services to an existing CDBG project? 2022 2023 22795 Barton Road, Grad Terrace, CA 92313 GTER-16-0Z/1532 Expansions of Service to an Existing Project X No We are expanding our goal of how many individuals will be serviced through our Adult Literacy Program. In the previous Fiscal Year of 20-21, we set the goal to serve 28 adult learners. In this current Fiscal Year, we have raised that goal to 29. Moving forward we hope to continually increase the number of learners that the Grand Terrace Branch is able to provide services to. San Bernardino County Grand Terrace Branch Library E.10.b Packet Pg. 195 At t a c h m e n t : G R A N 2 2 P S - 0 0 3 ( S B C o u n t y L i b r a r y ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – EXHIBIT 2A: Countywide Vision Indicate Yes/No in the table below if any of these countywide vision goals are pertinent to the proposed project. Countywide Vision Countywide Vision Yes/ No Implement the Countywide Vision. Create, Maintain and Grow Jobs and Economic Value in the County. Improve County Government Operations. Operate in a Fiscally-Responsible and Business-Like Manner. Ensure Development of a Well-Planned, Balanced, and Sustainable County. Maintain Public Safety. Provide for the Health and Social Services Needs of County Residents. Pursue County Goals and Objectives by Working with Other Governmental Agencies. Provide a brief narrative of how your project meets the Countywide Vision: 4 2022 2023 Yes By tutoring illiterate adults and providing them the tools to learn to read and write, we help them build self-confidence to accomplish many goals such as applying for jobs, being able to vote and much more. This results in them becoming more socially prepared to participate in all the County has to offer. Additionally the Adult Literacy program supports the county's Cradle to Career road map to achieve the Countywide vision. When we teach illiterate adults to read, we are not only helping them but are also helping their children, as parents who read are able to give the literacy support a child needs to succeed. No No No Yes Yes No No E.10.b Packet Pg. 196 At t a c h m e n t : G R A N 2 2 P S - 0 0 3 ( S B C o u n t y L i b r a r y ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – Exhibit 3: Community Needs and Target Population Community Needs Target Population Public Service Needs: Yes/No Proposed Community: Yes/No Senior Services Low and Moderate Persons Handicapped Services Low and Moderate Households Youth Services Abused Children Child Care Services Handicapped Persons Transportation Services Illiterate Persons Substance Abuse Services Homeless Persons Employment Training Migrant Farm Workers Health Services Elderly People Lead Hazard Screening Crime Awareness 5 City/Target Area of Project Beneficiaries Participating Cities: (i.e Redlands, Colton, Yucaipa) No 2022 2023 Yes Grand Terrace Yes No No Yes No No No No No No No No No No No E.10.b Packet Pg. 197 At t a c h m e n t : G R A N 2 2 P S - 0 0 3 ( S B C o u n t y L i b r a r y ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – Exhibit 3: Community Needs and Target Population (continued) Describe the geographic boundaries of the neighborhood, community or area in which clients of the proposed program reside (attach a map if needed): HUD Demographics: (Yes/No) Does this project help prevent homelessness? Does this project help the homeless? Does this project help those with HIV or AIDS? Does this project primarily help persons with disabilities? Summarize the description of your project to include 1) priority, 2) sub-activity, 3)population(s) to be served, and 4) accomplishment level, and 5) services to be provided. 6 2022 2023 No No Yes No The San Bernardino County Library (SBCL), Grand Terrace Branch Adult Literacy Services Program will provide programming and instruction for low to moderate income illiterate adults and senior residents of Grand Terrace. Individualized tutoring and one-on-one Literacy instruction (reading, spelling, and basic computer skills) will be provided to a minimum of 30 qualifying adult participants during Fiscal Year 22-23. Library Adult Literacy Services are provided free of charge to all learners participating in the program. Direct services and assistance are provided by Library staff as well as a team of trained Literacy Tutors. Dedicated tutoring space and special Adult Literacy Program materials (leveled student readers, workbooks, dictionaries, GED Test Prep packets) are provided to participating learners at no charge. Learners are strongly encouraged to attend free Basic Computer Skills Classes taught in the library. Those with young children are encouraged to attend Early Learning and Preschool Storytime Activities to foster a love of reading and ensure school-age readiness. The Grand Terrace Branch is dedicated in improving the literacy rates in the Grand Terrace Community. Grand Terrace E.10.b Packet Pg. 198 At t a c h m e n t : G R A N 2 2 P S - 0 0 3 ( S B C o u n t y L i b r a r y ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – Describe how this project meets the priority population and activities selected. Explain why this project is needed and what evidence can you substantiate the need. Describe what gaps of service in the county this project fills. What are the critical factors for the success of your project (include both financial and human resources)? For instance, is this the only funding for this project? What happens if funding decreases? Does this project rely on only one source of leveraging? Is there adequate staff involved with the project if there is project turnover? Please address any factor that is critical to project success. 7 2022 2023 In the most recent U.S. National Assessment of Adult Literacy, one in seven adults have difficulty reading anything more challenging than a child's picture book. It is estimated that 3.4 million Californians fall at the "Below Basic" Literacy Level. In the County of San Bernardino alone, it is estimated that at least 500,000 adults cannot read at all. This service provides assistance to adults who all into this category. The program is funded primarily through the Library Budget. Additional State and County funding helps the Library to expand the program and reach a larger audience than would be possible through internal funding alone. The Literacy Program is a multi-branch program, with branch staff interacting with learners and tutors while reporting is overseen by administrative staff. We have taken steps to ensure that any staff turnover will not impede the Literacy Program and that services would continue to be offered through the cross training of staff. The Adult Literacy Services Program assesses illiterate and presumed low income adults and senior residents of Grand Terrace, and provides those that qualify with programming, tutoring, and instruction to aid them in meeting their literacy goals This program focuses on adult individuals who are illiterate or who have low literacy skills. The County Library Adult Literacy Program provides a no cost alternative for adults to gain these skills. E.10.b Packet Pg. 199 At t a c h m e n t : G R A N 2 2 P S - 0 0 3 ( S B C o u n t y L i b r a r y ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – Exhibit 4: Project Budget & Sources Project Budget SB County Share: ($) Other Source: ($) Personnel Equipment (Rental, Lease or Purchase) Consultant Services (Auditing, Accounting or Payroll) Space Rent Insurance Consumable Supplies Other Total Costs Total Project Budget Cost: (CDBG Share + Other Source) 8 2022 2023 $10,000.00 $27,500.00 $37,500.00 $27,500.00$10,000.00 E.10.b Packet Pg. 200 At t a c h m e n t : G R A N 2 2 P S - 0 0 3 ( S B C o u n t y L i b r a r y ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – Exhibit 4A: CDBG Funds Requested and Leveraging Information Indicate the amount being requested by the city. City Amount Requested ($): (This amount should match the grand total requested from CDBG Share) 9 Leveraging items may include any written commitments that will be used towards your cash match requirements in the project, as well as any written commitments for building, equipment, materials, services and volunteer time. Source of Funding: Type of Funding: (Grant Name, EFSP Money) Amount ($): Date Available: (11/22/2016) Federal Funding State Funding County Funding Private Funding Other: Total Leveraging Funds 2022 2023 $27,500.00 California State Library Literacy Services $22,500.00 $10,000.00 County Grand Te $5,000.00 08/01/2022 07/01/2022 E.10.b Packet Pg. 201 At t a c h m e n t : G R A N 2 2 P S - 0 0 3 ( S B C o u n t y L i b r a r y ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – Exhibit 5: Performance and Outcomes Definitions: Unduplicated Clients: The number clients/persons projected to be served during the program year (e.g. 25 clients, 50 seniors): Duplicated Clients: The estimated yearly units of service (duplicated, e.g. 25 clients x 10 visits=250 units of service): Complete the chart below with the number of Duplicated and Unduplicated Clients to be served. •In column 1 identify activities that will be completed (e.g. intervention,counseling, and case management). •In column 2 indicate the number of Unduplicated Clients to be served. •In column 3 identify the number of Duplicated Clients to be served. Activities to be Completed (1) Unduplicated Clients to be Served (2) Duplicated Clients projected to be served (3) Performance and Outcomes, answer the following narrative questions using minimum funds request. Indicate a timeline of services provided to client(s) in order to meet project outcome(s). Describe how your agency determines client(s) success. Describe your methodology to evaluate project outcomes. 10 2022 2023 300 Learners are assessed by branch staff and matched with a tutor. They are scheduled for weekly tutoring sessions in order to meet individual goals set by the learner and plan new goals as the learner progresses. Literacy Tutoring 30 We track the number of goals met in correlation to the numbers of goals set by the individual learners. Learners set individual goals that they want to meet and tutors help learners meet those goals. Regular assessments of the learner's progress are used to track improvement. E.10.b Packet Pg. 202 At t a c h m e n t : G R A N 2 2 P S - 0 0 3 ( S B C o u n t y L i b r a r y ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – Exhibit 5A: Proposed Goals & Milestones Explain how the project will meet contract goals and milestones and be completed within 12 months (July 1, –June 30, ). For example, project expenditures and performance/ accomplishment goals of 40% by November 30th, 50% by December 31st, 80% by March 31st, and 100% by June 30th. Fill-in the table below with dates for submission of reimbursement claims and the estimated amount of each. Date of Reimbursement: Amount ($): Total Reimbursement: ($) 11 2022 2022 2023 2023 06/30/2023 $2,500.00 10/01/2022 $10,000.00 01/01/2023 04/01/2023 $2,500.00 $2,500.00 As mandated by the California State Library Literacy Services (CLLS), individual adult learners are required to list one or more personal Literacy goals via the Roles & Goals Intake Form. 75% of total Grand Terrace Adult Literacy Program learners are anticipated to achieve one or more of their personal goals set during program year 21-22. Our plan is to meet 25% of our goal each quarter; 25% by October 1st, 50% by January 1st, 75% by April 1st, and 100% by June 30th. $2,500.00 E.10.b Packet Pg. 203 At t a c h m e n t : G R A N 2 2 P S - 0 0 3 ( S B C o u n t y L i b r a r y ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – Exhibit 6: Agency Capacity Narrative (Non-Profit Organizations Only) Describe the roles of key administrators, staff members, and volunteers within your agency that will implement the proposed project. In your description include experience, education, and licensing qualifications. Describe your agency’s experience in administering government and/or public funds. Describe your method to sustain project viability over the multi-year process if funding decreases. Instructions: Complete the table below by marking “YES” or “NO” to the questions listed below. Question: Example: Have you received federal funds in the past five years? Yes In the past ten years, has your organization ever had its nonprofit status revoked or withheld by the IRS, the Secretary of State, the State Attorney General, or the Franchise Tax Board? Has your organization been sued in the last five years? Are any of your managers or staff with fiscal responsibilities involved in litigation presently that has any bearing on fiduciary trust or employee relations? Have any unfavorable rulings been handed down by any court against your organization or Executive Director the last five years? Does your organization currently have any unresolved fiscal, reporting, or program issues with any of its funding sources? YES/ NO 12 2022 2023 Library Events Coordinator, Admin Librarian I, Branch Managers, Library Assistants, Volunteer Tutors. See Attachment for detailed answer. No We have been funded for, and administrating, CDBG grants and funds for over ten years. This is a multi-branch program with a network of branch and administrative staff and a portion of the overall library budget set aside to improve and continue this program. No No No No E.10.b Packet Pg. 204 At t a c h m e n t : G R A N 2 2 P S - 0 0 3 ( S B C o u n t y L i b r a r y ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – EXHIBIT 7: Civil Rights Laws Compliance and HUD Good Standing Answer the following questions. Has your organization been a past recipient of assistance under a HUD McKinney Act program or the HUD Single Family Property Disposition Homeless Program? If you have been a recipient under either of these programs, has your agency experienced any project or construction delay, HUD finding or outstanding audit that HUD deems serious regarding the administration of HUD McKinney Act programs or the HUD Single Family Property Disposition Homeless Program? If you answered “Yes”, please explain the circumstances and outcome below. Applicants must be in compliance with applicable civil rights laws and Executive Orders. Applications will be rejected if your agency has any of the following: (1) Any pending civil rights lawsuit instituted by the U.S. Department of Justice; (2) Any noncompliance with civil rights statutes, Executive Orders or regulations as a result of formal administrative proceedings, unless the applicant is operating under a HUD-approved compliance agreement designed to correct the area of noncompliance or is currently negotiating such an agreement; (3) Any unresolved Secretarial charge of discrimination issues under Section 810(g) of the Fair Housing Act, as implemented by 24 CFR 103:400; (4) Any adjudication of a civil rights violation in a civil action brought against the Organization by a private individual, unless the applicant is operating in compliance with a court order designed to correct the area of noncompliance or the applicant has discharged any responsibility arising from such litigation; (5) Any deferral of the processing of applications from the sponsor imposed by HUD under Title VI of the Civil Rights Act of 1964, the Attorney General’s Guidelines (28 CFR 50.3) or the HUD Title VI regulations (24 CFR 1.8) and procedures, or under Section 504 of the Rehabilitation Act of 1973 and HUD Section 504 regulations (24 CFR 8.57). If one or more of these situations exists with your Organization, please attach a brief description. 13 2022 2023 No No E.10.b Packet Pg. 205 At t a c h m e n t : G R A N 2 2 P S - 0 0 3 ( S B C o u n t y L i b r a r y ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – 14 E-Signature Authorization San Bernardino County Community Development and Housing Community Development Block Grant -Application Dena Fuentes Deputy Executive Officer Gary Hallen Director Application Title: Applicant Name: In order to comply with all applicable federal grant regulations, a hard-copy of this E-Signature Authorization containing an original wet signature must be filed with the San Bernardino County, Community Development and Housing (CDH) in order for the applicant to electronically sign the Community Development Block Grant (CDBG) application documents online. This authorization may only be completed by a registered owner, partner, executive officer, or authorized employee (with proof of authorization) of the applicant submitting this form and must contain an original signature to be submitted to the CDH. Authorization Agreement I am an owner, partner, executive officer, or duly authorized employee of the below-listed applicant and have authority to enter into agreements on behalf of the below-listed applicant. CDH may rely on the receipt of such agreements executed and delivered by facsimile or other electronic means as if the original had been received. The undersigned agrees that the electronic signatures appearing on documents submitted from the below-listed applicant are the same as handwritten signatures for the purposes of validity, enforceability and admissibility. By signing this Electronic Signature Authorization Agreement, I authorize the CDH to accept, via electronic submission, documents submitted from the below-listed applicant as required by the CDH's Community Development Block Grant - Funding Application. I understand that CDH may change the CDBG application system from time to time. I agree that the below-listed applicant will electronically sign all documents requiring a signature related to the CDBG funding application. My signature on this form certifies that: I agree that entering my name in the CDBG funding application system constitutes my electronic signature. I understand that any information and documents submitted using my name is electronically certifying my signature. I understand that I am legally bound, obligated, and responsible by use of my electronic signature as much as I would be by my handwritten signature. I agree that I will protect my signature from unauthorized use, and that I will contact CDH immediately, upon discovery that my electronic signature has been compromised. I certify that my electronic signature is for my own use, and that I will not delegate it or share it with any individual. This request is effective immediately upon receipt by the CDH and will remain in effect until the end of the - CDBG funding cycle or I choose to cancel this request via written notification to the CDH. I understand that it is my responsibility to update and/or cancel this request under all circumstances, including my departure or terminated association with the below-listed applicant. By signing the E- Signature Authorization Form we certify that this agency will also comply with the following: Non-discrimination: This organization will, through all possible means, ensure equal opportunity for all persons to receive services, to participate in the volunteer structure, and to be employed regardless of age, handicap, national background, race, religion, or sex. An existing sectarian nature of the agency shall not suffer impairment under this agreement, but participation in religious observances, rituals or services will not be required as a condition of receiving food, services, or shelter paid for by this grant. Accountability: We commit this organization, if a grant is received, to provide all reports to the County as required; to expend monies only on eligible costs; to keep complete documentation (copies of all canceled checks, invoices, receipts, etc.) on all expenditures for a minimum of three years; to spend all funds and close out the program on the required date; to return any unused funds to the County to cooperate with monitoring or site visits, and; to provide complete documentation of expenses to the County, if requested, by the required date. 2022 2022 2022 2022 2023 2023 2023 2023 GT App Jennifer Jacobsmeyer E.10.b Packet Pg. 206 At t a c h m e n t : G R A N 2 2 P S - 0 0 3 ( S B C o u n t y L i b r a r y ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) 15 Please send the signed copy of this agreement to: Community Development and Housing 385 North Arrowhead Ave. 3rd Floor, San Bernardino, CA 94215-0043 Attn: Community Development Block Grant Application Public Services Program Application Fiscal Year – We affirm that all information in this application is true and correct to the best of our knowledge and that the applicant under our authority will execute its responsibility under the proposed contract and adhere to all other applicable rules and regulations to the fullest extent possible. Non-collusion: This proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person not herein named; the proposer has not directly induced or solicited any other proposer to put in a sham proposal, or any other person, firm or corporation to refrain from submitting a proposal; the proposer has not in any manner sought by collusion to secure for him/ herself an advantage over any other proposer. Applicant Information Applicant Name: Application Title: Agency Name: Federal Tax ID No.: Mailing Address: Phone No.: Email Address: Fax No: Authorized Signature Print Name: Print Title: Signature: Date: Liz.Smith@lib.sbcounty.gov 2022 2023 11/05/2021 Interim County LibrarianPatricia Turley 95-6002748 (909) 387-2288 Patricia Turley Interim County Librarian GT App Jennifer Jacobsmeyer (909) 387-2220777 East Rialto Ave. E.10.b Packet Pg. 207 At t a c h m e n t : G R A N 2 2 P S - 0 0 3 ( S B C o u n t y L i b r a r y ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – CDBG Application Checklist (Non-Profit Organizations Only) Community-based organizations are required to include one copy of the items listed below. If you are not submitting these items at this time, please notify Community Development and Housing at (909) 387-4705 to make other arrangements. The following information is required before any contract or reimbursement can be completed. o Summary of agency’s current year General Operating Budget o List of agency’s Board of Directors, including names and addresses o Proof of existing non-profit/tax-exempt status (Letters from the FederalInternal Revenue Service and State Franchise Tax Board) o Current certificate of insurance and amounts covered o Organizational chart o Minutes of last Board meeting o Non- Profit agencies must be Registered in the System of AwardManagement (SAM) website. Agency cannot be funded if they have been debarred in the past. o Provide board minutes/letter that authorizes the executive director or program manager to run the project. If your application is funded you will be required to provide a copy of your last audit and your Articles of Incorporation and Bylaws must be on file. 16 2022 2023 E.10.b Packet Pg. 208 At t a c h m e n t : G R A N 2 2 P S - 0 0 3 ( S B C o u n t y L i b r a r y ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – San Bernardino County Fiscal Year -Public Services Program Application The following documents must be submitted in the order listed, please be sure to submit all attachments with your application. Exhibit 1: Organization Information Exhibit 2: Project Information Exhibit 3: Community Needs and Target Population Exhibit 4: Project Budget & Sources Exhibit 5: Performance & Outcomes Exhibit 6: Agency Capacity Narrative Exhibit 7: Civil Rights Laws Compliance and HUD Good Standing Exhibit 8: Signature and Assurances Application Checklist _______________ Log Number (Office Use Only) 1 4 4 2022 4 GRAN22PS-024 2022 4 2023 4 4 4 4 2023 4 E.10.c Packet Pg. 209 At t a c h m e n t : G R A N 2 2 P S - 0 2 4 ( F S A S e n i o r N u t r i t i o n ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – Exhibit 1: Organization Information Organization Name: Organization Address: City/State/Zip: Phone: Fax: Email: Applicant Type: Authorized Person Name: Authorized Person’s Title: Address: City/State/Zip: Phone: Fax: Email: Application Contact Person’s Name: Application Contact Person’s Title: Explain the Agency’s 1) Mission, 2) Purpose, 3) Population Served, 4) Number of years serving population, 5) Supportive Services, their Funding Sources, and Start/End Dates. 2 Moreno Valley / CA / 92557 ahlam.jadallah@fsaca.org Family Service Association Chief Executive Officer 21250 Box Springs Rd, Suite 212 Fund Development Specialist II 2022 Family Service Association has been a non-profit leader for 67 years now, and in times of unprecedented change and adversity, FSA has become a stabilizing force in the community. Founded in 1953 by The Junior League of Riverside, community members have found comfort in FSA’s legacy of providing high quality care through much needed services like Senior Nutrition, Childcare, Mental Health, and Child Abuse Prevention throughout the Inland Region. FSA’s mission is “building community one family at a time, through compassion, advocacy and comprehensive model services, fostering self-sufficiency and sustainable impacts”. Non-profit Organization 9516861096 Ahlam Jadallah 2023 Cheryl-Marie Hansberger Cheryl.Hansberger@fsaca.org Moreno Valley / CA / 92557 19516861096 21250 Box Springs Road, Suite 212 E.10.c Packet Pg. 210 At t a c h m e n t : G R A N 2 2 P S - 0 2 4 ( F S A S e n i o r N u t r i t i o n ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – Exhibit 2: Project Information Project Title: Project Address: County Supervisorial District where project will be located: 1st District 2nd District 3rd District 4th District 5th District If you are requesting funds for an existing CDBG project, provide prior CDBG project number. Will this project provide an opportunity to hire minority-owned and women owned businesses? If YES, describe what actions will be completed to implement such subcontracting plans to monitor this component of the proposed project. If NO, discuss why and what actions are being taken to encourage minority-women businesses to apply for this project. 3 If this is an Expansion of Service to previously funded CDBG project, please explain how this is an expansion of service?. (i.e For 2015 we proposed 60 units of service, this year the agency is planning to serve 100 units of service) Is this a New Public Service Project, or request to expand services to an existing CDBG project? X Expansions of Service to an Existing Project 2022 For 2021 FSA proposed to serve 147 unduplicated clients. This year the Agency is planning to serve 149 unduplicated clients. 2023 Senior Nutrition Program N/A No 22627 Grand Terrace Rd., Grand Terrace, CA E.10.c Packet Pg. 211 At t a c h m e n t : G R A N 2 2 P S - 0 2 4 ( F S A S e n i o r N u t r i t i o n ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – EXHIBIT 2A: Countywide Vision Indicate Yes/No in the table below if any of these countywide vision goals are pertinent to the proposed project. Countywide Vision Countywide Vision Yes/ No Implement the Countywide Vision. Create, Maintain and Grow Jobs and Economic Value in the County. Improve County Government Operations. Operate in a Fiscally-Responsible and Business-Like Manner. Ensure Development of a Well-Planned, Balanced, and Sustainable County. Maintain Public Safety. Provide for the Health and Social Services Needs of County Residents. Pursue County Goals and Objectives by Working with Other Governmental Agencies. Provide a brief narrative of how your project meets the Countywide Vision: 4 FSA's Senior Nutrition Program meets the Countywide Vision in the following ways:·Assists the County in creating a range of choices for its residents in how they live by offering senior services free of charge to qualified seniors. ·Aids the county in their vision of offering high quality community health programs. ·Facilitates in the County’s vision of a model community where great ideas are shared and where collaborations are encouraged to reach shared interests and goals. ·Supports the County’s vision of a place that is a home for anyone seeking a sense of community and the best life has to offer. Yes 2022 Yes Yes 2023 Yes Yes Yes Yes Yes E.10.c Packet Pg. 212 At t a c h m e n t : G R A N 2 2 P S - 0 2 4 ( F S A S e n i o r N u t r i t i o n ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – Exhibit 3: Community Needs and Target Population Community Needs Target Population Public Service Needs: Yes/No Proposed Community: Yes/No Senior Services Low and Moderate Persons Handicapped Services Low and Moderate Households Youth Services Abused Children Child Care Services Handicapped Persons Transportation Services Illiterate Persons Substance Abuse Services Homeless Persons Employment Training Migrant Farm Workers Health Services Elderly People Lead Hazard Screening Crime Awareness 5 City/Target Area of Project Beneficiaries Participating Cities: (i.e Redlands, Colton, Yucaipa) No Yes No No Yes No No No 2022 No No 2023 No No No No Yes No Yes Grand Terrace E.10.c Packet Pg. 213 At t a c h m e n t : G R A N 2 2 P S - 0 2 4 ( F S A S e n i o r N u t r i t i o n ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – Exhibit 3: Community Needs and Target Population (continued) Describe the geographic boundaries of the neighborhood, community or area in which clients of the proposed program reside (attach a map if needed): HUD Demographics: (Yes/No) Does this project help prevent homelessness? Does this project help the homeless? Does this project help those with HIV or AIDS? Does this project primarily help persons with disabilities? Summarize the description of your project to include 1) priority, 2) sub-activity, 3)population(s) to be served, and 4) accomplishment level, and 5) services to be provided. 6 No No No 2022 2023 FSA’s Senior Nutrition Program is dedicated to providing seniors with the necessary nutritional support to protect them against food insecurity, and to help them continue to live independent and fulfilling lives. For many seniors, Senior Nutrition is the first service that they seek for assistance to help them stay in their own homes and live independently. It is through funding from both San Bernardino CDBG program and San Bernardino County DAAS that we are able to provide this service to the residents in the City of Grand Terrace. FSA provides nutritious meals to seniors 62 years of age and older in a group setting at the Grand Terrace Senior Center. Home-delivered meals are also delivered to homebound seniors who aren't mobile by reason of illness, disability, and a lack of transportation. The program also provides a range of services, including nutrition screening, assessment, and education. No Grand Terrace and surrounding communities. E.10.c Packet Pg. 214 At t a c h m e n t : G R A N 2 2 P S - 0 2 4 ( F S A S e n i o r N u t r i t i o n ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – Describe how this project meets the priority population and activities selected. Explain why this project is needed and what evidence can you substantiate the need. Describe what gaps of service in the county this project fills. What are the critical factors for the success of your project (include both financial and human resources)? For instance, is this the only funding for this project? What happens if funding decreases? Does this project rely on only one source of leveraging? Is there adequate staff involved with the project if there is project turnover? Please address any factor that is critical to project success. 7 Without the meals supplied by this program, many seniors would be prematurely placed in assisted living or nursing homes due to their inability to shop for food or prepare their own meals. Many seniors face the threat of hunger due to limitations in their daily living activities, such as difficulties with walking, meal preparation, eating, and memory. In addition, many seniors live alone and do not have family or neighbors to help shop for or prepare meals. For individuals in these challenging situations, the Senior Nutrition Program serves as a critical and valued program. 2022 The Senior Nutrition Program serves as a critical and meaningful approach to tackle food insecurity, isolation, depression, and many other health and social issues that vulnerable seniors experience. FSA provides seniors with one nutritionally balanced meal Monday - Friday. By providing these meals we will continue to meet our goals of improving the overall health and wellbeing of those we serve. 2023 The Outbreak of COVID-19 fueled the need for food services and an increased demand for meals. The demand continues to rise, and new participants are enrolling in the Senior Nutrition Program each day. FSA continues to exceed its program objectives and targets to meet the growth of the program. FSA’s Senior Nutrition Program is scalable based on the amount of funding received from various funding sources. The more funds received, the more seniors are able to utilize the congregate and homebound nutrition services that FSA offers. FSA employs over 350 individuals and has a strong volunteer base of nearly 1,000 volunteers. Programs are staffed appropriately and our executive team is prepared to fill any vacancies should the need arise. E.10.c Packet Pg. 215 At t a c h m e n t : G R A N 2 2 P S - 0 2 4 ( F S A S e n i o r N u t r i t i o n ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – Exhibit 4: Project Budget & Sources Project Budget SB County Share: ($) Other Source: ($) Personnel Equipment (Rental, Lease or Purchase) Consultant Services (Auditing, Accounting or Payroll) Space Rent Insurance Consumable Supplies Other Total Costs Total Project Budget Cost: (CDBG Share + Other Source) 8 $10,000.00 $1,718,078.00 $1,350,437.00 $4,215,473.00 $95,474.00 $4,205,473.00 2022 $11,478.00 $26,929.00 2023 $27,283.00 $10,000.00 $975,794.00 E.10.c Packet Pg. 216 At t a c h m e n t : G R A N 2 2 P S - 0 2 4 ( F S A S e n i o r N u t r i t i o n ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – Exhibit 4A: CDBG Funds Requested and Leveraging Information Indicate the amount being requested by the city. City Amount Requested ($): (This amount should match the grand total requested from CDBG Share) 9 Leveraging items may include any written commitments that will be used towards your cash match requirements in the project, as well as any written commitments for building, equipment, materials, services and volunteer time. Source of Funding: Type of Funding: (Grant Name, EFSP Money) Amount ($): Date Available: (11/22/2016) Federal Funding State Funding County Funding Private Funding Other: Total Leveraging Funds $3,887,011.00 $11,397.00 07/01/2022 $259,000.00Older Americans Act Title III 07/01/2022 $290,955.00 07/01/2022 Older Americans Act Title III 2022 Older Americans Act Title III $3,275,763.00 2023 $49,896.00In-Kind Gods & Services Individual Donations $10,000.00 12/31/2022 12/31/2022 Grand Te E.10.c Packet Pg. 217 At t a c h m e n t : G R A N 2 2 P S - 0 2 4 ( F S A S e n i o r N u t r i t i o n ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – Exhibit 5: Performance and Outcomes Definitions: Unduplicated Clients: The number clients/persons projected to be served during the program year (e.g. 25 clients, 50 seniors): Duplicated Clients: The estimated yearly units of service (duplicated, e.g. 25 clients x 10 visits=250 units of service): Complete the chart below with the number of Duplicated and Unduplicated Clients to be served. •In column 1 identify activities that will be completed (e.g. intervention,counseling, and case management). •In column 2 indicate the number of Unduplicated Clients to be served. •In column 3 identify the number of Duplicated Clients to be served. Activities to be Completed (1) Unduplicated Clients to be Served (2) Duplicated Clients projected to be served (3) Performance and Outcomes, answer the following narrative questions using minimum funds request. Indicate a timeline of services provided to client(s) in order to meet project outcome(s). Describe how your agency determines client(s) success. Describe your methodology to evaluate project outcomes. 10 FSA uses San Bernardino County Department on Aging and Adult Services Software to record the number of seniors that are served each day. 149 2022 2023 8300 FSA determines client success through quantitative and qualitative measures. Quantitative measures includes the number of seniors served daily. Qualitative measures are client success stories and testimonials. Nutrition (Congregate & Homebound) September 31, 2022 - FSA will serve 149 unduplicated seniors with meals. We will continue to provide congregate and homebound meals til program end date in June 30, 2023. E.10.c Packet Pg. 218 At t a c h m e n t : G R A N 2 2 P S - 0 2 4 ( F S A S e n i o r N u t r i t i o n ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – Exhibit 5A: Proposed Goals & Milestones Explain how the project will meet contract goals and milestones and be completed within 12 months (July 1, –June 30, ). For example, project expenditures and performance/ accomplishment goals of 40% by November 30th, 50% by December 31st, 80% by March 31st, and 100% by June 30th. Fill-in the table below with dates for submission of reimbursement claims and the estimated amount of each. Date of Reimbursement: Amount ($): Total Reimbursement: ($) 11 12/31/2022 $2,500.00 $2,500.00 FSA expects to serve 149 unduplicated clients throughout the program year. Since services will be conducted throughout the entire fiscal year, reimbursement claims will be issued each quarter. 09/30/2022 06/30/2023 2022 2022 $2,500.00 2023 2023 $10,000.00 03/31/2023 $2,500.00 E.10.c Packet Pg. 219 At t a c h m e n t : G R A N 2 2 P S - 0 2 4 ( F S A S e n i o r N u t r i t i o n ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – Exhibit 6: Agency Capacity Narrative (Non-Profit Organizations Only) Describe the roles of key administrators, staff members, and volunteers within your agency that will implement the proposed project. In your description include experience, education, and licensing qualifications. Describe your agency’s experience in administering government and/or public funds. Describe your method to sustain project viability over the multi-year process if funding decreases. Instructions: Complete the table below by marking “YES” or “NO” to the questions listed below. Question: Example: Have you received federal funds in the past five years? Yes In the past ten years, has your organization ever had its nonprofit status revoked or withheld by the IRS, the Secretary of State, the State Attorney General, or the Franchise Tax Board? Has your organization been sued in the last five years? Are any of your managers or staff with fiscal responsibilities involved in litigation presently that has any bearing on fiduciary trust or employee relations? Have any unfavorable rulings been handed down by any court against your organization or Executive Director the last five years? Does your organization currently have any unresolved fiscal, reporting, or program issues with any of its funding sources? YES/ NO 12 No No No Tom Donahue is the Senior Nutrition Administrator and oversees the entire program, including budget preparation and policies/procedures. No FSA consistently searches for funding opportunities that could be a match for all agency programs, including the Senior Nutrition Department’s More than a Meal program funding opportunities. As a recipient of more than $750,000 in federal funds, FSA is subject to single audit requirements using appropriate professional standards. 2022 2023 No E.10.c Packet Pg. 220 At t a c h m e n t : G R A N 2 2 P S - 0 2 4 ( F S A S e n i o r N u t r i t i o n ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – EXHIBIT 7: Civil Rights Laws Compliance and HUD Good Standing Answer the following questions. Has your organization been a past recipient of assistance under a HUD McKinney Act program or the HUD Single Family Property Disposition Homeless Program? If you have been a recipient under either of these programs, has your agency experienced any project or construction delay, HUD finding or outstanding audit that HUD deems serious regarding the administration of HUD McKinney Act programs or the HUD Single Family Property Disposition Homeless Program? If you answered “Yes”, please explain the circumstances and outcome below. Applicants must be in compliance with applicable civil rights laws and Executive Orders. Applications will be rejected if your agency has any of the following: (1) Any pending civil rights lawsuit instituted by the U.S. Department of Justice; (2) Any noncompliance with civil rights statutes, Executive Orders or regulations as a result of formal administrative proceedings, unless the applicant is operating under a HUD-approved compliance agreement designed to correct the area of noncompliance or is currently negotiating such an agreement; (3) Any unresolved Secretarial charge of discrimination issues under Section 810(g) of the Fair Housing Act, as implemented by 24 CFR 103:400; (4) Any adjudication of a civil rights violation in a civil action brought against the Organization by a private individual, unless the applicant is operating in compliance with a court order designed to correct the area of noncompliance or the applicant has discharged any responsibility arising from such litigation; (5) Any deferral of the processing of applications from the sponsor imposed by HUD under Title VI of the Civil Rights Act of 1964, the Attorney General’s Guidelines (28 CFR 50.3) or the HUD Title VI regulations (24 CFR 1.8) and procedures, or under Section 504 of the Rehabilitation Act of 1973 and HUD Section 504 regulations (24 CFR 8.57). If one or more of these situations exists with your Organization, please attach a brief description. 13 No 2022 2023 No E.10.c Packet Pg. 221 At t a c h m e n t : G R A N 2 2 P S - 0 2 4 ( F S A S e n i o r N u t r i t i o n ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – 14 E-Signature Authorization San Bernardino County Community Development and Housing Community Development Block Grant -Application Dena Fuentes Deputy Executive Officer Gary Hallen Director Application Title: Applicant Name: In order to comply with all applicable federal grant regulations, a hard-copy of this E-Signature Authorization containing an original wet signature must be filed with the San Bernardino County, Community Development and Housing (CDH) in order for the applicant to electronically sign the Community Development Block Grant (CDBG) application documents online. This authorization may only be completed by a registered owner, partner, executive officer, or authorized employee (with proof of authorization) of the applicant submitting this form and must contain an original signature to be submitted to the CDH. Authorization Agreement I am an owner, partner, executive officer, or duly authorized employee of the below-listed applicant and have authority to enter into agreements on behalf of the below-listed applicant. CDH may rely on the receipt of such agreements executed and delivered by facsimile or other electronic means as if the original had been received. The undersigned agrees that the electronic signatures appearing on documents submitted from the below-listed applicant are the same as handwritten signatures for the purposes of validity, enforceability and admissibility. By signing this Electronic Signature Authorization Agreement, I authorize the CDH to accept, via electronic submission, documents submitted from the below-listed applicant as required by the CDH's Community Development Block Grant - Funding Application. I understand that CDH may change the CDBG application system from time to time. I agree that the below-listed applicant will electronically sign all documents requiring a signature related to the CDBG funding application. My signature on this form certifies that: I agree that entering my name in the CDBG funding application system constitutes my electronic signature. I understand that any information and documents submitted using my name is electronically certifying my signature. I understand that I am legally bound, obligated, and responsible by use of my electronic signature as much as I would be by my handwritten signature. I agree that I will protect my signature from unauthorized use, and that I will contact CDH immediately, upon discovery that my electronic signature has been compromised. I certify that my electronic signature is for my own use, and that I will not delegate it or share it with any individual. This request is effective immediately upon receipt by the CDH and will remain in effect until the end of the - CDBG funding cycle or I choose to cancel this request via written notification to the CDH. I understand that it is my responsibility to update and/or cancel this request under all circumstances, including my departure or terminated association with the below-listed applicant. By signing the E- Signature Authorization Form we certify that this agency will also comply with the following: Non-discrimination: This organization will, through all possible means, ensure equal opportunity for all persons to receive services, to participate in the volunteer structure, and to be employed regardless of age, handicap, national background, race, religion, or sex. An existing sectarian nature of the agency shall not suffer impairment under this agreement, but participation in religious observances, rituals or services will not be required as a condition of receiving food, services, or shelter paid for by this grant. Accountability: We commit this organization, if a grant is received, to provide all reports to the County as required; to expend monies only on eligible costs; to keep complete documentation (copies of all canceled checks, invoices, receipts, etc.) on all expenditures for a minimum of three years; to spend all funds and close out the program on the required date; to return any unused funds to the County to cooperate with monitoring or site visits, and; to provide complete documentation of expenses to the County, if requested, by the required date. FSA Senior Nutrition Program - Grand Terrace 2022 2022 2022 2022 2023 2023 2023 2023 Cheryl Marie Hansberger E.10.c Packet Pg. 222 At t a c h m e n t : G R A N 2 2 P S - 0 2 4 ( F S A S e n i o r N u t r i t i o n ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) 15 Please send the signed copy of this agreement to: Community Development and Housing 385 North Arrowhead Ave. 3rd Floor, San Bernardino, CA 94215-0043 Attn: Community Development Block Grant Application Public Services Program Application Fiscal Year – We affirm that all information in this application is true and correct to the best of our knowledge and that the applicant under our authority will execute its responsibility under the proposed contract and adhere to all other applicable rules and regulations to the fullest extent possible. Non-collusion: This proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person not herein named; the proposer has not directly induced or solicited any other proposer to put in a sham proposal, or any other person, firm or corporation to refrain from submitting a proposal; the proposer has not in any manner sought by collusion to secure for him/ herself an advantage over any other proposer. Applicant Information Applicant Name: Application Title: Agency Name: Federal Tax ID No.: Mailing Address: Phone No.: Email Address: Fax No: Authorized Signature Print Name: Print Title: Signature: Date: 12/10/2021 CEO Chery.Hansberger@fsaca.org 21250 Box Springs Rd, Suite 212 95-1803694 FSA Senior Nutrition Program - Grand Terrace (951) 686-1096 2022 2023 Cheryl Marie Hansberger Cheryl-Marie Hansberger Cheryl-Marie Hansberger E.10.c Packet Pg. 223 At t a c h m e n t : G R A N 2 2 P S - 0 2 4 ( F S A S e n i o r N u t r i t i o n ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – CDBG Application Checklist (Non-Profit Organizations Only) Community-based organizations are required to include one copy of the items listed below. If you are not submitting these items at this time, please notify Community Development and Housing at (909) 387-4705 to make other arrangements. The following information is required before any contract or reimbursement can be completed. o Summary of agency’s current year General Operating Budget o List of agency’s Board of Directors, including names and addresses o Proof of existing non-profit/tax-exempt status (Letters from the FederalInternal Revenue Service and State Franchise Tax Board) o Current certificate of insurance and amounts covered o Organizational chart o Minutes of last Board meeting o Non- Profit agencies must be Registered in the System of AwardManagement (SAM) website. Agency cannot be funded if they have been debarred in the past. o Provide board minutes/letter that authorizes the executive director or program manager to run the project. If your application is funded you will be required to provide a copy of your last audit and your Articles of Incorporation and Bylaws must be on file. 16 2022 2023 E.10.c Packet Pg. 224 At t a c h m e n t : G R A N 2 2 P S - 0 2 4 ( F S A S e n i o r N u t r i t i o n ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – San Bernardino County Fiscal Year -Public Services Program Application The following documents must be submitted in the order listed, please be sure to submit all attachments with your application. Exhibit 1: Organization Information Exhibit 2: Project Information Exhibit 3: Community Needs and Target Population Exhibit 4: Project Budget & Sources Exhibit 5: Performance & Outcomes Exhibit 6: Agency Capacity Narrative Exhibit 7: Civil Rights Laws Compliance and HUD Good Standing Exhibit 8: Signature and Assurances Application Checklist _______________ Log Number (Office Use Only) 1 4 4 2022 4 GRAN22PS-027 2022 4 2023 4 4 4 4 2023 4 E.10.d Packet Pg. 225 At t a c h m e n t : G R A N 2 2 P S - 0 2 7 ( F S A S e n i o r C e n t e r C o o r d i n a t o r ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – Exhibit 1: Organization Information Organization Name: Organization Address: City/State/Zip: Phone: Fax: Email: Applicant Type: Authorized Person Name: Authorized Person’s Title: Address: City/State/Zip: Phone: Fax: Email: Application Contact Person’s Name: Application Contact Person’s Title: Explain the Agency’s 1) Mission, 2) Purpose, 3) Population Served, 4) Number of years serving population, 5) Supportive Services, their Funding Sources, and Start/End Dates. 2 Moreno Valley / CA / 92557 ahlam.jadallah@fsaca.org Family Service Association Chief Executive Officer 21250 Box Springs Rd, Suite 212 Fund Development Specialist II 2022 Family Service Association has been a non-profit leader for 67 years now, and in times of unprecedented change and adversity, FSA has become a stabilizing force in the community. Founded in 1953 by The Junior League of Riverside, community members have found comfort in FSA’s legacy of providing high quality care through much needed services like Senior Nutrition, Childcare, Mental Health, and Child Abuse Prevention throughout the Inland Region. FSA’s mission is “building community one family at a time, through compassion, advocacy and comprehensive model services, fostering self-sufficiency and sustainable impacts”. Non-profit Organization 9516861096 Ahlam Jadallah 2023 Cheryl-Marie Hansberger Cheryl.Hansberger@fsaca.org Moreno Valley / CA / 92557 19516861096 21250 Box Springs Road, Suite 212 E.10.d Packet Pg. 226 At t a c h m e n t : G R A N 2 2 P S - 0 2 7 ( F S A S e n i o r C e n t e r C o o r d i n a t o r ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – Exhibit 2: Project Information Project Title: Project Address: County Supervisorial District where project will be located: 1st District 2nd District 3rd District 4th District 5th District If you are requesting funds for an existing CDBG project, provide prior CDBG project number. Will this project provide an opportunity to hire minority-owned and women owned businesses? If YES, describe what actions will be completed to implement such subcontracting plans to monitor this component of the proposed project. If NO, discuss why and what actions are being taken to encourage minority-women businesses to apply for this project. 3 If this is an Expansion of Service to previously funded CDBG project, please explain how this is an expansion of service?. (i.e For 2015 we proposed 60 units of service, this year the agency is planning to serve 100 units of service) Is this a New Public Service Project, or request to expand services to an existing CDBG project? X Expansions of Service to an Existing Project 2022 For 2021, FSA proposed to serve 183 unduplicated clients. This year the Agency is planning to serve 185 unduplicated clients. 2023 Grand Terrace Senior Center N/A No 22627 Grand Terrace Rd., Grand Terrace, CA 92313 E.10.d Packet Pg. 227 At t a c h m e n t : G R A N 2 2 P S - 0 2 7 ( F S A S e n i o r C e n t e r C o o r d i n a t o r ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – EXHIBIT 2A: Countywide Vision Indicate Yes/No in the table below if any of these countywide vision goals are pertinent to the proposed project. Countywide Vision Countywide Vision Yes/ No Implement the Countywide Vision. Create, Maintain and Grow Jobs and Economic Value in the County. Improve County Government Operations. Operate in a Fiscally-Responsible and Business-Like Manner. Ensure Development of a Well-Planned, Balanced, and Sustainable County. Maintain Public Safety. Provide for the Health and Social Services Needs of County Residents. Pursue County Goals and Objectives by Working with Other Governmental Agencies. Provide a brief narrative of how your project meets the Countywide Vision: 4 The Project will Implement the Countywide Vision by supporting the Wellness Element to provide safety, health and social service needs for County residents. The senior center offers wellness activities, such as daily lunch, exercise classes, dance, and art classes, educational classes, health screenings, and socialization opportunities for seniors through game nights, arts and craft classes, and karaoke. The Project meets the goals of working with other governmental agencies by maintaining a close working relationship between the County and City of Grand Terrace. Yes 2022 Yes Yes 2023 Yes Yes Yes Yes Yes E.10.d Packet Pg. 228 At t a c h m e n t : G R A N 2 2 P S - 0 2 7 ( F S A S e n i o r C e n t e r C o o r d i n a t o r ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – Exhibit 3: Community Needs and Target Population Community Needs Target Population Public Service Needs: Yes/No Proposed Community: Yes/No Senior Services Low and Moderate Persons Handicapped Services Low and Moderate Households Youth Services Abused Children Child Care Services Handicapped Persons Transportation Services Illiterate Persons Substance Abuse Services Homeless Persons Employment Training Migrant Farm Workers Health Services Elderly People Lead Hazard Screening Crime Awareness 5 City/Target Area of Project Beneficiaries Participating Cities: (i.e Redlands, Colton, Yucaipa) No Yes No No Yes No No Yes No 2022 No No 2023 No Yes No No Yes Yes Yes City of Grand Terrace, and immediate surrounding area. E.10.d Packet Pg. 229 At t a c h m e n t : G R A N 2 2 P S - 0 2 7 ( F S A S e n i o r C e n t e r C o o r d i n a t o r ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – Exhibit 3: Community Needs and Target Population (continued) Describe the geographic boundaries of the neighborhood, community or area in which clients of the proposed program reside (attach a map if needed): HUD Demographics: (Yes/No) Does this project help prevent homelessness? Does this project help the homeless? Does this project help those with HIV or AIDS? Does this project primarily help persons with disabilities? Summarize the description of your project to include 1) priority, 2) sub-activity, 3)population(s) to be served, and 4) accomplishment level, and 5) services to be provided. 6 No No No 2022 2023 FSA is seeking funding to continue operations of the Grand Terrace Senior Center. A Program Coordinator position was established in the 17/18 year and since then services have been offered on regular basis and participation has increased by 10%. The project is needed so that the City’s goal to provide seniors with a safe and healthy place to continue to be nourished and stay active within their community can be met. The coordinator is responsible for the daily operation of the Center, including opening and closing the Center, scheduling of classes, educational counseling, coordinating with vendors for programs, and also working with the senior board members. In addition to personnel costs, FSA is also requesting funding for operational costs so that the Center can host more activities and events on a routine basis. Funding is critical to the success of the program, so that an experienced staff person(s) can operate the Center and engage the community at large. No The geographic boundaries to be served are the entire boundaries of the City of Grand Terrace. Seniors from adjacent communities such as Colton and Highgrove also utilize the Center, but clients are primarily from Grand Terrace. E.10.d Packet Pg. 230 At t a c h m e n t : G R A N 2 2 P S - 0 2 7 ( F S A S e n i o r C e n t e r C o o r d i n a t o r ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – Describe how this project meets the priority population and activities selected. Explain why this project is needed and what evidence can you substantiate the need. Describe what gaps of service in the county this project fills. What are the critical factors for the success of your project (include both financial and human resources)? For instance, is this the only funding for this project? What happens if funding decreases? Does this project rely on only one source of leveraging? Is there adequate staff involved with the project if there is project turnover? Please address any factor that is critical to project success. 7 The Senior Center serves a minimum of 180 seniors on a monthly basis, and fills this gap by providing a variety of health, social and counseling services. With the help of CDBG funding a paid position was established in 17/18, and in less than the first half of the fiscal year membership grew by 10%. The grant is needed to sustain and increase this growth. 2022 The Project will provide services to the senior target population. It will allow for staffing of the Center to manage the services and activities of the Senior Center and its 180 monthly senior participants. The Project will allow seniors to have a safe and healthy place to continue to be nourished and stay active within their community. 2023 For over 30 years, the Center has historically been managed by a senior volunteer; and oftentimes the needs of the Center overwhelmed the capacity of senior volunteers. In 17/18 a coordinator was funded and membership and participation increased by 10%. As membership continues to increase, this staffing position and increased operational costs are needed to manage the center's increasing activities. Funding is a critical factor for Project success. This application seeks $50,000 of CDBG funding to assist in staffing and operations of the Center. It is critical to the success of the program that there is a non-volunteer staffing to manage the Center. A paid coordinator hasbeen in place during the 17/18 year and the Center has already experienced increased participation. E.10.d Packet Pg. 231 At t a c h m e n t : G R A N 2 2 P S - 0 2 7 ( F S A S e n i o r C e n t e r C o o r d i n a t o r ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – Exhibit 4: Project Budget & Sources Project Budget SB County Share: ($) Other Source: ($) Personnel Equipment (Rental, Lease or Purchase) Consultant Services (Auditing, Accounting or Payroll) Space Rent Insurance Consumable Supplies Other Total Costs Total Project Budget Cost: (CDBG Share + Other Source) 8 $35,000.00 $2,500.00 $7,500.00 $10,000.00 $68,000.00 $2,500.00 $18,000.00 $7,500.00 2022 $0.00 $0.00 2023 $0.00 $50,000.00 $3,000.00 E.10.d Packet Pg. 232 At t a c h m e n t : G R A N 2 2 P S - 0 2 7 ( F S A S e n i o r C e n t e r C o o r d i n a t o r ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – Exhibit 4A: CDBG Funds Requested and Leveraging Information Indicate the amount being requested by the city. City Amount Requested ($): (This amount should match the grand total requested from CDBG Share) 9 Leveraging items may include any written commitments that will be used towards your cash match requirements in the project, as well as any written commitments for building, equipment, materials, services and volunteer time. Source of Funding: Type of Funding: (Grant Name, EFSP Money) Amount ($): Date Available: (11/22/2016) Federal Funding State Funding County Funding Private Funding Other: Total Leveraging Funds $0.00 $0.00 07/01/2022 $0.00 07/01/2022 $0.00 07/01/2022 2022 $0.00 2023 $0.00 $50,000.00 07/01/2022 07/01/2022 Grand Te E.10.d Packet Pg. 233 At t a c h m e n t : G R A N 2 2 P S - 0 2 7 ( F S A S e n i o r C e n t e r C o o r d i n a t o r ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – Exhibit 5: Performance and Outcomes Definitions: Unduplicated Clients: The number clients/persons projected to be served during the program year (e.g. 25 clients, 50 seniors): Duplicated Clients: The estimated yearly units of service (duplicated, e.g. 25 clients x 10 visits=250 units of service): Complete the chart below with the number of Duplicated and Unduplicated Clients to be served. •In column 1 identify activities that will be completed (e.g. intervention,counseling, and case management). •In column 2 indicate the number of Unduplicated Clients to be served. •In column 3 identify the number of Duplicated Clients to be served. Activities to be Completed (1) Unduplicated Clients to be Served (2) Duplicated Clients projected to be served (3) Performance and Outcomes, answer the following narrative questions using minimum funds request. Indicate a timeline of services provided to client(s) in order to meet project outcome(s). Describe how your agency determines client(s) success. Describe your methodology to evaluate project outcomes. 10 30 700 Evaluation of monthly intake forms and daily sign in sheets. Transportation to Grocery Markets 85 240070 2022 2023 2700 By continued increases in senior center membership, participation and programs, demonstrating that seniors have a safe and healthy place to socialize and stay active within their community. Social Recreation The timeline of services is 12 months, July 1, 2022 to June 30, 2023. Exercise and Wellness Programs E.10.d Packet Pg. 234 At t a c h m e n t : G R A N 2 2 P S - 0 2 7 ( F S A S e n i o r C e n t e r C o o r d i n a t o r ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – Exhibit 5A: Proposed Goals & Milestones Explain how the project will meet contract goals and milestones and be completed within 12 months (July 1, –June 30, ). For example, project expenditures and performance/ accomplishment goals of 40% by November 30th, 50% by December 31st, 80% by March 31st, and 100% by June 30th. Fill-in the table below with dates for submission of reimbursement claims and the estimated amount of each. Date of Reimbursement: Amount ($): Total Reimbursement: ($) 11 12/31/2022 $12,500.00 $12,500.00 25% by September 30, 2022; 50% by December 30, 2022; 75% by March 30, 2023; 100% by June 30, 2023. 09/30/2022 06/30/2023 2022 2022 $12,500.00 2023 2023 $50,000.00 03/31/2023 $12,500.00 E.10.d Packet Pg. 235 At t a c h m e n t : G R A N 2 2 P S - 0 2 7 ( F S A S e n i o r C e n t e r C o o r d i n a t o r ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – Exhibit 6: Agency Capacity Narrative (Non-Profit Organizations Only) Describe the roles of key administrators, staff members, and volunteers within your agency that will implement the proposed project. In your description include experience, education, and licensing qualifications. Describe your agency’s experience in administering government and/or public funds. Describe your method to sustain project viability over the multi-year process if funding decreases. Instructions: Complete the table below by marking “YES” or “NO” to the questions listed below. Question: Example: Have you received federal funds in the past five years? Yes In the past ten years, has your organization ever had its nonprofit status revoked or withheld by the IRS, the Secretary of State, the State Attorney General, or the Franchise Tax Board? Has your organization been sued in the last five years? Are any of your managers or staff with fiscal responsibilities involved in litigation presently that has any bearing on fiduciary trust or employee relations? Have any unfavorable rulings been handed down by any court against your organization or Executive Director the last five years? Does your organization currently have any unresolved fiscal, reporting, or program issues with any of its funding sources? YES/ NO 12 No No No Dariana Ortiz is the Community Centered Services Director and oversees the entire Center and program. No FSA consistently searches for funding opportunities that could be a match for all agency programs, including the Senior Center and its activities. As a recipient of more than $750,000 in federal funds, FSA is subject to single audit requirements using appropriate professional standards. 2022 2023 No E.10.d Packet Pg. 236 At t a c h m e n t : G R A N 2 2 P S - 0 2 7 ( F S A S e n i o r C e n t e r C o o r d i n a t o r ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – EXHIBIT 7: Civil Rights Laws Compliance and HUD Good Standing Answer the following questions. Has your organization been a past recipient of assistance under a HUD McKinney Act program or the HUD Single Family Property Disposition Homeless Program? If you have been a recipient under either of these programs, has your agency experienced any project or construction delay, HUD finding or outstanding audit that HUD deems serious regarding the administration of HUD McKinney Act programs or the HUD Single Family Property Disposition Homeless Program? If you answered “Yes”, please explain the circumstances and outcome below. Applicants must be in compliance with applicable civil rights laws and Executive Orders. Applications will be rejected if your agency has any of the following: (1) Any pending civil rights lawsuit instituted by the U.S. Department of Justice; (2) Any noncompliance with civil rights statutes, Executive Orders or regulations as a result of formal administrative proceedings, unless the applicant is operating under a HUD-approved compliance agreement designed to correct the area of noncompliance or is currently negotiating such an agreement; (3) Any unresolved Secretarial charge of discrimination issues under Section 810(g) of the Fair Housing Act, as implemented by 24 CFR 103:400; (4) Any adjudication of a civil rights violation in a civil action brought against the Organization by a private individual, unless the applicant is operating in compliance with a court order designed to correct the area of noncompliance or the applicant has discharged any responsibility arising from such litigation; (5) Any deferral of the processing of applications from the sponsor imposed by HUD under Title VI of the Civil Rights Act of 1964, the Attorney General’s Guidelines (28 CFR 50.3) or the HUD Title VI regulations (24 CFR 1.8) and procedures, or under Section 504 of the Rehabilitation Act of 1973 and HUD Section 504 regulations (24 CFR 8.57). If one or more of these situations exists with your Organization, please attach a brief description. 13 No 2022 2023 No E.10.d Packet Pg. 237 At t a c h m e n t : G R A N 2 2 P S - 0 2 7 ( F S A S e n i o r C e n t e r C o o r d i n a t o r ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – 14 E-Signature Authorization San Bernardino County Community Development and Housing Community Development Block Grant -Application Dena Fuentes Deputy Executive Officer Gary Hallen Director Application Title: Applicant Name: In order to comply with all applicable federal grant regulations, a hard-copy of this E-Signature Authorization containing an original wet signature must be filed with the San Bernardino County, Community Development and Housing (CDH) in order for the applicant to electronically sign the Community Development Block Grant (CDBG) application documents online. This authorization may only be completed by a registered owner, partner, executive officer, or authorized employee (with proof of authorization) of the applicant submitting this form and must contain an original signature to be submitted to the CDH. Authorization Agreement I am an owner, partner, executive officer, or duly authorized employee of the below-listed applicant and have authority to enter into agreements on behalf of the below-listed applicant. CDH may rely on the receipt of such agreements executed and delivered by facsimile or other electronic means as if the original had been received. The undersigned agrees that the electronic signatures appearing on documents submitted from the below-listed applicant are the same as handwritten signatures for the purposes of validity, enforceability and admissibility. By signing this Electronic Signature Authorization Agreement, I authorize the CDH to accept, via electronic submission, documents submitted from the below-listed applicant as required by the CDH's Community Development Block Grant - Funding Application. I understand that CDH may change the CDBG application system from time to time. I agree that the below-listed applicant will electronically sign all documents requiring a signature related to the CDBG funding application. My signature on this form certifies that: I agree that entering my name in the CDBG funding application system constitutes my electronic signature. I understand that any information and documents submitted using my name is electronically certifying my signature. I understand that I am legally bound, obligated, and responsible by use of my electronic signature as much as I would be by my handwritten signature. I agree that I will protect my signature from unauthorized use, and that I will contact CDH immediately, upon discovery that my electronic signature has been compromised. I certify that my electronic signature is for my own use, and that I will not delegate it or share it with any individual. This request is effective immediately upon receipt by the CDH and will remain in effect until the end of the - CDBG funding cycle or I choose to cancel this request via written notification to the CDH. I understand that it is my responsibility to update and/or cancel this request under all circumstances, including my departure or terminated association with the below-listed applicant. By signing the E- Signature Authorization Form we certify that this agency will also comply with the following: Non-discrimination: This organization will, through all possible means, ensure equal opportunity for all persons to receive services, to participate in the volunteer structure, and to be employed regardless of age, handicap, national background, race, religion, or sex. An existing sectarian nature of the agency shall not suffer impairment under this agreement, but participation in religious observances, rituals or services will not be required as a condition of receiving food, services, or shelter paid for by this grant. Accountability: We commit this organization, if a grant is received, to provide all reports to the County as required; to expend monies only on eligible costs; to keep complete documentation (copies of all canceled checks, invoices, receipts, etc.) on all expenditures for a minimum of three years; to spend all funds and close out the program on the required date; to return any unused funds to the County to cooperate with monitoring or site visits, and; to provide complete documentation of expenses to the County, if requested, by the required date. Grand Terrace Senior Center 2022 2022 2022 2022 2023 2023 2023 2023 Cheryl Marie Hansberger E.10.d Packet Pg. 238 At t a c h m e n t : G R A N 2 2 P S - 0 2 7 ( F S A S e n i o r C e n t e r C o o r d i n a t o r ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) 15 Please send the signed copy of this agreement to: Community Development and Housing 385 North Arrowhead Ave. 3rd Floor, San Bernardino, CA 94215-0043 Attn: Community Development Block Grant Application Public Services Program Application Fiscal Year – We affirm that all information in this application is true and correct to the best of our knowledge and that the applicant under our authority will execute its responsibility under the proposed contract and adhere to all other applicable rules and regulations to the fullest extent possible. Non-collusion: This proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person not herein named; the proposer has not directly induced or solicited any other proposer to put in a sham proposal, or any other person, firm or corporation to refrain from submitting a proposal; the proposer has not in any manner sought by collusion to secure for him/ herself an advantage over any other proposer. Applicant Information Applicant Name: Application Title: Agency Name: Federal Tax ID No.: Mailing Address: Phone No.: Email Address: Fax No: Authorized Signature Print Name: Print Title: Signature: Date: 12/10/2021 CEO Chery.Hansberger@fsaca.org 21250 Box Springs Rd, Suite 212 95-1803694 Grand Terrace Senior Center (951) 686-1096 2022 2023 Cheryl Marie Hansberger Cheryl-Marie Hansberger Cheryl-Marie Hansberger E.10.d Packet Pg. 239 At t a c h m e n t : G R A N 2 2 P S - 0 2 7 ( F S A S e n i o r C e n t e r C o o r d i n a t o r ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) Public Services Program Application Fiscal Year – CDBG Application Checklist (Non-Profit Organizations Only) Community-based organizations are required to include one copy of the items listed below. If you are not submitting these items at this time, please notify Community Development and Housing at (909) 387-4705 to make other arrangements. The following information is required before any contract or reimbursement can be completed. o Summary of agency’s current year General Operating Budget o List of agency’s Board of Directors, including names and addresses o Proof of existing non-profit/tax-exempt status (Letters from the FederalInternal Revenue Service and State Franchise Tax Board) o Current certificate of insurance and amounts covered o Organizational chart o Minutes of last Board meeting o Non- Profit agencies must be Registered in the System of AwardManagement (SAM) website. Agency cannot be funded if they have been debarred in the past. o Provide board minutes/letter that authorizes the executive director or program manager to run the project. If your application is funded you will be required to provide a copy of your last audit and your Articles of Incorporation and Bylaws must be on file. 16 2022 2023 E.10.d Packet Pg. 240 At t a c h m e n t : G R A N 2 2 P S - 0 2 7 ( F S A S e n i o r C e n t e r C o o r d i n a t o r ) ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) NOTICE OF PUBLIC HEARING BY THE CITY COUNCIL HEARING DATE: Tuesday, February 8, 2022 PLACE: Council Chambers, 22795 Barton Road, Grand Terrace, California TIME: 6:00 P.M. THE CITY COUNCIL OF THE CITY OF GRAND TERRACE IS SCHEDULED TO HOLD A PUBLIC HEARING AT THE ABOVE TIME AND PLACE REGARDING THE FOLLOWING ITEM: 2021-22 Community Development Block Grant (CDBG) Program. The CDBG Program is a federally funded program that provides grant funds for activities that meet national objectives such as principally benefiting low-and moderate-income persons, 2) eliminating blight, and 3) meeting an urgent need. The City Council will hold a public hearing for the purpose of considering eligible applications and prioritizing funding recommendations, which will then be forwarded to the San Bernardino County Board of Supervisors for action. Anyone wishing to speak in favor of or in opposition to any of the above listed items will be given the opportunity to do so before the City Council. Pursuant to Government Code Section 65009(b)(2): “If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the public entity conducting the hearing at or prior to the public hearing.” The City of Grand Terrace complies with the Americans with Disabilities Act of 1990. If you require special assistance to participate in this meeting, please call the City Clerk’s office at (909) 824-6621, Ext. 230, at least 48 hours prior to the meeting. If you have any questions regarding this item, the public hearing or this notice or to review related materials, please contact Shanita Tillman in the Public Works Department located at 22795 Barton Road, Grand Terrace, California (909) 824-6621 Extension 218, or via email stillman@grandterrace-ca.gov. E.10.e Packet Pg. 241 At t a c h m e n t : P u b l i c H e a r i n g N o t i c e _ 2 . 8 . 2 2 ( 2 0 2 2 - 2 3 C o m m u n i t y D e v e l o p m e n t B l o c k G r a n t P r o g r a m ( C D B G ) ) AGENDA REPORT MEETING DATE: February 8, 2022 Council Item TITLE: Guidelines for Filling City Council Vacancies by Appointment PRESENTED BY: Adrian Guerra, City Attorney RECOMMENDATION: Consider adoption of a Resolution Approving Guidelines for Filling City Council Vacancies by Appointment or provide other direction 2030 VISION STATEMENT: This staff report supports City Council Goal #5, “Engage in Proactive Communication” by allowing community input on potential procedures on filling City Council vacancies. BACKGROUND: On January 25, 2022, the City Council directed the City Attorney’s office to draft a set of guidelines that would provide the City Council with procedures and criteria to fill a vacancy on the City Council. The proposed resolution to adopt the “Guidelines for Filling City Council Vacancies by Appointment” are attached to this report. DISCUSSION: The purpose of “Guidelines for Filling City Council Vacancies by Appointment” is to provide general guidelines on filling City Council vacancies by appointment. The guidelines are not intended to be restrictive such that the City Council is unable to act in a different manner that is consistent with applicable law, such as Government Code Section 34512 (which provides vacancy filling requirements). With the above in mind, the guidelines set out the following procedures in the event of a vacancy on the City Council: 1. Initial Meeting. Within 7 days of the commencement of the vacancy, a regular or special meeting of the City Council shall be scheduled for the purposes of filling the vacancy and to provide direction to staff on seeking applications from candidates to fill the vacancy or to provide such other direction as may be appropriate, including, but not limited to, direction consistent with Government Code Section 34512. If the City Council determines to fill the vacancy by appointment, then the City Council will proceed to the meetings provided below. 2. First Meeting – Interview Selection: Within 15 days of holding the Initial Meeting, a regular or special meeting of the City Council shall be scheduled so that the City Council may consider and select potential G.11 Packet Pg. 242 candidates to be interviewed. 2. Second Meeting – Candidate Interviews: Within 15 days of the First Meeting, a regular or special meeting of the City Council shall be scheduled so that the City Council may interview potential candidates. 3. Third Meeting – Candidate Appointment: Within 15 days of the Second Meeting, a regular or special meeting of the City Council shall be scheduled so that the City Council may appoint an individual from the interviewed candidates to fill the City Council vacancy. 4. Special Election: In the event that the City Council does not fill the vacancy by appointment, then a regular or special meeting of the City Council shall be called prior to the 60th day from the commencement of the vacancy for the purpose of calling a special election to fill such vacancy in a manner consistent with Government Code Section 34512. Further, these timelines can be extended or shortened by the City Council, provided that the requirements of the Government Code are met, and, in the case of multiple vacancies, the procedures can be run concurrently. The goal of these timelines is to ensure that an appointment occurs within the 60-day period that the Government Code provides for the filling of a vacancy on the City Council. Further, the guidelines set forth the following suggested criteria for the City Council to consider when reviewing a potential appointee: 1. The individual’s availability to serve as a Council Member in light of other commitments, such as a job. 2. The individual’s knowledge and experience with current City issues and governance. 3. The individual’s level of community engagement, such as participation in community organizations. 4. The individual’s level of civic engagement, such as participation on City committees, commissions, and boards. 5. The individual’s goals and objectives if appointed as a City Council member. 6. Whether the individual sought a seat on the City Council at the last regular election and, if so, the number of votes the individual received. These criteria are not intended to be restrictive or serve as a prerequisite for any appointee. ATTACHMENTS: G.11 Packet Pg. 243 • GT Resolution - Vacancy Filling Guidelines (DOCX) APPROVALS: Adrian Guerra Completed 02/02/2022 12:26 PM City Manager Completed 02/02/2022 1:23 PM City Council Pending 02/08/2022 6:00 PM G.11 Packet Pg. 244 01247.0001/763022.1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ADOPTING GUIDELINES ON THE FILLING OF VACANCIES ON THE CITY COUNCIL WHEREAS, Government Code Section 36512(b) provides that, in the event of a vacancy on the City Council, the City Council “… shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy”; and WHEREAS, the City Council prefers to fill vacancies in its membership by appointment and, therefore, the guidelines attached hereto, and incorporated herein by this reference, as Exhibit A were prepared (“Guidelines”); and WHEREAS, the City Council desires to adopt the Guidelines so that will enable it to fill vacancies effectively and efficiently in its membership; and WHEREAS, the Guidelines are not intended to be restrictive and the City Council may otherwise act in a manner that conflicts with the Guidelines but is consistent with applicable law; WHEREAS, the CIty Council intends that, to the extent the Guidelines conflict with general law, general law shall govern; WHEREAS, based upon the forgoing, the City Council therefore desires to adopt the Guidelines. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace, as follows: Section 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference. Section 2. The Guidelines are hereby adopted in substantially the form as attached hereto and incorporated herein by this reference as Exhibit A. Section 3. The City Attorney is authorized to make such non-substantive or technical changes to the Guidelines as may be required to ensure that the Guidelines are consistent with applicable law. Section 4. The City Manager is authorized to take all actions necessary and appropriate to implement the Guidelines. Section 5. This Resolution shall immediately take effect upon passage. PASSED, APPROVED and ORDERED by the City Council of the City of Grand Terrace, California at a regular meeting held on the 8th day of February, 2022. G.11.a Packet Pg. 245 At t a c h m e n t : G T R e s o l u t i o n - V a c a n c y F i l l i n g G u i d e l i n e s ( G u i d e l i n e s f o r F i l l i n g C i t y C o u n c i l V a c a n c i e s b y A p p o i n t m e n t ) 01247.0001/763022.1 Darcy McNaboe Mayor ATTEST: ________________________________ Debra Thomas City Clerk APPROVED AS TO FORM: Adrian R. Guerra City Attorney G.11.a Packet Pg. 246 At t a c h m e n t : G T R e s o l u t i o n - V a c a n c y F i l l i n g G u i d e l i n e s ( G u i d e l i n e s f o r F i l l i n g C i t y C o u n c i l V a c a n c i e s b y A p p o i n t m e n t ) 01247.0001/763022.1 EXHIBIT “A” Guidelines for Filling City Council Vacancies by Appointment I. Purpose and Limitations The purpose of these guidelines is to provide general guidelines on filling City Council vacancies by appointment. These guidelines are not intended to be restrictive and shall not be interpreted as restricting the City Council’s authority to otherwise act pursuant to law. As such, these guidelines are only intended to express the City Council’s preference to fill a vacancy by appointment and, therefore, the City Council may act in a manner that is in conflict with these guidelines, provided that such acts are consistent with applicable law. To the extent that there is a conflict between these guidelines and general law, general law shall govern. II. 60-Day Deadline Under General Law In relevant part, Government Code Section 34512(b) provides that “ If a vacancy occurs in an elective office provided for in this chapter, the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy.” Thus, the City Council must either fill a vacancy or call a special election within 60 days. III. General Procedures A. Initial Meeting: Within 7 days of the commencement of the vacancy, a regular or special meeting of the City Council shall be scheduled for the purposes of filling the vacancy and to provide direction to staff on seeking applications from candidates to fill the vacancy or to provide such other direction as may be appropriate, including, but not limited to, direction consistent with Government Code Section 34512. If the City Council determines to fill the vacancy by appointment, then the City Council will proceed to the steps outlined in Section III(B). B. Filling By Appointment 1. First Meeting – Interview Selection: Within 15 days of holding the Initial Meeting, a regular or special meeting of the City Council shall be scheduled so that the City Council may consider and select potential candidates to be interviewed. 2. Second Meeting – Candidate Interviews: Within 15 days of the First Meeting, a regular or special meeting of the City Council shall be scheduled so that the City Council may interview potential candidates. 3. Third Meeting – Candidate Appointment: Within 15 days of the Second Meeting, a regular or special meeting of the City Council shall be scheduled so that the City Council may appoint an individual from the interviewed candidates to fill the City Council vacancy. G.11.a Packet Pg. 247 At t a c h m e n t : G T R e s o l u t i o n - V a c a n c y F i l l i n g G u i d e l i n e s ( G u i d e l i n e s f o r F i l l i n g C i t y C o u n c i l V a c a n c i e s b y A p p o i n t m e n t ) 01247.0001/763022.1 C. Special Election: In the event that the City Council does not fill the vacancy by appointment, then a regular or special meeting of the City Council shall be called prior to the 60th day from the commencement of the vacancy for the purpose of calling a special election to fill such vacancy in a manner consistent with Government Code Section 34512. D. Adjustments. The timelines provided herein may be extended or shortened by the City Council, provided that such timelines may not be extended in violation of Government Code Section 36512. Further, the City Council may schedule additional meetings as needed, provided that the meetings do not conflict with timelines provided under Government Code Section 36512. E. Multiple Vacancies. In the case of multiple vacancies on the City Council, the procedure described above may be run concurrently for each vacancy and may be adjusted as necessary to ensure compliance with Government Code Section 36512. IV. Appointment Criteria Government Code Section 34512 does not provide criteria for filling a City Council vacancy by appointment. As such, the following is a list of suggested criteria: A. The individual’s availability to serve as a Council Member in light of other commitments, such as a job. B. The individual’s knowledge and experience with current City issues and governance. C. The individual’s level of community engagement, such as participation in community organizations. D. The individual’s level of civic engagement, such as participation on City committees, commissions, and boards. E. The individual’s goals and objectives if appointed as a City Council member. F. Whether the individual sought a seat on the City Council at the last regular election and, if so, the number of votes the individual received. G.11.a Packet Pg. 248 At t a c h m e n t : G T R e s o l u t i o n - V a c a n c y F i l l i n g G u i d e l i n e s ( G u i d e l i n e s f o r F i l l i n g C i t y C o u n c i l V a c a n c i e s b y A p p o i n t m e n t ) CITY OF GRAND TERRACE CITY COUNCIL AND CITY COUNCIL AS THE HOUSING AUTHORITY MINUTES ● JANUARY 25, 2022 Council Chamber Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace ATTACHMENTS TO January 25, 2022 City Council Minutes PowerPoint Presentations Senate Bill 9 JANUARY 25, 2022 CITY COUNCIL MEETING Adopt an Urgency Ordinance Establishing Objective Standards for Implementation of Senate Bill No. 9 Pertaining to Urban Lot Splits and Two-Unit Developments. Initiate regular code amendment proceedings to amend Title 17 –Subdivisions and Title 18 –Zoning establishing regulations for Urban Lot Split and Two Unit Developments, and to revise the City’s Regulations of Accessory Dwelling Units. 2030 Vision Statement Goal 3 to Promote Economic Development by updating zoning and development code in preparation for future development, and to preserve and protect our community and its exceptional quality of life though thoughtful planning. Senate Bill No. 9 SB 9 was signed on September 16, 2021 The bill became effective on January 1, 2022 For Projects that meet the SB 9 criteria, local agencies are required to allow ministerial approval: •Developments proposing up to two primary dwelling units per parcel in a single-family residential zone. •This bill also requires ministerial approval of 2-lot subdivision in a single-family residential zone and allows up to two units to be built on each resulting parcel. •SB 9 authorizes cities to establish objective standards to govern these units and lot splits, as long as they do not conflict with state law. SB 9 Qualifying Criteria Where are SB 9 projects allowed? The lot must be located within a city in an urbanized area or urban cluster. The lot must be located within a single-family residential zone: •RH-Hillside Residential •R1-20-Very Low-Density Single Family Residential •R1-10-Low Density Sigle Family Residential •R1-7.2-Single Family Residential SB 9 Qualifying Criteria: SB 9 does not apply to land located in a historic district SB 9 does not apply to parcels located: •on earthquake fault zones •wetlands •high fire severity zones •hazardous waste sites •flood hazard areas •protected farmland •habitat for protected species, or land under a conservation easement Where are SB 9 projects prohibited? Developments cannot involve the demolition or alteration of the following types of housing: Deed restricted affordable housing Rent-controlled housing Housing occupied by a tenant in the last three years SB 9 Rental Restrictions Ordinance RequirementsSecond Units and Two-Unit Development No larger than 800 square feet Maximum16 feet in height One off-street parking space is required per unit, with some exceptions No setback beyond the setback of an existing structure is required 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 setback at least 4 feet from the side and rear lot lines Ordinance Requirements Second Units and Two-Unit Development Units cannot be rented for less than 31 days Units may only be rented to low-income households at an affordable rent for a minimum of 55 years Inspection to existing sewer lines or septic tanks is required The Ordinance standards are applicable unless they prevent the construction of up to two units that are 800 square feet each. Ordinance Requirements Urban Lot Split Subdivision Lots shall be 1,200 square feet minimum No resulting parcel shall be smaller than 40% of the lot area of the original parcel No more than two units are permitted on any parcel created by a lot split including accessory dwelling units A lot split parcel must have at least one existing residence No split will be permitted on vacant lots Only residential uses are allowed Ordinance Requirements Lot Split Subdivision Easements must be dedicated for: public services and facilities access to public right-of-way The owner of the parcel must sign an affidavit stating their intent to live on one of the resulting parcels for a minimum of three years after approval of the lot split. Urban lot splits must comply with all other requirements for lot split under the municipal code unless they conflict with the specific requirements of the ordinance. Ordinance RequirementsLimited Ability to Reject 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 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. Fiscal Impact There will be no expenditure on the part of the City to adopt this Ordinance. The cost to administer the Ordinance will be recovered in part through the 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. Recommendation Adopt 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”; and 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). Senate Bill 9 Questions ? Planning Commission Professional Services Agreement Between the City of Grand Terrace and Interwest Consulting Group January 25, 2022 2030 Vision Goals 1.Ensure Our Fiscal Viability -Commit to a Balanced Budget-Identify Additional Revenue Sources-Review Expenditures and Seek Savings-Explore Creative Means to Provide Services-Ensure Appropriate Cost Recovery for 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 •On June 13,2017,the City Council approved a contract with Interwest Consulting Group for building/public works plan checking and inspection services. Background •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. •On September 20,2021,the Building Official position was filled in-house by city staff. Agreement •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.The contract expired last year on October 13,2021. •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. Recommendation •Staff requests that the 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. Planning Commission Professional Services Agreement Between the City of Grand Terrace and Interwest Consulting Group January 25, 2022