06/28/2022CITY OF GRAND TERRACE
CITY COUNCIL
AGENDA ● JUNE 28, 2022
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
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: 858 9854 4454
Password: 633401
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 June 28, 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
Certificate of Commendation – Anessa “Nessi” Campos, US Deaf Women’s National
Soccer Team
C. 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.
D. NEW BUSINESS
1. Appoint Three (3) Planning Commission Members to Fill Three (3) New Four-Year
Terms Expired June 30, 2022
RECOMMENDATION:
Conduct Planning Commission Interviews and Make Appointments
DEPARTMENT: CITY CLERK
Agenda Grand Terrace City Council June 28, 2022
City of Grand Terrace Page 3
E. 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.
2. Approval of Minutes – Regular Meeting – 06/14/2022
DEPARTMENT: CITY CLERK
3. City Department Monthly Activity Report - April 2022
RECOMMENDATION:
Receive and file.
DEPARTMENT: CITY MANAGER
4. Adopt the Revised Special Event Ordinance to the Grand Terrace Municipal Code
(GTMC) 8.50
RECOMMENDATION:
That the City Council Adopt the Revised Special Event Ordinance to the Grand Terrace
Municipal Code (GTMC) 8.50
DEPARTMENT: CITY MANAGER
5. Commitment of Fund Balance for Fiscal Year 2021-2022 in Accordance with
Governmental Accounting Standards Board Statement No. 54 and City Reserves Policy
No. 3.06
RECOMMENDATION:
Adopt a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, COMMITTING FUND BALANCE FOR FISCAL YEAR 2021-
22 IN ACCORDANCE WITH GOVERNMENTAL ACCOUNTING STANDARDS
BOARD STATEMENT 54 AND CITY RESERVES POLICY NO. 3.06
DEPARTMENT: FINANCE
6. Funding Agreement Between Omnitrans and the City of Grand Terrace for Measure "I"
Funds for the City's Senior Transportation Program;
RECOMMENDATION:
1. Approve the Two-Year Contract with Omnitrans for the following:
a. A not to exceed amount of $173,703 in operating expenses, with an annual not to
exceed amount of $86,965 in Fiscal Year 2022-23, and $86,738 in Fiscal 2023-
24; and
b. A not to exceed amount of $46,800 in capital expenses, with an annual not to
exceed amount of $46,800 in Fiscal Year 2022-23,
2. Direct the City Manager to execute the agreement subject to the City Attorney
approval as to form.
DEPARTMENT: CITY MANAGER
Agenda Grand Terrace City Council June 28, 2022
City of Grand Terrace Page 4
7. Amendment No. 9 to the Waste Disposal Agreement Between the City of Grand Terrace
and the County of San Bernardino
RECOMMENDATION:
1) Adopt a RESOLUTION OF THE CITY OF GRAND TERRACE, CALIFORNIA,
ADOPTING AMENDMENT NO. 9, TO THE WASTE DISPOSAL AGREEMENT
BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF GRAND
TERRACE; and
2) Authorize the Mayor to Sign the Amendment No. 9 subject to City Attorney approval
as to form.
DEPARTMENT: PUBLIC WORKS
8. Award of Contract for the Capital Improvement Project (CIP 2022-1)
RECOMMENDATION:
Staff recommends that the City Council take the following actions:
1. Find that the Capital Improvement Project (CIP 2022-1) is categorically exempt
from the California Environmental Quality Act (CEQA) pursuant to CEQA
Regulations Section 15301(c) and authorize the preparation and filing of a Notice of
Exemption as applicable.
2 Award the Capital Improvement Project (CIP 2022-1) to Hardy & Harper, Inc. on the
Base Bid only and approve the public works agreement with Hardy & Harper, Inc. in
the amount of $570,000, plus a 10% contingency ($57,000) for the construction of
the Capital Improvement Project (CIP 2022-1) and authorize the City Manager to
execute the agreement subject to City Attorney approval as to form;
3 Award a contract to Willdan for Inspection Services for 2021-22 Capital
Improvement Project (CIP 2022-1) in the amount of $30,240, plus a 10%
contingency ($3,024), and authorize the City Manager to execute the agreement
subject to City Attorney approval as to form.
DEPARTMENT: PUBLIC WORKS
F. PUBLIC HEARINGS - NONE
G. UNFINISHED BUSINESS - NONE
H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE
I. CITY COUNCIL COMMUNICATIONS
Council Member Jeff Allen
Agenda Grand Terrace City Council June 28, 2022
City of Grand Terrace Page 5
Council Member Doug Wilson
Council Member Sylvia Robles
Mayor Pro Tem Bill Hussey
Mayor Darcy McNaboe
J. CITY MANAGER COMMUNICATIONS
K. RECESS TO CLOSED SESSION
CLOSED SESSION
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government
Code Section 54957(b)(1)
TITLE: City Attorney
RECONVENE TO OPEN SESSION
REPORT OUT OF CLOSED SESSION
L. ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, July 12, 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.
AGENDA REPORT
MEETING DATE: June 28, 2022 Council Item
TITLE: Appoint Three (3) Planning Commission Members to Fill
Three (3) New Four-Year Terms Expired June 30, 2022
PRESENTED BY: Debra Thomas, City Clerk
RECOMMENDATION: Conduct Planning Commission Interviews and Make
Appointments
2030 VISION STATEMENT
This action supports Our Mission: To preserve and protect our community and its
exceptional quality of life through thoughtful planning, within the constraints of fiscally
responsible government.
BACKGROUND:
The Planning Commission is a five-member Board appointed by the City Council and
serve four-year terms at the pleasure of the City Council (Municipal Code Chapter 2.16).
The terms alternate so that every two (2) years at least two (2) appointments are set to
expire.
At the end of the 2021-22 fiscal year, Former Commissioner McConnell (resigned April
1, 2022), Former Vice-Chairman Briggs (resigned February 3, 2022), and Chairman
Giroux’s terms expired.
The Table below depicts the current composition and terms of the Commission:
Name Appointed Re-Appointed Term Ends
Chairman Edward Giroux 06/10/2014 07/10/2018 06/30/2022
Vacant * -- 06/30/2022
Commissioner Tara Ceseña 06/10/2014 06/02/2016 06/30/2024
Vacant * -- 06/30/2022
Commissioner David Alaniz 02/25/2020 -- 06/30/2024
*Commissioners resigned effective February 3, 2022, and April 1, 2022, respectively.
Commission members are eligible to seek reappointment to the Planning Commission.
DISCUSSION:
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On February 28, 2022, and April 13, 2022, staff advertised for the two (2) expiring terms
as the result of resignations and again on May 15, 2022, for three (3) expiring terms as
the result of a total of three (3) expiring terms on the Planning Commission. Those
advertisements ran bi-weekly from February 28, 2022, through May 15, 2022. As a
result, six (6) applications were received which have been attached to this report. The
applicants are as follows:
1. Aron Chad Burian
2. Brian Roy Phelps
3. Edward Giroux (reapplying)
4. Michelle Norris
5. Scot Mathis
6. Vincent Rasso
The appointment process will proceed as follows:
• Draw applicant names to determine the order of interview
• Staff provides City Council with questions to ask each applicant
• Staff provides City Council with ballot listing names of applicants
• Interview each applicant one-by-one, with the first interview beginning with the
first name drawn while the remaining applicants are sequestered in the
Community Room
• After interviews are complete, City Council select their top three (3) applicants for
appointment via a ballot process
• Upon completion, Staff collects the ballots from the dais and reads aloud how
each Council Member voted and the applicants receiving the majority votes are
appointed.
FISCAL IMPACT:
There would be no additional fiscal impact created by this action. Planning
Commissioners are paid a stipend of $50.00 a month for attendance at a minimum of
one meeting, which would continue with the new appointments.
D.1
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ATTACHMENTS:
• Aron Chad Burian_Redacted (PDF)
• Brian Roy Phelps_Redacted (PDF)
• Edward Giroux_Redacted (PDF)
• Michelle Norris_Redacted (PDF)
• Scot Mathis_Redacted (PDF)
APPROVALS:
Debra Thomas Completed 06/21/2022 3:04 PM
Finance Completed 06/21/2022 3:23 PM
City Manager Completed 06/21/2022 4:43 PM
City Council Pending 06/28/2022 6:00 PM
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CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES ● JUNE 14, 2022
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
CALL TO ORDER
Mayor Darcy McNaboe convened the Regular Meeting of the City Council for Tuesday,
June 14, 2022, at 6:00 p.m.
INVOCATION
Mayor Pro Tem Bill Hussey gave the Invocation.
PLEDGE OF ALLEGIANCE
Council Member Jeff Allen led the Pledge of Allegiance.
Attendee Name Title Status Arrived
Darcy McNaboe Mayor Present
Bill Hussey Mayor Pro Tem Present
Sylvia Robles Council Member Present
Doug Wilson Council Member Present
Jeff Allen Council Member Present
Konrad Bolowich City Manager Present
Adrian Guerra City Attorney Present
Debra Thomas City Clerk Present
Terry Shea Interim Finance Director Present
A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA
B. SPECIAL PRESENTATIONS
Debra Thomas, City Clerk introduced Lanita Perez, new Department Secretary for the
City of Grand Terrace.
E.2
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Minutes Grand Terrace City Council June 14, 2022
City of Grand Terrace Page 2
C. CONSENT CALENDAR
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Hussey, Mayor Pro Tem
SECONDER: Jeff Allen, Council Member
AYES: McNaboe, Hussey, Robles, Wilson, Allen
1. Waive Full Reading of Ordinances on Agenda
2. Approval of Minutes – Regular Meeting – 05/24/2022
APPROVE THE REGULAR MEETING MINUTES OF MAY 24, 2022
4. Letter of Support for the Community Assistance, Recovery and Empowerment Court
Concept (CARE Court)
THAT THE CITY COUNCIL CONSIDER ITS SUPPORT FOR THE COMMUNITY
ASSISTANCE, RECOVERY AND EMPOWERMENT COURT AND AUTHORIZE THE
MAYOR TO SIGN THE LETTER OF SUPPORT ON BEHALF OF THE CITY COUNCIL
Agenda Item C.3 pulled for discussion
3. Approval of the April-2022 Check Register in the Amount of $422,580.52
Mayor Pro Tem Bill Hussey pulled Agenda Item C.3, Approval of the April-2022 Check
Register in the Amount of $422,580.52 for discussion.
APPROVE THE CHECK REGISTER NO. 04302022 IN THE AMOUNT OF $422,580.52
AS SUBMITTED, FOR THE MONTH ENDING APRIL 30, 2022.
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Hussey, Mayor Pro Tem
SECONDER: Jeff Allen, Council Member
AYES: McNaboe, Hussey, Robles, Wilson, Allen
D. PUBLIC COMMENT
Bobbie Forbes, Grand Terrace requested that the City would produce an idea to legally
allow her to put up lost and found signs for animals. Ms. Forbes expressed her
concerns regarding 22300 Barton Road and what she believes to be an unsafe
condition.
E. PUBLIC HEARINGS - NONE
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Minutes Grand Terrace City Council June 14, 2022
City of Grand Terrace Page 3
F. UNFINISHED BUSINESS
5. Adoption of the Fiscal Year 2022-23 Budget
Konrad Bolowich, City Manager gave the staff report and PowerPoint presentation for
this item.
PUBLIC COMMENT
Bobbie Forbes, Grand Terrace expressed appreciation that the City is hiring more staff
and she requested that City staff support and work with the community.
1. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, ADOPTING THE ANNUAL BUDGET FOR FISCAL
YEAR 2022-2023.
RESULT: APPROVED [UNANIMOUS]
MOVER: Sylvia Robles, Council Member
SECONDER: Jeff Allen, Council Member
AYES: McNaboe, Hussey, Robles, Wilson, Allen
G. NEW BUSINESS
6. Revised Special Events Ordinance
Konrad Bolowich, City Manager gave the staff report and PowerPoint presentation for
this item.
THAT THE CITY COUNCIL RESCIND THE EXISTING GRAND TERRACE
MUNICIPAL CODE (GTMC) 8.50 SPECIAL EVENTS AND ADOPT THE REVISED
CODE TO THE GRAND TERRACE MUNICIPAL CODE (GTMC) 8.50
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeff Allen, Council Member
SECONDER: Bill Hussey, Mayor Pro Tem
AYES: McNaboe, Hussey, Robles, Wilson, Allen
7. Discussion Regarding the City's Unfunded Pension & OPEB Liabilities
Terry Shea, Interim Finance Director gave the staff report and PowerPoint presentation
for this item.
RECEIVE DIRECTION FOR WAYS TO ADDRESS THE CITY'S UNFUNDED
PENSION & OPEB LIABILITIES.
RESULT: PROVIDE DIRECTION TO STAFF
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Minutes Grand Terrace City Council June 14, 2022
City of Grand Terrace Page 4
8. Consideration of Entering into an Agreement with Multi-Bank Securities, Inc. & Opening
a Custodial Agreement with Pershing LLC
Terry Shea, Interim Finance Director gave the staff report for this item.
IT IS RECOMMENDED THE CITY COUNCIL AUTHORIZE THE INTERIM FINANCE
DIRECTOR TO PURCHASE NEGOTIABLE CERTIFICATES OF DEPOSITS AND
OTHER AUTHORIZED INVESTMENTS FROM MULTI-BANK SECURITIES AND
OPEN A CUSTODIAL ACCOUNT WITH PERSHING LLC. THE AUTHORIZED
SIGNERS ON THE ACCOUNT WOULD BE THE CITY MANAGER KONRAD
BOLOWICH AND INTERIM FINANCE DIRECTOR TERRY SHEA.
RESULT: APPROVED [UNANIMOUS]
MOVER: Doug Wilson, Council Member
SECONDER: Sylvia Robles, Council Member
AYES: McNaboe, Hussey, Robles, Wilson, Allen
9. Approval of Annual Appropriations Limit for Fiscal Year 2022-23, Including Adoption of
the Price Factor and Population Change Factor for the Appropriations Limit Calculation
Terry Shea, Interim Finance Director gave the staff report and PowerPoint presentation
for this item.
(1) APPROVE THE SELECTION OF THE CHANGE IN PER CAPITA PERSONAL
INCOME OF 7.55% AS THE PRICE FACTOR FOR THE FISCAL YEAR 2022-23
APPROPRIATIONS LIMIT CALCULATION; AND
(2) APPROVE THE SELECTION OF THE CHANGE IN COUNTY OF SAN
BERNARDINO POPULATION OF 0.14% AS THE POPULATION CHANGE
FACTOR FOR THE FISCAL YEAR 2022-2023 APPROPRIATIONS LIMIT
CALCULATION; AND
(3) ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, ESTABLISHING THE APPROPRIATIONS LIMIT FOR
FISCAL YEAR 2022-23, INCLUDING ADOPTION OF THE PRICE FACTOR AND
POPULATION CHANGE FACTOR FOR THE APPROPRIATIONS LIMIT
CALCULATION
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeff Allen, Council Member
SECONDER: Bill Hussey, Mayor Pro Tem
AYES: McNaboe, Hussey, Robles, Wilson, Allen
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Minutes Grand Terrace City Council June 14, 2022
City of Grand Terrace Page 5
10. Approval of Amendment No. 2 to the Professional Services Agreement for Interim
Finance Director and Administration Services with Rogers, Anderson, Malody and Scott,
LLP
Konrad Bolowich, City Manager gave the staff report for this agenda item.
1. APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES
AGREEMENT FOR INTERIM FINANCE DIRECTOR AND ADMINISTRATION
SERVICES WITH ROGERS, ANDERSON, MALODY AND SCOTT, LLP, WHICH
INCREASES THE CONTRACT SUM BY $60,000 FOR A TOTAL CONTRACT SUM
OF $277,500.
2. AUTHORIZE THE MAYOR TO EXECUTE AMENDMENT NO. 2, SUBJECT TO
THE CITY ATTORNEY’S APPROVAL AS TO FORM.
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeff Allen, Council Member
SECONDER: Bill Hussey, Mayor Pro Tem
AYES: McNaboe, Hussey, Robles, Wilson, Allen
H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE
I. CITY COUNCIL COMMUNICATIONS
Council Member Jeff Allen
Nothing to Report.
Council Member Doug Wilson
On June 8, 2022, Council Member Doug Wilson participated in an interview with a
representative from the Grand Terrace High School “Teens for Change” group to
discuss its mission.
Council Member Sylvia Robles
On May 30, 2022, Council Member Sylvia Robles attended the Memorial Day event
held at Veteran’s Freedom Park hosted by the Veteran’s Wall of Freedom committee.
Mayor Pro Tem Bill Hussey
Mayor Pro Tem Bill Hussey attended a Memorial Day event held in South Carolina.
Mayor Darcy McNaboe
Mayor Darcy McNaboe attended the Memorial Day Event hosted by the Veteran’s Wall
of Freedom Committee, Grand Terrace Community Days and participated in an
interview with a representative from the Grand Terrace high School “Teens for Change”
group to discuss its mission. Mayor McNaboe also attended meetings with Omnitrans
and SBCTA to discuss budgets.
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Minutes Grand Terrace City Council June 14, 2022
City of Grand Terrace Page 6
J. CITY MANAGER COMMUNICATIONS
Konrad Bolowich, City Manager announced the following:
• City Manager’s TAC group is discussed the sunsetting of Measure I
• Update on the City of Grand Terrace’s Vaccination Clinic
• June 28, 2022, San Bernardino County Department of Health’s COVID-19
Vaccination Clinic
• July 19, 2022, San Bernardino County Department of Health’s COVID-19
Vaccination Clinic
K. CLOSED SESSION - NONE
L. ADJOURN
Mayor Darcy McNaboe adjourned the Regular Meeting of the City Council in memory of
Grand Terrace resident, Leroy Parker at 7:40 p.m. The Next Regular Meeting of the City
Council will be held on Tuesday, June 2, 2022, at 6:00 p.m.
_________________________________
Darcy McNaboe, Mayor
_________________________________
Debra Thomas, City Clerk
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AGENDA REPORT
MEETING DATE: June 28, 2022 Council Item
TITLE: City Department Monthly Activity Report - April 2022
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: Receive and file.
2030 VISION STATEMENT:
This staff report identifies the monthly tasks associated with the delivery of projects to
support City Council’s Goals 1) Ensure Our Fiscal Viability - Explore Creative Means to
Provide Services and 4) Develop and Implement Successful Partnerships - Work with
Local, Regional and State Agencies to secure Funding for Programs and Projects.
BACKGROUND:
The City Council of Grand Terrace established a 2030 Vision for the City of Grand
Terrace and followed up with a 2014-2020 Strategic Plan. The Strategic Plan is a
roadmap to ensure that the City remains on target and reaches its overall goals. The
2030 Vision and Strategic Plan will be achieved as staff accomplishes tasks and
projects that are aligned with the 2030 Vision goals. The goals include:
• Ensure Our Fiscal Viability
• Maintain Public Safety
• Promote Economic Development
• Develop and Implement Successful Partnerships
• Engage in Proactive Communications
DISCUSSION:
This Monthly report includes April 2022 data for each department in the City. The
number of projects and activities reported do not reflect everything staff is doing but
rather highlights things they have worked on in the past month which may be of interest
to City Council and the public. This report is updated monthly and posted to the City’s
website on the fourth week of each month.
FISCAL IMPACT:
The Monthly report has no fiscal impact. The monthly reports do not provide budgetary
status. The Finance Department will continue to produce individual monthly financial
reports which are separate from the Department monthly reports.
ATTACHMENTS:
• City Manager Apil 2022 Report [Final] (PDF)
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APPROVALS:
Konrad Bolowich Completed 06/22/2022 11:12 AM
City Manager Completed 06/22/2022 11:46 AM
City Council Pending 06/28/2022 6:00 PM
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MONTHLY REPORT
April 2022
PRESENTED BY
THE CITY MANAGER’S OFFICE
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Organizational Chart .........................................................................................1
City Clerk ...........................................................................................................2
Committee/Commissions ........................................................................7
City Manager .....................................................................................................8
Senior Center ....................................................................................... 12
Senior Bus Program ............................................................................. 15
Communications ................................................................................... 20
Planning and Development ............................................................................ 24
Code Enforcement ............................................................................... 31
Weekend Code ..................................................................................... 33
Parking/Graffiti ...................................................................................... 33
Animal Control ...................................................................................... 36
Public Works .................................................................................... Unavailable
Engineering Division ............................................................... Unavailable
Maintenance ........................................................................... Unavailable
Park Maintenance .................................................................. Unavailable
Burrtec Waste Generation Report .......................................... Unavailable
Public Works Administration ................................................... Unavailable
Sheriff’s Contract ............................................................................................ 42
Law Enforcement Services ................................................................... 43
San Bernardino County Fire ........................................................................... 45
Emergency Management Services ...................................................... 46
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CITY MANAGER
Organization Chart
City Manager
City Clerk Planning & Development Public Works Finance Public Safety
Agenda Processing Land Use Planning Engineering Accounting Fire District
Elections Planning Commission NPDES Budgeting & Purchasing Law Enforcement
Records
Management Building & Safety Storm Drain
Maintenance Payroll
FPPC Filings Code Enforcement
Facilities
Maintenance Treasury
Public Records Enforcement Program
Parks Maintenance
Senior Bus Program
1
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City of Grand Terrace City Clerk’s Department
.
DATE: June 28, 2022
TO: City Manager’s Office
FROM: Debra Thomas, City Clerk
City Clerk’s Office
SUBJECT:
APRIL CITY CLERK MONTHLY REPORT
This monthly report is presented to the City Manager to keep him informed of the activities and
responsibilities within the City Clerk’s Department over the last six (6) months.
The City Clerk’s Office is staffed with one position that includes the City Clerk. The primary
responsibilities for this department are Council Support Services, Records Management,
Administrative Processing, Board Administration and Election Services. Each of these functions
require a collaborative effort between the department staff to ensure that all components within
the process are completed from origin to file. As the official records manager for all City
documents it is imperative that this process be accurate to ensure the preservation of the City’s
history.
AGENDAS/POSTINGS
The City Clerk is responsible for preparing agendas and postings for all City Council Regular
and Special Meetings, as well as for the Housing Authority and Successor Agency to the
Community Redevelopment Agency.
The total number of agendas processed for the month of April 2022 are three (3), spending a
total of twenty-four (24) hours preparing the agenda packet producing 616 pages.
AGENDA PROCESSING/POSTING
MONTH Regular Meeting Special Meeting Totals
November 1 1 2
December 1 1 2
January 2 0 2
February 2 1 3
March 2 0 2
April 2 1 3
Total Processed 10 4 14
3
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RESOLUTIONS & ORDINANCES
The City Clerk is responsible for the security of all official City records including Resolutions.
Additionally, it is the City Clerk’s responsibility to ensure those Resolutions are executed,
certified, and published, when appropriate.
It is also the responsibility of the City Clerk to ensure all City Council Ordinances presented to
Council have been certified and made available for review by the public. The City Clerk must
coordinate with the local adjudicated newspaper to publish Ordinance summaries for its first and
second readings.
The number of Resolutions processed for the month of April is three (3). There were no
ordinances processed.
RESOLUTIONS AND ORDINANCES PROCESSED
RESOLUTIONS ORDINANCES MONTHLY
TOTALS
November 1 1 2
December 5 0 5
January 7 1 8
February 5 0 5
March 4 0 4
April 3 0 3
Total Processed 24 2 26
RECOGNITION ACTIVITY
Its purpose is to recognize individuals, groups, and events of significance to the Grand Terrace
community by the issuance of Certificates, Recognition, Acknowledgment and Commendation
Pins. It is the responsibility of the City Clerk to ensure that all signatures of City Council are
obtained on the document, coordinate attendance at Council meetings for the individual, group,
or event representative to accept the recognition, as well as prepare Council with all necessary
information to present the recognition if presentation will be held at another venue.
There was seven (7) Certificates of Recognition and two Proclamations issued for the month of
April 2022.
Month Certificate of
Acknowledgment
w/Pin
Certificate of
Recognition
w/Pin
Commendation
w/Pin In Memoriam
Adjournments Certificate of
Participation Proclamation Total
November 0 7 0 0 0 1 8
December 0 0 0 0 0 0 0
January 0 43 0 0 0 1 44
February 0 0 0 0 0 0 0
March 0 0 1 1 0 1 3
April 0 7 0 0 0 2 10
Total 0 57 1 1 0 5 65
4
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CONTRACTS AND AGREEMENTS PROCESSED
The City Clerk works closely with the City Council and is responsible for processing follow-up
documentation. Management of these documents include contracts and agreements, and it is
the responsibility of the City Clerk to obtain signatures, distribute originals, log, scan, and file.
There were two (2) agreements processed for the month of April 2022.
CONTRACTS & AGREEMENTS PROCESSED
November 1
December 4
January 2
February 3
March 0
April 2
Total 12
RECORDS REQUESTS
The City Clerk’s office received twelve (12) Requests for Copies of Public Records for the
month of April 2022. Twelve (12) of these requests were completed within the Government
Code Section 6253(c)’s requirement of ten (10) calendar days. The total number of pages
provided in response to those requests were 44.
RECORDS REQUEST SUMMARY
Month
Requests
Received
Completed
Within 10
Days
Completed
with 14-Day
Extension
# of
Pages
Provided
Letter to
Requestor
– No
Records
November 6 6 0 63 2
December 8 6 2 11,258 0
January 17 9 6 471 4
February 10 7 3 86 3
March 10 8 2 77 4
April 12 12 0 44 3
Total
Requests 63 48 13 11,999 16
5
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CUSTOMER SERVICE – TELEPHONE CALLS
The City Clerk is responsible for receiving and responding to inquiries and external customer
service requests, communicating, coordinating, and responding to internal department requests,
external agency cooperation and legislative bodies.
For the month of April 2022, the City Clerk’s office responded to 242 telephone calls from
residents, contractors, vendors, consultants, and in-house customer service assistance to City
staff.
TELEPHONE CUSTOMER SERVICE
November 290
December 311
January 352
February 288
March 242
April 236
Total Calls 1,719
HISTORICAL & CULTURAL COMMITTEE ACTIVITY
The Historical and Cultural Activities Committee preserves the history of Grand Terrace and
facilitates cultural activities for the benefit of all citizens in the City. The City Clerk serves as a
liaison facilitating communication between the committee and City Manager and City Council,
maintains the committee minutes of its proceedings and provides support for the Annual Art
Show, Country Fair and City Birthday Party.
Month Committee
Meeting
Emails
w/Committee
Members &
Vendors
Written
Correspondence
w/Committee
Members
Telephone
Calls with
Committee
Members
& Vendors
Art
Show/Country
Fair & City
Birthday Prep
& Attendance
Total
# of
Hours
November 1 .5 0 .25 0 1.75
December 1 .5 .5 .25 4.0 6.25
January 1 .5 .5 0 0 2
February 1 .5 .5 .5 0 2.5
March 1 .5 .5 .5 0 2.5
April 1 .5 .5 .5 0 2.5
TOTAL #
HOURS 6.0 3.0 2.5 2.0 4.0 17.50
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COMMITTEES/COMMISSIONS
The City Clerk is responsible for maintaining Appointed Committee/Commission Rosters and
ensuring that all information is current and up to date for each. Listed below are the number of
current Appointed City Committees/Commissions, including the number of alternates and
vacancies that may exist:
COMMITTEES/COMMISSIONS
# OF
MEMBERS
# OF
ALTERNATES
# OF
VACANCIES
Historical & Cultural Activities
Committee 6 0 1
Planning Commission 4 0 1
Parks & Recreation Committee 5 0 0
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DATE:
June 28, 2022
TO: Konrad Bolowich, City Manager
City Manager’s Office
FROM: Debra L. Thomas, City Clerk
SUBJECT: April-2022 Monthly Services Report
This monthly report is presented to the City Manager to keep the City Manager and Policy Makers
informed of the activities within the City Manager’s Office and programs administered by the office to
meet service demands. The tasks and projects identified within the monthly report represent programs
administered by the City Manager’s Office. The projects identified in this report do not represent the City
Manager’s Office’s larger policy and fiscal oversight. Reports on those issues are presented to the Council
in separate and distinct reports. The attached monthly report addresses the City Manager’s Office
administration of the following activities:
Human Resources
Senior Center
Finance (currently ACM is Acting Finance Director)
IT and Communications
OUR MISSION
To preserve and protect our community and its exceptional quality of life through thoughtful planning,
within the constraints of a fiscally responsible government.
OUR VISION
Grand Terrace is an exceptionally safe and well managed City, known for its natural beauty and
recreational opportunities; a vibrant and diverse local economy; a place where residents enjoy an
outstanding quality of life that fosters pride and an engaged community, encouraging families to come and
remain for generations.
9
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HUMAN RESOURCES
Mission:
It is the mission of human resources to support the organization in meeting its mission and goals through
one of its most valuable resources - its PEOPLE.
Values:
Develop
An attitude of teamwork and quality in our day-to-day operations and create an atmosphere that
fosters camaraderie, fellowships, challenges, and safety.
Increase
Participation in City and community activities while seeking knowledge, enthusiasm, and an
improved quality of life for ourselves, co-workers, and the community.
Respect
Team member values that may be different from our own and accept responsibility for
promoting ethical and legal conduct in personal and business practices.
Communicate
In a candid and fair manner with the diverse workforce from whom our City derives its
strength.
CORE SERVICES
1. Hiring the most qualified employees by: pre-planning staffing needs, ensuring an effective
internal interview process, conducting thorough reference checks.
2. Properly balancing the needs of the employees and the needs of the organization.
3. Ensuring a diverse workforce in a safe and discrimination/harassment free environment by:
maintaining compliance with employment laws and government regulations, providing
management and employee training, and developing policies and procedures.
4. Providing training and development in areas of: effective leadership and career development
of employees, and, employment law and government regulation.
5. Retaining our valued employees by: assuring effective leadership qualities in our managers;
furnishing technical, interpersonal and career development training and coaching; supplying
relevant feedback to management; and enhancing two-way communication between employees
and management.
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TABLE 1
Recruitment Activity
Description
Jul-
2021
Aug-
2021
Sept-
2021
Oct-
2021
Nov-
2021
Dec-
2021
Recruitments Initiated 3 0 2 0 0 1
Recruitments in Progress 3 1 1 3 1 1
Recruitments Pending 2 1 1 0 1 0
Applications Processed 129 0 49 35 0 0
New Hires Processed 2 0 4 4 0 0
Description
Jan-
2022
Feb-
2022
Mar-
2022
Apr-
2022
May-
2022
Jun-
2022
Recruitments Initiated 1 2 1 0
Recruitments in Progress 1 1 1 0
Recruitments Pending 1 1 1 0
Applications
Received/Processed
10 19 52 0
New Hires Processed 0 1 1 0
TABLE 2
Employee Job Performance Activity
Description
Jul-
2021
Aug-
2021
Sept
2021
Oct-
2021
Nov-
2021
Dec-
2021
Evaluations Processed 1 0 1 3 1 6
Description
Jan-
2022
Feb-
2022
Mar-
2022
Apr-
2022
May-
2022
Jun-
2022
Evaluations Processed 0 0 1 1
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SENIOR CENTER
Mission:
To provide recreational, educational, and social activities for the seniors in the community and to
enrich our seniors lives through friendship, activities, education, and nourishment.
Core Values:
Seniors are recognized as a valuable asset.
Seniors have the opportunity to contribute and expand their talents and knowledge.
Seniors strengthen our community and benefit personally by their involvement.
Seniors have access to a full spectrum of services, including social, emotional, educational, and
recreational opportunities appropriate to their unique needs and interests.
Seniors are treated respectfully and with dignity. Senior of all economic circumstances are served.
TABLE 1 - Senior Center Activities
Description
Jul-
2021
Aug-
2021
Sept-
2021
Oct-
2021
Nov-
2021
Dec-
2021
Nutrition Program (# of meals
served)
660 815 1,015 730 860 915
Homebound Meals 230 285 295 335 295 200
Bingo
Bridge
Bunco
Coffee with Megan
Exercise Classes
Garden Club
Morning Glories (quilting)
Movies with Solomon
Paint Classes
Card Game Night (Wednesday)
Zumba
Kings Corner
Cribbage
Cell Phone Class
Loteria
SPECIAL EVENTS
Monthly Birthday Celebration
Entertainment (2nd Fri. each mo.)
Volunteer Meeting
Hydration Station
Bus Pass Distribution
4th of July Party / Sept Pizza Party /
Health Screening
Christmas / Holiday Celebration
Monthly Summary Attendance (Accounts for a senior participating in any activity/program. One
senior may have participated in 2 or more programs, not including meals.)
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Description
*Jan
-2022
*Feb
2022
**Mar
-2022 Apr-
2022
May-
2022
Jun-
2022
Nutrition Program (# of meals
served)
795 670 910 820
Homebound Meals 285 270 260 370
Arts and Crafts Classes
Bingo
Bridge
Bunco
Coffee with Shari
Exercise Classes
Garden Club
Morning Glories (quilting)
Movies with Solomon
Paint Classes
Card Game Night (Wednesday)
Zumba
Kings Corner
Cribbage
Cell Phone Class
Loteria
SPECIAL EVENTS
Monthly Birthday Celebration
Entertainment (2nd Fri. each mo.)
Volunteer Meeting
Hydration Station
Bus Pass Distribution
4th of July Party / Sept Pizza Party
Health Screening
Monthly Summary Attendance (Accounts for a senior participating in any activity/program. One
senior may have participated in 2 or more programs, not including meals.)
** - Due to COVID-19, the Senior Center will only be providing limited meals.
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100
200
300
400
500
600
700
800
900
July August September October November December
660
815
1015
730
860 915
230
285 295 335 295
200
Senior Center (2021 -22)
July-2021 -December-2021
# of Meals Served Homebound Meals
0
100
200
300
400
500
600
700
800
900
January February March April May June
795
670
910
820
0 0
285 270 260
370
0 0
Senior Center (2021-22)
January-2022 -June-2022**
# of Meals Served Homebound Meals
** - Due to COVID-19, the Senior Center will only be providing limited meals.
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TABLE 2
Senior Center Blue Mountain Silver Liner
# of Passengers
Description
Jul-
2021
Aug-
2021
Sept-
2021
Oct-
2021
Nov-
2021
Dec-
2021
Within City Limits (Senior
Center, Stater Brothers,
Library)
324 441 407 209 373
213
Outside City Limits (Walmart,
99cent store, Ross)
0 0 0 0 0 0
Special Events/Trips 0 0 0 0 0 0
Description
Jan-
2022
Feb-
2022
Mar-
2022
Apr-
2022
May-
2022
Jun-
2022
Within City Limits (Senior
Center, Stater Brothers,
Library)
349 259 395 441 0 0
Outside City Limits (Walmart,
99cent store, Ross)
0 0 0 0 0 0
Special Events/Trips 0 0 0 0 0 0
TABLE 3
# of Rides
Description
Jul-
2021
Aug-
2021
Sept-
2021
Oct-
2021
Nov-
2021
Dec-
2021
Within City Limits (Senior
Center, Stater Brothers,
Library)
652 879 835 418 756 430
Outside City Limits (Walmart,
99cent store, Ross)
0 0 0 0 0 0
Special Events/Trips 0 0 0 0 0 0
Description
Jan-
2022
Feb-
2022
Mar-
2022
Apr-
2022
May-
2022
Jun-
2022
Within City Limits (Senior
Center, Stater Brothers,
Library)
716 533 754 887 0
0
Outside City Limits (Walmart,
99cent store, Ross)
0 0 0 0 0 0
Special Events/Trips 0 0 0 0 0 0
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100
150
200
250
300
July August September October November December
324 441 407
209
373
213
652 879 835 418 756 430
Senior Transportation
July-2021 -December-2021
# of Passengers # of Rides
200
250
300
January February March April May June
349
259
395 441716533754 887
Senior Transportation
January-2022 -June -2022
# of Passengers # of Rides
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Oc-17 7%5%
FINANCE
Mission:
To efficiently and effectively manage the City’s finances, preserve its assets by conforming to the highest
ethical standards, implement sound internal controls, and provide meaningful, timely, and accurate
financial reporting.
Values:
Transparency (Accessibility of Information):
The Finance Department will ensure openness, clarity and comprehensibility when providing
reliable, relevant, and timely financial information to the public.
Integrity (Reliability on Information Provided):
The Finance Department commits adherence to the highest ethical standards. The financial
services provided will be honest, fair, and unbiased.
Quality (Commitment to Excellence):
The Finance Department will deliver financial services expeditiously and provide valuable
support services to other departments and the community.
Teamwork (Mutual Respect and Cooperation):
The Finance Department will work together collaboratively with others, recognize the role and
contribution each person makes, and provide assistance as necessary to achieve the City’s 2030
Mission, Vision and Goals.
CORE SERVICES
The Finance Department has 4 core services: Accounting, Purchasing, Revenue Management and
Treasury. The Finance Department works in partnership with other departments to effectively develop,
manage and safeguard the City’s fiscal resources to enable and enhance the delivery of City services and
projects.
1. Disbursements – to facilitate timely and accurate payments of the City’s financial obligations
which includes vendor payments, employee and resident reimbursements, and payroll.
2. Financial Reporting – to provide accurate and meaningful reporting on the City’s
financial condition through the City’s monthly and annual financial reports.
3. Purchasing – to authorize the purchase of quality products in a cost-effective manner.
4. Revenue and Treasury Management – to bill and collect revenue while providing cost- effective
financing, investments, and cash collection of the City’s resources to enhance the City’s
financial condition.
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TABLE 1
Financial Activity
Description
Jul-
2021
Aug-
2021
Sept-
2021
Oct-
2021
Nov-
2021
Dec-
2021
Invoices Processed 165 124 145 136 120 163
164 Checks Issued 76 88 86 108 72 164
Purchase Orders Established 18 10 12 10 9 5
Revenue Receipts Recorded 22 31 45 57 47 23
Description
Jan-
2022
Feb-
2022
Mar-
2022
Apr-
2022
May-
2022
Jun-
2022
Invoices Processed 170 104 134 123
Checks Issued 143 126 97 79
Purchase Orders Established 7 8 3 2
Revenue Receipts Recorded 71 63 55 33
165
76
18 22
124
88
10
31
145
86
12
45
136
108
10
57
120
72
9
47
163 164
5
23
0
25
50
75
100
125
150
175
Invoices Processed Checks Issued P.Os Established Revenue Receipts Recorded
Financial Activity
Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21
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FINANCIAL REPORTS SUBMITTED TO CITY COUNCIL:
Monthly:
1. Check Register; and
2. General Fund Monthly Financial Report (revenues less expenditures).
Quarterly:
1. Business License Report; and
2. Treasurer’s Report (current cash flow and fund balance); and
3. 1st Quarter, Mid-Year and Year-end Financial Reports (General Fund).
Annual:
Audited Annual Financial Reports for the following:
1. City – all Funds;
2. Measure I – Fund 20;
3. Air Quality Management District (AQMD) – Fund 15; and
4. Housing Authority- Fund 52.
170
143
7
71
104
126
8
63
134
97
3
55
123
79
2
33
0
20
40
60
80
100
120
140
160
180
Invoices Processed Checks Issued P.Os Established Revenue Receipts Recorded
Financial Activity
Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22
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COMMUNICATIONS
Mission:
To develop, implement and provide comprehensive internal and external communications for the City
and its community.
Core Services:
Plan, organize and disseminate timely and accurate information and promote awareness of
City operations, services, programs, projects, events, and issues to the community.
Promote and provide positive and proactive media relations for the City. Disseminate news
materials in a timely manner.
Initiate and write press releases, public service announcements, articles, and websites for
media distribution.
Maintain and improve the City’s website for distributing mass media information under
various situations.
Channel 3: Jul Aug Sep Oct Nov Dec
City Council Meeting Replays 2 2 2 2 1 1
Activities/Items Added to Slideshow 0 0 0 0 0 0
Channel 3: Jan Feb Mar Apr May Jun
City Council Meeting Replays 2 2 2 2
Activities/Items Added to Slideshow 0 1 1 1
Eblast Jul Aug Sep Oct Nov Dec
Number of E-newsletters Distributed 3 4 1 2 1 0
Number of Subscribers 865 866 872 873 874 881
Change in Subscribers 35 1 6 1 1 7
Number of E-newsletters Opened* No Data No Data No Data No Data No Data No Data
Eblast Jan Feb Mar Apr May Jun
Number of E-newsletters Distributed 1 1 2 3
Number of Subscribers 885 886 888 900
Change in Subscribers 4 1 2 12
Number of E-newsletters Opened* No Data No Data No Data No Data No Data No Data
* New e-newsletter management system does not currently track emails opened.
2021-2022 City Communications Data:
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Facebook Jul Aug Sep Oct Nov Dec
Posts 3 4 0 8 3 2
Total Reach* 4,068 5,794 0 7,290 2,126 2,389
Total Engagement** 376 608 0 716 104 493
Page Followers 2,540 2541 2,560 2,583 2,601 2,603
New Page Followers 9 1 19 23 18 2
Facebook Jan Feb Mar Apr May Jun
Posts 5 6 3 8
Total Reach 11,590 14,896 1,297 6,626
Total Engagement 2,831 1,021 45 491
Page Followers 2,623 2,631 2,635 2,644
New Page Followers 20 8 4 9
* Reach refers to the number of unique people to have seen a post's content.
** Engagement refers to interactions with a post, such as post clicks, Likes, Comments or Shares.
5 Most Popular City Facebook Pages (By % of population) – San Bernardino County
% of
Pop.
1) Twentynine Palms 31.31%
2) Apple Valley 26.21%
3) Yucca Valley 25.28%
4) Grand Terrace 20.87%
5) Hesperia 16.43%
2,540 2,541 2,560 2,583 2,601 2,603 2,623 2,631 2,635 2,644
2,300
2,550
FACEBOOK PAGE FOLLOWERS
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Twitter Jul Aug Sep Oct Nov Dec
Tweets 0 0 0 0 0 0
Impressions 740 1,085 475 328 328 236
Followers 334 333 334 340 340 340
New Followers 3 -1 1 1 1 0
Twitter Jan Feb Mar Apr May Jun
Tweets 3 2 1 3
Impressions 499 1,184 456 860
Followers 343 343 343 342
New Followers 3 0 0 -1
YouTube Jul Aug Sep Oct Nov Dec
Video Uploads 2 2 2 2 1 1
Video Views 88 86 56 60 62 37
Subscribers 171 171 171 172 172 173
Change in Subscribers -1 0 0 1 0 1
YouTube Jan Feb Mar Apr May Jun
Video Uploads 2 2 2 2
Video Views 92 58 83 67
Subscribers 173 173 173 175
Change in Subscribers 0 0 0 2
*** Impressions refers to the number of times a tweet has been seen.
334 333 334 339 340 340 343 343 343 342
300
325
350
375
400
TWITTER PAGE FOLLOWERS
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City News Jul Aug Sep Oct Nov Dec
Articles 6 1 1 0 3 2
1/2-Page Ad 0 0 0 0 1 0
1/4-Page Ad 1 1 1 0 0 0
City News Jan Feb Mar Apr May Jun
Articles 2 2 5 3
1/2-Page Ad 0 0 0 0
1/4-Page Ad 1 2 7 5
AM 1640 Jul Aug Sep Oct Nov Dec
Advertisement of City Events 0 0 0 4 1 0
AM 1640 Jan Feb Mar Apr May Jun
Advertisement of City Events 0 1 1 1
Burrtec Newsletter Jul Aug Sep Oct Nov Dec
Bi-Monthly Newsletter 1 0 1 0 1 0
Burrtec Newsletter Jan Feb Mar Apr May Jun
Bi-Monthly Newsletter 1 0 1 0
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City of Grand Terrace Planning and Development Services Department
.
DATE: June 13, 2022
TO: Konrad Bolowich, City Manager
City Manager’s Office
FROM: Luis Gardea, Building Official
Planning and Development Services Department
SUBJECT: APRIL 2022 PLANNING AND DEVELOPMENT SERVICES MONTHLY
REPORT
This monthly report is presented to the City Manager to keep him informed of the activities
within the Planning and Development Services Department, comprised of Planning,
Building and Safety, Code Enforcement, and Animal Control.
OUR MISSION
To preserve and protect our community and its exceptional quality of life through thoughtful
planning, within the constraints of a fiscally responsible government.
OUR VISION
Grand Terrace is an exceptionally safe and well managed City, known for its natural beauty and
recreational opportunities; a vibrant and diverse local economy; a place where residents enjoy an
outstanding quality of life that fosters pride and an engaged community, encouraging families to
come and remain for generations.
BUILDING AND SAFETY DIVISION
Building and Safety and Planning Core Services
➢ Permit New Businesses ➢ Permit Alterations to Existing Uses ➢ Zoning Code & General Plan Administration ➢ RDA Dissolution ➢ Planning Commission ➢ Building Permit Issuance ➢ Building Plans Review & Inspections
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Planning and Development Services
Page 2 of 6
The Building and Safety Division is budgeted for one full time Permit Technician and one
full time Building Official. These two positions constitute up to 240 monthly service hours.
Additionally, the Department budgets for plan checking and inspection services through
a contract with Willdan Engineering. Inspection services are conducted on-call as needed
by staff. The cost of these services is offset through the collection of fees and deposits.
Activity Summary for Building and Safety
Building Permit Activity includes 26 permits issued in April. Year to date a total of 325
permits have been issued with a total revenue of $115,119.86. In addition, a total number
of 80 customers were assisted at the Building & Safety counter for the month of April.
Monthly Revenue Year to Date Revenue
$8,859.38 $115,119.86
Permits Issued
Permits issued in April include, HVAC replacements, re-roofs, block wall, and PV solar.
For the month of April, a precise grading and trash enclosure permit were issued for
Terrace Plaza located at 22200 Barton Road for a multitenant shopping center.
Additionally, a tenant improvement permit was issued for a new Aibeto’s restaurant
located at 22045 Barton Rd.
Permits that are currently in construction include 11731 Terrace Avenue which consists
of installing underground electrical for future lighting and site improvements for a
proposed trailer yard and community garden.
Permit Activity -April 2022
Applications recv'd (35)Permits issued (26)
Permits final (30)Business Occupancies (3)
Expired Permits (5)
Permit Activity -Year to Date
Applications recv'd (359)Permits issued (325)
Permits final (194)Business Occupancies (13)
Expired Permits (80)
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Planning and Development Services
Page 3 of 6
* Residential Alteration / Repair consists of: Remodels, Room Additions, Stucco / Siding
Work, Interior Demolition / Construction of Walls, Windows, Garage Doors.
* Residential Alteration / Repair consists of: Remodels, Room Additions, Stucco / Siding
Work, Interior Demolition / Construction of Walls, Windows, Garage Doors.
Residential Permits Issued-April 2022
(N) SFR (0)Commericial New (1)Commericial TI (1)SF Remodel (1)
Block Wall (1)Reroofs (8)Water Heater / Plumbing (2)HVAC Mechanical (1)
Solar (2)Panel Upgrades / Electrical (2)Patio Covers (3)Res. Alteration / Addition (4)
Residential Permits Issued-Year to Date FY 2021-2022
SFR New (0)Block Walls / Retaining Walls (18)Reroofs (49)
Water Heater / Plumbing (15)HVAC Mechanical (43)Solar (92)
Panel Upgrades / Electrical (26)Patio Covers (13)Residential Alteration / Repair (47)
Pools/Spa (7)Grading (2)
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Planning and Development Services
Page 4 of 6
Inspections
A total of 106 inspections were conducted in April, with 39 of them being Final
inspections.
Commercial Permits Issued -Year to Date FY 2021-22
Commercial Tenant Improvement (3)Signs (4)
Electrical (2)Demolition (1)
Grading (2)New Commerical (0)
0
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BUILDING ELECTRICAL MECHANICAL PLUMBING DEMOLITION TOTAL
NUMBER OF INSPECTIONS CONDUCTED
July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
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Page 5 of 6
Major Projects Under Construction
Major projects under construction include a tenant improvement for an adult day care “St.
Christopher Adult Day Care Center” located at 22400 Barton Rd.
Project Description/Location Status
Anel Aguayo –
12040 La Cadena
Dr.
12040 La Cadena Dr. – Precise grading for new
single-family residence
Drywall inspection
complete – under
construction
Frank Randall
23400 Westwood
St.
23400 Westwood St. – Precise grading & new
single-family residence
Under Construction –
Drywall completed
Edward Giroux –
21891 Vivienda
Ave.
21891 Vivienda Ave. – Construction of a new
classic car storage, 3 – car garage, swimming
pool, and block wall
Under Construction –
Footings completed
Edna Medrano
22400 Barton Rd.
22400 Barton Rd. – Tenant improvement for an
adult day care center
Under Construction –
Plumbing inspected
Terrace Plaza
22200
22200 Barton Rd. – Foundation Only Permit for
a new multi-tenant building
Under Construction
Aibeto’s Mexicn
Food
22045 Barton Rd.
22045 Barton Rd. Tenant improvements for
restaurant.
Under Construction
Plan Checking Activity
For April 2022, a total number of fourteen (14) plans were submitted for review and re-
submittal. Plans submitted include PV solar, a patio cover, and a tenant improvement for
accessibility upgrades at CVS Pharmacy. A tenant improvement for a new boba shop
located at 22419 Rd. was submitted.
Project Description/Location Status
Bickel Group –
22200 Barton Rd.
22200 Barton Rd. –(N) 5,342 sq. ft. multitenant
building – Terrace Plaza
In Plan Check – Plans
approved
Wilden Pump Co.
22069 Van Buren
St.
22069 Van Buren St. – New tarmac building
addition
In Plan Check – Plans
approved
Robert Morton –
22045 Barton Rd.
22045 Barton Rd. – Tenant improvement for
Aibeto’s Mexican Food
In Plan Check – Plans
approved
CVS Pharmacy –
12071 Mt. Vernon
Ave.
12071 Mt. Vernon Ave. – Tenant improvement
for accessibility upgrades at CVS Pharmacy
In Plan Check – 1st
submittal received
Randall Jepson –
12210 Michigan
St. Suite A
12210 Michigan St. – Tenant improvement for
beauty salon
In Plan Check – Plans
approved
Johnny Morris
22419 Barton Rd.
22419 Barton Rd. – Tenant improvements for
boba shop.
In Plan Check – 1st
corrections issued.
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Public Works Encroachment Permits
Five (5) Public Works/Encroachment Permit applications were taken in for the month of
April. Four (4) permits were issued for the month, which includes applications that were
received in the previous month.
0
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40
50
60
70
SoCal Gas Edison Optimum AT&T Other Total
Encroachment Permits Issued
July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
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ANIMAL CONTROL AND CODE ENFORCEMENT DIVISION
Core Services
➢ Zoning & Municipal Code Enforcement
➢ Animal Control Services
➢ Street Sweeping Traffic Enforcement
➢ Tow vehicles after 72-hours have elapsed
➢ Remove graffiti
➢ Business Licenses
The Division is budgeted for one full time Code Enforcement Officer, Animal
Control Specialist, and a Department Secretary. On-call coverage is provided to
manage after hour emergency animal control calls.
The city is divided into seven zones, including commercial centers, and the zones are
inspected on a continual rotating basis over a two-week period. A set route is driven each
day in addition to the zones. The route includes Mount Vernon Avenue, Main Street,
Michigan Street, Barton Road, Preston Street, Palm Avenue, Observation Drive, and
Van Buren Street.
Activity Summary for Code Enforcement
Code Enforcement had 245 cases carried over from the previous month, 38 new
cases opened, and 155 cases were closed in April. The chart below demonstrates a
breakdown of Code cases by detailing how many cases were carried over from the
previous month, opened, closed, and still being addressed.
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The following table shows the number of inspections conducted, the number of citations,
and corrective notices issued.
*The number of corrections issued does not include vehicle related complaints, illegal dumping referred to
Burrtec, or homelessness on public property referred Sheriff’s Department.
76
77
78
79
80
88
85
64
110
348
331
245
41
42
43
44
45
44
40
48
33
315
231
38
33
34
35
36
37
68
25
50
50
75
173
155
84
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86
87
88
85
64
110
348
331
245
130
MAY'21
JUN'21
JUL'21
AUG'21
SEP'21
OCT'21
NOV'21
DEC'21
JAN'22
FEB'22
MAR'22
APR'22
2021-2022 CODE CASE
Number of Cases Carried Over
Number of Cases Opened
Number of Cases Closed
Number of Cases In Process
Citations May'21 Jun'21 Jul'21 Aug'21 Sep'21 Oct'21 Nov'21 Dec'21 Jan'22 Feb'22 Mar'22 Apr'22
Number of
Inspections
Conducted
136 40 73 64 64 100 105 90 93 137 198 220
Number of Notice
of Corrections
Issued
13 20 33 20 24 27 47 32 26 45 16 20
Number of Notice
of Violations
Issued
10 3 12 9 8 11 11 13 19 281 264 56
Number of
Citations Issued
14 5 4 4 6 8 14 11 27 27 16 48
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Weekend Code Enforcement Activities
The Weekend Animal Control/Code Enforcement Specialist patrols the weekends
and conducts zone inspections and scheduled re-inspections. Weekend code
enforcement also handles code violations such as unpermitted yard sales, open
house signs, and parking violations. The table below demonstrates weekend code
enforcement activities by type for this fiscal year.
Graffiti/Vandalism/Illegal Dumping:
There were two cases of illegal dumping and two cases of graffiti reported in April; all
cases have been resolved.
6 7 6
1 4 5
13
4
13
2 2 25
0
36
25
7
20 17 14
5 1 3 1
19
24 21
11
2
19
12 10
45
16
38
10745213242222
37
26
12
0
11
16
22
8
52
15 18
13
19
0
11
0 0 0 0 0 0 0 0 0
29
46
23 21
14
22 26
5 2 4 1 0 0 0
0
10
20
30
40
50
60
May'21 Jun'21 July'21 Aug'21 Sep'21 Oct'21 Nov'21 Dec'21 Jan'22 Feb'22 Mar'22 Apr'22
Weekend Code Enforcement
Graffiti Yard Sale with out permit Open house and other signs
Illegal Dumping Follow-up inspections Parking violations
Other Public Nuisance Unpermimitted Construction
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Parking Citations:
In March , 16 vehicle related citations were issued. There were no citations issued
for street sweeping enforcement. Street Sweeping in residential areas occurs on the
first, second, and third Thursdays of each month.
As of June 4, 2020, Code Enforcement resumed issuing street sweeping citations for
vehicles parked on the street during street sweeping hours which was suspended due
to COVID-19.
283
182
266
61 94
155
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Street Sweeping Citations
Street Sweeping
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Other parking citations include expired registration, parking on unpaved surfaces, and
commercial vehicles in residential areas. Parking citations are issued by Code
Enforcement Staff, as well as Sheriff Deputies.
May'21 Jun'21 Jul'21 Aug'21 Sep'21 Oct'21 Nov'21 Dec'21 Jan'22 Feb'22 Mar'22 Apr'22
72 Hour Parking Warning/Cite 10 8 14 5 20 14 9 3 3 4 1 1
Vehicles on Unpaved Surface 0 0 0 11 13 0 0 0 0 0 0 0
Recreational Vehicle Violations 2 1 1 1 3 2 4 3 1 2 3 1
Commercial Vehicle Violations 1 1 7 1 6 8 4 2 0 1 4 3
Vehicles Blocking Sidewalk/Driveway 0 2 4 6 13 17 1 0 0 1 5 0
Expired Registration/Missing plates or tabs 11 6 10 2 10 4 6 1 0 4 0 0
Other Parking Violations 20 7 13 19 30 21 13 0 2 4 2 2
Parking in Handicap Zone 0 2 3 3 5 2 1 0 3 0 1 0
0
5
10
15
20
25
30
35
Parking Citations
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Non-Owner Occupied/Rental Property Program
There are approximately 351 properties in the Program (number is subject to change
as properties get sold or becomes owner occupied) consisting of both single-family
units and multiple family units (i.e., apartments, duplexes, triplexes, and
quadruplexes). In January, the Rental Inspection invoices were mailed. In April the total
amount received for Rental Inspection fees was $1,755.40.
Business Licenses
For the month of February, our Code Enforcement department reviewed the accounts
for business licenses that were expired. In April we received a sum of $517.63 for past
due business licenses. This is a direct result of our Code Enforcement department
implementing and following up on the business license.
Animal Control Services
With the implementation of Animal Control Services, the city has instituted the practice
of first making every effort to return stray dogs to its owner, by checking it for tags
or microchip. If the owner cannot be identified, the city will place a photograph of
the impounded animal on the City’s Facebook page so that owners can reclaim their
pet. Animal Control is also working to identify animals via Facebook who have been
sent to the animal shelter and have since been returned to their owner so their status
can be updated for the public. If the dog is unlicensed the owner will be given a citation,
but the fine is dismissed if the dog is licensed within 7 days.
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Planning and Development Services
Riverside County Department of Animal Services stats:
Animal Control
Sheltering
Services
May
'21
Jun
'21
Jul
'21
Aug
'21
Sep
'21
Oct
'21
Nov
'21
Dec
'21
Jan
'22
Feb
'22
Mar
'22
Apr
'22
Animal Intakes
Strays 4 10 6 2 5 2 3 10 4 2 32 7
Stray Dead 3 5 15 4 5 6 3 4 2 1 32 1
Owner Surrender 1 1 0 0 0 0 0 1 1 11 1 1
Other 0 1 0 0 0 1 0 0 0 1 15 2
Total 8 17 21 6 10 9 6 15 7 15 80 11
Animal Disposition
Adopted 2 1 1 1 1 2 2 0 6 1 14 3
Returned to Owner 0 3 1 0 3 1 0 1 1 1 2 1
Euthanized 1 3 5 0 0 1 0 0 1 1 1 4
Other 2 0 1 0 0 1 2 0 1 0 1 1
Total 5 7 8 1 3 5 4 1 9 3 18 9
The following stats are from Grand Terrace Animal Control:
Animal Control
Officer
Investigations
May
'21
Jun
'21
Jul
'21
Aug
'21
Sep
'21
Oct
'21
Nov
'21
Dec
'21
Jan
'22
Feb
'22
Mar
'22
Apr
'22
Barking
Complaints 2 0 1 0 0 1 2 0 0 0 3 0
Unlicensed Dogs 7 0 0 0 0 0 82 0 0 0 0 0
Loose Dogs 4 9 2 3 7 6 10 7 6 2 4 3
Loose Dogs
Returned to Owner 2 0 2 0 0 7 0 0 1 2 0 2
Animal Welfare
Check 1 0 8 0 3 2 0 5 0 7 0 2
Dead Animals 3 16 8 4 7 5 2 6 6 4 12 6
Bites 0 1 1 0 0 1 2 1 0 0 0 0
Other (unfounded,
wildlife, etc.) 6 10 6 2 4 2 0 5 1 1 2 5
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MAY
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AUG
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SEP
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OCT
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NOV
'21
DEC
'21
JAN
'22
FEB
'22
MAR
'22
APR
'22
Animal Control Investigations
Barking Complaints Unlicensed Dogs
Loose Dogs Loose Dogs Returned to Owner
Animal Welfare Check Dead Animals
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Planning and Development Services
Dog Licensing Revenue
In the beginning of April 2021, Animal Control began canvassing properties with
outstanding dog licenses and leaving a door hanger with renewal information to ensure
we have the most accurate count of dogs in our system. Often individuals move away
from the City, and we are not notified and annually those properties are issues renewal
notices as typical protocol.
During this time there was an influx of individuals renewing their dog licenses and
licensing new dogs. The door hanger indicated they had a month and half to renew the
license, or they may risk receiving a citation. The deadline was extended from February
12th to April 1st due to COVID related issues.
0
$754.00
$298.00
$817.00 $784.00 $784.00 $901.00
$2,355.00
$1,356.50
$1,610.00
$2,218.31
$1,660.50
$1,169.50
0
500
1000
1500
2000
2500
May'21 Jun'21 Jul'21 Aug'21 Sep'21 Oct'21 Nov'21 Dec'21 Jan'22 Feb'22 Mar'22 Apr'22
Dog License Revenue
(Over the Counter)
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$-$-$-
$88.00
$15.00
$274.00
$180.00
$208.00
$335.00
$299.00 $296.00 $294.00
$-
$50.00
$100.00
$150.00
$200.00
$250.00
$300.00
$350.00
$400.00
May'21 June'21 Jul'21 Aug'21 Sep'21 Oct'21 Nov'21 Dec'21 Jan'22 Feb'22 Mar'22 Apr'22
Dog License Revenue
(Online)
$754.00
$298.00
$817.00 $872.00
$446.00
$1,175.00
$2,535.00
$1,564.50
$1,945.00
$2,517.31
$1,956.50
$1,463.50
$-
$500.00
$1,000.00
$1,500.00
$2,000.00
$2,500.00
$3,000.00
May'21 June'21 July'21 Aug'21 Sep'21 Oct'21 Nov'21 Dec'21 Jan'22 Feb'22 Mar'22 Apr'22
Combined Dog License Revenue
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Sheriff’s Contract
•Law Enforcement Services
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San Bernardino County
Sheriff’s Department
Services March 2022 April 2022
Officer Contact and Calls 1,285 1,148
Monthly Citation Data March 2022 April 2022
Stops 306 267
Citations Issued 117 156
Calls to Dispatch March 2022 April 2022
Emergency 3 4
Priority 1 140 132
Priority 2 56 64
Priority 3 155 158
Priority 4 77 75
Totals 431 433
vankagans@gmail.com
Emergency – 911 calls (evaluated for substance).
Priority 1 – Currently active, 15 minutes or less. Priority 3 – Calls over 30 minutes ago.
Priority 2 – Just occurred, 15 minutes or more. Priority 4 – Incident calls, counter calls.
Note: As dispatch receives more information during the call, the level of priority can change to a higher
or lower level priority.
3 4
140 132
56 64
155 158
77 75
0
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March April
Calls to Dispatch
Emergency Priority 1 Priority 2 Priority 3 Priority 4
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Citizens on Patrol (COP) - Weekly Hours for March 2020:
Mar. 9th Mar. 16th Total Hours
8 2 10
* - On March 17th all patrol activities for the Citizens on Patrol were suspended.
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City of Grand Terrace
Fire Department Incidents
04/01/22 – 04/30/22
Call Type Number of Calls
Commercial Alarm 3
Fire – Improvement 2
Fire – Refuse 1
Fire – Residential Structure 1
Medical Aid 118
Move Up (Cover Engine into FS#23) 3
Public Service 4
Residential Alarm 4
Traffic Collision with Extrication 1
Traffic Collision with Injuries 1
Traffic Collision Unknown Injuries 2
Traffic Collision Unknown Injuries (Freeway) 2
Total Calls 142
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AGENDA REPORT
MEETING DATE: June 28, 2022 Council Item
TITLE: Adopt the Revised Special Event Ordinance to the Grand
Terrace Municipal Code (GTMC) 8.50
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: That the City Council Adopt the Revised Special Event
Ordinance to the Grand Terrace Municipal Code (GTMC)
8.50
2030 VISION STATEMENT:
This staff report supports Goal #4, Develop and Implement Successful Partnerships by
Working Collaboratively with Community Groups.
BACKGROUND:
On June 14, 2022, the City Council rescinded the existing Grand Terrace Municipal
Code (GTMC) 8.50 Special Events and introduced an ordinance for a first reading with
a revised version of the GTMC Section 8.50. The revised ordinance addresses a
broader spectrum of events providing appropriate guidance for the different types of
events while preserving First Amendment rights.
No changes have been made to the proposed ordinance since its introduction.
Accordingly, the ordinance is now ready for second reading and adoption by the City
Council.
ENVIRONMENTAL IMPACT
This project is exempt from CEQA.
FISCAL IMPACT:
None.
ATTACHMENTS:
• Ordinance No. XXX - Comprehensive Special events Ordinance Update rev 6-8
(PDF)
APPROVALS:
Konrad Bolowich Completed 06/22/2022 9:16 AM
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City Manager Completed 06/22/2022 10:39 AM
City Council Pending 06/28/2022 6:00 PM
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01247.0001/786274.13
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, REPEALING AND REPLACING CHAPTER
8.50 (SPECIAL EVENTS) OF TITLE 8 (HEALTH & SAFETY) OF THE
GRAND TERRACE MUNICIPAL CODE, WHICH UPDATES THE CITY’S
SPECIAL EVENT REGULATIONS.
WHEREAS, the City Council of the City of Grand Terrace recognizes the
substantial community benefit that may result from community events, which can provide
cultural enrichment and economic vitality and can enhance community identity.
WHEREAS, the sale of food and/or beverages at community events can impact
public health, safety, and welfare of event patrons, residents and other visitors, such as
impacts relating to traffic, food safety, sanitation, and overcrowding.
WHEREAS, the City Council wishes to update the City’s coordinated processes
for managing community events to ensure the public health, safety, and welfare of event
patrons, residents and other visitors, and to provide for fees and procedures required to
administer the permit process.
WHEREAS, with this ordinance, the City Council does not intend to change the
rules for ordinary use of public property.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY GRAND TERRACE
DOES ORDAIN AS FOLLOWS:
SECTION 1. The facts set forth in the Recitals of this Ordinance are true and
correct, and incorporated herein.
SECTION 2. Chapter 8.50 (Special Events) of Title 5 (Health & Safety) is repealed
and replaced as follows:
“Chapter 8.50 - SPECIAL EVENTS
8.50.010 Title.
This chapter shall be known as the Special Events Ordinance.
8.50.020 Purpose.
A. It is the purpose of this chapter to provide for the issuance of Special
Event Permits to regulate large, organized events on the public
streets and public property of the City; on private property to the
extent that such events have a significant impact on neighboring
properties and/or public property; and to provide for fees, charges,
and procedures required to administer the permit process. This
ordinance shall not be interpreted to require picnics and impromptu
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gatherings at public parks or private properties to obtain a permit.
Large groups who wish to reserve specific areas in public parks may
do so through such City department as may be designated by the
City Manager of the City.
B. It is further the purpose of this chapter to provide for expedited
procedures for Free Speech Special Events, while also providing for
the protection and preservation of public spaces and public
resources.
8.50.030 Definitions.
The following words and phrases when used in this chapter shall mean:
“Amplified sound” means music or speech projected or transmitted by
electronic equipment, including, but not limited to, an amplifier,
loudspeakers, or similar devices.
“Annual event” means an event recurring each year at approximately the
same date.
“Applicant” means the event sponsor or the sponsor’s authorized agent who
completes the permit application and acts as primary contact for a Special
Event.
“City-partnered event” means an event organized and run by a non-profit
organization in conjunction with the City, where the City provides
sponsorship or partnership and retains control over how the event(s) is run
and/or publicized.
“City-run event” means an event organized and run by the City.
“City Manager” means the City Manager of the City of Grand Terrace, and
shall include his/her designee.
“Director” means the Director of the City’s Community Development
Department or such other person as the City Manager may designate.
“Event Participants” means persons in attendance at an event, including
spectators, vendors, event staff, City staff, and all others present for the
purpose of the event. Any persons in attendance at an event for the purpose
of protesting the event shall not be considered Event Participants.
“Fair/carnival” means a traveling enterprise offering amusements, or a
gathering of buyers and sellers, held at a temporary location for one or more
days.
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“Free speech” means speech and expressive conduct protected by the First
Amendment of the United States Constitution or by Article 1, Section 2 of
the California Constitution.
“Free Speech Special Event” means an event at which the expression of
free speech rights is the principal purpose of the event, and that satisfies
one or more of the following: (i) the event is covered by Section 8.50.080;
(ii) the event requires the use of amplified sound; (iii) the event may interfere
with traffic or obstruct ingress or egress to a property or structure; or (iv) the
event will use any structure or equipment that requires a health & safety
inspection. Examples of Free Speech Special Events include, but are not
limited to: a protest, speech, or rally that requires traffic control; individual
street performers.
“Indigent person” means: (1) a person who is receiving benefits pursuant to
the Supplemental Security Income (SSI) and State Supplemental Payments
(SSP) programs (Sections 12200 to 12205, inclusive, of the California
Welfare and Institutions Code), the California Work Opportunity and
Responsibility to Kids Act (CalWORKs) program (Chapter 2, commencing
with Section 11200 of Part 3 of Division 9 of the California Welfare and
Institutions Code), the Food Stamp program (7 U.S.C. Section 2011 et seq.)
or Section 17000 of the Welfare and Institutions Code; (2) a person whose
monthly income is 125% or less of the current monthly poverty line annually
established by the Secretary of Health and Human Services pursuant to the
Omnibus Budget Reconciliation Act of 1981, as amended.
“Mixed Free Speech Special Event“ means an event that has both a free
speech component and a commercial component, or that is open to the
public for entertainment or cultural purposes; Mixed Free Speech Special
Events are not dependent on current events and require time and logistical
support to organize and include, but are not limited to: (i) a circus; (ii)
outdoor theater; (iii) an art fair.
“Parade” means a public procession, typically celebrating a special day or
event and including marching bands and floats, in the public right-of-way.
“Race/run” means an organized competitive event upon a public street,
sidewalk, walkway, or other publicly owned property including City parks, in
which persons participate by walking, running, riding a bicycle or horse, or
operating a wheelchair.
“Recurring event” means an event that will occur repeatedly within a one-
year period.
“Special Event” includes, but is not limited to, any of the following one-time
or recurring or annual events:
(i) A commercial event (e.g., a fair, carnival, farmers market).
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(ii) A spectator sport (e.g., volleyball, hockey, basketball,
baseball, soccer).
(iii) Any organized athletic event (e.g., races, runs, soccer games,
baseball games).
(iv) A community event (e.g., park clean-up, a hike, or nature
walk).
(iv) Parades.
(v) Any Mixed Free Speech Special Event.
(vi) Any event covered by Section 8.50.040.
(vii) Any event that: (a) will use amplified sound, (b) may interfere
with traffic, ingress, or egress; or (c) will use structures or
equipment that require health & safety inspections.
“Sponsor” means the person or group responsible for or organizing the
Special Event.
“Spontaneous Event” means a Free Speech Event occasioned by news or
events coming into public knowledge 4 business days or fewer prior to such
event.
“Transportation management/parking plan” means a plan developed by the
special event sponsor to identify and mitigate traffic/parking impacts
associated with a special event.
8.50.040 Special Event Permit required.
A. Special Events
1. Special Events on public property or private property
require a Special Event Permit, pursuant to Sections
8.50.060 and 8.50.070, when any of the following
applies:
a. where the anticipated attendance exceeds the
occupancy limits (e.g., as determined by a
certificate of occupancy) of a public property.
The occupancy limits of City-owned properties
shall be available for review at City Hall;
b. where the Special Event has public health and
safety impacts (including, but not limited to,
impacts relating to health and sanitation) that
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are greater than what the underlying
infrastructure of the subject site can
accommodate;
c. where the underlying approved or conditionally
approved use for a property does not include
Special Events;
d. The proposed Special Event requires any permit
to be issued by any other governmental agency,
such as a building permit, fire safety permit, or
health permit;
e. where the proposed Special Event may impede,
obstruct, impair, or interfere with the free use of
any public street, highway, alley, sidewalk, or
other public right-of-way, or with ingress or
egress to the same; or
f. where the proposed Special Event requires the
use of any public street, highway, alley,
sidewalk, or other public right-of-way.
2. No food or beverages may be sold at any Special Event
except in the following circumstances:
a. nonprofit or educational events;
b. an event in which food is an integral part of the
event, such as food fairs, farmers’ markets, a
fairs or carnivals, or other similar events;
c. the location of the Special Event provides an
area for the sale of food, beverages, and/or
merchandise, such as a concession stand,
snack bar, food court, or other similar areas;
d. where Vehicle Code Section 22455 is
applicable;
e. where Chapter 9.05 is applicable; or
f. when sale of food and/or beverages is otherwise
permitted pursuant to applicable law.
B. Free Speech Special Events on public property require a Free
Speech Special Event Permit pursuant to and shall be subject
to the alternative permitting provisions of Section 8.50.080.
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8.50.050 Exemptions and waivers.
A. City-run events and City-partnered events do not require
Special Event Permits.
B. Permits for nonprofit or educational events, may be subject to
reduced or waived fees, as determined by City Council
resolution.
8.50.060 Special Event Permit application.
A. Special Event Permit Application Required. An application must
be submitted to the City by the Special Event Sponsor along
with an application fee and an administrative review fee (if
applicable) in the amounts established by City Council
resolution.
An Indigent Person who is unable to pay the application fee
due to such indigence may not be required to pay the fee in
accordance with administrative regulations or guidelines
adopted pursuant to this chapter. Application for indigent
status shall be made at the time of submission of the permit
application and shall be accompanied by such relevant
information and documentation as may, in the opinion of the
Director, be reasonably necessary to verify such status.
B. Application Form and Contents. An application for a Special
Event Permit shall be on a City form and signed by the
Applicant who is at least 18 years of age, and contain all of the
following information:
1. The name, address, email address, mailing address,
and daytime telephone number of each of the following:
a. The Applicant and the Sponsor, if different from
the Applicant (also include evening telephone
number),
b. An alternate person to contact if an emergency
arises and the Applicant is unavailable (also
include evening telephone number),
c. If applicable: the president, chair or other head of
the sponsor organization; nonprofit
documentation (also include written
documentation of the authority under which the
Applicant is applying on behalf of the
organization), and
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d. The person who will be present and in charge of
the event on the day of the event and their contact
information during the event.
2. The requested event date, including the dates and times
for set-up and clean-up, and the starting and finishing
time of the event. Also include two alternative dates.
3. The estimated number of Event Participants and the
estimated number of Special Event employees and/or
volunteers
4. A site plan identifying the proposed event and staging
locations, including specific street closures or street
routes, if any, or park area requested and parking areas.
5. A site map showing emergency exit routes.
6. Any City equipment or personnel requested.
7. A description of the planned event.
8. A description of how the event will be promoted and any
prior history of promotions for similar events, including
references.
9. The proposed distribution or, if permitted pursuant to
Section 8.50.040(A)(2), sale of any food or beverage,
including alcoholic beverages. If alcoholic beverages are
included, provide all applicable licenses and
registrations allowing the sale of alcoholic beverages at
the event. All such distribution or sale of any food or
beverages shall comply with all applicable law.
10. The type and estimated number of vehicles, animals, or
structures that will be used.
11. A description and location of any sound amplification
equipment proposed to be used.
12. The location of electrical generators, stages, tents,
canopies, cooking apparatus and lights.
13. The location of mechanical rides, jump houses, or other
amusement attractions.
14. The location of any water, first aid, or comfort station(s)
to be provided.
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15. For each application for a Parade: (i) the time when the
units of the Parade will begin to assemble, (ii) the
proposed assembly point for the Parade, (iii) the
proposed Parade route, (iv) the interval space to be
maintained between units of the Parade, and (v) the
number, type and size of floats or other vehicles.
16. For a commercial or Mixed Free Speech event, a layout
showing the locations of booths, stages, audience,
tables and chairs, food court, portable bathrooms,
emergency exits (as applicable).
17. A preliminary security plan and any monitors to be
employed during the event.
18. Any other information which the Director reasonably
requires to evaluate the particular Special Event Permit
application. In addition, the Director can waive
application requirements that the Director determines
are inapplicable.
19. A parking and transportation plan as deemed necessary
by the Director, based on the anticipated number of
Event Participants and the availability of parking at the
proposed location.
20. For Recurring Events, the Applicant shall also include
the following information:
i. The frequency of the proposed recurring event,
including if available a schedule with proposed
dates and times. Proposed schedules may be
submitted as soon as available, but no later than
15 days prior to the start of the events.
ii. The minimum and maximum number of
anticipated Event Participants for each event.
21. If a Special Event primarily caters to children, then the
Director may require that the Applicant conduct and
submit background checks for all Special Event staff.
8.50.070 Processing of Special Event Permit applications.
Special Event Permits will be processed based on the following:
A. Submission timelines.
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1. Special Events. An application for a Special Event
Permit shall be filed at least 30 days prior to the date of
a proposed Special Event with anticipated attendance of
50 or fewer Event Participants, and at least 60 days prior
to the date of a proposed Special Event with anticipated
attendance of greater than 50 Event Participants.
2. Hikes and nature walks. Notwithstanding anything to
the contrary in Subsection A.1, above, Special Event
Permit applications for hikes and nature walks in any
of the City’s trails may be submitted 15 days prior to
the proposed event.
3. Recurring Special Event Permits. Notwithstanding
anything to the contrary in Subsection A.1, above, a
Special Event Permit application for recurring events
must be submitted no later than 60 days prior to the
start of the Recurring Special Events. These permits
shall only authorize the same type of recurring event
during the year, and is not intended to be a blanket
event permit for the Applicant or Sponsor.
4. Requested dates and times at specific locations on
public property shall be reserved on a first come first
served basis. If the date or time requested is not
available, the Director shall inform the Applicant within
5 business days and shall suggest alternative dates
and times. Applications for events occurring more than
12 months from the date of the application shall not be
accepted.
B. The Director shall meet with the Applicant or Sponsor to review
the application to determine whether additional information is
required and discuss applicable conditions and potential fees
and costs. In reviewing the application, the Director shall consult
with such other City departments and outside local agencies as
the Director determines to be appropriate.
C. The Director shall make a decision on the application, set any
conditions and fees, and issue the permit. For Special Events
with anticipated attendance of at least 50 Event Participants, a
decision on the Special Event Permit shall be made by the
Director no later than 15 calendar days following the submission
of a completed application. For Special Events with anticipated
attendance over 50 Event Participants, a decision on the
Special Event Permit shall be made by the Director no later than
30 days following submission of a completed application.
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D. In deciding whether to approve, or approve with conditions, the
Director shall make each of the following findings:
1. The Special Event, as proposed, does not pose a threat
to health and safety.
2. The use of sheriff and/or fire resources to support the
event will not deny reasonable sheriff and fire protection
to the City.
3. The Special Event will not adversely interfere with
previously City-approved and/or scheduled construction,
maintenance or other activities.
4. The Special Event will not adversely impact the health or
safety of surrounding properties; or the impacts can be
significantly mitigated by way of reasonable permit
conditions. Adverse impacts include, but are not limited
to, noise, traffic, parking, trash, and damage to public
property, infrastructure, or facilities.
5. There will be negligible adverse impact on the condition
of parks and open space areas; proposed mitigation by
the event Sponsor will be considered.
6. The Special Event shall not adversely impede the
public’s reasonable use of City streets, sidewalks,
walkways, trails, and City parks.
E. Conditions.
1. The Director may include in a Special Event Permit
reasonable terms or conditions as to the time, place, and
manner of the Special Event, notice requirements,
compliance with health and sanitary regulations, public
health and safety requirements, emergency services
requirements, security payment of the Special Event
Permit fee, reimbursement of direct expenses incurred
by the City, and a clean-up/damage deposit.
2. Additional permits or security fees may be required by
other state or federal agencies or federal, state, or local
laws.
3. In order to accommodate other concurrent events, the
rights of abutting owners and the needs of the public to
use streets or parks, the conditions may include, but not
be limited to, reasonable adjustments in the date, time,
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route or location of the proposed event;
accommodations of pedestrian or vehicular traffic using
the street; accommodations of public access to City
parks and the City’s trails; and limitations on the duration
of the event.
4. If applicable, conditions relating to the use of amplified
sound to minimize the interference with the quiet
enjoyment of neighboring properties.
5. If applicable, conditions relating to maintaining the public
property in the same or better condition after the Special
Event. Conditions may address collection of trash,
access to rest facilities, prohibiting access to protected
habitat, etc.
6. The Director may require a Special Event Permit
Sponsor a deposit in an amount determined by the City
to reimburse the City for the cost of repairs needed to
public property because of the Special Event.
F. Recurring Events. The Director may require a trial period before
approving all planned events. In no case shall recurring events
be authorized for more than one year at the time of application.
G. An application for a Special Event Permit can be denied on any
of the following grounds:
1. The Applicant is unable to comply with the reasonable
terms or conditions as to the time, place, and manner of
the Special Event, health and sanitary regulations, public
health and safety regulations, and emergency services
requirements that would be imposed upon the Special
Event.
2. Applicant’s provision of false or misleading information;
3. Conflict with other planned events in the area;
4. Previous Special Event Permit violations by the
Applicant or Sponsor;
5. Inability to make all the findings for approval set forth
above; or
6. The public property location requested is not eligible for
Special Events.
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H. CEQA Review. The Director will designate a staff person
knowledgeable in the California Environmental Quality Act to
perform an environmental review of the proposed special event.
I. Applicant’s Acceptance. The Applicant shall notify the Director
in writing of their acceptance forthwith after written notice of the
decision. Once the Applicant submits a written acceptance of
the Director’s decision in a form required by the Director, the
Special Event Permit shall be approved.
8.50.080 Free Speech Special Event Permit application.
A. The following application procedures apply to a Free Speech
Special Event only. Parades and Mixed Free Speech Events
shall be subject to the Special Event Permit provisions of
Section 8.50.040 through 8.50.070.
B. A Free Speech Special Event requires a Free Speech Special
Event Permit when:
1. The proposed event may impede, obstruct, impair or
interfere with the free use of any public street, highway,
alley, sidewalk, or other public right-of-way, or with
ingress or egress to the same; or
2. The proposed event requires the use of any public street,
highway, alley, sidewalk, or other public right-of-way; or
3. The anticipated attendance exceeds the occupancy
limits (e.g., as determined by a certificate of occupancy)
of a public property. The occupancy of City-owned
properties can be reviewed at City Hall; or
4. The proposed event requires any permit to be issued by
any other governmental agency, such as a building
permit, fire safety permit, or health permit; or
5. Notwithstanding anything to the contrary in this chapter,
Special Event Permits and Free Speech Special Event
Permits are not required for Spontaneous Events. The
Sponsor of a Spontaneous Event shall provide the
Director with advance notification to the extent
practicable, as well as the following information: the type
of event; the date, time, and duration of the proposed
event; the location of the event and/or route, including
which public spaces or public right-of-ways may be
obstructed or closed; and anticipated participation.
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C. A Free Speech Special Event application shall include the
following information:
1. A description of the proposed event;
2. The street or other public property and the specific area
or areas thereof to be utilized in connection with the
proposed event;
3. The manner in which the public property will be utilized;
4. The date or dates and the specific times of the proposed
event, including set-up and tear-down;
5. The name, address and telephone number of the
sponsor of the proposed event;
6. The name, address and telephone number of the person
or persons to be contacted regarding the application or
the permit;
7. Anticipated participation, including any animals that may
be in attendance.
D. Timing of application. The Applicant shall file a complete
application for a Free Speech Special Event Permit with the
Director as soon as possible, but no later than 5 business days
before the proposed event. The Director shall review the Free
Speech Special Event Permit application to establish
reasonable conditions to address health and safety only,
notification of the decision, and appeal from the decision.
E. Director’s Decision. The Director shall render a decision in
accordance with the findings set forth herein within two
business days following the filing of the completed application.
1. The event, as proposed, will not pose a threat to health
and safety;
2. The use of sheriff and/or fire protection resources to
support the event will not deny reasonable sheriff and
fire protection to the City;
3. The event will not interfere with previously City-approved
and/or scheduled construction or maintenance, or with a
previously permitted special event;
4. No consideration was given to the message of the event,
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the content of speech, the identity or associational
relationships of the Applicant, or to any assumptions or
predictions as to the amount of hostility which may be
aroused in the public by the content of the speech or
message conveyed by the event.
5. The event is in compliance with the attendance and other
limitations as provided in Section 8.50.040.
6. There will be minimal or no adverse impact on the
condition of parks and open space areas, proposed
measures to mitigate any adverse impacts shall be taken
into consideration.
F. Notification of Decision. The Director shall notify the Applicant
in writing (and orally, if possible) of the decision, including a
statement of the reasons for any conditions or the grounds for
a denial. If a change in the time or location of the proposed
event would allow approval of the application, the Director shall
propose an alternative to the Applicant. Any conditions shall be
directed
G.. Free Speech Special Events will not be required to comply
with any of the following as a condition of receiving a permit:
1. Any fee or charge required by the City.
2. Any insurance or proof of insurance covering the Free
Speech Event, its organizers, or Event Participants,
including the requirements of Section 8.50.150.
3. Any requirement of indemnification or agreement to hold
harmless, including the requirements of Section
8.50.140.
I. Appeal. Any decision relating to the issuance of a Free
Speech Special Events Permit may be appealed to the City
Manager. The appeal must be in writing and must be submitted
to the City Manager’s Office within two business days of the
Director’s decision. The City Manager shall decide the appeal
within one business day. The City Manager’s decision shall
be final.
J. Judicial Review. Decisions regarding a Free Speech Special
Event Permit are eligible for expedited judicial review pursuant
to Section 1094.8 of the Code of Civil Procedure.
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8.50.090 Administrative Regulations.
The City Manager may establish administrative policies and procedures for
the purpose of implementing this code as necessary.
8.50.100 Special Event Permit fees and charges.
A. Special Event Permit fees and charges are established by
resolution of the City Council. The application fee must be
submitted with the application. Other costs for City services
shall be invoiced to the Applicant no later than 10 calendar days
after the expiration date of the permit. The Applicant shall pay
all fees and charges within 30 calendar days of invoice
otherwise late fees shall apply.
B. In addition to the payment of any applicable non-refundable
permit application fees, all Applicants or sponsors shall be
responsible for paying for all City departmental, San Bernardino
County Sheriff, or San Bernardino County Fire Protection
District service charges incurred in connection with or due to the
permittee’s activities under the permit.
8.50.110 Revocation.
A Special Event Permit can be revoked by the Director for any of the following
reasons:
A. Failure to comply with any permitting requirements or conditions
of approval;
B. Knowingly providing false, misleading, or fraudulent
information;
C. Failing to pay required fees, charges, or deposits;
D. Failing to agree to the indemnification provisions or failing to
provide proof of insurance to the extent required; or
E. The event materially changes after a permit has been approved.
F. If the Applicant/Sponsor violates any applicable law in the
preparation for or operation of the Special Event.
8.50.120 Enforcement.
A. Violations of this chapter shall be charged to the Applicant
and/or Sponsor of the event pursuant to Chapters 1.06 and 1.16
of this Code, as well as any other remedies available to the City
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at law or equity.
B. In addition to the penalties provided for in Chapters 1.06 and
1.16 of this Code, Sponsors, Applicants, or Event Participants
of an event may be cited and/or ejected from the public property
for violations of this chapter after notice and an opportunity to
cure the violation.
C. Notwithstanding any approval given pursuant to this chapter,
any county sheriff, fire official or building official is granted the
authority to stop or prevent any immediate threat to the public
health or safety, including the right to issue a cease and desist
order for all or any part of the Special Event or any Special
Event.
8.50.130 Appeal.
A. A decision regarding a Special Event Permit application may
be appealed in writing to the City Manager within 10 calendar
days of the Director’s decision for Special Events.
B. The City Manager shall make a decision on the appeal within
10 calendar days of receipt of the appeal for Special Events.
C. The decision of the City Manager shall be final, and is subject
to judicial review pursuant to Section 1094.5 and 1094.6 of
the Code of Civil Procedure.
8.50.140 Hold harmless.
As a condition to the issuance of any permit under this chapter, the
Applicant/Sponsor shall agree to defend, indemnify, and hold harmless the
City, its elected and appointed officials, employees and agents, against
losses and liabilities incurred from the conduct of the permittee, or its
officers, employees, and agents, or claims or liabilities caused by, or arising
out of any activities authorized by any such permit.
8.50.150 Insurance requirements for special events.
The Applicant shall provide general liability insurance in the amount
deemed reasonable by the city, naming the City, its elected and appointed
officials, employees, and agents, as an additional insured. Limits of
coverage will be determined by the City’s Risk Manager at the time of
application. Certificates of insurance are to be submitted to the City for
approval 14 calendar days prior to the day of the event. Acceptability of
insurance is subject to approval by the City’s Risk Manager. This
requirement does not apply to Free Speech Events.”
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SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this Ordinance or the application thereof to any person or
place, is for any reason held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remainder of this
Ordinance. The City Council hereby declares that it would have adopted this Ordinance,
and each and every section, subsection, subdivision, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 4. EFFECTIVE DATE. This ordinance shall be effective on the thirtieth
(30th) day after the day of its adoption.
SECTION 5. CERTIFICATION. The City Clerk shall certify to the adoption of this
Ordinance and shall cause the same to be posted in the manner required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Grand
Terrace at a regular meeting held on the ____ day of _______, 2022.
_____________________________
Darcy McNaboe
Mayor
ATTEST:
____________________________
Debra Thomas
City Clerk
APPROVED AS TO FORM:
____________________________
Adrian R. Guerra
City Attorney
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AGENDA REPORT
MEETING DATE: June 28, 2022 Council Item
TITLE: Commitment of Fund Balance for Fiscal Year 2021-2022 in
Accordance with Governmental Accounting Standards Board
Statement No. 54 and City Reserves Policy No. 3.06
PRESENTED BY: Terry Shea, Interim Finance Director
RECOMMENDATION: Adopt a RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GRAND TERRACE, CALIFORNIA, COMITTING
FUND BALANCE FOR FISCAL YEAR 2021-22 IN
ACCORDANCE WITH GOVERNMENTAL ACCOUNTING
STANDARDS BOARD STATEMENT 54 AND CITY
RESERVES POLICY NO. 3.06
2030 VISION STATEMENT:
This staff report supports City Council Goal #1, “Ensuring Our Fiscal Viability,” through
the continuous monitoring of revenue receipts and expenditure disbursements against
approved budget appropriations and providing City Council scheduled updates on the
City’s fiscal condition.
BACKGROUND:
In February 2009, the Governmental Accounting Standards Board (GASB) issued
Statement 54, Fund Balance Reporting and Governmental Fund Type Definitions.
Statement 54 is designed to modify fund balance reporting in governmental funds with
the intention to improve financial reporting by providing fund balance categories and
classifications that will be more easily understood by the users of our annual financial
statements.
Fund balance refers to the difference between assets (what the City owns) and liabilities
(what the City owes) in the governmental balance sheet. Users of governmental
financial statements examine fund balance information to identify the available
resources of the governmental entity. Statement 54 sets criteria for fund balance
reporting that more clearly defines categories of fund balance. With more concisely
defined categories, the nature and extent of the constraints placed on a government’s
fund balance are clearer and more transparent.
DISCUSSION:
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FUND BALANCE
To establish uniformity, GASB Statement 54 created five new classifications of fund
balance. Each classification depicts the relative strength of the spending constraint for
which the resources can be used. From most to least constrained, the classifications of
fund balance are:
1. Non-spendable: Nonspendable fund balance includes amounts that are not in a
spendable form (inventory, for example) or are required to be maintained intact
(the principal of an endowment fund, or deposits for example).
2. Restricted: Restricted fund balance includes amounts constrained to specific
purposes by their providers (such as grant providers, bondholders, and higher
levels of government) through constitutional provisions or enabling legislation
(balances in special revenue funds are restricted fund balances since their
amounts are restricted for a specific purpose).
3. Committed: Committed fund balance includes amounts that can be used only for
the specific purposes determined by a formal action of the government's highest
level of decision-making authority, in this case, City Council. Commitments may
be changed or lifted only by City Council through the same formal action that
imposed the constraint originally. As approved by City Council in the previous
year, the City’s General Fund committed fund balances consisted of:
a) Contingencies;
b) Community Projects/Services;
c) Public Safety; and
d) Equipment Replacement (Fixed Asset Fund).
4. Assigned: Assigned fund balance comprises amounts intended to be used by
the governing body (City Council) for specific purposes. The intent can be
expressed by the governing body or by an official or body to which the governing
body delegates the authority. In this case, staff is requesting that the City Council
delegate to the City Manager and/or the Finance Director the authority to assign
fund balance. In governmental funds other than the general fund, assigned fund
balance represents the amount that is not restricted or committed. This indicates
that resources in other governmental funds are intended to be used for the
purpose of that fund.
5. Unassigned: Unassigned fund balance is the residual classification for the
general fund and includes all amounts not contained in the other classifications.
Unassigned amounts are technically available for any purpose. If another
governmental fund has a fund balance deficit, then it will be reported as a
negative amount in the unassigned classification in that fund. Positive
unassigned amounts will be reported only in the general fund.
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SUB-FUNDS
City staff established several funds for various programs and activities that staff
believed should be recorded and tracked separately from the General Fund for ease of
reporting to management and City Council. With the implementation of Statement 54,
these funds would be combined with the General Fund’s (Fund 10) fund balance for
reporting purposes in the annual financial statements according to the GASB policy;
however, City staff will continue to provide internal separate fund reports to City Council
for transparency. The funds that will be reported as the collective “General Fund” in the
City’s annual financial statements include:
1. General Fund (Fund 10)
2. Community Benefits Fund (Fund 61)
3. Light Up Grand Terrace Fund (Fund 62)
4. GT Illegal Fireworks Enforcement Fund (Fund 63)
5. Public Safety Fund (Fund 64)
6. Community Day Fund (69)
7. Equipment Replacement Reserve Fund (Fund 70)
As stated in the Generally Accepted Accounting Principles (GAAP), the General Fund
(for purposes of the City’s financial statements) which combines all seven (7) funds
listed above into one fund, should maintain a reserve equal to two (2) months of
operating revenues (estimates based on budgeted revenues).
The table below shows the collective fund balance of the General Fund and as it relates
to the GAAP minimum balance requirement as of June 30, 2022:
Table 1
General
Fund
Comm.
Benefits
Fund
Light Up
Grand
Terrace
Fund
Illegal
Fireworks
Fund
Public
Safety
Fund
Community
Day Fund
Eqpt
Replc
Reserve
TOTAL
(10) (61) (62) (63) (64) (69) (70)
Fund
balance,
7-1-2020
$3,558,613 $33,610 $(529) $224 $22,047 $5 $1,020 $3,614,990
Actual
Revenues
(2020-21)
$6,418,968 $83 $535 $0 $52 $0 $4 $6,419,642
Actual
Expense
(2019-20)
($6,302,591) ($1,385) ($5,915) $0 ($1) $0 $0 ($6,309,892)
Fund
balance,
6-30-
2021
$3,674,990 $32,308 ($5,909) $224 $22,098 $5 $1,024 $3,724,740
Estimated
Revenues $9,289,170 $20,000 $13,885 $0 $105 $0 $0 $9,323,160
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(2021-22)
Estimated
Expense
(2021-22)
($6,721,437) ($3,685) ($15,850) $0 $0 ($20,000) $0 ($6,760,972)
Fund
balance,
6-30-
2022
$6,242,723 $48,623 ($7,874) $224 $22,203 ($19,995) $1,024 $6,286,928
Operating
Reserve
(2 months
of
revenues)
$1,548,195 $3,333 $2,314 $0 $18 $0 $0 $1,553,860
It is good to note that the collective Fund Balance includes any unspent 2011 Excess
Bond Proceeds transferred from the Successor Agency as approved by the Department
of Finance.
As stated earlier, the City uses its budgeted revenues to calculate the minimum fund
requirements. The FY2021-22 estimated revenues for the collective General Fund are
as follows:
Table 2
General
Fund
Comm.
Benefits
Fund
Light
Up
Grand
Terrace
Fund
Illegal
Fireworks
Fund
Public
Safety
Fund
Community
Day Fund
Eqpt
Replc
Reserve
TOTAL
(10) (61) (62) (63) (64) (69) (70)
Estimated
Revenues
(2021-22)
$9,289,170 $20,000 $13,885 $0 $105 $0 $0 $9,323,160
Operating Reserve
(2 months
revenues) $1,548,195 $3,333 $2,314 $0 $18 $0 $0 $1,553,860
The formula for maintaining a reserve equal to two (2) months of operating revenues is:
FY2021-22 Estimated revenues: $9,323,160
--------------- X 2 = $1,553,860 (16.7%)
12
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Staff is recommending that City Council adopt the attached resolution committing the
General Fund’s fund balance for Fiscal Year 2021-22 in the following categories shown
below:
Table 3
City of Grand Terrace
Fund Balance Designation: FY2021-22
Nonspendable:
Prepaid Costs $0
Land Held for Resale $0
Restricted for:
Community Development Projects $0
(e.g. Parks Fund, Facilities Fund)
Public Safety (e.g. SLESF Fund) $0
Public Works (e.g. Street Fund, facilities projects) $0
Infrastructure Projects $1,057,737
Committed to:
Committed to Contingencies (General Fund: #10) $1,553,860
Committed to Community Services
• Community Benefits Fund: #61 $3,400
• Light Up Grand Terrace Fund: #62 $2,400
Committed to Equipment Replacement (Fixed
Assets Fund:#70) $801,603
Assigned
Assigned for continuing appropriations
(commitments, projects approved in current and
prior years that must be carried forward into the new
fiscal year)
$50,000
Assigned for future debt obligations $94,000
Unassigned $2,723,928
Total Fund Balance, GENERAL FUND $6,286,928
FISCAL IMPACT:
There is no fiscal impact to approving the resolution, designating Fund balance and
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implementing Statement 54. Total fund balance reported with or without Statement 54
would be the same; only the components of fund balance will be altered.
ATTACHMENTS:
• Resolution 2022-XX committing fund balance for FY2021-22 06-28-22
(DOCX)
APPROVALS:
Finance Completed 06/17/2022 11:53 AM
Terry Shea Completed 06/17/2022 11:53 AM
City Manager Completed 06/17/2022 1:57 PM
City Council Pending 06/28/2022 6:00 PM
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Page 1 of 3
RESOLUTION NO. 2022-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, COMITTING FUND BALANCE FOR FISCAL
YEAR 2021-22 IN ACCORDANCE WITH GOVERNMENTAL
ACCOUNTING STANDARDS BOARD STATEMENT 54 AND CITY
RESERVES POLICY NO. 3.06
Recitals
WHEREAS, the Governmental Accounting Standards Board (GASB) issued
Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions,
establishing a hierarchy clarifying the constraints that govern how a government entity
can use amounts reported as fund balance; and
WHEREAS, GASB 54 allows the governing body to formalize the commitment of
unassigned fund balance to a specified purpose; and
WHEREAS, the City Council of the City of Grand Terrace is the highest level of
decision-making authority for the City of Grand Terrace, and has the authority to commit,
assign, or evaluate existing fund balance classifications and identify the intended uses of
committed or assigned funds; and
WHEREAS, the committed fund balance classification reflects amounts subject to
internal restraints self-imposed by the City Council; and
WHEREAS, once the committed fund balance restraints are imposed, it requires
the constraint to be removed by the City Council prior to redirecting the funds for other
purposes; and
WHEREAS, the City Council has determined it will commit its General Fund
reserves for Fiscal Years 2021-22 as shown in the table below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. The City Council finds that the above recitations are true and correct and,
accordingly, are incorporated as a material part of this Resolution.
2. The City Council hereby commits the following fund balance as shown in
the table below for fiscal year 2021-2022 in accordance with Governmental Accounting
Standards Board Statement 54 and City Reserves Policy No. 3.06:
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City of Grand Terrace
Fund Balance Designation: FY2021-22
Nonspendable:
Prepaid Costs $0
Land Held for Resale $665,000
Restricted for:
Community Development Projects $0
(e.g. Parks Fund, Facilities Fund)
Public Safety (e.g. SLESF Fund) $0
Public Works (e.g. Street Fund, facilities projects) $0
Infrastructure Projects $1,092,979
Committed to:
Committed to Contingencies $1,046,078
Committed to Community Services
· Community Benefits Fund: #61 $1,680
· Light Up Grand Terrace Fund: #62 $920
Assigned
Assigned for continuing appropriations
(commitments, projects approved in current and
prior years that must be carried forward into the
new fiscal year)
$50,000
Assigned for future debt obligations $94,000
Unassigned $753,867
Total Fund Balance, GENERAL FUND $3,704,524
3. If any section, subsection, sentence, clause, phrase, or portion of this
Resolution is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Resolution. The City Council of the City of Grand Terrace hereby declares
that it would have adopted this Resolution and each section, subsection, sentence,
clause, phrase, or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
4. The City Clerk shall certify to the adoption of this Resolution.
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Page 3 of 3
5. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand
Terrace at a regular meeting held on the 28th day of June, 2022.
Darcy McNaboe
Mayor
ATTEST:
Debra Thomas
City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra
City Attorney
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AGENDA REPORT
MEETING DATE: June 28, 2022 Council Item
TITLE: Funding Agreement Between Omnitrans and the City of
Grand Terrace for Measure "I" Funds for the City's Senior
Transportation Program;
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: 1. Approve the Two-Year Contract with Omnitrans for the
following:
a. A not to exceed amount of $173,703 in operating
expenses, with an annual not to exceed amount of $86,965
in Fiscal Year 2022-23, and $86,738 in Fiscal 2023-24; and
b. A not to exceed amount of $46,800 in capital
expenses, with an annual not to exceed amount of $46,800
in Fiscal Year 2022-23,
2. Direct the City Manager to execute the agreement subject
to the City Attorney approval as to form.
2030 VISION STATEMENT:
This staff report supports Goal #4 "Develop and Implement Successful Partnerships" by
working with a regional agency to secure funding for programs and projects that benefit
seniors in our community.
BACKGROUND:
On December 16, 2015, the City of Grand Terrace entered into a partnership with Valley
Transportation Services (VTrans) (Attachment 1). VTrans was a 501(c)3 nonprofit
organization created and designated in October 2010 by SANBAG as the Consolidated
Transportation Services Agency (CTSA) eligible to receive two percent (2%) of the
Measure I Senior/Disabled funds collected in the Valley portion of San Bernardino
(Attachment 1). VTrans’ mission was to improve mobility for seniors, persons with
disabilities and persons of low income. The VTrans Board approved a three-year
funding agreement in the amount of $132,879 for operating expenses and leased the
City a wheelchair equipped vehicle for $1.00.
On August 1, 2016 VTrans assigned and transferred all rights and obligation of its
agreement with the City of Grand Terrace to Omnitrans (a Joint Powers Authority and a
consolidated Transportation Services Agency), which was designated as the new CTSA
for San Bernardino Valley (Attachment 2). VTrans also converted the lease of the
wheelchair equipped vehicle to a purchase agreement and the vehicle is now owned by
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the City of Grand Terrace.
On December 11, 2018, the City and Omnitrans entered into a Two-year Funding
Agreement (Dec-2018 through Dec-2020) (Attachment 3), wherein Omnitrans, through
the use of Measure I Senior/Disabled funds, funded 72% of the City’s Senior
Transportation Program’s annual operating expenses with the City’s General Fund
contributing $10,000 and the City’s Air Quality Management District (AQMD) Fund
contributing $5,000 annually.
On January 1, 2021, the City and Omnitrans entered into a Two-year Funding
Agreement (Jan-2021 through Dec-2022) (Attachment 4), wherein Omnitrans, through
the use of Measure I Senior/Disabled funds, funded 80% of the City’s Senior
Transportation Program’s annual operating expenses with the City’s General Fund
contributing $8,770 and the City’s Air Quality Management District (AQMD) Fund
contributing $5,000 annually.
DISCUSSION:
Omnitrans’ Measure I Regional Mobility Partnership Program (RMP) provides funding to
support the development and sustainability of programs that provide transportation
services to seniors and individuals with disabilities throughout the San Bernardino
Valley region.
Funding for the RMP is distributed to eligible agencies through an annual, competitive
Measure I Call for Projects.
In April-2022, Omnitrans distributed a Measure I RMP Call for Projects to agencies with
transportation programs that are designed to improve mobility and/or the coordination of
transportation services for seniors and/or persons with disabilities in the San Bernardino
Valley region. Applicants may include local government authorities, human and social
services agencies, tribal governments, private non-profit and charitable organizations.
This program has switch from Calendar year to fiscal year to align with local
governmental fiscal years.
The City submitted a proposal and received funding for the following (detailed in Exhibit
B of the proposed Funding Agreement). As with the prior funding agreement, the RMP
guidelines require a City match, 10% for capital expenses and 20% for operational
expenses:
Table 1
CAPITAL EXPENSES
EXPENSES Jul '22 –
Jun '23
Jul '23 –
Jun '24 TOTAL
A. Electric Vehicle Charging
Stations 52,000.00 - 52,000.00
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CAPITAL EXPENSES
EXPENSES Jul '22 –
Jun '23
Jul '23 –
Jun '24 TOTAL
TOTAL PROJECT EXPENSES 52,000.00 0.00 52,000.00
REVENUES
City Match (Cash)
A. General Fund (10%) 5,200.00 - 5,200.00
Total Cash Match 5,200.00 0.00 5,200.00
Measure I Request 46,800.00 - 46,800.00
TOTAL REVENUES 52,000.00 0.00 52,000.00
Calculated Measure I portion 90.00% 90.00% 90.00%
Table 2
OPERATIONAL EXPENSES
EXPENSES Jul '22 –
Jun '23
Jul '23 –
Jun '24 TOTAL
A. One (1) Bus Driver position: 40-
hr week 65,520.00 68,800.00 134,320.00
C. Program Support 15,000.00 15,000.00 30,000.00
D. Fuel, cost to charge vehicles,
supplies, etc. 24,300.00 20,800.00 45,100.00
E. Overhead (3%) 3,145.00 3,138.00 6,283.00
TOTAL PROJECT EXPENSES 107,965.00 107,738.00 215,703.00
REVENUES
City Match (Cash)
A. General Fund 5,500.00 5,500.00 11,000.00
B. Donations, AQMD Fund 3,000.00 3,000.00 6,000.00
Total Cash Match 8,500.00 8,500.00 17,000.00
City Match (In-Kind)
A. Program Support 12,500.00 12,500.00 25,000.00
Total In-Kind Match 12,500.00 12,500.00 25,000.00
Measure I Request 86,965.00 86,738.00 173,703.00
TOTAL REVENUES 107,965.00 107,738.00 215,703.00
Calculated Measure I portion 80.00% 80.00% 80.00%
Prior to the pandemic, the City’s transportation program has allowed senior residents of
Grand Terrace an opportunity to take advantage of a full spectrum of services and
activities, including arts and crafts, bingo, card games, educational classes, guitar
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lessons, health screenings, support groups and excursions. The Center also organizes
a wide variety of social gatherings including a monthly general meeting with
entertainment on the second Friday of every month at 10:00 am.
Since the pandemic, the City’s transportation program has allowed senior residents to
travel to the local grocery stores and restaurants within the City. The City has since
added trips to the Veterans Administration hospital.
In complying with the Center for Disease Control (CDC) guidelines of maintaining a six-
foot distance between passengers, the City’s Senior Bus (Silver Liner) has had to make
numerous trips to one location to accommodate all passengers. The increased hours of
the existing Bus Driver position will allow for additional trips, and the addition of a Part-
time Bus Driver will allow for weekend trips if warranted and can serve as a back-up for
the full-time position during leaves such as vacation, sick, etc. The Center is open from
8:00 a.m. to 3:00 p.m., Monday through Friday. The Silver Liner can be credited for
increasing attendance at the Center as the additional excursions offered by the Silver
Liner increases the mobility of seniors living in the senior housing development (Blue
Mountain Villas) attached to the Grand Terrace Senior Center (Attachment IV).
FISCAL IMPACT
Funding for this program has already been included in the fiscal year 2022-23 budget in
Fund 65.
Funding for FY2023-24 Senior Transportation Program will be included in the proposed
FY2023-24 Proposed Budget.
ATTACHMENTS:
• 1_Funding Agreement VTrans 12-16-2015 (PDF)
• 2_Assignment of funding Agreement w- Vtrans to Omnitrans (PDF)
• 3_Funding Agreeement Omnitrans-2018-50 12-11-2018 (PDF)
• 4_Funding Agreement City of Grand Terrace 2021-1 (PDF)
• Grand Terrace FY23-FY24 Agreement (DOCX)
APPROVALS:
Konrad Bolowich Completed 06/17/2022 1:17 PM
Finance Completed 06/22/2022 11:45 AM
City Manager Completed 06/22/2022 11:48 AM
City Council Pending 06/28/2022 6:00 PM
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FUNDING AGREEMENT
BETWEEN
VALLEY TRANSPORTATION SERVICES
AND
CITY OF GRAND TERRACE
THIS AGREEMENT, is made and entered into this 161h day of December, 2015 at Upland,
California, by and between Valley Transportation Services, a non-profit corporation and
Consolidated Transportation Services Agency (hereinafter "VT rans"), and City of Grand
Terrace, a municipal corporation (hereinafter "CITY").
RECITALS
WHEREAS, in its capacity as the Consolidated Transportation Services Agency
("CTSA") for the San Bernardino Valley, VTrans has the ability to provide local funds to other
entities for projects that improve mobility for persons with disabilities and senior citizens; and
WHEREAS, CITY would like to operate a curb-to-curb shuttle service for the
transportation of seniors to and from the Grand Terrace Senior Center and various other
destinations ("Project"); and
WHEREAS, VTrans desires to provide funds to CITY, on a reimbursable basis, for the
Project; and
WHEREAS, the parties wish to enter into this Funding Agreement ("Agreement") to
document the terms and conditions ofVTrans' funding of the Project.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Project Description: CITY will provide all Project services, as set forth in CITY's
Proposal, attached hereto as Exhibit A. Any proposed amendment to Exhibit A must be agreed
to in advance by the parties pursuant to a written amendment.
2. Time of Performance: This Agreement will commence on December 1, 2015. This
Agreement shall expire on November 30, 2018, unless otherwise terminated as provided for in
this Agreement or extended by written agreement between the parties.
3. Funding Amount: The amount to be paid to CITY under this Agreement will not exceed
One-Hundred Thirty-Two Thousand, Eight Hundred Seventy-Nine Dollars ($132,879), unless
agreed to in advance by the parties pursuant to a written amendment. In no instance will VTrans
be liable for any payments or costs for work in excess of this amount, nor for any unauthorized
or ineligible costs. Eligible costs shall include expenditures consistent with Measure I.
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4. Payment:
a. On a monthly basis, CITY will provide VTrans with an invoice for reimbursement
pursuant to Subsections 4.b. and 4.c., below.
b. Payments for operating expenses to CITY hereunder will be made in arrears. CITY
will submit a detailed and properly documented invoice for reimbursement not more
often than monthly, which invoice will include: (i) a description of the work
performed; and (ii) a detailed accounting of costs incurred.
c. Payments for capital expenses, including but not limited to vehicles, may be
requested in advance, upon presentation of a valid vendor invoice for such purchases.
d. CITY will be notified within ten ( 10) business days following receipt of its invoice by
VTrans of any circumstances or data in CITY's invoice that would cause withholding
of approval and subsequent payment. CITY' s invoice will include documentation of
reimbursable expenses and billed items sufficient for VTrans, in its opinion, to
substantiate billings. VTrans reserves the right to withhold payment of disputed
amounts.
e. At no time shall payments from VTrans be used to supplant or replace funding
currently provided to CITY by any funding source for CITY's existing Shuttle
Service. CITY shall notify VT rans of any potential loss of funding for the existing
Shuttle Service within ten (10) business days of learning of the funding loss.
5. Progress Reports: CITY will provide VTrans with monthly progress reports on the
Project, as set forth in Exhibit A. In cooperation with VTrans, CITY shall develop national
ridership data reporting mechanisms sufficient for reporting as part of the NTD (National Transit
Database) reporting system, and shall provide such data to VT rans.
6. Advisory Committee Participation: CITY shall attend and participate in advisory
committee meetings, as mutually agreed upon by VTrans.
7. Compliance with Laws: CITY will comply with all applicable federal, state, and local
laws, codes, ordinances, regulations, orders, circulars, and directives, including, without
limitation: (i) all regulatory requirements associated with the funding provided to CITY for this
Project; (ii) all disability laws; and (iii) non-discrimination and equal opportunity laws. Any
failure by CITY to comply with such laws may result in the termination of this Agreement or
such other remedy as VTrans deems appropriate.
8. Independent Contractor: CITY, and the agents and employees of CITY, in the
performance of this Agreement, will act as and be independent contractors, and not officers,
employees, or agents ofVTrans. CITY, its officers, employees, agents, and contractors, if any,
will have no power to bind or commit VTrans to any decision or course of action, and will not
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represent to any person or business that they have such power. CITY has and will retain the
right to exercise full control of the supervision of the Project, and over the employment,
direction, compensation, and discharge of all persons assisting in the performance of the work
funded by this Agreement. CITY will be solely responsible for all matters relating to the
payment of its employees and contractors, including but not limited to, compliance with all laws,
statutes, and regulations governing such matters.
9. Termination:
a. VTrans may terminate this Agreement for cause by giving CITY a notice of default
and intention to terminate the Agreement ("Termination Notice"). The notice will be
deemed served and effective for all purposes on the date it is deposited in the U.S.
mail, certified, return receipt requested, addressed to CITY at the address indicated in
Section 20 below.
b. Upon receipt of a Termination Notice, CITY shall have 30 days in which to cure the
stated violation(s) and to provide to VTrans sufficient evidence that the violations
have been cured. If CITY has not cured within 30 days of such notice, or has not
provided sufficient evidence of such to VTrans, the Agreement shall be terminated,
effective immediately.
c. VTrans may also terminate this Agreement in the event of Measure I or federal grant
funding shortfall, upon 15 days written notice. Such notice will be served and
effective as set forth in Subsection 9.a., herein.
d. VTrans may also terminate this Agreement in the event of a funding shortfall for
CITY's existing Shuttle Service, or the failure to provide notice to VTrans of such
funding shortfall, as required pursuant to section 4.e. In the event CITY fails to
provide the notice required pursuant to section 4.e., VTrans is not required to give
CITY an opportunity to cure such violation.
e. If VT rans issues a Termination Notice or terminates this Agreement due to a funding
shortfall, VTrans will reimburse CITY for work actually performed up to the
effective date of the Termination Notice, subject to the limitations in Section 4, and
less any compensation to VTrans for damages suffered as a result of CITY's failure to
comply with the terms of this Agreement.
f. CITY will have the right to terminate this Agreement in the event VTrans is unable to
make required payments. In such event, CITY will provide VTrans with seven (7)
days written notice of termination. The notice will be deemed served and effective on
the date it is deposited in the U.S. mail, certified, return receipt requested, addressed
to VTrans at the address indicated in Section 20. VTrans will make payment to CITY
through the date of termination, subject to the provisions of Section 4 above, and less
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any compensation to VT rans for damages suffered as a result of CITY' s failure to
comply with the terms of this Agreement.
10. Assignment: The parties understand that VTrans entered into this Agreement based on
the Project proposed by CITY. Therefore, without the prior express written consent of VTrans,
this Agreement is not assignable by CITY either in whole or in part.
11. Binding Agreement: This Agreement will be binding on the parties hereto, their assigns,
successors, administrators, executors, and other representatives.
12. Time: Time is of the essence in this Agreement and will follow the timeline set forth in
Exhibit A, unless modified pursuant to Section 13.
13. Amendments: No alteration or variation of the terms of this Agreement will be valid
unless made in writing and signed by the parties hereto, and no oral understanding or agreement
not incorporated herein, will be binding on any of the parties hereto.
14. Contractors and Subcontractors: CITY will be fully responsible for all work performed
by its contractors and subcontractors. VTrans reserves the right to review and approve any
contract or agreement to be funded in whole or in part using funds provided under this
Agreement in excess of $25,000.
15. Indemnity: CITY and VTrans are responsible for their own acts and omissions. Further,
each party agrees to indemnify, defend, and hold harmless the other party, its governing body,
officers, employees, and agents from and against any and all actions, claims, demands, losses,
damages, liabilities, costs, and expenses, including reasonable attorney's fees and costs, resulting
from the negligent acts or omissions or willful misconduct of the indemnifying party. The
provisions of this Section will survive the expiration, termination, or assignment of this
Agreement.
16. Insurance Requirements: CITY hereby warrants that it carries and shall maintain, in full
force and effect during the full term of this Agreement and any extensions to this Agreement, the
following described insurance coverage:
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(1)
(2)
(3)
POLICY MINIMUM LIMITS OF LIABILITY
Workers' Compensation; Employer's Statutory requirements for Workers'
Liability. Compensation; $1,000,000 Employer's
Liability.
Comprehensive Automobile: Bodily Injury/Property Damage $2,000,000
Insurance Services Office, form #CA each accident.
0001 covering Automobile
Liability, code 1 (any auto).
General Liability: Insurance Services $1,000,000 per occurrence. If Commercial
Office Commercial General Liability General Liability Insurance or other form
coverage (occurrence form #CG with a general aggregate limit, such limit shall
0001). apply separately to this Project or the general
aggregate limit shall be twice the required
occurrence limit.
a. Deductibles and Self-insured Retentions: Any deductibles or self-insured
retentions in excess of $5,000 must be declared to and approved by VTrans.
b. Required Provisions: The general liability and automobile liability policies are to
contain, or be endorsed to contain, the following provisions:
(1) For any claims related to this Agreement, CITY's insurance coverage shall
be primary insurance as respects VTrans, its directors, officers, employees
and agents. Any insurance or self-insurance maintained by VTrans, its
directors, officers, employees or agents shall be in excess of CITY' s
insurance and shall not contribute to it.
(2) Any failure by CITY to comply with reporting or other provisions of the
policies including breaches of warrants shall not affect coverage provided
to VTrans, its directors, officers, employees or agents.
(3) CITY'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.
(4) Each insurance policy required by this Agreement shall be endorsed to
state that coverage shall not be suspended, voided, canceled by either
party, reduced in coverage or in limits except after thirty (30) days' prior
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written notice by certified mail, return receipt requested, has been given to
VT rans.
c. Acceptabilitv of Insurers: Insurance is to be placed with insurers with a current
A.M. Best's rating of no less than A: VII, unless otherwise approved by VTrans.
d. Certificate of Insurance and Additional Insured Requirement: CITY shall furnish
to VTrans an original Certificate of Insurance on a standard ACORD form, or
other form acceptable to VTrans, substantiating the required coverages and limits
set forth above and also containing the following:
(1) Thirty (30) days prior written notice to VTrans of the cancellation, non-
renewal, or reduction in coverage of any policy listed on the Certificate;
and
(2) The following statement with respect to the Commercial General Liability
policy: "VTrans and its directors, officers, employees and agents, are
made additional insureds, but only insofar as the operations under this
Agreement are concerned."
e. Certified Copies of Policies: Upon request by VTrans, CITY shall immediately
furnish a complete copy of any policy required hereunder, including all
endorsements, with said copy certified by the insurance company to be a true and
correct copy of the original policy.
f. CITY's Responsibility: Nothing herein shall be construed as limiting in any way
the extent to which CITY may be held responsible for damages resulting from
CITY's operations, acts, omissions, or negligence. Insurance coverage obtained
in the minimum amounts specified above shall not relieve CITY of liability in
excess of such minimum coverage, nor shall it preclude VT rans from taking other
actions available to it under this Agreement or by law, including but not limited
to, actions pursuant to CITY's indemnity obligations.
17. Audit: An independent auditor shall audit CITY's use of Project funds no less than
annually. CITY agrees to supply VTrans with a copy of any audit of Project related activities
performed.
18. Retention and Inspection of Records
a. CITY, including any contractors or subcontractors, will retain all driver training
records and vehicle maintenance and safety records.
b. VTrans or its designee will have the right to review, obtain, copy, and audit all books,
records, computer records, accounts, documentation and any other materials
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pertaining to performance of this Agreement (collectively "Records"), including any
Records in the possession of any contractors or subcontractors. CITY agrees to
provide VTrans or its designee with any relevant information requested and will
permit VTrans or its designees access to its premises, upon reasonable notice, during
normal business hours, for the purpose of interviewing employees and inspecting and
copying such Records for the purpose of determining compliance with any applicable
federal and state laws and regulations.
c. CITY further agrees to maintain all Project Records for a period of four (4) years
after final payment under the Agreement or four (4) years from the conclusion or
resolution of any and all audits or litigation relevant to this Agreement and any
amendments, whichever is later. If so directed by VTrans upon expiration of this
Agreement, CITY will cause all Records relevant to the Project to be delivered to
VTrans as depository.
19. Signs: CITY will include the VTrans logo and/or Measure I signage ,~m Project related
marketing materials and on vehicles operated with VTrans funding, including:
a. Vehicles purchased or operated with Measure I funds shall display signs clearly
visible to riders indicating the vehicle is funded in part through Measure I funding.
b. Capital projects constructed by Entity using Measure I funds shall also have
Measure I signage.
f. Signage must conform with approved Measure I signage and be approved by
VT rans.
20. Project Managers: VTrans' Project Manager for this Agreement is Beth Kranda, unless
VTrans otherwise informs CITY. With the exception of notice of termination sent by certified
mail pursuant to Section 9 above, any notice, report, or other communication required by this
Agreement will be mailed by first-class mail to the VTrans Project Manager at the following
address:
Valley Transportation Services
Chief Executive Officer
299 W. Foothill Blvd, Ste. 202
Upland, CA 91786
CITY's Project Manager for this Agreement is G. Harold Duffey, City Manager. With the
exception of notice of termination sent by certified mail pursuant to Section 9 above, any notice,
report, or other communication to CITY required by this Agreement will be mailed by first-class
mail to:
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G. Harold Duffey, City Manager
City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313
21. Waivers: No waiver of any breach of this Agreement will be held to be a waiver of any
prior or subsequent breach. The failure of VTrans to enforce at any time the provisions of this
Agreement or to require at any time performance by CITY of these provisions, will in no way be
construed to be a waiver of such provisions nor to affect the validity of this Agreement or the
right of VT rans to enforce these provisions.
22. Litigation: CITY will notify VTrans immediately of any claim or action undertaken by it
or against it that affects or may affect this Agreement or VTrans, and will take such action with
respect to the claim or action as is consistent with the terms of this Agreement and the interests
ofVTrans.
23. Non-Liability of VTrans: VTrans shall not be liable to CITY or any third party for any
claim for loss of profits or consequential damages. Further, VTrans shall not be liable to CITY
or any third party for any loss, cost, claim or damage, either direct or consequential, allegedly
arising from a delay in performance or failure to perform under this Agreement.
24. Costs and Attorneys' Fees: If either party commences any legal action against the other
party arising out of this Agreement or the performance thereof, the prevailing party in such
action may recover its reasonable litigation expenses, including court costs, expert witness fees,
discovery expenses, and reasonable attorneys' fees.
25. Governing Law and Choice of Forum: This Agreement will be administered and
interpreted under California law as if written by both parties. Any litigation arising from this
Agreement will be brought in the Superior Court of San Bernardino County.
26. Integration: This Agreement represents the entire understanding of VT rans and CITY as
to those matters contained herein and supersedes all prior negotiations, representations, or
agreements, both written and oral. This Agreement may not be modified or altered except in
accordance with Section 13.
27. Severability: If any term or provision of this Agreement or the application thereof to any
person or circumstance will, to any extent, be invalid or unenforceable, the remainder of this
Agreement, or the application of such term or provision to persons or circumstances other than
those to which it is invalid or unenforceable, will not be affected thereby, and each term and
provision of this Agreement will be valid and will be enforced to the fullest extent permitted by
law, unless the exclusion of such term or provision, or the application of such term or provision,
would result in such a material change so as to cause completion of the obligations contemplated
herein to be unreasonable.
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28. Headings: The headings of the various sections of this Agreement are intended solely for
convenience of reference and are not intended to explain, modify, or place any interpretation
upon any of the provisions of this Agreement.
29. Authority: Each person signing this Agreement on behalf of a party hereby certifies,
represents, and warrants that he or she has the authority to bind that party to the terms and
conditions of this Agreement.
30. Ownershio: Permission: VTrans represents and warrants that all materials used in the
performance of the Project work, including, without limitation, all computer software materials
and all written materials, are either produced and owned by CITY or that all required
permissions and license agreements have been obtained and paid for by CITY. CITY will
defend, indemnify and hold harmless VTrans and its directors, officers, employees, and agents
from any claim, loss, damage, cost, liability, or expense to the extent of any violation or falsity of
the foregoing representation and warranty.
31. Counterparts: This Agreement may be executed in multiple counterparts, each of which
will constitute an original, and all of which taken together will constitute one and the same
instrument.
32. Press Releases: CITY will obtain VTrans' prior written approval of any press releases, or
other public outreach materials, that include any reference to VT rans or depiction of the VT rans
logo.
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement, as of the
date first appearing above.
By:
~
Sam Spagno G. Harold Duffey, City Manager
Valley Transportation Services
Approved as to form:
l . . ·fa~t1!w City of Grand Terrace Attorney
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EXHIBIT A
BACKGROUND
The City of Grand Terrace Senior Center provides a full spectrum of services and activities,
including: arts and crafts, bingo, card games, educational classes, guitar lessons, health
screenings, support groups and excursions. The Center also has a wide variety of social
gatherings including a monthly general meeting with entertainment on the second Friday of
every month at lO:OOam. The Center is open from 8:00am to 3:00pm, Monday through Friday.
The Family Services Association operates a senior nutrition program at the Senior Center by
providing lunch on a daily basis from 11 :30am to 12:30pm at a cost of $3.00 (recommended
donation) for seniors aged 60+ and $5 for those under 60 years old. The Senior Center and the
senior nutrition program are underutilized and City Staff believe that the lack of transportation
service to the Center is a significant contributing factor.
PROJECT DESCRIPTION
The City of Grand Terrace is proposing to lease a VT rans bus to provide a five (5) day per week
Senior Transportation Program that will begin with daily rides to and from the Senior Center.
The Center also coordinates an annual excursion trip for seniors to explore Southern California.
The bus may be used for this service. The program could eventually expand to include other ride
services, for example, rides to and from the grocery store or the doctor's office/Kaiser
Permanente. Seniors will be allowed to purchase a weekly or monthly pass. The weekly pass will
be $2.50 and will include 5 round trips to the Senior Center. A monthly pass will be $10.00 and
include 20 round trips to the Senior Center. A major marketing effort the City would like to
implement for the Senior Transportation Program is a vehicle wrap for the bus. The City
understands that VTrans must first approve the wrap design, and in addition to the City of Grand
Terrace logo the VTrans and Measure I logos will also need to be included.
Year 1 Budget
Salaries $49,478.00
Vehicle & Insurance $3,101.00
Fuel $3,000.00
Marketing & $3,100.00
Advertising
Excursions/Misc. $1,200.00
Total $59,879.00
CITY RESPONSIBILITIES
CITY will provide Project services, including but not limited to:
1. CITY will provide cub-to-curb shuttle services, as described above.
2. CITY will account for all funding received from VTrans in an agreed upon format.
Monthly financial reports on the Project, including year-to-date expenses, will also be
provided.
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3. CITY will provide monthly progress reports on the Project, including but not limited to:
monthly ridership numbers, trips provided, cost per trip, monthly expenses, project
milestones, and/or any other data deemed mutually beneficial.
4. CITY will keep records of demographic information pertaining to disability, age and
income, as applicable.
PROJECT MILESTONES
The City has never had a senior transportation program so it is difficult to project ridership, but
City Staff projects an average of at least five (5) daily I (20) weekly riders as the program begins.
The Senior Center currently has 160 members. The goal will be to increase the bus ridership
numbers over the first year through marketing efforts and outreach. The projected launch date of
this program is January 1, 2016.
PERFORMANCE CRITERIA
Project performance will be evaluated annually, or more frequently as determined by VTrans. If
participation in the Project is significantly less than anticipated by VTrans and CITY, or if
VT rans determines that the quality of performance by CITY is insufficient, as determined by
VTrans, VT rans may modify this Exhibit A, or terminate this Agreement as provided in Section
9 herein.
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FUNDING AGREEMENT
BETWEEN
OMNITRANS
AND
CITY OF GRAND TERRACE
This Funding Agreement for Measure I funds ("Agreement") by and between the City of Grand
Terrace, a municipal government and Omnitrans, a Joint Powers Authority and a Consolidated
Transportation Services Agency("Omnitrans"), is entered into this_[_L_day of
yilyiASA4_ , 2018. The City of Grand Terrace and Omnitrans are sometimes individually
referred to as "Party" and collectively as "Parties."
RECITALS
WHEREAS, in its capacity as the Consolidated Transportation Services Agency
CTSA") for the San Bernardino Valley, Omnitrans has the ability to provide Measure I funds
to other entities for projects that improve mobility for persons with disabilities, senior citizens,
and persons of low income; and
WHEREAS, the City of Grand Terrace currently operates its Senior Transportation
Program("Project") which provides weekday curb-to-curb transportation for seniors to and from
the Grand Terrace Senior Center for lunch, social activities, and planned outings in the
community; and
WHEREAS, the City of Grand Terrace would like to continue operating its Senior
Transportation Program; and
WHEREAS, Omnitrans desires to provide operating assistance funds to the City of
Grand Terrace, on a reimbursable basis, for the Project; and
WHEREAS, the parties wish to enter into this Agreement to document the terms and
conditions of Omnitrans funding of the Project.
NOW, THEREFORE,THE PARTIES AGREE AS FOLLOWS:
1. Project Description: The City of Grand Terrace will continue to operate its curb-to-curb
transportation program for seniors between their homes and the Grand Terrace Senior Center on
weekdays. The service is branded the "Blue Mountain Silver-Liner" and is provided through a
City owned 12-passenger bus, as set forth in the City of Grand Terrace's Project, attached hereto
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5. Progress Reports: In cooperation with Omnitrans, the City of Grand Terrace shall
develop national ridership data reporting mechanisms sufficient for reporting as part of the NTD
National Transit Database) reporting system, and shall provide such data to Omnitrans monthly.
6. Advisory Committee Participation: The City of Grand Terrace shall attend and
participate in advisory committee meetings, as mutually agreed upon by Omnitrans and the San
Bernardino County Transportation Authority.
7. Compliance with Laws: The City of Grand Terrace will comply with all applicable
federal, state, and local laws, codes, ordinances, regulations, orders, circulars, and directives,
including, without limitation: (i) all regulatory requirements associated with the funding
provided to the City of Grand Terrace for this Project; (ii) all disability laws; and (iii) non-
discrimination and equal opportunity laws. Any failure by the City of Grand Terrace to comply
with such laws may result in the termination of this Agreement or such other remedy as
Omnitrans deems appropriate.
8. Independent Contractor: The City of Grand Terrace, and the agents and employees of the
City of Grand Terrace,in the performance of this Agreement, will act as and be independent
contractors, and not officers, employees, or agents of Omnitrans. The City of Grand Terrace, its
officers, employees, agents, and contractors, if any, will have no power to bind or commit
Omnitrans to any decision or course of action, and will not represent to any person or business
that they have such power. The City of Grand Terrace has and will retain the right to exercise
full control of the supervision of the Project, and over the employment, direction, compensation,
and discharge of all persons assisting in the performance of the work funded by this Agreement.
The City of Grand Terrace will be solely responsible for all matters relating to the payment of its
employees and contractors, including but not limited to, coripliance with all laws, statutes, and
regulations governing such matters.
9. Termination:
a. Omnitrans may terminate this Agreement for cause by giving the City of Grand
Terrace a notice of default and intention to terminate the Agreement ("Termination
Notice"). The notice will be deemed served and effective for all purposes on the date
it is deposited in the U.S. mail, certified, return receipt requested, addressed to the
City of Grand Terrace at the address indicated in Section 19 below.
b. Upon receipt of a Termination Notice, the City of Grand Terrace shall have 30 days
in which to cure the stated violation(s) and to provide to Omnitrans sufficient
evidence that the violations have been cured. If the City of Grand Terrace has not
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cured within 30 days of such notice, or has not provided sufficient evidence of such to
Omnitrans, the Agreement shall be terminated, effective immediately.
c. Omnitrans may also terminate this Agreement in the event of Measure I or federal
grant funding shortfall, upon 15 days written notice. Such notice will be served and
effective as set forth in Subsection 9.a., herein.
d. Omnitrans may also terminate this Agreement in the event of a funding shortfall for
the City of Grand Terrace's Program or the failure to provide notice to Omnitrans of
such funding shortfall, as required pursuant to section 4.e. In the event the City of
Grand Terrace fails to provide the notice required pursuant to section 4.e., Omnitrans
is not required to give the City of Grand Terrace an opportunity to cure such
violation.
e. If Omnitrans issues a Termination Notice or terminates this Agreement due to a
funding shortfall, Omnitrans will reimburse the City of Grand Terrace for work
actually performed up to the effective date of the Termination Notice, subject to the
limitations in Section 4, and less any compensation to Omnitrans for damages
suffered as a result of the City of Grand Terrace's failure to comply with the terms of
this Agreement.
f. The City of Grand Terrace will have the right to terminate this Agreement in the
event Omnitrans is unable to make required payments. In such event, the City of
Grand Terrace will provide Omnitrans with seven (7) days written notice of
termination. The notice will be deemed served and effective on the date it is
deposited in the U.S. mail, certified, return receipt requested, addressed to Omnitrans
at the address indicated in Section 19. Omnitrans will make payment to the City of
Grand Terrace through the date of termination, subject to the provisions of Section 4
above, and less any compensation to Omnitrans for damages suffered as a result of
the City of Grand Terrace's failure to comply with the terms of this Agreement.
10. Assignment: The parties understand that Omnitrans entered into this Agreement based
on the Project proposed by the City of Grand Terrace. Therefore, without the prior express
written consent of Omnitrans, this Agreement is not assignable by the City of Grand Terrace
either in whole or in part.
11. Binding Agreement: This Agreement will be binding on the parties hereto, their assigns,
successors, administrators, executors, and other representatives.
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12. Amendments: No alteration or variation of the terms of this Agreement will be valid
unless made in writing and signed by the parties hereto, and no oral understanding or agreement
not incorporated herein, will be binding on any of the parties hereto.
13. Contractors and Subcontractors: The City of Grand Terrace will be fully responsible for
all work performed by its contractors and subcontractors. Omnitrans reserves the right to review
and approve any contract or agreement to be funded in whole or in part using funds provided
under this Agreement in excess of$25,000.
14. Indemnification. The City of Grand Terrace shall defend, indemnify and hold Omnitrans,
its directors, officials, officers, employees, agents and/or:volunteers free and harmless from any
and all liability from loss, damage, or injury to property or persons, including wrongful death, in
any manner arising out of or incident to any acts, omissions or willful misconduct of City of
Grand Terrace or any of its directors, officials, officers, employees, agents, volunteers, or service
providers arising out of or in connection with the City of Grand Terrace's performance of this
Agreement, including, without limitation, the payment of consequential damages and attorneys'
fees. Further, the City of Grand Terrace shall defend, at its own expense, including the payment
of attorneys' fees, Omnitrans, its officials, officers, employees, agents and/or volunteers in any
legal action based upon such acts, omissions or willful misconduct. The City of Grand Terrace
shall reimburse Omnitrans, its directors, officials, officers, employees, agents and/or volunteers,
for any and all legal expenses and costs incurred by each of them in connection therewith or in
enforcing the indemnity herein provided.
15. Insurance. The City of Grand Terrace shall require all contractors or consultants hired to
perform work or services on the Project to obtain, and require their sub-consultants and sub-
contractors to obtain, insurance of the types and in the amounts described below and satisfactory
to Omnitrans. Such insurance shall be maintained throughout'the term of this Agreement, or until
completion of the Project, whichever occurs last. Upon request, the City of Grand Terrace will
provide written certificates evidencing compliance to Omnitrans.
a.Commercial General Liability Insurance. Occurrence version commercial general
liability insurance or equivalent form with a combined single limit of not less than
1,000,000.00 per occurrence. If such insurance contains a general aggregate
limit, it shall.apply separately to the Project or be no less than two times the
occurrence limit. Such insurance shall:
1) Name Omnitrans, its officials, officers, employees, agents, and consultants
as an additional insured with respect to performance of the work or
services on the Project and shall contain no special limitations on the
scope of coverage or the protection afforded to these insured;
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2) Be primary with respect to any insurance or self-insurance programs
covering Omnitrans, its officials, officers, employees, agents, and
consultants; and
3) "Contain standard separation of insured provisions.
b. Business Automobile Liability Insurance. Business automobile liability insurance
or equivalent form with a combined single limit of not less than $1,000,000.00 per
occurrence. Such insurance shall include coverage for owned, hired and non-
owned automobiles.
C.Workers' Compensation Insurance. Workers' compensation insurance with
statutory limits and employers' liability insurance with limits of not less than
1,000,000.00 each accident.
16. Audit: An independent auditor shall audit the City of Grand Terrace's use of Project
funds no less than annually. The City of Grand Terrace agrees to supply Omnitrans with a copy
of any audit of Project related activities performed.
17. Retention and Inspection of Records
a. The City of Grand Terrace, including any contractors or subcontractors, will retain all
driver training records and vehicle maintenance and safety records.
b. Omnitrans or its. designee will have the right to review, obtain, copy, and audit all
books, records, computer records, accounts, documentation and any other materials
pertaining to performance of this Agreement (collectively "Records"), including any
Records in the possession of any contractors or subcontractors. The City of Grand
Terrace agrees to provide Omnitrans or its designee with any relevant information
requested and will permit Omnitrans or its designees access to its premises, upon
reasonable notice, during normal business hours, for the purpose of interviewing
employees and inspecting and copying such Records for the purpose of determining
compliance with any applicable federal and state laws and regulations.
c. The City of Grand Terrace further agrees to maintain all Project Records for a period
of four (4) years after final payment under the Agreement or four (4) years from the
conclusion or resolution of any and all audits or litigation relevant to this Agreement
and any amendments, whichever is later. If so directed by Omnitrans upon expiration
of this Agreement, the City of Grand Terrace will cause all Records relevant to the
Project to be delivered to Omnitrans as depository.
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18. Ste_ The City of Grand Terrace will include the Omnitrans logo and/or Measure I
signage on Project related marketing materials and on.vehicles operated with Omnitrans funding,
including:
a. Vehicles purchased or operated with Measure I funds shall display signs clearly
visible to riders indicating the vehicle is funded in part through Measure I funding.
b. Signage must conform with approved Measure I signage and be approved by
Omnitrans.
19. Notices. All notices hereunder shall be in writing and shall be effective upon receipt. All
notices and communications, including invoices, between the Parties to this Agreement shall be
either personally delivered, sent by first-class mail, return receipt requested, or sent by overnight
express delivery service, postage or other charges fully prepaid, as follows:
TO OMNITRANS:TO THE CITY OF GRAND TERRACE:
Omnitrans City of Grand Terrace
1700 West Fifth Street 22795 Barton Road
San Bernardino, CA 92411 Grand Terrace, CA 92313
ATTN: Director Special Transportation ATTN:,G. Harold Duffey, City Manager
Services
20. Waivers: No waiver of any breach of this Agreement will be held to be a waiver of any
prior or subsequent breach. The failure of Omnitrans to enforce at any time the provisions of this
Agreement or to require at any time performance by the City of Grand Terrace of these
provisions, will in no way be .construed to be a waiver of such provisions nor to affect the
validity of this Agreement or the right of Omnitrans to enforce these provisions.
21. Litigation: The City of Grand Terrace will notify Omnitrans immediately of any claim or
action undertaken by it or against it that affects or may affect this Agreement or Omnitrans, and
will take such action with respect to the claim or action as is consistent with the terms of this
Agreement and the interests of Omnitrans.
22. Non-Liability of Omnitrans: Omnitrans shall not be liable to the City of Grand Terrace or
any third party for any claim for loss of profits or consequential damages. Further, Omnitrans
shall not be liable to the City of Grand Terrace or any third party for any loss, cost, claim or
damage, either direct or consequential, allegedly arising from a delay in performance or failure to
perform under this Agreement.
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23. Costs and Attorneys' Fees: If either party commences any legal action against the other
party arising out of this Agreement or the performance thereof, the prevailing party in such
action may recover its reasonable litigation expenses, including court costs, expert witness fees,
discovery expenses, and reasonable attorneys' fees.
24. Governing_Law and Choice of Forum: This Agreement will be administered and
interpreted under California law as if written by both parties. Any litigation arising from this
Agreement will be brought in the Superior Court of San Bernardino County.
25. Integration: This Agreement represents the entire understanding of Omnitrans and the
City of Grand Terrace as to those matters contained herein and supersedes all prior negotiations,
representations, or agreements, both written and oral. This Agreement may not be modified or
altered except in accordance with Section 12.
26. Severability: If any term or provision of this Agreement or the application thereof to any
person or circumstance will, to any extent, be invalid or unenforceable, the remainder of this
Agreement, or the application of such term or provision to persons or circumstances other than
those to which it is invalid or unenforceable, will not be affected thereby, and each term and
provision of this Agreement will be valid and will be enforced to the fullest extent permitted by
law, unless the exclusion of such term or provision, or the application of such term or provision,
would result in such a material change so as to cause completion of the obligations contemplated
herein to be unreasonable.
27. Headings: The headings of the various sections of this Agreement are intended solely for
convenience of reference and are not intended to explain, modify, or place any interpretation
upon any of the provisions of this Agreement.
28. Authority: Each person signing this Agreement on behalf of a party hereby certifies,
represents, and warrants that he or she has the authority to bind that party to the terms and
conditions of this Agreement.
29. Ownership; Permission: The City of Grand Terrace represents and warrants that all
materials used in the performance of the Project work, including, without limitation, all computer
software materials and all written materials, are either produced or owned by the City of Grand
Terrace or that all required permissions and license agreements have been obtained and paid for
by the City of Grand Terrace. The City of Grand Terrace will defend, indemnify and hold
harmless Omnitrans and its directors, officers, employees, and agents from any claim, loss,
damage, cost, liability, or expense to the extent of any violation or falsity of the foregoing
representation and warranty.
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30. Counterparts: This Agreement may be executed in multiple counterparts, each of which
will constitute an original, and all of which taken together will constitute one and the same
instrument.
31. Press Releases: The City of Grand Terrace will obtain Omnitrans' prior written approval
of any press releases, or other public outreach materials, that include any reference to Omnitrans
or depiction of the Omnitrans logo.
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement, as of the
date first appearing above.
Signatures on following page]
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SIGNATURE PAGE
TO
FUNDING AGREEMENT
BETWEEN
OMNITRANS
AND
CITY OF GRAND TERRACE
By:
A)op-"Iscott Graham G. Har d ffey
CEO/General Manager City M ger
Omnitrans City of Grand Terrace
Approved a
O itians Legal Counsel City of Grand Terrace Legal Counsel
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EXHIBIT A
Project Narrative
Background:
The City of Grand Terrace Senior Transportation Program has provided seniors with curb-to-
curb transportation services to and from the Grand Terrace Senior Center, Monday through
Friday, for lunch, activities, appointments and planned outings, since May of 2016. This
increasingly popular program has seen a steady rise in its participation from its inception in
2016. The average number of passenger rides per month in the past three months (June, July and
August 2018) of 254, is 56.15% higher than from the same span of time one year ago when the
program averaged 162.66 passenger rides per month, and 662.76% higher than the same span of
time during the program's first year, 2016, when the program averaged 33.33 passenger rides per
month.
The Senior Transportation Program is a valued part of the community and provides the City's
senior residents the opportunity to meet for lunch, socialize, play games, make special trips, and
be active, all by providing a convenient, local form of transportation.
Project Description:
The City utilizes a Ford E-450, 12-passenger bus, branded the "Blue Mountain Silver-Liner", to
transport senior residents to and from the Senior Center, Monday through Friday, as well as to
City events on weekends. The City of Grand Terrace is proposing to continue existing shuttling
services, as well as to expand ridership through targeted community outreach, offering special
excursions and continuing to respond to the suggestions of City staff working at the Senior
Center.
The original function of the Senior Transportation Program, to provide senior residents
transportation to the Senior Center for lunch, is currently being served daily. Senior residents can
schedule their pickup to the Senior Center, stay for lunch, games and activities, or to travel to the
pre-scheduled bus destination for that day and receive a return ride home. Pre-scheduled
destinations include daily trips to nearby shopping, restaurants, bank visits or special excursions
to nearby entertainment. Shopping destinations include visits to Colton's Citrus Plaza, Ross, the
99 Cents Store, Wal-Mart, Target, CVS/Walgreens, as well as the Inland Center Mall, in San
Bernardino. Restaurant visits include trips to local destinations such as Thai Kitchen, La Pasta
Italia, Maria's, or Odalberto's, as well as trips to restaurants on Hospitality Lane, in San
Bernardino, or even Serrano Buffet, at San Manuel Casino. Special excursions are also regularly
planned and include trips to the movies, Redlands Bowl, or local theatrical presentations.
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Trips are planned based upon historically successful ridership data, as well as through rider and
staff feedback. The Grand Terrace Senior Club meets each month at the Grand Terrace Senior
Center. The Senior Club has a sub-committee in charge of activities which provides feedback
and suggestions for the Senior Transportation Program. Following the direction provided by this
feedback, the Senior Bus has been used to transport senior residents to requested destinations
such as the local barber, Serrano Buffet and to the movies.
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EXHIBIT B
Proiect Budget
Exhibit A
PROPOSED PROJECT BUDGET
Agency Name: City of Grand Terrace
Project Title: Senior Transportation Pro ram mnr rair s
EXPENSES PO61..%T Dec'18-Dee'18 Jan'20-Dee'20 TOTAL
Salaries by Position(oxhide benefits):
Example:drivers,scheduler,trainer etc,)
A Shuttle Driver 1 tED 100% S 26,000.00 S 26,650.00 $ 52,650.00
B.Benefits 17,204.00 $ 17,634.00 $ 34,838,00
C. S
D. S
E. S
F.
Total Salaries B Benefits. - 43,204:00 -$_.44.284.00 $ 87,468.00.
Non-Personnel Expenses-
Example:fuel,rent,insurance,utilities etc.)
A Vehicle Fuel 4,080.00 $ 4.18200 $ 8,262.00
B.Vehicle Insurance S 632G0 $ 546,00 S 1,078.00
C.Vehicle Maintenance 3,SOD.00 $ 3.585.00 $ 7.088.00
D.Marketing 1,000.00 $ 1,02G.G0 S 2,025.00
E.Miscellaneous(Telephone,Office Supplies,etc.) S 160.00 $ 164.00 S 324.00
F
Total Non-Pemonnel Expenses 9.272.00 S 9,505.O0--$ MT77.00
Administrative Overhead calculated at 3%) 1,574.28 $ 1.613.67 S 3,187.95
TOTALIPROJECTEXPENSES- 5' ' 54,050:28 5 402,675 S 109,452s5
REVENUES
Agency Match(Cash)
Example:General Fund,CDBG,Donations,etc)
A.General Fund 15:000.00 S 15,000.00 $ 30,000.00
B.Donations 450.00 S 450,00 $ 900.00
C.
D.
E.
F.
Total Cash Match S 15,450.00 $ 15,450.00 $ 30,960.00
Agency Match(In-Kind)Pauaoe rcTim.
Salaries by Positron(ewiude benelits):
A. S
B.
C. S S
D. S
E.
F. S S
G. Is
Total In-Kind Match, S Is
a
NtA '" ,r TF ,.. Iw`
a (,,q•'.
Measure I Request 38,600.28 $ 39,95267 $ 78,552.95
TtSTAL REVENUES.:"S Sa,oso.is $ ss;aoz.e7- $' - 109,452.95
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1700 W.Fifth St.OmniTrans San Bernardino,CA 92411
909-379-7100
Connecting Our Community. www.omnitrans.org
TO: G. Harold Duffey, City Manager of the City of Grand Terrace
FROM: Marcus Garcia, Programs Administrator
DATE: Wednesday, December 12, 2018
RE: Measure I Funding Agreement Through December 31, 2020
Please find enclosed two copies of the Measure I Funding Agreement for your organization
which was approved by the Omnitrans Board of Directors on November 7, 2018. Both
copies contain the original signatures of both the CEO/General Manager and Legal Counsel
of Omnitrans.
One of the copies with original signatures from Omnitrans is for your organization's
records, and the other should be returned to Omnitrans with the signature of the
designated representative named on the document. If your organization's policies require
review from Legal Counsel, a space is also provided for their signature as well. The
addressed envelope provided can be used to return one copy with original signatures from
your organization via U.S. Mail. The original copy should be submitted to the following
address:
Omnitrans Special Transportation Services
Attn: Marcus Garcia, Programs Administrator
1700 W. Sth Street
San Bernardino, CA 92411-2401
Please do not hesitate to contact me at (909) 379-7343 or marcus.garcia@omnitrans.org
with any questions related to this matter.
Sincerely,
Marcus Garcia
Programs.Administrator
Omnitrans Special Transportation Services
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1
FUNDING AGREEMENT BETWEEN OMNITRANS AND
CITY OF GRAND TERRACE This Funding Agreement for Measure I funds (“Agreement”) by and between the City of Grand
Terrace, a municipal government and Omnitrans, a Joint Powers Authority and a Consolidated
Transportation Services Agency (“Omnitrans”), is entered into this 1st day of January, 2021. The
City of Grand Terrace and Omnitrans are sometimes individually referred to as “Party” and
collectively as “Parties.”
RECITALS
WHEREAS, in its capacity as the Consolidated Transportation Services Agency
(“CTSA”) for the San Bernardino Valley, Omnitrans has the ability to provide Measure I funds to
other entities for projects that improve mobility for persons with disabilities, senior citizens, and
persons of low income; and
WHEREAS, the City of Grand Terrace currently operates its Senior Transportation
Program (“Project”) which provides weekday curb-to-curb transportation for seniors to and from
the Grand Terrace Senior Center for lunch, social activities, and planned outings in the community;
and
WHEREAS, the City of Grand Terrace would like to continue operating its Senior
Transportation Program; and
WHEREAS, Omnitrans desires to provide capital and operating assistance funds to the
City of Grand Terrace, on a reimbursable basis, for the Project; and
WHEREAS, the parties wish to enter into this Agreement to document the terms and
conditions of Omnitrans funding of the Project.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Project Description: The City of Grand Terrace will introduce a zero-emission carshare and
rideshare program for use by its residents and community composed of two (2) zero emission
vehicles. The program will serve senior individuals (62 years and older) as well as persons with
disabilities, as set forth in the City of Grand Terrace’s Project, attached hereto as Exhibit A. Any
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2
proposed amendment to Exhibit A must be agreed to in advance by the parties pursuant to a written
amendment.
2. Term: This Agreement will be for a term of two (2) years and shall expire on December
31, 2022, unless otherwise terminated as provided for in this Agreement or extended by written
agreement between the parties.
3. Funding Amount: The amount to be paid to the City of Grand Terrace under this
Agreement will not exceed $190,900 in operating expenses, with an annual not to exceed amount
of $95,092 in Calendar Year 2021 and $95,808 in Calendar Year 2022. A total of $128,880 in
capital expenses, with annual not to exceed amounts of $87,840 in Calendar Year 2021 and
$41,040 in Calendar Year 2022-unless agreed to in advance by the parties pursuant to a written
amendment. In no instance will Omnitrans be liable for any payments or costs for work in excess
of these amounts, nor for costs not listed in Project Budget, attached hereto as Exhibit B.
4. Payment:
a. On a monthly basis, the City of Grand Terrace will provide Omnitrans with an invoice
for reimbursement pursuant to Subsections 4.b. and 4.c., below.
b. Payments for operating expenses to the City of Grand Terrace hereunder will be made
in arrears. The City of Grand Terrace will submit a detailed and properly documented
invoice for reimbursement not more often than monthly, which invoice will include:
(i) a description of the work performed; and (ii) a detailed accounting of costs incurred.
c. Payments for capital expenses, including but not limited to vehicles, may be requested
in advance, upon presentation of a valid vendor invoice for such purchases
d. The City of Grand Terrace will be notified within ten (10) business days following
receipt of its invoice by Omnitrans of any circumstances or data in the City of Grand
Terrace’s invoice that would cause withholding of approval and subsequent payment.
The City of Grand Terrace’s invoice will include documentation of reimbursable
expenses and billed items sufficient for Omnitrans, in its opinion, to substantiate
billings. Omnitrans reserves the right to withhold payment of disputed amounts.
e. At no time shall payments from Omnitrans be used to supplant any existing funding
source for the City of Grand Terrace’s Senior Transportation Program. The City of
Grand Terrace shall notify Omnitrans of any potential loss of funding for the existing
City of Grand Terrace services within ten (10) business days of learning of the funding
loss.
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5. Progress Reports: In cooperation with Omnitrans, the City of Grand Terrace shall develop
national ridership data reporting mechanisms sufficient for reporting as part of the NTD (National
Transit Database) reporting system, and shall provide such data to Omnitrans monthly.
6. Advisory Committee Participation: The City of Grand Terrace shall attend and participate
in advisory committee meetings, as mutually agreed upon by Omnitrans and the San Bernardino
County Transportation Authority.
7. Compliance with Laws: The City of Grand Terrace will comply with all applicable federal,
state, and local laws, codes, ordinances, regulations, orders, circulars, and directives, including,
without limitation: (i) all regulatory requirements associated with the funding provided to the City
of Grand Terrace for this Project; (ii) all disability laws; and (iii) non-discrimination and equal
opportunity laws. Any failure by the City of Grand Terrace to comply with such laws may result
in the termination of this Agreement or such other remedy as Omnitrans deems appropriate.
8. Independent Contractor: The City of Grand Terrace, and the agents and employees of the
City of Grand Terrace, in the performance of this Agreement, will act as and be independent
contractors, and not officers, employees, or agents of Omnitrans. The City of Grand Terrace, its
officers, employees, agents, and contractors, if any, will have no power to bind or commit
Omnitrans to any decision or course of action, and will not represent to any person or business that
they have such power. The City of Grand Terrace has and will retain the right to exercise full
control of the supervision of the Project, and over the employment, direction, compensation, and
discharge of all persons assisting in the performance of the work funded by this Agreement. The
City of Grand Terrace will be solely responsible for all matters relating to the payment of its
employees and contractors, including but not limited to, compliance with all laws, statutes, and
regulations governing such matters.
9. Termination:
a. Omnitrans may terminate this Agreement for cause by giving the City of Grand Terrace
a notice of default and intention to terminate the Agreement (“Termination Notice”).
The notice will be deemed served and effective for all purposes on the date it is
deposited in the U.S. mail, certified, return receipt requested, addressed to the City of
Grand Terrace at the address indicated in Section 19 below.
b. Upon receipt of a Termination Notice, the City of Grand Terrace shall have 30 days in
which to cure the stated violation(s) and to provide to Omnitrans sufficient evidence
that the violations have been cured. If the City of Grand Terrace has not cured within
30 days of such notice, or has not provided sufficient evidence of such to Omnitrans,
the Agreement shall be terminated, effective immediately.
E.6.d
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c. Omnitrans may also terminate this Agreement in the event of Measure I or federal grant
funding shortfall, upon 15 days written notice. Such notice will be served and effective
as set forth in Subsection 9.a., herein.
d. Omnitrans may also terminate this Agreement in the event of a funding shortfall for the
City of Grand Terrace’s Program or the failure to provide notice to Omnitrans of such
funding shortfall, as required pursuant to section 4.e. In the event the City of Grand
Terrace fails to provide the notice required pursuant to section 4.e., Omnitrans is not
required to give the City of Grand Terrace an opportunity to cure such violation.
e. If Omnitrans issues a Termination Notice or terminates this Agreement due to a funding
shortfall, Omnitrans will reimburse the City of Grand Terrace for work actually
performed up to the effective date of the Termination Notice, subject to the limitations
in Section 4, and less any compensation to Omnitrans for damages suffered as a result
of the City of Grand Terrace’s failure to comply with the terms of this Agreement.
f. The City of Grand Terrace will have the right to terminate this Agreement in the event
Omnitrans is unable to make required payments. In such event, the City of Grand
Terrace will provide Omnitrans with seven (7) days written notice of termination. The
notice will be deemed served and effective on the date it is deposited in the U.S. mail,
certified, return receipt requested, addressed to Omnitrans at the address indicated in
Section 19. Omnitrans will make payment to the City of Grand Terrace through the
date of termination, subject to the provisions of Section 4 above, and less any
compensation to Omnitrans for damages suffered as a result of the City of Grand
Terrace’s failure to comply with the terms of this Agreement.
10. Assignment: The parties understand that Omnitrans entered into this Agreement based on
the Project proposed by the City of Grand Terrace. Therefore, without the prior express written
consent of Omnitrans, this Agreement is not assignable by the City of Grand Terrace either in
whole or in part.
11. Binding Agreement: This Agreement will be binding on the parties hereto, their assigns,
successors, administrators, executors, and other representatives.
12. Amendments: No alteration or variation of the terms of this Agreement will be valid unless
made in writing and signed by the parties hereto, and no oral understanding or agreement not
incorporated herein, will be binding on any of the parties hereto.
13. Contractors and Subcontractors: The City of Grand Terrace will be fully responsible for
all work performed by its contractors and subcontractors. Omnitrans reserves the right to review
E.6.d
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and approve any contract or agreement to be funded in whole or in part using funds provided under
this Agreement in excess of $25,000.
14. Indemnification. The City of Grand Terrace shall defend, indemnify and hold Omnitrans,
its directors, officials, officers, employees, agents and/or volunteers free and harmless from any
and all liability from loss, damage, or injury to property or persons, including wrongful death, in
any manner arising out of or incident to any acts, omissions or willful misconduct of City of Grand
Terrace or any of its directors, officials, officers, employees, agents, volunteers, or service
providers arising out of or in connection with the City of Grand Terrace’s performance of this
Agreement, including, without limitation, the payment of consequential damages and attorneys'
fees. Further, the City of Grand Terrace shall defend, at its own expense, including the payment
of attorneys' fees, Omnitrans, its officials, officers, employees, agents and/or volunteers in any
legal action based upon such acts, omissions or willful misconduct. The City of Grand Terrace
shall reimburse Omnitrans, its directors, officials, officers, employees, agents and/or volunteers,
for any and all legal expenses and costs incurred by each of them in connection therewith or in
enforcing the indemnity herein provided.
15. Insurance. The City of Grand Terrace shall require all contractors or consultants hired to
perform work or services on the Project to obtain, and require their sub-consultants and sub-
contractors to obtain, insurance of the types and in the amounts described below and satisfactory
to Omnitrans. The City of Grand Terrace may satisfy its insurance obligations herein through
participation in a program of self-insurance. Such insurance shall be maintained throughout the
term of this Agreement, or until completion of the Project, whichever occurs last. Upon request,
the City of Grand Terrace will provide written certificates evidencing compliance to Omnitrans.
a. Commercial General Liability Insurance. Occurrence version commercial general
liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall:
b. Business Automobile Liability Insurance. Business automobile liability insurance
or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
c. Workers’ Compensation Insurance. Workers’ compensation insurance with
statutory limits and employers’ liability insurance with limits of not less than
$1,000,000.00 each accident.
E.6.d
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16. Audit: An independent auditor shall audit the City of Grand Terrace’s use of Project funds
no less than annually. The City of Grand Terrace agrees to supply Omnitrans with a copy of any
audit of Project related activities performed.
17. Retention and Inspection of Records
a. The City of Grand Terrace, including any contractors or subcontractors, will retain all
driver training records and vehicle maintenance and safety records.
b. Omnitrans or its designee will have the right to review, obtain, copy, and audit all
books, records, computer records, accounts, documentation and any other materials
pertaining to performance of this Agreement (collectively “Records”), including any
Records in the possession of any contractors or subcontractors. The City of Grand
Terrace agrees to provide Omnitrans or its designee with any relevant information
requested and will permit Omnitrans or its designees access to its premises, upon
reasonable notice, during normal business hours, for the purpose of interviewing
employees and inspecting and copying such Records for the purpose of determining
compliance with any applicable federal and state laws and regulations.
c. The City of Grand Terrace further agrees to maintain all Project Records for a period
of four (4) years after final payment under the Agreement or four (4) years from the
conclusion or resolution of any and all audits or litigation relevant to this Agreement
and any amendments, whichever is later. If so directed by Omnitrans upon expiration
of this Agreement, the City of Grand Terrace will cause all Records relevant to the
Project to be delivered to Omnitrans as depository.
18. Signs: The City of Grand Terrace will include the Omnitrans logo and/or Measure I
signage on Project related marketing materials and on vehicles operated with Omnitrans funding,
including:
a. Vehicles purchased or operated with Measure I funds shall display signs clearly
visible to riders indicating the vehicle is funded in part through Measure I funding.
b. Signage must conform with approved Measure I signage and be approved by
Omnitrans.
19. Notices. All notices hereunder shall be in writing and shall be effective upon receipt. All
notices and communications, including invoices, between the Parties to this Agreement shall be
either personally delivered, sent by first-class mail, return receipt requested, or sent by overnight
express delivery service, postage or other charges fully prepaid, as follows:
E.6.d
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TO OMNITRANS: TO THE CITY OF GRAND TERRACE:
Omnitrans City of Grand Terrace 1700 West Fifth Street 22795 Barton Road
San Bernardino, CA 92411 Grand Terrace, CA 92313
ATTN: Director Special Transportation ATTN: A. Harold Duffey, City Manager Services
20. Waivers: No waiver of any breach of this Agreement will be held to be a waiver of any
prior or subsequent breach. The failure of Omnitrans to enforce at any time the provisions of this
Agreement or to require at any time performance by the City of Grand Terrace of these provisions,
will in no way be construed to be a waiver of such provisions nor to affect the validity of this
Agreement or the right of Omnitrans to enforce these provisions.
21. Litigation: The City of Grand Terrace will notify Omnitrans immediately of any claim or
action undertaken by it or against it that affects or may affect this Agreement or Omnitrans, and
will take such action with respect to the claim or action as is consistent with the terms of this
Agreement and the interests of Omnitrans.
22. Non-Liability of Omnitrans: Omnitrans shall not be liable to the City of Grand Terrace or
any third party for any claim for loss of profits or consequential damages. Further, Omnitrans
shall not be liable to the City of Grand Terrace or any third party for any loss, cost, claim or
damage, either direct or consequential, allegedly arising from a delay in performance or failure to
perform under this Agreement.
23. Costs and Attorneys’ Fees: If either party commences any legal action against the other
party arising out of this Agreement or the performance thereof, the prevailing party in such action
may recover its reasonable litigation expenses, including court costs, expert witness fees, discovery
expenses, and reasonable attorneys’ fees.
24. Governing Law and Choice of Forum: This Agreement will be administered and
interpreted under California law as if written by both parties. Any litigation arising from this
Agreement will be brought in the Superior Court of San Bernardino County.
25. Integration: This Agreement represents the entire understanding of Omnitrans and the City
of Grand Terrace as to those matters contained herein and supersedes all prior negotiations,
representations, or agreements, both written and oral. This Agreement may not be modified or
altered except in accordance with Section 12.
E.6.d
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26. Severability: If any term or provision of this Agreement or the application thereof to any
person or circumstance will, to any extent, be invalid or unenforceable, the remainder of this
Agreement, or the application of such term or provision to persons or circumstances other than
those to which it is invalid or unenforceable, will not be affected thereby, and each term and
provision of this Agreement will be valid and will be enforced to the fullest extent permitted by
law, unless the exclusion of such term or provision, or the application of such term or provision,
would result in such a material change so as to cause completion of the obligations contemplated
herein to be unreasonable.
27. Headings: The headings of the various sections of this Agreement are intended solely for
convenience of reference and are not intended to explain, modify, or place any interpretation upon
any of the provisions of this Agreement.
28. Authority: Each person signing this Agreement on behalf of a party hereby certifies,
represents, and warrants that he or she has the authority to bind that party to the terms and
conditions of this Agreement.
29. Ownership; Permission: Omnitrans represents and warrants that all materials used in the
performance of the Project work, including, without limitation, all computer software materials
and all written materials, are either produced or owned by the City of Grand Terrace or that all
required permissions and license agreements have been obtained and paid for by the City of Grand
Terrace. The City of Grand Terrace will defend, indemnify and hold harmless Omnitrans and its
directors, officers, employees, and agents from any claim, loss, damage, cost, liability, or expense
to the extent of any violation or falsity of the foregoing representation and warranty.
30. Counterparts: This Agreement may be executed in multiple counterparts, each of which
will constitute an original, and all of which taken together will constitute one and the same
instrument.
31. Press Releases: The City of Grand Terrace will obtain Omnitrans' prior written approval
of any press releases, or other public outreach materials, that include any reference to Omnitrans
or depiction of the Omnitrans logo.
E.6.d
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IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement, as of the date first appearing above.
By:
_________________________ ___________________________ Erin Rogers G. Harold Duffey
CEO/General Manager City Manager
Omnitrans City of Grand Terrace
Approved as to form:
_________________________ _____________________________ Omnitrans Legal Counsel Legal Counsel of the City of Grand Terrace
E.6.d
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EXHIBIT A
Project Narrative
The City of Grand Terrace proposes to introduce a zero-emission carshare and rideshare program for use by its residents and community. The program will serve senior individuals (62 years old and older) as well as persons with disabilities. Offering a zero-emission carshare and rideshare program solves the immediate need to provide flexible, lifeline transportation to our organization’s community members. As indicated in the Coordinated Plan, scheduled, fixed-route transportation
is infrequent in our subarea and other specialized services do not operate on a flexible enough schedule to accommodate last-minute or off-hour trips. An independent program supported on site at Grand Terrace City Hall and the Grand Terrace Senior Center would allow community members better access to transportation and the desired mobility option to bunch or group trips in an efficient way for improved services.
At the end of the two-year demonstration period, our anticipated performance measures and indicators include: - 3,000 Total Individuals served, Seniors 3,000 and Persons with Disabilities 500
- 4,000 Total Vehicle Miles Traveled - 9,000 One-Way Passenger Trips - 100 % of trips aligned with the City of Grand Terrace’s organizational mission (healthcare, employment, recreational or other)
City of Grand Terrace’s use of battery-electric vehicles further supports Omnitrans’ strategic goals and objectives to decarbonize transportation via zero-emission modes that have measurable impacts on local air quality and the co-benefits associated with decreased pollution. Employing a blended carshare/rideshare model additionally assists to decrease single-occupancy vehicle traffic and promotes shared mobility as a daily means of transportation, including public transit.
E.6.d
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EXHIBIT B
Project Budget
CAPITAL EXPENSES PROJECT BUDGET FORM
Agency Name:
Project Title:
EXPENSES Position % Time Jan '21 - Dec '21 Jan '22 - Dec '22 TOTAL
Capital Asset(s)
(Example: Vehicle Yr/Make/Model, Software, etc.)
LEASE VIA GREEN COMMUTER
A. EV Star ADA Rear Lift (14-Passenger + 2WheelChair Lease) #1 22,800.00$ 22,800.00$ 45,600.00$
B. EV Star ADA Rear Lift (14-Passenger + 2WheelChair Lease) #2 22,800.00$ 22,800.00$ 45,600.00$
C. EV Charging Station (Location: 1 City Maintenance Yard) DC#3 26,000.00$ -$ 26,000.00$
D. EV Charging Station (Location: 2Barton & Mt. Vernon) DC#3 26,000.00$ -$ 26,000.00$
E. -$ -$ -$
F. -$ -$ -$
97,600.00$ 45,600.00$ 143,200.00$
97,600.00$ 45,600.00$ 143,200.00$
REVENUES
Agency Match (Cash)
(Example: General Fund, CDBG, Donations, etc)
A. General Fund 9,760.00$ 4,560.00$ 14,320.00$
B. -$ -$ -$
C.-$ -$ -$
D.-$ -$ -$
E.-$ -$ -$
F.-$ -$ -$
9,760.00$ 4,560.00$ 14,320.00$
Measure I Request 87,840.00$ 41,040.00$ 128,880.00$
97,600.00$ 45,600.00$ 143,200.00$
90.00%90.00%90.00%Calculated Measure I portion
Total Cash Match
TOTAL REVENUES
City of Grand Terrace
Senior Transportation Program
Total Salaries & Benefits
TOTAL PROJECT EXPENSES
E.6.d
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OPERATING EXPENSES PROJECT BUDGET FORM
Agency Name:
Project Title:
EXPENSES Position % Time Jan '21 - Dec '21 Jan '22 - Dec '22 TOTAL
Salaries by Position (include benefits):
(Example: drivers, scheduler, trainer etc.)
A. Bus Driver #1 (40 hours per week)6:30am - 3:00pm 41,600.00$ 43,680.00$ 85,280.00$
B. Benefits for Bus Driver #1 20,800.00$ 21,840.00$ 42,640.00$
C. Back-up / Add'l Bus Driver #2 (20 hours per week)20,800.00$ 21,840.00$ 42,640.00$
Sat & Sun 8:00am - 12:00 noon / Tue & Thu 3:00pm - 7:00pm
D. Benefits for Bus Driver #2 10,400.00$ 10,920.00$ 21,320.00$
E. Program Support (Salaries & Benefits)10,000.00$ 10,000.00$ 20,000.00$
Assistant City Manager & Management Analyst
F. -$ -$ -$
103,600.00$ 108,280.00$ 211,880.00$
Non-Personnel Expenses:
(Example: fuel, rent, insurance, utilities etc.)
A. Vehicle Fuel 3,000.00$ 3,150.00$ 6,150.00$
B. Vehicle Wrap/Signage 4,000.00$ -$ 4,000.00$
C. Cleaning supplies 800.00$ 840.00$ 1,640.00$
D. Cost to charge vehicles 4,000.00$ 4,000.00$ 8,000.00$
E.-$ -$ -$
F.-$ -$ -$
11,800.00$ 7,990.00$ 19,790.00$
3,462.00$ 3,488.00$ 6,950.00$
118,862.00$ 119,758.00$ 238,620.00$
REVENUES
Agency Match (Cash)
(Example: General Fund, CDBG, Donations, etc)
A. General Fund 8,770.00$ 8,770.00$ 17,540.00$
B. Donations 5,000.00$ 5,180.00$ 10,180.00$
C.-$ -$ -$
D.-$ -$ -$
E.-$ -$ -$
F.-$ -$ -$
13,770.00$ 13,950.00$ 27,720.00$
Agency Match (In-Kind)Position %
Time
Salaries by Position (include benefits):
A. Program Support - Assistant City Manager & Management Analyst 10,000.00$ 10,000.00$ 20,000.00$
B.-$ -$ -$
C.-$ -$ -$
Non-Personnel Match (in-kind)
D.-$ -$ -$
E.-$ -$ -$
F.-$ -$ -$
10,000.00$ 10,000.00$ 20,000.00$
Measure I Request 95,092.00$ 95,808.00$ 190,900.00$
118,862.00$ 119,758.00$ 238,620.00$
80.00%80.00%80.00%Calculated Measure I portion
Total Cash Match
Total In-Kind Match
TOTAL REVENUES
City of Grand Terrace
Senior Transportation Program
Total Salaries & Benefits
Total Non-Personnel Expenses
Administrative Overhead (calculated at 3%)
TOTAL PROJECT EXPENSES
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1
FUNDING AGREEMENT
BETWEEN
OMNITRANS
AND
GRAND TERRACE
This Funding Agreement for Measure I funds (“Agreement”) by and between The City of Grand
Terrace (“Grand Terrace”), a municipal government and Omnitrans, a Joint Powers Authority
and a Consolidated Transportation Services Agency (“Omnitrans”), is entered into this 1st day
of July, 2022. Grand Terrace and Omnitrans are sometimes individually referred to as “Party”
and collectively as “Parties.”
RECITALS
WHEREAS, in its capacity as the Consolidated Transportation Services Agency
(“CTSA”) for the San Bernardino Valley, Omnitrans has the ability to provide Measure I funds
to other entities for projects that improve mobility for persons with disabilities, senior citizens,
and persons of low income; and
WHEREAS, Grand Terrace currently operates its Senior Transportation Program which
provides weekday curb-to-curb transportation for seniors to and from the Grand Terrace Senior
Center for lunch, social activities, and planned outings in the community; and
WHEREAS, Grand Terrace would like to continue to operate its Senior Transportation
Program; (“Project”); and
WHEREAS, Omnitrans desires to provide operating assistance funds to Grand Terrace,
on a reimbursable basis, for the Project; and
WHEREAS, the Parties wish to enter into this Agreement to document the terms and
conditions of Omnitrans funding of the Project.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Project Description: The Grand Terrace Senior Transportation Program provides
transportation service in the form of pre-scheduled daily trips to nearby shopping,
restaurants, hospitals/doctor's visits, bank visits, or special excursions, as further
described in Exhibit A, which is attached hereto and incorporated herein by reference.
E.6.e
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2. Term: This Agreement will be for a term of two (2) years and shall expire on June 30,
2024, unless otherwise terminated as provided for in this Agreement or extended by written
agreement between the parties.
3. Funding Amount: The amount to be paid to Grand Terrace under this Agreement will not
exceed $173,703 in operating expenses, with an annual not to exceed amount of $86,965 in
Fiscal Year 2023 and $86,738 in Fiscal Year 2024. A total of $46,800 in capital expenses, with
annual not to exceed amounts of $46,800 in Fiscal Year 2023 and no capital expenses in 2024.
In no instance will Omnitrans be liable for any payments or costs for work in excess of these
amounts, nor for costs not listed in Project Budget, attached hereto as Exhibit B.
4. Payment:
a. On a monthly basis, Grand Terrace will provide Omnitrans with an invoice for
reimbursement pursuant to Subsections 4.b. and 4.c., below.
b. Payments for operating expenses to Grand Terrace hereunder will be made in arrears.
Grand Terrace will submit a detailed and properly documented invoice for
reimbursement not more often than monthly, which invoice will include: (i) a
description of the work performed; and (ii) a detailed accounting of costs incurred.
c. Payments for capital expenses, including but not limited to vehicles, may be
requested in advance, upon presentation of a valid vendor invoice for such purchases
d. Grand Terrace will be notified within ten (10) business days following receipt of its
invoice by Omnitrans of any circumstances or data in Grand Terrace’s invoice that
would cause withholding of approval and subsequent payment. Grand Terrace’s
invoice will include documentation of reimbursable expenses and billed items
sufficient for Omnitrans, in its opinion, to substantiate billings. Omnitrans reserves
the right to withhold payment of disputed amounts.
e. At no time shall payments from Omnitrans be used to supplant any existing funding
source for Grand Terrace’s Senior Transportation Program. Grand Terrace shall
notify Omnitrans of any potential loss of funding for the existing Grand Terrace
services within ten (10) business days of learning of the funding loss.
5. Progress Reports: Grand Terrace will provide Omnitrans with monthly Project
Milestones updates on the Project, as set forth in Exhibit A. In cooperation with Omnitrans,
Grand Terrace shall develop national ridership data reporting mechanisms sufficient for
reporting as part of the NTD (National Transit Database) reporting system, and shall provide
such data to Omnitrans monthly.
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6. Advisory Committee Participation: Grand Terrace shall attend and participate in
advisory committee meetings, as mutually agreed upon by Omnitrans and the San Bernardino
County Transportation Authority.
7. Compliance with Laws: Grand Terrace will comply with all applicable federal, state, and
local laws, codes, ordinances, regulations, orders, circulars, and directives, including, without
limitation: (i) all regulatory requirements associated with the funding provided to the Grand
Terrace for this Project; (ii) all disability laws; and (iii) non-discrimination and equal opportunity
laws. Any failure by Grand Terrace to comply with such laws may result in the termination of
this Agreement or such other remedy as Omnitrans deems appropriate.
8. Independent Contractor: Grand Terrace, and the agents and employees of Grand Terrace,
in the performance of this Agreement, will act as and be independent contractors, and not
officers, employees, or agents of Omnitrans. Grand Terrace, its officers, employees, agents, and
contractors, if any, will have no power to bind or commit Omnitrans to any decision or course of
action, and will not represent to any person or business that they have such power. Grand
Terrace has and will retain the right to exercise full control of the supervision of the Project, and
over the employment, direction, compensation, and discharge of all persons assisting in the
performance of the work funded by this Agreement. Grand Terrace will be solely responsible for
all matters relating to the payment of its employees and contractors, including but not limited to,
compliance with all laws, statutes, and regulations governing such matters.
9. Termination:
a. Omnitrans may terminate this Agreement for cause by giving Grand Terrace a notice
of default and intention to terminate the Agreement (“Termination Notice”). The notice
will be deemed served and effective for all purposes on the date it is deposited in the
U.S. mail, certified, return receipt requested, addressed to Grand Terrace at the address
indicated in Section 20 below.
b. Upon receipt of a Termination Notice, Grand Terrace shall have 30 days in which to
cure the stated violation(s) and to provide to Omnitrans sufficient evidence that the
violations have been cured. If Grand Terrace has not cured within 30 days of such
notice, or has not provided sufficient evidence of such to Omnitrans, the Agreement
shall be terminated, effective immediately.
c. Omnitrans may also terminate this Agreement in the event of Measure I or federal grant
funding shortfall, upon 15 days written notice. Such notice will be served and effective
as set forth in Subsection 9.a., herein.
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d. Omnitrans may also terminate this Agreement in the event of a funding shortfall for
Grand Terrace’s program or the failure to provide notice to Omnitrans of such funding
shortfall, as required pursuant to section 4.e. In the event Grand Terrace fails to provide
the notice required pursuant to section 4.e., Omnitrans is not required to give Grand
Terrace an opportunity to cure such violation.
e. If Omnitrans issues a Termination Notice or terminates this Agreement due to a funding
shortfall, Omnitrans will reimburse Grand Terrace for work actually performed up to
the effective date of the Termination Notice, subject to the limitations in Section 4, and
less any compensation to Omnitrans for damages suffered as a result of Grand Terrace’s
failure to comply with the terms of this Agreement.
f. Grand Terrace will have the right to terminate this Agreement in the event Omnitrans
is unable to make required payments. In such event, Grand Terrace will provide
Omnitrans with seven (7) days written notice of termination. The notice will be deemed
served and effective on the date it is deposited in the U.S. mail, certified, return receipt
requested, addressed to Omnitrans at the address indicated in Section 20. Omnitrans
will make payment to Grand Terrace through the date of termination, subject to the
provisions of Section 4 above, and less any compensation to Omnitrans for damages
suffered as a result of Grand Terrace’s failure to comply with the terms of this
Agreement.
10. Assignment: The parties understand that Omnitrans entered into this Agreement based on
the project proposed by Grand Terrace. Therefore, without the prior express written consent of
Omnitrans, this Agreement is not assignable by Grand Terrace either in whole or in part.
11. Binding Agreement: This Agreement will be binding on the parties hereto, their assigns,
successors, administrators, executors, and other representatives.
12. Time: Time is of the essence in this Agreement and will follow the Project Milestones
timeline set forth in Exhibit A, unless modified pursuant to Section 13.
13. Amendments: No alteration or variation of the terms of this Agreement will be valid unless
made in writing and signed by the parties hereto, and no oral understanding or agreement not
incorporated herein, will be binding on any of the parties hereto.
14. Contractors and Subcontractors: Grand Terrace will be fully responsible for all work
performed by its contractors and subcontractors. Omnitrans reserves the right to review and
approve any contract or agreement to be funded in whole or in part using funds provided under
this Agreement in excess of $25,000. Grand Terrace shall incorporate the terms of this Agreement,
E.6.e
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including without limitation the indemnification and insurance provisions, into any subcontractor
agreement funded by this Agreement.
15. Indemnification. Grand Terrace shall defend, indemnify and hold Omnitrans, its directors,
officials, officers, employees, agents and/or volunteers free and harmless from any and all liability
from loss, damage, or injury to property or persons, including wrongful death, in any manner
arising out of or incident to any acts, omissions or willful misconduct of Grand Terrace or any of
its directors, officials, officers, employees, agents, volunteers, or service providers arising out of
or in connection with Grand Terrace’s performance of this Agreement, including, without
limitation, the payment of consequential damages and attorneys' fees. Further, Grand Terrace shall
defend, at its own expense, including the payment of attorneys' fees, Omnitrans, its officials,
officers, employees, agents and/or volunteers in any legal action based upon such acts, omissions
or willful misconduct. Grand Terrace shall reimburse Omnitrans, its directors, officials, officers,
employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of
them in connection therewith or in enforcing the indemnity herein provided.
16. Insurance. Grand Terrace shall require all contractors or consultants hired to perform work
or services on the Project to obtain, and require their sub-consultants and sub-contractors to obtain,
insurance of the types and in the amounts described below and satisfactory to Omnitrans. Grand
Terrace may satisfy its insurance obligations herein through participation in a program of self-
insurance. Such insurance shall be maintained throughout the term of this Agreement, or until
completion of the Project, whichever occurs last. Upon request, Grand Terrace will provide
written certificates evidencing compliance to Omnitrans.
a. Commercial General Liability Insurance. Occurrence version commercial general
liability insurance or equivalent form with a combined single limit of not less than
$1,000,000.00 per occurrence. If such insurance contains a general aggregate limit,
it shall apply separately to the Project or be no less than two times the occurrence
limit. Such insurance shall:
b. Business Automobile Liability Insurance. Business automobile liability insurance
or equivalent form with a combined single limit of not less than $1,000,000.00 per
occurrence. Such insurance shall include coverage for owned, hired and non-
owned automobiles.
c. Workers’ Compensation Insurance. Workers’ compensation insurance with
statutory limits and employers’ liability insurance with limits of not less than
$1,000,000.00 each accident.
17. Audit: An independent auditor shall audit Grand Terrace’s use of project funds no less
than annually. Grand Terrace agrees to supply Omnitrans with a copy of any audit of project related
activities performed.
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18. Retention and Inspection of Records
a. Grand Terrace, including any contractors or subcontractors, will retain all driver
training records and vehicle maintenance and safety records.
b. Omnitrans or its designee will have the right to review, obtain, copy, and audit all
books, records, computer records, accounts, documentation and any other materials
pertaining to performance of this Agreement (collectively “Records”), including any
Records in the possession of any contractors or subcontractors. Grand Terrace agrees
to provide Omnitrans or its designee with any relevant information requested and will
permit Omnitrans or its designees access to its premises, upon reasonable notice, during
normal business hours, for the purpose of interviewing employees and inspecting and
copying such Records for the purpose of determining compliance with any applicable
federal and state laws and regulations.
c. Grand Terrace further agrees to maintain all project records for a period of four (4)
years after final payment under the Agreement or four (4) years from the conclusion or
resolution of any and all audits or litigation relevant to this Agreement and any
amendments, whichever is later. If so directed by Omnitrans upon expiration of this
Agreement, Grand Terrace will cause all Records relevant to the Project to be delivered
to Omnitrans as depository.
19. Signs: Grand Terrace will include the Omnitrans logo and/or Measure I signage on
Project related marketing materials and on vehicles operated with Omnitrans funding, including:
a. Vehicles purchased or operated with Measure I funds shall display signs clearly
visible to riders indicating the vehicle is funded in part through Measure I funding.
b. Signage must conform with approved Measure I signage and be approved by
Omnitrans.
20. Notices. All notices hereunder shall be in writing and shall be effective upon receipt. All
notices and communications, including invoices, between the Parties to this Agreement shall be
either personally delivered, sent by first-class mail, return receipt requested, or sent by overnight
express delivery service, postage or other charges fully prepaid, as follows:
TO OMNITRANS: TO Grand Terrace:
Omnitrans City of Grand Terrace
1700 West Fifth Street 22795 Barton Road
San Bernardino, CA 92411 Grand Terrace, CA 92313
ATTN: Director Strategic Development ATTN: City Manager
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21. Waivers: No waiver of any breach of this Agreement will be held to be a waiver of any
prior or subsequent breach. The failure of Omnitrans to enforce at any time the provisions of this
Agreement or to require at any time performance by Grand Terrace of these provisions, will in no
way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or
the right of Omnitrans to enforce these provisions.
22. Litigation: Grand Terrace will notify Omnitrans immediately of any claim or action
undertaken by it or against it that affects or may affect this Agreement or Omnitrans, and will take
such action with respect to the claim or action as is consistent with the terms of this Agreement
and the interests of Omnitrans.
23. Non-Liability of Omnitrans: Omnitrans shall not be liable to Grand Terrace or any third
party for any claim for loss of profits or consequential damages. Further, Omnitrans shall not be
liable to Grand Terrace or any third party for any loss, cost, claim or damage, either direct or
consequential, allegedly arising from a delay in performance or failure to perform under this
Agreement. There are no third party beneficiaries to this Agreement
24. Costs and Attorneys’ Fees: If either party commences any legal action against the other
party arising out of this Agreement or the performance thereof, the prevailing party in such action
may recover its reasonable litigation expenses, including court costs, expert witness fees, discovery
expenses, and reasonable attorneys’ fees.
25. Governing Law and Choice of Forum: This Agreement will be administered and
interpreted under California law as if written by both parties. Any litigation arising from this
Agreement will be brought in the Superior Court of San Bernardino County.
26. Integration: This Agreement represents the entire understanding of Omnitrans and Grand
Terrace as to those matters contained herein and supersedes all prior negotiations, representations,
or agreements, both written and oral. This Agreement may not be modified or altered except in
accordance with Section 13.
27. Severability: If any term or provision of this Agreement or the application thereof to any
person or circumstance will, to any extent, be invalid or unenforceable, the remainder of this
Agreement, or the application of such term or provision to persons or circumstances other than
those to which it is invalid or unenforceable, will not be affected thereby, and each term and
provision of this Agreement will be valid and will be enforced to the fullest extent permitted by
law, unless the exclusion of such term or provision, or the application of such term or provision,
would result in such a material change so as to cause completion of the obligations contemplated
herein to be unreasonable.
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28. Headings: The headings of the various sections of this Agreement are intended solely for
convenience of reference and are not intended to explain, modify, or place any interpretation upon
any of the provisions of this Agreement.
29. Authority: Each person signing this Agreement on behalf of a party hereby certifies,
represents, and warrants that he or she has the authority to bind that party to the terms and
conditions of this Agreement.
30. Ownership; Permission: Omnitrans represents and warrants that all materials used in the
performance of the Project work, including, without limitation, all computer software materials
and all written materials, are either produced or owned by Grand Terrace or that all required
permissions and license agreements have been obtained and paid for by Grand Terrace. Grand
Terrace will defend, indemnify and hold harmless Omnitrans and its directors, officers, employees,
and agents from any claim, loss, damage, cost, liability, or expense to the extent of any violation
or falsity of the foregoing representation and warranty.
31. Counterparts: This Agreement may be executed in multiple counterparts, each of which
will constitute an original, and all of which taken together will constitute one and the same
instrument.
32. Press Releases: Grand Terrace will obtain Omnitrans' prior written approval of any press
releases, or other public outreach materials, that include any reference to Omnitrans or depiction
of the Omnitrans logo.
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement, as of the
date first appearing above.
By:
_________________________ ___________________________
Erin Rogers Konrad Bolowich
CEO/General Manager City Manager
Omnitrans City of Grand Terrace
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Approved as to form:
_________________________ _____________________________
Omnitrans Legal Counsel Legal Counsel of Grand Terrace
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EXHIBIT A
Project Narrative
The original function of the Senior Transportation Program was to provide senior
residents transportation to the Senior Center for lunch, which since COVID is being
served weekly via frozen meals. Senior residents can schedule their pickup to the Senior
Center for scheduled activities, or to travel to the pre-scheduled bus destination for that
day and receive a return ride home. Pre-scheduled destinations include daily trips to
nearby shopping, restaurants, bank visits, doctors' visits, or special excursions to nearby
entertainment.
Shopping destinations include visits to Colton’s Citrus Plaza, Ross, the 99
Cents Store, Wal-Mart, Target, and CVS/Walgreens. Restaurant visits include trips to local
destinations such as Thai Kitchen, Woody’s Grill or Odalberto’s. Special excursions are
also regularly planned have included trips to the movies, Redlands Bowl, or local theatrical
presentations.
Since COVID-19, bus trips have slowly expanded to the local pharmacies, local restaurants
(to pick up food to go) and trips to the Veterans Affairs (VA) hospital in Loma Linda.
Ridership has increased from 4-5 passengers per trip to average of 24 daily rides.
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EXHIBIT B
Project Budget
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AGENDA REPORT
MEETING DATE: June 28, 2022 Council Item
TITLE: Amendment No. 9 to the Waste Disposal Agreement
Between the City of Grand Terrace and the County of San
Bernardino
PRESENTED BY: Shanita Tillman, Management Analyst
RECOMMENDATION: 1) Adopt a RESOLUTION OF THE CITY OF GRAND
TERRACE, CALIFORNIA, ADOPTING AMENDMENT NO.
9, TO THE WASTE DISPOSAL AGREEMENT BETWEEN
THE COUNTY OF SAN BERNARDINO AND THE CITY OF
GRAND TERRACE; and
2) Authorize the Mayor to Sign the Amendment No. 9
subject to City Attorney approval as to form.
2030 VISION STATEMENT:
This staff report supports Goal #4 develop and implement successful partnerships.
BACKGROUND:
In 1998 the City of Grand Terrace entered into a Waste Disposal Agreement (WDA)
with the County of San Bernardino (County), obligating the City to deliver all
controllable waste to the San Timoteo Landfill for 15 years and obligating the
County to provide capacity for that waste at the lowest tipping fee rate. A total of 18
cities in the County became signatories to identical agreements.
The Original WDA has been amended several times to extend the term of the
Agreement; increase allowable tonnage and revise the rates. The most recent
amendment was Amendment No. 8, approved by the City Council in 2021 to reset the
WDA Contract Rate and extended the term for five (5) years to June 30, 2026. The
County holds an annual meeting to discuss the financial statement for the County
landfill system and include language for sharing the net revenue of In-County Non-
WDA waste generated based on the revenue sharing formula in Section 8.4 of
Amendment No. 7.
DISCUSSION:
This year, the County recommended a 14.23% increase in rates to a base rate of
$43.41 per ton. This pricing model shifted costs away gate rates to WDA Cities. The
City managers of the WDA signatory Cities declined to forward the increased rates to
their councils for approval. There were subsequent discussions between the City
Managers and the County CAO.
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As the result of these discussions between the County of San Bernardino’s
Department of Public Works Staff, County CAO, and other WDA cities, there has been
a mutual agreement on behalf of all parties to recommend amending the current WDA
contract to cap the WDA Contract Rate in order to maintain a 15% buffer between the
WDA Contract Rate and the County’s posted gate rate.
This change will assist both the City and the County in planning for future fiscal years’
budgeting of solid waste disposal services and costs by putting a mechanism in place
for the future to prevent compaction with the County’s posted gate rate. In exchange, a
clause for City Convenience Termination was added to the agreement to commit the
City to the WDA for the remainder of the term with no provision to terminate without
cause.
The latest proposed tonnage rate effective July 1, 2022, payable by each Franchise
Hauler is $40.75 per ton.
County staff has requested that the 18 cities/towns present the WDA Amendment
No. 9 to each respective Council for review and approval. Amendment No. 9 shall
be effective if and only when all 18 cities/towns have each adopted and executed
said amendment and such amendment has been adopted and executed by the
County on or before June 30, 2022.
FISCAL IMPACT:
A positive fiscal impact could be realized, as County provides WDA cities with a lower
disposal rate per ton for their guaranteed waste. The County will also share revenue
gained from additional tonnage from In-County Non-WDA cities that pay a higher rate
per ton. The more tons landfilled, the lower the incremental costs. The County will share
revenue gained from additional waste disposed at a lower incremental cost.
Shared revenue will be deposited into Fund 10 (General Fund)
ATTACHMENTS:
• 2022-xx CC Reso - SB County Waste Amend No. 9 (DOCX)
• Original SBCOWDA - 1998 (PDF)
• AGR-PW-Waste 6-28-22 Grand Terrace WDA Amend 9 (DOCX)
APPROVALS:
Shanita Tillman Completed 06/16/2022 5:08 PM
City Manager Completed 06/22/2022 11:45 AM
City Council Pending 06/28/2022 6:00 PM
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RESOLUTION 2022-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GRAND TERRACE, CALIFORNIA ADOPTING
AMENDMENT NO. 9 TO THE WASTE DISPOSAL
AGREEMENT BETWEEN THE COUNTY OF SAN
BERNARDINO AND THE CITY OF GRAND TERRACE.
RECITALS
WHEREAS, on February 24, 1998 the City of Grand Terrace (“City”) and the
County of San Bernardino (“County”) entered into a Waste Disposal Agreement (“WDA”);
and
WHEREAS, in April 2016, fifteen (15) WDA cities met and determined it was in
their best interest to change the termination date of the Agreement to expire on June
30, 2021; and
WHEREAS, on June 8, 2021, the City Council approved Amendment No. 8,
extending the termination date of the WDA to June 30, 2026; and
WHEREAS, the parties have determined it is now in their best interests to cap the
WDA Contract Rate in order to maintain a 15% buffer between the WDA Contract Rate
and the County’s posted gate rate; and
WHEREAS, the parties have determined it is in their best interests to apply the
$40.75 per ton subject to potential adjustment necessary to reflect the circumstances
set forth below:
(i) increased costs incurred by the County (in excess of available insurance
proceeds) due to the occurrence of one or more Uncontrollable Circumstances,
including Changes in Law; and
(ii) escalation during the Term of this Agreement calculated in accordance with
Section 4.2(B). In no case will the calculation of escalation exceed 85% of the County
approved general public gate rate (currently $59.94 minus the current CDSDP recycling
fee of $12.00), as such fees may be amended.
NOW THEREFORE, BE IT RESOLVED THAT CITY COUNCIL OF THE CITY OF
GRAND TERRACE DOES RESOLVE, DETERMINE, FIND AND ORDER AS
FOLLOWS:
Section 1. The City Council finds that all of the above recitals are true and
correct and are incorporated herein by reference.
Section 2. The City Council hereby approves Amendment No. 9 of the Waste
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Disposal Agreement between the County of San Bernardino and the City of Grand
Terrace, as attached hereto as Exhibit A, and authorizes the Mayor to execute the
amendment subject to City Attorney approval as to form.
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand
Terrace, California, at a regular meeting held on the 28th day of June 2022.
_____________________________
Darcy McNaboe, Mayor
ATTEST:
_____________________________
Debra L. Thomas
City Clerk
APPROVED AS TO FORM:
_____________________________
Adrian R. Guerra
City Attorney
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Exhibit A
(Waste Delivery Agreement – Amendment No. 9)
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Record of Action of the Board of Supervisors
AGREEMENT NO. 98-107
APPROVED BOARD OF SUPERVISORS
COUNTY OF SAN BERNARDINO
ABSENT -t.:- AYE -1 COND
1 fl ‘i-- 2 -,1 3..p ck
PROAT, C
f.)
"nu. fir DATED : Feb a 24,
MOTION
EARLE
BY
;Dv
MOVE AYE
4 5
ITEM 048
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
AND RECORD OF ACTION
Agree. 98-107
February 24, 1998
FROM: GERRY NEWCOMBE, Contract Administrator
Public Services Group, Waste System Division
SUBJECT: WASTE DELIVERY AGREEMENT BETWEEN THE COUNTY AND THE CITY OF
GRAND TERRACE
RECOMMENDATION: Approve 15 year Waste Delivery Agreement (WDA) with the City of Grand
Terrace for use of the County landfill system.
BACKGROUND INFORMATION: On November 4, 1997, the Board approved a standard WDA and
directed staff to present the agreement for approval to the cities and return any signed agreements to
the Board for final approval. The Grand Terrace City Council approved the WDA on January 15,
1998, and it is now being presented to the Board for final approval.
Approval of the recommendation will execute the WDA whereby the City of Grand- Terrace is
obligated to deliver all of its controllable waste to the Colton Landfill for 15 years, and the County is
obligated to provide capacity for that waste at the Contract Rate.
When WDA's representing 60 percent of the system tonnage of 1,390,000 tons (less the
unincorporated tonnage which will be controlled by the County through franchise agreements) have
been executed, it will be necessary to modify the compensation provisions in NORCAL's contract.
Staff has met with NORCAL and reached agreement on the rationale for a revised compensation
program that is consistent with the controls placed on the contract rate contained in the WDA's. The
WSD will present the modified compensation program for Board consideration when the 60 percent
threshold is within reach. Prior to reaching that threshold, the system can continue to function with
the existing compensation program in place.
REVIEW BY OTHERS: This item has been reviewed by Deputy County Counsel Robert L. Jocks on
February 5, 1998.
FINANCIAL IMPACT: This action will have no impact on the General Fund. The difference between
the budgeted $33/ton tip fee and the $28.50/ton Contract Rate will reduce revenue in the FY 1997/98
Solid Waste Enterprise Fund. This reduction will be offset by a combination of expenditure reductions
and new revenue sources.
SUPERVISORIAL DISTRICT(S): All
PRESENTER: Gerry Newcombe
Rev 07/97
cc: WSD--Newcombe w/agreement
City of Grand Terrace w/agree.
c/o WSD
Auditor w/agreement
Contract Compliance w/agree.
EHS-Pamella Bennett
Co. Counsel-Jocks w/agree.
Risk Management
PSG
File w/agreement
mll
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County of San Bernardino
F A S
CONTRACT TRANSMITTAL
FOR COUNTY USE ONLY
w
2
xl
X New
_ Change
Cancel
Vendor Code
Cr
Dept. Contract Number
98-107
County Department Dept. Orgn.
PSG-Waste System Division
Contractor's License No.
County
Gerry
Department Contract Representative Ph. Ext.
Newcombe 1R6-8703
Amount of Contract
Fund Dept. Organization Appr. Obj/Rev Source Activity GRC/PROJ/JOB Number
Commodity Code Estimated Payment Total by Fiscal Year
FY Amount I/O FY Amount I/D
Project Name
15 Year Waste
Delivery Agreement
CONTRACTOR
Birth Date Federal ID No. or Social Security No
Contractor's Representative Thomas J. Schwab. City Manager
Address 22795 Barton Road, Grand Terrace CA 92313 Phone (909) 824-6621
Nature of Contract: (Briefly describe the general terms of the contract)
A 15 year Waste Delivery Agreement between the County and the City of Grand Terrace
for use of the County landfill system, February 24, 1998 to December 31, 2012.
City of Grand Terrace
(Attach this transmittal to all contracts not prepared on the "Standard Contract" form.)
Approved as to Legal Form
lb' See Agreement - Page 31
County Counsel
Date
Reviewed as to Affirmative Action
Reviewed for Processing
Agency Administrator/CAO
Date
Date
02-12294-000 Rev. 11/90
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EXECUTION COPY
WASTE DISPOSAL AGREEMENT
Between
THE COUNTY OF SAN BERNARDINO, CALIFORNIA
and
THE CITY OF GRAND TERRACE
Dated: February 24, 1998
County Authorization Date:
February 24, 1998
County Notice Address:
Gerry Newcombe, Contract Administrator
Waste System Division
222 W. Hospitality Lane, 2nd Floor
San Bernardino, California 92415-0017
City Authorization Date:
/*January , 1998
City Notice Address:
Thomas Schwab, City Manager
City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313
E.7.b
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TABLE OF CONTENTS
Page
RECITALS 1
ARTICLE I DEFINITIONS AND INTERPRETATION 3
SECTION 1.1. DEFINITIONS 3
SECTION 1.2. INTERPRETATION 8
ARTICLE II REPRESENTATIONS AND WARRANTIES 10
SECTION 2.1. REPRESENTATIONS AND WARRANTIES OF THE CITY 1 0
SECTION 2.2. REPRESENTATIONS AND WARRANTIES OF THE COUNTY 10
ARTICLE III DELIVERY AND ACCEPTANCE OF WASTE
AND PROVISION OF DISPOSAL SERVICE 12
SECTION 3.1. DELIVERY OF WASTE 12
SECTION 3.2. PROVISION OF DISPOSAL SERVICES BY THE COUNTY 16
SECTION 3.3. COUNTY RIGHT TO REFUSE WASTE 17
SECTION 3.4. MISCELLANEOUS OPERATIONAL MATTERS 18
SECTION 3.5. OTHER USERS OF THE DISPOSAL SYSTEM 18
SECTION 3.6. COUNTY PROVISION OF WASTE DIVERSION SERVICES 19
ARTICLE IV CONTRACT RATE 20
SECTION 4.1. CHARGING AND SECURING PAYMENT OF CONTRACT RATE 20
SECTION 4.2. CONTRACT RATE 20
SECTION 4.3. RESPONSIBILITY FOR PAYMENT OF THE CONTRACT 22
SECTION 4.4. BILLING OF THE CONTRACT RATE 23
SECTION 4.5. SOLID WASTE DISPOSAL FEE OPTION 23
ARTICLE V BREACH, ENFORCEMENT AND TERMINATION 24
SECTION 5.1. BREACH: REMEDIES 24
SECTION 5.2. CITY CONVENIENCE TERMINATION 24
SECTION 5.3. TERMINATION 24
SECTION 5.4. NO WAIVERS 25
SECTION 5.5 DAMAGES 25
SECTION 5.6. FORUM FOR DISPUTE RESOLUTION 25
ARTICLE VI TERM 26
SECTION 6.1. EFFECTIVE DATE AND TERM 26
ARTICLE VII GENERAL PROVISIONS 27
SECTION 7.1. OPERATION AND MAINTENANCE OF THE DISPOSAL SYSTEM 27
SECTION 7.2. UNCONTROLLABLE CIRCUMSTANCES GENERALLY 27
SECTION 7.3. INDEMNIFICATION 27
SECTION 7.4. RELATIONSHIP OF THE PARTIES 28
SECTION 7.5. LIMITED RECOURSE 28
SECTION 7.6. PRE-EXISTING RIGHTS AND LIABILITIES 29
SECTION 7.7. NO VESTED RIGHTS 29
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SECTION 7.8. LIABILITY FOR COLLECTION, TRANSPORTATION
AND PROCESSING 29
SECTION 7.9. NO CONSEOUENTIAL OR PUNITIVE DAMAGES 29
SECTION 7.10. AMENDMENTS 29
SECTION 7.11. NOTICE OF LITIGATION 29
SECTION 7.12. FURTHER ASSURANCES 29
SECTION 7.13. ASSIGNMENT OF AGREEMENT 29
SECTION 7.14. INTEREST ON OVERDUE OBLIGATIONS 29
SECTION 7.15. BINDING EFFECT 30
SECTION 7.16. NOTICES 30
APPENDIX 1 DESIGNATED DISPOSAL FACILITY
APPENDIX 2 FORM OF HAULER ACKNOWLEDGMENT [delete depending on city]
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WASTE DISPOSAL AGREEMENT
THIS WASTE DISPOSAL AGREEMENT is made and dated as of the date indicated on the
cover page hereof between the County of San Bernardino, a political subdivision of the State of California
(the "County"), and the City designated on the cover page of this Agreement, a general law or charter city
and political subdivision of the State of California (the "City").
RECITALS
The County owns, manages and operates a sanitary landfill system for the disposal of
municipal solid waste generated in the unincorporated area within the County and which it has made
available for the disposal of municipal solid waste generated within cities located within the County (the
"Disposal System"). The Disposal System currently includes 12 active landfills and is expected to consist
of five active landfills upon implementation of the Solid Waste Partnership Strategy and Implementation
Plan.
The Disposal System is used for the disposal of municipal solid waste which is not
composted, reused, recycled, transformed or otherwise diverted from landfill disposal, pursuant to the
California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code).
The Act, which mandates the diversion of 50% of waste from landfill disposal by 2000, has already reduced
the volume of waste delivered to the landfills.
The County wishes to enter into an agreement with the City to accept all of the City's
municipal solid waste in the Disposal System for the term and subject to the provisions of this Agreement,
and the City desires to use all legal and contractual powers it possesses to deliver or cause to be delivered
the municipal solid waste generated within its boundaries to the Disposal System for the term of and subject
to the provisions of this Agreement.
The City, in the exercise of its police power and its powers under the Act, either (i) has
entered into a franchise or other agreement with or issued permits or licenses to one or more private haulers
for the collection and disposal of municipal solid waste generated within the City or (ii) collects municipal
solid waste generated within the City in City owned and operated collection vehicles.
The City has determined that the execution of this Agreement by the City will serve the
public health, safety and welfare of the City by providing greater disposal rate stability, more predictable
and reliable long-term disposal service, and the continuation of sound environmental management.
The County has determined that the execution by the County of this Agreement will serve
the public health, safety and welfare by providing a more stable, predictable and reliable supply of municipal
solid waste and the resulting service payment revenue to the Disposal System, thereby enabling the County
to plan, manage, operate and finance improvements to the Disposal System on a more prudent and sound
long term, businesslike basis.
Official action approving this Agreement and determining it to be in the public interest and
authorizing its execution and delivery was duly taken by the County on the County authorization date
indicated on the cover page hereof.
Official action approving this Agreement and determining it to be in the public interest and
authorizing its execution and delivery was duly taken by the City on the City authorization date indicated
on the cover page hereof.
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It is, therefore, agreed as follows:
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ARTICLE I
DEFINITIONS AND INTERPRETATION
SECTION 1.1. DEFINITIONS. As used in this Agreement, the following terms shall have
the meanings set forth below.
"Acceptable Waste" means all garbage, refuse, rubbish and other materials and substances
discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard
or rejection and which are normally disposed of by or collected from residential (single family and multi-
family), commercial, industrial, governmental and institutional establishments which are acceptable at Class
III landfills under Applicable Law (including, without limitation, the Legal Entitlements for each facility).
"Act" means the California Integrated Waste Management Act of 1989 (Division 30 of the
California Public Resources Code), as amended, supplemented, superseded and replaced from time to time.
"Agreement" means this Waste Disposal Agreement between the County and the City as the
same may be amended or modified from time to time in accordance herewith.
"Appendix" means an appendix to this Agreement, as the same may be amended or modified
from time to time in accordance with the terms hereof.
"Applicable Law" means the Act, the San Bernardino County Code, CERCLA, RCRA,
CEQA, any Legal Entitlement and any federal or state rule, regulation, requirement, guideline, permit,
action, determination or order of any Governmental Body having jurisdiction, applicable from time to time
to the siting, design, permitting, acquisition, construction, equipping, financing, ownership, possession,
operation or maintenance of the Disposal System, the transfer, handling, transportation and disposal of
Acceptable Waste, Unacceptable Waste, or any other transaction or matter contemplated hereby (including
any of the foregoing which concern health, safety, fire, environmental protection, mitigation monitoring
plans and building codes.).
"Board" means the California Integrated Waste Management Board.
"CEQA" means the California Environmental Quality Act, codified at Cal. Pub. Res. Code
Section 21000 et seq. (West 1996) as amended or superseded, and the regulations promulgated thereunder.
"CERCLA" means the Comprehensive Environmental Responsibility Compensation and
Liability Act, 42 U.S.C.A. Section 9601 et seq. (West 1995 & Supp. 1996), as amended or superseded, and
the regulations promulgated thereunder.
"Change in Law" means any of the following events or conditions which has a material and
adverse effect on the performance by the parties of their respective obligations under this Agreement (except
for payment obligations), or on the siting, design, permitting, acquisition, construction, equipping, financing,
ownership, possession, operation or maintenance of the Disposal System or other matters to which
Applicable Law applies:
(1) the enactment, adoption, promulgation, issuance, material modification or written
change in administrative or judicial interpretation on or after the Commencement Date of any
Applicable Law (other than Applicable Law enacted by the County);
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(2)the order or judgment of any Governmental Body (other than the County), on or
after the Commencement Date, to the extent such order or judgment is not the result of willful or
negligent action, error or omission or lack of reasonable diligence of the County or of the City,
whichever is asserting the occurrence of a Change in Law; provided, however, that the contesting
in good faith or the good faith decision not to contest any such order or judgment shall not constitute
or be construed as such a willful or negligent action, error or omission or lack of reasonable
diligence; or
(3)the denial of an application for, delay in the review, issuance or renewal of, or
suspension, termination, interruption, imposition of a new or more stringent condition in connection
with the issuance, renewal or failure of issuance or renewal on or after the Commencement Date of
any Legal Entitlement to the extent that such denial, delay, suspension, termination, interruption,
imposition or failure materially and adversely interferes with the performance of this Agreement,
if and to the extent that such denial, delay, suspension, termination, interruption, imposition or
failure is not the result of willful or negligent action, error or omission or a lack of reasonable
diligence of the County or of the City, whichever is asserting the occurrence of a Change in Law;
provided, however that the contesting in good faith or the good faith decision not to contest any such
denial, delay, suspension, termination, interruption, imposition or failure shall not be construed as
such a willful or negligent action, error or omission or lack of reasonable diligence.
"Change in Law" shall not include actions taken by Governmental Bodies to enforce requirements of
Applicable Law.
"City" means, as applicable, the city designated on the cover page of this Agreement and
party to this Agreement.
"City Acceptable Waste" means all Acceptable Waste which was originally discarded by
the first generator thereof within the geographical limits of the City, and Residue from the foregoing (or
Tonnage equivalencies of such Residues, as and to the extent provided in subsection 3.1(C) hereof).
"Contract Date" means the date of delivery of this Agreement as executed by the parties
hereto.
"Contract Rate" has the meaning specified in Section 4.2 hereof.
"Contract Year" means the fiscal year commencing on July 1 in any year and ending on June
30 of the following year.
"Controllable Waste" means all City Acceptable Waste with respect to which the City has
the legal or contractual ability to determine the disposal location therefor and which is:
(1)Non-Diverted City Acceptable Waste;
(2)not generated from the operations of the Governmental Bodies which, under
Applicable Law, have the independent power to arrange for the disposal of the waste they generate
(such as school districts and State correctional facilities);
(3)not Residue excluded from the Waste Delivery Covenant pursuant to Section
3.1(C);
(4)not inert materials, construction and demolition debris, green waste and other
materials which can be disposed at landfills other than Class III landfills; and
(5)collected and hauled by Franchise Haulers.
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"County" means the County of San Bernardino, a political subdivision of the State of
California and party to this Agreement.
"County Waste Management Enterprise Fund" means the waste management enterprise fund
established and managed by the County pursuant to Section 25261 of the Government Code separate from
its other funds and accounts for receipts and disbursements in connection with the Disposal System.
"County-wide Recycling Services" has the meaning set forth in subsection 3.6(A) hereof.
"Designated Disposal Facility" means the sanitary landfill or other facility operated by or
for the County as part of the Disposal System which is designated in Appendix 1 hereto as the disposal
location for Controllable Waste delivered to the County pursuant hereto as of the Commencement Date, or
such other additional, alternate or replacement sanitary landfills or other disposal facilities as may be
designated by the County as the Designated Disposal Facility (subject to the approval of the City) in
accordance with Section 3.2 hereof.
"Disposal Agreements" means each of the waste disposal agreements entered into between
the County and any city within the County in accordance herewith.
"Disposal Services" means the solid waste disposal services to be provided by the County
pursuant to the Service Covenant and otherwise hereunder.
"Disposal System" means all sanitary landfills and other solid waste transfer, transportation,
storage, handling, processing and disposal facilities, now or at any time owned, leased, managed, operated
by or under contract to the County for the acceptance, handling, processing and disposal of Acceptable Waste
delivered by or on behalf of the City under this Agreement, including the Designated Disposal Facilities
listed on Appendix 1 and any expansion thereof, all as more particularly described in the Solid Waste
Partnership Strategy and Implementation Plan.
"Disposal System Component" means any landfill, facility, structure, work, equipment, site
or other real or personal property constituting a component part of the Disposal System.
"Diverted City Acceptable Waste" means any otherwise Controllable Waste which is
separated from Acceptable Waste by the generator thereof or by processing and which is "diverted" within
the meaning of Section 40180 of the Public Resources Code.
"Franchise Hauler" means any hauler or collector who provides Acceptable Waste collection
services within the City pursuant to, or under authority granted by, a contract, franchise or other agreement
with the City. The term Franchise Hauler includes the City itself if Acceptable Waste collection and
transportation services are provided directly by City operated municipal collection service.
"Governmental Body" means any federal, State, county, city or regional legislative,
executive, judicial or other governmental board, agency, authority, committee, administration, court or other
body, or any officer thereof acting within the scope of his or her authority.
"Hazardous Substance" has the meaning given such term in the Resource Conservation and
Recovery Act, 42 U.S.C. 6901 et seq., CERCLA, and all future amendments to either of them or as defined
by California statute or by the California Environmental Protection Agency or the California Integrated
Waste Management Board, or any of them.
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"Hazardous Waste" means (a) any waste which by reason of its quality, concentration,
composition or physical, chemical or infectious characteristics may do either of the following: cause, or
significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating
reversible, illness, or pose a substantial threat or potential hazard to human health or the environment, or any
waste which is defined or regulated as a hazardous waste, toxic substance, hazardous chemical substance or
mixture, or asbestos under Applicable Law, as amended from time to time including, but not limited to: (1)
the Resource Conservation and Recovery Act and the regulations contained in 40 CFR Parts 260-281; (2)
the Toxic Substances Control Act (15 U.S.C. Sections 2601 et seq.) and the regulations contained in 40 CFR
Parts 761-766; (3) the California Health and Safety Code, Section 25117 (West 1992 & Supp. 1996); (4) the
California Public Resources Code, Section 40141 (West 1996); (5) CERCLA and regulations promulgated
thereunder and (6) future additional or substitute Applicable Law pertaining to the identification, treatment,
storage or disposal of toxic substances or hazardous wastes; or (b) radioactive materials which are source,
special nuclear or by-product material as defined by the Atomic Energy Act of 1954 (42 U.S.C. Section 2011
et sea.) and the regulations contained in 10 CFR Part 40.
"Imported Acceptable Waste" means Acceptable Waste that is generated outside of the
geographical boundaries of the County and delivered to the Disposal System.
"In-County Processing Facility" means any Processing Facility located within the
geographical boundaries of the County, whether owned and/or operated by the County, any city, or private
operator.
"Independent Haulers" means those waste collection/hauler companies primarily engaged
as a principal business in the collection and transportation of municipal solid waste generated in the County
of San Bernardino and not under a franchise or other contract with a city in the County.
"Term" has the meaning specified in Section 6.1(A) hereof.
"Legal Entitlement" means all permits, licenses, approvals, authorizations, consents and
entitlements of whatever kind and however described which are required under Applicable Law to be
obtained or maintained by any person with respect to the Disposal System or the performance of any
obligation under this Agreement or the matters covered hereby.
"Legal Proceeding" means every action, suit, litigation, arbitration, administrative
proceeding, and other legal or equitable proceeding having a bearing upon this Agreement.
"Loss-and-Expense" means any and all loss, liability, obligation, damage, delay, penalty,
judgment, deposit, cost, expense, claim, demand, charge, tax, or expense, including all fees and costs.
"Out-of-County Processing Facility" means a Processing Facility located outside the
geographical boundaries of the County.
"Non-Diverted City Acceptable Waste" means all City Acceptable Waste other than Diverted
City Acceptable Waste.
"Overdue Rate" means the post-judgment rate of interest specified by the laws of the State.
"Processing Facility" means any materials recovery facility, composting facility,
intermediate processing center, recycling center, incinerator or other waste management facility to which
City Acceptable Waste is delivered for processing prior to disposal.
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"Prohibited Medical Waste" means any medical or infectious waste prohibited or restricted
under Applicable Law from being received by or disposed at the Disposal System.
"Qualified Household Hazardous Waste" means waste materials determined by the Board,
the Department of Health Services, the State Water Resources Control Board, or the Air Resources Board
to be:
(1)Of a nature that they must be listed as hazardous in State statutes and regulations;
(2)Toxic/ignitable/corrosive/reactive; and
(3)Carcinogenic/mutagenic/teratogenic;
which are discarded from households as opposed to businesses. Qualified Household Hazardous Waste shall
not include Unacceptable Waste.
"Residue" means any material remaining from the processing in permitted solid waste
facilities or other facilities, by any means and to any extent, of City Acceptable Waste or Diverted City
Acceptable Waste.
"Resource Conservation and Recovery Act" or "RCRA" means the Resource Conservation
and Recovery Act, 42 U.S.C.A. Section 6901 et seq. (West 1983 & Supp 1989), as amended and superseded.
"Self-Hauled Waste" means City Acceptable Waste collected and hauled by Self-Haulers.
"Self-Hauler" means any person not engaged commercially in waste haulage who collects
and hauls Acceptable Waste generated from residential or business activities conducted by such person.
"Service Covenant" means the covenants and agreements of the County set forth in Sections
3.2 and 3.3 hereof.
"State" means the State of California.
"Term" shall mean the Term of this Agreement specified in Section 6.1.
"Ton" means a "short ton" of 2,000 pounds.
"Transfer Station" means any transfer station or other waste handling or management facility
to which solid waste collected for the City is delivered for transfer, processing or transformation before
disposal in the Disposal System.
"Unacceptable Waste" means Hazardous Waste; Hazardous Substances; Prohibited Medical
Waste; Qualified Household Hazardous Waste separated from Acceptable Waste (or otherwise identified
by the County in loads otherwise containing Acceptable Waste); explosives, ordnance, highly flammable
substances, and noxious materials and lead-acid batteries (except if delivered in minimal quantities); drums
and closed containers; liquid waste, oil, human wastes; machinery and equipment from commercial or
industrial sources, such as hardened gears, shafts, motor vehicles or major components thereof, agricultural
equipment, trailers, marine vessels and steel cable; hot loads; and any waste which the Disposal System is
prohibited from receiving under Applicable Law.
"Uncontrollable Circumstance" means any act, event or condition affecting the Disposal
System, the County, the City, or any of their Franchise Haulers, contractors or suppliers to the extent that
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it materially and adversely affects the ability of either party to perform any obligation under the Agreement
(except for payment obligations), if such act, event or condition is beyond the reasonable control and is not
also the result of the willful or negligent act, error or omission or failure to exercise reasonable diligence on
the part of the party relying thereon as justification for not performing an obligation or complying with any
condition required of such party under the Agreement; provided, however, that the contesting in good faith
or the good faith decision not to contest such action or inaction shall not be construed as willful or negligent
action or a lack of reasonable diligence of either party. Examples of Uncontrollable Circumstances are:
(1)an act of God, landslide, lightning, earthquake, fire, explosion, flood, sabotage or similar
occurrence, acts of a public enemy, extortion, war, blockade or insurrection, riot or civil disturbance;
and
(2)a Change in Law.
It is specifically understood that none of the following acts or conditions shall constitute Uncontrollable
Circumstances: (a) general economic conditions, interest or inflation rates, currency fluctuations or changes
in the cost of fuel, the availability of commodities, supplies or equipment; (b) changes in the financial
condition of the County, the City or any Subcontractor affecting their ability to perform their obligations;
(c) the consequences of errors, neglect or omissions by the County, the City, or any Subcontractor of any tier
in the performance of their obligations hereunder; (d) union work rules, requirements or demands which have
the effect of increasing the number of employees employed in connection with the Disposal System or
otherwise increase the cost to the County of operating and maintaining the Disposal System or providing the
Disposal Services; (e) strikes, work stoppages or other labor disputes or disturbances occurring with respect
to any activity performed or to be performed by the City or the County or any of the City's or County's
Subcontractors in connection with the Disposal System or the Disposal Services; (1) any failure of any
Subcontractor to furnish labor, materials, service or equipment for any reason (other than an Uncontrollable
Circumstance); (g) equipment failure; (h) any impact of minimum wage law, prevailing wage law, customs
or practices on the County's construction or operating costs; or (i) changing conditions in the local, regional,
or national waste disposal market.
"Unincorporated Area" means those portions of the County which are not contained within
the jurisdictional boundaries of incorporated cities.
"Waste Disposal Covenant" means the covenants and agreements of the City set forth in
Section 3.1 hereof.
SECTION 1.2. INTERPRETATION. In this Agreement, unless the context otherwise
requires:
(A)References Hereto. The terms "hereby", "hereof', "herein", "hereunder" and any similar
terms are references to this Agreement, and the term "hereafter" means after, and the term "heretofore"
means before, the Contract Date.
(B)Gender and Plurality. Words of the masculine gender mean and include correlative
words of the feminine and neuter genders and words importing the singular number mean and include the
plural number and vice versa.
(C)Persons. Words importing persons include firms, companies, associations, general
partnerships, limited partnerships, trusts, business trusts, corporations and other legal entities, including
public bodies, as well as individuals.
8
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(D)Headings. The table of contents and any headings preceding the text of the Articles,
Sections and subsections of this Agreement shall be solely for convenience of reference and shall not
constitute a part of this Agreement, nor shall they affect its meaning, construction or effect.
(E)Entire Agreement. This Agreement contains the entire agreement between the parties
hereto with respect to the transactions contemplated by this Agreement and, except as expressly provided
otherwise herein, nothing in this Agreement is intended to confer on haulers or any other person other than
the parties hereto and their respective permitted successors and assigns hereunder any rights or remedies
under or by reason of this Agreement.
(F)Counterparts. This Agreement may be executed in any number of original counterparts.
All such counterparts shall constitute but one and the same Agreement.
(G)Applicable Law. This Agreement shall be governed by and construed in accordance
with the Applicable Laws of the State of California.
(H)Accounting Terms. All accounting terms used but not specifically defined herein shall
be construed in accordance with, all accounting determinations hereunder to be made shall be prepared in
accordance with generally acceptable accounting principles applied on a consistent basis.
(I)Severability. If any clause, provision, subsection, Section or Article of this Agreement
shall be ruled invalid by any court of jurisdiction, then the parties shall: (1) promptly meet and negotiate a
substitute for such clause, provision, subsection, Section or Article which shall, to the greatest extent legally
permissible, effect the intent of the parties therein; (2) if necessary or desirable to accomplish item (1) above,
apply to the court having declared such invalidity for a judicial construction of the invalidated portion of this
Agreement; and (3) negotiate such changes in, substitutions for or additions to the remaining provisions of
this Agreement as may be necessary in addition to and in conjunction with items (1) and (2) above to effect
the intent of the parties in the invalid provision. The invalidity of such clause, provision, subsection, Section
or Article shall not affect any of the remaining provisions hereof, and this Agreement shall be construed and
enforced as if such invalid portion did not exist, unless such invalidity frustrates the underlying primary
purpose of the Agreement.
(J)Integration. This Agreement contains the entire agreement between the parties with
respect to the transactions contemplated hereby. This Agreement shall completely and fully supersede all
prior understandings and agreements between the Parties with respect to such transactions.
(K)Recitals. The recitals to this Agreement are not intended to bind the parties hereto. In
the event of a conflict between the recitals and the operative provisions of this Agreement, the operative
provisions shall prevail. The recitals shall not be used to interpret the provisions of the Agreement.
9
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ARTICLE II
REPRESENTATIONS AND WARRANTIES
SECTION 2.1. REPRESENTATIONS AND WARRANTIES OF THE CITY. The City
represents and warrants that:
(A)Existence. The City is a general law or charter city validly existing under the
Constitution and laws of the State.
(B)Due Authorization. The City has duly authorized the execution and delivery of this
Agreement, and this Agreement has been duly executed and delivered by the City.
(C)No Conflict. Neither the execution nor the delivery by the City of this Agreement nor
the performance by the City of its obligations hereunder nor the consummation by the City of the
transactions contemplated hereby (1) conflicts with, violates or results in a breach of any Applicable Law
or (2) conflicts with, violates or results in a breach of any term or conditions of any contract, agreement,
franchise, judgment, instrument or decree to which the City is a party or by which the City or any of its
properties or assets are bound, or constitutes a default under any such contract, franchise, judgment, decree,
agreement or instrument.
(D)No Litigation. There is no action, suit or other proceeding, at law or equity, before or
by any court or Governmental Body pending or, to the City's best knowledge, threatened against the City in
which an unfavorable decision, ruling or finding which would materially and adversely affect the validity
of or enforceability of this Agreement or any other agreement or instrument to be entered into by the City
in connection with the transactions contemplated hereby, or which would materially and adversely affect the
performance by the City of its obligations hereunder or under any such other agreement or instrument.
SECTION 2.2. REPRESENTATIONS AND WARRANTIES OF THE COUNTY. The
County represents and warrants that:
(A)Existence. The County is a political subdivision of the State of California validly
existing under the Constitution and laws of the State.
(B)Due Authorization. The County has duly authorized the execution and delivery of this
Agreement, and this Agreement has been duly executed and delivered by the County.
(C)No Conflict. Neither the execution nor the delivery by the County of this Agreement
nor the performance by the County of its obligations hereunder nor the consummation by the County of the
transactions contemplated hereby (1) conflicts with, violates or results in a breach of any Applicable Law
or (2) conflicts with, violates or results in a breach of any term or conditions of any contract, agreement,
franchise, judgment, instrument or decree to which the County is a party or by which the County or any of
its properties or assets are bound, or constitutes a default under any such contract, franchise, judgment,
decree, agreement or instrument.
(D)No Litigation. There is no action, suit or other proceeding, at law or equity, before or
by any court or Governmental Body pending or, to the County's best knowledge, threatened against the
County in which an unfavorable decision, ruling or finding which would materially and adversely affect the
validity of or enforceability of this Agreement or any other agreement or instrument to be entered into by
the County in connection with the transactions contemplated hereby, or which would materially and
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adversely affect the performance by the County of its obligations hereunder or under any such other
agreement or instrument.
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ARTICLE III
DELIVERY AND ACCEPTANCE OF WASTE
AND PROVISION OF DISPOSAL SERVICE
SECTION 3.1. DELIVERY OF WASTE. (A) Waste Disposal Covenant. Subject to the occurrence
of the Commencement Date and throughout the Term of this Agreement, the City shall exercise all legal and
contractual power and authority which it may possess from time to time to deliver or cause the delivery of
all Controllable Waste to the Disposal System in accordance herewith beginning on January 1, 1998.
(B) Diverted City Acceptable Waste. The parties hereto acknowledge the responsibility
of the City to meet the recycling and landfill diversion goals contained in the Act. Nothing in this
Agreement is intended or shall be interpreted to prohibit or impair the ability of the City to meet or exceed
such responsibilities, or to restrict the right of the residents, businesses or organizations in the City to
practice source separation, source reduction, recycling, composting or other materials recovery activities,
or to restrict the right of the City to conduct, sponsor, encourage or require such activities in any form. No
reduction in the amount of Controllable Waste generated in the City and delivered to the Disposal System
by or on behalf of the City which may result from any such source separation or recycling program (whether
or not such program meets or exceeds the diversion requirements of the Act) shall cause the City any liability
hereunder and shall not constitute a breach of this Agreement.
[SECTION TO BE USED IF ALL WASTE CURRENTLY STAYS WITHIN COUNTY]
(C) Waste Delivered to Transfer Station or Processing Facilities. Subject to the provisions of
this Section, all Residue from any processing of Controllable Waste by materials recovery, composting,
recycling or other means, performed at In-County Processing Facilities or Out-of-County Processing
Facilities shall constitute Controllable Waste and be subject to the Waste Disposal Covenant. The County
specifically acknowledges that the City shall have the right to deliver or cause the delivery of City
Acceptable Waste to Out-of-County Processing Facilities, and that the City is not obligated to require that
Residue from such Out-of-County Processing Facilities be delivered to the Disposal System, after final
processing or re-processing of such Residue as long as such Residue from Out-of-County Processing
Facilities does not exceed, in any Contract Year, the lesser of (i) 40% of the amount of City Acceptable
Waste delivered to such Out-of-County Processing Facility in such Contract Year or (ii) 2% of the total
amount of Controllable Waste generated in the City during such Contract Year. To the extent that Residue
from the processing of Controllable Waste exceeds the amount specified in the preceding sentence, the City
shall exercise all legal and contractual authority which it may possess from time to time to require that such
excess Residue be delivered to the Disposal System, and shall include a requirement to that effect in any
contracts, agreements or other arrangements for processing at Out-of-County Processing Facilities which
it enters into or amends after the Contract Date. Where City Acceptable Waste is processed at an In-County
or Out-of-County Processing Facility which concurrently processes other Acceptable Waste in a manner
which produces commingled residue which cannot be traced to a geographic source, generic residues from
such Processing Facility in Tonnage equal to the residues that would have been produced had City
Acceptable Waste only been processed at the facility shall constitute Controllable Waste and be subject to
the Waste Disposal Covenant (subject to the exclusion from Controllable Waste of the amounts of Residue
from Out-of-County Processing Facilities specified in this Section 3.1(C).) Such generic residues shall be
delivered to the Disposal System regularly, in approximately the same frequency as deliveries of City
Acceptable Waste to the Processing Facility. (In making any determination of Residue attributable to the
City, the City may rely on the reports or certifications of the owner or operator of the Transfer Station or
Processing Facility.)
[FOLLOWING SECTION TO BE USED IF WASTE CURRENTLY PROCESSED OUT-OF-
COUNTY]
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(C) Waste Delivered to Transfer Station or Processing Facilities. Subject to the provisions of
this Section, all Residue from any processing of Controllable Waste by materials recovery, composting,
recycling or other means, performed at In-County Processing Facilities or Out-of-County Processing
Facilities shall constitute Controllable Waste and be subject to the Waste Disposal Covenant. The County
acknowledges that a portion of Controllable Waste, (i) the subject of a franchise, contract or other agreement
which provides for the processing of such portion of Controllable Waste at an Out-of-County Processing
Facility and (ii) was, as of July 1, 1997, and is, as of the Contract Date being actually delivered to an Out-of
County Processing Facility pursuant to such franchise, contract or other agreement. With respect to the
portion of Controllable Waste which is subject to the franchise, contract or other agreement described in this
Section the City is not obligated to require that Residue from such Out-of-County Processing Facilities be
delivered to the Disposal System, after final processing or re-processing of such Residue as long as such
Residue from Out-of-County Processing Facilities does not exceed, in any Contract Year, the lesser of (i)
40% of the amount of City Acceptable Waste delivered to such Out-of-County Processing Facility in such
Contract Year or (ii) 7% of the total amount of Controllable Waste generated in the City during such
Contract Year. However, the City agrees that upon the expiration date of such franchise, contract or
agreement (as such expiration date exists as of the Contract Date, without any renewal, amendment or
modification thereof) the City will not be obligated to require that Residue from such Out-of-County
Processing Facilities be delivered to the Disposal System, after final processing or re-processing of such
Residue as long as such Residue from Out-of-County Processing Facilities does not exceed, in any Contract
Year, the lesser of (i) 40% of the amount of City Acceptable Waste delivered to such Out-of-County
Processing Facility in such Contract Year or (ii) 2% of the total amount of Controllable Waste generated in
the City during such Contract Year To the extent that Residue from the processing of Controllable Waste
exceeds the amount specified in this Section, the City shall exercise all legal and contractual authority which
it may possess from to time to time to require that such excess Residue be delivered to the Disposal System,
and shall include a requirement to that effect in any contracts, agreements or other arrangements for
processing at Out-of-County Processing Facilities which it enters into or amends after the Contract Date.
Where City Acceptable Waste is processed at an In-County or Out-of-County Processing Facility which
concurrently processes other Acceptable Waste in a manner which produces commingled residue which
cannot be traced to a geographic source, generic residues from such Processing Facility in Tonnage equal
to the residues that would have been produced had City Acceptable Waste only been processed at the facility
shall constitute Controllable Waste and be subject to the Waste Disposal Covenant (subject to the exclusion
from Controllable Waste of the amounts of Residue from Out-of-County Processing Facilities specified this
Section 3.1(C).) Such generic residues shall be delivered to the Disposal System regularly, in approximately
the same frequency as deliveries of City Acceptable Waste to the Processing Facility. (In making any
determination of Residue attributable to the City, the City may rely on the reports or certifications of the
owner or operator of the Transfer Station or Processing Facility.)
(D) Power to Obligate Waste Disposal and Comply with this Agreement. On or before
January 1, 1998, (i) any City franchise, contract, lease, or other agreement which is lawfully in effect relating
to or affecting Controllable Waste shall provide, or shall have been amended to provide, that the City shall
have the right without material restriction on and after the January 1, 1998 to direct the delivery of all
Controllable Waste to a disposal location selected by the City (whether or not such Controllable Waste is
delivered to a transfer station as an intermediate step prior to landfill disposal) and otherwise to comply with
its obligations under this Agreement with respect to Controllable Waste and Franchise Haulers, (ii) the City
shall designate the Designated Disposal Site as the disposal location pursuant to such franchise, contract,
lease or other agreement and (iii) the City's Franchise Hauler shall execute the Hauler Acknowledgment
attached hereto as Appendix 2, pursuant to which the Franchise Hauler acknowledges the City's execution
of this Agreement, and agrees to comply with the Waste Disposal Covenant. Throughout the Term of this
Agreement the City (a) shall not enter into any franchise, contract, lease, agreement or obligation, issue any
permit, license or approval, or adopt any ordinance, resolution or law which is materially inconsistent with
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the requirements of the Waste Disposal Covenant, and (b) shall maintain non-exclusive or exclusive
franchises or other contractual arrangements (or collection through City owned and operated collection
services) over any City Acceptable Waste which, as of the Contract Date, is subject to non-exclusive or
exclusive franchise or other contractual arrangements. The City agrees that the County shall be a third party
beneficiary of the obligation of Franchise Haulers to deliver Controllable Waste to the Disposal System, and
may directly enforce such obligation through any legal or means available; provided, however, that such
designation of the County as a third party beneficiary does not relieve the City of its obligations hereunder
to enforce the waste delivery obligation of the Franchise Haulers. The City shall notify in writing each
Franchise Hauler of the County's third party beneficiary rights.
(E)Waste Flow Enforcement. The City, in cooperation with the County, shall establish,
implement, carry out and enforce a waste flow enforcement program which is sufficient to assure the
delivery of all Controllable Waste to the Disposal System pursuant to and in accordance with the Waste
Disposal Covenant for disposal at the times and in the manner provided herein. The waste flow enforcement
program shall consist of amending City franchises with all Franchise Haulers, to the extent required by this
Section, and shall include in addition, to the extent necessary and appropriate in the circumstances to assure
compliance with the Waste Disposal Covenant, but shall not be limited to: (1) licensing or permitting
Franchise Haulers, upon the condition of compliance with the Waste Disposal Covenant, (2) providing for
and taking appropriate enforcement action under any such franchise, license, or permit, such as but not
limited to the suspension, revocation and termination of collection rights and privileges, the imposition of
fines or collection of damages, and the exercise of injunctive relief against non-complying Franchise Haulers
and (3) causing any Transfer Station to which Controllable Waste is delivered for processing to deliver
certification, under the penalty of perjury, of the amounts of Controllable Waste received and Residue
remaining from processing at such Transfer Station. The City acknowledges and agrees that in the event of
a breach of the Waste Disposal Covenant by the City, the City shall pay the County an amount equal to 100%
multiplied by the Contract Rate in effect at the time of such breach multiplied by the number of tons of
Controllable Waste which were not delivered to the Disposal System as a result of the failure of the City to
comply with the Waste Disposal Covenant. The parties recognize that if the City fails to meet its obligations
hereunder, the County will suffer damages and that it is and will be impracticable and extremely difficult
to ascertain and determine the exact amount of such damages. Therefore, the parties agree that the damages
specified above represent a reasonable estimate of the amount of such damages, considering all of the
circumstances existing on the date hereto, including the relationship of the sums to the range of harm to the
County that reasonably could be anticipated and anticipation that proof of actual damages would be costly
or inconvenient. In signing this Agreement, each party specifically confirms the accuracy of the statements
made above and the fact that each party had ample opportunity to consult with legal counsel and obtain an
explanation of this liquidated damage provision at the time that this Agreement was made.
(F)Legal Challenges to Franchise System. The City shall use its best efforts to
preserve, protect and defend (by diligent pursuit of claims through the trial court level) its right to exercise
and comply with the Waste Disposal Covenant against any challenge thereto, legal or otherwise (including
any lawsuits against the City or the County, whether as plaintiff or defendant), by a Franchise Hauler or any
other person, based upon breach of contract, violation of law or any other legal theory. The City shall bear
the cost and expense of any such Legal Proceeding or other challenge. In the event any such Legal
Proceeding relating to the Waste Disposal Covenant or the City's exercise thereof establishes in a final
determination that such covenant or exercise thereof is void, unlawful or unenforceable, or if any Franchise
Hauler fails to deliver Controllable Waste to the Disposal System in breach of its franchise with the City on
the grounds that a judicial determination made by any court or other Applicable Law has rendered its
obligation to deliver Controllable Waste to the Disposal System void, unlawful or unenforceable on any legal
grounds, with the result that actual waste deliveries of the City's Controllable Waste to the Disposal System
in any Contract Year fall below 93% of the amount of the City's Controllable Waste delivered to the
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Disposal System during the preceding Contract Year, the County shall be entitled to terminate this
Agreement upon 60 days prior written notice to the City. Such right of the County to terminate must be
exercised within one year of the end of the Contract Year during which the delivery shortfalls described in
this Section giving rise to the right to terminate occurred. Upon any termination by the County pursuant to
the provisions of this Section, the obligations of the County pursuant to Section 7.3 hereof shall not apply
to any Loss-and-Expense of the City which may arise from deliveries of waste to the Disposal System after
such date of termination.
(G)Franchise Haulers. The City shall compile and provide the County with the
following information concerning all Franchise Haulers: name, address and phone number; identification
number; area of collection and transportation; and franchise and permit terms.
(H)Waste Information System. The City shall cooperate with the County in collecting
information and otherwise monitoring Franchise Haulers in order to assure compliance with this Agreement.
Such information may include, to the extent practicable, data pertaining to Controllable Waste collected,
transported, stored, processed and disposed of Diverted City Acceptable Waste collected, transported,
stored, processed and marketed or disposed of; Franchise Haulers' franchise, permit or license terms,
collection areas, transportation routes and compliance with Applicable Law; and all other information which
may reasonably be required by the County in connection with this Agreement.
(I)City Actions Affecting County. The City agrees not to conduct any disposal services
for Controllable Waste to be provided in competition with the Disposal Services provided by the County
hereunder, and not to take or omit to take any action with respect to Controllable Waste or its collection,
transportation, transfer, storage, treatment or disposal that may materially and adversely affect the County's
ability to achieve such timely compliance. The County acknowledges that development by the City (or
cooperation by the City in connection with the private development of) any materials recovery facility or
transfer station located within or without the City shall not violate the provisions of this section as long as
the ultimate disposal site for any Controllable Waste (or Residue therefrom) which is delivered to such
materials recovery facility or transfer station is the Disposal System. Notwithstanding the foregoing, the City
shall not be required to (i) approve or deny any permit or license or grant or refuse to grant any approval
while exercising its police powers or (ii) waive, modify or otherwise limit in any manner the City's land use
authority.
No Right of Waste Substitution. Nothing in this Agreement shall authorize or entitle
the City to deliver or cause the delivery to the Disposal System of Acceptable Waste originating from or
generated outside the jurisdiction of the City, nor obligate the County to receive or dispose of any such
Acceptable Waste. The City shall not assign in whole or in part its right to deliver or cause to be delivered
Controllable Waste to the County hereunder, and shall not permit any Acceptable Waste originating from
or generated outside the jurisdiction of the City to be substituted for Controllable Waste for any purpose
hereunder.
(K) Annexations and Restructuring. It is the intention of the parties that this Agreement
and the obligations and rights of the City hereunder, including particularly the Waste Disposal Covenant and
the Contract Rate, shall, to the extent permitted by Applicable Law (and subject to any rights of waste
haulers operating in such areas prior to such annexation ), extend to any territory annexed by the City (or any
territory with respect to which the City assumes solid waste management responsibility from a sanitary
district or other public entity) and shall bind any successor or restructured Governmental Body which shall
assume or succeed to the rights of the City under Applicable Law.
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SECTION 3.2. PROVISION OF DISPOSAL SERVICES BY THE COUNTY. (A) Service
Covenant. Commencing January 1, 1998, the County shall provide or cause the provision of the service of
(1) receiving and disposing of all Controllable Waste at the Designated Disposal Facility, (2) disposing in
accordance with subsection 3.2(C) hereof of Controllable Waste which, at any time and for any reason, is
in excess of the disposal capacity of the Designated Disposal Facility, and (3) in accordance with subsection
3.3(C) hereof, disposing of Unacceptable Waste inadvertently accepted at the Designated Disposal Facility.
The County shall do and perform all acts and things which may be necessary or desirable in connection with
its covenants in this subsection, including without limitation all planning, development, administration,
implementation, construction, operation, maintenance, management, financing and contract work related
thereto or undertaken in connection therewith. The County shall exercise all reasonable efforts to minimize
the costs incurred in complying with the Service Covenant consistent with its responsibilities hereunder and
under this Agreement, Applicable Law and prudent solid waste management practice and environmental
considerations, so as to enable the County to provide the services hereunder at the Contract Rate.
(B) Temporary Unavailability of Designated Disposal Facility: Provision of Transfer
Capacity. The County shall immediately advise the City and Franchise Hauler by telephone and facsimile
of any situation, event or circumstance which results in the partial or complete inability of the County to
receive Controllable Waste at the Designated Disposal Facility, its effect on the County's ability to perform
its obligations hereunder, and the County's best estimate of the probable duration. The County shall confirm
such advice in writing within 24 hours of the occurrence of any such inability. The County shall use its best
efforts to resume normal operation of the Designated Disposal Facility as soon as possible in accordance
with subsection 3.2(C) hereof. In the event that, at any time during the term hereof, the County is unable to
accept City Acceptable Waste for disposal at any particular Designated Disposal Facility for a period in
excess of 14 consecutive days, it shall nonetheless provide sufficient transfer capacity at such Designated
Disposal Facility, and shall accept for transfer and disposal City Acceptable Waste at such Designated
Disposal Facility for the Contract Rate. In the event that the County cannot provide such transfer capacity,
it shall be obligated to accept such City Acceptable Waste at another facility within the Disposal System and
to reimburse the City for any increased transportation cost (including without limitation, equipment rental
costs, overtime and increased fuel costs resulting from the unavailability of the Designated Disposal Facility)
incurred by the City or the Franchise Haulers in transporting City Acceptable Waste to another disposal
facility within the Disposal System. In the event that the County cannot provide disposal capacity at another
facility within the Disposal System, it shall be obligated to reimburse the City for (i) any increased
transportation cost (including without limitation, equipment rental costs, overtime and increased fuel costs
resulting from the unavailability of the Designated Disposal Facility) incurred by the City or the Franchise
Haulers in transporting City Acceptable Waste to any other disposal facility used by the City or Franchise
Hauler and (ii) the amount, if any, by which the tipping fee at the alternative facility utilized by the City or
Franchise Hauler (because of the unavailability of any facility within the Disposal System) exceeds the then
current Contract Rate. The invoice shall include reasonable substantiation of the amount invoiced.
(C) Termination by County in Certain Circumstances. In the event that the Designated Disposal
Facility becomes unavailable pursuant to Section 3.2(B) for a period exceeding 14 days, the County shall
have the right to terminate this Agreement pursuant to this Section. The County may exercise such right by
providing 10 days prior written notice thereof to the City. In the event that the County exercises such right,
the County shall be obligated to pay the City an amount equal to (i) any aggregate increased transportation
cost (including without limitation, equipment rental costs, overtime and increased fuel costs resulting from
the unavailability of the Designated Disposal Facility) reasonably expected to be incurred by the City or the
Franchise Haulers in transporting City Acceptable Waste to any other disposal facility used by the City or
Franchise Hauler for a period of one year following the date of termination and (ii) the aggregate amount,
if any, by which the tipping fee at the alternative facility utilized by the City or Franchise Hauler (because
of the unavailability of any facility within the Disposal System) is reasonably expected to exceed the then
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current Contract Rate for a period of one year following the date of termination. Such amounts shall be
payable by the County within 60 days of the date of termination.
(D)Change in Designated Disposal Facility by Mutual Consent. The Designated
Disposal Facility has been initially designated in Appendix I hereto. The Designated Disposal Facility may
be changed, and other Designated Disposal Facilities added, at any time with the mutual consent of the
parties.
(E)Change in Designated Disposal Facility at City Request. In the event the City
wishes to change the Designated Disposal Facility to another Disposal System Component, the City shall
provide written notice and the reasons therefor to the County, and shall indicate whether the requested
change is permanent or temporary. The County shall consider any such request in good faith and provide
a response to the City within 14 days, taking into account the reasons for the request, the County's
obligations to other cities which have executed Disposal Agreements, the requirements of Applicable Law,
and the implications of any such change for the Disposal System as a whole. The County shall honor any
such request to the extent commercially practicable based on such considerations and the overall interests
of the Disposal System.
(F)Annual Notification of Remaining Disposal Capacity. At the end of each Contract
Year, the City shall advise the County in writing as to the expected delivery levels of Controllable Waste
during the next Contract Year, and the County shall submit to the City a statement specifying (1) the amount
of disposal capacity at the Designated Disposal Facility expected to be available for use by the City during
the next Contract Year; (2) the aggregate amount of Disposal System capacity expected to be available for
use by the cities which have executed Disposal Agreements during the remaining Term of this Agreement;
and (3) any plans the County may have with respect to redesignating the Designated Disposal Facility,
increasing or decreasing the number of cities using the Designated Disposal Facility, or curtailing or
expanding the use of the Designated Disposal Facility. The annual notification to be provided by the County
pursuant to this Section shall also describe the status of any permits required with respect to the Designated
Disposal Facility, including a description of (i) any permit revisions expected to be proposed by the County;
and (ii) any abatement orders or other permit compliance or enforcement actions taken or proposed by
Governmental Bodies.
SECTION 3.3. COUNTY RIGHT TO REFUSE WASTE. (A) Right of Refusal.
Notwithstanding any other provision hereof, the County may refuse delivery of:
(1)Unacceptable Waste; and
(2)Controllable Waste delivered at hours other than those provided in the facility
operating permit.
(B)Identification of Unacceptable Waste. The County shall have the right (but not the duty
or the obligation) to inspect the vehicles of all Franchise Haulers delivering material to the Disposal System,
and may require that the Franchise Hauler remove any Unacceptable Waste from such vehicle before it is
unloaded. If the County determines that it is impractical to separate Controllable Waste from Unacceptable
Waste in any vehicle, or if the Franchise Hauler delivering such waste is unwilling to make such separation,
or if any vehicle is carrying waste which may spill or leak, then the County may reject the entire vehicle, and
the County shall require that the Franchise Hauler shall forthwith remove or cause the removal of the entire
delivery from the Disposal System.
(C)Hazardous Waste and Hazardous Substances. The parties acknowledge that the
Disposal System has not been designed or permitted, and is not intended to be used in any manner or to any
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extent, for the handling, transportation, storage or disposal of Hazardous Waste or Hazardous Substances.
Neither the County nor the City shall countenance or knowingly permit the delivery of Hazardous Waste or
Hazardous Substances to the Disposal System.
(D)Disposal of Unacceptable Waste and Hazardous Waste. If Unacceptable Waste or
Hazardous Waste is discovered in a vehicle at any landfill within the Disposal System, the driver of the
vehicle will not be permitted to discharge the load. If a vehicle is observed unloading Unacceptable Waste
or Hazardous Waste in the tipping area of a landfill within the Disposal System County personnel will use
reasonable efforts to assure that such material has been characterized, properly secured and its disposition
resolved. The return or reloading on to the delivery vehicle of any Hazardous Waste, Prohibited Medical
Waste or other waste requiring handling or transportation shall be conducted in accordance with Applicable
Law. Whenever Hazardous Waste is detected at any landfill within the Disposal System, the County shall
take immediate action in accordance with Applicable Law. In addition, if the County inadvertently accepts
Unacceptable Waste, it shall have the right to pursue any remedies which it may against the person
delivering such Unacceptable Waste to recoup the cost of handling and properly disposing of such
Unacceptable Waste.
(E)Environmental Insurance. Prior to the Contract Date, the County will obtain
insurance for potential CERCLA or other environmental liability of the Disposal System, in an amount equal
to $10,000,000 with deductibles of: (i) $1,000,000 for events giving rise to coverage which events occurred
prior to October 1, 1995 and (ii) $250,000 for events giving rise to coverage which events occurred on or
after October 1, 1995. The County shall maintain comparable insurance throughout the term hereof so long
as commercially available on reasonable terms, as determined in the reasonable discretion of the County risk
manager. The County shall notify the City in the event that the County does not maintain the insurance
described in this Section.
SECTION 3.4. MISCELLANEOUS OPERATIONAL MATTERS. (A) Permit Revisions
or Stipulated Orders. The County shall provide the City with any application of the County to revise the
Legal Entitlements for the Designated Disposal Facility (or any draft or final stipulated notice and order
relating to the Designated Disposal Facility which may be under consideration by the local enforcement
agency with jurisdiction over the Designated Disposal Facility). Such applications shall be provided to the
City concurrently with its submittal to the appropriate regulatory agency.
(B) Scales and Weighing. The County shall operate and maintain permanent scales at the
Disposal System in compliance with Applicable Law. The County shall weigh all vehicles delivering
Controllable Waste by or on behalf of the City (whether or not the County accepts such waste) and prepare
a daily weight record with regard to such delivery. (In the event that scales are temporarily unavailable, the
County shall reasonably estimate the weight of Controllable Waste delivered by volume.)
SECTION 3.5. OTHER USERS OF THE DISPOSAL SYSTEM. (A) Generally. The
County shall have the right to enter into waste disposal agreements with other cities in the County, Sanitary
Districts, Transfer Stations or Independent Haulers; provided, however, that in no event shall such
agreements have terms and provisions more favorable than the terms and provisions of this Agreement
(including but not limited to the Contract Rate and availability of disposal capacity) unless the County has
first offered the City such more favorable contract (or amendments to this Agreement).
(B) Receipt of Imported Acceptable Waste on a Contract Basis. The County shall have
the right to enter into a contract or other agreement with any municipal or private non-County entity for the
delivery of Imported Acceptable Waste on terms and conditions that the County determines to be necessary
to ensure and enhance the viability of the Disposal System for the benefit of the County and the cities which
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have executed Disposal Agreements. The County shall not enter into any such arrangements if such
arrangements would materially and adversely affect the ability of the County to receive and dispose of
Acceptable Waste from the cities which have executed Disposal Agreements in accordance with the Disposal
Agreements throughout the Term thereof. Any such agreements shall provide that, in the event there is
insufficient capacity at the Designated Disposal Facility for both Controllable Waste and Imported
Acceptable Waste, Controllable Waste shall have priority with respect to existing capacity.
SECTION 3.6. COUNTY PROVISION OF WASTE DIVERSION SERVICES.
(A) County-Wide Recycling Services. This Agreement does not require the County to provide for any source
reduction, materials recovery, recycling, composting, or other waste diversion services by the County nor
any payment therefor by the City, by Franchise Haulers or by ratepayers; provided, however, any County-
Wide Recycling Services, or recycling services provided at any Designated Disposal Facility (such as
providing drop boxes for wood waste, green waste or other recyclable materials delivered to such Designated
Disposal Facility), may be funded through the County Waste Management Enterprise Fund. Any such
recycling services may be expanded, contracted or modified by the County at any time in its sole discretion.
(B) Separate City-County Diversion Service Agreements. Nothing in this Agreement
is intended to limit the right of the County to enter into a separate agreement with the City or any other
person to provide source reduction, materials recovery, recycling, composting or other waste diversion
services. Any such program conducted by the County, whether in participation with the City, any other of
the cities which have executed Disposal Agreements, other cities, Sanitary Districts, Transfer Stations,
Independent Haulers, Unincorporated Area or non-County entity, shall be operated, managed and accounted
for as a program separate and distinct from the Disposal Services program contemplated by the Disposal
Agreements and shall not be funded through the general revenues of the Disposal System.
(C) Diversion Programs in Unincorporated Areas. To the extent the County implements
diversion or other related programs in the Unincorporated Area of the County, the cost of such diversion
programs shall be paid by the residences and businesses receiving the benefit of such diversion programs,
and shall not be payable from the revenues of the Disposal System.
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ARTICLE IV
CONTRACT RATE
SECTION 4.1. CHARGING AND SECURING PAYMENT OF CONTRACT RATE. The
City acknowledges that the County shall have the right to charge and collect a Contract Rate for the
acceptance and disposal of Controllable Waste delivered to the System by any Franchise Hauler. The
Contract Rate shall be calculated and established, and may be modified, as provided in Section 4.2 hereof.
In addition, the City acknowledges that the County shall have the right to establish as part of the operating
rules and regulations reasonable measures to secure the payment of all Contract Rates. Notwithstanding
Section 4.2(A), the County shall have the right to impose special charges for the receipt of hard to handle
materials, such as bulky materials, construction and demolition debris, tires and sludge. Such special charges
shall be calculated to reflect the reasonable incremental costs to the County of accepting such hard to handle
materials.
SECTION 4.2. CONTRACT RATE. (A) Generally. Effective January 1, 1998, the
Contract Rate payable by each Franchise Hauler shall be $28.50 per ton, subject to potential adjustment
necessary to reflect the circumstances set forth below:
(i)increased costs incurred by the County (in excess of available insurance proceeds)
due to the occurrence of one or more Uncontrollable Circumstances, including Changes in Law; and
(ii)escalation during the Term of this Agreement calculated in accordance with Section
4.2 (B).
Prior to adjusting the Contract Rate as a result of any of the circumstances described in
Section 4.2(A)(i), the County shall utilize the following remedy: reduce the costs of operating the Disposal
System to the extent practicable.
Any adjustments to the Contract Rate permitted by this Section 4.2(A)(i) shall be calculated
by the County to reflect the actual costs or expenses of addressing the circumstance or circumstances
pursuant to which the adjustment is authorized, and shall also reflect, where applicable, the then remaining
capacity in the Disposal System. Such adjustment may not reflect circumstances other than the circumstances
described in Section 4.2(A)(i).
(B) Calculation of Escalation. For purposes of Section 4.2(A)(ii), the Contract Rate shall be
adjusted in accordance with the formula described in this Section each July 1 during the term hereof,
commencing July 1, 1999. The adjustment shall be calculated in accordance with the following formula:
Contract Rate = Fixed Portion + [Escalating Portion x Index]
Where,
Fixed Portion = $10.87
Escalating Portion = $17.63
Index = Price Index, which shall be determined in accordance with the
following formula
I .7[PPI I/PP12]+.3[EI I/EI2]
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PPII The Producer Price Index, Industrial Commodities, as published by
the United States Department of Labor Statistics in the publication
Producer Price Indices, Table 6, for the month of February in the
year the adjustment is being made (e.g., the first adjustment will
use the February, 1999 value)
PPI, = Producer Price Index, Industrial Commodities for the month of
February, 1998
ET, = Employment Cost Index, Compensation, Private Industry Workers,
as published by the United States Department of Labor Statistics
in the publication Monthly Labor Review, Table 22 for the last
quarter of the year preceding the year the adjustment is being made
(e.g., the first adjustment will use the last quarter, 1998 value)
EI2 = Employment Cost Index, Compensation, Private Industry Workers
established for the last quarter of 1997
If the Employment Cost Index or Producer Price Index are no longer published, or are otherwise
unavailable, then the Cost of Living Adjustment shall be determined by using standard official statistics
measuring changes to, respectively, labor costs and cost of materials, as the parties shall mutually agree.
(C) Procedure for Rate Adjustments. In the event the County determines that it is
entitled to an adjustment of the Contract Rate pursuant to Section 4.2(A)(i), it shall utilize the procedures
described in this Section 4.2(C). The County shall be required to provide the City with at least 60 days prior
written notice of the adjustment, which notice shall identify the specific event(s) or circumstances which
require the adjustment. The notice shall also specify the earliest date on which the County Board of
Supervisors shall consider the proposed adjustment. At least 45 days prior to such meeting of the Board of
Supervisors, the County shall provide the City with a report which shall contain the following information:
a description of the specific event(s) or circumstances which require the adjustment; a description (including
cost estimates) of any activities (which may include, but not be limited to capital improvements to the
Disposal System) required in order to remedy such event or circumstance; certification by the County that
it has implemented the remedy described in Section 4.2 prior to requiring the rate adjustment; and a
description of the methodology used by the County to calculate the adjustment to the Contract Rate
(hereinafter the "County Report"). In the event the City disputes the adjustment, it shall provide the County
with a written description of the reason for the dispute at least 10 days prior to the meeting of the Board of
Supervisors identified in the initial notice of the County (hereinafter the "City Report"). The City Report
shall be provided to the Board of Supervisors for consideration at such meeting in connection with the
proposed rate adjustment. At any time from and after the date that the County provides the City with the
County Report, upon the request of either party, the City and County shall meet and confer in good faith to
resolve any dispute that may arise regarding the proposed adjustment to the Contract Rate. In the event the
Board of Supervisors approves all or a portion of the proposed rate adjustment, such rate adjustment shall
become effective on the date identified in the initial notice sent by the County, but subject to potential
reimbursement pursuant to Section 4.2(D).
(D) Challenges to Rate Adjustment. In the event that the City challenges a Rate Adjustment
made pursuant to Section 4.2(A) and a court of applicable jurisdiction determines that any portion of the
County's adjusted Contract Rate was improperly imposed, the County shall, within 30 days of the date of
the statement of decision, reimburse to the City the amount improperly imposed, together with interest
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calculated at the Overdue Rate. Such reimbursement may be made in the form of a reduction in the Contract
Rate for a future period reasonably calculated to provide full reimbursement of the amounts described above.
SECTION 4.3. RESPONSIBILITY FOR PAYMENT OF THE CONTRACT. (A) Payment
by City. In the event and to the extent (1) the City uses municipai collection forces directly for the haulage
of Controllable Waste to the Disposal System or (2) the City uses non-municipal Franchise Haulers for
collection but nonetheless elects to pay the Contract Rate from City revenues, the City shall have direct
responsibility for payment of the Contract Rate, and shall take all such budgetary, appropriation and other
action as may be necessary to provide for the timely payment of the Contract Rate. Such action may include,
depending upon the means authorized by the City to provide for such payment, the levy and collection of
general or special taxes, the imposition of benefit assessments, or the collection of user fees, generator
charges or other similar impositions for municipal solid waste disposal. The City shall use best efforts in
accordance with Applicable Law to levy and impose all such taxes, assessments, fees or charges, and will
take all steps, actions and proceedings for the enforcement, collection and payment of all such amounts
which shall become delinquent, to the full extent permitted by Applicable Law. To the extent provided in
Section 7.5 hereof, the obligation of the City for such Contract Rate or Transfer Rates shall be limited to
amounts in the City's Solid Waste Enterprise Fund. From the Commencement Date to the date of expiration
or termination of this Agreement, the obligation of the City to pay the Contract Rate or Transfer Rate, to the
extent the City rather than Franchise Haulers is responsible directly for payment and provided that the
Service Covenant has been complied with, shall be absolute and unconditional and shall not be subject to
delay or diminution by reason of set-off, abatement, counterclaim, existence of a dispute or otherwise. The
obligation of the City hereunder shall be limited in all circumstances to amounts available in any enterprise
fund created by the City for solid waste management purposes, and there shall be no recourse hereunder
against the City's general fund or other funds not related to solid waste management purposes for amounts
owed by the City hereunder.
(B)Payment by Franchise Haulers. With respect to Controllable Waste delivered by
Franchise Haulers other than City municipal collection forces, the obligation to pay the Contract Rate shall
rest with such Franchise Haulers and not with the City and, unless the City has agreed with the County to
be responsible for Franchise Hauler payments, the City shall not be financially responsible for any delay or
failure by such Franchise Hauler to pay the Contract Rate or any portion thereof when due. In the event of
any such failure, the County and the City shall cooperate with each other and use their best efforts to obtain
timely payment. Such efforts by the County may include, as appropriate, requiring cash payments for
disposal rights from such Franchise Hauler and bringing a legal proceeding for payment and damages. Such
efforts by the City shall include, as appropriate, legal proceedings to suspend, revoke or terminate the
Franchise Hauler's franchise, permit or license rights.
(C)Disputes. If the City or the Franchise Hauler disputes any amount billed by the
County in any Billing Statement, the City or the Franchise Hauler shall nonetheless pay undisputed amounts
identified on such Billing Statement and shall provide the County with written objection within 30 days of
the receipt of such Billing Statement indicating the amount that is being disputed and providing all reasons
then known to the City or the Franchise Hauler for any objection to or disagreement with such amount. The
County shall then respond to such written objection (providing additional documentation substantiating the
amount disputed if applicable) within 30 days of receipt of the written objection. If the City or the Franchise
Hauler and the County are not able to resolve such dispute within 30 days after the County's response, either
party may pursue appropriate legal remedies. In addition, in the event of nonpayment by the City or
Franchise Hauler, as applicable, the County shall have the right to discontinue any credit arrangements it
may have had with the City or Franchise Hauler, and require cash payment for subsequent deliveries.
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SECTION 4.4. BILLING OF THE CONTRACT RATE. The County shall continue to bill
Contract Rate after January 1, 1998, in the same manner as it has customarily billed tipping fees. Subject to
the other provisions of this Agreement, the County shall have the right to modify or amend such manner of
billing on reasonable notice to affected parties.
SECTION 4.5. SOLID WASTE DISPOSAL FEE OPTION. Notwithstanding the other
provisions of this Article IV, City shall have the option to adopt the following procedure:
City agrees that it or its Franchise Hauler will pay the then current Solid Waste Disposal Fee (which Fee is,
at this time, set forth in Section 16.0222 of the County Code), as same may be amended from time to time,
relative to the City's Controllable Waste delivered to the Disposal System. In turn, the City will receive a
monthly payment from the County equal to the product of: the City's Controllable Waste delivered to the
Disposal System for the month in question multiplied by the difference between the then current Solid
Waste Disposal Fee and the then current Contract Rate (as the Contract Rate is determined under the
provisions of this Agreement). City acknowledges that the County shall have the right to establish as part
of the operating rules and regulations reasonable measures to secure the payment of all Solid Waste Disposal
Fees. Further, all references to "Contract Rate" in Sections 4.3 and 4.4 shall be deemed to refer to the Solid
Waste Disposal Fee.
City shall elect the option set forth in this Section 4.5 by notifying the County of such election as provided
in Section 7.16. The election shall be effective on the first day of the second month following receipt of the
notice by County.
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ARTICLE V
BREACH, ENFORCEMENT AND TERMINATION
SECTION 5.1. BREACH: REMEDIES. The parties acknowledge that the money damages
provided hereunder may not be adequate to compensate either party for the other party's nonperformance.
The parties agree that in the event either party breaches any obligation under this Agreement or any
representation made by either party hereunder is untrue in any material respect, the other party shall have
the right to take any action at law or in equity (including actions for injunctive relief, mandamus and specific
performance) it may have to enforce the payment of any amounts due or the performance of any obligations
to be performed hereunder. Neither party shall have the right to terminate this Agreement except as provided
in Section 3.1(F), Section 3.2(C), Section 5.2 and Section 5.3 hereof or as otherwise provided in this
Agreement.
SECTION 5.2. CITY CONVENIENCE TERMINATION. The City shall have the right to
terminate this Agreement in its sole discretion, for its convenience and without cause at any time during the
Term hereof upon 90 days' written notice to the County. If the City exercises its rights to terminate the
Agreement pursuant to this Section, the City shall pay the County a termination fee equal to (x) $14.25
multiplied by (y) the amount of Controllable Waste delivered to the Disposal System during the prior
Contract Year multiplied by (z) remaining term of the Waste Disposal Agreement, stated in years (assuming
such termination for convenience did not occur). Upon any termination by the City pursuant to the provisions
of this Section, the obligations of the County pursuant to Section 7.3 hereof shall not survive such
termination, notwithstanding Section 6.1(B).
SECTION 5.3. TERMINATION. (A) By City. Except as expressly provided herein, the
City shall have no right to terminate this Agreement for cause except in the event of the repeated failure or
refusal by the County substantially to perform any material obligation under this Agreement unless such
failure or refusal is excused by an Uncontrollable Circumstance; except that no such failure or refusal shall
give the City the right to terminate this Agreement for cause under this subsection unless:
(1)The City has given prior written notice to the County stating that a specified failure
or refusal to perform exists which will, unless corrected, constitute a material breach of this
Agreement on the part of the County and which will, in its opinion, give the City the right to
terminate this Agreement for cause under this subsection unless such breach is corrected within a
reasonable period of time, and
(2)The County has neither challenged in an appropriate forum (in accordance with
Section 5.6) the City's conclusion that such failure or refusal to perform has occurred or constitutes
a material breach of this Agreement nor corrected or diligently taken steps to correct such breach
within a reasonable period of time not more than 90 days from the date of the notice given pursuant
to clause (1) of this subsection (but if the County shall have diligently taken steps to correct such
breach within such reasonable period of time, the same shall not constitute a breach giving rise to
the right of termination for as long as the County is continuing to take such steps to correct such
breach).
(B) By County. Except as expressly provided herein, the County shall have no right to
terminate this Agreement for cause except in the event of the repeated failure or refusal by the City
substantially to perform any material obligation under this Agreement unless such failure or refusal is
excused by an Uncontrollable Circumstance; except that no such failure or refusal shall give the County the
right to terminate this Agreement for cause under this subsection unless:
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(1)The County has given prior written notice to the City stating that a specified failure
or refusal to perform exists which will, unless corrected, constitute a material breach of this
Agreement on the part of the City and which will, in its opinion, give the County right to terminate
this Agreement for cause under this subsection unless such breach is corrected within a reasonable
period of time, and
(2)The City has neither challenged in an appropriate forum (in accordance with Section
5.6 the County's conclusion that such failure or refusal to perform has occurred or constitutes a
material breach of this Agreement nor corrected or diligently taken steps to correct such breach
within a reasonable period of time not more than 90 days from the date of the notice given pursuant
to clause (1) of this subsection (but if the City shall have diligently taken steps to correct such breach
within such reasonable period of time, the same shall not constitute a breach giving rise to the right
of termination for as long as the City is continuing to take such steps to correct such breach).
SECTION 5.4. NO WAIVERS. No action of the County or the City pursuant to this
Agreement (including, but not limited to, any investigation or payment), and no failure to act, shall constitute
a waiver by either party of the other party's compliance with any term or provision of this Agreement. No
course of dealing or delay by the County or the City in exercising any right, power or remedy under this
Agreement shall operate as a waiver thereof or otherwise prejudice such party's rights, powers and remedies.
No single or partial exercise of (or failure to exercise) any right, power or remedy of the County or the City
under this Agreement shall preclude any other or further exercise thereof of the exercise of any other right,
power or remedy.
SECTION 5.5 DAMAGES. (A) City. In the event that the City terminates the Agreement
pursuant to Section 5.3(A), the County shall be obligated to pay to the City as damages the amount by which
the City's reasonably expected cost of transporting and disposing of City Acceptable Waste (for a period
commencing on the date of termination and ending one year after such date of termination) exceeds the
aggregate Contract Rate that would have been payable with respect to such City Acceptable Waste had the
County met its obligations hereunder and the Agreement had not been terminated.
(B) County. In the event that the County terminates the Agreement pursuant to Section 5.3(B), the
City shall pay the County as damages an amount equal to the Contract Rate in effect at the time of such
termination multiplied by the number of tons of City Acceptable Waste delivered to the Disposal System
during the preceding twelve months.
SECTION 5.6. FORUM FOR DISPUTE RESOLUTION. It is the express intention of the
parties that all legal actions and proceedings related to this Agreement or to the Disposal System or to any
rights or any relationship between the parties arising therefrom shall be solely and exclusively initiated and
maintained in courts of the State of California having appropriate jurisdiction.
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ARTICLE VI
TERM
SECTION 6.1. EFFECTIVE DATE AND TERM. (A) Term. This Agreement shall become
effective, shall be in full force and effect and shall be legally binding upon the City and the County from the
Contract Date and shall continue in full force and effect until the fifteenth anniversary of the Contract Date,
unless earlier terminated in accordance with its terms.
(B) Survival; Accrued Rights. The rights and obligations of the parties hereto pursuant to
Sections 3.1(E), 5.1, 5.3, 5.5, 7.2, 7.3, 7.5, 7.7, 7.8, 7.9, and 7.10 hereof shall survive the termination or
expiration of this Agreement, and no such termination or expiration shall limit or otherwise affect the
respective rights and obligations of the parties hereto accrued prior to the date of such termination or
expiration provided, however, that Section 7.3 shall not survive if the termination of the Waste Disposal
Agreement is due to the occurrence of an Event of Default on the part of the City. At the end of the Term
of this Agreement, all other obligations of the parties shall terminate.
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ARTICLE VII
GENERAL PROVISIONS
SECTION 7.1. OPERATION AND MAINTENANCE OF THE DISPOSAL SYSTEM. The
County, at its cost and expense through the County Solid Waste Enterprise Fund, shall at all times operate,
or cause to be operated, the Disposal System in accordance with Applicable Law and the operating rules and
regulations of the County.
SECTION 7.2. UNCONTROLLABLE CIRCUMSTANCES GENERALLY.
(A) Performance Excused. Except as otherwise specifically provided in this Agreement, neither the County
nor the City shall be liable to the other for any failure or delay in the performance of any obligation under
this Agreement (other than any payment at the time due and owing) to the extent such failure or delay is due
to the occurrence of an Uncontrollable Circumstance.
(B)Notice. Mitigation. The party experiencing an Uncontrollable Circumstance shall
notify the other party by telecommunication or telephone and in writing, on or promptly after the date the
party experiencing such Uncontrollable Circumstance first knew of the commencement thereof, followed
within 15 days by a written description of (1) the Uncontrollable Circumstance and the cause thereof (to the
extent known), (2) the date the Uncontrollable Circumstance began and the cause thereof, its estimated
duration, the estimated time during which the performance of such party's obligations hereunder will be
delayed, (3) the estimated amount, if any, by which the Contract Rate may need to be adjusted as a result of
such Uncontrollable Circumstance, (4) its estimated impact on the other obligations of such party under this
Agreement and (5) potential mitigating actions which might be taken by the County or City and any areas
where costs might be reduced and the approximate amount of such cost reductions. Each party shall provide
prompt written notice of the cessation of such Uncontrollable Circumstance. Whenever such act, event or
condition shall occur, the party claiming to be adversely affected thereby shall, as promptly as reasonably
possible, use its best efforts to eliminate the cause therefor, reduce costs and resume performance under this
Agreement. In addition, with respect to Changes in Law, the County shall diligently contest any such
changes the imposition of which would have a material adverse impact on the Disposal System. While the
delay continues, the County or City shall give notice to the other party, before the first day of each
succeeding month, updating the information previously submitted.
(C)Impact on Contract Rate. If and to the extent that Uncontrollable Circumstances
interfere with, delay or increase the cost to the County of meeting its obligations hereunder and providing
Disposal Services to the cities which have executed Disposal Agreements in accordance herewith, the County
shall be entitled to an increase in the Contract Rate as provided in Section 4.2 herein or an extension in the
schedule for performance equal to the amount of the increased cost or the time lost as a result thereof. The
proceeds of any insurance available to meet any such increased cost shall be applied to such purpose prior
to any determination of cost increases payable under this subsection. Any cost reductions achieved through
the mitigating measures undertaken by the County pursuant to subsection 7.2(B) hereof upon the occurrence
of an Uncontrollable Circumstance shall be reflected in a reduction of the amount by which the Contract Rate
would have otherwise been increased or shall serve to reduce the Contract Rate to reflect such mitigation
measures, as applicable.
SECTION 7.3. INDEMNIFICATION. The County shall indemnify, defend with competent
counsel reasonably selected by the County, protect and hold harmless City, its officers, employees and
assigns from and against all Loss-and-Expense, including natural resources damages, injuries, costs,
response, assessment, remediation and removal costs, losses, demands, debts, liens, liabilities, causes of
action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses (including
but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against
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any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by,
or asserted against, City or its officers or employees arising from or attributable to any repair, cleanup or
detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan
(regardless of whether undertaken due to governmental action) or replacement or restoration of natural
resources arising from or related to Hazardous Substance or Hazardous Wastes or petroleum products at any
place where County transfers, stores or disposes of municipal solid waste pursuant to this agreement, or the
County's activities pursuant to this Agreement which result in a release or threatened release of Hazardous
Substances or Hazardous Wastes or petroleum products into the environment. The foregoing indemnity is
intended to operate as an agreement pursuant to but not limited to Section 107(e) of the Comprehensive
Environmental Response, Compensation and liability Act ("CERCLA"). 42 U.S.C. Section 9607(e), and
California Health and Safety Code Section 25364, to defend, protect, hold harmless and indemnify City from
liability. This indemnity shall not apply to willful, deliberate or grossly negligent delivery by the City of
Hazardous Substances or Hazardous Waste to the Disposal System. This indemnity shall also not apply with
respect to (i) vehicle accidents or other waste delivery activities or (ii) to any Hazardous Substances,
Hazardous Waste, petroleum product or other Unacceptable Waste not accepted for disposal in the Disposal
System. The City agrees that the County may provide counsel to jointly represent itself, the City and any and
all other parties who disposed of waste in the Disposal System. The City hereby agrees to waive, in writing,
any conflict, actual or apparent, created by the joint representation of such parties pursuant to this indemnity.
The City also hereby agrees to cooperate fully and completely with the County and with counsel provided
by the County in resolving any legal matter that arises pursuant to this indemnity. The City further agrees
that the County has complete discretion in the conduct of any matter to which this indemnity applies, and
may resolve or settle such matters to which this indemnity applies in its sole discretion without the
permission or approval of the City. The County agrees that it will not bring any action against the City
claiming or alleging that the City has any responsibility for matters, actions or liabilities within the scope
of the indemnity provided above.
SECTION 7.4. RELATIONSHIP OF THE PARTIES. Neither party to this Agreement shall
have any responsibility whatsoever with respect to services provided or contractual obligations or liabilities
assumed by the other party hereto, whether accrued, absolute, contingent or otherwise, or whether due or to
become due. The County is an independent contractor of the City and nothing in this Agreement shall be
deemed to constitute either party a partner, agent or legal representative of the other party or to create any
fiduciary relationship between the parties.
SECTION 7.5. LIMITED RECOURSE. (A) To the City. Except in the event the City has
not established or maintained a City Solid Waste Enterprise Fund, no recourse shall be had to the general
funds or general credit of the City for the payment of any amount due the County hereunder, or the
performance of any obligation incurred hereunder, including any Loss-and-Expense of any nature arising
from the performance or non-performance of the City's obligations hereunder. The sole recourse of the
County for all such amounts shall be to the funds held in any such Solid Waste Enterprise Fund. All amounts
held in any City Solid Waste Enterprise Fund shall be held for the uses permitted and required thereby, and
no such amounts shall constitute property of the County. The City shall make adequate provision in the
administration of any City Solid Waste Enterprise Fund for the payment of any amount or the performance
of any obligation which may be due hereunder.
(B) To the County. No recourse shall be had to the general funds or general credit of
the County for the payment of any amount due the City hereunder, or the performance of any obligation
incurred hereunder, including any Loss-and-Expense of any nature arising from the performance or non-
performance of the County's obligations hereunder. The sole recourse of the City for all such amounts shall
be to the funds held in the County Solid Waste Enterprise Fund in accordance with the terms of this
Agreement. All amounts held in the County Solid Waste Enterprise Fund shall be held for the uses permitted
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and required thereby, and no such amounts shall constitute property of the City. The County shall make
adequate provision in the administration of the County Solid Waste Enterprise Fund for the payment of any
amount or the performance of any obligation which may be due hereunder.
SECTION 7.6. PRE-EXISTING RIGHTS AND LIABILITIES. Except as specifically set
forth herein, nothing in this Agreement is intended to affect, release, waive or modify any rights, obligations
or liabilities which any party hereto may have to or against the other party as of the Contract Date relating
to the disposal of waste in the Disposal System or any other related matter.
SECTION 7.7. NO VESTED RIGHTS. The City shall not acquire any vested property,
license or other rights in the Disposal System by reason of this Agreement.
SECTION 7.8. LIABILITY FOR COLLECTION. TRANSPORTATION AND
PROCESSING. Any liability incurred by the City as a result of collecting Acceptable Waste or processing
it for diversion from landfill, or as a result of causing, franchising, permitting, licensing, authorizing or
arranging any of the foregoing, shall be its sole liability, except as expressly otherwise provided herein.
SECTION 7.9. NO CONSEQUENTIAL OR PUNITIVE DAMAGES. In no event shall
either party hereto be liable to the other or obligated in any manner to pay to the other any special, incidental,
consequential, punitive or similar damages based upon claims arising out of or in connection with the
performance or non-performance of its obligations or otherwise under this Agreement, or the material
inaccuracy of any representation made in this Agreement, whether such claims are based upon contract, tort,
negligence, warranty or other legal theory.
SECTION 7.10. AMENDMENTS. Neither this Agreement nor any provision hereof may
be changed, modified, amended or waived except by written agreement duly authorized and executed by both
parties.
SECTION 7.11. NOTICE OF LITIGATION. Each party shall deliver written notice to the
other of any Legal Proceeding to which it is a party and which questions the validity or enforceability of this
Agreement executed by the City or the County or any Legal Entitlement issued in connection herewith.
SECTION 7.12. FURTHER ASSURANCES. At any and all times the City and the County
so far as may be authorized by law shall pass, make, do, execute, acknowledge and deliver any and every
such further resolutions, acts, deeds, conveyances, instruments, assignments, transfers and assurances as may
be necessary or reasonably requested by the other in order to give full effect to this Agreement.
SECTION 7.13. ASSIGNMENT OF AGREEMENT. Neither this Agreement nor any of
the rights or obligations hereunder may be assigned by either party hereto without the prior written consent
of the other party, which may be withheld in the other party's sole discretion. Notwithstanding the foregoing,
that either party may assign this Agreement to another successor public entity, subject to the reasonable
consent of the other party. In such circumstances the party not requesting the assignment shall have the right
to demand assurances of the financial, technical and legal ability of the proposed assignee to undertake the
responsibilities and obligations of the assigning party.
SECTION 7.14. INTEREST ON OVERDUE OBLIGATIONS. Except as otherwise
provided herein, all amounts due hereunder, whether as damages, credits, revenue or reimbursements, that
are not paid when due shall bear interest at the Overdue Rate on the amount outstanding from time to time,
on the basis of a 365-day year, counting the actual number of days elapsed, and all such interest accrued at
any time shall, to the extent permitted by Applicable Law, be deemed added to the amount due, as accrued.
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SECTION 7.15. BINDING EFFECT. This Agreement shall bind and inure to the benefit
of the parties hereto and any successor or assignee acquiring an interest hereunder consistent with the
provisions of Section 7.13 hereof.
SECTION 7.16. NOTICES. Any notice or communication required or permitted hereunder
shall be in writing and sufficiently given if delivered in person or sent by certified or registered mail, postage
prepaid, to the notice address of the respective parties set forth on the cover page of this Agreement.
Changes in the respective addresses to which such notices may be directed may be made from time to time
by any party by notice to the other party.
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By
an, B d of Supervisors
Date FEB 2 4 1998 '
Date January 22, 1998
sors
, California
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
duly authorized officers or representatives as of the day and year first above written.
COUNTY OF SAN BERNARDINO
SIGNED AND CERTIFIED THAT A COPY OF
THIS CONTRACT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
Date FEB 2 4 1998
98-107
Byrn R. Matteson, Mayor
Ci y of Grand Terrace
APPROVED AS TO FORM:
COUNTY COUNSEL
SAN B RDING COQ Y, CALIFORNIA
Date 02
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APPENDIX 1
DESIGNATED DISPOSAL FACILITY
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DESIGNATED DISPOSAL FACILITY
The designated disposal facility for the City of Grand Terrace is the Colton Sanitary Landfill.
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AMENDMENT NO. 9 TO THE
WASTE DISPOSAL AGREEMENT NO. 98-107
On February 24, 1998, the City of Grand Terrace (“City”) and the County of San Bernardino (“County”) entered
into a Waste Disposal Agreement (“WDA”). The parties hereby amend the WDA, on the Effective Date as
provided herein, by their respective execution of this agreement (hereinafter “Amendment’).
Recitals
A. The parties have previously entered into the following amendments to the WDA. Amendment No. 1 to
the WDA was to correct the designated disposal facilities for the City. Amendment No. 2 was to implement
the “Article 19 Solid Waste” component of the County’s waste management system and define the City’s
share of that revenue. Amendment No. 3 was to increase the annual maximum limits of “Article 19 Solid
Waste” in the County landfill system. Amendment No. 4 allowed the County to charge the fee of $10.00
per ton (prorated) for identified controllable waste of the City (e.g., roll off container trucks and other
County/City vehicles such as pickups and dump trucks) and have such waste subject to being processed
in the recycling program. Amendment No. 5 allowed the County to calculate the annual cost of living
adjustment earlier in the calendar year. Amendment No. 6 extended the end date of the WDA to June
30, 2016. Amendment No. 7 extended the term of the WDA to June 30, 2021, applied an annual fixed
WDA renewal discount adjustment of $0.82 per ton for the term of the WDA, and allowed the County to
enter into agreements to accept in-County waste from non-WDA users of the Disposal System at a rate
lower than the WDA Contract Rate in exchange for sharing the net revenue generated from those
agreements. Amendment No. 8 reset the WDA Contract Rate and extended the term for five (5) years to
June 30, 2026.
B. In connection with the ongoing administration of the WDA, the parties have determined it is now in their
best interests to cap the WDA Contract Rate in order to maintain a 15% buffer between the WDA Contract
Rate and the County’s posted gate rate.
C. This change will assist both the City and the County in planning for future fiscal years’ budgeting of solid
waste disposal services and costs by putting a mechanism in place for the future to prevent compaction
with the County’s posted gate rate.
NOW THEREFORE, in consideration of the forgoing recitals and the following covenants and promises the
Parties agree as follows:
1. Amended Section 4.2 CONTRACT RATE. (A) Generally. This section is amended in its entirety to read:
SECTION 4.2. CONTRACT RATE. (A) Generally. Effective July 1, 2022, the Contract Rate payable by
each Franchise Hauler shall be $40.75 per ton, subject to potential adjustment necessary to reflect the
circumstances set forth below:
(i) increased costs incurred by the County (in excess of available insurance proceeds) due
to the occurrence of one or more Uncontrollable Circumstances, including Changes in
Law; and
(ii) escalation during the Term of this Agreement calculated in accordance with Section
4.2(B). In no case will the calculation of escalation exceed 85% of the County approved
general public gate rate (currently $59.94 minus the current CDSDP recycling fee of
$12.00), as such fees may be amended.
Prior to adjusting the Contract Rate as a result of any of the circumstances described in Section
4.2(A)(i), the County shall utilize the following remedy: reduce the costs of operating the Disposal System
to the extent practicable.
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Any adjustments to the Contract Rate permitted by Section 4.2(A)(i) shall be calculated by the
County to reflect the actual costs or expenses of addressing the circumstance or circumstances pursuant
to which the adjustment is authorized, and shall also reflect, where applicable, the then remaining
capacity in the Disposal System. Such adjustment may not reflect circumstances other than the
circumstances described in Section 4.2(A)(i).
2. Amended Section 4.2. CONTRACT RATE. (B) Calculation of Escalation. This section is amended in its
entirety to read:
SECTION 4.2. CONTRACT RATE. (B) Calculation of Escalation. For purposes of Section 4.2(A)(ii), the
Contract Rate shall be adjusted in accordance with the formula described in this Section each July 1
during the term hereof, commencing July 1, 2022. The adjustment shall be calculated in accordance with
the following formula:
Contract Rate = Fixed Portion + [Escalating Portion x Index]
Where,
Fixed Portion = $10.87
Escalating Portion = $27.13
Index = Price Index, which shall be determined in accordance with the following formula:
I = .7[PPI1/PPI2] +.3[EI1/EI2]
PPI1 = The Producer Price Index, Industrial Commodities Commodity Data, as published at the
United States Department of Labor, Bureau of Labor Statistics web site, Series ID WPU03
thru 15 for the month of September in the year prior to the year for which the adjustment
is being made (e.g., the adjustment effective July 1, 2011 will use the September 2010
value)
PPI2 = Producer Price Index, Industrial Commodities Commodity Data for the month of
September, 1997
EI1 = Employment Cost Index, Total Compensation, Private Industry All Workers, as published
at the United States Department of Labor, Bureau of Labor Statistics web site, Series ID:
CIU2010000000000I for the last quarter of the year preceding the year for which the
adjustment is being made (e.g., the adjustment effective July 1, 2011 will use the third
quarter, 2010 value)
EI2 = Employment Cost Index, Compensation, Private Industry All Workers, as published at the
United States Department of Labor, Bureau of Labor Statistics web site, Table 3,
established for the third quarter of 1997.
Effective July 1, 2022, and each July 1 thereafter during the term of the Agreement, the Contract
Rate adjustment will be calculated as provided above, except that an annual fixed WDA renewal discount
adjustment of $0.82 per ton will be applied after the annual Cost of Living Adjustment (COLA) adjustment.
In no case will the adjustment to the Contract Rate exceed 85% of the County’s approved general public
gate rate (without the current CDSDP recycling fee of $12.00), as such fees may be amended. For
example, the current County’s posted gate rate is $47.94 ($59.94 minus the $12 CDSDP fee). Therefore,
the WDA Contract Rate cannot be more than 85% of that rate, which is $40.75. However, if the County
adjusts its posted gate rate in any future year of the term of the WDA, the WDA Contract Rate will be
adjusted according to the above calculation formula, including the renewal discount adjustment of $0.82
per ton, up to the maximum of 85% of the newly posted gate rate. If the calculated annual adjustment of
any year would exceed the 85%, then the capped maximum amount of 85% will be used. If, however,
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the posted gate rate does not change, and the WDA Contract Rate is already at the capped 85% amount,
the WDA Contract Rate will remain the same for the calculated fiscal year. Any decrease in the calculated
adjustment to the Contract Rate, calculated according to the above formula, including the renewal
discount adjustment, will be applied to the then WDA Contract Rate.
Please note that, due to timing, in future years where the gate rate is recommended to be
increased, the WDA rate notification letter may be delayed until final approval of the gate rate by the
Board of Supervisors.
If at any time either the Employment Cost Index or the Producer Price Index is no longer
published, or are otherwise unavailable, then the COLA shall be determined by using standard official
statistics measuring changes to, respectively, labor costs and cost of materials, as the parties shall
mutually agree.
3. Amended Section 5.2 CITY CONVENIENCE TERMINATION. This section is amended in its entirety to
read:
SECTION 5.2. CITY CONVENIENCE TERMINATION. In exchange for capping the WDA Contract
Rate, the City agrees to commit to remaining a WDA City, with no provision to terminate without cause,
for the remainder of the WDA Term.
4. Effective Date. This Amendment shall be effective if and only when all fifteen cities/towns listed on Exhibit
A have each adopted and executed a counterpart of this Amendment No. 9 (the amendment number
may differ for each city/town listed on Exhibit A) and such amendment has been adopted and executed
by the County on or before June 30, 2022. In all events, the conditions in the forgoing sentence shall
occur otherwise this Amendment No. 9 shall be null and void and without any effect whatsoever.
5. This Amendment may be executed in any number of counterparts, each of which so executed shall be
deemed to be an original, and such counterparts shall together constitute one and the same Amendment.
The parties shall be entitled to sign and transmit an electronic signature of this Amendment (whether by
facsimile, PDF or other email transmission), which signature shall be binding on the party whose name
is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver
to the other party an original signed Amendment upon request.
6. Except as modified in this Amendment (or in any prior Amendment(s)) all other terms and conditions of
the WDA shall remain in full force and effect.
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IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly authorized officers
or representatives as of the day and year first above written.
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department
Jolena Grider, Deputy County Counsel Andy Silao, P.E. Brendon Biggs, Director
Date Date Date
SAN BERNARDINO COUNTY
City of Grand Terrace
(Print or type name of corporation, company, contractor, etc.)
By
Curt Hagman, Chairman, Board of Supervisors (Authorized signature - sign in blue ink)
Dated:
Name
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title
Lynna Monell
Clerk of the Board of Supervisors
of San Bernardino County
(Print or Type)
By Dated:
Deputy Address
22795 Barton Road
Grand Terrace, CA 92313
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EXHIBIT A
CITIES/TOWNS WITH A WASTE DELIVERY AGREEMENT
WITH THE COUNTY OF SAN BERNARDINO
OFFERED THIS AMENDMENT JUNE 2022
FOR AN AGREEMENT END DATE OF JUNE 30, 2026
1. ADELANTO
2. APPLE VALLEY
3. BARSTOW
4. BIG BEAR LAKE
5. COLTON
6. FONTANA
7. GRAND TERRACE
8. HESPERIA
9. HIGHLAND
10. LOMA LINDA
11. RIALTO
12. TWENTYNINE PALMS
13. VICTORVILLE
14. YUCAIPA
15. YUCCA VALLEY
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AGENDA REPORT
MEETING DATE: June 28, 2022 Council Item
TITLE: Award of Contract for the Capital Improvement Project (CIP
2022-1)
PRESENTED BY: Kamran Dadbeh, Interim City Engineer
RECOMMENDATION: Staff recommends that the City Council take the following
actions:
1. Find that the Capital Improvement Project (CIP 2022-
1) is categorically exempt from the California Environmental
Quality Act (CEQA) pursuant to CEQA Regulations Section
15301(c) and authorize the preparation and filing of a Notice
of Exemption as applicable.
2 Award the Capital Improvement Project (CIP 2022-1)
to Hardy & Harper, Inc. on the Base Bid only and approve
the public works agreement with Hardy & Harper, Inc. in the
amount of $570,000, plus a 10% contingency ($57,000) for
the construction of the Capital Improvement Project (CIP
2022-1) and authorize the City Manager to execute the
agreement subject to City Attorney approval as to form;
3 Award a contract to Willdan for Inspection Services
for 2021-22 Capital Improvement Project (CIP 2022-1) in the
amount of $30,240, plus a 10% contingency ($3,024), and
authorize the City Manager to execute the agreement
subject to City Attorney approval as to form.
2030 VISION STATEMENT:
This staff report supports Goal #2 "Maintain Public Safety" by investing in improvements
to public infrastructure.
BACKGROUND:
The City of Grand Terrace receives an annual allotment of funds from Senate Bill 1,
formally referred to as the Road Maintenance and Rehabilitation Program (RMRP) to
address deferred maintenance on the State Highway System and the local street and
road system. In addition, the City receives Measure I funding through SBCTA. Measure I
is the half-cent sales tax collected throughout San Bernardino County for transportation
improvements.
DISCUSSION:
A bid package for the FY 2021-22 Capital Improvement Project (CIP 2022-1) which
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included construction plans, technical specifications, and bid documents were prepared
and advertised for construction bids. The project will include the removal and
replacement of two inches of existing asphalt paving and re-installment of pavement
markings and striping on the following locations:
Barton Road from Town Square to Mt. Vernon
Van Buren from Mt. Vernon Ave. to West End of Van Buren St.
Alternative/Additive Work: Vivienda from Barton Rd. to Vivienda Ct.
The project was advertised for bids on May 31,2022. Bids were accepted until 2:00 p.m.
on June 15, 2022. The City Clerk received three timely bids as provided in the table
below.
Hardy & Harper Inc.
Lake Forest
RJ Noble
Orange
All American
Corona
Base Bid Total $570,000.00 $609,361.75 $646,20700
Add Alt. 1 Total $80,000.00 $79,099.00 $55,186.00
Add Alt. 2 Total $70,000.00 $70,370.00 $51,277.00
Add Alt. 3 Total $55,000.00 $62,364.50 $41,156.00
Colton Unified School District has indicated that they will be reconstructing the frontage
of Grand Terrace School, and their construction will affect Vivienda Avenue and Vivienda
Ct. The three Alternate Bids portion of this project will not be awarded at this time.
Staff solicited proposals from consulting firms of Willdan and Interwest for the inspection
of the project. Based on price and availability, it was determined that the proposal from
Willdan would best address the inspection of this project and it is most advantageous to
the City.
Based upon the forgoing, Staff recommends that the City Council concur with staff’s
recommendation.
CEQA FINDING:
Paving projects are categorically exempt from the California Environmental Quality Act
(CEQA) pursuant to CEQA Regulations Section 15301(c) because it relates to
repair/maintenance of existing streets.
FISCAL IMPACT:
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The CIP will be funded by a combination of Measure “I”, RMRA, and Gas Tax funds.
Should City Council approve recommendations 2 and 3, staff recommends the
authorization expense appropriations from the following table.
Proposed Expenditure Budget
Fund 46 (Capital
Improvements -
Streets) 46-900-321-000-000 $660,480.00
ATTACHMENTS:
• Attachment 1: Construction Agreement (PDF)
• Attachment 2 - Hardy & Harper, Inc. Proposal (PDF)
• Attachment 3: Project Locations (PDF)
• Attachment 4: Willdan Proposal (PDF)
• Attachment 5: Contract Inspect Svcs Agreement Willdan (PDF)
APPROVALS:
Kamran Dadbeh Skipped 06/16/2022 3:52 PM
Shanita Tillman Completed 06/16/2022 3:52 PM
Finance Completed 06/22/2022 12:05 PM
City Manager Completed 06/22/2022 12:52 PM
City Council Pending 06/28/2022 6:00 PM
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01247.0006/669201.8
PUBLIC WORKS AGREEMENT
By and Between
CITY OF GRAND TERRACE
and
HARDY & HARPER INC.
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AGREEMENT FOR PUBLIC WORKS SERVICES
BETWEEN THE CITY OF GRAND TERRACE AND
HARDY & HARPER INC.
This AGREEMENT FOR PUBLIC WORKS SERVICES BETWEEN THE CITY OF
GRAND TERRACE AND HARDY & HARPER INC. (herein “Agreement”) is made and entered
into this ____ day of June, 2022 by and between the City of GRAND TERRACE, a California
municipal corporation (“City”) and HARDY & HARPER INC., a California corporation
(“Contractor”). City and Contractor may be referred to, individually or collectively, as “Party” or
“Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Article 1 of this Agreement.
B. Contractor, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article 1 of this Agreement, was selected by the City
to perform those services.
C. Pursuant to the City of Grand Terrace Municipal Code, City has authority to enter
into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor 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. WORK OF CONTRACTOR
1.1 Scope of Work.
In compliance with all terms and conditions of this Agreement, the Contractor shall
provide those services specified in the “Scope of Work” 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, Contractor
represents and warrants that it has the qualifications, experience, and facilities necessary to
properly perform the work required under this Agreement in a thorough, competent, and
professional manner, and is experienced in performing the work and services contemplated herein.
Contractor shall at all times faithfully, competently and to the best of its ability, experience and
talent, perform all services described herein. Contractor covenants that it shall follow the highest
professional standards in performing the work and services required hereunder and that all
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materials will be both of good quality as well as fit for the purpose intended. For purposes of this
Agreement, the phrase “highest professional standards” shall mean those standards of practice
recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Contract Documents.
The Scope of Work shall include the “General Provisions” and “Special Provisions”
contained in as provided in this Agreement, all of which are incorporated herein by this reference.
In the event of any inconsistency between the terms of the bid documents and this Agreement, the
terms of this Agreement shall govern.
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services
hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the
City and any Federal, State or local governmental entity having jurisdiction in effect at the time
service is rendered.
1.4 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be
performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and
that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1
(commencing with Section 1720) of the California Labor Code relating to public works contracts
and the rules and regulations established by the Department of Industrial Relations (“DIR”)
implementing such statutes. The work performed under this Agreement is subject to compliance
monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by
regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the
extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of
the prevailing rate of per diem wages are on file at City Hall and will be made available to any
interested party on request. By initiating any work under this Agreement, Contractor acknowledges
receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing
rate of per diem wages, and Contractor shall post a copy of the same at each job site where work
is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall
comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning
the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing
wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each
calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined
by the DIR for the work or craft in which the worker is employed for any public work done
pursuant to this Agreement by Contractor or by any subcontractor.
(d) Payroll Records. Contractor shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep
accurate payroll records and verify such records in writing under penalty of perjury, as specified
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in Section 1776; certify and make such payroll records available for inspection as provided by
Section 1776; and inform the City of the location of the records.
(e) Apprentices. Contractor shall comply with and be bound by the
provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations
Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall
provide City with a copy of the information submitted to any applicable apprenticeship program.
Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of
its subcontractors shall submit to the City a verified statement of the journeyman and apprentice
hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8)
hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor
Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be
bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work
excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for
each worker employed in the performance of this Agreement by the Contractor or by any
subcontractor for each calendar day during which such worker is required or permitted to work
more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week
in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant
to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8)
hours per day, and forty (40) hours during any one week shall be permitted upon public work upon
compensation for all hours worked in excess of 8 hours per day at not less than one and one-half
(1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and
3700 provide that every employer will be required to secure the payment of compensation to its
employees if it has employees. In accordance with the provisions of California Labor Code Section
1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract.”
Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors. For every
subcontractor who will perform work under this Agreement, Contractor shall be responsible for
such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section
1720) of the California Labor Code, and shall make such compliance a requirement in any contract
with any subcontractor for work under this Agreement. Contractor shall take all actions necessary
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to enforce such contractual provisions and ensure subcontractor's compliance, including without
limitation, conducting a review of the certified payroll records of the subcontractor on a periodic
basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the
specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or
rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits,
registrations, and approvals as may be required by law for the performance of the services required
by this Agreement. Contractor 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 Contractor’s performance of the services required by this Agreement, and shall
indemnify, defend and hold harmless City, its officers, employees or agents of City, against any
such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City
hereunder.
1.6 Familiarity with Work.
(a) By executing this Agreement, Contractor warrants that Contractor
(i) has thoroughly investigated and considered the scope of work 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, Contractor warrants that Contractor has or will investigate
the site and is or will be fully acquainted with the conditions there existing, prior to commencement
of services hereunder.
(b) Contractor shall promptly, and before the following conditions are
disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous
waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class
I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent
conditions, materially different from those indicated; or (iii) unknown physical conditions at the
site of any unusual nature, different from those ordinarily encountered and generally recognized
as inherent in work of the character provided for in this Agreement, and will materially affect the
performance of the services hereunder.
(c) City shall promptly investigate the conditions, and if it finds that
the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase
in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a
change order per Section 1.10 of this Agreement.
(d) In the event that a dispute arises between City and Contractor
whether the conditions materially differ, or involve hazardous waste, or cause a decrease or
increase in Contractor's cost of, or time required for, performance of any part of the work,
Contractor shall not be excused from any scheduled completion date set, but shall proceed with all
work to be performed under the Agreement. Contractor shall retain any and all rights provided
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either by contract or by law, which pertain to the resolution of disputes and protests between the
contracting parties.
(e) City will compensate Contractor to the extent required by
Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement.
1.7 Protection and Care of Work and Materials.
The Contractor shall adopt reasonable methods, including providing and
maintaining storage facilities, 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 caused by City’s
own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall
not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials
which have been installed or delivered and which may be necessary for the completion of the work.
1.8 Warranty.
Contractor warrants all work under the Agreement (which for purposes of this
Section shall be deemed to include unauthorized work which has not been removed and any
non-conforming materials incorporated into the work) to be of good quality and free from any
defective or faulty material and workmanship. Contractor agrees that for a period of one year (or
the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided
by any manufacturer or supplier of equipment or materials incorporated into the work, whichever
is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified
in writing by the City of any defect in the work or non-conformance of the work to the Agreement,
commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty
at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an
emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace
any portions of the work (or work of other contractors) damaged by its defective work or which
becomes damaged in the course of repairing or replacing defective work. For any work so
corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an
additional one year period, commencing with the date of acceptance of such corrected work.
Contractor shall perform such tests as the City may require to verify that any corrective actions,
including, without limitation, redesign, repairs, and replacements comply with the requirements of
the Agreement. All costs associated with such corrective actions and testing, including the
removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall
be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors,
suppliers and manufacturers with respect to any portion of the work, whether express or implied,
are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not
such warranties and guarantees have been transferred or assigned to the City by separate agreement
and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the
City. In the event that Contractor fails to perform its obligations under this Section, or under any
other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the
City shall have the right to correct and replace any defective or non-conforming work and any
work damaged by such work or the replacement or correction thereof at Contractor's sole expense.
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Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon
demand.
1.9 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.
1.10 Additional Work and Change Orders.
(a) 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 Work or make changes by altering, adding to or deducting from said work. No such extra
work may be undertaken unless a written change order is first given by the Contract Officer to the
Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to
perform this Agreement, which said adjustments are subject to the written approval of the
Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract
Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the
Contract Sum or any increase in the time to perform of up to one hundred eighty (180) days; and
does not materially affect the Work and which are not detrimental to the Work or to the interest of
the City, may be approved by the Contract Officer. Any greater increases, taken either separately
or cumulatively, must be approved by the City Council.
(c) Any adjustment in the Contract Sum for a Change Order must be in
accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in
the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such
work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract
Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work
of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages of
workers and subcontractors performing the work for the Change Order at the time such work is
done. The use of labor classifications that would increase the cost of such work shall not be
permitted.
(ii) Materials and Equipment: the cost of materials and
equipment shall be at cost to Contractor or lowest current price which such materials and
equipment are reasonably available at the time the work is done, whichever is lower.
(iii) If the cost of the extra work cannot be agreed upon, the
Contractor must provide a daily report that includes invoices for labor, materials and equipment
costs for the work under the Change Order. The daily report must include: list of names of workers,
classifications, and hours worked; description and list of quantities of materials used; type of
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equipment, size, identification number, and hours of operation, including loading and
transportation, if applicable; description of other City authorized services and expenditures in such
detail as the City may require. Failure to submit a daily report by the close of the next working day
may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day.
(d) It is expressly understood by Contractor that the provisions of this
Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor
hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope
of Work may be more costly or time consuming than Contractor anticipates and that Contractor
shall not be entitled to additional compensation therefor. City may in its sole and absolute
discretion have similar work done by other contractors.
(e) No claim for an increase in the Contract Sum or time for
performance shall be valid unless the procedures established in this Section are followed.
1.11 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 Contractor
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 Five Hundred Seventy Thousand Dollars and No Cents
($570,000.00) (the “Contract Sum”), unless additional compensation is approved pursuant to
Section 1.10.
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 the contract retention; (iii) payment for time and materials based upon the
Contractor’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,
E.8.a
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and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Contractor 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
Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall
not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor 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, Contractor is
certifying compliance with all provisions of the Agreement. The invoice shall contain all
information specified in Exhibit “C”, and 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.
Contractor shall not invoice City for any duplicate services performed by more than one person.
City shall, as soon as practicable, independently review each invoice submitted by
the Contractor 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 Contractor which are disputed by City, or as provided in Section 7.3, City will cause
Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed
invoice; however, Contractor 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 that City
does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and
properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent
allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are
disputed by City, the original invoice shall be returned by City to Contractor, not later than seven
(7) days after receipt by the City, for correction and resubmission. Returned invoices shall be
accompanied by a document setting forth in writing the reasons why the payment request was
rejected. Review and payment by the City of any invoice provided by the Contractor shall not
constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed
to waive any defects in work performed by Contractor.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor 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
E.8.a
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the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
reference. When requested by the Contractor, 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 Contractor,
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 Contractor 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 Contractor be entitled
to recover damages against the City for any delay in the performance of this Agreement, however
caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Inspection and Final Acceptance.
City may inspect and accept or reject any of Contractor’s work under this
Agreement, either during performance or when completed. City shall reject or finally accept
Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a
timely written acceptance, otherwise work shall be deemed to have been rejected. City’s
acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such
gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver
of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining
to warranty and indemnification and insurance, respectively.
3.5 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this
Agreement shall continue in full force and effect until completion of the services but not exceeding
one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance
(Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor (“Principals”) are hereby designated as
being the principals and representatives of Contractor authorized to act in its behalf with respect
to the work specified herein and make all decisions in connection therewith:
E.8.a
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Michael Murray 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 Principals shall be responsible during the term of this Agreement for directing all
activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive
direction and control of the Principals. For purposes of this Agreement, the Principals may not be
replaced nor may their responsibilities be substantially reduced by Contractor without the express
written approval of City. Additionally, Contractor shall make every reasonable effort to maintain
the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform
the services required under this Agreement. Contractor shall notify City of any changes in
Contractor’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 Contractor.
Contractor 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. Contractor shall not at any time or in any manner represent
that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials,
officers, employees or agents of City. Neither Contractor, nor any of Contractor’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. Contractor expressly waives any claim Contractor 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 Contractor’s responsibility to assure that the Contract Officer
is kept informed of the progress of the performance of the services and the Contractor 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 Contractor, 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 Contractor’s employees, servants, representatives or agents, or in fixing
their number, compensation or hours of service. Contractor shall perform all services required
E.8.a
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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. Contractor 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 Contractor in its business or otherwise or a joint venturer or a member of any joint
enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals
and employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Contractor 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. All subcontractors shall
obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including
from the City) as may be required by law for the performance of any services or work under this
Agreement. 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 Contractor, 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 Contractor or any surety of Contractor of any liability hereunder without the express
consent of City.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
Without limiting Contractor’s indemnification of City, and prior to commencement
of any services under this Agreement, Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and amounts described
below and in a form satisfactory to City.
(a) General liability insurance. Contractor shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in
an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily
injury, personal injury, and property damage. The policy must include contractual liability that has
not been amended. Any endorsement restricting standard ISO “insured contract” language will not
be accepted.
(b) Automobile liability insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and
property damage for all activities of the Contractor arising out of or in connection with Services
to be performed under this Agreement, including coverage for any owned, hired, non-owned or
rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
E.8.a
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(c) Professional liability (errors & omissions) insurance. Contractor shall
maintain professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and Contractor agrees to maintain continuous coverage through a period no less than
three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Contractor shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at
least $1,000,000).
(e) Subcontractors. Contractor 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.
(a) Proof of insurance. Contractor shall provide certificates of insurance to City
as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers’ compensation. Insurance certificates and endorsements must be
approved by City’s Risk Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
(b) Duration of coverage. Contractor shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Services hereunder by
Contractor, its agents, representatives, employees or subcontractors.
(c) Primary/noncontributing. Coverage provided by Contractor shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination of
primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City’s own insurance or self-insurance shall
be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain the insurance it deems necessary and any premium
paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient
to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
E.8.a
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(e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance or
that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned
policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in
accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the
City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Contractor or others providing insurance evidence in compliance with these specifications to waive
their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against
City, and shall require similar written express waivers and insurance clauses from each of its
subcontractors.
(g) Enforcement of contract provisions (non-estoppel). Contractor
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Contractor of non-compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a given issue and
is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or
a waiver of any type. If the Contractor maintains higher limits than the minimums shown above,
the City requires and shall be entitled to coverage for the higher limits maintained by the
Contractor. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
(i) Notice of cancellation. Contractor agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall
be additional insureds under such policies. This provision shall also apply to any excess/umbrella
liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured
E.8.a
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against whom claim is made or suit is brought, except with respect to the insurer’s limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Contractor agrees to ensure that its subcontractors and
any other party involved with the project who is brought onto or involved in the project by
Contractor, provide the same minimum insurance coverage and endorsements required of
Contractor. Contractor agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the requirements of
this section. Contractor agrees that upon request, all agreements with subcontractors and others
engaged in the project will be submitted to City for review.
(n) Agency’s right to revise specifications. The City reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by
giving the Contractor ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Contractor, the City and Contractor may renegotiate
Contractor’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and
approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
(p) Timely notice of claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Contractor’s performance
under this Agreement, and that involve or may involve coverage under any of the required liability
policies.
(q) Additional insurance. Contractor shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own judgment may be necessary
for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Contractor 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
Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity
for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’
reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance
of or failure to perform any term, provision, covenant or condition of this Agreement, and in
connection therewith:
E.8.a
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(a) Contractor 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
attorneys’ fees incurred in connection therewith;
(b) Contractor 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 Contractor hereunder; and Contractor 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 Contractor 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 Contractor hereunder, Contractor 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
attorneys’ fees.
In addition, Contractor agrees to indemnify, defend and hold harmless the
Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights,
copyrights or trademark on any person or persons in consequence of the use by the Indemnified
Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor
is not the patentee or assignee or has not the lawful right to sell the same.
Contractor shall incorporate similar indemnity agreements with its subcontractors
and if it fails to do so Contractor 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 Contractor in the performance of professional
services and work 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 Contractor and shall survive
termination of this Agreement.
5.4 Notification of Third-Party Claims.
City shall timely notify Contractor of the receipt of any third-party claim relating
to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable
costs incurred in providing such notification.
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ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of
payroll records in compliance with all applicable laws, 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 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 Contractor’s business, custody of the
books and records may be given to City, and access shall be provided by Contractor’s successor
in interest. Notwithstanding the above, the Contractor 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.
Contractor 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. Contractor 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, Contractor
agrees that if Contractor 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 Contractor is providing design services, the cost of the project being designed, Contractor
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Contractor 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”) prepared by Contractor, its employees, subcontractors and agents in the performance
of this Agreement shall be the property of City and shall be delivered to City upon request of the
Contract Officer or upon the termination of this Agreement, and Contractor 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 Contractor will be at the City’s sole risk
and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to
such use, reuse or assignment. Contractor may retain copies of such documents for its own use.
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Contractor shall have an unrestricted 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 Contractor fails to secure such assignment, Contractor shall indemnify City for all damages
resulting therefrom. Moreover, Contractor 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) Information gained or work product produced by Contractor in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Contractor. Contractor 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) Contractor, 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
Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of
Contractor, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Contractor for any damages, costs and
fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct.
(d) Contractor shall promptly notify City should Contractor, 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 Contractor or be present at
any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and
to provide City with the opportunity to review any response to discovery requests provided by
Contractor. 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 Contractor covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
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Court, venue shall lie exclusively in the Central District of California, in the County of San
Bernardino, State of California.
7.2 Disputes.
(a) Default; Cure. In the event that Contractor is in default under the
terms of this Agreement, the City shall not have any obligation or duty to continue compensating
Contractor for any work performed after the date of default. Instead, the City may give notice to
Contractor of the default and the reasons for the default. The notice shall include the timeframe in
which Contractor 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
Contractor is in default, the City shall hold all invoices and shall proceed with payment on the
invoices only when the default is cured. 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 Contractor 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 Contractor’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.
(b) Dispute Resolution. This Agreement is subject to the provisions of
Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract
Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates
certain procedures for the filing of claims and supporting documentation by the Contractor, for the
response to such claims by the City, for a mandatory meet and confer conference upon the request
of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and
for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This
Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor
(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 Contractor’s acts or omissions in performing or failing to perform Contractor’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 Contractor, 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
Contractor 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
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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 Contractor shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in
this Agreement, the rights and remedies of the parties are cumulative and the exercise by either
party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in
law or in equity, to cure, correct or remedy any default, to recover damages for any default, to
compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to
obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any
contrary provision herein, Contractor shall file a 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 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this
Agreement would be extremely difficult or impractical to determine in the event of a breach of
this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum
of Five Hundred Dollars ($500) as liquidated damages for each working day of delay in the
performance of any service required hereunder, as specified in the Schedule of Performance
(Exhibit “D”). The City may withhold from any monies payable on account of services performed
by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215,
Contractor shall not be assessed liquidated damages for delay in completion of the project when
such delay was caused by the failure of the public agency or owner of the utility to provide for
removal or relocation of utility facilities.
7.8 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 thirty (30) days’ written notice to Contractor,
except that where termination is due to the fault of the Contractor, the period of notice may be
such shorter time as may be determined by the Contract Officer. In addition, the Contractor
reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60)
days’ written notice to City, except that where termination is due to the fault of the City, the period
of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of
termination, Contractor shall immediately cease all services hereunder except such as may be
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specifically approved by the Contract Officer. Except where the Contractor has initiated
termination, the Contractor 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 Contractor has initiated
termination, the Contractor 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.
7.9 Termination for Default of Contractor.
If termination is due to the failure of the Contractor 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 Contractor 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 Contractor for the purpose of set-off or
partial payment of the amounts owed the City as previously stated.
7.10 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to
any action or proceeding in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s
fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed
to have accrued on commencement of such action and shall be enforceable whether or not such
action is prosecuted to judgment.
7.11 Unfair Business Practices Claims.
In entering into this Agreement, Contractor offers and agrees to assign to the City
all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton
Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700)
of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods,
services or materials related to this Agreement. This assignment shall be made and become
effective at the time the City renders final payment to the Contractor without further
acknowledgment of the Parties.
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 Contractor, or
any successor in interest, in the event of any default or breach by the City or for any amount which
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may become due to the Contractor or to its successor, or for breach of any obligation of the terms
of this Agreement.
8.1 Conflict of Interest.
Contractor 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 Contractor’s performance of services under
this Agreement. Contractor 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. Contractor 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.
No officer or employee of the City shall have any financial interest, direct or
indirect, in this Agreement nor shall any such officer or employee participate in any decision
relating to the Agreement which effects his financial interest or the financial interest of any
corporation, partnership or association in which he is, directly or indirectly, interested, in violation
of any State statute or regulation. The Contractor warrants that it has not paid or given and will not
pay or give any third party any money or other consideration for obtaining this Agreement.
8.2 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all
persons claiming under or through them, 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. Contractor 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.
8.3 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the
Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Contractor 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,
Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions
imposed, together with any and all costs, including attorneys' fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication
either party desires or is required to give to the other party or any other person shall be in writing
and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City
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Manager and to the attention of the Contract Officer (with her/his name and City title), City of
Grand Terrace, 22795 Barton Road, Grand Terrace, California 92313, and in the case of the
Contractor, to the person 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. All correspondence relating
to this Agreement shall be serialized consecutively.
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
Contractor and by the City Council. The parties agree that this requirement for written
modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall
not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its invalidity deprives either
party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect,
in this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in
violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
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“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. Contractor
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.
Contractor 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. Contractor 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.
Contractor’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that
(i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver
this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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-24-
01247.0006/669201.8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
City of Grand Terrace, a municipal corporation
_____________________________________ Konrad Bolowich, City Manager
ATTEST:
_____________________________________
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
_____________________________________
Adrian R. Guerra, City Attorney
CONTRACTOR:
Hardy & Harper Inc.
By:
___________________________________
Name: Michael Murray
Title: Vice President,
By:
___________________________________
Name:
Title:
Address: 32 Rancho Circle
Lake Forest, CA 92630
Two corporate officer signatures required when Contractor 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. CONTRACTOR’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 CONTRACTOR’S BUSINESS ENTITY.
E.8.a
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01247.0006/669201.8
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.
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01247.0006/669201.8
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.
E.8.a
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01247.0006/669201.8 A-1
EXHIBIT “A”
SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and
requirements, including, but not limited to, the “General Provisions” and “Special
Provisions”.
II.Brief description of the work to be performed under this Agreement is as follows
(“Project”):
A.2021/2022 Capital Improvement Project CIP No. 2022-1 in accordance with
approved plans, specifications, Addenda 1 through 5 and submitted proposal. This
includes, but is not limited to, the removal and replacement of existing asphalt
paving (various depths) at designated locations shown on the plans; micro-mill
existing asphalt concrete (AC); cold mill existing AC 2” deep and construct 2”
asphalt rubber hot mix (ARHM) overlay; construct asphalt rubber aggregate
membrane (ARAM) and polymer modified emulsified asphalt-reclaimed asphalt
pavement aggregate (PME-RAP) slurry; and reinstall pavement markings and
striping.
III.In addition to the requirements of Section 6.2, during performance of the work, Contractor
will keep the City apprised of the status of performance by delivering status reports on a
weekly basis and pursuant to the construction timeline. Contractor shall also deliver status
reports as may be required by the City from time to time.
IV.All work is subject to review and acceptance by the City, and must be revised by the
Contractor without additional charge to the City until found satisfactory and accepted by
City.
V. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic
in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.
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01247.0006/669201.8
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates submitted as part of Contractor’s Proposal as
provided in Exhibit C-1, provided that the City does not expressly or by implication
agree that the actual amount of work will correspond with quantities given in Exhibit
C-1, but reserves the right to increase or decrease the amount of any class or portion as
deemed necessary or advisable by the City Engineer. Payment will be based upon
the actual quantities installed or constructed, unless otherwise specified.
II.A retention of ten percent (10%) shall be held from each payment as a contract retention
to be paid as part of the final payment upon satisfactory completion of services.
III.Within the budgeted amounts for each item above, and with the approval of the Contract
Officer, funds may be shifted from one item’s subbudget to another so long as the Contract
Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10.
IV.The City will compensate Contractor 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 $570,000 as provided in Section
2.1 of this Agreement.
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Exhibit C-1
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work timely and in accordance with plans and
specifications as provided in Exhibit A and such work shall be completed within
55 days of the Notice to Proceed issued by the Contract Officer.
II.The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
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June 14, 2022
Kamran Dadbeh, City Engineer
City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313
Subject: Proposal for Inspection Services for the City of Grand Terrace Street Overlay Project –
Barton Road from Town Square to Mt. Vernon & Van Buren Street from Mt. Vernon to West
End
Dear Kamran Dadbeh:
Willdan Engineering is pleased to present the City of Grand Terrace with this proposal to assist with inspecting
the City of Grand Terrace’s Barton Road from Town Square to Mt. Vernon & Van Buren Street from Mt. Vernon
to West End Street Overlay Project. Willdan Engineering has been providing inspection services to California
cities and counties for 58 years, including Rancho Cucamonga, Redlands, Highland, Yucca Valley, as well as
within the City of Grand Terrace. We are well suited to partner with the City of Grand Terrace to achieve a fast-
track approach for planned infrastructure projects.
Willdan will provide staffing professionals who are committed to providing the City with top-quality service. Serving
public agencies is the cornerstone of Willdan’s business. Willdan's proposed staff members are experienced in
working together as an integral part of municipal agency improvement projects and can provide exemplary staff
for the City’s role requests. The following strengths are what set us apart from the competition and make us the
best-qualified team for this assignment:
Highly Skilled Construction Manager and Inspector. Our proposed Public
Works Inspector, Joseph Putrino, has 34 years of experience in Public Works, with strong leadership qualities and the ability to manage projects successfully. He possesses exceptional decision-making capabilities and is meticulous in ensuring project specifications are compliant with contracts and requirements.
Joseph Putrino offers extensive pavement and slurry seal experience to the City of Grand Terrace.
Unmatched Pavement Improvement Project Experience. Willdan has
provided construction management and/or inspection on an extensive amount
of pavement related projects for over 58 years, including overlays, bike lanes,
rehabilitations, slurry seals, and street widening.
Our project team has experience working together on hundreds of public works projects throughout the
region.
City of Grand Terrace Experience. Willdan has provided construction
management and inspection services to several of the City of Grand Terrace’s
projects. These include 23400 Westwood Street Improvements, 12040 La
Cadena Drive Improvements, Civil Work Tract 18071, San Bernardino Indian
Health Center, 22200 Barton Road, and the Side Walk 2017 improvements.
Our staff has hands‐on
working knowledge and direct experience implementing City of Grand Terrace standards.
Willdan looks forward to the opportunity to assist the City of Grand Terrace on this very important project. Should
you have any questions regarding our proposal, please do not hesitate to contact me at (562) 364-8198.
Respectfully submitted, Approval and Authorization to Proceed By:
WILLDAN ENGINEERING CITY OF GRAND TERRACE
Chris Baca, RCI, CESSWI Director of Construction Management Signature and Inspection Services
Date
910005\06-140\P22-198_23533
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City of Grand Terrace
Page | 2
WILLDAN CONSTRUCTION SERVICES EXPERTISE
Willdan provides expertise in all areas of project and construction
management, contract administration, construction inspection and
observation, grant funding administration and compliance, labor
compliance, and community relations. Willdan's corporate
philosophy emphasizes strong leadership, cost effectiveness,
timely performance, and consistent reciprocal communication with
clients and internal and external resources.
Our resident engineers, construction managers, and construction
inspectors offer reliable service, quality workmanship, use of good
judgment, fair and equitable treatment, and adherence to our
corporate integrity. These experienced team members identify and
correct discrepancies, ambiguities, omissions, or conflicts in plans,
specifications, and bid schedules that might generate
misinterpretation and/or lead to agency and contractor
disagreements. Our professionals are adept at anticipating issues
before they arise through continual review of project plans,
specifications, contractors’ schedules, and contract documents. Potential problems are brought to the attention
of the City's Project Manager and/or the contractor, along with constructive recommendations for solutions, so
that costly delays and negative impacts to the public and the project are mitigated.
METHODOLOGY
Project Understanding
Willdan understands the City of Grand Terrace requires the services of a qualified construction inspector to
provide full-time inspection services for 30 working days and will include street overlay on Barton Road from
Town Square to Mt. Vernon & Van Buren Street from Mt. Vernon to West End.
Project Approach
Willdan provides expertise in all areas of construction management, inspection, labor compliance, and
community relations to residents and businesses affected by construction. Our experienced team members
serve as construction managers, resident engineers, and inspectors and provide significant insight for
identifying and correcting discrepancies, ambiguities, omissions, or conflicts in contract documents that could
generate misinterpretation and/or disagreements between the City and the contractor. Our goal is to anticipate
or diminish potential problems before they arise through continual review of project plans, specifications,
contractor’s schedule, and other contract documents. The graphic below shows potential challenges when
undertaking a pavement project and how Willdan works to mitigate those challenges.
E.8.d
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Our team is adept at:
▪ Anticipating job site problems and dealing with issues in a professional, straightforward fashion
▪ Calling job site problems to the project manager’s and/or contractor’s attention
▪ Offering constructive recommendations and achieving cooperation from the contractor ▪ Addressing concerns of the public
Our approach to issue resolution is to:
▪ Obtain and document the facts surrounding the issue
▪ Develop reasonable solutions in conjunction with the contractor and City project manager
▪ Respond quickly and effectively so that job progress and quality do not suffer
Through close communication with the City’s project staff, timely corrective action is taken to alleviate potential
adverse impacts of work progress, costly change orders, and construction claims.
QUALITY CONTROL/QUALITY ASSURANCE
Willdan will perform Quality Assurance and Quality Control of this project through a diligent review of all work
and documentation. Quality Assurance and Quality Control will begin with the pre-construction meeting, at
which time the scope of the project and control requirements will be reviewed with the General Contractor.
Once construction begins, the next step in the Quality Control process will be the verification of materials and
components to be installed. Once the material and components arrive onsite, Willdan Inspectors will spot-
check these materials and components to verify they match the construction documents. The Inspectors will
maintain a detailed record of samples, tests, material releases, and certificate of compliance for the project.
Willdan Inspectors closely monitor projects to ensure compliance with all contract requirements. Most of our
inspectors have American Construction Inspectors Association (ACIA) certification and attend regular
seminars, college courses, and in-house presentations to keep abreast of current construction technologies.
In addition to ACIA, many of our staff are certified QSPs and QSDs and are provided with the latest information
concerning the implementation of the State Water Board permit. Willdan’s inspectors have knowledge of basic
soil dynamics and are highly cognizant of the crucial role of soils compaction in construction. They are also
familiar with the need for general material testing for asphalt and concrete. The basic goal of the quality
assurance plan is to provide quality work delivered on time and within budget. We do this by adhering to the
following steps.
Willdan adopted Caltrans' Construction Manual (LAPM) as our in-house quality standard and have
incorporated Caltrans' prescribed standards and procedures into our everyday inspection routine. This
ensures we meet federal and state guidelines from the start.
Contractor Compliance
Our inspection staff has extensive experience with a myriad of public works projects and our staff has
a clear understanding of the issues surrounding inspection of the work. For example, when
constructing trench backfill, our inspector will ensure adequate compaction has been achieved.
Inspectors will monitor the work for conformance with the plans and specifications. Willdan’s inspectors will
monitor the contractor’s operations for conformance with City compaction standards by working with the City’s
approved material testing lab and will not accept any trench backfill or allow any pavement repair until proper
compaction is verified by the lab. Delivery tickets will be checked to ensure materials match the approved
submittals.
Address contractor
coordination issues
Identify key dates
to maintain the
project schedule
Investigate
constructability
Discuss project
sequencing Track progress
E.8.d
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Page | 4
SCOPE OF WORK
Construction Inspection
The Construction Manager and Inspector will
observe work performed by the contractor for
general conformance with the plans and
specifications. The project inspector will be
expected to be onsite at all times during
construction activities.
1. Review plans, specifications, and all other
contract- and construction-related documents.
2. Conduct a field investigation of the project area
to become familiar with the existing facilities and
the project environment.
3. Become familiar with traffic control plans,
construction schedule, construction sequence,
and permit requirements from other agencies.
4. Verify that the contractor conforms to the design
survey line and grades.
5. Attend weekly progress meetings with the
construction manager, contractor, and
subcontractors.
6. Assist with review of up to (8) shop
drawings/submittals, including resubmittals.
7. Provide full-time and as-needed construction
inspection, including night inspection, of the work
to monitor materials and methods for compliance
with plans, specifications, and contract
documents; address and document non-
conforming items as they are discovered.
8. Monitor compliance with Cal OSHA requirements
and compliance with all local, state, and federal
regulations. Although Willdan will monitor the
activities, it is the contractor’s sole responsibility
to provide workers with a safe working
environment.
9. Provide City’s labor compliance manager with
federally-compliant labor and equipment reports.
10. Monitor compliance with the Clean Air Act and
the Clean Water Act (National Pollutant
Discharge Elimination System – NPDES best
management practices). Also, monitor the
contractor’s compliance with approved SWPPP.
11. Meet with the contractor at the beginning of each
day and review the proposed work plan, including
specific details that may affect progress.
12. Conduct daily measurements of quantities of
work with the contractor.
13. Review actual contractor performance
throughout the day and discuss discrepancies
with the contractor as they occur.
14. Assist in coordination of engineering support,
surveying, specialty inspections, and fieldwork by
utility companies.
15. Ensure compliance of Underground Service Alert
notification/delineation.
16. Evaluate the contractor’s operation and
production with respect to quality and progress
and report to the City’s Project Manager and
Construction Manager.
17. Photograph continuous property frontages along
the street alignment once prior to construction
and once immediately following construction.
Maintain a photographic record of key elements
of each major operation of work each day, with
increased detail in situations of potential changes
or claims.
18. Closely monitor testing results and require the
contractor to provide corrective measures to
achieve compliance.
19. Maintain copies of all permits needed to construct
the project and enforce special requirements of
each.
20. Prepare and maintain detailed daily diary
inspector reports on construction progress.
21. Prepare clear and concise letters and
memoranda, as needed. Establish a solid paper
trail.
22. Maintain field file bound workbooks and Willdan
electronic file during construction, including a
cumulative record of quantities constructed, daily
and weekly reports, working day reports, change
order documentation, photographs, and other
documentation.
23. Analyze delays and review claims on a timely
basis and make recommendations to the
construction manager.
24. Assist with the review and evaluation of up to (3)
change orders.
25. Provide complete measurements and
calculations documented to administer progress
payments.
26. Maintain and submit a clean set of plans marked
in red for as-built corrections on record drawings
to be filed with the City. (City’s design consultant
will transfer the contractor’s record drawings to
original Mylar drawings).
27. Prepare a punch list at substantial completion
and follow up with the contractor regarding
progress of corrections.
28. Schedule a final inspection with the City and
applicable agencies; prepare, distribute, and
inspect corrections to the final punch list for
completion; and recommend final acceptance.
29. Prepare documentation for final payment to the
contractor.
30. Upon project completion, provide the finished set
of project workbooks to the City.
E.8.d
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Page | 5
PROJECT FEE
Willdan proposes to perform the required inspection services on a time and materials (T&M) basis. Willdan’s proposal is based upon the City’s
estimated 30 Working Day construction schedule. Our proposed not-to-exceed fee for the Scope of Work identified above is $30,240.00.
Classification Rate Hrs. Total
Construction Manager and Public Works
Inspector (Senior Public Works Inspector No. V) $126 240 Hrs. $30,240
Total Not-to-Exceed Fee
$30,240.00
1 Hours are estimated and will be depended upon the Contractor’s final phasing and scheduling of the work.
2 Additional service needed beyond this duration will be provided on a time-and-material basis at Willdan's standard hourly rates.
3 Overtime inspection services are not included but will be billed at 1.5 times normal hourly rate if required and may require adjustment to
the approved budget. Work performed by support staff with titles not explicitly listed herein will be charged in accordance with Willdan's
Grand Terrace Project specified hourly rates.
E.8.d
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Joseph Putrino
Construction Manager/Senior Public Works Observer
Profile Summary
Education: ▪ College of the Desert, Palm Desert
▪ Uniform Building Code, Fire Code, and ADA Codes, Bergen Community College
▪ Construction Management, Architectural Drafting, and Blueprint Reading Courses
Registration: ▪ Certified Building Inspector, International Code Council
▪ Certified Plumbing Inspector, International Code Council
▪ Certified Mechanical Inspector, International Code Council
▪ Contractor License Class A and B, No. 636747
Experience: ▪ 34 Years
Mr. Joseph Putrino is experienced in all aspects of public works construction projects. He possesses
extensive experience with estimating project costs, progress schedules, bid preparation, and complete
project administration.
Relevant Project Experience
22051 Grand Terrace Road, City of Grand Terrace, California. Public Works Inspector. The project
includes inspection for the public improvements associated with the construction of the new building at
22051 Grand Terrace Road.
22200 Barton Road, City of Grand Terrace, California. Public Works Inspector. The project includes
public works inspection for the public improvements associated with the construction of the new 5,342
SF multi-tenant building located at 22200 Barton Road.
23400 Westwood Rough Grading Project, City of Grand Terrace, California. Public Works Inspector. The
project included construction of new on and off-site improvements at the remodeled San Bernardino
Indian Health Center. The project involved the installation of new curb/gutter, rough grading and finish
grading of new parking lot, drainage structures, asphalt repair, and other appurtenant work.
Slurry Seal, De Luz Community Service District, California. Construction Manager. Willdan provided
construction management, inspection, and labor compliance for the De Luz Community Service District’s
Slurry Seal project.
22172 Barton Road/Taco Bell Rough Grading Project, City of Grand Terrace, California. Public Works
Inspector. The project included construction of new on and off-site improvements at the remodeled Taco
Bell at 22172 Barton Rd. The project involved the installation of new curb/gutter, rough grading and finish
grading of new parking lot, drainage structures, asphalt repair, and other appurtenant work.
Police Substation CP 15-07, City of Palm Springs, California. Public Works Inspector. The project includes
ADA upgrades to the police station restrooms, water features, and landscape improvements.
Public Library Improvements, City of Yorba Linda, California. Public Works Inspector. The project
included engineering design services to prepare construction plans to demolish the existing Public Library
for the City of Yorba Linda at 18181 Imperial Highway. The scope of work included hazardous material
testing, utility coordination, and contract document preparation.
Fire Station No. 4 Remodel and Expansion City Project 15-25, City of Palm Springs, California. Senior
Public Works Observer. The project involved remodeling and expanding the fire station approximately
2,820 square feet to address sleeping quarter separation, decontamination areas, and general ADA
compliance issues. The project construction encompassed demolition, asbestos remediation, structural
foundations, structural retrofit and framing, utility equipment yard enclosure, electrical service
transformer, wet and dry utilities, fire line, sprinkler and alarm systems, keyless entry system, vehicle
emission exhaust system, sand/oil separator, site furnishings and furniture, lighting fixtures, doors and
windows, miscellaneous concrete work, ADA-compliant ramps, site drainage, landscaping, signing and
striping, emergency alerting system, back-up generator, and fuel tank.
E.8.d
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01247.0006/784435.1 4/18/2022 1
CITY OF GRAND TERRACE
AGREEMENT FOR CONTRACT SERVICES FOR
INSPECTION SERVICES FOR THE
2021-22 CAPITAL IMPROVEMENT PROJECT
This “CITY OF GRAND TERRACE AGREEMENT FOR CONTRACT SERVICES
FOR INSPECTION SERVICES FOR THE 2021-22 CAPITAL IMPROVEMENT PROJECT”
(herein “Agreement”) is made and entered into this ____ day of _______, 2022, by and between
the CITY OF GRAND TERRACE, a California municipal corporation (“City”) and Willdan, a
California limited liability company (herein “Consultant”).
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all of the terms and conditions of
this Agreement, the Consultant shall perform the work or services set forth in the “Scope of
Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant
warrants that it has the experience and ability to perform all work and services required
hereunder and that it shall diligently perform such work and services in a professional and
satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder shall
be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the
City and any Federal, State or local governmental agency of competent jurisdiction.
1.3 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its
sole cost and expense such licenses, permits, and approvals as may be required by law for the
performance of the services required by the Agreement.
1.4 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.
2. COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with the “Schedule of Compensation” attached
hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum
contract amount of Thirty Thousand Two Hundred Forty Dollars ($30,240.00) (“Contract Sum”).
2.2 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:
E.8.e
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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, 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 the City of any invoice provided by the Consultant
shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.3 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 cost 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 but not exceeding a total contract amount of Five
Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved
by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be
approved by the City Council. No claim for an increase in the Contract Sum or time for
performance shall be valid unless the procedures established in this Section are followed.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. Consultant shall commence the services
pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all
services within the time period(s) established in the “Schedule of Performance” attached hereto
as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant,
extensions to the time period(s) specified in the Schedule of Performance may be approved in
writing by the Contract Officer but not exceeding thirty (30) 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
E.8.e
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period of the enforced delay when and if in the judgment of the Contract Officer such delay is
justified. The Contract Officer’s determination shall be final and conclusive upon the parties to
this Agreement. In no event shall Consultant be entitled to recover damages against the City for
any delay in the performance of this Agreement, however caused, Consultant’s sole remedy
being extension of the Agreement pursuant to this Section.
3.4 Term. Unless earlier terminated in accordance with Article 7 of this
Agreement, this Agreement shall continue in full force and effect until completion of the services
but not exceeding one (1) year from the date hereof, except as otherwise provided in the
Schedule of Performance (Exhibit “D”).
4. COORDINATION OF WORK
4.1 Representative of Consultant. Willdan is hereby designated as being the
representative of Consultant authorized to act on its behalf with respect to the work and services
specified herein and make all decisions in connection therewith. All personnel of Consultant and
any authorized agents shall be under the exclusive direction of the representative of Consultant.
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 and shall keep City informed of any changes.
4.2 Contract Officer. City Manager, or such person as may be designated by
the City Manager, is hereby designated as being the representative the City authorized to act in
its behalf with respect to the work and services specified herein and to make all decisions in
connection therewith (“Contract Officer”).
4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not
contract with any entity to perform in whole or in part the work or services required hereunder
without the express written approval of the City. Neither this Agreement nor any interest herein
may be assigned or transferred, voluntarily or by operation of law, without the prior written
approval of City. Any such prohibited assignment or transfer shall be void.
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. Consultant shall perform all
services required herein as an independent contractor of City 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, or that it is a member of a joint
enterprise with City.
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) Commercial General Liability Insurance (Occurrence Form CG0001 or
equivalent). A policy of comprehensive general liability insurance written on a per occurrence
E.8.e
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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,
either the general aggregate limit shall apply separately to this contract/location, or 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
either (i) bodily injury liability limits of $100,000 per person and $300,000 per occurrence and
property damage liability limits of $150,000 per occurrence or (ii) combined single limit liability
of $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars, and
any other automobile.
(d) Professional Liability. Professional liability insurance appropriate to the
Consultant’s profession. This coverage may be written on a “claims made” basis, and must
include coverage for contractual liability. The professional liability insurance required by this
Agreement must be endorsed to be applicable to claims based upon, arising out of or related to
services performed under this Agreement. The insurance must be maintained for at least 5
consecutive years following the completion of Consultant’s services or the termination of this
Agreement. During this additional 5-year period, Consultant shall annually and upon request of
the City submit written evidence of this continuous coverage.
(e) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
(f) 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 be subject to all of the requirements stated
herein.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City,
elected and appointed officers, employees and agents as additional insureds and any insurance
maintained by City or 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, officers, employees and agents and their respective
insurers. 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
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cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance
in conformance with this 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 endorsement 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.
The 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 City’s Risk
Manager or other designee of the City due to unique circumstances.
5.3 Indemnification. To the full extent permitted by law, Consultant agrees
to indemnify, defend and hold harmless the City, its officers, employees and agents
(“Indemnified Parties”) against, and will hold and save them and each of them harmless from,
any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to
persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether
actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any
person, firm or entity arising out of or in connection with the negligent performance of the work,
operations or activities provided herein of Consultant, its officers, employees, agents,
subcontractors, or invitees, or any individual or entity for which Consultant is legally liable
(“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or
arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any
term, provision, covenant or condition of this Agreement, and in connection therewith:
a. Consultant will defend any action or actions filed in connection
with any of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorney’s fees incurred in connection therewith;
b. Consultant will promptly pay any judgment rendered against the
City, its officers, agents or employees for any such claims or liabilities arising out of or in
connection with the negligent performance of or failure to perform such work, operations or
activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers,
agents, and employees harmless therefrom;
c. In the event the City, its officers, agents or employees is made a
party to any action or proceeding filed or prosecuted against Consultant for such damages or
other claims arising out of or in connection with the negligent performance of or failure to
perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the
City, its officers, agents or employees, any and all costs and expenses incurred by the City, its
officers, agents or employees in such action or proceeding, including but not limited to, legal
costs and attorney’s fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors
and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder
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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.
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 and shall keep such
records for a period of three years following completion of the services hereunder. 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.
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 or as the Contract Officer shall require.
6.3 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 the City without prior written
authorization from the Contract Officer.
(b) Consultant 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 the City notice of such court order
or subpoena.
(c) If Consultant provides any information or work product in violation of this
Agreement, then the 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 the City should Consultant be served
with any summons, complaint, subpoena, notice of deposition, request for documents,
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interrogatories, request for admissions or other discovery request, court order or subpoena from
any party regarding this Agreement and the work performed thereunder. The 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 the City and to provide the City
with the opportunity to review any response to discovery requests provided by Consultant.
6.4 Ownership of Documents. All studies, surveys, data, notes, computer
files, reports, records, drawings, specifications, maps, designs, photographs, documents and other
materials (the “documents and materials”) prepared by Consultant in the performance of this
Agreement shall be the property of the City and shall be delivered to the City 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 the City of its
full rights of ownership use, reuse, or assignment of the documents and materials hereunder.
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.
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. In the event of litigation in a U.S. District Court, venue shall lie
exclusively in the Central District of California, in the County of San Bernardino, State of
California.
7.2 Disputes; Default. In the event that Consultant is in default under the
terms of this Agreement, the City shall not have any obligation or duty to continue compensating
Consultant for any work performed after the date of default. Instead, the City may give notice to
Consultant of the default and the reasons for the default. The notice shall include the timeframe
in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but
may be extended, 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. If Consultant does not cure the default, the City may take necessary
steps to terminate this Agreement under this Article.
7.3 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 any
legal action under this Agreement.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
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different times, of any other rights or remedies for the same default or any other default by the
other party.
7.4 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 at any time 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. 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, but not exceeding the compensation provided
therefore in the Schedule of Compensation Exhibit “C”. 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.
7.5 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.
8. MISCELLANEOUS
8.1 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 ensure 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
8.2 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.
8.3 Notice. 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
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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.
8.4 Integration; Amendment. 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. This Agreement
may be amended at any time by the mutual consent of the parties by an instrument in writing.
8.5 Severability. In the event that part of 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 portions 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.
8.6 Waiver. No delay or omission in the exercise of any right or remedy by
non-defaulting party on any default shall impair such right or remedy or be construed as a
waiver. A party’s consent to or approval of any act by the other party requiring the party’s
consent or approval shall not be deemed to waive or render unnecessary the other party’s consent
to or approval of any subsequent act. 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.
8.7 Attorneys’ Fees. If either party to this Agreement is required to initiate
or defend or made a party to any action or proceeding in any way connected with this
Agreement, the prevailing party in such action or proceeding, in addition to any other relief
which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees,
whether or not the matter proceeds to judgment.
8.8 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.
8.9 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.
8.10 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,
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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. Consultant warrants and represents that
it has not paid or given, and will not pay or give, to any third party including, but not limited to,
any City official, officer, or employee, any money, consideration, or other thing of value as a
result or consequence of obtaining or being awarded any agreement. Consultant further warrants
and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or
collusion that would result in the payment of any money, consideration, or other thing of value to
any third party including, but not limited to, any City official, officer, or employee, as a result of
consequence of obtaining or being awarded any agreement. Consultant is aware of and
understands that any such act(s), omission(s) or other conduct resulting in such payment of
money, consideration, or other thing of value will render this Agreement void and of no force or
effect.
Consultant’s Authorized Initials _______
8.11 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 the following page.]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
CITY:
City of Grand Terrace, a municipal corporation
______________________________________
Konrad Bolowich, City Manager
ATTEST:
______________________________________
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
______________________________________
Adrian R. Guerra, City Attorney
CONSULTANT:
WILLDAN, a California limited liability company
By: __________________________________
Name:
Title:
By: __________________________________
Name:
Title:
Address: 13191 Crossroads Parkway North
Suite 405
Industry, California
Tel: 562-908-6200
Fax: 562-695-2120
______________________________
Two corporate officer signatures required when Consultant is a corporation, with one signature required
from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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01247.0006/784435.1 4/18/2022
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.
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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.
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01006-0001/301444.1
A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform contract inspection services for the City of Grand Terrace
2021-22 Capital Improvement Project, which includes resurfacing work on Barton
Rd and Van Buren St as awarded in the Resurfacing Contract for the 2021/2022
CIP. Consultant’s Services shall include, but not be limited to, the following tasks:
1. Review plans, specifications, and all other contract- and construction-related
documents.
2. Conduct a field investigation of the project area to become familiar with the existing
facilities and the project environment.
3. Become familiar with traffic control plans, construction schedule, construction
sequence, and permit requirements from other agencies.
4. Verify that the contractor conforms to the design survey line and grades.
5. Attend weekly progress meetings with the construction manager, contractor, and
subcontractors.
6. Assist with review of up to (8) shop drawings/submittals, including resubmittals.
7. Provide full-time and as-needed construction inspection, including night inspection,
of the work to monitor materials and methods for compliance with plans,
specifications, and contract documents; address and document nonconforming items
as they are discovered.
8. Monitor compliance with Cal OSHA requirements and compliance with all local,
state, and federal regulations. Although Willdan will monitor the activities, it is the
contractor’s sole responsibility to provide workers with a safe working environment.
9. Provide City’s labor compliance manager with federally-compliant labor and
equipment reports.
10. Monitor compliance with the Clean Air Act and the Clean Water Act (National
Pollutant Discharge Elimination System – NPDES best management practices). Also,
monitor the contractor’s compliance with approved SWPPP.
11. Meet with the contractor at the beginning of each day and review the proposed work
plan, including specific details that may affect progress.
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01247.0006/784435.1 4/18/2022
12. Conduct daily measurements of quantities of work with the contractor.
13. Review actual contractor performance throughout the day and discuss discrepancies
with the contractor as they occur.
14. Assist in coordination of engineering support, surveying, specialty inspections, and
fieldwork by utility companies.
15. Ensure compliance of Underground Service Alert notification/delineation.
16. Evaluate the contractor’s operation and production with respect to quality and
progress and report to the City’s Project Manager and Construction Manager.
17. Photograph continuous property frontages along the street alignment once prior to
construction and once immediately following construction. Maintain a photographic
record of key elements of each major operation of work each day, with increased
detail in situations of potential changes or claims.
18. Closely monitor testing results and require the contractor to provide corrective
measures to achieve compliance.
19. Maintain copies of all permits needed to construct the project and enforce special
requirements of each.
20. Prepare and maintain detailed daily diary inspector reports on construction progress.
21. Prepare clear and concise letters and memoranda, as needed. Establish a solid paper
trail.
22. Maintain field file bound workbooks and Willdan electronic file during construction,
including a cumulative record of quantities constructed, daily and weekly reports,
working day reports, change order documentation, photographs, and other
documentation.
23. Analyze delays and review claims on a timely basis and make recommendations to
the construction manager.
24. Assist with the review and evaluation of up to (3) change orders.
25. Provide complete measurements and calculations documented to administer progress
payments.
26. Maintain and submit a clean set of plans marked in red for as-built corrections on
record drawings to be filed with the City. (City’s design consultant will transfer the
contractor’s record drawings to original Mylar drawings).
27. Prepare a punch list at substantial completion and follow up with the contractor
regarding progress of corrections.
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28. Schedule a final inspection with the City and applicable agencies; prepare, distribute,
and inspect corrections to the final punch list for completion; and recommend final
acceptance.
29. Prepare documentation for final payment to the contractor.
30. Upon project completion, provide the finished set of project workbooks to the City.
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01247.0006/784435.1 4/18/2022 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
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C-1
01247.0006/784435.1 4/18/2022
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. The total compensation for the Services shall not exceed $30,240.00 as provided in
Section 2.1 of this Agreement.
II. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task sub budget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 1.8.
III. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and
travel properly charged to the Services.
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01247.0006/784435.1 4/18/2022
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform and complete all Services within 30 days from the date of
Notice to Proceed issued by the Contract Officer.
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CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES JUNE 14, 2022
Council Chamber Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace
ATTACHMENTS TO
June 14, 2022
City Council Minutes
PowerPoint Presentations
2
3
4
5
2020-21 2020-21 2021-22 2021-22 2022-23
Adjusted
Budget
Actuals Adjusted
Budget
Year-End
Projections
Proposed
Budget
Property Tax $2,082,593 $2,197,948 $3,989,040 $1,985,232 $2,078,595
Residual Receipts -RPTTF $1,798,163 $1,354,741 $176,900 $2,603,817 $2,402,700
Proceeds from Sale of Property $0 $0 $1,798,700 $2,070,601 $0
Franchise Fees $445,000 $613,598 $620,000 $644,000 $635,000
Licenses, Fees & Permits $329,090 $439,948 $490,000 $329,822 $665,400
Sales Tax $750,000 $1,064,567 $988,000 $1,110,053 $1,125,400
Intergovernmental Revenue/Grants $20,000 $54,606 $31,220 $66,492 $60,500
Charges for Services $100,300 $138,916 $141,100 $73,229 $178,000
Fines & Forfeitures $70,000 $73,219 $66,300 $44,274 $66,300
Miscellaneous $0 $20,091 $0 $14,885 $26,710
Use of Money & Property $67,500 $31,140 $34,660 $28,416 $34,660
Wastewater Receipts $318,349 $318,349 $318,349 $318,349 $318,349
Transfers In $0 $0 $0 $0 $50,000
Residual Receipts -Sr Ctr $0 $0 $0 $0 $0
Total Revenues $5,980,995 $6,307,123 $8,654,269 $9,289,170 $7,641,614
Property Tax
58.6%
Sales Tax
14.7%
Franchise Fees
8.3%
Licenses, Fees & Permits
8.7%
Waste Water Receipts
4.2%
Intergovt Revenue/Grants
0.8%
Charges for Services
2.3%
Use of Money & Property
0.5%Fines &
Forfeitures
0.9%
Transfers In
0.7%
Miscellaneous
0.3%
City of Grand Terrace
2022-23 General Fund
Proposed Revenues
2020-21 2020-21 2021-22 2021-22 2022-23
Adjusted
Budget
Actuals Adjusted
Budget
Year-End
Projections
Proposed
Budget
Salaries $1,094,006 $1,088,247 $1,552,512 $1,356,254 $1,482,899
Benefits $1,118,326 $964,910 $1,149,757 $1,044,541 $1,356,069
Materials & Supplies $190,955 $206,360 $224,770 $218,657 $323,605
Professional/Contractual Services $3,572,540 $3,646,766 $3,674,258 $3,743,232 $4,198,568
Equipment $1 $0 $0 $3,000 $0
Lease of Facility/Equipment $19,323 $17,513 $19,600 $17,615 $12,000
Utilities $143,858 $168,416 $176,448 $199,166 $229,448
Overhead Cost Allocation ($81,950)($68,192)($84,950)($84,950)($81,950)
Capital Projects $213,419 $90,615 $0 $113,922 $0
Debt Service $0 $15,968 $0 $0 $0
Transfers Out $139,750 $200,725 $110,000 $110,000 $110,700
Total Expenditures $6,410,228 $6,331,328 $6,822,395 $6,721,437 $7,631,339
$1,482,899
$1,356,069
$323,605
$4,198,568
$12,000
$229,448
($81,950)
$110,700
Salaries
Benefits
Materials & Supplies
Prof/Cont Services
Lease of Equip
Utilities
Overhead Cost Alloc
Transfers Out
($500,000)$500,000 $1,500,000 $2,500,000 $3,500,000 $4,500,000
City of Grand Terrace
2022-23 General Fund Proposed Expenditures
10
Event Date
Budget Introduction Tue., May 24th
Budget Adoption Tue., June 14th
Special Events
•Revision of Grand Terrace Municipal Code (GTMC) Chapter 8.50
•Chapter 8.50 which was adopted in 1997.
•The structure of the ordinance addresses Aerial Displays, Street Events and Special Events.
•The Special Events section treats all types of events in a similar nature. Although there is a vasts difference in impacts and concerns
Clearly Defines Events
One time or recurring events
•Anticipated attendance exceeds the occupancy limits
•The Special Event has public health and safety impacts
•Underlying approved or conditionally approved use for a property does not include the use
Needs for permit scales to scope of event
Addresses First Amendment Issues
Addresses Food Concessions
•Nonprofit or educational events;
•Where food is an integral part of
the event, such as food fairs,
farmers’ markets, a fairs or
carnivals, or other similar events;
•The location of the Special Event
provides an area for the sale of
food, beverages, and/or
merchandise, such as a
concession stand, snack bar, food
court, or other similar areas;
•When sale of food and/or
beverages is otherwise permitted
pursuant to applicable law.
Provides Clear Application Proceedures
Cleary calls out procedures for applications
Requirements are comprehensive yet scalable to the event
Address Free Speech Issues
Includes Conditions for use
Provides for enforcement
Recommendations
Recommended that the City
Council rescind the existing
Grand Terrace Municipal Code
(GTMC) 8.50 Special Events and
adopt the revised code to the
Grand Terrace Municipal Code
(GTMC) 8.50
City of Grand Terrace
Unfunded Pension &
OPEB Liabilities
Unfunded Pension & OPEB Liabilities
Unfunded Pension Liability CalPERS
For CalPERS, the City has three plans, Miscellaneous Plan, PEPRA Miscellaneous Plan,
and the Miscellaneous Second Tier Plan. Per the CalPERS Actuarial Valuation dated
June 30, 2020, the unfunded liability and funded ratio for each of the Plans is as follows:
Misc.PEPRA Second
Plan Plan Tier Plan
Unfunded Accrued Liability 5,526,787$ 56,733$ 53,849$
Funded Ratio 67.70%88.50%91.20%
June 30, 2020 Valuations
Unfunded Pension & OPEB Liabilities
For CalPERS, the City has three plans, Miscellaneous Plan, PEPRA Miscellaneous Plan,
and the Miscellaneous Second Tier Plan. Per the CalPERS Actuarial Valuation dated
June 30, 2020, the unfunded liability and funded ratio for each of the Plans is as follows:
Misc.PEPRA Second
Plan Plan Tier Plan
Unfunded Accrued Liability 5,526,787$ 56,733$ 53,849$
Funded Ratio 67.70%88.50%91.20%
June 30, 2020 Valuations
The annual costs for each of the Plans is made up of the Normal Cost and the Unfunded
Accrued Liability (UAL). For Fiscal Year 2022-23 those costs are as follows:
Misc.PEPRA Second
Plan Plan Tier Plan Total
Normal Cost 7,731$ 47,544$ 31,938$ 87,213$
UAL Contribution 579,800 10,202 7,856 597,858
587,531$ 57,746$ 39,794$ 685,071$
Unfunded Pension & OPEB Liabilities
The Normal Costs are based on the City’s payroll and are reasonable and
within the City’s annual budget.We need to have a way to reduce the UAL
payment or find an alternative way to fund it annually.I have attached
Schedules for each of the Plans which shows the current amortization
schedules and two alternative schedules based on a 15 Year and a 10 Year
amortization schedule.For the Miscellaneous Plan with a 15-year
amortization period there is an estimated savings of $606,245 and with a 10-
year amortization period there is an estimated savings of $1,741,469.
Unfunded Pension & OPEB Liabilities
Reasons to Prefund
•Greater expected rate of return (discount rate)which lowers your liabilities.
•Investment flexibility with Section 115 Trust compared to restrictions on
general fund investments (Govt. Code 53216).
•Contributions into trust are “assets”that offset liabilities on the financial
statements.
•Can help with the City’s credit ratings.
•OPEB assets are accessible for OPEB expenses at any time.
•Prefunding has no downside other than market fluctuation (like pension).
Unfunded Pension & OPEB Liabilities
Additional Discretionary Employer Contributions
CalPERS allows employers to make additional discretionary payments (ADPs)at
any time and in any amount.These optional payments serve to reduce the UAL
and future required contributions and can result in significant long-term savings.
The ADPs can be used to stabilize annual contributions as a fixed dollar amount,
percent of payroll or percent of revenue.The schedules as mentioned above are an
example of how the ADPs reduce the City’s costs.
Unfunded Pension & OPEB Liabilities
IRS Section 115 Trust
Governmental entities can establish an IRS Section 115 Trust,these are irrevocable and must be used forpensionorOPEBobligations.A couple of the companies that provide the Section 115 Trusts have IRSPrivateLetterRulingsontheirPlans.CalPERS also offers a Section 115 Trust.
This would provide the City with an alternative to sending funds to CalPERS that will allow for greater localcontroloverassets,investment by a professional fund management team selected and monitored by theCity,with future excess contributions transferred to CalPERS at the City’s discretion to reduce the City’s NetPensionLiability.
These programs can be established as a multiple employer trust so that public agencies regardless of sizecanjointheprogramtoreceivethenecessaryeconomiesofscaletokeepadministrativefeeslowandavoidanysetupcosts.The trust permits the City,under federal and state law,to invest in a more diversified arrayofinvestmentstomaximizeinvestmentreturnslongterm.
Unfunded Pension & OPEB Liabilities
Funding Plans
•Pension Obligation Bonds
•Use one-time revenue sources
•Lower the minimum General Fund Reserve level percentage
•Contribute a certain percentage of any given year’s realized General Fund
surplus
•Annual appropriation in each year’s budget
Unfunded Pension & OPEB Liabilites
Unfunded Other Post Employment Benefit Plan
The City’s OPEB Plan currently does not have any plan assets and is a pay
as you go.We budget and make the retiree medical premiums each fiscal
year which is approximately $36,000 per fiscal year.
As of June 30,2021 the unfunded OPEB Liability was $1,964,307 with a
discount rate of 1.92%,because the City does not have any plan assets.
Unfunded Pension & OPEB Liabilities
California Employers’ Retiree Benefit Trust Fund (CERBT)
The CERBT is Section 115 trust fund dedicated to prefunding OPEB for all eligible California Public Agencies. By joining this trust fund, California public agencies can help finance future costs in a large part from investment earnings provided by CalPERS.
Prefunding provides the following benefits:Contribute to preserving a positive credit ratingGenerate investment income from employer-controlled contributions to pay for future retiree benefitsReduce future employer cash flow requirements and budget dependency with investment incomeReduce the OPEB Liability reported on the City’s annual financial statementsHaving plan assets allows the use of a higher discount rate which in turns lowers the reported liability
The money earned can be used on annual basis to make the retiree medical payments and can free up additional funds for the General Fund budget.
Unfunded Pension & OPEB Liabilities
•Questions
Appropriations Limit for
FY 2022-23
Appropriations Limit FY 2022-23
On November 6, 1979, California voters approved the Gann Spending
Limitation Initiative (Proposition 4) establishing Article XIIIB of the State
Constitution.
Article XIIIB sets limits on the amount of tax revenues that the State and most
local governments can appropriate within a given fiscal year.
Each year, the State and local governments must adopt a resolution
establishing an Appropriations Limit, also known as the “Gann Limit”. Fiscal
Year 1984-85 appropriations serve as the base for this limit, with adjustments
being made annually to reflect increases in population, the cost of living, and
financial responsibility transfers.
Only tax proceeds are subject to the limit. Charges for services, regulatory
fees, grants, loans, donations and other non-tax proceeds are not subject to the
limit.
All tax revenues received in excess of the Appropriations Limit must be
refunded to taxpayers within a two-year period.
Appropriations Limit FY 2022-23
The calculation is based on two factors:
•The change in the cost of living is defined to be either the change in California
per capita personal income or the change in assessed valuation due to the
addition of non-residential new construction.
•The change in population is defined as either a change in the City’s population
or a change in the County’s population,whichever is greater.
Change in California per capita personal income (provided by California
Department of Finance):7.55%
The following are the changes in population from 2021 to 2022 (provided by DOF):
City of Grand Terrace (-0.68%)
County of San Bernardino 0.14%
Since Option 2 (change in San Bernardino County population)is greater than the
City of Grand Terrace population change,it is recommended to be used as the
population factor for the FY 2022-23 Appropriations Limit calculation.
Appropriations Limit FY 2022-23
APPROPRIATIONS SUBJECT TO THE LIMIT
FY 2022-23 Total Revenue $ 12,459,276
Less Non-Proceeds of Tax 6,689,466
A) Total Appropriations Subject to the Limit $ 5,769,810
APPROPRIATIONS LIMIT
B) FY 2021-22 Appropriations Limit 16,164,085
C) Change Factor**% Increase Factor
Cost of Living Adjustment 7.55 1.0755
Population Adjustment 0.14 1.0014
Change Factor (1.0755 x 1.0014)1.0770
D) Increase (decrease) in Appropriations Limit $ 1,244,635
E) FY 2022-23 Appropriations Limit (B x C)$ 17,408,719
REMAINING APPROPRIATIONS CAPACITY (E-A)$ 11,638,909
Remaining Capacity as Percent of the FY 2022-23
Appropriations Limit 66.86%
Appropriations Limit FY 2022-23
Adopt a Resolution of the City Council of the City of Grand Terrace,
California, Establishing the Appropriations Limit For Fiscal Year 2022-23,
Including Adoption of the Price Factor and Population Factor Change Factor
for the Appropriations Limit Calculation
Questions