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08/09/2022CITY OF GRAND TERRACE CITY COUNCIL AGENDA ● AUGUST 9, 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: 848 6242 2332 Password: 855885 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 August 9, 2022 City of Grand Terrace Page 2 CALL TO ORDER Convene City Council Invocation Pledge of Allegiance Roll Call Attendee Name Present Absent Late Arrived Mayor Darcy McNaboe    Mayor Pro Tem Bill Hussey    Council Member Sylvia Robles    Council Member Doug Wilson    Council Member Jeff Allen    A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA B. SPECIAL PRESENTATIONS - NONE C. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the City Council at one time without discussion. Any Council Member, Staff Member, or Citizen may request removal of an item from the Consent calendar for discussion. 1. Waive Full Reading of Ordinances on Agenda DEPARTMENT: CITY CLERK 2. Approval of Minutes – Regular Meeting – 07/12/2022 DEPARTMENT: CITY CLERK 3. Approval of Minutes – Regular Meeting – 07/26/2022 DEPARTMENT: CITY CLERK 4. May 2, 2022, Historical & Cultural Activities Committee Meeting Minutes Update RECOMMENDATION: Receive and file. DEPARTMENT: CITY CLERK Agenda Grand Terrace City Council August 9, 2022 City of Grand Terrace Page 3 5. Selection of Voting Delegates for Cal Cities 2022 Annual Conference & Expo RECOMMENDATION: Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, APPOINTING DELEGATES AND ALTERNATES TO THE 2022 CAL CITIES ANNUAL CONFERENCE & EXPO AS OFFICIAL REPRESENTATIVES OF THE CITY OF GRAND TERRACE DEPARTMENT: CITY CLERK 6. Amendment #1 to City Manager Employment Agreement RECOMMENDATION: Approve Amendment #1 to City Manager’s Employment Agreement DEPARTMENT: CITY ATTORNEY 7. Award of Contract for Landscape Maintenance Services RECOMMENDATION: 1. Award a Contractor Agreement to EZ Sunnyday for Landscape Maintenance Services for $66,520 annually for five years with a term expiring on June 30, 2027. 2. Authorize City Manager to execute the Contract and any necessary amendments for this contract DEPARTMENT: PUBLIC WORKS 8. Authorize Agreement for Security Officer Closing All Community Parks RECOMMENDATION: 1. Authorize agreement to procure unarmed security officer for the closing all City parks in the amount of $20,400.00 from August 16, 2022, to June 30, 2023; 2. Authorize the City Manager to execute agreement subject to City Attorney approval as to form DEPARTMENT: PUBLIC WORKS 9. Authorize Purchase Order for TJ Austin Park Equipment with Per Capital Grant Funds RECOMMENDATION: 1. Authorize the expenditure of up to $7,200 from Parks Fund (Fund 49) for the purchase of a bike rack and benches; 2. Authorize City Manager to execute a purchase order and all necessary sales documentation to procure bike rack and benches not to exceed the grant awarded amount DEPARTMENT: PUBLIC WORKS Agenda Grand Terrace City Council August 9, 2022 City of Grand Terrace Page 4 10. Authorize Purchase Order for Griffin Park Equipment with Per Capital Grant Funds RECOMMENDATION: 1. Authorize the expenditure of up to $74,200 from Parks Fund (Fund 49) for the purchase of benches, lighting, walking path, picnic tables, and dog waste stations 2. Authorize City Manager to execute a purchase order and all necessary sales documentation to procure benches, lighting, walking path, picnic tables, and dog waste stations not to exceed the grant awarded amount DEPARTMENT: PUBLIC WORKS 11. Authorize Purchase Order for Fitness Park Equipment with Per Capital Grant Funds RECOMMENDATION: 1. Authorize the expenditure of up to $3,000 from Parks Fund (Fund 49) for the purchase of a bike rack. 2. Authorize City Manager to execute a purchase order and all necessary sales documentation to procure bike rack not to exceed the grant budgeted amount DEPARTMENT: PUBLIC WORKS 12. Authorize Purchase Order for Richard Rollins Park Equipment with Per Capital Grant Funds RECOMMENDATION: 1. Authorize the expenditure of up to $3,000 from Parks Fund (Fund 49) for the purchase of a bike rack 2. Authorize City Manager to execute a purchase order and all necessary sales documentation to procure bike rack not to exceed the grant awarded amount DEPARTMENT: PUBLIC WORKS 13. Authorize Purchase Order for Veterans Freedom Park Equipment with Per Capital Grant Funds RECOMMENDATION: 1. Authorize the expenditure of up to $10,000 from Parks Fund (Fund 49) for the purchase of a bike rack and baseball/softball scoreboard 2. Authorize City Manager to execute a purchase order and all necessary sales documentation to procure bike rack and baseball/softball scoreboard not to exceed the grant awarded amount DEPARTMENT: PUBLIC WORKS Agenda Grand Terrace City Council August 9, 2022 City of Grand Terrace Page 5 14. Authorize Purchase Order for Furnish and Installation of 27' Live Pinus Elderica Tree at Barton/Palm Ave Median RECOMMENDATION: 1. Authorize the expenditure of $22,700 from ARPA Fund (Fund 94) for the furnish and installation of 27’ Pinus Elderica at Barton/Palm Ave Median 2. Authorize City Manager to execute a purchase order for furnish and installation of 27’ Pinus Elderica at Barton/Palm Ave Median DEPARTMENT: PUBLIC WORKS D. PUBLIC COMMENT This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the City Council may not discuss or act on any item not on the agenda but may briefly respond to statements made or ask a question for clarification. The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. E. PUBLIC HEARINGS - NONE F. UNFINISHED BUSINESS - NONE G. NEW BUSINESS 15. An Ordinance of the City Council of the City of Grand Terrace, California, Amending Section 5.42.170 (Containers - Located for Collection) of Chapter 5.42 (Integrated Waste Management) of Title 5 (Business Taxes, Licenses and Regulations) of the Grand Terrace Municipal Code to Identify Locations for Placement of Residential Waste Containers for Pick-Up by Waste Haulers RECOMMENDATION: That the City Council Approve the Ordinance to Identify Locations for Placement of Residential Waste Containers for Pick-Up by Waste Haulers DEPARTMENT: CITY MANAGER Agenda Grand Terrace City Council August 9, 2022 City of Grand Terrace Page 6 16. An Ordinance of the City of Grand Terrace, California Amending Section 6.04.090 (Impoundment of Animals) of Chapter 6.04 (Animal Control) of Title 6 (Animals) of the Grand Terrace Municipal Code, Which Amends the City’s Animal Control Regulations Pertaining to Impoundment of Animals RECOMMENDATION: That the City Council Approve the Ordinance Allowing for Impoundment of Unlicensed Animals DEPARTMENT: CITY MANAGER 17. Street Renaming of Terrace Avenue RECOMMENDATION: 1. Rename the entire street of Terrace Avenue within the city limits. 2. Authorize the City Manager to execute the name change. DEPARTMENT: PLANNING & DEVELOPMENT SERVICES 18. Report on the Grand Terrace Truck Route Ordinance and Traffic Control Devices RECOMMENDATION: Receive and File on the Grand Terrace Truck Route Ordinance and Traffic Control Devices DEPARTMENT: COMMUNITY DEVELOPMENT H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE I. CITY COUNCIL COMMUNICATIONS Council Member Jeff Allen Council Member Doug Wilson Council Member Sylvia Robles Mayor Pro Tem Bill Hussey Mayor Darcy McNaboe J. CITY MANAGER COMMUNICATIONS K. CLOSED SESSION - NONE Agenda Grand Terrace City Council August 9, 2022 City of Grand Terrace Page 7 L. ADJOURN The Next Regular City Council Meeting will be held on Tuesday, August 23, 2022, at 6:00 PM. Any request to have an item placed on a future agenda must be made in writing and submitted to the City Clerk’s office and the request will be processed in accordance with Council Procedures. CITY OF GRAND TERRACE CITY COUNCIL MINUTES ● JULY 12, 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, July 12, 2022 at 6:00 p.m. Invocation The Invocation was given by Pastor Harold Cortez of the Seventh Day Sabbath Church. Pledge of Allegiance Council Member Doug Wilson 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 Absent Terry Shea Interim Finance Director Present A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA - NONE B. SPECIAL PRESENTATIONS - NONE C. CONSENT CALENDAR C.2 Packet Pg. 8 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 1 2 , 2 0 2 2 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council July 12, 2022 City of Grand Terrace Page 2 RESULT: APPROVED [UNANIMOUS] MOVER: Sylvia Robles, Council Member SECONDER: Jeff Allen, Council Member AYES: McNaboe, Hussey, Robles, Wilson, Allen 1. Waive Full Reading of Ordinances on Agenda DEPARTMENT: CITY CLERK 2. Approval of Minutes – Regular Meeting – 06/28/2022 3. March 3, 2022 and May 19, 2022 Planning Commission Meeting Minutes Update RECEIVE AND FILE. 4. Approval of the May-2022 Check Register in the Amount of $493,915.31 APPROVE THE CHECK REGISTER NO. 05312022 IN THE AMOUNT OF $493,915.31 AS SUBMITTED, FOR THE MONTH ENDING MAY 31, 2022. 5. Historical & Cultural Activities Committee Members Resignations and Authorization to Post Notice of Vacancies ACCEPT THE RESIGNATIONS OF HISTORICAL & CULTURAL ACTIVITIES COMMITTEE MEMBERS FRANK’E BYMA AND MICHELLE GREER, DIRECT THE CITY CLERK TO PREPARE AND SEND A LETTER OF APPRECIATION ON BEHALF OF THE CITY COUNCIL AND DIRECT THE CITY CLERK TO POST NOTICE OF VACANCIES 6. Review of Local Conflict of Interest Code to Comply with the Political Reform Act 1. DIRECT STAFF TO REVIEW THE CITY'S CONFLICT OF INTEREST CODE FOR AMENDMENTS; AND 2. AUTHORIZE THE CITY MANAGER TO EXECUTE THE 2022 LOCAL AGENCY BIENNIAL REVIEW NOTICE INDICATING WHETHER AMENDMENTS ARE REQUIRED AND SUBMIT TO THE CITY COUNCIL NO LATER THAN OCTOBER 3, 2022. 7. Resolution Declaring Real Property Being Acquired by the City with APNs 1167-231-10 & 1167-231-22 Non-Exempt Surplus Land and Not Necessary for City’s Use Pursuant to the Surplus Land Act; Taking Related Actions; and Authorizing Staff to Proceed to Dispose of the Property Pursuant to the Surplus Land Act 1. ADOPT A RESOLUTION ENTITLED "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DECLARING PURSUANT TO THE SURPLUS LAND AC THAT REAL PROPERTY (APNS 1167-231-10 & 1167-231-22) OWNED BY THE CITY OF GRAND TERRACE IS NON-EXEMPT SURPLUS LAND WHICH IS NOT NECESSARY FOR THE CITY'S USE; TAKING RELATED ACTIONS; AND AUTHORIZING STAFF TO PROCEED TO DISPOSE OF THE PROPERTY PURSUANT TO THE SURPLUS LAND ACT" C.2 Packet Pg. 9 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 1 2 , 2 0 2 2 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council July 12, 2022 City of Grand Terrace Page 3 2. AUTHORIZE THE MAYOR TO SIGN THE RESOLUTION UPON THE CLOSE OF ESCROW FOR THE ACQUISITION OF THE REAL PROPERTY WITH APNS 1167-231-10 & 1167-231-22 8. Determination of Public Convenience or Necessity Finding Pursuant to Business and Professions Code Section 23958.4 for Pending Type 20 Beer and Wine License for Walgreens Store No. 12841, Located at 22456 Barton Road 1. MAKE A POSITIVE FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR A TYPE 20 OFF-SALE BEER AND WINE LICENSE FOR WALGREENS LOCATED AT 22456 BARTON ROAD; AND 2. DIRECT STAFF TO ISSUE THE PROPOSED PUBLIC CONVENIENCE OR NECESSITY LETTER TO THE CALIFORNIA DEPARTMENT OF ALCOHOL BEVERAGE CONTROL IN SUPPORT OF WALGREENS TYPE 20 OFF-SALE BEER AND WINE LICENSE. 9. Amendments Extending the Term of Two Professional Service Agreements for on Call Planning and Environmental Services with Michael Baker International and Moore, Iacofano, Goltsman, Inc., Respectively, to June 30, 2023 1. APPROVE THE AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENTS BETWEEN THE CITY OF GRAND TERRACE AND MICHAEL BAKER INTERNATIONAL FOR ON-CALL PLANNING SERVICES, WHICH EXTENDS THE TERM THEREOF TO JUNE 30, 2023, SUBJECT TO THE CITY MANAGER’S APPROVAL/NEGOTIATION AND THE CITY ATTORNEY’S APPROVAL AS TO FORM; AND 2. APPROVE THE AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENTS BETWEEN THE CITY OF GRAND TERRACE AND MOORE IACOFANO GOLTSMAN, INC.FOR ON-CALL PLANNING SERVICES, WHICH EXTENDS THE TERM THEREOF TO JUNE 30, 2023, SUBJECT TO THE CITY MANAGER’S APPROVAL/NEGOTIATION AND THE CITY ATTORNEY’S APPROVAL AS TO FORM; AND 3. AUTHORIZE THE CITY MANAGER TO EXECUTE BOTH THE ABOVE- MENTIONED AMENDMENTS, SUBJECT TO THE CITY MANAGER’S APPROVAL/NEGOTIATION AND THE CITY ATTORNEY’S APPROVAL AS TO FORM. 10. Award and Approve Agreement with Bell Roof Company, Inc. for Grand Terrace Civic Center Re-Roof and Repair Services 1. AWARD AND APPROVE AN AGREEMENT FOR RE-ROOF AND REPAIR SERVICES AT THE GRAND TERRACE CIVIC CENTER BUILDING TO BELL ROOF COMPANY, INC. IN THE AMOUNT OF $211,450 WITH A 10% CONTINGENCY ($21,145). 2. AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT SUBJECT TO CITY ATTORNEY APPROVAL AS TO FORM. C.2 Packet Pg. 10 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 1 2 , 2 0 2 2 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council July 12, 2022 City of Grand Terrace Page 4 11. Authorize Purchase Order for Procurement of Three Ford Service Trucks 1. AUTHORIZE THE EXPENDITURE OF $159,981.46 FROM ARPA FUND (FUND 94) FOR THE PURCHASE OF TWO FORD F150 AND ONE F250 SERVICE TRUCK 2. AUTHORIZE CITY MANAGER TO EXECUTE A PURCHASE ORDER AND ALL NECESSARY SALES DOCUMENTATION TO PROCURE FORD TRUCKS FROM SUNRISE FORD MOTOR DEALER 12. Approval of a Contractor Agreement Between The City of Grand Terrace and West Coast Arborist for Citywide Tree Inventory and Arborist Services 1. APPROVE A CONTRACTOR AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND WEST COAST ARBORIST, INC. FOR CITYWIDE TREE INVENTORY AND ARBORIST SERVICES; 2. APPROPRIATE $289,734 FROM MEASURE I FUND 20; AND 3. AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT. D. PUBLIC COMMENT Juanita Odenbaugh, Grand Terrace requested a timeline when the wall will be built on West Coast Arborists property. She also thanked the City Manager for providing her a letter however she was not happy with his response to her mother on how to resolve an issue her mother has with her neighbor. Virginia Fernandez, Grand Terrace expressed concerns regarding weeds not being taken care of in the City and landscaping crews blowing leaves out into the street. E. PUBLIC HEARINGS 13. Public Hearing and Adoption of Resolution Relating to Rate Increases for Solid Waste, Recycling, Disposal Service & Waste Collection) Rate Increase Shanita Tillman, Management Analyst gave the staff report and PowerPoint presentation for this item. Mike Arreguin, Vice President of Burrtec Waste Industries introduced Michael Hefman who will be giving the presentation on the SB 1383 Program. Michael Hefman, Municipal Services Manager of Burrtec Waste Industries gave the PowerPoint presentation on the SB 1383 Program. C.2 Packet Pg. 11 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 1 2 , 2 0 2 2 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council July 12, 2022 City of Grand Terrace Page 5 Mayor McNaboe opened the public hearing at 6:50 p.m. PUBLIC COMMENT Virginia Fernandez, Grand Terrace does not believe residents will comply with the new State legislature. Johan Gallo, Grand Terrace applauds Burrtec for their efforts implementing this program and is in support of the rate increase. The following Grand Terrace residents oppose the rate increase by written protest as follows: Joseph Hosch Gene E. Hays Bette Rhoads Gregorio/Gail A. Castanon Mayor McNaboe closed the public hearing at 7:00 p.m. 1. CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTION OF RATE INCREASES FOR SOLID WASTE, RECYCLING, DISPOSAL SERVICE & WASTE COLLECTION) RATE INCREASE 2. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA APPROVING AN INCREASE IN SOLID WASTE, RECYCLING, DISPOSAL SERVICE & WASTE COLLECTION) RATE INCREASE RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Council Member SECONDER: Bill Hussey, Mayor Pro Tem AYES: McNaboe, Hussey, Robles, Wilson, Allen 14. 2022-2023 Landscape & Lighting Assessment District 89-1 Public Hearing and Adoption of Resolution Ordering the Levy and Collection of Assessments Therefore and Approval of Agreements with the County for the Collection Thereof Shanita Tillman, Management Analyst gave the staff report and PowerPoint presentation for this item. Mayor McNaboe opened the public hearing at 7:10 p.m. PUBLIC COMMENT None. Mayor McNaboe closed the public hearing at 7:10 p.m. 1) CONDUCT THE PUBLIC HEARING; AND C.2 Packet Pg. 12 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 1 2 , 2 0 2 2 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council July 12, 2022 City of Grand Terrace Page 6 2) ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE APPROVING THE ENGINEER’S ANNUAL LEVY REPORT FOR, AND CONFIRMING THE DIAGRAM AND ASSESSMENT AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN, THE CITY OF GRAND TERRACE LANDSCAPING AND STREET LIGHTING DISTRICT NO. 89-1, FISCAL YEAR 2022- 2023 3) APPROVE THE “AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR AGREEMENT FOR COLLECTION OF SPECIAL TAXES, FEES, AND ASSESSMENTS FISCAL YEAR 2022-2023” FOR THE CITY AND “THE AUDITOR- CONTROLLER/TREASURER/TAX COLLECTOR AGREEMENT FOR COLLECTION OF SPECIAL TAXES, FEES, AND ASSESSMENTS FISCAL YEAR 2022-2023” FOR THE DISTRICT AND AUTHORIZE THE MAYOR TO SIGN THEREOF SUBJECT TO CITY ATTORNEY APPROVAL AS TO FORM RESULT: APPROVED [UNANIMOUS] MOVER: Sylvia Robles, Council Member SECONDER: Jeff Allen, Council Member AYES: McNaboe, Hussey, Robles, Wilson, Allen F. UNFINISHED BUSINESS - NONE G. NEW BUSINESS - NONE 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 Nothing to Report Council Member Sylvia Robles Nothing to Report Mayor Pro Tem Bill Hussey C.2 Packet Pg. 13 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 1 2 , 2 0 2 2 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council July 12, 2022 City of Grand Terrace Page 7 Nothing to Report. Mayor Darcy McNaboe Mayor Darcy McNaboe commented on board meetings and events that she attended. Click here to view the report. J. CITY MANAGER COMMUNICATIONS Konrad Bolowich, City Manager announced the following: • The second of two (2) Free COVID-19 Vaccination Clinics will be held on July 19, 2022, at City Hall. • There continues to be work along Barton Road due to the current construction. Sometime in the next of 3-4 weeks, paving will also begin along that segment of Barton road which will be scheduled at night to lessen the traffic impacts. K. RECESS TO CLOSED SESSION Mayor McNaboe recessed the regular meeting of the City Council to closed session at 7:20 p.m. CLOSED SESSION 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1) TITLE: City Manager RECONVENE TO OPEN SESSION Mayor McNaboe reconvened the regular meeting of the City Council from closed session at 8:11 p.m. REPORT OUT OF CLOSED SESSION Mayor McNaboe announced that there was no reportable action taken however direction was provided to staff. L. ADJOURN Mayor McNaboe adjourned the Regular Meeting of the City Council at 8:12 p.m. The Next Regular Meeting of the City Council will be held on Tuesday, July 26, 2022, at 6:00 p.m. C.2 Packet Pg. 14 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 1 2 , 2 0 2 2 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) CITY OF GRAND TERRACE CITY COUNCIL MINUTES ● JULY 26, 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, July 26, 2022, at 6:00 p.m. Mayor McNaboe announced that tonight’s meeting will be closed in memory of Grand Terrace resident, Ed Gregor. Invocation The Invocation was given by Pastor Mark Matthews from Grand View Baptist Church. 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 Absent A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA - NONE B. SPECIAL PRESENTATIONS - NONE C. CONSENT CALENDAR Agenda Item No. C.4 was pulled by Council Member Jeff Allen for discussion. C.3 Packet Pg. 15 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 2 6 , 2 0 2 2 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council July 26, 2022 City of Grand Terrace Page 2 RESULT: APPROVED [UNANIMOUS] MOVER: Sylvia Robles, Council Member SECONDER: Bill Hussey, Mayor Pro Tem AYES: McNaboe, Hussey, Robles, Wilson, Allen 1. Waive Full Reading of Ordinances on Agenda DEPARTMENT: CITY CLERK 2. Approval of the June-2022 Check Register in the Amount of $681,243.18 APPROVE THE CHECK REGISTER NO. 06302022 IN THE AMOUNT OF $681,243.18 AS SUBMITTED, FOR THE MONTH ENDING JUNE 30, 2022. 3. Professional Services Agreement Between the City of Grand Terrace and Lilburn Corporation for Planning Consultant Services Related to the Gateway Specific Plan Development 1) APPROVE AN AGREEMENT WITH LILBURN CORPORATION IN THE AMOUNT OF $183,500.00; AND 2) AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT, SUBJECT TO CITY ATTORNEY APPROVAL AS TO FORM. 4. Approve Amendment No. 1 to Amended and Restated Agreement with Hirsch and Associates in Order to Continue Contract Services for Completion of the Blue Mountain Trail APPROVE AMENDMENT NO. 2 WITH HIRSCH AND ASSOCIATES TO CONTINUE SERVICES FOR THE COMPLETION OF BLUE MOUNTAIN TRAIL AND DIRECT THE CITY MANAGER TO EXECUTE THE AGREEMENT SUBJECT TO THE CITY ATTORNEY APPROVAL AS TO FORM. D. PUBLIC COMMENT Bobbie Forbes, Grand Terrace expressed her appreciation for the scheduled meeting at the Fitness Park on Thursday, July 28, 2022. Ms. Forbes is again expressing her concerns regarding fireworks in her neighborhood and the poor job by the City’s street sweeping company. E. PUBLIC HEARINGS C.3 Packet Pg. 16 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 2 6 , 2 0 2 2 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council July 26, 2022 City of Grand Terrace Page 3 5. Public Hearing Regarding Objections or Protests to Collecting Delinquent Refuse, Sewer and Rental Inspection Fees on the Tax Rolls for Affected Properties; Adoption of Resolutions to Collect Said Delinquent Fees on the Tax Roll and for the Placement of Assessments for Said Delinquent Fees on Properties Located in the City for Fiscal Year 2022-2023 Shanita Tillman, Management Analyst gave the staff report and PowerPoint presentation for this item. Mayor McNaboe opened the Public Hearing at 6:20 p.m. PUBLIC COMMENT None. Mayor McNaboe closed the Public Hearing at 6:20 p.m. 1) CONDUCT A PUBLIC HEARING TO HEAR OBJECTIONS OR PROTESTS OF DELINQUENT FEES THAT ARE PROPOSED FOR ADOPTION AND ASSESSMENT ON THE TAX ROLLS OF THE COUNTY TAX ASSESSOR. 2) ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ADOPTING A REPORT OF DELINQUENT REFUSE AND SEWER USER FEES AND DIRECTING THAT SUCH DELINQUENT FEES BE COLLECTED ON THE TAX ROLL AND BE IMPOSED AS AN ASSESSMENT UPON PROPERTY WITHIN THE CITY OF GRAND TERRACE 3) ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ADOPTING A REPORT OF DELINQUENT NON-OWNER OCCUPIED RENTAL PROPERTY PROGRAM FEES AND FINES AND DIRECTING THAT SUCH DELINQUENT FEES BE COLLECTED ON THE TAX ROLL AND BE IMPOSED AS AN ASSESSMENT LIEN UPON PROPERTY WITHIN THE CITY OF GRAND TERRACE RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Allen, Council Member SECONDER: Bill Hussey, Mayor Pro Tem AYES: McNaboe, Hussey, Robles, Wilson, Allen F. UNFINISHED BUSINESS - NONE C.3 Packet Pg. 17 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 2 6 , 2 0 2 2 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council July 26, 2022 City of Grand Terrace Page 4 G. NEW BUSINESS - NONE H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE I. CITY COUNCIL COMMUNICATIONS Council Member Jeff Allen Council Member Jeff Allen commented on committee meetings and events that he attended. Click here to view the report. Council Member Doug Wilson On July 20, 2022, Council Member Doug Wilson attended the Annual California JPIA Board meeting and announced that Mayor McNaboe accepted a position on the Steering Committee. Council Member Sylvia Robles Nothing to Report. Mayor Pro Tem Bill Hussey Nothing to Report. Mayor Darcy McNaboe On July 20, 2022, Mayor McNaboe attended the California JPIA (CJPIA) Annual Board meeting and one of the top items of discussion was the organization acquiring a building to outfit with a production studio to create more online training and training on demand. She provided information on CJPIA’s development of long-term strategies for mitigating the growing risks of public agencies. J. CITY MANAGER COMMUNICATIONS Konrad Bolowich, City Manager announced that the National Orange Show will be hosting a musical event on July 29-31, 2022. The City has secured a sound monitoring company to measure the sound levels in the City during this event. On Thursday, July 28, 2022, at 6:00 p.m., staff will be at the fitness park to meet with the residents to discuss fireworks, truck routes, street sweeping and any other items of concern they may have. K. RECESS TO CLOSED SESSION Mayor McNaboe recessed the regular meeting of the City Council to closed session at C.3 Packet Pg. 18 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 2 6 , 2 0 2 2 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) Minutes Grand Terrace City Council July 26, 2022 City of Grand Terrace Page 5 6:30 p.m. CLOSED SESSION 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1) TITLE: City Attorney 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1) TITLE: City Manager RECONVENE TO OPEN SESSION Mayor McNaboe reconvened the regular meeting of the City Council from closed session at 7:58 p.m. REPORT OUT OF CLOSED SESSION Agenda Item No. K.1 - Mayor McNaboe announced that there was no reportable action taken, however direction was provided to staff. Agenda Item No. K.2 – Mayor McNaboe announced that there was no reportable action taken, however direction was provided to staff. L. ADJOURN Mayor McNaboe adjourned the Regular Meeting of the City Council in memory of Ed Gregor at 8:00 p.m. The Next Regular Meeting of the City Council will be held on Tuesday, August 9, 2022, at 6:00 p.m. C.3 Packet Pg. 19 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 2 6 , 2 0 2 2 6 : 0 0 P M ( C o n s e n t C a l e n d a r ) AGENDA REPORT MEETING DATE: August 9, 2022 Council Item TITLE: May 2, 2022 Historical & Cultural Activities Committee Meeting Minutes Update PRESENTED BY: Debra Thomas, City Clerk RECOMMENDATION: Receive and file. 2030 VISION STATEMENT: This staff report supports Goal #5, Engage in Proactive Communication. BACKGROUND: Beginning with the November 14, 2017, City Council meeting, the City Clerk was directed by the City Manager to provide Council with a copy of the Planning Commission, Historical & Cultural Activities Committee and Volunteer Emergency Operations Committee minutes to keep Council up-to-date on those Commission/Committee activities and on January 16, 2018, the City Manager requested that the Parks & Recreation Advisory minutes be included in the Committee/Commission Report. DISCUSSION: Planning Commission – Nothing to Report. Parks & Recreation Advisory Committee – Nothing to Report. On August 1, 2022, the Historical & Cultural Activities Committee held its Regular Meeting and approved its May 2, 2022, Regular Meeting minutes. The minutes for this meeting is included as an attachment to this report. The Committee’s next Special Meeting is scheduled for September 12, 2022. FISCAL IMPACT: None. ATTACHMENTS: • 05-02-2022 H&C Minutes (PDF) C.4 Packet Pg. 20 APPROVALS: Debra Thomas Completed 08/02/2022 3:27 PM City Manager Completed 08/02/2022 4:11 PM City Council Pending 08/09/2022 6:00 PM C.4 Packet Pg. 21 C.4.a Packet Pg. 22 At t a c h m e n t : 0 5 - 0 2 - 2 0 2 2 H & C M i n u t e s ( C o m m i t t e e a n d C o m m i s s i o n M i n u t e s ) AGENDA REPORT MEETING DATE: August 9, 2022 Council Item TITLE: Selection of Voting Delegates for Cal Cities 2022 Annual Conference & Expo PRESENTED BY: Debra Thomas, City Clerk RECOMMENDATION: Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, APPOINTING DELEGATES AND ALTERNATES TO THE 2022 CAL CITIES ANNUAL CONFERENCE & EXPO AS OFFICIAL REPRESENTATIVES OF THE CITY OF GRAND TERRACE 2030 VISION STATEMENT: This staff report supports City Council Goal #4 “Develop and Implement Successful Partnerships” by working collaboratively with Public Sector, Local, Regional and State Agencies to facilitate the delivery of services to our community and to secure funding for programs and projects. BACKGROUND: The City of Grand Terrace is a member of the League of California Cities. The League’s Annual Legislative Conference is scheduled for September 7, 2022, through September 9, 2022, to be held in the City of Long Beach at Long Beach Convention Center. Member cities are encouraged to send a City representative as a delegate to represent the City and cast their vote on League policy. Each City is allowed one (1) vote. On December 8, 2020, the City Council appointed members of the City Council to represent the City on various Boards, Commissions and Committees. Those appointed to Cal Cities Division Meetings and Annual Meeting are as follows: Council Member Doug Wilson - Delegate Council Member Jeff Allen - Alternate DISCUSSION: An important part of the Annual Conference is participating in the Annual Business Meeting at the General Assembly. The Annual Business Meeting is scheduled for 12:30 pm on Friday, September 9, 2022, at the Long Beach Convention Center. For Grand Terrace to be able to vote at the Annual Business meeting, a Voting Delegate must be determined. In addition, up to two alternate voting delegates may be appointed in the absence of the voting delegate (only one of the two will be allowed to vote). C.5 Packet Pg. 23 Consistent with League bylaws, the City’s voting delegate, and up to two alternates, must be designated by the City Council. Designating the voting delegate and alternates must be done by City Council action. In addition, the voting delegate and alternates must be registered to attend the conference. If the voting delegate cannot attend the complete conference, they may register for Friday only. To be able to cast a vote, at least one voter must be present at the Business Meeting in possession of the voting delegate card and a Voting Delegate sticker. The League of California Cities has requested attending cities to submit by September 2, 2022, a Resolution designating the voting delegate and up to two alternates. Adoption of the attached Resolution will satisfy League requirements and enable the City of Grand Terrace to participate in the League's Annual Business Meeting, scheduled for September 9, 2022. Based on the above, the current council members designated to the annual conference Council Member Wilson and Council Member Allen. FISCAL IMPACT: There is no fiscal impact by designating the voting delegate and alternates. ATTACHMENTS: • 2022-xx - League of CA Cities Delegate-Alternate (DOCX) APPROVALS: Debra Thomas Completed 07/29/2022 4:44 PM City Manager Completed 08/01/2022 10:37 AM City Council Pending 08/09/2022 6:00 PM C.5 Packet Pg. 24 RESOLUTION NO. 2022-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, APPOINTING DELEGATES AND ALTERNATES TO THE 2022 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE AS OFFICIAL REPRESENTATIVES OF THE CITY OF GRAND TERRACE WHEREAS, the League of California Cities (“League”) will be having its 2022 Annual Conference from September 7, 2022, to September 9, 2022, in Long Beach, California; and WHEREAS, the League’s 2022 Annual Conference will have an Annual Business Meeting on Friday, September 9, 2022, in which the League’s membership may consider and take action on resolutions that establish League policy; and WHEREAS, in order to participate in the Annual Business Meeting and to attend the League’s 2022 Annual Conference, the Bylaws of the League require the City Council to appoint, by a majority vote, a primary Voting Delegate and up to two (2) Alternate Voting Delegates, one (1) of whom may vote in the Annual Business Meeting in the event that the primary designated voting delegate is unable to serve in that capacity; and WHEREAS, the City Council now desires to appoint a Voting Delegate and Alternate Voting Delegate to the 2022 League of California Cities Annual Conference. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Council Member Doug Wilson is hereby appointed to serve as the Voting Delegate to the 2022 League of California Cities Annual Conference representing the City of Grand Terrace. SECTION 2. Council Member Jeff Allen is hereby appointed to serve as the Alternate Voting Delegate to the 2022 League of California Cities Annual Conference representing the City of Grand Terrace. SECTION 3. The City Clerk of the City of Grand Terrace shall certify to the passage and adoption of this Resolution and its approval by the City Council and shall cause the same to be listed in the records of the City. C.5.a Packet Pg. 25 At t a c h m e n t : 2 0 2 2 - x x - L e a g u e o f C A C i t i e s D e l e g a t e - A l t e r n a t e ( C a l i f o r n i a L e a g u e o f C i t i e s 2 0 2 2 D e s i g n a t i o n o f V o t i n g D e l e g a t e s ) SECTION 4. The City Clerk of the City of Grand Terrace is directed to submit a certified copy of this Resolution before September 2, 2022, to the League of California Cities. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace, California, at a regular meeting held on the 9th day of August 2022. ________________________________ Darcy McNaboe, Mayor ATTEST: _________________________ Debra L. Thomas City Clerk APPROVED AS TO FORM: _________________________ Adrian R. Guerra City Attorney C.5.a Packet Pg. 26 At t a c h m e n t : 2 0 2 2 - x x - L e a g u e o f C A C i t i e s D e l e g a t e - A l t e r n a t e ( C a l i f o r n i a L e a g u e o f C i t i e s 2 0 2 2 D e s i g n a t i o n o f V o t i n g D e l e g a t e s ) AGENDA REPORT MEETING DATE: August 9, 2022 Council Item TITLE: Amendment #1 to City Manager Employment Agreement PRESENTED BY: Adrian Guerra, City Attorney RECOMMENDATION: Approve Amendment #1 to City Manager’s Employment Agreement 2030 VISION STATEMENT This staff report supports all adopted goals and all adopted Core Values of the City Council’s 2030 Vision. BACKGROUND: On January 3, 2022, Konrad Bolowich, (Employee) commenced services as the City Manager of the City, pursuant to the City of Grand Terrace City Manager Employment Agreement (Agreement) between the Employee and the City Council of the City of Grand Terrace (City Council). DISCUSSION: City Council now desires to approve the First Amendment to the Agreement, a copy of which is attached hereto. The Agreement currently provides for an annual base salary of $211,200. The First Amendment to the Agreement includes a two percent (2%) increase providing for a new annual base salary of $215,424. FISCAL IMPACT: The 2022/23 budget includes funds for the two percent (2%) annual base salary increase, therefore there will be no fiscal impact to this year’s budget with this action. The approved amendment will adjust the annual base salary to $215,424. ATTACHMENTS: • Konrad Bolowich - Employment Agreement - 2021-34 (PDF) • (GT) First Amendment to the City Manager Employment Agreement(DOCX) • (GT) Resolution - First Amendment to CM Agreement (DOCX) APPROVALS: Adrian Guerra Completed 08/03/2022 2:12 PM C.6 Packet Pg. 27 City Manager Completed 08/03/2022 2:44 PM City Council Pending 08/09/2022 6:00 PM C.6 Packet Pg. 28 CITY OF GRAND TERRACE CITY MANAGER EMPLOYMENT AGREEMENT This CITY MANAGER EMPLOYMENT AGREEMENT ("Agreement") is entered into and made effective the 14th day of December, by and between the CITY OF GRAND TERRACE, a general law city and municipal corporation ("City") and KONRAD BOLOWICH, an individual ("Employee"). RECITALS WHEREAS, it is the desire of the City Council of the City of Grand Terrace (hereinafter the "City Council") to employ an individual to serve in the position of City Manager, which position is prescribed by state law and the City's Municipal Code; and WHEREAS, California Government Code Section 34852 provides that an ordinance establishing a city manager form of government shall define the powers and duties of the city manager; and WHEREAS, the powers and duties of the city manager of the City are set forth in Grand Terrace Municipal Code("GTMC") §§ 2.08.050 through 2.08.170; and WHEREAS, based on Employee's executive and administrative qualifications and ability, the City Council desires to employ Employee to serve as the city manager for the City; and WHEREAS, Employee desires to perform and assume responsibility for the provision of city manager services to the City; and WHEREAS, the parties wish to establish the terms and conditions of Employee's provision of city manager professional services to the City through this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and Employee hereby agree as follows: AGREEMENT 1.0 EMPLOYMENT & DUTIES 1.1 Duties. City hereby employs Employee as city manager for the City to perform the functions and duties of the city manager, as specified in the job description attached hereto as Exhibit "A," the City's Municipal Code, and in the Government Code of the State of California, and to perform such other legally permissible and proper duties and functions as the City Council shall, from time-to-time, direct or assign. Employee shall devote his best efforts and full-time attention to performance of these duties. 01247.0004/752487.8 C.6.a Packet Pg. 29 At t a c h m e n t : K o n r a d B o l o w i c h - E m p l o y m e n t A g r e e m e n t - 2 0 2 1 - 3 4 ( A m e n d m e n t # 1 t o C i t y M a n a g e r E m p l o y m e n t A g r e e m e n t ) 1.2 Work Schedule. Employee is expected to engage in the hours of work that are necessary to fulfill the obligations of the position, must be available at all times, and must devote a great deal of time outside the normal office hours to the business of the City. Employee acknowledges that proper performance of the duties of city manager will require Employee to generally observe normal business hours, as set by the City and may be duly revised from time-to-time (currently 8:00 a.m. to 5:00 p.m., Monday through Friday), and will also often require the performance of necessary services outside of normal business hours. Employee's compensation (whether salary or benefits or other allowances) is not based on hours worked, and Employee shall not be entitled to any compensation for overtime. 1.3 Other Activities. Employee shall focus his professional time, ability, and attention to City business during the term of this Agreement. Employee shall not engage, without the express prior written consent of the City Council, in any other business duties or pursuits whatsoever, or directly or indirectly render any services of a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise, that is or may be competitive with the City, that might cause a conflict-of-interest with the City, or that otherwise might interfere with the business or operation of the City or the satisfactory performance of the functions and duties of city manager. 1.4 At-Will Employment Status. Upon appointment to the city manager position, Employee shall serve at the will and pleasure of the City Council and understands that he shall be an "at-will" employee without recourse to bumping or other demotion rights and shall be subject to summary dismissal without any right of notice or hearing except as expressly provided in this Agreement, including any so-called due process pre-disciplinary "Skelly" hearing. The City may terminate Employee at any time in accordance with Section 3.4 below. 1.5 City Documents. All data, studies, reports and other documents prepared by Employee while performing his duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Employee in connection with the performance of this Agreement shall be held confidential by Employee to the extent permitted by applicable law, except as may be required by any governmental agency or court of competent jurisdiction. Such materials shall not be used by Employee, without the prior written consent of the City Council, for any purposes other than the performance of his duties. Additionally, no such materials may be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by(a)law, (b) any governmental agency, (c) subpoena, or(d) an order issued by a court of competent jurisdiction. 1.6 Exclusion from Competitive Service. Employee understands, acknowledges and agrees that he is exempt from the City's personnel system pursuant to GTMC 2.24.020(B). 1.7 FLSA Exempt Status. Employee agrees that his position is that of an exempt employee for the purposes of the Fair Labor Standards Act("FLSA"). 2 01247.0004/752487.8 C.6.a Packet Pg. 30 At t a c h m e n t : K o n r a d B o l o w i c h - E m p l o y m e n t A g r e e m e n t - 2 0 2 1 - 3 4 ( A m e n d m e n t # 1 t o C i t y M a n a g e r E m p l o y m e n t A g r e e m e n t ) 2.0 COMPENSATION AND REIMBURSEMENT 2.1 Compensation. For the services rendered pursuant to this Agreement, Employee's initial base compensation shall be Two Hundred Eleven Thousand Two Hundred Dollars and No Cents($211,200.00) annually("Salary"), which shall be paid on a pro-rated basis bi-weekly at the same time as other employees of the City are paid. Such Salary shall be adjusted for payroll taxes, workers' compensation, and other payroll-related liability costs as determined by the City. The City shall not reduce Employee's Salary,unless as part of a general City management salary reduction, and then in no greater percentage than the average reduction of all City department heads. 2.2 Salary Review and Adjustment. The City Council and Employee agree to conduct an initial salary review in or prior to June 2022 concurrently with the performance evaluation set forth in Section 5.2. For the June 2022 salary review, in the event Employee has achieved the goals established for him by the City Council as determined by the City Council in its discretion, then Employee will be provided up to a four percent (4%) base salary adjustment to be effective July 1, 2022 (up to a new base salary of$219,648.00). The City Council and Employee further agree to conduct a salary review in or prior to June 2023 concurrently with the performance evaluation set forth in Section 5.2. For the June 2023 salary review, in the event Employee has achieved the goals established for him by the City Council as determined by the City Council in its discretion, then Employee will be provided up to a three percent (3%) base salary adjustment to be effective July 1, 2023 (up to a new base salary of $226,237.44). Any further adjustments in the base salary and/or benefits following Employee's annual performance evaluations shall be at the sole discretion of the City Council. 3.0 TERM 3.1 Commencement & Effective Date. Employee shall commence his services hereunder at 12: 01 a.m. Pacific daylight savings time on January 3, 2022 ("Effective Date"). 3.2 Term. This Agreement shall remain in effect for three(3)years from the Effective Date specified in Section 3.1, i.e. until January 2, 2025. 3. 3 Termination by Employee. Employee may terminate this Agreement at any time, provided Employee provides the City Council with at least thirty (30) days' advance written notice prior to the effective date of termination, unless a shorter period is acceptable to Council. In the event Employee terminates this Agreement, Employee expressly agrees that he shall not be entitled to any severance pay. 3.4 Termination byCity. The City Council may terminate this Agreement at any time with or without cause, by providing written notice of the reasons(s) as provided in (a) and (b) below. The City Council's right to terminate Employee pursuant to this Section 3.4 shall not be subject to or in any way limited by the City's Personnel Rules or past City practices related to the employment, discipline or termination of the City's employees. Nothing herein, however, shall be construed to create a property interest, where one does not exist by rule of law, 3 01247.0004/752487.8 C.6.a Packet Pg. 31 At t a c h m e n t : K o n r a d B o l o w i c h - E m p l o y m e n t A g r e e m e n t - 2 0 2 1 - 3 4 ( A m e n d m e n t # 1 t o C i t y M a n a g e r E m p l o y m e n t A g r e e m e n t ) in the position of city manager. Upon appointment to the city manager position, Employee remains an at-will employee serving at the pleasure of the City Council. a) Termination by City for Cause. The City may terminate this Agreement for cause at any time by providing Employee with five (5) business days' written notice of the termination for cause and the facts and grounds constituting such cause. In such event, City shall, if desired Employee, afford Employee a public name-clearing hearing before Council. Request for a name clearing hearing shall be made to the City Clerk within seven (7) days of Employee's receipt of notice of termination. For purposes of this Agreement, the term cause" shall be defined to include any misconduct materially related to performance of official duties, including but not be limited to any of the following: (1) breach of this Agreement; (2) violation of the City's Municipal Code, Ordinances, Rules, and Regulations, including but not limited to the City's Personnel Rules; (3) willful or persistent material breach or neglect of duties; (4) resume fraud or other acts of material dishonesty; (5) insubordination (which shall be defined as a repeated failure to carry out a directive or directives of Council made by Council as a body); (6) corrupt or willful misconduct in office; (7) conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality) or conviction of a felony under California law; (8) willful destruction or misuse of City property; (9) habitual intoxication while on duty, whether by alcohol, prescription or non-prescription drugs, and in the case of prescription drugs, where they are being used in a manner not authorized by Employee's treating physician; (10) use or possession of illegal drugs; (11) inexcusable absence without an authorized leave of absence; (12) willful political activity involving the support of candidates for Council; (13) theft or attempted theft; (14) financial mismanagement; (15) willful violation of Federal, State or City discrimination and harassment laws concerning either members of the general public or City's employee(s) while acting in the course and scope of employment and/or while on City premises or time; (16) willful and unlawful retaliation against any City officer or employee or member of the general public who in good faith reports, discloses, divulges or otherwise brings to the attention of any appropriate authority any facts or information relative to actual or suspected violations of any law occurring on the job or related directly thereto; (17) willful violation of any conflict of interest or incompatibility of office laws; (18) engaging in conduct tending to bring embarrassment or disrepute to City; (19) any illegal or unethical act involving personal gain; (20) "abuse of office or position" as defined in Government Code 53243.4 (i.e., waste, fraud, and violation of the law under color of authority and crimes against public justice, including crimes involving bribery and corruption); or (21) any similar cause. For any of the foregoing, the City may, in its discretion, place Employee on paid or unpaid administrative leave until resolution. If the City terminates for cause this Agreement and the services of Employee hereunder, then the City shall have no obligation to pay severance. b) Termination by City Council Without Cause. By providing Employee at least thirty (30) calendar days prior written notice thereof, the City Council may terminate Employee without cause, including based upon management reasons. In the event Employee is terminated without cause, Employee expressly agrees that he shall not be entitled to any severance pay as the result of the termination of this Agreement except as provided in Section 4.1 below. 3.5 Waiver of Certain Discipline and Termination Rights. Employee expressly waives any rights afforded under City's personnel system or policies, Personnel Rules, 4 01247.0004/752487.8 C.6.a Packet Pg. 32 At t a c h m e n t : K o n r a d B o l o w i c h - E m p l o y m e n t A g r e e m e n t - 2 0 2 1 - 3 4 ( A m e n d m e n t # 1 t o C i t y M a n a g e r E m p l o y m e n t A g r e e m e n t ) and any rights afforded to Employee under the Grand Terrace Municipal Code (including Sections 2.08.210 through 2.08.270) or under State or Federal law, including Government Code 54950 et seq. ("Brown Act"), to any form of pre- or post- discipline or termination hearing, appeal, or other administrative process pertaining to discipline or termination, except those rights Employee may have under the California or United States constitutions to a name-clearing hearing. Such rights waived under this Section 3.5 include the right under the Brown Act Government Code §54957(b)) to have complaints or charges against an employee heard in a public session upon Employee's request. 3.6 Limitation on Termination Following Election. Employee shall not be removed from office, other than for cause as defined in Section 3.4(a) above, during or within a period of ninety (90) days next succeeding any general municipal election held in the City at which election a member of the City Council is elected or when a new City Councilmember is appointed. 4.0 SEVERANCE 4.1 Severance Pay. Notwithstanding GTMC §2.08.040(C), if the Council terminates Employee without cause and Employee does not challenge such termination, including but not limited to by means of appeal or civil or administrative claim, then City shall pay to Employee severance in an amount equal to his monthly base salary (as defined in Section 2 above, calculated on a per diem basis) then in effect multiplied by six (6), less applicable deductions and excluding deferred compensation or the value of any other benefits. In addition, the City shall extend to Employee the right to continue health insurance as may be required by and pursuant to the terms and conditions of the Consolidated Omnibus Budget Reconciliation Act of 1986 ("COBRA"). As permitted by Government Code § 53261, City agrees to pay Employee's COBRA coverage for one (1) month or until Employee finds other employment,whichever occurs first. Notwithstanding the foregoing, Government Code Section 53260 provides that all contracts of employment with a city must include a provision limiting the maximum cash settlement for the termination of the contract to the monthly salary (excluding benefits) multiplied by the number of months left on the unexpired term,but not more than 18 months if the unexpired term exceeds 18 months. Accordingly, should such proposed severance payment exceed the amount authorized to be paid under Government Code Section 53260, then the amount paid to Employee shall be reduced in the amount necessary to comply with such statute. (For example, if termination occurs with two (2) months left in the term, severance would be equal to the monthly base salary multiplied by two (2)rather than the six(6)months provided in this Section.) 4.2 No Severance Pay if Termination for Cause or Initiated by Employee. As provided in Section 3.4(a), should Employee be terminated for cause, the City shall have no obligation to pay the severance provided for in Section 4.1 above. As provided in Section 3.3, should Employee initiate termination of this Agreement, the City shall have no obligation to pay the severance provided for in Section 4.1 above. 4.3 Sole Rights. The severance rights provided in this Section 4.0 shall constitute the sole and only entitlement of Employee with respect to severance pay in the event 5 01247.0004/752487.8 C.6.a Packet Pg. 33 At t a c h m e n t : K o n r a d B o l o w i c h - E m p l o y m e n t A g r e e m e n t - 2 0 2 1 - 3 4 ( A m e n d m e n t # 1 t o C i t y M a n a g e r E m p l o y m e n t A g r e e m e n t ) of the termination,other than for cause. Employee expressly waives any and all other rights with respect to severance pay except as provided herein. Any and all severance rights are conditioned upon and in consideration for execution of the standard "Agreement of Separation, Severance, and General Release" attached hereto in form only as Exhibit"C." 5.0 PERFORMANCE EVALUATIONS 5.1 Purpose. The performance review and evaluation process set forth herein is intended to provide review and feedback to Employee so as to facilitate a more effective management of the City. Nothing herein shall be deemed to alter or change the employment status of Employee (as set forth in Section 1.4 above), nor shall this Section 5.0 be construed as requiring "cause" to terminate this Agreement, or the services of Employee hereunder. 5.2 Annual Evaluation. The City Council shall conduct an initial performance evaluation in or prior to June 2022 to review and evaluate the performance of Employee. The City Council shall conduct another performance evaluation in or prior to June 2023 to review and evaluate the performance of Employee. Thereafter, the City Council shall review and evaluate the performance of Employee annually in or prior to June of each year. In addition, Employee shall submit for the City Council's consideration, no later than June 1 of each year of the term of this Agreement, Employee's proposed annual performance goals and objectives and incorporate the City Council's suggestions. 5.3 Written Summary. The City Council may, at its sole discretion, elect to provide a written summary of each performance evaluation to Employee within two (2) weeks following the conclusion of the review and evaluation process, and may, at its discretion, schedule at least one (1) closed personnel session with Employee to deliver and discuss the evaluation. 6.0 BENEFITS 6.1 Automobile Allowance. The City shall provide Employee an automobile allowance for the use of his personal automobile for official City business at the rate of Four Hundred Sixteen Dollars and Sixty Seven Cents ($416.67) per month (to equal $5,000 annually). The automobile allowance authorized by this Section shall constitute full compensation for any and all expenses related to the operation and maintenance of Employee's vehicle for City purposes. 6.2 Health, Dental, and Vision Insurance. The City shall provide to Employee a contribution to his health insurance premium in the amount of$1,416.67 per month to equal $17,000 annually), paid on a pro-rated basis the first two pay periods every month. The City currently contracts for major medical insurance through Ca1PERS. Dental and vision insurance premiums shall be paid by Employee. 6.3 Ca1PERS. The City believes Employee to be a "classic" member of Ca1PERS and accordingly he shall participate in the City's Second Tier Plan for Miscellaneous employees, which is the 2% at 60 formula. Such formula is subject to the following Ca1PERS 6 01247.0004/752487.8 C.6.a Packet Pg. 34 At t a c h m e n t : K o n r a d B o l o w i c h - E m p l o y m e n t A g r e e m e n t - 2 0 2 1 - 3 4 ( A m e n d m e n t # 1 t o C i t y M a n a g e r E m p l o y m e n t A g r e e m e n t ) contract provisions: (i) average monthly pay rate and special compensation for highest three (3) year period; (ii) fourth level of 1959 Survivors Program; (iii) sick leave credit; and (iv) military service credit as public service. The City shall pay the full employer Ca1PERS contribution. The employee contribution shall be paid by Employee. 6.4 Deferred Compensation. City agrees that Employee may, at his sole cost and expense, participate in City's 457 Deferred Compensation Program. 6.5 Vacation Leave. Employee shall accrue vacation leave according to the following schedule: Years of Hours accrued per pay service period 1 - 5 3.08 (to equal 80 hours annually) 6 - 10 4.62 hours (to equal 120 hours annually) 11 plus 6.15 hours (to equal 160 hours annually) Upon commencement of employment, Employee shall receive eighty (80) hours of accrued vacation leave in Employee's vacation leave bank. Vacation leave shall have an accrual cap of four hundred eighty (480) hours, after which accruals shall cease until total accrued vacation leave drops below the 480 hour accrual cap. Employee shall be subject to the same vacation leave usage rules that apply to City department heads, including applicable requirements of the City's Personnel Rules and Statement of Benefits. However, notwithstanding any language to the contrary, Employee shall be permitted to use accrued vacation leave upon commencement of employment. Upon Employee's separation from City service for any reason, the City shall compensate Employee for any accrued vacation leave remaining on the books. The value of accrued vacation leave shall be calculated using Employee's pay rate on the date of Employee's separation from City service. 6.6 Sick Leave. Employee shall accrue sick leave at the rate of 3.69 hours of sick leave for each pay period of service or major portion thereof. Employee may accrue a maximum of four hundred eighty (480) hours of sick leave hours. Upon commencement of employment, Employee shall receive eighty (80) hours of accrued sick leave in Employee's sick leave bank. 7 01247.0004/752487.8 C.6.a Packet Pg. 35 At t a c h m e n t : K o n r a d B o l o w i c h - E m p l o y m e n t A g r e e m e n t - 2 0 2 1 - 3 4 ( A m e n d m e n t # 1 t o C i t y M a n a g e r E m p l o y m e n t A g r e e m e n t ) After five (5) years of employment, upon separation from employment, other than termination for cause, Employee shall be compensated for 40% of all unused sick leave. In the event Employee separates from the City prior to five (5) years of employment or is terminated for cause at any time, Employee shall not be compensated for unused sick leave. The value of accrued sick leave shall be calculated using Employee's pay rate on the date of Employee's separation from City service. In the event Employee retires from the City, Employee shall be eligible to convert unused accrued sick leave to CalPERS service credit in accordance with CalPERS regulations and the City's CalPERS contract. Employee may use up to 3 days of accrued sick leave in any 12 month period as bereavement leave for the death of a family member. A family member is defined as a spouse/domestic partner, parent, sibling, child, grandchild, or grandparent of the employee or of the employee's spouse/domestic partner. Employee shall be subject to the same sick leave usage rules that apply to City department heads, including applicable requirements of the City's Personnel Rules and Statement of Benefits. 6.7 Management Leave. Employee shall accrue eighty (80) hours per calendar year of management leave as time off from work, instead of pay or compensatory leave credit for overtime work. Management leave shall accrue on January 1 of each year. Employee shall not accrue more than 80 hours of management leave. Employee shall be subject to the same management leave usage rules that apply to City department heads. Upon Employee's separation from City service for any reason, the City shall compensate Employee for any accrued management leave remaining on the books. The value of accrued management leave shall be calculated using Employee's pay rate on the date of Employee's separation from City service. 6.8 Holidays. Employee shall be entitled to the standard paid holidays provided to all City employees each year, as determined by the City Council. The City currently provides thirteen (13) paid holidays and two (2) floating holidays each year. Each floating holiday shall equal 8 hours. Employee shall be subject to the same floating holiday usage rules that apply to City department heads. The City shall compensate Employee for any floating holiday leave not taken for floating holidays occurring prior to his date of separation. 6. 9 Life, short-term disability, and long-term disability insurance. The City shall provide to Employee life insurance coverage in the amount of$200,000. Employee shall pay for the cost ofshort-term disability and long-term disability insurance at his own expense. 6.10 Cellular Telephone Allowance. Employee shall be provided a monthly cellular telephone allowance of One Hundred Dollars ($100.00) (to equal $1,200 annually) for reimbursement for the costs associated with the use of his personal cellular telephone service for business purposes. The City shall not be liable for any expenses beyond such allowance. The cellular telephone allowance provided pursuant to this Section shall be subject to the 8 01247.0004/752487.8 C.6.a Packet Pg. 36 At t a c h m e n t : K o n r a d B o l o w i c h - E m p l o y m e n t A g r e e m e n t - 2 0 2 1 - 3 4 ( A m e n d m e n t # 1 t o C i t y M a n a g e r E m p l o y m e n t A g r e e m e n t ) requirements of Section 24 of the Personnel Rules and Regulations, entitled "Electronic Equipment Use Policy." 7.0 PROFESSIONAL DEVELOPMENT 7.1 Membership. The City encourages Employee's continued professional development and shall provide payment of appropriate related costs for such activities, including membership in relevant professional organizations, as approved by the City Council. 7.2 Out-of-Town Meetings & Seminars. The City agrees to reimburse Employee the actual cost for registration, travel, lodging, meals, and other expenses incurred by Employee while attending overnight, out-of-town meetings or seminars related to his employment with the City, in accordance with the City's policies for expense reimbursement. Moreover, to be eligible Employee must have budgeted funds available for same; provided, however, that the City Council may, in its sole discretion, approve such unbudgeted expenditures if it deems it in the best interests of the City. 7.3 Local Meetings & Seminars. The City agrees to reimburse Employee the actual cost ofregistration, meals, and other expenses necessarily incurred while in attendance at local meetings or seminars related to his employment with City in accordance with the City's policies for expense reimbursement. 8.0 BONDS AND INDEMNIFICATION 8.1 Indemnification. To the extent mandated by the California Government Code, the City shall defend, hold harmless, and indemnify Employee against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in the performance of Employee's services under this Agreement. This section shall not apply to any intentional tort or crime committed by Employee, to any action outside the course and scope of the services provided by Employee under this Agreement, or any other intentional or malicious conduct or gross negligence of Employee. 8.2 Bonds. City shall bear the full cost of any fidelity or other bonds, which may be required in the performance of Employee's services under this Agreement. 9.0 GENERAL PROVISIONS 9.1 Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes any and all other agreements, either oral or in writing, between the parties with respect to Employee's employment by the City and contains all of the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either party, or anyone acting on behalf of either party, which are not embodied herein, and that no other agreement, statement or promises not contained in this Agreement shall be valid or binding upon either party. 9 01247.0004/752487.8 C.6.a Packet Pg. 37 At t a c h m e n t : K o n r a d B o l o w i c h - E m p l o y m e n t A g r e e m e n t - 2 0 2 1 - 3 4 ( A m e n d m e n t # 1 t o C i t y M a n a g e r E m p l o y m e n t A g r e e m e n t ) 9.2 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing, which amendment shall require approval by the affirmative vote of three(3)members of the Council. 9.3 Notices. Any notice required or permitted by this Agreement shall be in writing and shall be personally served or shall be sufficiently given when served upon the other party as sent by United States Postal Service,postage prepaid and addressed as follows: To City: To Employee: City of Grand Terrace Konrad Bolowich Attention: City Clerk On file with Human Resources Dept.] 22795 Barton Rd. Grand Terrace, CA 92313 Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service. 9.4 Conflicts Prohibited. During the term of this Agreement, Employee shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee's duties under this Agreement. Employee shall comply with all requirements of law, including but not limited to, Sections 87100 et seq., Section 1090 and Section 1125 of the Government Code, and all other similar statutory and administrative rules. Whenever any potential conflict arises or may appear to arise, the obligation shall be on Employee to seek legal advice concerning whether such conflict exists and Employee's obligations arising therefrom. 9.5 Effect of Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times. 9.6 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. 9.7 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the date of execution and delivery by each party hereto. 9.8 Mandatory Government Code Provisions. Government Code §§ 53243 - 53243.4 require that contracts between local agencies and its employees include provisions requiring an employee who is convicted of a crime involving an abuse of his office or position to provide reimbursement to the local agency for the following forms of payment: (i) paid leave salary; (ii) criminal defense costs; (iii) cash settlement payments; and (iv) any non-contractual settlement payments. Accordingly, the Parties agree that it is their mutual intent to fully comply with these Government Code sections and all other applicable law as it exists as of the date of 10 01247.0004/752487.8 C.6.a Packet Pg. 38 At t a c h m e n t : K o n r a d B o l o w i c h - E m p l o y m e n t A g r e e m e n t - 2 0 2 1 - 3 4 ( A m e n d m e n t # 1 t o C i t y M a n a g e r E m p l o y m e n t A g r e e m e n t ) execution of this Agreement and as such laws may be amended from time to time thereafter. Specifically, the following Government Code sections are called out and hereby incorporated by this Agreement: 53243. Reimbursement of paid leave salary required upon conviction of crime involving office or position. 53243.1. Reimbursement of legal criminal defense upon conviction of crime involving office or position. 53243.2. Reimbursement of cash settlement upon conviction of crime involving office or position. 53243.3. Reimbursement of noncontractual payments upon conviction or crime involving office or position. 53243.4. "Abuse of office or position" defined. Employee represents that Employee has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to Employee, including that Employee agrees that any cash settlement or severance related to a termination that Employee may receive from the City shall be fully reimbursed to the local agency if Employee is convicted of a crime involving an abuse of Employee's office or position. The Government Code provisions referenced in this section are attached hereto in Exhibit`B". 9.9 Independent Legal Advice. The City and Employee represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement, or had the opportunity to do so, and the City and Employee further represent and warrant that each has carefully reviewed this entire Agreement and that each and every term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the party or its representatives who drafted it or who drafted any portion thereof. IN WITNESS WHEREOF, the City of Grand Terrace has caused this Agreement to be signed and executed on its behalf by its Mayor, and duly attested by its officers thereunto duly authorized, and Employee has signed and executed this Agreement, all in triplicate. CITY OF GRAND TERRACE Darcy cN o ATTEST: ebra Thomas, City Clerk 11 01247.0004/752487.8 C.6.a Packet Pg. 39 At t a c h m e n t : K o n r a d B o l o w i c h - E m p l o y m e n t A g r e e m e n t - 2 0 2 1 - 3 4 ( A m e n d m e n t # 1 t o C i t y M a n a g e r E m p l o y m e n t A g r e e m e n t ) APPROVED AS TO FORM: Adrian Guerra, City Attorney EMPLOYEE Konrad Bolowich 12 01247.0004/752487.8 C.6.a Packet Pg. 40 At t a c h m e n t : K o n r a d B o l o w i c h - E m p l o y m e n t A g r e e m e n t - 2 0 2 1 - 3 4 ( A m e n d m e n t # 1 t o C i t y M a n a g e r E m p l o y m e n t A g r e e m e n t ) EXHIBIT "A" City Manager Job Description GENERAL PURPOSE: Under general direction of the City Council, serves as the City's Chief Executive Officer and oversees and guides the activities of all City departments, programs, services and functions to ensure that the City's goals and objectives are achieved; provides the City Council with accurate and timely information to support decision-making and policy direction and to implement all policy set by the City Council; provides overall daily administration, decision-making and policy guidance with the City Council and staff, serves as the Executive Director of the Successor Agency, Housing Authority, and Public Financing Authority; oversees the City's budget and capital improvement plans; provides effective professional leadership and recommends organizational enhancements to meet the City's current and future needs; and performs other related duties as assigned. DISTINGUISHING CHARACTERISTICS: The City Manager provides overall direction to all staff positions through department directors, managers, and assigned administrative staff. The scope of responsibility, decision-making, direct and indirect supervision, and budgetary authority are significantly greater than for any other City staff position. ESSENTIAL FUNCTIONS: The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar,related, or a logical assignment to the class. 1. Directs and manages the operations of the City: provides direction to all City departments and functions falling under the authority of the City Manager; supervises all subordinate department heads and staff; hires, trains, evaluates performance, and disciplines senior management personnel and oversees this process for all City employees through subordinate managers; serves as the Personnel Officer; establishes policies and procedures for the overall City functions; oversees and participates in the resolution of inquiries and complaints from the public and other organizations; and establishes, monitors and evaluates progress towards goals and objectives of the administration; trains personnel on mission, vision, and values. 2. Serves as a liaison between City staff, the Mayor, and the City Council: attends all meetings of the City Council; briefs Council Members on pending agenda items and other City issues; responds to inquiries and provides Council Members with information on the status of City operations and projects; provides analysis as needed to assist the Council to make informed policy decisions; and provides support to the Mayor and Council Members as needed. 01247.0004n52487.8 C.6.a Packet Pg. 41 At t a c h m e n t : K o n r a d B o l o w i c h - E m p l o y m e n t A g r e e m e n t - 2 0 2 1 - 3 4 ( A m e n d m e n t # 1 t o C i t y M a n a g e r E m p l o y m e n t A g r e e m e n t ) 3. Assists the Mayor and City Council with strategic and long-range planning and goals for the City: participates in planning efforts at the local and regional level; keeps City Council apprised of developments at the state and federal level that impact the City; monitors pending legislation for impact on the City; oversee compliance with new legislation 4. Represents the Mayor, City Council, and the City at various meetings, functions, and events: serves as a liaison to various civic or governmental organizations and committees, taskforces, boards, and commissions; confers regularly with officials from the municipalities, school board, chamber of commerce, authorities, and commissions; provides information about City operations; participates in discussions and decisions; and keeps the City Council apprised of activities. 5. Performs financial and managerial analyses for the Mayor and City Council pertaining to City operations and programs under consideration: gathers information relevant to topic; evaluates data and makes recommendations based on findings; and makes presentations to the City Council and other interested parties. 6. Serves as a liaison between the Mayor and Council and department heads, keeping the Mayor and Council apprised on departmental activities; assists departments with resolution of problems requiring the attention of City management; monitors and evaluates progress of departments towards the goals and objectives of the administration. 7. Facilitates problem solving at all levels in the organization: works with department heads and senior management to ensure effective coordination and cooperation among departments; coordinates the continuous review of interdepartmental processes for quality control and improvement; responds to inquiries from the public regarding issues unresolved at the departmental level. 8. Attends all meetings of the City Council; briefs Council Members on pending agenda items and other City issues; recommends City Council action on ordinances, resolutions, contracts and other matters as appropriate. 9. Develops,recommends, administers, interprets and enforces policies and procedures. 10. Directs and participates in the preparation of a wide variety of studies, reports, contracts, agreements, agenda letters, correspondence, resolutions and ordinances. 11. Oversees development of City Annual Budget in coordination with Finance Department and City departments and present proposed budget for City Council review, consideration, and approval. 12. Prepares for and leads weekly Executive Team meetings; serves as a liaison to various civic or governmental organizations and committees, taskforces, boards, and commissions. 2 01247.0004/752487.8 C.6.a Packet Pg. 42 At t a c h m e n t : K o n r a d B o l o w i c h - E m p l o y m e n t A g r e e m e n t - 2 0 2 1 - 3 4 ( A m e n d m e n t # 1 t o C i t y M a n a g e r E m p l o y m e n t A g r e e m e n t ) QUALIFICATIONS AND GUIDELINES: Knowledge of: Leadership and management theory and practices; municipal government organization, administration, and operations, including principles, practices, and methods used in local government administration; organizational and management practices related to the analysis and evaluation of City programs, policies, and operational needs; public sector personnel administration and labor relations practices; municipal budgeting and capital improvement programs; current community and social, political, and economic trends and problems affecting local government; applicable federal, State and local laws, codes and ordinances, and rules and regulations regarding local government affairs; Government, Council, and local and State legislative processes; negotiations and conflict resolution techniques; goal setting and workload and performance indicators; principles of effective community and public relations in working with City Council, civic and business groups,media, and the general public; marketing and economic development; program development, public policy, and project management; employee development, management, motivation, supervision, training, performance appraisal, and discipline. Ability to: Manage and direct City-wide goals, objectives, policies, procedures, work standards, and internal controls; provide leadership and plan and administer a balanced budget; select, motivate, supervise, and evaluate executive team and staff and plan, organize, direct, and coordinate, and delegate work; articulate and respond to sensitive community, organizational, and City Council issues, concerns, and needs; prepare clear, concise, and comprehensive administrative, financial, and technical reports; evaluate public policy, management and operational issues and recommend appropriate actions; think logically, appraise situations logically, interpret federal, State and local policies, laws and regulations, and policy issues, in determining appropriate actions; exercise tact and diplomacy in resolving conflict in a fair and amicable manner; communicate effectively, both orally and in writing; establish, cultivate, and maintain effective working relationships with City Council, department directors, officials, citizen groups and business representatives, vendors, contractors, consultants, and the general public and make effective public presentations. 3 01247.0004/752487.8 C.6.a Packet Pg. 43 At t a c h m e n t : K o n r a d B o l o w i c h - E m p l o y m e n t A g r e e m e n t - 2 0 2 1 - 3 4 ( A m e n d m e n t # 1 t o C i t y M a n a g e r E m p l o y m e n t A g r e e m e n t ) Education/Training/Experience: Bachelor's degree from an accredited four-year college or university with a major in Public Administration, Public Policy, Finance, or a related field is required. A Master's degree in Public Administration, Finance, or a related field is highly desirable. Ten years of responsible management, supervisory, and administrative experience related to local government management, including planning, organization, leadership, and implementation of varied interdepartmental programs and services, including two years of experience as an Assistant City Manager and four years of experience as a major department head. Licenses; Certificates; Special Requirements: Valid Class C California driver's license, acceptable driving record, and proof ofinsurance in compliance with the City's Vehicle Insurance Policy standards. Ability to work extended hours in order to attend meetings, conferences, events, and other functions on behalf of the City, including evening and weekend hours. In accordance with California Government Code Section 3100, City of Grand Terrace employees, in the event of a disaster, are considered disaster service workers and may be asked to protect the health, safety, lives, and property of the people of the State. PHYSICAL AND MENTAL DEMANDS The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Physical Demands While performing the duties of this class, the employee is constantly required to sit, and occasionally to stand and walk. Finger dexterity and light grasping is required to handle, feel, or operate computer hardware and standard office equipment; and reach with hands and arms above and below shoulder level. The employee occasionally bends, stoops, lifts, and carries records and documents, typically weighing less than 25 pounds. Sensory demands include the ability to see, talk, and hear, and use electronic touch keypads. Mental Demands While performing the duties of this class, the employee is regularly required to use oral and written communication skills; read and interpret data; thoroughly analyze and solve problems; exercise sound judgment in the absence of specific guidelines; use math and mathematical reasoning; establish priorities and work on multiple assignments and projects concurrently; meet intense and changing deadlines given interruptions; and interact appropriately with staff, 4 01247.0004/752487.8 C.6.a Packet Pg. 44 At t a c h m e n t : K o n r a d B o l o w i c h - E m p l o y m e n t A g r e e m e n t - 2 0 2 1 - 3 4 ( A m e n d m e n t # 1 t o C i t y M a n a g e r E m p l o y m e n t A g r e e m e n t ) management, City Council, commissioners, and other officials, media, as well as contractors, community groups, other public agencies, vendors, consultants, contractors, public and private representatives, and others in the course of work, including resolving conflict situations. WORK ENVIRONMENT The employee frequently works in an office environment with controlled temperature settings. The noise level is moderate,typically below 70 decibels. The employee occasionally drives in traffic to deliver documents and attend meetings and workshops. 5 01247.0004/752487.8 C.6.a Packet Pg. 45 At t a c h m e n t : K o n r a d B o l o w i c h - E m p l o y m e n t A g r e e m e n t - 2 0 2 1 - 3 4 ( A m e n d m e n t # 1 t o C i t y M a n a g e r E m p l o y m e n t A g r e e m e n t ) EXHIBIT"B" GOVERNMENT CODE SECTION 53243-53243.4 53243. On or after January 1,2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides paid leave salary offered by the local agency to the officer or employee pending an investigation shall require that any salary provided for that purpose be fully reimbursed if the officer or employee is convicted of a crime involving an abuse of his or her office or position. 53243.1. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides funds for the legal criminal defense of an officer or employee shall require that any funds provided for that purpose be fully reimbursed to the local agency ifthe officer or employee is convicted of a crime involving an abuse of his or her office or position. 53243.2. On or after January 1, 2012, any contract of employment between an employee and a local agency employer shall include a provision which provides that,regardless ofthe term of the contract, if the contract is terminated, any cash settlement related to the termination that an employee may receive from the local agency shall be fully reimbursed to the local agency if the employee is convicted of a crime involving an abuse of his or her office or position. 53243.3. On or after January 1, 2012, if a local agency provides, in the absence of a contractual obligation, for any ofthe payments described in this article,then the employee or officer receiving any payments provided for those purposes shall fully reimburse the local agency that provided those payments in the event that the employee or officer is convicted of a crime involving the abuse ofhis or her office or position. 53243.4. For purposes of this article, "abuse of office or position" means either of the following: a) An abuse of public authority,including,but not limited to,waste, fraud, and violation of the law under color ofauthority. b) A crime against public justice, including,but not limited to, a crime described in Title 5 (commencing with Section 67),Title 6(commencing with Section 85),or Title 7 commencing with Section 92)of Part 1 of the Penal Code. 01247.0004n52487.8 C.6.a Packet Pg. 46 At t a c h m e n t : K o n r a d B o l o w i c h - E m p l o y m e n t A g r e e m e n t - 2 0 2 1 - 3 4 ( A m e n d m e n t # 1 t o C i t y M a n a g e r E m p l o y m e n t A g r e e m e n t ) EXHIBIT "C" AGREEMENT OF SEPARATION,SEVERANCE,AND GENERAL RELEASE 1. PARTIES This Agreement of Separation, Severance, and General Release (hereinafter referred to as the"AGREEMENT") is entered into by and between the City of Grand Terrace, a general law city and municipal corporation (hereinafter referred to as "THE CITY"), and Konrad Bolowich, an individual(hereinafter referred to as"EMPLOYEE"). 2. RECITALS 2.1. EMPLOYEE was hired by THE CITY as an at-will City Manager effective serving at the pleasure of the City Council of THE CITY pursuant to a written contract, a copy of which is attached hereto as Exhibit"A"("THE CONTRACT"). EMPLOYEE is currently_years old. 2.2. THE CITY and EMPLOYEE desire that EMPLOYEE resign and enter into a severance agreement whereby EMPLOYEE receives severance compensation in exchange for executing a general release and waiver of any and all claims that EMPLOYEE may have against THE CITY, including but not limited to its elected and non-elected officials, employees, attorneys, and agents. Accordingly,the parties hereto intend by this AGREEMENT to mutually conclude any and all employment relationships between THE CITY and EMPLOYEE by means of EMPLOYEE's voluntary separation as of This AGREEMENT sets forth the full and complete terms and conditions concluding EMPLOYEE's employment relationship with the CITY and any obligations related thereto,including any provided under THE CONTRACT. 2.3 In accordance with this AGREEMENT and with applicable state and federal laws, EMPLOYEE acknowledges that EMPLOYEE has been advised of EMPLOYEE's post- employment rights, including but not limited to, EMPLOYEE's rights under the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA"), the Employee Retirement Income Security Act of 1974 ("BRISX), and the Health Insurance Portability and Accountability Act of 1996("HIPAA"). 3. CONSIDERATION 3.1 EMPLOYEE shall receive payment to him at the time of his voluntary separation all earned salary, accrued fringe benefits as detailed in THE CONTRACT, and/or all other wage compensation/benefits owed to EMPLOYEE upon separation of employment, as required by law or THE CONTRACT or any other agreement with THE CITY. 3.2. In exchange for the waivers and releases set forth herein, THE CITY shall also cause to be paid to EMPLOYEE an additional compensatory payment by means of severance, settlement and release in the form of a lump sum amount of and cents ($ 00), as set forth in THE CONTRACT in the form of a check made payable to EMPLOYEE to be mailed to EMPLOYEE at EMPLOYEE's home address via certified mail return receipt requested within thirty (30) business days after the EFFECTIVE DATE (as defined below) of this AGREEMENT. 01247.0004/752487.8 C.6.a Packet Pg. 47 At t a c h m e n t : K o n r a d B o l o w i c h - E m p l o y m e n t A g r e e m e n t - 2 0 2 1 - 3 4 ( A m e n d m e n t # 1 t o C i t y M a n a g e r E m p l o y m e n t A g r e e m e n t ) 3. 3 In exchange for the severance payment provided for herein, EMPLOYEE, and on behalf of EMPLOYEE's spouse, heirs, representatives, successors, and assigns, hereby releases, acquits, and forever discharges THE CITY, and each of its predecessors, successors, assigns, officials, employees,representatives, agents, insurers, attorneys, and all persons and entities acting by, through, under, or in concert with any of them, and each of them (hereinafter referred to as "THE CITY PARTIES"), from any and all claims, charges, complaints, contracts, understandings, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected, which EMPLOYEE now has or may acquire in the future,or which EMPLOYEE ever had,relating to or arising out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred or was in effect at anytime from the beginning of time up to and including hereinafter referred to collectively as "CLAIMS'), without regard to whether such CLAIMS arise under the federal, state, or local constitutions, statutes, rules or regulations, or the common law. EMPLOYEE expressly acknowledges that the CLAIMS forever barred by this AGREEMENT specifically include, but are not limited to, claims based upon any alleged breach of THE CONTRACT or any other agreement of employment, any demand for wages, overtime or benefits, any claims ofviolation of the provisions of ERISA, COBRA or HIPAA, any alleged breach of any duty arising out of contract or tort, any alleged wrongful termination in violation of public policy, any alleged breach of any express or implied contract for continued employment, any alleged employment discrimination or unlawful discriminatory act, or any claim or cause of action including,but not limited to, any and all claims whether arising under any federal, state or local law prohibiting breach of employment contract, wrongful termination, or employment discrimination based upon age, race, color, sex, religion, handicap or disability, national origin or any other protected category or characteristic, and any and all rights or claims arising under the California Labor Code or Industrial Welfare Commission Wage Orders,the Federal Fair Labor Standards Act, the California Fair Employment and Housing Act, California Government Code §§ 12900 et seq., the Americans With Disabilities Act, Title VII of the Civil Rights Act of 1964, the Public Safety Officers Procedural Bill of Right Act, and any other federal, state,or local human rights,civil rights, or employment discrimination or employee rights statute,rule,or regulation. 4. SPECIFIC ACKNOWLEDGMENT OF WAIVER OF CLAIMS UNDER ADEA AND OWBPA The Age Discrimination in Employment Act of 1967 (hereinafter referred to as the ADEA") makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual's employment on the basis that the individual is age forty (40) or older. The Older Workers Benefit Protection Act (hereinafter referred to as the "OWBPA," 29 U.S.C. § 626, et seq., Pub L 101-433, 104 Stat. 978 (1990)) further augments the ADEA and prohibits the waiver of any right or claim under the ADEA, unless the waiver is knowing and voluntary. By entering into this AGREEMENT, EMPLOYEE acknowledges that he knowingly and voluntarily, for just compensation in addition to anything of value to which EMPLOYEE was already entitled, waives and releases any rights he may have under the ADEA and/or OWBPA. EMPLOYEE further acknowledges that he has been advised and understands,pursuant to the provisions of the ADEA and OWBPA,that: 2 01247.0004/752487.8 C.6.a Packet Pg. 48 At t a c h m e n t : K o n r a d B o l o w i c h - E m p l o y m e n t A g r e e m e n t - 2 0 2 1 - 3 4 ( A m e n d m e n t # 1 t o C i t y M a n a g e r E m p l o y m e n t A g r e e m e n t ) a) This waiver/release is written in a manner understood by EMPLOYEE; b) EMPLOYEE is aware of, and/or has been advised of, his rights under the ADEA and OWBPA, and of the legal significance of his waiver of any possible claims he currently may have under the ADEA, OWBPA and/or similar age discrimination laws; c) EMPLOYEE is entitled to a reasonable time of at least twenty-one (21) days within which to review and consider this AGREEMENT and the waiver and release of any rights he may have under the ADEA, the OWBPA and similar age discrimination laws; but may, in the exercise of his own discretion, sign or reject this AGREEMENT at any time before the expiration of the twenty-one(21) days; d) The waivers and releases set forth in this AGREEMENT shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the EFFECTIVE DATE of this AGREEMENT; e) EMPLOYEE has been advised by this writing that he should consult with an attorney prior to executing this AGREEMENT; f) EMPLOYEE has discussed this waiver and release with, and been advised with respect thereto by his counsel of choice, and that he does not need any additional time within which to review and consider this AGREEMENT; g) EMPLOYEE has seven (7) days following his execution of this AGREEMENT to revoke the AGREEMENT; h) Notice of revocation within the seven (7) day revocation period must be provided, in writing, to THE CITY pursuant to Paragraph 8.9 herein, and must state, "I hereby revoke my acceptance of our Agreement of Severance and General Release;"and i) This AGREEMENT shall not be effective until all parties have signed the AGREEMENT and ten (10) days have passed since EMPLOYEE's execution ("EFFECTIVE DATE"). 5. UNKNOWN CLAIMS In relation to the release provisions of Paragraphs 3 and 4 above, EMPLOYEE understands that California Civil Code section 1542 reads as follows: General Release--Claims Extin iugushed" A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." EMPLOYEE hereby waives the protection of California Civil Code section 1542. 3 01247.0004/752487.8 C.6.a Packet Pg. 49 At t a c h m e n t : K o n r a d B o l o w i c h - E m p l o y m e n t A g r e e m e n t - 2 0 2 1 - 3 4 ( A m e n d m e n t # 1 t o C i t y M a n a g e r E m p l o y m e n t A g r e e m e n t ) 6. WAIVER OF ADDITIONAL CLAIMS EMPLOYEE hereby waives any provisions of state or federal law that might require a more detailed specification of the claims being released pursuant to the provisions of Paragraphs 3,4, and 5 above. 7. REPRESENTATIONS AND WARRANTIES Each of the parties to this AGREEMENT represents and warrants to, and agrees with, each other party as follows: 7.1. Advice of Counsel: The parties hereto have received independent legal advice from their respective attorneys concerning the advisability of entering into and executing this AGREEMENT or have been given the opportunity to obtain such advice. The parties acknowledge that they have been represented by counsel of their own choice in the negotiation of this AGREEMENT, that they have read this AGREEMENT; that they have had this AGREEMENT fully explained to them by such counsel, or have had such opportunity to do so and that they are fully aware ofthe contents ofthis AGREEMENT and ofits legal effect. 7.2. No Fraud in Inducement: No party (nor any officer, agent, employee, representative, or attorney of or for any party)has made any statement or representation or failed to make any statement or representation to any other party regarding any fact relied upon in entering into this AGREEMENT, and neither party relies upon any statement, representation, omission or promise of any other party in executing this AGREEMENT, or in making the settlement provided for herein,except as expressly stated in this AGREEMENT. 7.3. Independent Investigation: Each party to this AGREEMENT has made such investigation of the facts pertaining to this settlement and this AGREEMENT and all the matters pertaining thereto, as it deems necessary. 7.4. Mistake Waived: In entering into this AGREEMENT, each party assumes the risk of any misrepresentation, concealment or mistake. If any party should subsequently discover that any fact relied upon by it in entering into this AGREEMENT was untrue, or that any fact was concealed from it, or that its understanding of the facts or of the law was incorrect, such party shall not be entitled to any relief in connection therewith, including without limitation on the generality of the foregoing any alleged right or claim to set aside or rescind this AGREEMENT. This AGREEMENT is intended to be, and is, final and binding between the parties, regardless of any claims of misrepresentation, promise made without the intent to perform, concealment of fact, mistake of fact or law,or any other circumstance whatsoever. 7.5. Later Discovery: The parries are aware that they may hereafter discover claims or facts in addition to or different from those they now know or believe to be true with respect to the matters related herein. Nevertheless,it is the intention ofthe parties that EMPLOYEE fully, finally and forever settle and release all such matters, and all claims relative thereto, which do now exist, may exist or have previously existed against THE CITY or THE CITY PARTIES. In furtherance of such intention, the releases given here shall be, and remain, in effect as full and complete releases of all such matters, notwithstanding the discovery or existence of any additional or different claims or facts relative thereto. 4 01247.0004/752487.8 C.6.a Packet Pg. 50 At t a c h m e n t : K o n r a d B o l o w i c h - E m p l o y m e n t A g r e e m e n t - 2 0 2 1 - 3 4 ( A m e n d m e n t # 1 t o C i t y M a n a g e r E m p l o y m e n t A g r e e m e n t ) 7.6. Indemnification: EMPLOYEE agrees to indemnify and hold harmless THE CITY or THE CITY PARTIES from, and against, any and all claims, damages, or liabilities sustained by them as a direct result of the violation or breach of the covenants, warranties, and representations undertaken pursuant to the provisions of this AGREEMENT. EMPLOYEE understands and agrees that he shall be exclusively liable for the payment ofall taxes for which he is responsible, if any, as a result of his receipt of the consideration referred to in Paragraph 3 of this AGREEMENT. In addition, EMPLOYEE agrees fully to indemnify and hold the CITY PARTIES harmless for payment of tax obligations as may be required by any federal, state or local taxing authority, at any time, as a result of the payment of the consideration set forth in Paragraph 3 of this AGREEMENT. 7.7. Future Cooperation & Consultation fees: EMPLOYEE shall execute all such further and additional documents as shall be reasonable, convenient, necessary or desirable to carry out the provisions of this AGREEMENT. EMPLOYEE shall provide THE CITY with consultation services(including deposition or trial testimony)in any litigation involving THE CITY which is reasonably related to acts or occurrences transpiring during his employment. Said services shall be provided as needed by THE CITY at a rate of$100.00 per hour. 7.8. Return of Confidential Information and Property: Prior to the separation date, EMPLOYEE shall submit a written inventory of, and return to the City Clerk, all City keys, equipment, computer identification cards or codes, and other equipment or materials or confidential documents provided to or obtained by EMPLOYEE during the course of his employment with THE CITY. 7.9 No Pending Claims and/or Actions: EMPLOYEE represents that he has not filed any complaints or charges against THE CITY or THE CITY PARTIES with any local, state or federal agency or court; that he will not do so at any time hereafter for any claim arising up to and including the EFFECTIVE DATE of this AGREEMENT; and that if any such agency or court assumes jurisdiction of any such complaint or charge against THE CITY or THE CITY PARTIES on behalf of EMPLOYEE, whenever or where ever filed, he will request such agency or court to withdraw from the matter forthwith. 7.10. Ownership of Claims: EMPLOYEE represents and warrants as a material term of this AGREEMENT that EMPLOYEE has not heretofore assigned, transferred, released or granted, or purported to assign, transfer, release or grant, any of the CLAIMS disposed of by this AGREEMENT. In executing this AGREEMENT, EMPLOYEE further warrants and represents that none of the CLAIMS released by EMPLOYEE thereunder will in the future be assigned, conveyed,or transferred in any fashion to any other person and/or entity. 7.11 Enforcement Fees and Costs: Should any legal action be required to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys' fees and costs in addition to any other relief to which that party may be entitled. 7.12 Authority: Each party represents to the other that it has the right to enter into this AGREEMENT, and that it is not violating the terms or conditions of any other AGREEMENT to which they are a party or by which they are bound by entering into this AGREEMENT. The parties represent that they will obtain all necessary approvals to execute this AGREEMENT. It is further represented and agreed that the individuals signing this AGREEMENT on behalf of the 5 01247.0004/752487.8 C.6.a Packet Pg. 51 At t a c h m e n t : K o n r a d B o l o w i c h - E m p l o y m e n t A g r e e m e n t - 2 0 2 1 - 3 4 ( A m e n d m e n t # 1 t o C i t y M a n a g e r E m p l o y m e n t A g r e e m e n t ) respective parties have actual authority to execute this AGREEMENT and, by doing so, bind the party on whose behalf this AGREEMENT has been signed. 8. MISCELLANEOUS 8.1. No Admission: Nothing contained herein shall be construed as an admission by THE CITY of any liability of any kind. THE CITY denies any liability in connection with any claim and intends hereby solely to avoid potential claims and/or litigation and buy its peace. 8.2. Governing Law: This AGREEMENT has been executed and delivered within the State of California, and the rights and obligations of the parties shall be construed and enforced in accordance with, and governed by,the laws of the State of California. 8.3. Full Integration: This AGREEMENT is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. This AGREEMENT may be amended only by a further agreement in writing, signed by the parties hereto. 8.4. Continuing Benefit: This AGREEMENT is binding upon and shall inure to the benefit of the parties hereto, their respective agents, spouses, employees, representatives, officials,attorneys,assigns,heirs, and successors in interest. 8.5. Joint Draftin>;: Each party agrees that it has cooperated in the drafting and preparation of this AGREEMENT. Hence, in any construction to be made of this AGREEMENT, the parties agree that same shall not be construed against any party. 8.6. Severability: In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition,provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect. 8.7. Titles: The titles included in this AGREEMENT are for reference only and are not part of its terms,nor do they in any way modify the terms of this AGREEMENT. 8.8. Counterparts: This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT,which shall be binding upon and effective as to all parties. 8.9. Notice: Any and all notices given to any party under this AGREEMENT shall be given as provided in this paragraph. All notices given to either party shall be made by certified or registered United States mail, or personal delivery, at the noticing party's discretion, and addressed to the parties as set forth below. Notices shall be deemed, for all purposes, to have been given on the date of personal service or three (3) consecutive calendar days following deposit of the same in the United States mail. 6 01247.0004/752487.8 C.6.a Packet Pg. 52 At t a c h m e n t : K o n r a d B o l o w i c h - E m p l o y m e n t A g r e e m e n t - 2 0 2 1 - 3 4 ( A m e n d m e n t # 1 t o C i t y M a n a g e r E m p l o y m e n t A g r e e m e n t ) As to EMPLOYEE: At EMPLOYEE's home address on file with THE CITY. As to THE CITY: City ofGrand Terrace Attention: City Clerk 22795 Barton Rd. Grand Terrace, CA 92313 IN WITNESS WHEREOF, THE CITY has caused this AGREEMENT to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, EMPLOYEE has signed and executed this Agreement, and the attorneys for THE CITY and EMPLOYEE, if any, have approved as to form as of the dates written below. DATED: EMPLOYEE By: KONRAD BOLOWICH THE CITY DATED: By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: By: City Attorney EMPLOYEE's LAW FIRM] By: Counsel] 7 01247.0004/752487.8 C.6.a Packet Pg. 53 At t a c h m e n t : K o n r a d B o l o w i c h - E m p l o y m e n t A g r e e m e n t - 2 0 2 1 - 3 4 ( A m e n d m e n t # 1 t o C i t y M a n a g e r E m p l o y m e n t A g r e e m e n t ) 01247.0004/808448.2 -1- FIRST AMENDMENT TO CITY OF GRAND TERRACE CITY MANAGER EMPLOYMENT AGREEMENT This FIRST AMENDMENT TO CITY OF GRAND TERRACE CITY MANAGER EMPLOYMENT AGREEMENT (the “First Amendment”) is made and entered into August 9, 2022, by and between the CITY OF GRAND TERRACE, a general law city and municipal corporation (the “City”) and KONRAD BOLOWICH, an individual (“Employee”). R E C I T A L S WHEREAS, Employee commenced services as the City Manager of the City effective January 3, 2022 pursuant to the City of Grand Terrace City Manager Employment Agreement (the “Agreement”) between Employee and the City Council of the City (the “City Council”); and WHEREAS, Section 2.2 of the Agreement provides that following the June 2022 performance evaluation and salary review, Employee would be eligible for a base salary adjustment; and WHEREAS, Section 9.2 of the Agreement provides that it “may be amended at any time by the mutual consent of the parties by an instrument in writing, which amendment shall require approval by the affirmative vote of three (3) members of the Council[;]” and WHEREAS, the City Council recently conducted a performance review of Employee and now desires to provide to Employee a base salary adjustment of two percent (2%) to be effective July 1, 2022; and WHEREAS, Employee desires to accept and agrees to these employment terms from the City as set forth in this First Amendment. NOW, THEREFORE, in consideration of the mutual covenants contained herein, City and Employee hereby agree as follows: AGREEMENT SECTION 1. The above recitals are incorporated by reference as if set forth in full herein. SECTION 2. Section 2.1 of the Agreement is revised to read, in its entirety, as follows (added language in bold italics): “For the services rendered pursuant to this Agreement, Employee’s initial base compensation shall be Two Hundred Eleven Thousand Two Hundred Dollars and No Cents ($211,200.00) annually (“Salary”), which shall be paid on a pro-rated basis bi-weekly at the same time as other employees of the City are paid. Such Salary shall be adjusted for payroll taxes, workers’ compensation, and other payroll-related liability costs as determined by the City. The City shall not reduce Employee’s Salary, unless as part of a C.6.b Packet Pg. 54 At t a c h m e n t : ( G T ) F i r s t A m e n d m e n t t o t h e C i t y M a n a g e r E m p l o y m e n t A g r e e m e n t ( A m e n d m e n t # 1 t o C i t y M a n a g e r E m p l o y m e n t A g r e e m e n t ) 01247.0004/808448.2 -2- general City management salary reduction, and then in no greater percentage than the average reduction of all City department heads. Effective July 1, 2022 Employee’s Salary shall be increased by two percent (2.0%) to a total annual salary $215,424. SECTION 3. Except as expressly amended by this First Amendment, the underlying terms, conditions, and compensation of Employee by City as and for his employment as city manager shall be as set forth in the Agreement. IN WITNESS WHEREOF, the CITY OF GRAND TERRACE has caused this First Amendment to be signed and executed on its behalf by its Mayor, and duly attested by its officers thereunto duly authorized, and EMPLOYEE has signed and executed this First Amendment, all in triplicate. [SIGNATURES ON FOLLOWING PAGE] C.6.b Packet Pg. 55 At t a c h m e n t : ( G T ) F i r s t A m e n d m e n t t o t h e C i t y M a n a g e r E m p l o y m e n t A g r e e m e n t ( A m e n d m e n t # 1 t o C i t y M a n a g e r E m p l o y m e n t A g r e e m e n t ) 01247.0004/808448.2 -3- CITY OF GRAND TERRACE _____________________________ ATTEST: Darcy McNaboe, Mayor __________________________________ Debra L. Thomas, City Clerk APPROVED AS TO FORM: __________________________________ Adrian Guerra, City Attorney EMPLOYEE ______________________________ Konrad Bolowich Dated:_________________________ [END OF SIGNATURES] C.6.b Packet Pg. 56 At t a c h m e n t : ( G T ) F i r s t A m e n d m e n t t o t h e C i t y M a n a g e r E m p l o y m e n t A g r e e m e n t ( A m e n d m e n t # 1 t o C i t y M a n a g e r E m p l o y m e n t A g r e e m e n t ) 01247.0004/808449.1 RESOLUTION NO. 2022-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE APPROVING THE FIRST AMENDMENT TO THE CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN THE CITY OF GRAND TERRACE AND KONRAD BOLOWICH WHEREAS, Konrad Bolowich (“Employee”) commenced services as the City Manager of the City effective January 3, 2022 pursuant to the City of Grand Terrace City Manager Employment Agreement (the “Agreement”) between Employee and the City Council of the City (the “City Council”); and WHEREAS, the City Council now desires to approve the First Amendment to the Agreement (“First Amendment”), a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace, as follows: Section 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference. Section 2. The First Amendment to the City Manager Employment Agreement between the City of Grand Terrace and Konrad Bolowich, a copy of which is attached hereto, is hereby approved. Section 3. The Mayor is authorized to execute the First Amendment on behalf of the City subject to City Attorney approval as to form. Section 4. This Resolution shall immediately take effect upon passage. PASSED, APPROVED and ORDERED by the City Council of the City of Grand Terrace, California at a regular meeting held on the 9th day of August, 2022. Darcy McNaboe Mayor ATTEST: ________________________________ Debra Thomas City Clerk APPROVED AS TO FORM: Adrian R. Guerra City Attorney C.6.c Packet Pg. 57 At t a c h m e n t : ( G T ) R e s o l u t i o n - F i r s t A m e n d m e n t t o C M A g r e e m e n t ( A m e n d m e n t # 1 t o C i t y M a n a g e r E m p l o y m e n t A g r e e m e n t ) AGENDA REPORT MEETING DATE: August 9, 2022 Council Item TITLE: Award of Contract for Landscape Maintenance Services PRESENTED BY: Shanita Tillman, Management Analyst RECOMMENDATION: 1. Award a Contractor Agreement to EZ Sunnyday for Landscape Maintenance Services for $66,520 annually for five years with a term expiring on June 30, 2027. 2. Authorize City Manager to execute the Contract and any necessary amendments for this contract 2030 VISION STATEMENT: This staff report supports Goal #2 "Maintain Public Safety" by maintaining existing citywide landscaping. BACKGROUND: On March 14, 2017, City Council approved a landscape maintenance agreement with EZ Sunnyday Landscape to maintain citywide landscaping. DISCUSSION: On June 14, 2022, the Management Analyst issued a Notice Inviting Informal Bids for Landscape Maintenance Services. The notice was posted to the City website and sent directly to a bidder's list containing 12 contractors. By the time of bid opening on July 6, 2022, one bid was submitted. EZ Sunnyday Landscape was the lowest, responsive bidder. The firm's contractor's license is valid, and all references provided positive feedback. The scope of work includes full-service maintenance of planters, ground cover, shrubs, mowing, weed eating, and weed abatement on City owned property throughout the City. Staff is recommending that Council award a Contractor Agreement to EZ Sunnyday Landscape for citywide landscape maintenance services in an amount not to exceed $66,520 annually for five years with no extensions and authorize the City Manager to execute the contract and any necessary amendments. FISCAL IMPACT: There are sufficient funds available to cover the citywide landscape maintenance cost listed in the table below: C.7 Packet Pg. 58 Fund Name Account Account Description Budgeted Amount Requested Amount General Fund (10) 10-195-245-000 Facilities Maintenance $40,000 $2,500 General Fund (10) 10-450-245-000 Parks Maintenance $72,800 $48,680 General Fund (10) 10-631-255-000 Storm Drain Maintenance $4,000 $3,380 Lndscp & Lgtg Assessment (26) 26-600-255-000 Zone 1 - Canal $2,000 $1,800 Lndscp & Lgtg Assessment (26) 26-601-255-000 Zone 3 - Pico & Oriole $1,877 $960 Lndscp & Lgtg Assessment (26) 26-604-255-000 Zone 5 - Palomino $4,383 $200 Lndscp & Lgtg Assessment (26) 26-605-255-000 Zone 6 - Jaden $10,000 $9,000 TOTAL $66,520 ATTACHMENTS: • Contractor Agreement (DOCX) • Request for Informal Bids_ Landscape Maintenance Services 22-07(PDF) • Exhibit C-1: Bid Schedule (PDF) APPROVALS: Shanita Tillman Completed 07/27/2022 8:44 AM Finance Completed 07/27/2022 11:07 AM City Manager Completed 07/27/2022 9:42 AM City Council Pending 08/09/2022 6:00 PM C.7 Packet Pg. 59 01247.0006/808013.1 PUBLIC WORKS AGREEMENT By and Between CITY OF GRAND TERRACE and EZ SUNNYDAY LANDSCAPE C.7.a Packet Pg. 60 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) -1- 01247.0006/808013.1 AGREEMENT FOR PUBLIC WORKS SERVICES BETWEEN THE CITY OF GRAND TERRACE AND EZ SUNNYDAY LANDSCAPE THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into this 9th day of August, 2022 by and between the City of GRAND TERRACE, a California municipal corporation (“City”) and EZ SUNNYDAY LANDSCAPE, 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 materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest C.7.a Packet Pg. 61 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) -2- 01247.0006/808013.1 professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Bid Documents. The Scope of Work shall include the “General Provisions” and “Special Provisions” in the bid documents for the project entitled “___________________” (“Project”), including any documents or exhibits referenced therein (collectively, “bid documents”), 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 in C.7.a Packet Pg. 62 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) -3- 01247.0006/808013.1 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 to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, C.7.a Packet Pg. 63 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) -4- 01247.0006/808013.1 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 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. C.7.a Packet Pg. 64 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) -5- 01247.0006/808013.1 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. 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, C.7.a Packet Pg. 65 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) -6- 01247.0006/808013.1 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 $25,000, whichever is less; 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 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 C.7.a Packet Pg. 66 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) -7- 01247.0006/808013.1 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 Sixty Six Thousand Five Hundred Twenty Dollars ($66,520) per year (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, 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 C.7.a Packet Pg. 67 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) -8- 01247.0006/808013.1 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 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, C.7.a Packet Pg. 68 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) -9- 01247.0006/808013.1 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 five (5) 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: Isai Zencena Owner (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 C.7.a Packet Pg. 69 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) -10- 01247.0006/808013.1 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 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 C.7.a Packet Pg. 70 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) -11- 01247.0006/808013.1 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. (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. C.7.a Packet Pg. 71 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) -12- 01247.0006/808013.1 (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) 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- C.7.a Packet Pg. 72 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) -13- 01247.0006/808013.1 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 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, C.7.a Packet Pg. 73 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) -14- 01247.0006/808013.1 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: (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. C.7.a Packet Pg. 74 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) -15- 01247.0006/808013.1 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. 5.5 Performance and Labor Bonds. Concurrently with execution of this Agreement Contractor shall deliver to the City, the following: (a) A performance bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement (“Performance Bond”). (b) A labor and materials bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement (“Labor Bond”). Both the Performance Bond and Labors Bond required under this Section 5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and materials for work and services under this Agreement. The bonds shall be in the form as provided in Exhibits “A-2” and “A-3” as applicable. 5.6 Sufficiency of Insurer or Surety. Insurance and bonds 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’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be C.7.a Packet Pg. 75 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) -16- 01247.0006/808013.1 performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk Manager. 5.7 Substitution of Securities. Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense of the Contractor. 5.8 Release of Securities. City shall release the Performance Bond and Labor Bond when the following have occurred: (a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the Work has been accepted; and (c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law. 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. C.7.a Packet Pg. 76 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) -17- 01247.0006/808013.1 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. 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.7.a Packet Pg. 77 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) -18- 01247.0006/808013.1 (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 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 C.7.a Packet Pg. 78 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) -19- 01247.0006/808013.1 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 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. C.7.a Packet Pg. 79 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) -20- 01247.0006/808013.1 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 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. C.7.a Packet Pg. 80 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) -21- 01247.0006/808013.1 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 may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 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. C.7.a Packet Pg. 81 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) -22- 01247.0006/808013.1 8.3 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. 8.4 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 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. C.7.a Packet Pg. 82 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) -23- 01247.0006/808013.1 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 “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 C.7.a Packet Pg. 83 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) -24- 01247.0006/808013.1 bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] C.7.a Packet Pg. 84 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) -25- 01247.0006/808013.1 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: EZ SUNNYDAY LANDSCAPE By: ___________________________________ Name: Isai Zencena Title: Owner By: ___________________________________ Name: Title: Address: 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. C.7.a Packet Pg. 85 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) 01247.0006/808013.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. C.7.a Packet Pg. 86 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) 01247.0006/808013.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. C.7.a Packet Pg. 87 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) 01247.0006/808013.1 A-1 EXHIBIT “A” SCOPE OF WORK I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the “General Provisions” and “Special Provisions” included in the bid documents for the project entitled the “_____________________________” including any documents or exhibits referenced therein. The bid documents shall include, but not be limited to, those bid specifications and documents provided in Exhibit “A-1”. II. 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 as may be required by the City from time to time. III. 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. IV. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition. C.7.a Packet Pg. 88 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) 01247.0006/808013.1 A-1 EXHIBIT “A-1” BID SPECIFICATIONS AND DOCUMENTS ITEM NO DESCRIPTION OF ITEMS TASK FREQUENCY UNIT 1 Richard Rollins Park 22745 De Berry St Task #1 Full Service (Planters, Ground Cover Shrubs) - 84,800 sqft Once Month Task #2 Mow and Weed Eat - 80,000 sqft Once Week 2 Veterans Freedom Park 21950 Pico St Task #1 Full Service (Planters, Ground Cover) Shrubs - 15,200 sqft Once Month Task #2 Mow and Weed Eat - 82,600 sqft Once Week 3 TJ Austin Park 22740 Robin Way (including park space north and south) Task #1 Full Service (Planters, Ground Cover, Shrubs) 7,200 sqft Once Month Task #2 Mow and Weed Eat 55,100 sqft Once Week 4 Gwen Karger Park NW Corner of Mount Vernon Ave and DeBerry St Task #1 Full Service (Planters, Ground Cover Shrubs) – 2,500 sqft Once Month Task #2 Mow and Weed Eat – 1,500 sqft Once Week 5 Griffin Park Water reservoir behind homes on Canary Court between Merle Court and Paradise St Task #1 Full Service (Planters, Ground Cover Shrubs) – 65,000 sqft Once Month Task #2 Mow and Weed Eat – 9,200 sqft Once Week 6 6 Canal Strip/East Side of Canal St at Barton Rd North/South of McClarren St Task #1 Mow and Weed Eat – 29,500 sqft Once Week 7 Oriole Slope East side of Oriole Ave from Franklin St and Lark St Task #1 Full Service (Planters, Ground Cover Shrubs) 11,000 sqft Once Month 8 3 Baseball Fields at Veterans Freedom Park 21950 Pico St Task #1 Mow and Weed Eat - 48,000 sqft Once Week 9 Right of Way, Mount Vernon Ave from Main St to Barton Rd Task #1 Weed Abatement and Spray Roundup – 1 mile on both sides of roadway Once Every 2 months C.7.a Packet Pg. 89 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) 01247.0006/808013.1 A-2 10 Right of Way, Barton Rd from Palm to Victoria St Task #1 Weed Abatement and Spray Roundup – 0.5 miles both sides of road Once Every 2 months 11 Right of Way, Main St from Michigan St to Mount Vernon Task #1 Weed Abatement and Spray Roundup - 0.5 miles north side of road Once Every 2 months 12 Canal St from Newport Ave to Mount Vernon ROW drainage ditch Task #1 Weed Abatement and Spray Roundup, clear ditch - 0.4 miles on west side of street only Once Every 3 months 13 Taylor St/High School riprap drainage ditch – behind Grand Terrace High School and Veterans Freedom Park Task #1 Weed Abatement and Spray Roundup – 25,000 sqft Twice Year 14 Orange Grove Parkway at Mt Vernon Ave and Grand Terrace Rd Task #1 pull weeds – 30,000 sqft Once Month 15 Grand Terrace Fitness Park 21937 Grand Terrace Rd Task #1 pull weeds - 115,000 sqft Twice Month 16 City Hall 22795 Barton Rd Approximately 30,000 sqft Task #1 Full Service (Planters, Ground Cover, Shrubs) Once Month Task #2 Mow and Weed Eat Once Week 17 Westside of right of way on S La Cadena Dr between Palm Ave and Litton Ave and median Task #1 Weed Abatement and Spray Roundup -Approximately 57,000 sqft Once Every 3 Months 18 Jaden Court On left side of entrance and both center areas of walking path between homes stopping level with the top cul-de-sac Task #1 Weed Abatement and Spray Roundup on non- drought tolerant/aesthetic plants - Approximately 70,000 sqft Twice Month 19 Palomino Court Frontage on Pico St between Gage Canal and west property on Palomino Ct Task #1 Mow parkway Approx. 295 sqft Twice Year Task #2 Cut back hedge from sidewalk west of 22265 Pico St and prune trees and shrubs on east and west side of Palomino Ct Approx. 400 sqft Twice Year 20 Dog Park 22720 Vista Grande Way Task #1 Full Service (Planters, Ground Cover, and Shrubs Once Week Task #2 Mow and Weed Eat 21 Mirado Drain Removal of grass, trees, and debris Once Every 4 months C.7.a Packet Pg. 90 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) 01247.0006/808013.1 A-3 22 Reseeding at Dog Park Reseed Once Year C.7.a Packet Pg. 91 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) 01247.0006/808013.1 A-4 EXHIBIT “A-2” PERFORMANCE BOND We, _____________, Inc., a California corporation, as Principal, and ____________, as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Grand Terrace (“City”) for payment of the penal sum of ________ ($______). City and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference herein, for completion of public works for the property(ies) referenced in said agreement. Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by City and Principal. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall in all things stand to and abide by, and well and truly keep and perform all of the covenants, conditions, and provisions in said agreement, and any alteration thereof made as therein provided, on Principal's part to be kept and performed at the time and in the manner therein specified, and shall indemnify and save harmless the City, City’s engineer, and their consultants, and each of their officials, directors, officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. Surety agrees that should it fail to take over and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement, Surety will promptly on demand deposit with City such amount as City may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall exist, notwithstanding any controversy between Principal and City regarding Principal's failure under the agreement, and payment by Surety should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligations herein and shall be deemed proper payment as between Principal and Surety. Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder or the plans and specifications, or any matters unknown to Surety which may affect Surety's risk shall in any wise affect its obligation on this bond, and it does thereby waive notice thereof. Principal and Surety agree that if the City is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay City's reasonable attorneys' fees incurred, with or without suit, in addition to the above sum. C.7.a Packet Pg. 92 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) 01247.0006/808013.1 A-5 Executed this day of _________, ____. Seal of Corporation _____________ By:____________________________________ Authorized Representative of Principal Title: _____________ (ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES) Any claims under this bond may be addressed to: (check one) Surety's agent for service of process in California: ( ) _____________________ [name of surety company] _________________________ ____________________________________ Name Street Number _________________________ ____________________________________ Street Number City and State _________________________ ____________________________________ City and State Telephone Number _________________________ Telephone Number By:____________________________________ Attorney in Fact or other Representative (ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE) Furnish the name, address and phone number of the company agent as well as the surety company. Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwise meet the requirements of the agreement. C.7.a Packet Pg. 93 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) 01247.0006/808013.1 A-6 EXHIBIT “A-2” PAYMENT BOND We, __________, a California corporation, as Principal, and ____________, as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Grand Terrace (“City”) and those for whose benefit this bond insures in the sum of ___________ ($_______). City and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference herein, for completion of public works for the property(ies) referenced in said agreement. Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by City and Principal. If Principal or any of Principal's contractors or subcontractors, fails to pay any of the persons named in Section 9000 et seq. of the California Civil Code employed in the performance of the agreement for materials furnished or for labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, then Surety shall pay the same in an amount not exceeding the sum specified above, and also shall pay, in case suit is brought upon this bond, such reasonable attorneys' fees as shall be fixed by the court. Surety agrees that it shall pay the amounts due the persons above named and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement. If Surety fails to perform within the times specified in the agreement, Surety shall promptly on demand deposit with City such amount as City may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall extend, notwithstanding any controversy between Principal and City regarding Principal's failure under the agreement. Principal and Surety agree that any payment by Surety pursuant to this paragraph should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligation herein and shall be deemed proper payment as between Principal and Surety. This bond shall insure to the benefit of any and all of the persons named in Section 9000 et seq. of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond. Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder, or the plans and specifications, or any matters unknown to Surety which might affect Surety's risk, shall in any way affect its obligation on this bond, and it does hereby waive notice thereof. Principal and Surety agree that should City become a party to any action on this bond, that each will also pay City's reasonable attorneys' fees incurred therein in addition to the above sums. C.7.a Packet Pg. 94 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) 01247.0006/808013.1 A-7 Executed this _____________ day of ___________, ______. Seal of Corporation ______________ By:______________________________ Authorized Representative of Principal Title: __________ (ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES) Any claims under this bond may be addressed to: (check one) Surety's agent for service of process in California: ( ) ________________ [name of surety] _________________________ _____________________________ Name Street Number _________________________ _____________________________ Street Number City and State _________________________ _____________________________ City and State Telephone Number _________________________ Telephone Number By:_____________________________ Attorney in Fact or other Representative (ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE) Furnish the name, address and phone number of the company agent as well as the surety company. Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwise meet the requirements of the agreement. C.7.a Packet Pg. 95 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) 01247.0006/808013.1 B-1 EXHIBIT “B” SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) C.7.a Packet Pg. 96 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) 01247.0006/808013.1 C-1 EXHIBIT “C” SCHEDULE OF COMPENSATION I. Contractor shall perform all work at the rates on the Bid Schedule submitted as part of Contractor’s Proposal, which is attached hereto as Exhibit “C-1”. 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 Contract Officer. Payment will be based upon the actual quantities installed or constructed, unless otherwise specified. II. A retention of five percent (5%) 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 on the Bid Schedule, 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 $66,520 per year as provided in Section 2.1 of this Agreement. C.7.a Packet Pg. 97 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) 01247.0006/808013.1 C-2 EXHIBIT C-1 BID SCHEDULE C.7.a Packet Pg. 98 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) 01247.0006/808013.1 EXHIBIT “D” SCHEDULE OF PERFORMANCE I. Contractor shall perform all work timely and in accordance with plans and specifications as provided in Exhibit “A”. Further, Contractor shall perform all work timely and in accordance with a Project Schedule to be developed by Contractor and the Contract Officer and subject to written approval by the Contract Officer. II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. C.7.a Packet Pg. 99 At t a c h m e n t : C o n t r a c t o r A g r e e m e n t ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) For the best experience, open this PDF portfolio in Acrobat X or Adobe Reader X, or later. Get Adobe Reader Now! C.7.b Packet Pg. 100 At t a c h m e n t : R e q u e s t f o r I n f o r m a l B i d s _ L a n d s c a p e Exhibit C-1 C.7.c Packet Pg. 101 At t a c h m e n t : E x h i b i t C - 1 : B i d S c h e d u l e ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) C.7.c Packet Pg. 102 At t a c h m e n t : E x h i b i t C - 1 : B i d S c h e d u l e ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) C.7.c Packet Pg. 103 At t a c h m e n t : E x h i b i t C - 1 : B i d S c h e d u l e ( A w a r d L a n d s c a p e M a i n t e n a n c e S e r v i c e s ) AGENDA REPORT MEETING DATE: August 9, 2022 TITLE: Authorize Agreement for Security Officer Closing All Community Parks PRESENTED BY: Shanita Tillman, Management Analyst RECOMMENDATION: 1. Authorize agreement to procure unarmed security officer for the closing all City parks in the amount of $20,400.00 from August 16, 2022, to June 30, 2023; 2. Authorize the City Manager to execute agreement subject to City Attorney approval as to form 2030 VISION STATEMENT: This item supports goal #1 ensure our fiscal viability by exploring creative means to provide services. BACKGROUND: The City owns four parks with gated access and two smaller parks that are without gates and continuously open to the public. Currently, the parks are being opened at dusk and closed at dawn by City volunteers. DISCUSSION: City parks in the U.S. suffer the occasional vandalism during the year, and City of Grand Terrace’s parks are no exception. Parks are prone to undesirable activity, become living spaces for the homeless, and the site of delinquent behavior of all kinds. While not all crime can be prevented, there are ways to reduce the risks in these public spaces especially after hours. The City has employed the efforts of volunteers to open and close the parks but the City is constrained by their availability. To reduce inconsistency and keep our parks safe in the evening staff is recommending the addition of unarmed park security to close our parks between 10-11:00pm. We will continue to use park volunteers as needed to open and close the parks, Public Works staff will follow up with park opening, and the security company will conduct the final inspection that each park is properly closed daily. Staff reached out to the following three security companies; the results are listed below: C.8 Packet Pg. 104 Company Result American Force Private Security, Inc., $1,700 per month Citiguard Inc. $2,546 per month UGG Security. American Force Private Security Requires 8-hour daily minimum FINANCIAL IMPACT: $22,800 was budgeted for the implementation of an unarmed security guard in FY 2022-2023 and $20,400.00 is anticipated to be expended. Account Amount Fund 10 (General Fund) Park Maintenance - Contract Services 10-450-255-000 $20,400 ATTACHMENTS: • American Force Private Security Memo (PDF) • Contract Agreement (DOCX) APPROVALS: Shanita Tillman Completed 07/26/2022 4:39 PM Finance Completed 07/27/2022 11:10 AM City Manager Completed 07/27/2022 12:06 PM City Council Pending 08/09/2022 6:00 PM C.8 Packet Pg. 105 1 Shanita Tillman From:American Force Private Security INC <americanforce51@gmail.com> Sent:Monday, July 25, 2022 3:21 PM To:Shanita Tillman Cc:Josephine Jaimes Subject:Re: quote Attachments:image003.png; image004.png; image001.png Hi Shanita The Rate per month $1700.00 per month. Cordially Sam Gal On Mon, Jul 25, 2022, 11:43 PM Shanita Tillman <stillman@grandterrace‐ca.gov> wrote: Hi Sam, I know you have been working with my colleague Josie, can you please provide me an additional quote for the same services but just for the closing of 4 parks between the hours of 10-11pm. So I can compare the two rates and see which is more ideal for our City. I would need the quote by tomorrow as we are trying to get this approve by August. Shanita Tillman Management Analyst City of Grand Terrace Public Works Department 22795 Barton Rd, Grand Terrace, CA 92313 909.824.6621 ext. 218 stillman@grandterrace-ca.gov The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. From: Josephine Jaimes <jjaimes@grandterrace‐ca.gov> Sent: Friday, June 17, 2022 8:03 AM To: Shanita Tillman <stillman@grandterrace‐ca.gov> Subject: FW: quote C.8.a Packet Pg. 106 At t a c h m e n t : A m e r i c a n F o r c e P r i v a t e S e c u r i t y M e m o ( A u t h o r i z e A g r e e m e n t f o r S e c u r i t y O f f i c e r C l o s i n g A l l C o m m u n i t y P a r k s ) 2 Good morning, Please see attached the quote from American Force Private Security. Regards, Josephine Jaimes | Department Secretary Public Works Department 22795 Barton Rd, Grand Terrace, CA 92313 909.824.6621 ext. 217 jjaimes@grandterrace-ca.gov From: American Force Private Security INC <americanforce51@gmail.com> Sent: Friday, June 17, 2022 4:21 AM To: Josephine Jaimes <jjaimes@grandterrace‐ca.gov> Subject: quote Hi please review the quote ,if you have any questions feel free to contact me at any times. Cordially, Sam Gal American Force Private Security, INC. PPO License #16893 Address: 1585 S D Street, Suite 208 The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. C.8.a Packet Pg. 107 At t a c h m e n t : A m e r i c a n F o r c e P r i v a t e S e c u r i t y M e m o ( A u t h o r i z e A g r e e m e n t f o r S e c u r i t y O f f i c e r C l o s i n g A l l C o m m u n i t y P a r k s ) 3 San Bernardino, CA 92408 Email: americanforce51@gmail.com O: 909.384.9820 F: 909.384.9830 Web Site: http://www.americanforceprivatesecurityinc.com To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Picture THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. If the reader of this message is not the intended recipient or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination or copying of this communication is strictly prohibited. If you have received this electronic transmission in error, please delete it from your system without coping it or notify the sender by reply e‐mail so that the email address record can be corrected. C.8.a Packet Pg. 108 At t a c h m e n t : A m e r i c a n F o r c e P r i v a t e S e c u r i t y M e m o ( A u t h o r i z e A g r e e m e n t f o r S e c u r i t y O f f i c e r C l o s i n g A l l C o m m u n i t y P a r k s ) 01247.0006/807895.1 8/1/2022 AGREEMENT FOR CONTRACT SERVICES By and Between CITY OF GRAND TERRACE and AMERICAN FORCE PRIVATE SECURITY, INC. C.8.b Packet Pg. 109 At t a c h m e n t : C o n t r a c t A g r e e m e n t ( A u t h o r i z e A g r e e m e n t f o r S e c u r i t y O f f i c e r C l o s i n g A l l C o m m u n i t y P a r k s ) 01247.0006/807895.1 8/1/2022 -2- AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND AMERICAN FORCE PRIVATE SECURITY, INC. This “AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND _AMERICAN FORCE PRIVATE SECURITY, INC.” (herein “Agreement”) is made and entered into this 9th day of August, 2022 by and between the City of Grand Terrace, a California municipal corporation (“City”) and American Force Private Security, Inc. (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.” RECITALS A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement. B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Grand Terrace Municipal Code, City has authority to enter into and execute this Agreement. D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: ARTICLE 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest C.8.b Packet Pg. 110 At t a c h m e n t : C o n t r a c t A g r e e m e n t ( A u t h o r i z e A g r e e m e n t f o r S e c u r i t y O f f i c e r C l o s i n g A l l C o m m u n i t y P a r k s ) 01247.0006/807895.1 8/1/2022 -3- professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Consultant’s Proposal. The Scope of Service shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence. C.8.b Packet Pg. 111 At t a c h m e n t : C o n t r a c t A g r e e m e n t ( A u t h o r i z e A g r e e m e n t f o r S e c u r i t y O f f i c e r C l o s i n g A l l C o m m u n i t y P a r k s ) 01247.0006/807895.1 8/1/2022 -4- 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Twenty Thousand Four Hundred Dollars ($20,400) per year (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8. 2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less C.8.b Packet Pg. 112 At t a c h m e n t : C o n t r a c t A g r e e m e n t ( A u t h o r i z e A g r e e m e n t f o r S e c u r i t y O f f i c e r C l o s i n g A l l C o m m u n i t y P a r k s ) 01247.0006/807895.1 8/1/2022 -5- contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. C.8.b Packet Pg. 113 At t a c h m e n t : C o n t r a c t A g r e e m e n t ( A u t h o r i z e A g r e e m e n t f o r S e c u r i t y O f f i c e r C l o s i n g A l l C o m m u n i t y P a r k s ) 01247.0006/807895.1 8/1/2022 -6- 3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The Contract Officer, on behalf of the City, may extend the term of this Agreement in writing by two (2) terms of one (1) year each. ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Consultant. The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Jeff Gal Operations Manager (Name) (Title) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. C.8.b Packet Pg. 114 At t a c h m e n t : C o n t r a c t A g r e e m e n t ( A u t h o r i z e A g r e e m e n t f o r S e c u r i t y O f f i c e r C l o s i n g A l l C o m m u n i t y P a r k s ) 01247.0006/807895.1 8/1/2022 -7- All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. 4.2 Status of Consultant. Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be the City Manager such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. C.8.b Packet Pg. 115 At t a c h m e n t : C o n t r a c t A g r e e m e n t ( A u t h o r i z e A g r e e m e n t f o r S e c u r i t y O f f i c e r C l o s i n g A l l C o m m u n i t y P a r k s ) 01247.0006/807895.1 8/1/2022 -8- 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City. ARTICLE 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City: (a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit. (b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile. (d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis, and must include 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 C.8.b Packet Pg. 116 At t a c h m e n t : C o n t r a c t A g r e e m e n t ( A u t h o r i z e A g r e e m e n t f o r S e c u r i t y O f f i c e r C l o s i n g A l l C o m m u n i t y P a r k s ) 01247.0006/807895.1 8/1/2022 -9- following the completion of Consultant’s services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. (e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”. 5.2 General Insurance Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice: CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER NAMED HEREIN. [to be initialed] ______________ Consultant Initials C.8.b Packet Pg. 117 At t a c h m e n t : C o n t r a c t A g r e e m e n t ( A u t h o r i z e A g r e e m e n t f o r S e c u r i t y O f f i c e r C l o s i n g A l l C o m m u n i t y P a r k s ) 01247.0006/807895.1 8/1/2022 -10- City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant’s activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as provided in Section 5.3. In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City. 5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: (a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s fees incurred in connection therewith; (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 C.8.b Packet Pg. 118 At t a c h m e n t : C o n t r a c t A g r e e m e n t ( A u t h o r i z e A g r e e m e n t f o r S e c u r i t y O f f i c e r C l o s i n g A l l C o m m u n i t y P a r k s ) 01247.0006/807895.1 8/1/2022 -11- hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorney’s fees. Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. 5.4 Sufficiency of Insurer. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager. ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract 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 C.8.b Packet Pg. 119 At t a c h m e n t : C o n t r a c t A g r e e m e n t ( A u t h o r i z e A g r e e m e n t f o r S e c u r i t y O f f i c e r C l o s i n g A l l C o m m u n i t y P a r k s ) 01247.0006/807895.1 8/1/2022 -12- from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. 6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”), including any electronic documents and materials, prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City in a format of the City’s choice upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City. 6.4 Confidentiality and Release of Information. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such C.8.b Packet Pg. 120 At t a c h m e n t : C o n t r a c t A g r e e m e n t ( A u t h o r i z e A g r e e m e n t f o r S e c u r i t y O f f i c e r C l o s i n g A l l C o m m u n i t y P a r k s ) 01247.0006/807895.1 8/1/2022 -13- information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California. 7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices C.8.b Packet Pg. 121 At t a c h m e n t : C o n t r a c t A g r e e m e n t ( A u t h o r i z e A g r e e m e n t f o r S e c u r i t y O f f i c e r C l o s i n g A l l C o m m u n i t y P a r k s ) 01247.0006/807895.1 8/1/2022 -14- during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. 7.3 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement. C.8.b Packet Pg. 122 At t a c h m e n t : C o n t r a c t A g r e e m e n t ( A u t h o r i z e A g r e e m e n t f o r S e c u r i t y O f f i c e r C l o s i n g A l l C o m m u n i t y P a r k s ) 01247.0006/807895.1 8/1/2022 -15- 7.7 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon written notice to Consultant. In addition, the Consultant may terminate this Contract for cause, upon sixty (60) days’ advance written notice to City. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.8 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.9 Attorney’s Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. C.8.b Packet Pg. 123 At t a c h m e n t : C o n t r a c t A g r e e m e n t ( A u t h o r i z e A g r e e m e n t f o r S e c u r i t y O f f i c e r C l o s i n g A l l C o m m u n i t y P a r k s ) 01247.0006/807895.1 8/1/2022 -16- 8.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. 8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class. 8.4 Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney’s fees, incurred by City. ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Grand Terrace, 22795 Barton Rd, Grand Terrace, CA 92313, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. C.8.b Packet Pg. 124 At t a c h m e n t : C o n t r a c t A g r e e m e n t ( A u t h o r i z e A g r e e m e n t f o r S e c u r i t y O f f i c e r C l o s i n g A l l C o m m u n i t y P a r k s ) 01247.0006/807895.1 8/1/2022 -17- 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.6 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation, including but not limited to the Political Reform Act (Government Code Sections 81000, et seq.) C.8.b Packet Pg. 125 At t a c h m e n t : C o n t r a c t A g r e e m e n t ( A u t h o r i z e A g r e e m e n t f o r S e c u r i t y O f f i c e r C l o s i n g A l l C o m m u n i t y P a r k s ) 01247.0006/807895.1 8/1/2022 -18- Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Consultant’s Authorized Initials _______ 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] C.8.b Packet Pg. 126 At t a c h m e n t : C o n t r a c t A g r e e m e n t ( A u t h o r i z e A g r e e m e n t f o r S e c u r i t y O f f i c e r C l o s i n g A l l C o m m u n i t y P a r k s ) 01247.0006/807895.1 8/1/2022 19 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: American Force Private Security Inc. By: ___________________________________ Name: Jeff Gal Title: Operations Manager By: ___________________________________ Name: Title: Address: 1585 South D Street, Suite 208 San Bernardino, CA 92408 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. C.8.b Packet Pg. 127 At t a c h m e n t : C o n t r a c t A g r e e m e n t ( A u t h o r i z e A g r e e m e n t f o r S e c u r i t y O f f i c e r C l o s i n g A l l C o m m u n i t y P a r k s ) 01247.0006/807895.1 8/1/2022 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. C.8.b Packet Pg. 128 At t a c h m e n t : C o n t r a c t A g r e e m e n t ( A u t h o r i z e A g r e e m e n t f o r S e c u r i t y O f f i c e r C l o s i n g A l l C o m m u n i t y P a r k s ) 01247.0006/807895.1 8/1/2022 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. C.8.b Packet Pg. 129 At t a c h m e n t : C o n t r a c t A g r e e m e n t ( A u t h o r i z e A g r e e m e n t f o r S e c u r i t y O f f i c e r C l o s i n g A l l C o m m u n i t y P a r k s ) 01247.0006/807895.1 8/1/2022 A-1 EXHIBIT “A” SCOPE OF SERVICES I. Consultant will perform the following Services: A. Consultant shall provide security and vehicle patrol services at the following City parks: i. Veteran’s Freedom Park (located at 21950 Pico Street, Grand Terrace, CA). As part of Services provided for this location, Consultant shall escort residents out of this park and lock gate at Veteran’s Freedom Park between 10:00pm-11:00pm. ii. Grand Terrace Fitness Park (located at 21937 Grand Terrace Rd, Grand Terrace, CA). As part of Services provided for this location, Consultant shall escort residents out of this park and lock gate at Grand Terrace Fitness Park between 10:00pm-11:00pm. iii. Grand Terrace Dog Park (located at 22720 Vista Grande Way, Grand Terrace, CA). As part of Services provided for this location, Consultant shall escort residents out of this park and lock gate at Grand Terrace Dog Park between 10:00pm-11:00pm. iv. Richard Rollins Community Park (located at 22745 De Berry Street, Grand Terrace, CA). As part of Services provided for this location, Consultant shall escort residents out of this park and lock gate at Richard Rollins Community Park between 10:00pm-11:00pm. B. With respect to Veteran’s Freedom Park, as stated in Section I(A)(i) above, it shall be the last park to be closed, as provided above, in order to accommodate Little League activities. C. Consultant shall provide services listed above everyday including all National Holidays and Federal Holidays. II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City as may be required from time to time by the City. III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports as may be required from time to time by the City. IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City. C.8.b Packet Pg. 130 At t a c h m e n t : C o n t r a c t A g r e e m e n t ( A u t h o r i z e A g r e e m e n t f o r S e c u r i t y O f f i c e r C l o s i n g A l l C o m m u n i t y P a r k s ) 01247.0006/807895.1 8/1/2022 A-2 C.8.b Packet Pg. 131 At t a c h m e n t : C o n t r a c t A g r e e m e n t ( A u t h o r i z e A g r e e m e n t f o r S e c u r i t y O f f i c e r C l o s i n g A l l C o m m u n i t y P a r k s ) 01247.0006/807895.1 8/1/2022 B-1 EXHIBIT “B” SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) C.8.b Packet Pg. 132 At t a c h m e n t : C o n t r a c t A g r e e m e n t ( A u t h o r i z e A g r e e m e n t f o r S e c u r i t y O f f i c e r C l o s i n g A l l C o m m u n i t y P a r k s ) 01247.0006/807895.1 8/1/2022 C-1 EXHIBIT “C” SCHEDULE OF COMPENSATION I. Consultant shall be compensated $20,400 per year ($1,700 per month) for the Services performed in Exhibit “A”. II. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. III. The total compensation for the Services shall not exceed $20,400 per year as provided in Section 2.1 of this Agreement. C.8.b Packet Pg. 133 At t a c h m e n t : C o n t r a c t A g r e e m e n t ( A u t h o r i z e A g r e e m e n t f o r S e c u r i t y O f f i c e r C l o s i n g A l l C o m m u n i t y P a r k s ) 01247.0006/807895.1 8/1/2022 D-1 EXHIBIT “D” SCHEDULE OF PERFORMANCE I. Consultant shall perform all Services timely in accordance with Exhibit “A” and/or a schedule to be developed by Consultant and subject to the written approval of the Contract Officer. II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. C.8.b Packet Pg. 134 At t a c h m e n t : C o n t r a c t A g r e e m e n t ( A u t h o r i z e A g r e e m e n t f o r S e c u r i t y O f f i c e r C l o s i n g A l l C o m m u n i t y P a r k s ) AGENDA REPORT MEETING DATE: August 9, 2022 TITLE: Authorize Purchase Order for TJ Austin Park Equipment with Per Capital Grant Funds PRESENTED BY: Shanita Tillman, Management Analyst RECOMMENDATION: 1. Authorize the expenditure of up to $7,200 from Parks Fund (Fund 49) for the purchase of a bike rack and benches; 2. Authorize City Manager to execute a purchase order and all necessary sales documentation to procure bike rack and benches not to exceed the grant awarded amount 2030 VISION STATEMENT: This staff report supports City Council Goal # 4 “Develop and Implement Successful Partnerships” by working with state agencies to secure funding for programs and projects to deliver services benefiting our community. BACKGROUND: The State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Per Capita Grant Program. The City has needs for funding to provide additional features to City parks. DISCUSSION: Through the Per Capita Grant program, the City is able to provide additional amenities at multiple parks. As approved by the grant, the City will install a bike rack, shade structure, benches, and play surface repair at TJ Austin Park. Per the City’s fiscal policy, a minimum of three quotes have been obtained for the following: Equipment Company Price Grant Awarded Amount Bike Rack Parks Warehouse $637.00 $3,000 The Park Catalog $773.26 Up Beat $795.88 Equipment Company Price Grant Awarded Amount (3) Benches Belson Outdoors $3,835.26 $4,000.00 Park Warehouse $3,559.31 Global Industrial $3,867.99 C.9 Packet Pg. 135 As additional quotes become available staff will present, for award of the shade structure and surface repair. Items that will be installed at multiple parks will be purchased together and the funds divided amongst the parks. Staff is recommending the execution of a purchase order for the bike rack and benches from the lowest quote listed above not to exceed the grant awarded amount. FISCAL IMPACTS: The grant is for $177,952.00. Most of the project activities are slated to occur in economically disadvantaged neighborhoods. Because of this, City matching funds will be $5,200.00. The funding for the equipment will come from Parks (Fund 49) Account 49-445-700-000-000. ATTACHMENTS: • Park Bench Quote (PDF) • Bike Rack Quote (PDF) APPROVALS: Shanita Tillman Completed 07/26/2022 5:03 PM Finance Completed 07/27/2022 11:12 AM City Manager Completed 07/26/2022 5:07 PM City Council Pending 08/09/2022 6:00 PM C.9 Packet Pg. 136 C.9.a Packet Pg. 137 At t a c h m e n t : P a r k B e n c h Q u o t e ( A u t h o r i z e P u r c h a s e O r d e r f o r T J A u s t i n P a r k E q u i p m e n t w i t h P e r C a p i t a l G r a n t F u n d s ) C.9.a Packet Pg. 138 At t a c h m e n t : P a r k B e n c h Q u o t e ( A u t h o r i z e P u r c h a s e O r d e r f o r T J A u s t i n P a r k E q u i p m e n t w i t h P e r C a p i t a l G r a n t F u n d s ) C.9.a Packet Pg. 139 At t a c h m e n t : P a r k B e n c h Q u o t e ( A u t h o r i z e P u r c h a s e O r d e r f o r T J A u s t i n P a r k E q u i p m e n t w i t h P e r C a p i t a l G r a n t F u n d s ) C.9.b Packet Pg. 140 At t a c h m e n t : B i k e R a c k Q u o t e ( A u t h o r i z e P u r c h a s e O r d e r f o r T J A u s t i n P a r k E q u i p m e n t w i t h P e r C a p i t a l G r a n t F u n d s ) AGENDA REPORT MEETING DATE: August 9, 2022 TITLE: Authorize Purchase Order for Griffin Park Equipment with Per Capital Grant Funds PRESENTED BY: Shanita Tillman, Management Analyst RECOMMENDATION: 1. Authorize the expenditure of up to $74,200 from Parks Fund (Fund 49) for the purchase of benches, lighting, walking path, picnic tables, and dog waste stations 2. Authorize City Manager to execute a purchase order and all necessary sales documentation to procure benches, lighting, walking path, picnic tables, and dog waste stations not to exceed the grant awarded amount 2030 VISION STATEMENT: This staff report supports City Council Goal # 4 “Develop and Implement Successful Partnerships” by working with state agencies to secure funding for programs and projects to deliver services benefiting our community. BACKGROUND: The State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Per Capita Grant Program. The City has needs for funding to provide additional features to City parks. DISCUSSION: Through the Per Capita Grant program, the City is able to provide additional amenities at multiple parks. Griffin Park is a large rectangular plot of land located between Merle Court and Paradise Street in the eastside of the City. As approved by the grant, the City anticipates the installation of a walking path, with lighting, benches, picnic tables, and a dog waste station. Per the City’s fiscal policy, a minimum of three quotes have been obtained for the following: Equipment Company Price Grant Awarded Amount (3) Benches Belson Outdoors $3,835.26 $4,000.00 Park Warehouse $3,559.31 Global Industrial $3,867.99 Equipment Company Price Grant Awarded C.10 Packet Pg. 141 Amount Lighting Home Depot $2,485.92 $8,000.00 Greenshine New Energy $3,800.43 Larson Electronics $5,400.70 Equipment Company Price Grant Awarded Amount Picnic Tables Parks Warehouse $3,026.72 $3,600.00 School Outfitters $3,521.85 Global Industrial $4,389.99 Equipment Company Price Grant Awarded Amount Dog Waste Stations Dog Waste Depot $603.38 $600.00 The Park Catalog $1,575.54 Doody Calls Direct $785.99 Equipment Company Price Grant Awarded Amount Walking Path Jonescape $47,545.00 $58,000.00 On June 21, 2022, staff issued a Notice of Inviting Informal Bids via email for the walking path construction and advertised on our City website. The notice was sent to seven contractors listed in our bidders list and only one company responded, Jonescape. Staff is recommending the execution of a purchase order for the benches, lighting, walking path, picnic tables, and dog waste stations from the companies listed above with the lowest quote not to exceed the grant awarded amounts unless approved in grant. FISCAL IMPACTS: The grant is for $177,952.00. Most of the project activities are slated to occur in economically disadvantaged neighborhoods. Because of this, City matching funds will be $5,200.00. The funding for the equipment will come from Parks (Fund 49) Account 49-445-700-000-000 ATTACHMENTS: • Walking Path Notice of Inviting Informal Bids and Jonescape Proposal (PDF) • Dog Waste Station Quote (PDF) • ADA Accessible Picnic Table Quote (PDF) • Park Bench Quote (PDF) • LED Bollard Lights Quote (PDF) • Griffin Park Site Plan (PDF) C.10 Packet Pg. 142 APPROVALS: Shanita Tillman Completed 07/15/2022 3:55 PM Finance Completed 07/18/2022 12:06 PM City Manager Completed 07/18/2022 12:27 PM City Council Pending 08/09/2022 6:00 PM C.10 Packet Pg. 143 C.10.a Packet Pg. 144 At t a c h m e n t : W a l k i n g P a t h N o t i c e o f I n v i t i n g I n f o r m a l B i d s a n d J o n e s c a p e P r o p o s a l ( A u t h o r i z e P u r c h a s e O r d e r f o r G r i f f i n P a r k E q u i p m e n t w i t h C.10.b Packet Pg. 145 At t a c h m e n t : D o g W a s t e S t a t i o n Q u o t e ( A u t h o r i z e P u r c h a s e O r d e r f o r G r i f f i n P a r k E q u i p m e n t w i t h P e r C a p i t a l G r a n t F u n d s ) C.10.c Packet Pg. 146 At t a c h m e n t : A D A A c c e s s i b l e P i c n i c T a b l e Q u o t e ( A u t h o r i z e P u r c h a s e O r d e r f o r G r i f f i n P a r k E q u i p m e n t w i t h P e r C a p i t a l G r a n t F u n d s ) C.10.c Packet Pg. 147 At t a c h m e n t : A D A A c c e s s i b l e P i c n i c T a b l e Q u o t e ( A u t h o r i z e P u r c h a s e O r d e r f o r G r i f f i n P a r k E q u i p m e n t w i t h P e r C a p i t a l G r a n t F u n d s ) C.10.c Packet Pg. 148 At t a c h m e n t : A D A A c c e s s i b l e P i c n i c T a b l e Q u o t e ( A u t h o r i z e P u r c h a s e O r d e r f o r G r i f f i n P a r k E q u i p m e n t w i t h P e r C a p i t a l G r a n t F u n d s ) C.10.d Packet Pg. 149 At t a c h m e n t : P a r k B e n c h Q u o t e ( A u t h o r i z e P u r c h a s e O r d e r f o r G r i f f i n P a r k E q u i p m e n t w i t h P e r C a p i t a l G r a n t F u n d s ) C.10.d Packet Pg. 150 At t a c h m e n t : P a r k B e n c h Q u o t e ( A u t h o r i z e P u r c h a s e O r d e r f o r G r i f f i n P a r k E q u i p m e n t w i t h P e r C a p i t a l G r a n t F u n d s ) C.10.d Packet Pg. 151 At t a c h m e n t : P a r k B e n c h Q u o t e ( A u t h o r i z e P u r c h a s e O r d e r f o r G r i f f i n P a r k E q u i p m e n t w i t h P e r C a p i t a l G r a n t F u n d s ) C.10.e Packet Pg. 152 At t a c h m e n t : L E D B o l l a r d L i g h t s Q u o t e ( A u t h o r i z e P u r c h a s e O r d e r f o r G r i f f i n P a r k E q u i p m e n t w i t h P e r C a p i t a l G r a n t F u n d s ) C.10.e Packet Pg. 153 At t a c h m e n t : L E D B o l l a r d L i g h t s Q u o t e ( A u t h o r i z e P u r c h a s e O r d e r f o r G r i f f i n P a r k E q u i p m e n t w i t h P e r C a p i t a l G r a n t F u n d s ) C.10.f Packet Pg. 154 At t a c h m e n t : G r i f f i n P a r k S i t e P l a n ( A u t h o r i z e P u r c h a s e O r d e r f o r G r i f f i n P a r k E q u i p m e n t w i t h P e r C a p i t a l G r a n t F u n d s ) AGENDA REPORT MEETING DATE: August 9, 2022 TITLE: Authorize Purchase Order for Fitness Park Equipment with Per Capital Grant Funds PRESENTED BY: Shanita Tillman, Management Analyst RECOMMENDATION: 1. Authorize the expenditure of up to $3,000 from Parks Fund (Fund 49) for the purchase of a bike rack 2. Authorize City Manager to execute a purchase order and all necessary sales documentation to procure bike rack not to exceed the grant budgeted amount 2030 VISION STATEMENT: This staff report supports City Council Goal # 4 “Develop and Implement Successful Partnerships” by working with state agencies to secure funding for programs and projects to deliver services benefiting our community. BACKGROUND: The State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Per Capita Grant Program. The City has needs for funding to provide additional features to City parks. DISCUSSION: Through the Per Capita Grant program, the City is able to provide additional amenities at multiple parks. As approved by the grant, the City will install a bike rack and have surface repair completed at Fitness Park. Per the City’s fiscal policy, a minimum of three quotes have been obtained for the following: Equipment Company Price Grant Awarded Amount Bike Rack Parks Warehouse $637.00 $3,000 The Park Catalog $773.26 Up Beat $795.88 As additional quotes become available staff will present, for award the surface repair. Items that will be installed at multiple parks will be purchased together and the funds divided amongst the parks. Staff is recommending the execution of a purchase order for the bike rack from the C.11 Packet Pg. 155 company with the lowest quote listed above not to exceed the grant budgeted amount. FISCAL IMPACTS: The grant is for $177,952.00. Most of the project activities are slated to occur in economically disadvantaged neighborhoods. Because of this, City matching funds will be $5,200.00. The funding for the equipment will come from Parks (Fund 49) Account 49-445-700-000-000 ATTACHMENTS: • Bike Rack Quote (PDF) APPROVALS: Shanita Tillman Completed 07/15/2022 3:41 PM Finance Completed 07/18/2022 9:55 AM City Manager Completed 07/18/2022 10:38 AM City Council Pending 08/09/2022 6:00 PM C.11 Packet Pg. 156 C.11.a Packet Pg. 157 At t a c h m e n t : B i k e R a c k Q u o t e ( A u t h o r i z e P u r c h a s e O r d e r f o r F i t n e s s P a r k E q u i p m e n t w i t h P e r C a p i t a l G r a n t F u n d s ) AGENDA REPORT MEETING DATE: August 9, 2022 TITLE: Authorize Purchase Order for Richard Rollins Park Equipment with Per Capital Grant Funds PRESENTED BY: Shanita Tillman, Management Analyst RECOMMENDATION: 1. Authorize the expenditure of up to $3,000 from Parks Fund (Fund 49) for the purchase of a bike rack 2. Authorize City Manager to execute a purchase order and all necessary sales documentation to procure bike rack not to exceed the grant awarded amount 2030 VISION STATEMENT: This staff report supports City Council Goal # 4 “Develop and Implement Successful Partnerships” by working with state agencies to secure funding for programs and projects to deliver services benefiting our community. BACKGROUND: The State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Per Capita Grant Program. The City has needs for funding to provide additional features to City parks. DISCUSSION: Through the Per Capita Grant program, the City is able to provide additional amenities at multiple parks. As approved by the grant, the City will install a drinking fountain, surface repair, and bike rack at Richard Rollin’s Park. Per the City’s fiscal policy, a minimum of three quotes have been obtained for the following: Equipment Company Price Grant Budgeted Amount Bike Rack Parks Warehouse $637.00 $3,000 The Park Catalog $773.26 Up Beat $795.88 As additional quotes become available staff will present, for award, the drinking fountain and surface repair. Items that will be installed at multiple parks will be purchased together and the funds divided amongst the parks. C.12 Packet Pg. 158 Staff is recommending the execution of a purchase order for the bike rack from the company listed above not to exceed the grant awarded amount. FISCAL IMPACTS: The grant is for $177,952.00. Most of the project activities are slated to occur in economically disadvantaged neighborhoods. Because of this, City matching funds will be $5,200.00. The funding for the equipment will come from Parks (Fund 49) Account 49-445-700-000-000 ATTACHMENTS: • Bike Rack Quote (PDF) APPROVALS: Shanita Tillman Completed 07/15/2022 3:34 PM Finance Completed 07/18/2022 9:54 AM City Manager Completed 07/18/2022 10:38 AM City Council Pending 08/09/2022 6:00 PM C.12 Packet Pg. 159 C.12.a Packet Pg. 160 At t a c h m e n t : B i k e R a c k Q u o t e ( A u t h o r i z e P u r c h a s e O r d e r f o r R i c h a r d R o l l i n s P a r k E q u i p m e n t w i t h P e r C a p i t a l G r a n t F u n d s ) AGENDA REPORT MEETING DATE: August 9, 2022 TITLE: Authorize Purchase Order for Veterans Freedom Park Equipment with Per Capital Grant Funds PRESENTED BY: Shanita Tillman, Management Analyst RECOMMENDATION: 1. Authorize the expenditure of up to $10,000 from Parks Fund (Fund 49) for the purchase of a bike rack and baseball/softball scoreboard 2. Authorize City Manager to execute a purchase order and all necessary sales documentation to procure bike rack and baseball/softball scoreboard not to exceed the grant awarded amount 2030 VISION STATEMENT: This staff report supports City Council Goal # 4 “Develop and Implement Successful Partnerships” by working with state agencies to secure funding for programs and projects to deliver services benefiting our community. BACKGROUND: The State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Per Capita Grant Program. The City has needs for funding to provide additional features to City parks. DISCUSSION: Through the Per Capita Grant program, the City is able to provide additional amenities at multiple parks. As approved by the grant, the City will install a baseball/softball scoreboard, two bleachers, bike racks, and play surface repair at Veterans Freedom Park. Per the City’s fiscal policy, a minimum of three quotes have been obtained for the following: Equipment Company Price Grant Awarded Amount Bike Rack Parks Warehouse $637.00 $3,000 The Park Catalog $773.26 Up Beat $795.88 Equipment Company Price Grant Awarded Amount C.13 Packet Pg. 161 8’x8’ Baseball/Softball Scoreboard CSM Sales, Inc. $4,738.95 $7,000 Daktronics $7,722.20 Electro-Mech Scoreboard Company $5,792.00 Anthem Sports $5,360.50 Spectrum Corporation $6,740.00 As additional quotes become available staff will present, for award of the bleachers and surface repair. Items that will be installed at multiple parks will be purchased together and the funds divided amongst the parks. Staff is recommending the execution of a purchase order for the bike rack and baseball/scoreboard from the lowest quote listed above not to exceed the grant awarded amount. FISCAL IMPACTS: The grant is for $177,952.00. Most of the project activities are slated to occur in economically disadvantaged neighborhoods. Because of this, City matching funds will be $5,200.00. The funding for the equipment will come from Parks (Fund 49) Account 49-445-700-000-000. ATTACHMENTS: • Scoreboard Quote (PDF) • Bike Rack Quote (PDF) APPROVALS: Shanita Tillman Completed 07/15/2022 3:31 PM Finance Completed 07/18/2022 9:53 AM City Manager Completed 08/03/2022 2:45 PM City Council Pending 08/09/2022 6:00 PM C.13 Packet Pg. 162 C.13.a Packet Pg. 163 At t a c h m e n t : S c o r e b o a r d Q u o t e ( A u t h o r i z e P u r c h a s e O r d e r f o r V e t e r a n s F r e e d o m P a r k E q u i p m e n t w i t h P e r C a p i t a l G r a n t F u n d s ) C.13.a Packet Pg. 164 At t a c h m e n t : S c o r e b o a r d Q u o t e ( A u t h o r i z e P u r c h a s e O r d e r f o r V e t e r a n s F r e e d o m P a r k E q u i p m e n t w i t h P e r C a p i t a l G r a n t F u n d s ) C.13.a Packet Pg. 165 At t a c h m e n t : S c o r e b o a r d Q u o t e ( A u t h o r i z e P u r c h a s e O r d e r f o r V e t e r a n s F r e e d o m P a r k E q u i p m e n t w i t h P e r C a p i t a l G r a n t F u n d s ) C.13.b Packet Pg. 166 At t a c h m e n t : B i k e R a c k Q u o t e ( A u t h o r i z e P u r c h a s e O r d e r f o r V e t e r a n s F r e e d o m P a r k E q u i p m e n t w i t h P e r C a p i t a l G r a n t F u n d s ) AGENDA REPORT MEETING DATE: August 9, 2022 TITLE: Authorize Purchase Order for Furnish and Installation of 27' Live Pinus Elderica Tree at Barton/Palm Ave Median PRESENTED BY: Shanita Tillman, Management Analyst RECOMMENDATION: 1. Authorize the expenditure of $22,700 from ARPA Fund (Fund 94) for the furnish and installation of 27’ Pinus Elderica at Barton/Palm Ave Median 2. Authorize City Manager to execute a purchase order for funish and installation of 27’ Pinus Elderica at Barton/Palm Ave Median 2030 VISION STATEMENT: This staff report supports Goal #1, Ensuring Fiscal Viability BACKGROUND: On March 11, 2021, the American Rescue Plan Act (ARPA) was signed into law by President Biden. This established the Coronavirus State & Local Fiscal Recovery Fund (SLFRP) for local governments (cities and towns) across the U.S. to receive a funding allocation. On April 26, 2022, Council approved allocation for ARPA funds and $50,000 was assigned to tree planting in the right of way throughout the City. DISCUSSION: Each year during the holiday season, the City decorates Barton Road with illuminated signs and banners for the annual Light Up Grand Terrace event. A 20’-foot-high artificial Christmas tree is set up at the intersection of Barton Road and Palm Avenue, commonly known as the “The Triangle”. It’s a median consisting of existing shrubs and a non- operational electronic sign. The cost of a comparable size Christmas tree ranges between $15,000-$20,000. Our tree will continue to have wear and tear because it’s in the elements for approximately four weeks out of the year and undergoes the packaging and re-packaging efforts and will require replacement over time. As part of reconstruction of the median, staff is recommending the electronic sign be removed and electrical components repaired for the future installation of an electronic sign, and the furnish and installation of a live 27’ Pinus Elderica tree be used as a Christmas tree annually in our Light Up Grand Terrace celebration. C.14 Packet Pg. 167 The tree will be maintained by our current arborist West Coast Arborist; they will conduct monthly inspections and perform annual tree shaping. FISCAL IMPACT: The purchase will not have an impact on the General Fund. The expenditure of $22,700 will come from the American Rescue Plan Act Fund, account 94-175-245-000. ATTACHMENTS: • Triangle Median Image (PDF) • WCA Proposal (PDF) APPROVALS: Shanita Tillman Completed 07/15/2022 4:11 PM Finance Completed 07/18/2022 10:00 AM City Manager Completed 07/18/2022 10:37 AM City Council Pending 08/09/2022 6:00 PM C.14 Packet Pg. 168 7/15/22, 8:56 AM Print https://apps.spatialstream.com/landvision/staging/CurrentBuild/Html/printpreview.html 1/1 © 2022 Digital Map Products. All rights reserved. 19 feet C.14.a Packet Pg. 169 At t a c h m e n t : T r i a n g l e M e d i a n I m a g e ( A u t h o r i z e P u r c h a s e O r d e r f o r I n s t a l l a t i o n o f 2 7 ' L i v e C h r i s t m a s T r e e a t M e d i a n ) JOB LOCATION Palm Ave & Barton Rd SCOPE OF WORK Furnish and install 72" box Pinus Elderica 27' in height. CUSTOMER INFORMATION Main Contact Billing ContactRUBEN MONTANO SHANITA TILLMANCITY OF GRAND TERRACE 22795 BARTON ROAD GRAND TERRACE, CA 92313 909.430.2201 rmontano@grandterrace-ca.gov CITY OF GRAND TERRACE 22795 BARTON ROAD GRAND TERRACE, CA 92313 909.824.6621 stillman@grandterrace-ca.gov Inventory Needed Link Funds to Job #Purchase Order #DIR Project ID # Yes DESCRIPTIONQTY U/M UNIT PRICE TOTAL 1.00 Furnish/Install 72" Box Tree Lump Sum $12,500.00 $12,500.00 72.00 Monthly Inspection Each $100.00 $7,200.00 6.00 Annual Tree Shaping Each $500.00 $3,000.00 $22,700.00GRAND TOTAL: COMMENTS Price reflects the cost of tree, labor, initial watering and materials. Automatic irrigation set up specifically to the tree must be in place in order to honor a one year warranty. Recommendation Maintenance to be determined by way of monthly site inspections, a short report is to be generated and emailed to city staff on a monthly basis. DISCLAIMER: West Coast Arborists, Inc. ensures the quality of work performed, however, we do not ensure the customer's/city's entire tree population from failure. Conditions are often hidden within trees and below ground. Arborists cannot guarantee that a tree will be healthy or safe under all circumstances. The controlling authority must manage trees and accept some degree of risk. Only work identified in the scope of the proposal and in the contract line item is included in our quote or invoice. All work will be completed in accordance with ANSI A300 standards. Price reflects payment under prevailing wage rates under the wage determination: Tree Maintenance Laborer and report of certified payroll to the Department of Industrial Relations as applicable in accordance with state labor laws. CA Contractors License 366764 Federal Tax ID: 95-3250682 CA DIR Registration 1000000956 MARTIN CORTEZ 05/18/22 ESTIMATED BY TITLE DATE DATETITLEACCEPTED BY AREA MANAGER WEST COAST ARBORISTS, INC. 21718 Walnut Avenue Grand Terrace, CA 92313 909.783.6544 Phone 909.783.6515 Fax WCAINC.COM Proposal # 75510 PROPOSAL FOR TREE MAINTENANCE SERVICESPROPOSAL FOR TREE MAINTENANCE SERVICES Printed on: 7/15/2022 4:02:50 PM Page 1 of 1 C.14.b Packet Pg. 170 At t a c h m e n t : W C A P r o p o s a l ( A u t h o r i z e P u r c h a s e O r d e r f o r I n s t a l l a t i o n o f 2 7 ' L i v e C h r i s t m a s T r e e a t M e d i a n ) AGENDA REPORT MEETING DATE: August 9, 2022 Council Item TITLE: An Ordinance of the City Council of the City of Grand Terrace, California, Amending Section 5.42.170 (Containers - Located for Collection) of Chapter 5.42 (Integrated Waste Management) of Title 5 (Business Taxes, Licenses and Regulations) of the Grand Terrace Municipal Code to Identify Locations for Placement of Residential Waste Containers for Pick-Up by Waste Haulers PRESENTED BY: Konrad Bolowich, City Manager RECOMMENDATION: THAT THE CITY COUNCIL APPROVE THE ORDINANCE TO IDENTIFY LOCATIONS FOR PLACEMENT OF RESIDENTIAL WASTE CONTAINERS FOR PICK-UP BY WASTE HAULERS 2030 VISION STATEMENT: This staff report supports Goal #2, Maintain Public Safety. BACKGROUND: The City of Grand Terrace contracts with Burrtec to collect refuse for residential and commercial customers. Such collection activities require the use of heavy vehicles and automated equipment which cause impacts upon the streets, impact smooth traffic flow, generate noise, and cause emission of greenhouse gases. It is incumbent upon the City to engage in these activities as efficiently as possible and to reduce impacts as much as practical. DISCUSSION: There are several locations where residents are placing waste receptacles in locations that require additional travel or added truck movements for collection. This extra effort slows down the route, adds driving time and impacts to the streets. Collection at a curbside in front of the residence or at a rear alley will minimize these impacts and provides for the most orderly and efficient method of collection ENVIRONMENTAL IMPACTS There will be reductions in street wear and tear, and reduction in greenhouse gasses. FISCAL IMPACT: None. G.15 Packet Pg. 171 ATTACHMENTS: • Modified Document GT 5.42.180 INTEGRATED WASTE MANAGEMENT ORDINANCE (DOCX) APPROVALS: Konrad Bolowich Completed 07/29/2022 3:23 PM City Manager Completed 08/03/2022 2:46 PM City Council Pending 08/09/2022 6:00 PM G.15 Packet Pg. 172 01247.0001/805253.2 ORDINANCE NO. ________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING SECTION 5.42.170 (CONTAINERS – LOCATED FOR COLLECTION) OF CHAPTER 5.42 (INTEGRATED WASTE MANAGEMENT) OF TITLE 5 (BUSINESS TAXES, LICENSES AND REGULATIONS) OF THE GRAND TERRACE MUNICIPAL CODE TO IDENTIFY LOCATIONS FOR PLACEMENT OF RESIDENTIAL WASTE CONTAINERS FOR PICK-UP BY WASTE HAULERS WHEREAS, the City of Grand Terrace has adopted Chapter 5 of Title 42 of the Grand Terrace Municipal Code establishing integrated waste management service rules and regulations; and WHEREAS, such collection activities require the use of heavy vehicles and automated equipment which cause impacts upon the streets, impact smooth traffic flow and generate noise, and cause emission of greenhouse gasses; and WHEREAS, collection activities should be conducted in an efficient, cost effective, safe and orderly manner to minimize these impacts of the collection vehicles; and WHEREAS, collection at a curbside in front of the residence or at a rear alley will minimize these impacts and provides for the most orderly and efficient method of collection. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The Recitals set forth above are incorporated herein by this reference. SECTION 2. Section 5.42.170 (Containers – Located for collection) of Chapter 5.42 (Integrated Waste management of Title 5 (Business Taxes, Licenses and Regulations) is hereby amended and shall now read as follows: “5.42.170 - Containers—Located for collection. During the hours for collection, residential containers shall be placed for collection at the curb or right-of-way in the alley directly behind the residence, or in front of the residence, and shall be accessible for mechanized pick-up. Commercial bins shall be accessible to the collector.” 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. G.15.a Packet Pg. 173 At t a c h m e n t : M o d i f i e d D o c u m e n t G T 5 . 4 2 . 1 8 0 I N T E G R A T E D W A S T E M A N A G E M E N T O R D I N A N C E ( R e s i d e n t i a l W a s t e C o n t a i n e r s ) 01247.0001/805253.2 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 cause the same to be published as 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 G.15.a Packet Pg. 174 At t a c h m e n t : M o d i f i e d D o c u m e n t G T 5 . 4 2 . 1 8 0 I N T E G R A T E D W A S T E M A N A G E M E N T O R D I N A N C E ( R e s i d e n t i a l W a s t e C o n t a i n e r s ) AGENDA REPORT MEETING DATE: August 9, 2022 Council Item TITLE: An Ordinance of the City of Grand Terrace, California Amending Section 6.04.090 (Impoundment of Animals) of Chapter 6.04 (Animal Control) of Title 6 (Animals) of the Grand Terrace Municipal Code, Which Amends the City’s Animal Control Regulations Pertaining to Impoundment of Animals PRESENTED BY: Konrad Bolowich, City Manager RECOMMENDATION: That the City Council Approve the Ordinance Allowing for Impoundment of Unlicensed Animals 2030 VISION STATEMENT: This staff report supports Goal #2, Maintain Public Safety BACKGROUND: Rabies are endemic in this region. Once clinical symptoms appear, rabies is almost 100% fatal. In up to 99% of cases, domestic dogs are responsible for rabies virus transmission to humans. Vaccination of the animal is the most effective method of breaking the transmission vector. The City of Grand Terrace is responsible for public safety. As part of that responsibility ordinances defining the responsibility of pet owners to have their dogs licensed and vaccinated. All dog owners must show proof of vaccination before a license is issued. The current Municipal Code has no provision for immediate action to ensure that animals are licensed and vaccinated. Under the existing ordinance, there is no mechanism other than code enforcement citation to compel compliance. As a result, the City has several pet owners who do not comply with the provisions of this code. DISCUSSION: Pet owners who do not have their dogs vaccinated pose a threat to public health and safety. Impoundment and vaccination of unvaccinated animals is an effective and efficient method of protecting the public by breaking the transmission vector for rabies. This allows for immediate action limiting the time an unvaccinated animal may remain a vector for the disease. ENVIRONMENTAL IMPACTS G.16 Packet Pg. 175 None. FISCAL IMPACT: There will be a minor increase in license fees collected. There will be a minor increase in shelter utilization. ATTACHMENTS: • Modified Document GT Animal Ordinance Revision (DOCX) APPROVALS: Konrad Bolowich Completed 08/01/2022 10:38 AM City Manager Completed 08/03/2022 2:46 PM City Council Pending 08/09/2022 6:00 PM G.16 Packet Pg. 176 01247.0001/805250.2 ORDINANCE NO. _________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING SECTION 6.04.090 (IMPOUNDMENT OF ANIMALS) OF CHAPTER 6.04 (ANIMAL CONTROL) OF TITLE 6 (ANIMALS) OF THE GRAND TERRACE MUNICIPAL CODE, WHICH AMENDS THE CITY’S ANIMAL CONTROL REGULATIONS PERTAINING TO IMPOUNDMENT OF ANIMALS WHEREAS, the City of Grand Terrace has adopted Chapter 6.04 of Title 6 of the Grand Terrace Municipal Code establishing animal control rules and regulations; and WHEREAS, Grand Terrace Municipal Code Chapter 6.08.010 requires that every resident in the City who owns, has an interest in, houses, harbors and feeds, and/or has the care, charge, custody or possession of a dog four months of age or over, and whether such dog is confined or not, shall obtain a dog license from the City for such a dog; and WHEREAS, Grand Terrace Municipal Code Chapter 6.08.010 also requires that each dog shall have a current rabies vaccination as evidenced by a valid rabies vaccination certificate issued by the veterinarian who performed the vaccination as a prerequisite to licensing; and WHEREAS, unvaccinated pets represent the greatest risk of rabies exposure to humans and are frequently the link between rabid wildlife and humans creating a public safety hazard; and WHEREAS, impoundment and vaccination of unvaccinated animals is an effective and efficient method of protecting the public and breaking the transmission vector for rabies; and WHEREAS, the City Council now desires to update regulations regarding impoundment of animals set forth in Subsections A through D, inclusive, of Section 6.04.090; and WHEREAS, it is the intent of this ordinance that Subsections E through G, inclusive, of Section 6.04.090 are unchanged and remain in effect. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The Recitals set forth above are incorporated herein by this reference. SECTION 2. Subsections A through D, inclusive, of Section 6.04.090 (Impoundment of Animals) of Chapter 6.04 (Animal Control) of Title 6 (Animals) are hereby amended and shall now read as follows: “6.04.090 - Impoundment of animals. G.16.a Packet Pg. 177 At t a c h m e n t : M o d i f i e d D o c u m e n t G T A n i m a l O r d i n a n c e R e v i s i o n ( A n i m a l C o n t r o l R e g u l a t i o n s ) 01247.0001/805250.2 A. Unrestrained or unlicensed dogs and nuisance animals may be taken by the police, animal control officers, or humane officers and impounded in an animal shelter and be confined there. B. All impounded animals shall be held for the time period specified by California State law unless an extended time is warranted and approved by the animal control supervisor. C. If a license tag or other means can identify the owner of an impounded animal identified, the impounding shelter and/or animal control officer shall make a reasonable effort to notify the owner. D. Unless otherwise provide by law, an owner reclaiming an impounded animal shall show proof of rabies vaccination, pay the required license fee, and pay any fees and/or fines as established by resolution of the City Council. Notices of violation and/or court citations may also be issued in conjunction with impoundment or reclaiming of the animal.” 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 cause the same to be published as 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 G.16.a Packet Pg. 178 At t a c h m e n t : M o d i f i e d D o c u m e n t G T A n i m a l O r d i n a n c e R e v i s i o n ( A n i m a l C o n t r o l R e g u l a t i o n s ) 01247.0001/805250.2 APPROVED AS TO FORM: ____________________________ Adrian R. Guerra City Attorney G.16.a Packet Pg. 179 At t a c h m e n t : M o d i f i e d D o c u m e n t G T A n i m a l O r d i n a n c e R e v i s i o n ( A n i m a l C o n t r o l R e g u l a t i o n s ) AGENDA REPORT MEETING DATE: August 9, 2022 Council Item TITLE: Street Renaming of Terrace Avenue PRESENTED BY: Luis Gardea, Building Official RECOMMENDATION: 1. Rename the entire street of Terrace Avenue within the city limits. 2. Authorize the City Manager to execute the name change. 2030 VISION STATEMENT: This staff report supports Goal #4, Develop and Implement Successful Partnerships and Goal #5, Engage in Proactive Communication. BACKGROUND: Terrace Avenue is a street that is at the west side of the city located north and south of Barton Road within a commercial zone. It is shared with the City of Colton and currently serves a few properties on the west side of the I-215 freeway. There are other surrounding streets that are mainly used by residents including Grand Terrace Road which is used to access Barton Road. Terrace Avenue and Grand Terrace Road run parallel to each other and are often confused by motorists caused by the close name resemblance. DISCUSSION: City staff performed multiple observations of vehicles in the area. To further mitigate the pass through of commercial vehicles over 5 tons in residential streets, staff recommends renaming Terrace Avenue to divert all heavy vehicles to the newly renamed street and restrict truck traffic from using Grand Terrace Road. The renaming process will be in consensus with the City of Colton street renaming guidelines since a portion of the street is within the Colton city limits. Staff would like to present Council with four recommended names that would be appropriate for renaming and would like for Council to select a name so staff can begin the renaming process. The names are the following: • Parsons Avenue (In commemoration of Pete Parsons, Grand Terrace volunteer and primary radio announcer for the Grand Terrace radio station). • River Trail Drive • Commercial Avenue • Old Farm Road G.17 Packet Pg. 180 Alternatively, the City Council may also select a name not listed above. FISCAL IMPACT: There will be no fiscal impact to the FY2022-23 Adopted Budget General Fund. APPROVALS: Luis Gardea Completed 07/29/2022 11:21 AM City Manager Completed 07/29/2022 12:21 PM City Council Pending 08/09/2022 6:00 PM G.17 Packet Pg. 181 AGENDA REPORT MEETING DATE: August 9, 2022 Council Item TITLE: Report on the Grand Terrace Truck Route Ordinance and Traffic Control Devices PRESENTED BY: Konrad Bolowich, City Manager RECOMMENDATION: Receive and File on the Grand Terrace Truck Route Ordinance and Traffic Control Devices 2030 VISION STATEMENT: This staff report supports Goal #2 "Maintain Public Safety" by investing in critical improvements to infrastructure. BACKGROUND: Article 10.04.630 of the Municipal Code identifies the designated truck routes are streets designated by the City Council to be used by any vehicle exceeding a maximum gross weight of 10,000 pounds. Designated truck routes are established and designed by the appropriate signs. DISCUSSION: City Ordinance has established truck routes on 4 major streets: • Barton Road (within Grand terrace City Limits) • Mt. Vernon from Barton Road to Main Street • Main street from the westerly City Limits to Mt. Vernon • La Cadena Drive (within Grand terrace City Limits) Trucks over 5 tons are prohibited to travel over other streets in the City with some exceptions (deliveries of goods, construction materials to permitted developments, public utility vehicles, emergency vehicles, etc.). Staff implemented measures to discourage truck drivers from using local streets by installing truck route signs and striping at appropriate locations as shown on the attachments. The Sherriff will also monitor the traffic and issue citations to violators including any commercial vehicles 5 tons or greater in residential streets who are not exempt. Additionally, Terrace Road is currently in the process of being renamed in order to direct all truck traffic on a commercial road and discourage use on any residential streets. ENVIRONMENTAL IMPACT: G.18 Packet Pg. 182 None FISCAL IMPACT: There will be no fiscal impact to the FY2022-23 Adopted Budget General Fund. ATTACHMENTS: • Traffic Signs Exhibit (PDF) APPROVALS: Konrad Bolowich Completed 08/03/2022 2:45 PM City Manager Completed 08/03/2022 2:46 PM City Council Pending 08/09/2022 6:00 PM G.18 Packet Pg. 183 Truck Route Signs M 6-1 R 5-2 R 14-1 R 3-5 G.18.a Packet Pg. 184 At t a c h m e n t : T r a f f i c S i g n s E x h i b i t ( T r u c k R o u t e O r d i n a n c e a n d T r a f f i c C o n t r o l D e v i c e s ) CITY OF GRAND TERRACE CITY COUNCIL MINUTES JULY 12, 2022 Council Chamber Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace ATTACHMENTS TO July 12, 2022 City Council Minutes PowerPoint Presentations Public Hearing for Refuse Rate Adjustments July 12, 2022 2030 VISION STATEMENT This staff report supports goal #1 Ensure Our Fiscal Viability by ensuring appropriate cost recovery for services BACKGROUND •The City of Grand Terrace contracts with Burrtec to provide refuse hauling services. •Rate increases will be proposed for both residential, multi- family, and commercial customers. •The last rate adjustment was approved December 2021 and went into affect January 1, 2022. •To meet Prop 218 requirements a Notice of Public Hearing was sent to all Burrtec customers on May 27, 2022. TONIGHT’S PRESENTATION •Residential Refuse Rates •96 Gallon Containers •64 Gallon Containers •How Our Rate Compares to Surrounding Cities •Commercial Refuse Rates RESIDENTIAL PROPOSED RATE INCREASE Service Type Current Rate Proposed Rate Cost Difference Standard -96 Gallon $30.62 $33.25 $2.63 64 Gallon Trash $29.12 $31.64 $2.52 Starbucks’ Tall Latte $3.75 LOCAL RESIDENTIAL RATES VS GRAND TERRACE PROPOSED RATE $24.16 $26.25 $26.86 $32.71 $33.25 $33.29 $34.83 $35.06 $35.75 $36.10 $4.54 $1.23 $1.76 $1.92 $2.63 $3.65 $2.11 $6.05 $4.03 $2.21 $0.00 $5.00 $10.00 $15.00 $20.00 $25.00 $30.00 $35.00 $40.00 $45.00 COMMERCIAL PROPOSED RATE INCREASE Service Type Current Rate Proposed Rate Commercial Front Load Refuse –96 gallon $43.65 $43.90 3 Yard Bin $206.95 $206.95 CONCLUSION •If approved, rates would go in effect August 1, 2022 •4 Returned Protests RECOMMENDATION •Conduct a public hearing to consider adoption of rate increases for solid waste collection services •Adopt Resolution setting forth new solid waste collection rates. MUNICIPAL PROGRAM OVERVIEW SENATE BILL 1383 (SLCP) AGENDA •Program Overview •Legislative Requirements •Collection System •Education & Outreach •Edible Food •Procurement •Enforcement •Reporting Elements PROGRAM OVERVIEW •Regulation Summary •Program Objectives •Checklist •CalRecycle’s Education Tool LEGISLATIVE REQUIREMENTS •Ordinance No. 335 Adopted Nov. 2021 •Enforcement Mechanisms COMMERCIAL COLLECTIONS BLACK / GRAYTRASH GREEN GREENWASTE BLUE RECYCLING BROWN FOODWASTE RESIDENTIAL COLLECTIONS BLACKTRASH GREEN ORGANICS BLUE RECYCLING A variety of outreach methods will be used to inform customers of program requirements including the following mandated items: •Methane gas reduction benefits •Organic waste reduction •How to recycle organic waste •Proper container utilization In order to provide feedback on material placement,route audits and waste characterizations will be utilized at some point during the program’s implementation to ensure its ongoing success.This may include container contamination warning tags. EDUCATION & OUTREACH EDUCATIONAL MATERIAL SENT TO RESIDENTS AND COMMERCIAL BUSINESSES June 2022 Postcards •Tier 1 & 2 Identification •Capacity Study •Education and Outreach •Onsite Consultation •Program Documentation •Data Tracking EDIBLE FOOD PROCUREMENT •Procurement Calculators •Material Availability •Program Development •Purchasing Policy ENFORCEMENT •Code Enforcement •Department Training •Information Collection •Complaint Inspections •Record Keeping REPORTING ELEMENTS •Enforceable Mechanisms •Program Descriptions •Organic Waste Service •Contamination Minimization •Route Reviews •Waste Evaluations •Waivers and Exemptions •Education and Outreach •Jurisdiction Hauler Program •Edible Food Recovery •Recovered Organic Waste Product (ROWP) Recovery •Paper Procurement •Inspection and Enforcement •Compliance Review •Complaint Investigation •Implementation Record Public Hearing for Refuse Rate Adjustments Thank you! Landscape and Lighting Assessment District No. 89-1 Public Hearing 7/12/2022 2030 Vision Statement Goal #1 –Ensure Our Fiscal Viability By Ensuring Appropriate Cost Recovery for Services Background 1989 the City required developers of Tract 13364 to form Assessment District No. 89-1 for the purpose of maintaining landscaping and lighting serving new projects. Tracts 14264 and 14471 were annexed into the District as Annexation No. 1 and there have been 5 subsequent annexations. 7 Tracts/Zones CITY OF GRAND TERRACE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1 ZONE 4 CITY OF GRAND TERRACE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1 ZONE 5 CITY OF GRAND TERRACE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1 ZONE 6 CITY OF GRAND TERRACE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1 ZONE 7 Recommendations 1.Conduct the Public Hearing. 2.Adoption of a resolution approving the Engineer’s Annual Levy Report and ordering the levy and collection of assessments within the City of Grand Terrace Landscaping and Lighting District for Fiscal Year 22-23. 3.Approve the Auditor-Controller/Treasurer/Tax Collector Agreements for Collection of Special Taxes, fees, and assessments for the District and City for FY 22-23. Total assessment for Fiscal Year 2022/2023 is $60,816.13 Landscape and Lighting Assessment District No. 89-1 Thank you! CITY OF GRAND TERRACE CITY COUNCIL MINUTES JULY 26, 2022 Council Chamber Regular Meeting 6:00 PM Grand Terrace Civic Center ● 22795 Barton Road City of Grand Terrace ATTACHMENTS TO July 26, 2022 City Council Minutes PowerPoint Presentations PUBLIC HEARING DELINQUENT REFUSE, SEWER, AND RENTAL INSPECTION FEES 7/26/2022 2030 Vision Goal #1 “Ensure Our Fiscal Viability” by ensuring appropriate cost recovery for sewer, trash, and rental inspection services previously rendered. Grand Terrace Municipal Code 5.42 (Integrated Waste Management) 5.80 (Non -owner occupied/rental property program) 13.08 (Sewer User Charges) REFUSE, SEWER, AND RENTAL FEES City of Grand Terrace City of Colton Burrtec Waste Industries Rental Property San Bernardino County Tax Assessor Residential Refuse and Sewer Accounts •As if July 15th there were 202 delinquent refuse and sewer accounts equaling over $95,886. Commercial Sewer Accounts •As if July 15th there were 5 delinquent commercial sewer accounts equaling over $6,178. Rental Property Stats Type of Rental Quantity Single Family Homes 274 Condos 46 Apartments (5 or more units)15 Duplexes 21 Triplexes 5 Fourplexes 20 TOTAL 381 As if July 15th there were 32 delinquent rental accounts equaling over $4,029. Recommendations 1.Conduct A PUBLIC HEARING TO HEAR APPEALS OF DELINQUENT FEES THAT ARE PROPOSED FOR ASSESSMENT ON THE TAX ROLLS OF THE COUNTY ASSESSOR. 2.Adopt A RESOLUTION ADOPTING A REPORT OF DELINQUENT REFUSE,SEWER USER FEES,AND A REPORT OF DELINQUENT NON-OWNER OCCUPIED RENTAL PROPERTY FEES.DIRECTING THAT SUCH DELINQUENT FEES BE COLLECTED ON THE TAX ROLL AND BE IMPOSED AS AN ASSESSMENT UPON PROPERTY WITHIN THE CITY OF GRAND TERRACE. PUBLIC HEARING DELINQUENT REFUSE, SEWER, AND RENTAL INSPECTION FEES THANK YOU!