05/23/2023CITY OF GRAND TERRACE
CITY COUNCIL
AGENDA ● MAY 23, 2023
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: 821 5515 1661
Password: 603830
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) 954-5207 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) 954-5207,
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) 954-5207 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 [28 CFR
34.102.104 ADA Title II].
Agenda Grand Terrace City Council May 23, 2023
City of Grand Terrace Page 2
CALL TO ORDER
Convene City Council
Invocation
Pledge of Allegiance
AB 2449 Disclosures
Remote participation by a member of the legislative body for just cause or emergency
circumstances.
Roll Call
Attendee Name Present Absent Late Arrived
Mayor Bill Hussey
Mayor Pro Tem Doug Wilson
Council Member Sylvia Rodriguez-Robles
Council Member Jeff Allen
Council Member Kenneth J. Henderson
A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA
B. SPECIAL PRESENTATIONS
Certificate of Recognition – The Salvation Army
Grand Terrace Community Advocacy Project
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 – Special Meeting Workshop – 05/09/2023
DEPARTMENT: CITY CLERK
Agenda Grand Terrace City Council May 23, 2023
City of Grand Terrace Page 3
3. Approval of Minutes – Regular Meeting – 05/09/2023
DEPARTMENT: CITY CLERK
4. Approval of Annual Appropriations Limit for Fiscal Year 2023-24, Including Adoption of
the Price Factor and Population Change Factor for the Appropriations Limit Calculation
RECOMMENDATION:
(1) Approve the selection of the Change in Per Capita Personal Income of 4.44% as the
Price Factor for the Fiscal Year 2023-24 Appropriations Limit Calculation; and
(2) Approve the selection of the Change in the County of San Bernardino Population of
0.12% as the Population Change Factor for the Fiscal Year 2023-2024
Appropriations Limit Calculation; and
(3) Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, ESTABLISHING THE APPROPRIATIONS LIMIT FOR
FISCAL YEAR 2023-24, INCLUDING ADOPTION OF THE PRICE FACTOR AND
POPULATION CHANGE FACTOR FOR THE APPROPRIATIONS LIMIT
CALCULATION
DEPARTMENT: FINANCE
5. Approval of an Agreement with San Bernardino County for the Allocation of Opioid
Settlement Funds
RECOMMENDATION:
Approve Allocation Agreement with the County of San Bernardino, Allocating the City’s
Portion of the Opioid Settlement Funds to the County
DEPARTMENT: CITY MANAGER
6. Authorize Purchase Order for Replacement Street Signs
RECOMMENDATION:
1. Authorize the expenditure of $11,038.13 from ARPA Fund (Fund 94) for the
purchase of replacement of City street signs
2. Authorize the City Manager to execute a purchase order, and all necessary future
purchase orders up to the remaining $93,253 as approved at the Regular Meeting of
the City Council on April 26, 2022, to procure City street signs
DEPARTMENT: PUBLIC WORKS
7. Approve an Amended and Restated Agreement No. 2 with Lynn Merrill and Associates
RECOMMENDATION:
1. Approve an Amended and Restated Agreement No. 2 with Lynn Merrill and
Associates, Inc. to extend the Contract End Date from June 1, 2023, to June 30,
2024, at no additional cost
2. Authorize the City Manager to execute the Amended and Restated Agreement
subject to City Attorney approval as to form
DEPARTMENT: PUBLIC WORKS
Agenda Grand Terrace City Council May 23, 2023
City of Grand Terrace Page 4
8. An Agreement Between the City of Grand Terrace and Michael Baker International -
Housing Element Consultant Services to Complete the 2021-2029 HCD Response to
Comments and Obtain an Adopted Housing Element
RECOMMENDATION:
1. Approve a Professional Services Agreement Between the City of Grand Terrace and
Michael Baker International for Housing Element Consultant Services for the 2021-
2029 Housing Element Response to HCD Comments and Housing Element
Adoption in the amount of $40,250.00 with a 10% contingency of $4,025.00;
2. Authorize the City Manager to Execute the Agreement subject to the City Attorney's
approval as to form; and
3. Authorize the appropriation of the following funding sources: Local Early Action
Planning (LEAP) Grant of $20,000.00 and General Fund of $20,250.00.
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
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
9. Adoption of the FY2023-24 Proposed Budget
RECOMMENDATION:
1. Adopt a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, ADOPTING THE ANNUAL BUDGET FOR FISCAL
YEAR 2023-2024.
DEPARTMENT: FINANCE
Agenda Grand Terrace City Council May 23, 2023
City of Grand Terrace Page 5
G. NEW BUSINESS
10. Approve the Re-Location of the Trash Enclosure at Veterans Freedom Park and
Approve an Agreement with Martin Lucio for the Demolition and Construction of a New
Trash Enclosure and Authorize the City Manager to Execute the Agreement Subject to
City Attorney Approval as to Form.
RECOMMENDATION:
1. Approve the Re-Location of the Trash Enclosure at Veterans Freedom Park
2. Approve an Agreement with Martin Lucio (CSLB# 1031403) for the Construction of a
New Trash Enclosure at Veterans Freedom Park in the amount of $33,000 with a
10% Contingency ($3,300).
3. Authorize the City Manager to execute the Agreement subject to City Attorney
approval as to form.
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL
Pursuant to City Council policy set forth in the 2030 Vision and 2014 ‐2020 Strategic
Plan, if a City Council Member is interested in a task or project that will require more
than one hour of staff time to complete, the item will be agendized to ask the City
Council if time should be spent on preparing a report on the proposed item. In
accordance with this policy, this is the opportunity for City Council Members to request
that an item be placed on a future agenda and authorize staff to prepare an agenda
report. To ensure compliance with the Brown Act, the request shall be submitted to the
City Manager at least one week in advance of the meeting so that the topic can be
included on the agenda under this section. In order for any listed item to be placed on a
future agenda, the City Council must act by formal motion (i.e., requires a motion and a
second) to direct the City Manager to place the item on a future agenda. Pursuant to the
requirements of the Brown Act, no other items may be considered other than those
listed below.
1. Good Landlord Rental Program Discussion
Requested by: Council Member Jeff Allen
2. Retroactive Requirement to Secure all Trash Enclosures Throughout the City
Requested by: Council Member Jeff Allen
I. CITY COUNCIL COMMUNICATIONS
Council Member Kenneth J. Henderson
Council Member Jeff Allen
Agenda Grand Terrace City Council May 23, 2023
City of Grand Terrace Page 6
Council Member Sylvia Robles
Mayor Pro Tempore Doug Wilson
Mayor Bill Hussey
J. CITY MANAGER COMMUNICATIONS
K. RECESS TO CLOSED SESSION
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant Exposure to Litigation Pursuant to Government Code Section
54956.9(b)
Number of Cases: One (1)
RECONVENE TO OPEN SESSION
REPORT OUT OF CLOSED SESSION
L. ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, June 13, 2023, 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 ● MAY 9, 2023
Council Chambers Special Meeting Workshop 4:30 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
CALL TO ORDER
Mayor Bill Hussey convened the Special Meeting Workshop of the City Council for
Tuesday, May 9, 2023, at 4:30 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Hussey.
Attendee Name Title Status Arrived
Bill Hussey Mayor Present
Doug Wilson Mayor Pro Tem Present
Sylvia Rodriguez-Robles Council Member Absent
Jeff Allen Council Member Present
Kenneth J. Henderson Council Member Present
Konrad Bolowich City Manager Present
Adrian Guerra City Attorney Present
Debra Thomas City Clerk Present
Christine Clayton Finance Director Present
A. NEW BUSINESS
1. BUDGET WORKSHOP FY2023-2024
Christine Clayton, Finance Director gave the PowerPoint presentation for this item.
Each department commented on its completed projects and upcoming priority projects
for FY2023-2024.
B. PUBLIC COMMENT
None.
C.2
Packet Pg. 7
Mi
n
u
t
e
s
A
c
c
e
p
t
a
n
c
e
:
M
i
n
u
t
e
s
o
f
M
a
y
9
,
2
0
2
3
4
:
3
0
P
M
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
Minutes Grand Terrace City Council May 9, 2023
City of Grand Terrace Page 2
ADJOURN
Mayor Hussey adjourned the Special Meeting Workshop at 6:05 p.m. The Next Regular
City Council Meeting will be held on Tuesday, May 9, 2023, at 6:00 p.m.
_________________________________
Bill Hussey, Mayor
_________________________________
Debra L. Thomas, City Clerk
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
M
a
y
9
,
2
0
2
3
4
:
3
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 ● MAY 9, 2023
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
CALL TO ORDER
Mayor Bill Hussey convened the Regular Meeting of the City Council for Tuesday,
May 9, 2023, at 6:12 p.m.
Invocation
The Invocation was led by Pastor Mark Matthews from Grand View Baptist Church.
Pledge of Allegiance
The Pledge of Allegiance was led by Mayor Hussey.
AB 2449 Disclosures
None.
Attendee Name Title Status Arrived
Bill Hussey Mayor Present
Doug Wilson Mayor Pro Tem Present
Sylvia Rodriguez-Robles Council Member Absent
Jeff Allen Council Member Present
Kenneth J. Henderson Council Member Present
Konrad Bolowich City Manager Present
Adrian Guerra City Attorney Present
Debra Thomas City Clerk Present
Christine Clayton Finance Director Present
A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA
None.
B. SPECIAL PRESENTATIONS
Claudia Cooley, Grand Terrace Chamber of Commerce President provided the City
Council with information on the newly re-established organization and requested
funding from the City.
C.3
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
M
a
y
9
,
2
0
2
3
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 May 9, 2023
City of Grand Terrace Page 2
C. CONSENT CALENDAR
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeff Allen, Council Member
SECONDER: Kenneth J. Henderson, Council Member
AYES: Bill Hussey, Doug Wilson, Jeff Allen, Kenneth J. Henderson
ABSENT: Sylvia Rodriguez-Robles
1. Waive Full Reading of Ordinances on Agenda
2. Approval of Minutes – Regular Meeting – 04/25/2023
APPROVE THE REGULAR MEETING MINUTES FOR APRIL 25, 2023
3. March 2, 2023 Planning Commission, March 9, 2023 Parks & Recreation Committee
and March 6, 2023 and April 3, 2023 Historical & Cultural Activities Committee Meeting
Minutes Update
RECEIVE AND FILE.
4. Consideration of a General Plan Conformity Finding Regarding the Sale of Excess City
Land Acquired from the San Bernardino County Transportation Agency ("SBCTA")
(APNS 1167-231-10 and 1167-231-22) and Approval of an Agreement for Purchase &
Sale of Real Estate and Joint Escrow Instructions, Relating to the Sale of Such Excess
City Land Acquired from the SBCTA to Salam A. Yasin, Trustee of the Salam Yasin
Living Trust Dated July 12, 2020
ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE MAKING A GENERAL PLAN CONFORMANCE FINDING RELATING TO
THE SALE OF EXCESS CITY LAND (APNS 1167-231-10 AND 1167-231-22)
RECENTLY ACQUIRED FROM THE SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY (“SBCTA”); APPROVAL OF THE AGREEMENT
FOR PURCHASE & SALE OF REAL ESTATE AND JOINT ESCROW
INSTRUCTIONS, RELATING TO THE SALE OF EXCESS CITY LAND RECENTLY
ACQUIRED FROM SBCTA TO SALAM A. YASIN, TRUSTEE OF THE SALAM YASIN
LIVING TRUST DATED JULY 12 2020, FOR $141,000, FINDING THIS IS NOT A
PROJECT AND/OR IT IS EXEMPT FROM CEQA PURSUANT TO CEQA
REGULATIONS 15060(C)(3), 15061(B)(3), 15378(B)(5); AND APPROVING SUCH
AGREEMENT; AND AUTHORIZING THE MAYOR TO SIGN THEREOF SUBJECT TO
CITY ATTORNEY APPROVAL AS TO FORM
5. Authorize Purchase Order to Motive Energy for Senior Bus Electric Charging Station
1. AUTHORIZE THE EXPENDITURE OF UP TO $52,000 FROM SENIOR BUS
PROGRAM FUND (FUND 65) FOR THE PURCHASE OF AN ELECTRIC
CHARGING STATION
2. AUTHORIZE CITY MANAGER TO EXECUTE A PURCHASE ORDER AND ALL
NECESSARY SALES DOCUMENTATION TO PROCURE AN ELECTRIC
C.3
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
M
a
y
9
,
2
0
2
3
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 May 9, 2023
City of Grand Terrace Page 3
CHARGING STATION AND INSTALLATION FOR THE SENIOR BUS PROGRAM
NOT TO EXCEED THE GRANT AWARDED AMOUNT
6. Authorize Purchase Order for Richard Rollins and Veterans Park Playground Surface
Replacement with Per Capital Grant and General Fund Monies
1. AUTHORIZE THE EXPENDITURE OF UP TO $44,194 FROM PARKS FUND
(FUND 49) AND GENERAL FUND (FUND 10) FOR THE REPLACEMENT OF
PLAYGROUND SURFACE AT VETERANS PARK
2. AUTHORIZE THE EXPENDITURE OF UP TO $152,266 FROM PARKS FUND
(FUND 49) AND GENERAL FUND (FUND 10) FOR THE REPLACEMENT OF
PLAYGROUND SURFACE AT RICHARD ROLLINS PARK
3. AUTHORIZE CITY MANAGER TO EXECUTE A PURCHASE ORDER AND ALL
NECESSARY SALES DOCUMENTATION TO SECURE REPLACEMENT
PLAYGROUND SURFACE AND INSTALLATION
7. Cooperative Agreement Between the City of Grand Terrace and City of Colton for the
Asphalt Paving Project at Litton Avenue, Rosedale Avenue, and Palm Avenue.
1. APPROVE A COOPERATIVE AGREEMENT BETWEEN THE CITY OF GRAND
TERRACE AND CITY OF COLTON FOR THE ASPHALT PAVING PROJECT AT
LITTON AVENUE, ROSEDALE AVENUE, AND PALM AVENUE.
2. AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT.
D. PUBLIC COMMENT
Frank Audi, Grand Terrace commented on a code enforcement violation he received.
Virginia Fernandez, Grand Terrace commented on multiple potholes in her
neighborhood that have not been filled and a streetlight that is out at Grand Terrace
Road and Vista Grande Way.
Bobbie Forbes, Grand Terrace commented on graffiti in the City and a streetlight that is
out on Commerce Way.
E. PUBLIC HEARINGS - NONE
F. UNFINISHED BUSINESS - NONE
C.3
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
M
a
y
9
,
2
0
2
3
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 May 9, 2023
City of Grand Terrace Page 4
G. NEW BUSINESS
8. Introduction of the FY2023-24 Proposed Budget
Christine Clayton, Finance Director gave the staff report and PowerPoint presentation
for this item.
1. REVIEW THE PROPOSED BUDGET FOR FISCAL YEAR 2023-24; AND
2. BEGIN BUDGET DELIBERATIONS FOR THE PROPOSED BUDGET FOR
FISCAL YEAR 2023-24 ON MAY 23, 2023.
RESULT: NO ACTION TAKEN
H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE
I. CITY COUNCIL COMMUNICATIONS
Council Member Kenneth J. Henderson
Council Member Kenneth Henderson commented on board meetings and events that
he attended. Click here for the report.
Council Member Jeff Allen
Council Member Jeff Allen commented on board meetings and events that he attended.
Click here for the report.
Mayor Pro Tempore Doug Wilson
Mayor Pro Tem Doug Wilson has nothing to report on meetings and events he has
attended.
Mayor Bill Hussey
Mayor Bill Hussey commented on board meetings and events that he attended. Click
here for the report.
J. CITY MANAGER COMMUNICATIONS
City Manager Konrad Bolowich announced that the following streets will be receiving
repairs:
• Pico
• Van Buren
• Michigan
• Vivienda
C.3
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
M
a
y
9
,
2
0
2
3
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 May 9, 2023
City of Grand Terrace Page 5
• La Cadena
• Palm
If possible, some additional washed-out areas will also be included.
Another project that will be worked on is the storm drain at Van Buren and Mt. Vernon.
K. CLOSED SESSION - NONE
L. ADJOURN
Mayor Hussey adjourned the Regular Meeting of the City Council at 7:45 p.m. in
memory of Grand Terrace resident, Anne Wade-Hornsby. The Next Regular City
Council meeting will be held on Tuesday, May 23, 2023, at 6:00 p.m.
_________________________________
Bill Hussey, Mayor
_________________________________
Debra L. Thomas, City Clerk
C.3
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
M
a
y
9
,
2
0
2
3
6
:
0
0
P
M
(
C
o
n
s
e
n
t
C
a
l
e
n
d
a
r
)
AGENDA REPORT
MEETING DATE: May 23, 2023 Council Item
TITLE: Approval of Annual Appropriations Limit for Fiscal Year
2023-24, Including Adoption of the Price Factor and
Population Change Factor for the Appropriations Limit
Calculation
PRESENTED BY: Christine Clayton, Finance Director
RECOMMENDATION: (1) Approve the selection of the Change in Per Capita
Personal Income of 4.44% as the Price Factor for the Fiscal
Year 2023-24 Appropriations Limit Calculation; and
(2) Approve the selection of the Change in County of San
Bernardino Population of 0.12% as the Population Change
Factor for the Fiscal Year 2023-2024 Appropriations Limit
Calculation; and
(3) Adopt A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF GRAND TERRACE, CALIFORNIA,
ESTABLISHING THE APPROPRIATIONS LIMIT FOR
FISCAL YEAR 2023-24, INCLUDING ADOPTION OF THE
PRICE FACTOR AND POPULATION CHANGE FACTOR
FOR THE APPROPRIATIONS LIMIT CALCULATION
2030 VISION STATEMENT:
This staff report supports City Council Goal #1, “Ensure Our Fiscal Viability,” through
the continuous monitoring of revenue receipts and expenditure disbursements against
approved budget appropriations.
BACKGROUND:
On November 6, 1979, California voters approved the Gann Spending Limitation
Initiative (Proposition 4) establishing Article XIIIB of the State Constitution. Article XIIIB
sets limits on the amount of tax revenues that the State and most local governments
can appropriate within a given fiscal year. Its basic provisions are as follows:
• Each year, the State and local governments must adopt a resolution establishing
an Appropriations Limit, also known as the “Gann Limit”. Fiscal Year 1984-85
appropriations serve as the base for this limit, with adjustments being made
annually to reflect increases in population, the cost of living, and financial
responsibility transfers.
C.4
Packet Pg. 14
• Only tax proceeds are subject to the limit. Charges for services, regulatory fees,
grants, loans, donations, and other non-tax proceeds are not subject to the limit.
Exemptions are also made for voter-approved debt, debt that existed prior to
January 1, 1979, and for the cost of compliance with court or Federal
government mandates.
• All tax revenues received in excess of the Appropriations Limit must be refunded
to taxpayers within a two-year period.
• The voters may approve an increase in the Appropriations Limit. For the
increase to remain in effect, however, it must be re-approved by voters at four-
year intervals.
On June 5, 1990, California voters approved the Traffic Congestion Relief and Spending
Limitation Act (Proposition 111), which made various amendments to Article XIIIB of the
State Constitution. The major changes, which became effective July 1, 1990, are as
follows:
• The change in the cost of living is defined to be either the change in California
per capita personal income or the change in assessed valuation due to the
addition of non-residential new construction. Previously, the change in the cost
of living was defined as the lesser of the change in the U.S. Consumer Price
Index or the change in California per capita personal income.
• The change in population is defined as either a change in the City’s population or
a change in the County’s population, whichever is greater.
• “Qualified capital outlay projects” were added to the items exempted from the
Appropriations Limit. Qualified capital outlay projects must have a useful life of
ten or more years and a cost that equals or exceeds $100,000.
• Tax revenues received in excess of the Appropriations Limit must be refunded to
taxpayers only if the limit is exceeded over a two-year period.
The annual calculation of the Appropriations Limit must be reviewed as part of the City’s
annual financial audit.
DISCUSSION:
As indicated above, Proposition 111 made several changes to the method used to
calculate the Appropriations Limit. The change in the cost of living (or “price factor”) is
defined to be either the change in California per capita personal income or the change
in assessed valuation due to the addition of non-residential new construction. Following
are the two options for the City’s FY 2023-24 Appropriations Limit calculation:
1) Change in California per capita personal income (provided by California
Department of Finance): 4.44%
2) Change in Grand Terrace assessed valuation from 2023 to 2024 due to the
C.4
Packet Pg. 15
addition of non-residential new construction: This information is not yet available
from the County Assessor’s office. When the data is available, if it is greater than
the change in California per capita personal income, the Appropriations Limit will
be revised and resubmitted to the City Council for approval.
Based on the above information, the change in California’s per capita personal income
has been used as the price factor for the FY 2023-24 Appropriations Limit calculation.
The “population factor” to be used in calculating the Appropriations Limit is defined by
Proposition 111 as either a change in the City’s population or a change in the County’s
population, whichever is greater. Per information provided by the California Department
of Finance, the following are the population changes from 2023 to 2024:
1) Change in the City of Grand Terrace population: (-0.73%)
2) Change in San Bernardino County population: 0.12%
Since Option 2 (change in San Bernardino County population) is greater than the City of
Grand Terrace population change, it is recommended to be used as the population
factor for the FY 2023-24 Appropriations Limit calculation.
Exhibit A provides the calculation of the FY 2023-24 Appropriations Limit using the
recommended price and population factors. Exhibit B identifies the revenues that are
classified as tax proceeds and those that are classified as non-tax proceeds for
Appropriations Limit purposes. Exhibit C is the Department of Finance letter providing
the per capita personal income and population change information used in the
Appropriations Limit calculation.
The City’s Appropriations Limit for FY 2022-23 was $17,438,676. The recommended
change factor, as allowed by Proposition 111 due to cost of living and population
changes, is 1.0457. This results in an FY 2023-24 Appropriations Limit of $18,781,454.
The FY 2023-24 Proposed Budget contains appropriations subject to the Appropriations
Limit of $6,041,251 which is $12,740,204 below the City’s legal limit.
FISCAL IMPACT:
There is no fiscal impact associated with the adoption of the FY 2023-24 Appropriations
Limit, as the City is safely within its legal appropriations limit for FY 2023-24.
ATTACHMENTS:
• FY 2023-24 Appropriations Limit Resolution (PDF)
• Exhibit A- FY 2023-24 Appropriations Limit Calculation (PDF)
• Exhibit B - Revenue Classification (PDF)
• Exhibit C - DOF Price and Population Letter 2023 (PDF)
C.4
Packet Pg. 16
APPROVALS:
Christine Clayton Completed 05/12/2023 11:09 AM
Finance Completed 05/12/2023 11:09 AM
City Manager Completed 05/17/2023 12:47 PM
City Council Pending 05/23/2023 6:00 PM
C.4
Packet Pg. 17
Page 1 of 3
RESOLUTION NO. 2023-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE, CALIFORNIA, ESTABLISHING THE
APPROPRIATIONS LIMIT FOR FISCAL YEAR 2023-24,
INCLUDING ADOPTION OF THE PRICE FACTOR AND
POPULATION CHANGE FACTOR FOR THE APPROPRIATIONS
LIMIT CALCULATION
Recitals
WHEREAS, Article XlllB of the California Constitution and Section 7910 of the California
Government Code require that each year the City of Grand Terrace shall by resolution, establish
an Appropriations Limit for the fiscal year; and
WHEREAS, the City Council has adopted the Budget for Fiscal Year 2023-24 on May 23,
2023 and has prepared adjustments to said budget, a copy of which is on file in the Office of the
City Clerk and available for public inspection, and
WHEREAS, the said Budget and proposed amendments contains the estimates of the
services, activities and projects comprising the budget, and contains expenditure requirements
and the resources available to the City; and
WHEREAS, the City’s Finance Department has prepared calculations and documentation
required for and to be used in the determination of certain matters and for the establishment of
an Appropriations Limit for the City for Fiscal Year 2023-24; and
WHEREAS, in accordance with Section 7910 of the California Government Code,
documentation used in the determination of the appropriations limit and other necessary
determinations was made available to the public in accordance with the requirements set forth
therein; and
WHEREAS, the City Council has considered pertinent data such as price and population
factors and made such determinations as may be required by law, and has adopted this
Resolution at a regularly scheduled meeting of the City Council: and
WHEREAS, the Appropriations Limit for the City of Grand Terrace for Fiscal Year 2023-
24 is hereby established at $18,781,454 and the total annual appropriations subject to such
limitation for Fiscal Year 2023-24 are determined to be $6,041,251.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. That $18,781,454 is hereby established as the Appropriations Limit for the City of
Grand Terrace for Fiscal Year 2023-24.
2. The City Council hereby adopts the findings and methods of calculation set forth
in Exhibit A (Appropriations Limit Calculation) and Exhibit B (Proceeds of Tax Calculation).
C.4.a
Packet Pg. 18
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
A
p
p
r
o
p
r
i
a
t
i
o
n
s
L
i
m
i
t
R
e
s
o
l
u
t
i
o
n
(
G
A
N
N
L
i
m
i
t
)
Page 2 of 3
3. The City of Grand Terrace reserves the right to revise the factors associated with
the calculation of the limit established pursuant to Article XlllB of the California Constitution if such
changes or revisions would result in a more advantageous Appropriations Limit in the future.
4. If any section, subsection, sentence, clause, phrase, or portion of this Resolution
is for any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution.
The City Council of the City of Grand Terrace hereby declares that it would have adopted this
Resolution and each section, subsection, sentence, clause, phrase, or portion thereof irrespective
of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions
be declared invalid or unconstitutional.
5. The City Clerk shall certify to the adoption of this Resolution.
6. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED by the City Council of Grand Terrace at a regular
meeting held on the 23rd day of May, 2023.
________________________________
William Hussey
Mayor
ATTEST:
__________________________________
Debra L. Thomas
City Clerk
APPROVED AS TO FORM:
__________________________________
Adrian R. Guerra
City Attorney
C.4.a
Packet Pg. 19
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
A
p
p
r
o
p
r
i
a
t
i
o
n
s
L
i
m
i
t
R
e
s
o
l
u
t
i
o
n
(
G
A
N
N
L
i
m
i
t
)
Page 3 of 3
C.4.a
Packet Pg. 20
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
A
p
p
r
o
p
r
i
a
t
i
o
n
s
L
i
m
i
t
R
e
s
o
l
u
t
i
o
n
(
G
A
N
N
L
i
m
i
t
)
APPROPRIATIONS SUBJECT TO THE LIMIT
FY 2023-24 Total Revenue 12,175,655$
Less Non-Proceeds of Tax 6,134,404
A) Total Appropriations Subject to the Limit 6,041,251$
APPROPRIATIONS LIMIT
B) FY 2022-23 Appropriations Limit 17,438,676
C) Change Factor**% Increase Factor
Cost of Living Adjustment 4.44 1.0444
Population Adjustment 0.12 1.0012
Change Factor (1.0755 x 1.0014)1.0457
D) Increase (decrease) in Appropriations Limit 1,342,778$
E) FY 2023-24 Appropriations Limit (B x C)18,781,454$
REMAINING APPROPRIATIONS CAPACITY (E-A)12,740,204$
Remaining Capacity as Percent of the FY 2023-24
Appropriations Limit 67.83%
*Revenues are based on FY 2023-24 Proposed Budget (all City funds excluding Successor Agency).
** State Department of Finance
Percent of Change in California Per Capita Income
Percent of Change in San Bernardino County Population
EXHIBIT A
CITY OF GRAND TERRACE
APPROPRIATIONS (GANN) LIMIT CALCULATION
FISCAL YEAR 2023-24
C.4.b
Packet Pg. 21
At
t
a
c
h
m
e
n
t
:
E
x
h
i
b
i
t
A
-
F
Y
2
0
2
3
-
2
4
A
p
p
r
o
p
r
i
a
t
i
o
n
s
L
i
m
i
t
C
a
l
c
u
l
a
t
i
o
n
(
G
A
N
N
L
i
m
i
t
)
CITY OF GRAND TERRACE
APPROPRIATIONS (GANN) LIMIT
PROCEEDS OF TAX CALCULATION
FISCAL YEAR 2023-24
BUDGETED BUDGETED
PROCEEDS NON-PROCEEDS TOTAL
REVENUE SOURCE OF TAX OF TAX REVENUE
TAXES
Property Tax (1)4,701,195$ 4,701,195$
Sales Tax (2) 1,234,000 1,234,000
Business License Tax 94,000 94,000
FEES
Franchise Fees 650,000$ 650,000
Building Fees 207,000$ 207,000
Planning Fees 354,000$ 354,000
Other Permits/Fees 424,870$ 424,870
Intergovernmental 2,393,597$ 2,393,597
Use of Money & Property 344,109$ 344,109
Gas Tax/Highway User Fees 668,000$ 668,000
Measure "I" Transportation 300,000$ 300,000
SLESF (AB 3229 COPS)165,000$ 165,000
CDBG 56,020$ 56,020
Other 60,710$ 60,710
OPERATING BUDGET SUBTOTAL 6,029,195$ 5,623,306$ 11,652,501$
% of Total 51.74%48.26%100.00%
Interest Allocation (3)12,056 11,244 23,300
CAPITAL PROJECT FUNDING
Gas Tax/Measure "I"/Transfers 499,854 499,854
State Grants - -
Bond Proceeds - -
CAPITAL PROJECT SUBTOTAL -$ 499,854$ 499,854$
TOTAL 6,041,251$ 6,134,404$ 12,175,655$
Revenues are based on FY 2023-24 Proposed Budget (all City funds excluding Successor Agency).
Notes:
(1) Includes Property Tax In-Lieu of Vehicle License Fees & RPTTF Residual Receipts
(2) Includes Property Tax In-Lieu of Sales Tax
(3) Based on percentage of Tax/Non-Tax Proceeds
EXHIBIT B
C.4.c
Packet Pg. 22
At
t
a
c
h
m
e
n
t
:
E
x
h
i
b
i
t
B
-
R
e
v
e
n
u
e
C
l
a
s
s
i
f
i
c
a
t
i
o
n
(
G
A
N
N
L
i
m
i
t
)
May 2023
Dear Fiscal Officer:
Subject: Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code section 2227 requires the Department of Finance (Finance)
to transmit an estimate of the percentage change in population to local governments. Each local
jurisdiction must use their percentage change in population factor for January 1, 2023, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations
limit for fiscal year 2023-24. Attachment A provides the change in California’s per capita personal
income and an example for utilizing the price factor and population percentage change factor
to calculate the 2023-24 appropriations limit. Attachment B provides the city and unincorporated county population percentage change. Attachment C provides the population percentage
change for counties and their summed incorporated areas. The population percentage change
data excludes federal and state institutionalized populations and military populations.
Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and
Taxation Code section 2228 provides additional information regarding the appropriations limit.
Article XIII B, section 9(C) of the California Constitution exempts certain special districts from the appropriations limit calculation mandate. The code section and the California Constitution can
be accessed at the following website: http://leginfo.legislature.ca.gov/faces/codes.xhtml.
Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this requirement should be
directed to their county, district legal counsel, or the law itself. No state agency reviews the local
appropriations limits.
Population Certification
The population certification program applies only to cities and counties. California Revenue and
Taxation Code section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller’s Office. Finance will certify the higher estimate to the State Controller by June 1, 2023.
Please Note: The prior year’s city population estimates may be revised. The per capita personal income change is based on historical data.
If you have any questions regarding this data, please contact the Demographic Research Unit at
(916) 323-4086.
JOE SPEPHENSHAW
Director
By:
Erika Li Chief Deputy Director
Attachment
C.4.d
Packet Pg. 23
At
t
a
c
h
m
e
n
t
:
E
x
h
i
b
i
t
C
-
D
O
F
P
r
i
c
e
a
n
d
P
o
p
u
l
a
t
i
o
n
L
e
t
t
e
r
2
0
2
3
(
G
A
N
N
L
i
m
i
t
)
May 2023 Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living
factor to compute their appropriation limit by a vote of their governing body. The
cost of living factor provided here is per capita personal income. If the percentage
change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2023-24 appropriation limit is:
Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2023-24 4.44
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2023-24
appropriation limit.
2023-24:
Per Capita Cost of Living Change = 4.44 percent
Population Change = -0.35 percent
Per Capita Cost of Living converted to a ratio: 4.44 + 100 = 1.0444
100
Population converted to a ratio: -0.35 + 100 = 0.9965
100
Calculation of factor for FY 2023-24: 1.0444 x 0.9965 = 1.0407
C.4.d
Packet Pg. 24
At
t
a
c
h
m
e
n
t
:
E
x
h
i
b
i
t
C
-
D
O
F
P
r
i
c
e
a
n
d
P
o
p
u
l
a
t
i
o
n
L
e
t
t
e
r
2
0
2
3
(
G
A
N
N
L
i
m
i
t
)
Fiscal Year 2023-24
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2022 to January 1, 2023 and Total Population, January 1, 2023
Total
County Percent Change ---Population Minus Exclusions ---Population
City 2022-2023 1-1-22 1-1-23 1-1-2023
San Bernardino
Adelanto 0.65 36,420 36,656 36,656
Apple Valley -0.37 75,277 74,996 74,996
Barstow -1.96 24,768 24,283 24,918
Big Bear Lake -0.43 4,935 4,914 4,914
Chino 0.69 88,564 89,171 93,137
Chino Hills -0.70 77,601 77,058 77,058
Colton -0.67 53,513 53,154 53,154
Fontana 0.58 212,616 213,851 213,851
Grand Terrace -0.73 12,908 12,814 12,814
Hesperia 0.19 99,855 100,041 100,041
Highland -0.53 56,283 55,984 55,984
Loma Linda -0.03 25,198 25,191 25,228
Montclair -0.51 37,688 37,494 37,494
Needles -0.77 4,793 4,756 4,756
Ontario 1.14 178,682 180,717 180,717
Rancho Cucamonga -0.31 174,090 173,545 173,545
Redlands -0.40 72,259 71,972 71,972
Rialto -0.41 103,406 102,985 102,985
San Bernardino 1.25 219,218 221,949 223,230
Twentynine Palms -0.94 15,687 15,539 25,929
Upland -0.50 78,771 78,376 78,376
Victorville 0.90 132,189 133,384 137,193
Yucaipa -0.46 54,242 53,991 53,991
Yucca Valley -0.35 21,712 21,635 21,635
Unincorporated -0.45 290,306 289,011 297,482
County Total 0.12 2,150,981 2,153,467 2,182,056
*Exclusions include residents on federal military installations and group quarters residents in state mental
institutions, state and federal correctional institutions and veteran homes.
C.4.d
Packet Pg. 25
At
t
a
c
h
m
e
n
t
:
E
x
h
i
b
i
t
C
-
D
O
F
P
r
i
c
e
a
n
d
P
o
p
u
l
a
t
i
o
n
L
e
t
t
e
r
2
0
2
3
(
G
A
N
N
L
i
m
i
t
)
AGENDA REPORT
MEETING DATE: May 23, 2023 Council Item
TITLE: Approval of an Agreement with San Bernardino County for
the Allocation of Opioid Settlement Funds
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: Approve Allocation Agreement with the County of San
Bernardino, Allocating the City’s Portion of the Opioid
Settlement Funds to the County
2030 VISION STATEMENT:
This staff report supports City Council Goal Number 4, “Develop and Implement
Successful Partnerships” by working collaboratively with community groups and private
and public sector agencies to facilitate the delivery of services benefitting youth, seniors
& our community.
BACKGROUND:
At the March 28, 2023 City Council Meeting, the City Council considered and approved
participation in a new opioid settlement with manufacturers and retailers of opioids who
were named as additional defendants in litigation aimed at addressing the opioid crisis
in California. The recommendations approved by the Council were: (1) authorization for
the City to participate in the National Opioid Settlements with the 2023 Settling
Defendants on the terms and conditions of those settlement agreements; (2) approval of
agreements with the State of California on the distribution of settlement funds; and (3)
authorization for the City Manager to carry out all necessary acts such that the City can
participate in the National Opioid. By its action on March 28, 2023, the Grand Terrace
City Council also approved the default allocation of funds to the County, which was
recommended by staff due to the strict accounting and expenditure requirements
attached to direct distribution to the City.
DISCUSSION:
Because the City approved the default distribution of settlement funds to the County,
whatever portion the City is entitled to will be distributed directly to the County, and the
C.5
Packet Pg. 26
County will subsequently administer the funds, implement and manage all drug
remediation and treatment programs, and do all required reporting to the Department of
Health Care Services (DHCS). As a result, the County has requested that the City
review and approve the allocation agreement in Attachment 1.
The allocation agreement details the City’s status under the County as a “Local
Subdivision” and describes the intended uses of the settlement funds toward opioid
remediation. Among its provisions, the agreement acknowledges that: (1) the City’s
portion of the funds will be paid directly to the County; (2) the City’s allocation will be
used toward opioid remediation strategies such as expanding training and access to
recovery and treatment for addiction; and (3) after executing the agreement, the City will
not request its direct payment. Under the agreement, the County is responsible for all
reporting requirements to the Department of Health Care Services (DHCS) and is
responsible for compliance and communication with DHCS oversight.
There is an extensive list of opioid remediation tactics that the County will use in
Attachment I, beginning on page eight. The City’s allocation will only be used for opioid
remediation, as stated in section b (II) on page 4 of the agreement.
Approval of this item would authorize the City Manager to execute the attached
agreement and defer the City’s allocation and reporting requirements to the County of
San Bernardino.
FISCAL IMPACT:
None. Any funds allocated will automatically be transferred to the County of San
Bernardino.
ATTACHMENTS:
• 2P94368-County-City Allocation Agreement - Teva et al_Grand Terrace
(DOCX)
APPROVALS:
Konrad Bolowich Completed 05/17/2023 10:53 AM
City Manager Completed 05/17/2023 12:47 PM
City Council Pending 05/23/2023 6:00 PM
C.5
Packet Pg. 27
Standard Contract Page 1 of 22
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
CAO – Finance and Administration
Department Contract Representative
Telephone Number
Contractor CITY OF GRAND TERRACE
Contractor Representative
Telephone Number
Contract Term
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center
AGREEMENT FOR THE USE OF THE LOCAL ALLOCATION OF OPIOID SETTLEMENT FUNDS
RE: ALLERGAN, CVS, TEVA, WALGREENS, AND WALMART
This Agreement for the Use of the Local Allocation of Opioid Settlement Funds Re: Allergan, CVS, Teva,
Walgreens, and Walmart (“Agreement”) is made and entered into on the date this Agreement is fully executed
by and between SAN BERNARDINO COUNTY (“County”) and CITY OF GRAND TERRACE (“City”). City and
County may be referred to individually as “Party” and or collectively as “Parties.”
WHEREAS, the United States is facing an ongoing public health crisis of opioid abuse, addiction,
overdose, and death. The State of California and California counties and cities have spent and continue to
spend millions of dollars each year to address the direct consequences of this crisis; and
WHEREAS, in response to the opioid crisis, counties, cities, and states across the country filed lawsuits
to hold opioid manufacturers, distributors, pharmacies, and others responsible for the harms caused by their
deception, negligence, and creation of a public nuisance; and
WHEREAS, on or about July 19, 2018, the County filed a lawsuit in the United States District Court for
the Central District of California against numerous opioid manufacturers and distributors alleging that as a result
of the unlawful conduct of the defendants, the opioid crisis resulted, which caused damage to the County and its
residents; and
Contract Number
SAP Number
C.5.a
Packet Pg. 28
At
t
a
c
h
m
e
n
t
:
2
P
9
4
3
6
8
-
C
o
u
n
t
y
-
C
i
t
y
A
l
l
o
c
a
t
i
o
n
A
g
r
e
e
m
e
n
t
-
T
e
v
a
e
t
a
l
_
G
r
a
n
d
T
e
r
r
a
c
e
(
O
p
i
o
i
d
S
e
t
t
l
e
m
e
n
t
F
u
n
d
s
C
o
u
n
t
y
A
g
r
e
e
m
e
n
t
)
Page 2 of 22
WHEREAS, the County’s lawsuit was transferred to the United States District Court for the Northern
District of Ohio to become part of the multidistrict litigation (“MDL”), consisting of thousands of lawsuits brought
by various states and local subdivisions, including counties, cities, and special districts, against a number of
opioid distributors and manufacturers; and
WHEREAS, starting on November 14, 2022 through December 9, 2022, five defendants in the MDL—
CVS, Walgreens, Walmart, Teva, and Allergan (collectively, “Settling Defendants”) tentatively reached five
separate settlements in the MDL (each a “Settlement” and collectively, “Settlements”), which allow for
participation by eligible Non-litigating Local Subdivisions; and
WHEREAS, City is an eligible Non-litigating Local Subdivision and has submitted the requisite
documentation necessary to participate in the Settlements;
WHEREAS, under the Master Agreements for the Settlements, the states and their Local Subdivisions
may enter into allocation agreements to govern how the settlements funds from the Settlements coming to a
state will be allocated to the state and its Local Subdivisions; and
WHEREAS, the State of California (“State”) and its Local Subdivisions have entered into Allocation
Agreements for all of the Settlements, which provide that each eligible Local Subdivision that participates in the
Settlements will have its Local Allocation go to the county where the subdivision is located, unless the Local
Subdivision notifies the Settlement Fund Administrator, at least 60 days before each payment date, that it elects
to take a direct distribution of its Local Allocation; and
WHEREAS, the City has decided it will not take a direct distribution of its Local Allocation in any of the
Settlements that it is participating in, and will instead have its Local Allocation distributed to the County; and
WHEREAS, the parties wish to set forth the terms as to the County’s use of the City’s Local Allocation;
and
NOW, THEREFORE, in consideration of the preceding recitals, together with the mutual covenants
hereinafter contained, the parties hereto mutually agree that the above recitals are true and correct and
incorporated into the terms of this Agreement and as follows:
A. DEFINITIONS
a. Actavis Generic Entities means Actavis LLC (f/k/a Actavis Inc.), Actavis Elizabeth LLC, Actavis
Kadian LLC, Actavis Pharma, Inc. (f/k/a Watson Pharma, Inc.), Actavis Kadian LLC, Actavis
Laboratories UT, Inc. (f/k/a Watson Laboratories, Inc. – Utah), Actavis Mid Atlantic LLC, Actavis
Totowa LLC, Actavis Laboratories FL, Inc. (f/k/a Watson Laboratories, Inc. – Florida), Actavis
South Atlantic LLC, Warner Chilcott Company LLC, and Watson Laboratories, Inc.
b. Allergan shall mean Allergan Finance, LLC (f/k/a Actavis, Inc., which in turn was f/k/a Watson
Pharmaceutics, Inc.) and Allergan Limited (f/k/a Allergan plc, which, in turn, was f/k/a Actavis plc).
c. Allocation Agreement(s) means the five allocation agreements entered into by and between the
State and its Local Subdivisions specifying how the settlement funds from the five Settlements will
be distributed to the State and its Local Subdivisions. The five Allocation Agreements are entitled:
(1) “Proposed California State-Subdivision Agreement Regarding Distribution and Use of
Settlement Funds – Allergan Settlement”; (2) “Proposed California State-Subdivision Agreement
Regarding Distribution and Use of Settlement Funds – CVS Settlement”; (3) “Proposed California
State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds – Teva
Settlement”; (4) “Proposed California State-Subdivision Agreement Regarding Distribution and
Use of Settlement Funds – Walgreens Settlement”; and (5) “Proposed California State-Subdivision
Agreement Regarding Distribution and Use of Settlement Funds – Walmart Settlement.”
C.5.a
Packet Pg. 29
At
t
a
c
h
m
e
n
t
:
2
P
9
4
3
6
8
-
C
o
u
n
t
y
-
C
i
t
y
A
l
l
o
c
a
t
i
o
n
A
g
r
e
e
m
e
n
t
-
T
e
v
a
e
t
a
l
_
G
r
a
n
d
T
e
r
r
a
c
e
(
O
p
i
o
i
d
S
e
t
t
l
e
m
e
n
t
F
u
n
d
s
C
o
u
n
t
y
A
g
r
e
e
m
e
n
t
)
Page 3 of 22
d. CA Abatement Accounts Fund shall mean “CA Abatement Accounts Fund” as defined in the
Allocation Agreements.
e. CVS shall mean CVS Health Corporation and CVS Pharmacy, Inc. and all of their past and present
direct and indirect parent and subsidiaries.
f. DHCS is the California Department of Health Care Services.
g. Local Allocation means a Local Subdivision’s share of the settlement funds from the five
Settlements, as set forth in Appendix 1 to the Allocation Agreements.
h. Local Subdivision(s) means cities and counties.
i. Master Agreements shall refer to the settlement agreements in the five Settlements.
j. Non-litigating Local Subdivision shall mean a Local Subdivision that did not file a lawsuit against a
Settling Defendant relating to the opioid crisis.
k. Settlement Fund Administrator shall mean the “Settlement Fund Administrator” as defined in the
Master Agreements.
l. Teva shall mean Teva Pharmaceutical Industries Ltd. and all of its respective past and present
direct or indirect parents, subsidiaries, divisions, affiliates, joint ventures, predecessors,
successors, assigns, including but not limited to Teva Pharmaceuticals USA, Inc., the Actavis
Generic Entities, and Anda Inc.
m. Walgreens shall mean Walgreen Co.
n. Walmart shall mean Walmart Inc.
B. SCOPE
a. This Agreement supplements and is subject to the terms of the Master Agreements and the
Allocation Agreements and any amendments thereto. If any term of this Agreement is inconsistent
with a mandatory term of the Master Agreements or the Allocation Agreements, the order of the
governing document shall be as follows: Master Agreements, Allocation Agreements, and last, this
Agreement.
b. This Agreement governs the County’s use of the City’s Local Allocation from the Settlements paid
directly to the County.
C. USE OF CITY’S LOCAL ALLOCATION
a. Participation
I. City shall have all of its Local Allocation from the Settlements paid directly to the County.
II. City shall not, at any time, after execution of this Agreement advise the Settlement Fund
Administrator that it requests direct payment of its Local Allocation from the Settlements.
III. The parties understand that the Local Allocation is payable over a period of time, with each
Settlement paying out over a different period of time. The parties further understand that the
yearly disbursement amount of the Local Allocation payment may vary.
C.5.a
Packet Pg. 30
At
t
a
c
h
m
e
n
t
:
2
P
9
4
3
6
8
-
C
o
u
n
t
y
-
C
i
t
y
A
l
l
o
c
a
t
i
o
n
A
g
r
e
e
m
e
n
t
-
T
e
v
a
e
t
a
l
_
G
r
a
n
d
T
e
r
r
a
c
e
(
O
p
i
o
i
d
S
e
t
t
l
e
m
e
n
t
F
u
n
d
s
C
o
u
n
t
y
A
g
r
e
e
m
e
n
t
)
Page 4 of 22
b. County’s Use of the City’s Local Allocation
I. The City’s Local Allocation will become part of the County’s share of the CA Abatement
Accounts Fund, which will be:
1. Used by County in accordance with Section 4.B.ii (Use of CA Abatement Account
Funds) of the Allocation Agreements; and
2. Reported on by County in accordance with Section 4.B.iii (CA Abatement Accounts
Fund Oversight) of the Allocation Agreements.
II. The parties understand and agree that the City’s Local Allocation that will be distributed to
the County may only be used by County for future opioid remediation as described in Exhibit
E to the Master Agreements, attached hereto as Attachment I.
III. The parties also understand and agree that no less than 50% of the CA Abatement Accounts
Fund in each calendar year will be used for one or more of the following High Impact
Abatement Activities as outlined in the Allocation Agreements.
IV. County understands and agrees that it is responsible for the reporting requirements to DHCS
as specified in Section 5 of the Allocation Agreements.
V. County understands and agrees that it is responsible for responding to any DHCS oversight
inquiries and/or requests as specified in Section 4.B.iii. of the Allocation Agreements with
respect to the City’s Local Allocation that is distributed to the County.
VI. County will track all deposits and expenditures of CA Abatement Accounts Funds consistent
with Section 5(c) of the Allocation Agreements.
D. GENERAL CONTRACT REQUIREMENTS
D.1 Recitals
The recitals set forth above are true and correct and incorporated herein by this reference.
D.2 Assignability
Neither party may assign this Agreement without the prior written consent of the other party.
D.3 Attorney’s Fees and Costs
If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its
own costs and attorney fees, regardless of who is the prevailing party.
D.4 Choice of Law
This Agreement shall be governed by and construed according to the laws of the State of
California.
D.5 Legality and Severability
The parties’ actions under the Agreement shall comply with all applicable laws, rules, regulations,
court orders and governmental agency orders. The provisions of this Agreement are specifically
made severable. If a provision of the Agreement is terminated or held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in
full effect.
D.6 Mutual Covenants
The parties to this Agreement mutually covenant to perform all of their obligations hereunder, to
exercise all discretion and rights granted hereunder, and to give all consents in a reasonable
manner consistent with the standards of “good faith” and “fair dealing”.
C.5.a
Packet Pg. 31
At
t
a
c
h
m
e
n
t
:
2
P
9
4
3
6
8
-
C
o
u
n
t
y
-
C
i
t
y
A
l
l
o
c
a
t
i
o
n
A
g
r
e
e
m
e
n
t
-
T
e
v
a
e
t
a
l
_
G
r
a
n
d
T
e
r
r
a
c
e
(
O
p
i
o
i
d
S
e
t
t
l
e
m
e
n
t
F
u
n
d
s
C
o
u
n
t
y
A
g
r
e
e
m
e
n
t
)
Page 5 of 22
D.7 Relationship of the Parties
Nothing contained in this Agreement shall be construed as creating a joint venture, or partnership,
between the Parties hereto, nor shall either Party have the right, power or authority to create an
obligation or duty, expressed or implied, on behalf of the other Party hereto.
D.8 Termination for Convenience
Except as otherwise specified in this provision, the County and the City each reserve the right to
terminate the Agreement, for any reason, with a thirty (30) day written notice of termination. In
the event of termination of this Agreement, the City shall not be entitled to any of the City’s Local
Allocation that (1) had already been distributed to the County prior to the effective date of
termination, or (2) is scheduled to be distributed to the County within 60 days of the notice of
termination.
D.9 Notice
All written notices provided for in this Agreement or which either party desires to give to the other
shall be deemed fully given, when made in writing and either served personally, or deposited in
the United States mail, postage prepaid, and addressed to the other party as follows:
To County: To City:
County Administrative Office – Finance & Administration City of Grand Terrace
Matthew Erickson, Chief Financial Officer City Manager
385 N. Arrowhead Ave. 4th Floor 22795 Barton Road
San Bernardino, CA 92415-0123 Grand Terrace, CA 92313
Notice shall be deemed communicated two (2) County working days from the time of mailing if
mailed as provided in this paragraph.
D.10 Venue
The parties acknowledge and agree that this Agreement was entered into and intended to be
performed in San Bernardino County, California. The parties agree that the venue of any action
or claim brought by any party to this Agreement will be the Superior Court of California, San
Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the
court, which would allow them to request or demand a change of venue. If any action or claim
concerning this Agreement is brought by any third party and filed in another venue, the parties
hereto agree to use their best efforts to obtain a change of venue to the Superior Court of
California, San Bernardino County, San Bernardino District.
D.11 Informal Dispute Resolution
In the event of any dispute, claim, question or disagreement arising from or relating to this
Agreement or breach thereof, the parties hereto shall use their best efforts to settle the dispute,
claim, question or disagreement. To this effect, they shall consult and negotiate with each other
in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution
satisfactory to both parties.
E. TERM OF AGREEMENT
This Agreement is effective as of the date fully executed and expires following the final Settlement payout,
but may be terminated earlier in accordance with the provisions of this Agreement.
F. INDEMNFICATION
F.1 County agrees to indemnify, defend (with counsel reasonably approved by City) and hold harmless
City and its officers, employees, agents, and volunteers from any and all claims, actions or losses,
damages, and/or liability resulting from County’s negligent acts or omissions which arise from
County’s performance of its obligations under this Agreement.
C.5.a
Packet Pg. 32
At
t
a
c
h
m
e
n
t
:
2
P
9
4
3
6
8
-
C
o
u
n
t
y
-
C
i
t
y
A
l
l
o
c
a
t
i
o
n
A
g
r
e
e
m
e
n
t
-
T
e
v
a
e
t
a
l
_
G
r
a
n
d
T
e
r
r
a
c
e
(
O
p
i
o
i
d
S
e
t
t
l
e
m
e
n
t
F
u
n
d
s
C
o
u
n
t
y
A
g
r
e
e
m
e
n
t
)
Page 6 of 22
F.2 City agrees to indemnify, defend (with counsel reasonably approved by County), and hold
harmless County and its officers, employees, agents, and volunteers from any and all claims,
actions or losses, damages, and/or liability resulting from City’s negligent acts or omissions which
arise from City’s performance of its obligations under this Agreement.
F.3 In the event County and/or City is found to be comparatively at fault for any claim, action, loss or
damage which results from their respective obligations under the Agreement, County and/or City
shall indemnify the other to the extent of its comparative fault.
G. INSURANCE
City and County are authorized self-insured public entities for purposes of Professional Liability, General
Liability, Automobile Liability and Workers’ Compensation and warrant that through their insurance
policies or respective programs of self-insurance, they have adequate coverage or resources to protect
against liabilities arising out of the performance of the terms, conditions or obligations of this Agreement.
H. SIGNATURES
This Agreement may be executed in any number of counterparts, each of which so executed shall be
deemed to be an original, and such counterparts shall together constitute one and the same Agreement.
The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by
facsimile, PDF or other email transmission), which signature shall be binding on the party whose name
is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver
to the other party an original signed Agreement upon request.
I. ENTIRE AGREEMENT
This Agreement, including Attachment I, which is attached hereto and incorporated by reference,
represents the final, complete and exclusive agreement between the parties hereto. Any prior
agreement, promises, negotiations or representations relating to the subject matter of this Agreement not
expressly set forth herein are of no force or effect. This Agreement is executed without reliance upon any
promise, warranty or representation by any party or any representative of any party other than those
expressly contained herein. Each party has carefully read this Agreement and signs the same of its own
free will.
[SIGNATURE PAGE FOLLOWS]
C.5.a
Packet Pg. 33
At
t
a
c
h
m
e
n
t
:
2
P
9
4
3
6
8
-
C
o
u
n
t
y
-
C
i
t
y
A
l
l
o
c
a
t
i
o
n
A
g
r
e
e
m
e
n
t
-
T
e
v
a
e
t
a
l
_
G
r
a
n
d
T
e
r
r
a
c
e
(
O
p
i
o
i
d
S
e
t
t
l
e
m
e
n
t
F
u
n
d
s
C
o
u
n
t
y
A
g
r
e
e
m
e
n
t
)
Page 7 of 22
IN WITNESS WHEREOF, County and City have each caused this Agreement to be subscribed by its
respective duly authorized officers, on its behalf.
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department
Charles Phan, Deputy County Counsel
Date Date Date
SAN BERNARDINO COUNTY CITY OF GRAND TERRACE
By
Name: Matthew Erickson
Title: Chief Financial Officer
(Authorized signature - sign in blue ink)
Name Konrad Bolowich
(Print or type name of person signing contract)
Title City Manager
(Print or Type)
Dated:
Address 22795 Barton Road
Grand Terrace, CA 92313
C.5.a
Packet Pg. 34
At
t
a
c
h
m
e
n
t
:
2
P
9
4
3
6
8
-
C
o
u
n
t
y
-
C
i
t
y
A
l
l
o
c
a
t
i
o
n
A
g
r
e
e
m
e
n
t
-
T
e
v
a
e
t
a
l
_
G
r
a
n
d
T
e
r
r
a
c
e
(
O
p
i
o
i
d
S
e
t
t
l
e
m
e
n
t
F
u
n
d
s
C
o
u
n
t
y
A
g
r
e
e
m
e
n
t
)
Page 8 of 22
ATTACHMENT I
C.5.a
Packet Pg. 35
At
t
a
c
h
m
e
n
t
:
2
P
9
4
3
6
8
-
C
o
u
n
t
y
-
C
i
t
y
A
l
l
o
c
a
t
i
o
n
A
g
r
e
e
m
e
n
t
-
T
e
v
a
e
t
a
l
_
G
r
a
n
d
T
e
r
r
a
c
e
(
O
p
i
o
i
d
S
e
t
t
l
e
m
e
n
t
F
u
n
d
s
C
o
u
n
t
y
A
g
r
e
e
m
e
n
t
)
Page 9 of 22
C.5.a
Packet Pg. 36
At
t
a
c
h
m
e
n
t
:
2
P
9
4
3
6
8
-
C
o
u
n
t
y
-
C
i
t
y
A
l
l
o
c
a
t
i
o
n
A
g
r
e
e
m
e
n
t
-
T
e
v
a
e
t
a
l
_
G
r
a
n
d
T
e
r
r
a
c
e
(
O
p
i
o
i
d
S
e
t
t
l
e
m
e
n
t
F
u
n
d
s
C
o
u
n
t
y
A
g
r
e
e
m
e
n
t
)
Page 10 of 22
C.5.a
Packet Pg. 37
At
t
a
c
h
m
e
n
t
:
2
P
9
4
3
6
8
-
C
o
u
n
t
y
-
C
i
t
y
A
l
l
o
c
a
t
i
o
n
A
g
r
e
e
m
e
n
t
-
T
e
v
a
e
t
a
l
_
G
r
a
n
d
T
e
r
r
a
c
e
(
O
p
i
o
i
d
S
e
t
t
l
e
m
e
n
t
F
u
n
d
s
C
o
u
n
t
y
A
g
r
e
e
m
e
n
t
)
Page 11 of 22
C.5.a
Packet Pg. 38
At
t
a
c
h
m
e
n
t
:
2
P
9
4
3
6
8
-
C
o
u
n
t
y
-
C
i
t
y
A
l
l
o
c
a
t
i
o
n
A
g
r
e
e
m
e
n
t
-
T
e
v
a
e
t
a
l
_
G
r
a
n
d
T
e
r
r
a
c
e
(
O
p
i
o
i
d
S
e
t
t
l
e
m
e
n
t
F
u
n
d
s
C
o
u
n
t
y
A
g
r
e
e
m
e
n
t
)
Page 12 of 22
C.5.a
Packet Pg. 39
At
t
a
c
h
m
e
n
t
:
2
P
9
4
3
6
8
-
C
o
u
n
t
y
-
C
i
t
y
A
l
l
o
c
a
t
i
o
n
A
g
r
e
e
m
e
n
t
-
T
e
v
a
e
t
a
l
_
G
r
a
n
d
T
e
r
r
a
c
e
(
O
p
i
o
i
d
S
e
t
t
l
e
m
e
n
t
F
u
n
d
s
C
o
u
n
t
y
A
g
r
e
e
m
e
n
t
)
Page 13 of 22
C.5.a
Packet Pg. 40
At
t
a
c
h
m
e
n
t
:
2
P
9
4
3
6
8
-
C
o
u
n
t
y
-
C
i
t
y
A
l
l
o
c
a
t
i
o
n
A
g
r
e
e
m
e
n
t
-
T
e
v
a
e
t
a
l
_
G
r
a
n
d
T
e
r
r
a
c
e
(
O
p
i
o
i
d
S
e
t
t
l
e
m
e
n
t
F
u
n
d
s
C
o
u
n
t
y
A
g
r
e
e
m
e
n
t
)
Page 14 of 22
C.5.a
Packet Pg. 41
At
t
a
c
h
m
e
n
t
:
2
P
9
4
3
6
8
-
C
o
u
n
t
y
-
C
i
t
y
A
l
l
o
c
a
t
i
o
n
A
g
r
e
e
m
e
n
t
-
T
e
v
a
e
t
a
l
_
G
r
a
n
d
T
e
r
r
a
c
e
(
O
p
i
o
i
d
S
e
t
t
l
e
m
e
n
t
F
u
n
d
s
C
o
u
n
t
y
A
g
r
e
e
m
e
n
t
)
Page 15 of 22
C.5.a
Packet Pg. 42
At
t
a
c
h
m
e
n
t
:
2
P
9
4
3
6
8
-
C
o
u
n
t
y
-
C
i
t
y
A
l
l
o
c
a
t
i
o
n
A
g
r
e
e
m
e
n
t
-
T
e
v
a
e
t
a
l
_
G
r
a
n
d
T
e
r
r
a
c
e
(
O
p
i
o
i
d
S
e
t
t
l
e
m
e
n
t
F
u
n
d
s
C
o
u
n
t
y
A
g
r
e
e
m
e
n
t
)
Page 16 of 22
C.5.a
Packet Pg. 43
At
t
a
c
h
m
e
n
t
:
2
P
9
4
3
6
8
-
C
o
u
n
t
y
-
C
i
t
y
A
l
l
o
c
a
t
i
o
n
A
g
r
e
e
m
e
n
t
-
T
e
v
a
e
t
a
l
_
G
r
a
n
d
T
e
r
r
a
c
e
(
O
p
i
o
i
d
S
e
t
t
l
e
m
e
n
t
F
u
n
d
s
C
o
u
n
t
y
A
g
r
e
e
m
e
n
t
)
Page 17 of 22
C.5.a
Packet Pg. 44
At
t
a
c
h
m
e
n
t
:
2
P
9
4
3
6
8
-
C
o
u
n
t
y
-
C
i
t
y
A
l
l
o
c
a
t
i
o
n
A
g
r
e
e
m
e
n
t
-
T
e
v
a
e
t
a
l
_
G
r
a
n
d
T
e
r
r
a
c
e
(
O
p
i
o
i
d
S
e
t
t
l
e
m
e
n
t
F
u
n
d
s
C
o
u
n
t
y
A
g
r
e
e
m
e
n
t
)
Page 18 of 22
C.5.a
Packet Pg. 45
At
t
a
c
h
m
e
n
t
:
2
P
9
4
3
6
8
-
C
o
u
n
t
y
-
C
i
t
y
A
l
l
o
c
a
t
i
o
n
A
g
r
e
e
m
e
n
t
-
T
e
v
a
e
t
a
l
_
G
r
a
n
d
T
e
r
r
a
c
e
(
O
p
i
o
i
d
S
e
t
t
l
e
m
e
n
t
F
u
n
d
s
C
o
u
n
t
y
A
g
r
e
e
m
e
n
t
)
Page 19 of 22
C.5.a
Packet Pg. 46
At
t
a
c
h
m
e
n
t
:
2
P
9
4
3
6
8
-
C
o
u
n
t
y
-
C
i
t
y
A
l
l
o
c
a
t
i
o
n
A
g
r
e
e
m
e
n
t
-
T
e
v
a
e
t
a
l
_
G
r
a
n
d
T
e
r
r
a
c
e
(
O
p
i
o
i
d
S
e
t
t
l
e
m
e
n
t
F
u
n
d
s
C
o
u
n
t
y
A
g
r
e
e
m
e
n
t
)
Page 20 of 22
C.5.a
Packet Pg. 47
At
t
a
c
h
m
e
n
t
:
2
P
9
4
3
6
8
-
C
o
u
n
t
y
-
C
i
t
y
A
l
l
o
c
a
t
i
o
n
A
g
r
e
e
m
e
n
t
-
T
e
v
a
e
t
a
l
_
G
r
a
n
d
T
e
r
r
a
c
e
(
O
p
i
o
i
d
S
e
t
t
l
e
m
e
n
t
F
u
n
d
s
C
o
u
n
t
y
A
g
r
e
e
m
e
n
t
)
Page 21 of 22
C.5.a
Packet Pg. 48
At
t
a
c
h
m
e
n
t
:
2
P
9
4
3
6
8
-
C
o
u
n
t
y
-
C
i
t
y
A
l
l
o
c
a
t
i
o
n
A
g
r
e
e
m
e
n
t
-
T
e
v
a
e
t
a
l
_
G
r
a
n
d
T
e
r
r
a
c
e
(
O
p
i
o
i
d
S
e
t
t
l
e
m
e
n
t
F
u
n
d
s
C
o
u
n
t
y
A
g
r
e
e
m
e
n
t
)
Page 22 of 22
C.5.a
Packet Pg. 49
At
t
a
c
h
m
e
n
t
:
2
P
9
4
3
6
8
-
C
o
u
n
t
y
-
C
i
t
y
A
l
l
o
c
a
t
i
o
n
A
g
r
e
e
m
e
n
t
-
T
e
v
a
e
t
a
l
_
G
r
a
n
d
T
e
r
r
a
c
e
(
O
p
i
o
i
d
S
e
t
t
l
e
m
e
n
t
F
u
n
d
s
C
o
u
n
t
y
A
g
r
e
e
m
e
n
t
)
AGENDA REPORT
MEETING DATE: May 23, 2023 Council Item
TITLE: Authorize Purchase Order for Replacement Street Signs
PRESENTED BY: Shanita Tillman, Senior Management Analyst
RECOMMENDATION: 1. Authorize the expenditure of $11,038.13 from ARPA
Fund (Fund 94) for the purchase of replacement of City
street signs
2. Authorize the City Manager to execute a purchase order,
and all necessary future purchase orders up to the remaining
$93,253 as approved at the Regular Meeting of the City
Council on April 26, 2022 to procure City street signs
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. At the regular meeting of the City Council on April 26, 2022, Council
approved allocation for ARPA funds and $150,000 was used toward street sign
replacement for faded, missing, and damaged signs. On August 23, 2022, Council
approved the purchase order of $33,935.48 from Traffic Management Products, Inc. for
the procurement of street signs.
DISCUSSION:
The existing signs throughout the City have wear and tear due to the elements, and
over the years staff has received complaints regarding the visibility of street signs. Staff
anticipates replacing 316 street name signs and acquiring 107 traffic signs.
Staff has been able to install many street name signs, and in order complete the desired
task, additional signs are necessary. A quote for $11,038.13 was obtain from Traffic
Management Products, Inc., and since the cumulative amount exceeds the City
Manager’s signing authority of $25,000 per the Fiscal Policies authority to proceed is
required.
Staff is recommending the selection from Traffic Management Products, Inc. in the
C.6
Packet Pg. 50
amount of $11,038.13, and authority to execute a purchase order up to $93,253 for the
procurement of street signs as approved at the April 26, 2022 Council meeting.
FISCAL IMPACT:
The expenditure of $11,038.13 will come from the General Fund through a cost savings
supplied by American Rescue Plan Act Fund, and will be initially charged to account 94-
175-229-000.
ATTACHMENTS:
• Traffic Management Quote (PDF)
APPROVALS:
Shanita Tillman Completed 05/15/2023 7:31 AM
Finance Completed 05/16/2023 11:14 AM
City Manager Completed 05/17/2023 12:46 PM
City Council Pending 05/23/2023 6:00 PM
C.6
Packet Pg. 51
C.6.a
Packet Pg. 52
At
t
a
c
h
m
e
n
t
:
T
r
a
f
f
i
c
M
a
n
a
g
e
m
e
n
t
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
e
p
l
a
c
e
m
e
n
t
S
t
r
e
e
t
S
i
g
n
s
)
AGENDA REPORT
MEETING DATE: May 23, 2023 Council Item
TITLE: Approve an Amended and Restated Agreement No. 2 with
Lynn Merrill and Associates
PRESENTED BY: Shanita Tillman, Senior Management Analyst
RECOMMENDATION: 1. Approve an Amended and Restated Agreement No. 2
with Lynn Merrill and Associates, Inc. to extend the Contract
End Date from June 1, 2023 to June 30, 2024 at no
additional cost
2. Authorize the City Manager to execute the Amended and
Restated Agreement subject to City Attorney approval as to
form
BACKGROUND:
In June 2019, the City Council awarded Lynn Merrill and Associates, Inc. (Lynn Merrill)
a contract to prepare and submit paperwork for funding obligations, advertise and
administer the federally funded Cycle 9 Hazard Safety Improvement Project (HSIP)
Guardrail Replacement Project. The City received a grant in the amount of $648,399 to
allow for Lynn Merrill to administer, manager and develop plans and specifications to
remove and replace roadway guard rails around the City, as well as pay for the
construction costs for the project. Due to staffing changes at the City, Lynn Merrill and
Associates, and the COVID-19 pandemic, progress halted.
Staff is requesting a no cost contract extension to allow Lynn Merrill to continue work on
the guardrail replacement project.
DISCUSSION:
Due to staffing fluctuations, COVID-19, and difficulties in securing an engineering/
design consultant to prepare plans and specifications for the project, the contract is set
to expire.
To continue the work on the project, staff requests the City execute an Amended and
Restated Agreement to extend the existing contract with Lynn Merrill to June 30, 2024
with no additional costs.
FISCAL IMPACT:
There are no additional monies needed to extend the contract with Lynn Merrill, and it is
currently in the Fiscal Year 2023-24 budget. There is currently a balance of $9,089.12
C.7
Packet Pg. 53
left of on Lynn Merrill’s contract.
ATTACHMENTS:
• Lynn Merrill Agreement (DOCX)
APPROVALS:
Shanita Tillman Completed 05/12/2023 3:13 PM
Finance Completed 05/16/2023 11:15 AM
City Manager Completed 05/17/2023 12:45 PM
City Council Pending 05/23/2023 6:00 PM
C.7
Packet Pg. 54
01247.0006/739360.4 10/19/2021
-1- 01005.0006/891650.1
AMENDED AND RESTATED AGREEMENT No. 2
FOR CONTRACT SERVICES
By and Between
CITY OF GRAND TERRACE
and
LYNN MERRILL AND ASSOCIATES, INC.
C.7.a
Packet Pg. 55
At
t
a
c
h
m
e
n
t
:
L
y
n
n
M
e
r
r
i
l
l
A
g
r
e
e
m
e
n
t
(
A
m
e
n
d
e
d
a
n
d
R
e
s
t
a
t
e
d
A
g
r
e
e
m
e
n
t
N
o
.
2
w
i
t
h
L
y
n
n
M
e
r
r
i
l
l
a
n
d
A
s
s
o
c
i
a
t
e
s
)
01247.0006/739360.4 10/19/2021
-2- 01005.0006/891650.1
AMENDED AND RESTATED AGREEMENT NO. 2 FOR CONTRACT SERVICES BY
AND BETWEEN THE CITY OF GRAND TERRACE
AND LYNN MERRILL & ASSOCIATES, INC.
This “AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY
OF GRAND TERRACE AND LYNN MERRILL AND ASSOCIATES, INC. ” (herein
“Agreement”) is made and entered into this 23rd of May, 2023 by and between the City of Grand
Terrace, a California municipal corporation (“City”) and Lynn Merrill and Associates, Inc., a
California corporation (“Consultant”). City and Consultant are sometimes hereinafter
individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. In 2019, City had sought, by issuance of a Request for Proposals or Invitation for
Bids, the performance of the services defined and described particularly in Article 1 of this
Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article 1 of this Agreement, was selected by the City to
perform those services.
C. Pursuant to the City of Grand Terrace Municipal Code, City entered into that certain
agreement entitled “Agreement for Contract Services by and between the City of Grand Terrace
and Lynn Merrill and Associates Inc.” with Consultant for the services defined and described
particularly in Article 1 of such agreement and dated June 25, 2019, (“Original Agreement”).
D. Though services under the Original Agreement were carried out by Consultant, the
COVID-19 pandemic and subsequent pandemic measures (such as social distancing and
limitations on meetings in groups greater than 10), changes in City staffing, and difficulties in
acquiring architectural and engineering services have delayed the completion of services in the
Original Agreement.
E. On September 28, 2021, the City and Consultant entered into an Amended and
Restated Agreement (“Amended and Restated Agreement No. 1”) for Consultant to complete the
services.
F. The services in the Original Agreement that are completed are described further in
Exhibit A of this Agreement, however no additional progress was made under Amended and Restated
Agreement No. 1.
G. Because the Consultant has carried out much of the work in the Original
Agreement, is able to continue such work until Project completion as that term is defined within
Exhibit “A” the Scope of Services as set forth herein, it is in the best interest of the City to continue
services with the Consultant to complete the services.
H. The authorized contract sum provided within Section 2.1 of the Original Agreement
has not been exceeded and there still remains $9,089.12 that may be expended to complete the
services under the Original Agreement (“Remaining Balance”).
C.7.a
Packet Pg. 56
At
t
a
c
h
m
e
n
t
:
L
y
n
n
M
e
r
r
i
l
l
A
g
r
e
e
m
e
n
t
(
A
m
e
n
d
e
d
a
n
d
R
e
s
t
a
t
e
d
A
g
r
e
e
m
e
n
t
N
o
.
2
w
i
t
h
L
y
n
n
M
e
r
r
i
l
l
a
n
d
A
s
s
o
c
i
a
t
e
s
)
01247.0006/739360.4 10/19/2021
-3- 01005.0006/891650.1
I. The Parties have agreed to terminate Amended and Restated Agreement No. 1 in
its entirety which shall have no further force and effect and enter into this Amended and Restated
Agreement No. 2. By and through this Amended and Restated Agreement No. 2, Consultant has
agreed to complete the services under the Original Agreement for the Remaining Balance.
J. Based upon the forgoing, the Parties now desire to terminate Amended and
Restated Agreement No. 1 in its entirety and amend and restate the Original Agreement in its
entirety in order to allow the City to utilize the Consultant to complete the services in the Original
Agreement as provided 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 hereby agree to terminate Amended and Restated Agreement No. 1 in its
entirety, which shall be of no further force and effect, and amend and restate the Original Agreement
in its entirety as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide
those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated
herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Consultant represents and
warrants that it has the qualifications, experience, and facilities necessary to properly perform the
services required under this Agreement in a thorough, competent, and professional manner, and is
experienced in performing the work and services contemplated herein. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all services
described herein. Consultant covenants that it shall follow the highest professional standards in
performing the work and services required hereunder and that all materials will be both of good
quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest
professional standards” shall mean those standards of practice recognized by one or more first-
class firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement
shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in
accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
C.7.a
Packet Pg. 57
At
t
a
c
h
m
e
n
t
:
L
y
n
n
M
e
r
r
i
l
l
A
g
r
e
e
m
e
n
t
(
A
m
e
n
d
e
d
a
n
d
R
e
s
t
a
t
e
d
A
g
r
e
e
m
e
n
t
N
o
.
2
w
i
t
h
L
y
n
n
M
e
r
r
i
l
l
a
n
d
A
s
s
o
c
i
a
t
e
s
)
01247.0006/739360.4 10/19/2021
-4- 01005.0006/891650.1
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.
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
C.7.a
Packet Pg. 58
At
t
a
c
h
m
e
n
t
:
L
y
n
n
M
e
r
r
i
l
l
A
g
r
e
e
m
e
n
t
(
A
m
e
n
d
e
d
a
n
d
R
e
s
t
a
t
e
d
A
g
r
e
e
m
e
n
t
N
o
.
2
w
i
t
h
L
y
n
n
M
e
r
r
i
l
l
a
n
d
A
s
s
o
c
i
a
t
e
s
)
01247.0006/739360.4 10/19/2021
-5- 01005.0006/891650.1
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.
1.10 Recitals.
The recitals set forth above are incorporated herein by this reference.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay
Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit
“C” and incorporated herein by this reference. The total compensation, including reimbursement
for actual expenses, under the Original Agreement and this Agreement shall not exceed $32,415.00
(the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.
(b) The Consultant acknowledges and agrees that the City has compensated
Consultant in the amount of $23,325.88 pursuant to the Original Agreement for the tasks, or
portion of such tasks, which are marked with “( % COMPLETE)” as shown in Exhibit “A”.
Consultant agrees that Consultant shall only be compensated for the completion of the tasks
marked as “(INCOMPLETE)” or, in the case where only a percentage of a task is completed, the
remaining incomplete percentage of such task as provided in Exhibit “A”, but in no event shall
compensation exceed $9,089.12 for tasks marked as “(INCOMPLETE)” or, in the case where
only a percentage of a task is completed, the remaining incomplete percentage of such task as set
forth above.
(c) Except to the specific rights and obligations set forth herein or created or
reserved in this Agreement, the Consultant hereby releases and forever discharges the City and its
officers, employees and agents from any and all claims, demands, actions, causes of action,
obligations, costs, expenses, penalties, interest, attorneys’ fees, damages, losses and liabilities of
whatsoever nature, character or kind, whether known or unknown, suspected or unsuspected,
matured or contingent, which are or could have been the attributed to the tasks, or portion of such
tasks, marked as “( % COMPLETE)” as shown in Exhibit “A”.
C.7.a
Packet Pg. 59
At
t
a
c
h
m
e
n
t
:
L
y
n
n
M
e
r
r
i
l
l
A
g
r
e
e
m
e
n
t
(
A
m
e
n
d
e
d
a
n
d
R
e
s
t
a
t
e
d
A
g
r
e
e
m
e
n
t
N
o
.
2
w
i
t
h
L
y
n
n
M
e
r
r
i
l
l
a
n
d
A
s
s
o
c
i
a
t
e
s
)
01247.0006/739360.4 10/19/2021
-6- 01005.0006/891650.1
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services, less
contract retention; (iii) payment for time and materials based upon the Consultant’s rates as
specified in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not
exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and
expenses incurred during the preceding month in a form approved by City’s Director of Finance.
By submitting an invoice for payment under this Agreement, Consultant is certifying compliance
with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual
expenses by the following categories: labor (by sub-category), travel, materials, equipment,
supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such
categories. Consultant shall not invoice City for any duplicate services performed by more than
one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed
invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures,
the City cannot guarantee that payment will occur within this time period. In the event any charges
or expenses are disputed by City, the original invoice shall be returned by City to Consultant for
correction and resubmission. Review and payment by City for any invoice provided by the
Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable
law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed
to waive any defects in work performed by Consultant.
C.7.a
Packet Pg. 60
At
t
a
c
h
m
e
n
t
:
L
y
n
n
M
e
r
r
i
l
l
A
g
r
e
e
m
e
n
t
(
A
m
e
n
d
e
d
a
n
d
R
e
s
t
a
t
e
d
A
g
r
e
e
m
e
n
t
N
o
.
2
w
i
t
h
L
y
n
n
M
e
r
r
i
l
l
a
n
d
A
s
s
o
c
i
a
t
e
s
)
01247.0006/739360.4 10/19/2021
-7- 01005.0006/891650.1
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in the
“Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires,
earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency, including the City, if the Consultant shall
within ten (10) days of the commencement of such delay notify the Contract Officer in writing of
the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and
extend the time for performing the services for the period of the enforced delay when and if in the
judgment of the Contract Officer such delay is justified. The Contract Officer’s determination
shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be
entitled to recover damages against the City for any delay in the performance of this Agreement,
however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this
Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding one (1)
years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit
“D”) .
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the work
specified herein and make all decisions in connection therewith:
C.7.a
Packet Pg. 61
At
t
a
c
h
m
e
n
t
:
L
y
n
n
M
e
r
r
i
l
l
A
g
r
e
e
m
e
n
t
(
A
m
e
n
d
e
d
a
n
d
R
e
s
t
a
t
e
d
A
g
r
e
e
m
e
n
t
N
o
.
2
w
i
t
h
L
y
n
n
M
e
r
r
i
l
l
a
n
d
A
s
s
o
c
i
a
t
e
s
)
01247.0006/739360.4 10/19/2021
-8- 01005.0006/891650.1
Lynn Merrill Principal
(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only competent personnel to perform services pursuant to this Agreement. Consultant shall make
every reasonable effort to maintain the stability and continuity of Consultant’s staff and
subcontractors, if any, assigned to perform the services required under this Agreement. Consultant
shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to
perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees
or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to
City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the City Manager, or such person as may be designated by
the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is
kept informed of the progress of the performance of the services and the Consultant shall refer any
decisions which must be made by City to the Contract Officer. Unless otherwise specified herein,
any approval of City required hereunder shall mean the approval of the Contract Officer. The
Contract Officer shall have authority, if specified in writing by the City Manager, to sign all
documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or
means by which Consultant, its agents or employees, perform the services required herein, except
as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or
C.7.a
Packet Pg. 62
At
t
a
c
h
m
e
n
t
:
L
y
n
n
M
e
r
r
i
l
l
A
g
r
e
e
m
e
n
t
(
A
m
e
n
d
e
d
a
n
d
R
e
s
t
a
t
e
d
A
g
r
e
e
m
e
n
t
N
o
.
2
w
i
t
h
L
y
n
n
M
e
r
r
i
l
l
a
n
d
A
s
s
o
c
i
a
t
e
s
)
01247.0006/739360.4 10/19/2021
-9- 01005.0006/891650.1
control of Consultant’s employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Consultant shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents or employees
of City. City shall not in any way or for any purpose become or be deemed to be a partner of
Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with
Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
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
C.7.a
Packet Pg. 63
At
t
a
c
h
m
e
n
t
:
L
y
n
n
M
e
r
r
i
l
l
A
g
r
e
e
m
e
n
t
(
A
m
e
n
d
e
d
a
n
d
R
e
s
t
a
t
e
d
A
g
r
e
e
m
e
n
t
N
o
.
2
w
i
t
h
L
y
n
n
M
e
r
r
i
l
l
a
n
d
A
s
s
o
c
i
a
t
e
s
)
01247.0006/739360.4 10/19/2021
-10- 01005.0006/891650.1
written on a per occurrence for bodily injury and property damage in an amount not less than
$1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any
automobile.
(d) Professional Liability. Professional liability insurance appropriate to the
Consultant’s profession. This coverage may be written on a “claims made” basis, and must include
coverage for contractual liability. The professional liability insurance required by this Agreement
must be endorsed to be applicable to claims based upon, arising out of or related to services
performed under this Agreement. The insurance must be maintained for at least 5 consecutive
years following the completion of Consultant’s services or the termination of this Agreement.
During this additional 5-year period, Consultant shall annually and upon request of the City submit
written evidence of this continuous coverage.
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(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:
C.7.a
Packet Pg. 64
At
t
a
c
h
m
e
n
t
:
L
y
n
n
M
e
r
r
i
l
l
A
g
r
e
e
m
e
n
t
(
A
m
e
n
d
e
d
a
n
d
R
e
s
t
a
t
e
d
A
g
r
e
e
m
e
n
t
N
o
.
2
w
i
t
h
L
y
n
n
M
e
r
r
i
l
l
a
n
d
A
s
s
o
c
i
a
t
e
s
)
01247.0006/739360.4 10/19/2021
-11- 01005.0006/891650.1
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY
ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed]
Consultant Initials
City, its respective elected and appointed officers, directors, officials, employees, agents
and volunteers are to be covered as additional insureds as respects: liability arising out of activities
Consultant performs; products and completed operations of Consultant; premises owned, occupied
or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The
coverage shall contain no special limitations on the scope of protection afforded to City, and their
respective elected and appointed officers, officials, employees or volunteers. 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
C.7.a
Packet Pg. 65
At
t
a
c
h
m
e
n
t
:
L
y
n
n
M
e
r
r
i
l
l
A
g
r
e
e
m
e
n
t
(
A
m
e
n
d
e
d
a
n
d
R
e
s
t
a
t
e
d
A
g
r
e
e
m
e
n
t
N
o
.
2
w
i
t
h
L
y
n
n
M
e
r
r
i
l
l
a
n
d
A
s
s
o
c
i
a
t
e
s
)
01247.0006/739360.4 10/19/2021
-12- 01005.0006/891650.1
of or failure to perform any term, provision, covenant or condition of this Agreement, and in
connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of
said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s
fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection with
the negligent performance of or failure to perform such work, operations or activities of Consultant
hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees
harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorney’s
fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it
fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted
by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that
design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of
the negligence, recklessness or willful misconduct of the design professional. The indemnity
obligation shall be binding on successors and assigns of Consultant and shall survive termination
of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies
qualified to do business in California, rated “A” or better in the most recent edition of Best Rating
Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category
Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk
Manager”) due to unique circumstances. If this Agreement continues for more than 3 years
duration, or in the event the risk manager determines that the work or services to be performed
under this Agreement creates an increased or decreased risk of loss to the City, the Consultant
agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt
of written notice from the Risk Manager.
C.7.a
Packet Pg. 66
At
t
a
c
h
m
e
n
t
:
L
y
n
n
M
e
r
r
i
l
l
A
g
r
e
e
m
e
n
t
(
A
m
e
n
d
e
d
a
n
d
R
e
s
t
a
t
e
d
A
g
r
e
e
m
e
n
t
N
o
.
2
w
i
t
h
L
y
n
n
M
e
r
r
i
l
l
a
n
d
A
s
s
o
c
i
a
t
e
s
)
01247.0006/739360.4 10/19/2021
-13- 01005.0006/891650.1
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts,
invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the “books and records”), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete and
detailed. The Contract Officer shall have full and free access to such books and records at all times
during normal business hours of City, including the right to inspect, copy, audit and make records
and transcripts from such records. Such records shall be maintained for a period of three (3) years
following completion of the services hereunder, and the City shall have access to such records in
the event any audit is required. In the event of dissolution of Consultant’s business, custody of the
books and records may be given to City, and access shall be provided by Consultant’s successor
in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in
providing access to the books and records if a public records request is made and disclosure is
required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of
work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees
that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or
will materially increase or decrease the cost of the work or services contemplated herein or, if
Consultant is providing design services, the cost of the project being designed, Consultant shall
promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the “documents and materials”),
including any electronic documents and materials, prepared by Consultant, its employees,
subcontractors and agents in the performance of this Agreement shall be the property of City and
shall be delivered to City in a format of the City’s choice upon request of the Contract Officer or
upon the termination of this Agreement, and Consultant shall have no claim for further
employment or additional compensation as a result of the exercise by City of its full rights of
ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or
assignment of such completed documents for other projects and/or use of uncompleted documents
without specific written authorization by the Consultant will be at the City’s sole risk and without
liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use,
reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant
C.7.a
Packet Pg. 67
At
t
a
c
h
m
e
n
t
:
L
y
n
n
M
e
r
r
i
l
l
A
g
r
e
e
m
e
n
t
(
A
m
e
n
d
e
d
a
n
d
R
e
s
t
a
t
e
d
A
g
r
e
e
m
e
n
t
N
o
.
2
w
i
t
h
L
y
n
n
M
e
r
r
i
l
l
a
n
d
A
s
s
o
c
i
a
t
e
s
)
01247.0006/739360.4 10/19/2021
-14- 01005.0006/891650.1
shall have the right to use the concepts embodied therein. All subcontractors shall provide for
assignment to City of any documents or materials prepared by them, and in the event Consultant
fails to secure such assignment, Consultant shall indemnify City for all damages resulting
therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as
“works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby
deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions,
response to interrogatories or other information concerning the work performed under this
Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided
Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under. City retains the right, but has no obligation, to represent Consultant or be present at
any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and
to provide City with the opportunity to review any response to discovery requests provided by
Consultant. However, this right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of San Bernardino, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
C.7.a
Packet Pg. 68
At
t
a
c
h
m
e
n
t
:
L
y
n
n
M
e
r
r
i
l
l
A
g
r
e
e
m
e
n
t
(
A
m
e
n
d
e
d
a
n
d
R
e
s
t
a
t
e
d
A
g
r
e
e
m
e
n
t
N
o
.
2
w
i
t
h
L
y
n
n
M
e
r
r
i
l
l
a
n
d
A
s
s
o
c
i
a
t
e
s
)
01247.0006/739360.4 10/19/2021
-15- 01005.0006/891650.1
Court, venue shall lie exclusively in the Central District of California, in the County of San
Bernardino, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed after
the date of default. Instead, the City may give notice to Consultant of the default and the reasons
for the default. The notice shall include the timeframe in which Consultant may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Consultant is in default, the City shall hold
all invoices and shall, when the default is cured, proceed with payment on the invoices. In the
alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices
during the period of default. If Consultant does not cure the default, the City may take necessary
steps to terminate this Agreement under this Article. Any failure on the part of the City to give
notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights
or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant’s acts or omissions in performing or failing to 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
C.7.a
Packet Pg. 69
At
t
a
c
h
m
e
n
t
:
L
y
n
n
M
e
r
r
i
l
l
A
g
r
e
e
m
e
n
t
(
A
m
e
n
d
e
d
a
n
d
R
e
s
t
a
t
e
d
A
g
r
e
e
m
e
n
t
N
o
.
2
w
i
t
h
L
y
n
n
M
e
r
r
i
l
l
a
n
d
A
s
s
o
c
i
a
t
e
s
)
01247.0006/739360.4 10/19/2021
-16- 01005.0006/891650.1
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any
other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon written notice to Consultant. In addition, the
Consultant may terminate this Contract for cause, upon sixty (60) days’ advance written notice to
City. Upon receipt of any notice of termination, Consultant shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer. Except where the
Consultant has initiated termination, the Consultant shall be entitled to compensation for all
services rendered prior to the effective date of the notice of termination and for any services
authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or
such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event
the Consultant has initiated termination, the Consultant shall be entitled to compensation only for
the reasonable value of the work product actually produced hereunder. In the event of termination
without cause pursuant to this Section, the terminating party need not provide the non-terminating
party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and
prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to
the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such
damages), and City may withhold any payments to the Consultant for the purpose of set-off or
partial payment of the amounts owed the City as previously stated.
7.9 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
C.7.a
Packet Pg. 70
At
t
a
c
h
m
e
n
t
:
L
y
n
n
M
e
r
r
i
l
l
A
g
r
e
e
m
e
n
t
(
A
m
e
n
d
e
d
a
n
d
R
e
s
t
a
t
e
d
A
g
r
e
e
m
e
n
t
N
o
.
2
w
i
t
h
L
y
n
n
M
e
r
r
i
l
l
a
n
d
A
s
s
o
c
i
a
t
e
s
)
01247.0006/739360.4 10/19/2021
-17- 01005.0006/891650.1
the court allows which are incurred in such litigation. All such fees shall be deemed to have
accrued on commencement of such action and shall be enforceable whether or not such action is
prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successor, or for breach of any obligation of the terms
of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant’s performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times avoid
conflicts of interest or the appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected
class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions
imposed, together with any and all costs, including attorney’s fees, incurred by City.
C.7.a
Packet Pg. 71
At
t
a
c
h
m
e
n
t
:
L
y
n
n
M
e
r
r
i
l
l
A
g
r
e
e
m
e
n
t
(
A
m
e
n
d
e
d
a
n
d
R
e
s
t
a
t
e
d
A
g
r
e
e
m
e
n
t
N
o
.
2
w
i
t
h
L
y
n
n
M
e
r
r
i
l
l
a
n
d
A
s
s
o
c
i
a
t
e
s
)
01247.0006/739360.4 10/19/2021
-18- 01005.0006/891650.1
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party
desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager
and to the attention of the Contract Officer (with her/his name and City title), City of Grand
Terrace, 22795 Barton Rd, Grand Terrace, CA 92313, and in the case of the Consultant, to the
person(s) at the address designated on the execution page of this Agreement. Either party may
change its address by notifying the other party of the change of address in writing. Notice shall be
deemed communicated at the time personally delivered or in seventy-two (72) hours from the time
of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. No amendment to or modification
of this Agreement shall be valid unless made in writing and approved by the Consultant and by
the City Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections
contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or
decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any
of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder
unless the invalid provision is so material that its invalidity deprives either party of the basic benefit
of their bargain or renders this Agreement meaningless.
C.7.a
Packet Pg. 72
At
t
a
c
h
m
e
n
t
:
L
y
n
n
M
e
r
r
i
l
l
A
g
r
e
e
m
e
n
t
(
A
m
e
n
d
e
d
a
n
d
R
e
s
t
a
t
e
d
A
g
r
e
e
m
e
n
t
N
o
.
2
w
i
t
h
L
y
n
n
M
e
r
r
i
l
l
a
n
d
A
s
s
o
c
i
a
t
e
s
)
01247.0006/739360.4 10/19/2021
-19- 01005.0006/891650.1
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this
Agreement, nor shall any official, officer, or employee of City participate in any decision relating
to this Agreement which may affect his/her financial interest or the financial interest of any
corporation, partnership, or association in which (s)he is directly or indirectly interested, or in
violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
“financial interest” shall be consistent with State law and shall not include interests found to be
“remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5.
Nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation, including but not limited to the Political Reform Act (Government Code
Sections 81000, et seq.)
Consultant warrants and represents that it has not paid or given, and will not pay or give,
to any third party including, but not limited to, any City official, officer, or employee, any money,
consideration, or other thing of value as a result or consequence of obtaining or being awarded any
agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render this
Agreement void and of no force or effect.
Consultant’s Authorized Initials
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.7.a
Packet Pg. 73
At
t
a
c
h
m
e
n
t
:
L
y
n
n
M
e
r
r
i
l
l
A
g
r
e
e
m
e
n
t
(
A
m
e
n
d
e
d
a
n
d
R
e
s
t
a
t
e
d
A
g
r
e
e
m
e
n
t
N
o
.
2
w
i
t
h
L
y
n
n
M
e
r
r
i
l
l
a
n
d
A
s
s
o
c
i
a
t
e
s
)
20 01247.0006/739360.4 10/19/2021 01005.0006/891650.1
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
ATTEST:
Bill Hussey, Mayor
Debra L. Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Adrian R. Guerra, City Attorney
CONSULTANT:
Lynn Merrill and Associates, Inc.
By:
Name: Lynn Merrill
Title: Principal
By:
Name:
Title:
Address: 256 Cajon Street, Suite C
Redlands, CA 92373
Phone: 909-894-4425
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.7.a
Packet Pg. 74
At
t
a
c
h
m
e
n
t
:
L
y
n
n
M
e
r
r
i
l
l
A
g
r
e
e
m
e
n
t
(
A
m
e
n
d
e
d
a
n
d
R
e
s
t
a
t
e
d
A
g
r
e
e
m
e
n
t
N
o
.
2
w
i
t
h
L
y
n
n
M
e
r
r
i
l
l
a
n
d
A
s
s
o
c
i
a
t
e
s
)
01247.0006/739360.4 10/19/2021 01005.0006/891650.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On , 2021 before me, , personally appeared , proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
TITLE OR TYPE OF DOCUMENT
PARTNER(S) LIMITED
GENERAL
NUMBER OF PAGES
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
SIGNER(S) OTHER THAN NAMED ABOVE
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. 75
At
t
a
c
h
m
e
n
t
:
L
y
n
n
M
e
r
r
i
l
l
A
g
r
e
e
m
e
n
t
(
A
m
e
n
d
e
d
a
n
d
R
e
s
t
a
t
e
d
A
g
r
e
e
m
e
n
t
N
o
.
2
w
i
t
h
L
y
n
n
M
e
r
r
i
l
l
a
n
d
A
s
s
o
c
i
a
t
e
s
)
01247.0006/739360.4 10/19/2021 01005.0006/891650.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On , 2021 before me, , personally appeared , proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
TITLE OR TYPE OF DOCUMENT
PARTNER(S) LIMITED
GENERAL
NUMBER OF PAGES
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
SIGNER(S) OTHER THAN NAMED ABOVE
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. 76
At
t
a
c
h
m
e
n
t
:
L
y
n
n
M
e
r
r
i
l
l
A
g
r
e
e
m
e
n
t
(
A
m
e
n
d
e
d
a
n
d
R
e
s
t
a
t
e
d
A
g
r
e
e
m
e
n
t
N
o
.
2
w
i
t
h
L
y
n
n
M
e
r
r
i
l
l
a
n
d
A
s
s
o
c
i
a
t
e
s
)
A-1 01247.0006/739360.4 10/19/2021 01005.0006/891650.1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A. Contractor shall provide Services, as described further below, in relation to the
“Project,” which is described as follows:
Under the Cycle 9 Highway Safety Improvement Program (“HSIP”), the City was
awarded a grant to upgrade existing guardrails at high risk locations on Barton
Road, Mount Vernon Avenue, Vista Grande Way and Vivienda Avenue in the
amount of $648,300. This project is in coordination with the City of Colton.
According to the Implementation Schedule submitted with the grant, the City
should commence solicitation of PE consultants to prepare the PS&E
documentation on or about April 1, 2019, with an expected completion of the PE
Phase by February 1, 2022. Construction is slated to commence on or about July 1,
2022 and be completed on or about February 1, 2023. The Grant closeout should
be completed by June 30, 2023.
B. Consultant shall act as City’s Contract Administrator for the Project, which shall
include, but is not limited to ensuring that the City complies with all the
requirements of the grant awarded to the City pursuant to the HSIP (“Grant”) and
the CalTrans Local Assistance Procedure Manual (“LAPM”) during all stages of
the Project. (35% COMPLETE).
C. In carrying out the Services, Contractor shall also prepare the required Request for
Authorization to Proceed (E-76) in order to commence development of a
procurement package for an Architectural & Engineering (“A&E”) agreement,
including the preparation of a scope of work, assemblage of the Request for
Proposal Package, coordination of the package through the solicitation and award
process, and to provide any additional and related administrative support requested
by the Contract Officer. (80% COMPLETE)
D. Upon award of the A&E agreement by the City, Consultant shall continue to
provide contract administration services for the Project, which shall include, but is
not limited to, the development of bid documents necessary to solicit construction
and installation bids from qualified contractors (“Construction Contractors”). Such
bid documents shall be delivered pursuant to the schedule developed by Consultant
and approved by the City as provided in Exhibit “D”. (INCOMPLETE)
E. Consultant shall prepare and submit all reports required by the Grant to any
reviewing agencies as may be required by applicable law, including, but not limited
to the Grant requirements (“Applicable Law”). (35% COMPLETE)
F. Consultant shall be the City’s liaison between the City and the City’s A&E
consultant to ensure that all necessary documentation and Project milestones will
be met. (INCOMPLETE)
C.7.a
Packet Pg. 77
At
t
a
c
h
m
e
n
t
:
L
y
n
n
M
e
r
r
i
l
l
A
g
r
e
e
m
e
n
t
(
A
m
e
n
d
e
d
a
n
d
R
e
s
t
a
t
e
d
A
g
r
e
e
m
e
n
t
N
o
.
2
w
i
t
h
L
y
n
n
M
e
r
r
i
l
l
a
n
d
A
s
s
o
c
i
a
t
e
s
)
A-2 01247.0006/739360.4 10/19/2021 01005.0006/891650.1
G. Consultant shall, as may be required by the City, be the City’s liaison between the
City and the City’s Construction Contractors. (INCOMPLETE)
H. Consultant shall continue to provide administration of the Grant by ensuring that
all documents supporting the Grant and any required approvals are timely
submitted. (35% COMPLETE)
I. Consultant shall provide such services as necessary to ensure that the Grant is
closed out in accordance with Applicable Law, which is anticipated to occur from
February 1, 2023 through June 30, 2023.
II. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A. Prepare and submit all required Grant documents, including, but not limited, to the
Request for Authorization to Proceed (E-76) in accordance with the schedule
developed by Consultant and approved by the City pursuant to Exhibit “D”. (80%
COMPLETE)
B. Prepare the procurement package for an A&E agreement, including the preparation
of a scope of work, assemblage of the Request for Proposal Package, and review of
bid documents in accordance with the schedule developed by Consultant and
approved by the City pursuant to Exhibit “D”. (100% COMPLETE)
C. Prepare bid documents necessary to solicit construction and installation bids from
qualified contractors for the Project in accordance with the schedule developed by
Consultant and approved by the City pursuant to Exhibit “D”. (INCOMPLETE)
D. Prepare such other documents as may be necessary to carry out the Services under
this Agreement in accordance with the schedule developed by Consultant and
approved by the City pursuant to Exhibit “D”. (INCOMPLETE)
III. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City appraised of the status of performance by delivering
the following status reports:
A. Weekly written status report to the Contract Officer and the City’s Director of
Public Works.
B. Such other status reports as may be requested by the Contract Officer or the City’s
Director of Public Works from time to time.
IV. All work product, including without limitation such work product related to Tasks
shown as “(COMPLETE)” in this Exhibit “A”, 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. Consultant shall perform all the
Tasks marked as “(INCOMPLETE)” or, in the case where only a percentage of a
task is completed, the remaining incomplete percentage of such task in Exhibit “A”
until completion. Completion is subject to review and acceptance by the City and must
be revised by the Consultant without additional charge to the City until found
C.7.a
Packet Pg. 78
At
t
a
c
h
m
e
n
t
:
L
y
n
n
M
e
r
r
i
l
l
A
g
r
e
e
m
e
n
t
(
A
m
e
n
d
e
d
a
n
d
R
e
s
t
a
t
e
d
A
g
r
e
e
m
e
n
t
N
o
.
2
w
i
t
h
L
y
n
n
M
e
r
r
i
l
l
a
n
d
A
s
s
o
c
i
a
t
e
s
)
A-3 01247.0006/739360.4 10/19/2021 01005.0006/891650.1
satisfactory and accepted by City which approval and acceptance shall not be
unreasonably withheld.
C.7.a
Packet Pg. 79
At
t
a
c
h
m
e
n
t
:
L
y
n
n
M
e
r
r
i
l
l
A
g
r
e
e
m
e
n
t
(
A
m
e
n
d
e
d
a
n
d
R
e
s
t
a
t
e
d
A
g
r
e
e
m
e
n
t
N
o
.
2
w
i
t
h
L
y
n
n
M
e
r
r
i
l
l
a
n
d
A
s
s
o
c
i
a
t
e
s
)
B-1 01247.0006/739360.4 10/19/2021 01005.0006/891650.1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
C.7.a
Packet Pg. 80
At
t
a
c
h
m
e
n
t
:
L
y
n
n
M
e
r
r
i
l
l
A
g
r
e
e
m
e
n
t
(
A
m
e
n
d
e
d
a
n
d
R
e
s
t
a
t
e
d
A
g
r
e
e
m
e
n
t
N
o
.
2
w
i
t
h
L
y
n
n
M
e
r
r
i
l
l
a
n
d
A
s
s
o
c
i
a
t
e
s
)
C-1 01247.0006/739360.4 10/19/2021 01005.0006/891650.1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the Tasks marked as “(INCOMPLETE)” or, in the case
where only a percentage of a task is completed, the remaining incomplete percentage
of such task in Exhibit “A” until completion at the billing rates provided in Exhibit
“C-1”.
II. Consultant acknowledges and agrees that City has compensated Consultant for those
Tasks, or portion of such Tasks, shown as “( % COMPLETE)” under Exhibit “A”, and
that Consultant shall not be entitled for any additional payment for such tasks or
portion thereof.
III. Within the budgeted amounts for each Task as provided in Exhibit “C-1” that are
shown as “(INCOMPLETE)” or, in the case where only a percentage of a task is
completed, the remaining incomplete percentage of such task in Exhibit “A”, and
with the approval of the Contract Officer, funds may be shifted from one Task
subbudget to another so long as the Contract Sum is not exceeded per Section 2.1,
unless Additional Services are approved per Section 1.8.
IV. 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.
V. The total compensation for the Services under the Original Agreement and this
Agreement shall not exceed $32,415 as provided in Section 2.1 of this Agreement.
VI. The Consultant’s billing rates for all personnel are attached as Exhibit “C-1”.
C.7.a
Packet Pg. 81
At
t
a
c
h
m
e
n
t
:
L
y
n
n
M
e
r
r
i
l
l
A
g
r
e
e
m
e
n
t
(
A
m
e
n
d
e
d
a
n
d
R
e
s
t
a
t
e
d
A
g
r
e
e
m
e
n
t
N
o
.
2
w
i
t
h
L
y
n
n
M
e
r
r
i
l
l
a
n
d
A
s
s
o
c
i
a
t
e
s
)
C-2 01247.0006/739360.4 10/19/2021 01005.0006/891650.1
EXHIBIT C-1
CONSULTANT’S RATES
C.7.a
Packet Pg. 82
At
t
a
c
h
m
e
n
t
:
L
y
n
n
M
e
r
r
i
l
l
A
g
r
e
e
m
e
n
t
(
A
m
e
n
d
e
d
a
n
d
R
e
s
t
a
t
e
d
A
g
r
e
e
m
e
n
t
N
o
.
2
w
i
t
h
L
y
n
n
M
e
r
r
i
l
l
a
n
d
A
s
s
o
c
i
a
t
e
s
)
D-1 01247.0006/739360.4 10/19/2021 01005.0006/891650.1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I Consultant shall commence the Services marked as “(INCOMPLETE)” or, in the case
where only a percentage of a task is completed, the remaining incomplete percentage
of such task , as described in Exhibit “A,” within 7 days of the City’s issuance of a
notice to proceed, provided that the notice of proceed shall not be issued until the City
has received evidence of Consultant’s City business license, certificates of insurance
evidencing insurance required by this Agreement, and any other documentation
required by the City prior to commencement of the Services under this Agreement.
II. Consultant shall perform all Services timely in accordance with the schedule to be
developed or revised, as applicable, by Consultant and subject to the written approval
of the Contract Officer.
Consultant shall complete all Services under this Agreement by June 30, 2024.
Consultant expressly understands that time is of the essence in performance of this
contract and in no even shall completion of all services extend beyond June 30, 2024.
Failure by Consultant to complete the remaining services by June 30, 2024 shall
suspend the City’s obligation to pay Consultant the remaining balance of the Contract
Sum. However, if for any reason Consultant is unable to complete all Services by June
30, 2024, Consultant shall continue to perform all Incomplete or remaining Incomplete
percentages of such services until completion as required by the City at the billing rates
provided in Exhibit “C-1”, subject to authorization by the Contract Officer, unless
otherwise agreed upon in writing by the Parties.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
C.7.a
Packet Pg. 83
At
t
a
c
h
m
e
n
t
:
L
y
n
n
M
e
r
r
i
l
l
A
g
r
e
e
m
e
n
t
(
A
m
e
n
d
e
d
a
n
d
R
e
s
t
a
t
e
d
A
g
r
e
e
m
e
n
t
N
o
.
2
w
i
t
h
L
y
n
n
M
e
r
r
i
l
l
a
n
d
A
s
s
o
c
i
a
t
e
s
)
AGENDA REPORT
MEETING DATE: May 23, 2023 Council Item
TITLE: An Agreement Between the City of Grand Terrace and
Michael Baker International - Housing Element Consultant
Services to Complete the 2021-2029 HCD Response to
Comments and Obtain an Adopted Housing Element
PRESENTED BY: Haide Aguirre, Senior Planner
RECOMMENDATION: 1. Approve a Professional Services Agreement Between the
City of Grand Terrace and Michael Baker International for
Housing Element Consultant Services for the 2021-2029
Housing Element Response to HCD Comments and Housing
Element Adoption in the amount of $40,250.00 with a 10%
contingency of $4,025.00;
2. Authorize the City Manager to Execute the Agreement
subject to the City Attorney's approval as to form; and
3. Authorize the appropriation of the following funding
sources: Local Early Action Planning (LEAP) Grant of
$20,000.00 and General Fund of $20,250.00.
2030 VISION STATEMENT:
This staff report supports Goal #1, Ensuring Fiscal Viability and Goal #3, Promote
Economic Development by having an internally consistent General Plan.
BACKGROUND/DISCUSSION:
The State of California requires local governments to adequately plan to meet the
housing needs of the community. The General Plan serves as the “blueprint” for how
the city will grow and develop. The Housing Element is one of seven state mandated
components of a General Plan. On September 27, 2016, the Grand Terrace City
Council adopted the 2014-2021 (fifth cycle) reviewed and accepted by the State of
California Housing and Community Development Department (HCD).
On June 9, 2020, the City Council adopted a Resolution authorizing application
submittal of the Local Early Action Plan (LEAP) Grant Program, through the Housing
and Community Development in the amount of $65,000.00.
On March 23, 2021, the City Council approved a Professional Services Agreement with J.H. Douglas and Associates in the amount of $68,950 for the preparation of the
Housing Element (sixth cycle). The City Council directed staff to submit the Housing
C.8
Packet Pg. 84
Element Draft to the HCD for review and on February 10, 2022, the City of Grand Terrace received comments from the Department of Housing and Community
Development.
The contract between the City of Grand Terrace and J.H. Douglas expired and was not
extended due to unsupported revisions to the contract language. The worked performed by J.H. Douglas under the contract, totaled $42,090.00 which was accounted from the
LEAP Grant funds.
On April 2022, San Bernardino County Transportation Authority (SBCTA) granted
assistance to the City of Grand Terrace through the Regional Early Action Planning
Grant (REAP 1.0) and assigned Michael Baker International (“Consultant) to assist the
City of Grand Terrace with the sixth cycle Housing Element Updates. The SBCTA Grant
funding concluded in December 2022.
Michael Baker International has been working with city staff in completing responses to
HCD comments. The city wishes to continue working with Michael Baker International to
complete HCD Comments, resubmit to the HCD for review, and obtain an adopted
Housing Element.
Michael Baker International has prepared a cost proposal to complete the revisions to
the HCD and obtain an adopted Housing Element.
Attached is the proposed Housing Element consultant services contract (Attachment 1),
Michael Baker Proposal (Attachment 2), the California Department of Housing and
Community Development (HCD) Comments Letter dated February 10, 2022
(Attachment 3), the Local Early Action Plan (LEAP) Grant approval for $65,000.00
(Attachment 4), and City Council Resolution 2020-18 (Attachment 5) authorizing City
Staff to pursue the grant.
FISCAL IMPACT:
The cost proposal is $40,250.00, plus a $4,025.00 contingency; $20,000.00 of the
Housing/Safety Element cost will be covered through the remaining fees approved
through the Local Early Action Planning (LEAP) Grant account #52-400-250-000-000.
The city will pay the remaining $20,250.00 from the Professional Services Account 10-
370-250-000-000 already allocated and approved in the Fiscal Year 2022-2023
Planning budget.
ATTACHMENTS:
• MBI Contract Agreement_Housing Element HCD Responses (DOCX)
• MBI_Grand Terrace Housing Element (PDF)
• HCD Draft Comment Letter_2.10.2022 (PDF)
• Attachment 1_20-LEAP-15036 Executed (PDF)
• Attachment 3_Resolution 2020-18 (PDF)
C.8
Packet Pg. 85
APPROVALS:
Haide Aguirre Completed 05/12/2023 10:04 PM
City Attorney Completed 05/15/2023 4:41 PM
Finance Completed 05/16/2023 8:50 AM
City Manager Completed 05/17/2023 12:43 PM
City Council Pending 05/23/2023 6:00 PM
C.8
Packet Pg. 86
01247.0001/873696.1 4/13/2023
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF GRAND TERRACE
and
MICHAEL BAKER INTERNATIONAL
C.8.a
Packet Pg. 87
At
t
a
c
h
m
e
n
t
:
M
B
I
C
o
n
t
r
a
c
t
A
g
r
e
e
m
e
n
t
_
H
o
u
s
i
n
g
E
l
e
m
e
n
t
H
C
D
R
e
s
p
o
n
s
e
s
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
01247.0001/873696.1 4/13/2023 -2-
AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF GRAND TERRACE AND
MICHAEL BAKER INTERNATIONAL.
This “AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY
OF GRAND TERRACE AND MICHAEL BAKER INTERNATIONAL” (herein “Agreement”)
is made and entered into this 23th day of May 2023 by and between the City of Grand Terrace, a
California municipal corporation (“City”) and Michel Baker International (“Consultant”). City and
Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter
collectively referred to as the “Parties.”
RECITALS
A. Consultant has been working with City staff in completing responses to the
California Department of Housing and Community Development (“HCD”) comments for the
City’s 6th Cycle Housing Element Update (“HEU”) under contract with the San Bernardino County
Transportation Authority (SBCTA) Regional Early Action Planning grant (REAP 1.0). The REAP
1.0 funds were used county-wide to assist 24 agencies, including the City, with planning services
related to the production of housing, and those grant funds have been fully expended.
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. The City wishes to continue working with Consultant to complete HCD Comments,
resubmit to the HCD for review, and obtain an adopted substantially compliant Housing Element.
Consultant, following submission of a proposal or bid for the performance of the additional
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
Formatted: Superscript
C.8.a
Packet Pg. 88
At
t
a
c
h
m
e
n
t
:
M
B
I
C
o
n
t
r
a
c
t
A
g
r
e
e
m
e
n
t
_
H
o
u
s
i
n
g
E
l
e
m
e
n
t
H
C
D
R
e
s
p
o
n
s
e
s
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
01247.0001/873696.1 4/13/2023 -3-
herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Consultant represents and
warrants that it has the qualifications, experience, and facilities necessary to properly perform the
services required under this Agreement in a thorough, competent, and professional manner, and is
experienced in performing the work and services contemplated herein. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all services
described herein. Consultant covenants that it shall follow the highest professional standards in
performing the work and services required hereunder and that all materials will be both of good
quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest
professional standards” shall mean those standards of practice recognized by one or more first-
class firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement
shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in
accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as
may be required by law for the performance of the services required by this Agreement. Consultant
shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties
and interest, which may be imposed by law and arise from or are necessary for the Consultant’s
performance of the services required by this Agreement, and shall indemnify, defend and hold
harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes,
penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant’s risk until written instructions are
received from the Contract Officer.
C.8.a
Packet Pg. 89
At
t
a
c
h
m
e
n
t
:
M
B
I
C
o
n
t
r
a
c
t
A
g
r
e
e
m
e
n
t
_
H
o
u
s
i
n
g
E
l
e
m
e
n
t
H
C
D
R
e
s
p
o
n
s
e
s
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
01247.0001/873696.1 4/13/2023 -4-
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish
continuous protection to the work, and the equipment, materials, papers, documents, plans, studies
and/or other components thereof to prevent losses or damages, and shall be responsible for all such
damages, to persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City’s own negligence.
1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all instruments,
prepare all documents and take all actions as may be reasonably necessary to carry out the purposes
of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of
the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or
make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work,
and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written
approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the
Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty
(180) days, may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively, must be approved by the City Council. It is expressly understood by
Consultant that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to
be provided pursuant to the Scope of Services may be more costly or time consuming than
Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.
City may in its sole and absolute discretion have similar work done by other consultants. No
claims for an increase in the Contract Sum or time for performance shall be valid unless the
procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein
by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other
provisions of this Agreement, the provisions of Exhibit “B” shall govern.
C.8.a
Packet Pg. 90
At
t
a
c
h
m
e
n
t
:
M
B
I
C
o
n
t
r
a
c
t
A
g
r
e
e
m
e
n
t
_
H
o
u
s
i
n
g
E
l
e
m
e
n
t
H
C
D
R
e
s
p
o
n
s
e
s
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
01247.0001/873696.1 4/13/2023 -5-
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 Forty Thousand, Two Hundred and Fifty Dollars and No Cents
($40,250.00) (the “Contract Sum”), unless additional compensation is approved pursuant to
Section 1.8.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services, less
contract retention; (iii) payment for time and materials based upon the Consultant’s rates as
specified in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not
exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
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,
C.8.a
Packet Pg. 91
At
t
a
c
h
m
e
n
t
:
M
B
I
C
o
n
t
r
a
c
t
A
g
r
e
e
m
e
n
t
_
H
o
u
s
i
n
g
E
l
e
m
e
n
t
H
C
D
R
e
s
p
o
n
s
e
s
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
01247.0001/873696.1 4/13/2023 -6-
the City cannot guarantee that payment will occur within this time period. In the event any charges
or expenses are disputed by City, the original invoice shall be returned by City to Consultant for
correction and resubmission. Review and payment by City for any invoice provided by the
Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable
law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed
to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in the
“Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires,
earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency, including the City, if the Consultant shall
within ten (10) days of the commencement of such delay notify the Contract Officer in writing of
the causes of the delay. The Contract Officer shall ascertain the facts and the extent of 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)
C.8.a
Packet Pg. 92
At
t
a
c
h
m
e
n
t
:
M
B
I
C
o
n
t
r
a
c
t
A
g
r
e
e
m
e
n
t
_
H
o
u
s
i
n
g
E
l
e
m
e
n
t
H
C
D
R
e
s
p
o
n
s
e
s
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
01247.0001/873696.1 4/13/2023 -7-
years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit
“D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the work
specified herein and make all decisions in connection therewith:
Tanya Bilezikjian, P.E., ENV SP, Office Executive, Vice President
(Corporate Secretary)
(Name) (Title)
Peter Minegar, AICP, Office Executive, Vice President
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only competent personnel to perform services pursuant to this Agreement. Consultant shall make
every reasonable effort to maintain the stability and continuity of Consultant’s staff and
subcontractors, if any, assigned to perform the services required under this Agreement. Consultant
shall notify City of any changes in Consultant’s staff and subcontractors, if any, 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.
C.8.a
Packet Pg. 93
At
t
a
c
h
m
e
n
t
:
M
B
I
C
o
n
t
r
a
c
t
A
g
r
e
e
m
e
n
t
_
H
o
u
s
i
n
g
E
l
e
m
e
n
t
H
C
D
R
e
s
p
o
n
s
e
s
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
01247.0001/873696.1 4/13/2023 -8-
4.3 Contract Officer.
The Contract Officer shall be Konrad Bolowich, City Manager or such person as may be
designated by the City Manager. It shall be the Consultant’s responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the services and the
Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the approval of the
Contract Officer. The Contract Officer shall have authority, if specified in writing by the City
Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of
this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or
means by which Consultant, its agents or employees, perform the services required herein, except
as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or
control of Consultant’s employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Consultant shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents or employees
of City. City shall not in any way or for any purpose become or be deemed to be a partner of
Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with
Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written approval of City. Transfers restricted hereunder shall include the transfer
to any person or group of persons acting in concert of more than twenty five percent (25%) of the
present ownership and/or control of Consultant, taking all transfers into account on a cumulative
basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this
Agreement shall be void. No approved transfer shall release the Consultant or any surety of
Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form and
content satisfactory to City, during the entire term of this Agreement including any extension
thereof, the following policies of insurance which shall cover all elected and appointed officers,
employees and agents of City:
C.8.a
Packet Pg. 94
At
t
a
c
h
m
e
n
t
:
M
B
I
C
o
n
t
r
a
c
t
A
g
r
e
e
m
e
n
t
_
H
o
u
s
i
n
g
E
l
e
m
e
n
t
H
C
D
R
e
s
p
o
n
s
e
s
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
01247.0001/873696.1 4/13/2023 -9-
(a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A
policy of comprehensive general liability insurance written on a per occurrence basis for bodily
injury, personal injury and property damage. The policy of insurance shall be in an amount not
less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general
aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance. A policy of worker’s compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or
damage arising from any injuries or occupational diseases occurring to any worker employed by
or any persons retained by the Consultant in the course of carrying out the work or services
contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and
endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance
written on a per occurrence for bodily injury and property damage in an amount not less than
$1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any
automobile.
(d) Professional Liability. Professional liability insurance appropriate to the
Consultant’s profession. This coverage may be written on a “claims made” basis, and must include
coverage for contractual liability. The professional liability insurance required by this Agreement
must be endorsed to be applicable to claims based upon, arising out of or related to services
performed under this Agreement. The insurance must be maintained for at least 5 consecutive
years following the completion of Consultant’s services or the termination of this Agreement.
During this additional 5-year period, Consultant shall annually and upon request of the City submit
written evidence of this continuous coverage.
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(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
C.8.a
Packet Pg. 95
At
t
a
c
h
m
e
n
t
:
M
B
I
C
o
n
t
r
a
c
t
A
g
r
e
e
m
e
n
t
_
H
o
u
s
i
n
g
E
l
e
m
e
n
t
H
C
D
R
e
s
p
o
n
s
e
s
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
01247.0001/873696.1 4/13/2023 -10-
are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance
in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Consultant has
provided the City with Certificates of Insurance, additional insured endorsement forms or
appropriate insurance binders evidencing the above insurance coverages and said Certificates of
Insurance or binders are approved by the City. City reserves the right to inspect complete, certified
copies of and endorsements to all required insurance policies at any time. Any failure to comply
with the reporting or other provisions of the policies including breaches or warranties shall not
affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate
endorsement) and shall conform to the following “cancellation” notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY
ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed] ______________
Consultant Initials
City, its respective elected and appointed officers, directors, officials, employees, agents
and volunteers are to be covered as additional insureds as respects: liability arising out of activities
Consultant performs; products and completed operations of Consultant; premises owned, occupied
or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The
coverage shall contain no special limitations on the scope of protection afforded to City, and their
respective elected and appointed officers, officials, employees or volunteers. 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
C.8.a
Packet Pg. 96
At
t
a
c
h
m
e
n
t
:
M
B
I
C
o
n
t
r
a
c
t
A
g
r
e
e
m
e
n
t
_
H
o
u
s
i
n
g
E
l
e
m
e
n
t
H
C
D
R
e
s
p
o
n
s
e
s
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
01247.0001/873696.1 4/13/2023 -11-
to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to
City.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold
and save them and each of them harmless from, any and all actions, either judicial, administrative,
arbitration or regulatory claims, damages to persons or property, losses, costs, penalties,
obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or
liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein of
Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity
for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’
reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance
of or failure to perform any term, provision, covenant or condition of this Agreement, and in
connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of
said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s
fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection with
the negligent performance of or failure to perform such work, operations or activities of Consultant
hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees
harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
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
C.8.a
Packet Pg. 97
At
t
a
c
h
m
e
n
t
:
M
B
I
C
o
n
t
r
a
c
t
A
g
r
e
e
m
e
n
t
_
H
o
u
s
i
n
g
E
l
e
m
e
n
t
H
C
D
R
e
s
p
o
n
s
e
s
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
01247.0001/873696.1 4/13/2023 -12-
obligation shall be binding on successors and assigns of Consultant and shall survive termination
of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies
qualified to do business in California, rated “A” or better in the most recent edition of Best Rating
Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category
Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk
Manager”) due to unique circumstances. If this Agreement continues for more than 3 years
duration, or in the event the risk manager determines that the work or services to be performed
under this Agreement creates an increased or decreased risk of loss to the City, the Consultant
agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt
of written notice from the Risk Manager.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts,
invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the “books and records”), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete and
detailed. The Contract Officer shall have full and free access to such books and records at all times
during normal business hours of City, including the right to inspect, copy, audit and make records
and transcripts from such records. Such records shall be maintained for a period of three (3) years
following completion of the services hereunder, and the City shall have access to such records in
the event any audit is required. In the event of dissolution of Consultant’s business, custody of the
books and records may be given to City, and access shall be provided by 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.
C.8.a
Packet Pg. 98
At
t
a
c
h
m
e
n
t
:
M
B
I
C
o
n
t
r
a
c
t
A
g
r
e
e
m
e
n
t
_
H
o
u
s
i
n
g
E
l
e
m
e
n
t
H
C
D
R
e
s
p
o
n
s
e
s
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
01247.0001/873696.1 4/13/2023 -13-
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the “documents and materials”),
including any electronic documents and materials, prepared by Consultant, its employees,
subcontractors and agents in the performance of this Agreement shall be the property of City and
shall be delivered to City in a format of the City’s choice upon request of the Contract Officer or
upon the termination of this Agreement, and Consultant shall have no claim for further
employment or additional compensation as a result of the exercise by City of its full rights of
ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or
assignment of such completed documents for other projects and/or use of uncompleted documents
without specific written authorization by the Consultant will be at the City’s sole risk and without
liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use,
reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant
shall have the right to use the concepts embodied therein. All subcontractors shall provide for
assignment to City of any documents or materials prepared by them, and in the event Consultant
fails to secure such assignment, Consultant shall indemnify City for all damages resulting
therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as
“works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby
deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(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
C.8.a
Packet Pg. 99
At
t
a
c
h
m
e
n
t
:
M
B
I
C
o
n
t
r
a
c
t
A
g
r
e
e
m
e
n
t
_
H
o
u
s
i
n
g
E
l
e
m
e
n
t
H
C
D
R
e
s
p
o
n
s
e
s
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
01247.0001/873696.1 4/13/2023 -14-
to provide City with the opportunity to review any response to discovery requests provided by
Consultant. However, this right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of San Bernardino, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of San
Bernardino, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed after
the date of default. Instead, the City may give notice to Consultant of the default and the reasons
for the default. The notice shall include the timeframe in which Consultant may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Consultant is in default, the City shall hold
all invoices and shall, when the default is cured, proceed with payment on the invoices. In the
alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices
during the period of default. If Consultant does not cure the default, the City may take necessary
steps to terminate this Agreement under this Article. Any failure on the 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.
C.8.a
Packet Pg. 100
At
t
a
c
h
m
e
n
t
:
M
B
I
C
o
n
t
r
a
c
t
A
g
r
e
e
m
e
n
t
_
H
o
u
s
i
n
g
E
l
e
m
e
n
t
H
C
D
R
e
s
p
o
n
s
e
s
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
01247.0001/873696.1 4/13/2023 -15-
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.
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.
C.8.a
Packet Pg. 101
At
t
a
c
h
m
e
n
t
:
M
B
I
C
o
n
t
r
a
c
t
A
g
r
e
e
m
e
n
t
_
H
o
u
s
i
n
g
E
l
e
m
e
n
t
H
C
D
R
e
s
p
o
n
s
e
s
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
01247.0001/873696.1 4/13/2023 -16-
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.
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
C.8.a
Packet Pg. 102
At
t
a
c
h
m
e
n
t
:
M
B
I
C
o
n
t
r
a
c
t
A
g
r
e
e
m
e
n
t
_
H
o
u
s
i
n
g
E
l
e
m
e
n
t
H
C
D
R
e
s
p
o
n
s
e
s
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
01247.0001/873696.1 4/13/2023 -17-
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.
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
C.8.a
Packet Pg. 103
At
t
a
c
h
m
e
n
t
:
M
B
I
C
o
n
t
r
a
c
t
A
g
r
e
e
m
e
n
t
_
H
o
u
s
i
n
g
E
l
e
m
e
n
t
H
C
D
R
e
s
p
o
n
s
e
s
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
01247.0001/873696.1 4/13/2023 -18-
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.)
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
C.8.a
Packet Pg. 104
At
t
a
c
h
m
e
n
t
:
M
B
I
C
o
n
t
r
a
c
t
A
g
r
e
e
m
e
n
t
_
H
o
u
s
i
n
g
E
l
e
m
e
n
t
H
C
D
R
e
s
p
o
n
s
e
s
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
01247.0001/873696.1 4/13/2023 -19-
bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
C.8.a
Packet Pg. 105
At
t
a
c
h
m
e
n
t
:
M
B
I
C
o
n
t
r
a
c
t
A
g
r
e
e
m
e
n
t
_
H
o
u
s
i
n
g
E
l
e
m
e
n
t
H
C
D
R
e
s
p
o
n
s
e
s
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
01247.0001/873696.1 4/13/2023 20
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
CITY:
City of Grand Terrace, a municipal corporation
_____________________________________
Konrad Bolowich, City Manager
ATTEST:
_____________________________________
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
____________________________________
Adrian R. Guerra, City Attorney
CONSULTANT:
By:
____________________________________
Name: Tanya Bilezikjian, P.E. ENV SP
Title: Office Executive, Vice President
By:
____________________________________
Name: Peter Minegar, AICP
Title: Office Executive, Vice President
Address: 3536 Concours Street, Suite 100
Ontario, CA 92764
____________________________________
Two corporate officer signatures required when Consultant is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
C.8.a
Packet Pg. 106
At
t
a
c
h
m
e
n
t
:
M
B
I
C
o
n
t
r
a
c
t
A
g
r
e
e
m
e
n
t
_
H
o
u
s
i
n
g
E
l
e
m
e
n
t
H
C
D
R
e
s
p
o
n
s
e
s
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
01247.0001/873696.1 4/13/2023
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
C.8.a
Packet Pg. 107
At
t
a
c
h
m
e
n
t
:
M
B
I
C
o
n
t
r
a
c
t
A
g
r
e
e
m
e
n
t
_
H
o
u
s
i
n
g
E
l
e
m
e
n
t
H
C
D
R
e
s
p
o
n
s
e
s
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
01247.0001/873696.1 4/13/2023
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
C.8.a
Packet Pg. 108
At
t
a
c
h
m
e
n
t
:
M
B
I
C
o
n
t
r
a
c
t
A
g
r
e
e
m
e
n
t
_
H
o
u
s
i
n
g
E
l
e
m
e
n
t
H
C
D
R
e
s
p
o
n
s
e
s
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
01247.0001/873696.1 4/13/2023 A-1
EXHIBIT “A”
SCOPE OF SERVICES
A. Michael Baker International (“Michael Baker” or “Consultant”) had been assisting the
City of Grand Terrace with its Housing Element Update (HEU) under contract with the San
Bernardino County Transportation Authority (SBCTA) Regional Early Action Planning grant
(REAP 1.0). The REAP 1.0 funds were used county-wide to assist 24 agencies with planning
services related to the production of housing, and those grant funds have been fully expended.
The City wishes to establish a contract with Micheal Baker International in the amount of Forty
Thousand, Two Hundred and Fifty Dollars and No Cents ($40,250.00) (the “Contract Sum”),
to respond to comments by the state’s Housing and Community Development Department
including the finalization of the City’s sites inventory and preparation of an analysis compliant
with AB 686, Affirmatively Furthering Fair Housing. From the total contract amount, Twenty
Thousand and No Cents ($20,000) will be allocated from the Local Early Action Planning grant
(LEAP) Grant (20-LEAP-15036) funding toward its Housing Element.
B. The Consultant will use the City’s current draft Housing Element and partner with City
staff to address the comments provided by the Housing and Community Development
Department in the letter dated February 12, 2022. The Consultant will submit the draft Housing
Element to HCD for review and will lead facilitation and ongoing consultations with HCD to
achieve compliance with applicable state guidelines. In addition, the Consultant will prepare the
final Housing Element Update document with any final revisions resulting from HCD review, as
budget permits, and will provide required findings to City Staff for City Council adoption.
C. The foregoing is a brief summary and the full scope of services to be provided by consultant
are included on the attached Proposal enclosed as Exhibit A-1
C.8.a
Packet Pg. 109
At
t
a
c
h
m
e
n
t
:
M
B
I
C
o
n
t
r
a
c
t
A
g
r
e
e
m
e
n
t
_
H
o
u
s
i
n
g
E
l
e
m
e
n
t
H
C
D
R
e
s
p
o
n
s
e
s
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
01247.0001/873696.1 4/13/2023 A-1
EXHIBIT “A-1”
Michael Baker International Proposal
C.8.a
Packet Pg. 110
At
t
a
c
h
m
e
n
t
:
M
B
I
C
o
n
t
r
a
c
t
A
g
r
e
e
m
e
n
t
_
H
o
u
s
i
n
g
E
l
e
m
e
n
t
H
C
D
R
e
s
p
o
n
s
e
s
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
01247.0001/873696.1 4/13/2023 A-1
C.8.a
Packet Pg. 111
At
t
a
c
h
m
e
n
t
:
M
B
I
C
o
n
t
r
a
c
t
A
g
r
e
e
m
e
n
t
_
H
o
u
s
i
n
g
E
l
e
m
e
n
t
H
C
D
R
e
s
p
o
n
s
e
s
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
01247.0001/873696.1 4/13/2023 A-1
C.8.a
Packet Pg. 112
At
t
a
c
h
m
e
n
t
:
M
B
I
C
o
n
t
r
a
c
t
A
g
r
e
e
m
e
n
t
_
H
o
u
s
i
n
g
E
l
e
m
e
n
t
H
C
D
R
e
s
p
o
n
s
e
s
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
01247.0001/873696.1 4/13/2023 A-1
C.8.a
Packet Pg. 113
At
t
a
c
h
m
e
n
t
:
M
B
I
C
o
n
t
r
a
c
t
A
g
r
e
e
m
e
n
t
_
H
o
u
s
i
n
g
E
l
e
m
e
n
t
H
C
D
R
e
s
p
o
n
s
e
s
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
01247.0001/873696.1 4/13/2023 B
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
None.
C.8.a
Packet Pg. 114
At
t
a
c
h
m
e
n
t
:
M
B
I
C
o
n
t
r
a
c
t
A
g
r
e
e
m
e
n
t
_
H
o
u
s
i
n
g
E
l
e
m
e
n
t
H
C
D
R
e
s
p
o
n
s
e
s
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
01247.0001/873696.1 4/13/2023 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the budged amounts included on
the cost estimate provided on Exhibit “C-1.”
II. A retention of ten percent (10%) shall be held from each payment as a contract
retention to be paid as part of the final payment upon satisfactory completion of
services.
III. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 1.8.
IV. 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.
V. The total compensation for the Services shall not exceed Forty Thousand, Two
Hundred and Fifty Dollars and No Cents ($40,250.00), as provided in Section 2.1 of
this Agreement.
VI. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.
C.8.a
Packet Pg. 115
At
t
a
c
h
m
e
n
t
:
M
B
I
C
o
n
t
r
a
c
t
A
g
r
e
e
m
e
n
t
_
H
o
u
s
i
n
g
E
l
e
m
e
n
t
H
C
D
R
e
s
p
o
n
s
e
s
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
01247.0001/873696.1 4/13/2023 C-1
Exhibit C-1
C.8.a
Packet Pg. 116
At
t
a
c
h
m
e
n
t
:
M
B
I
C
o
n
t
r
a
c
t
A
g
r
e
e
m
e
n
t
_
H
o
u
s
i
n
g
E
l
e
m
e
n
t
H
C
D
R
e
s
p
o
n
s
e
s
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
01247.0001/873696.1 4/13/2023 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall commence work under this Agreement within 5 working days of this
Agreement’s execution by the parties.
II. The Consultant shall prepare a Project Schedule within the first two weeks of the
execution of the agreement. The schedule shall outline completion dates for Task 1.1
though Task 1.4.
III. Consultant shall perform all Services timely in accordance with the Project Schedule
developed by Consultant and subject to the written approval of the Contract Officer.
C.8.a
Packet Pg. 117
At
t
a
c
h
m
e
n
t
:
M
B
I
C
o
n
t
r
a
c
t
A
g
r
e
e
m
e
n
t
_
H
o
u
s
i
n
g
E
l
e
m
e
n
t
H
C
D
R
e
s
p
o
n
s
e
s
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
3536 Concours Street, Suite 100, Ontario, California 91764 Office: 909.974.4900
April 10, 2023
Konrad Bolowich
City Manager
City of Grand Terrace
22795 Barton Road
Grand Terrace, California
SUBJECT: Housing Element Update: Response to HCD Comments
Mr. Bolowich,
Michael Baker International (Michael Baker) had been assisting the City of Grand Terrace with its Housing Element Update
(HEU) under contract with the San Bernardino County Transportation Authority (SBCTA) Regional Early Action Planning
grant (REAP 1.0). The REAP 1.0 funds were used county-wide to assist 24 agencies with planning services related to the
production of housing, and those grant funds have been fully expended. Michael Baker understands the City wishes to
allocate $20,000 in Local Early Action Planning grant (LEAP) funding toward its Housing Element to respond to comments
by the state’s Housing and Community Development Department including the finalization of the City’s sites inventory
and preparation of an analysis compliant with AB 686, Affirmatively Furthering Fair Housing.
On behalf of Michael Baker, we appreciate the opportunity to submit this proposal. Please do not hesitate to contact me
at (909)974-4961 or via email at emily.elliott@mbakerintl.com if you have any questions or require further information.
Respectfully submitted,
Peter Minegar, AICP
Vice President
Office Executive
Emily Elliott, AICP
Associate Vice President
Department Manager - Planning
C.8.b
Packet Pg. 118
At
t
a
c
h
m
e
n
t
:
M
B
I
_
G
r
a
n
d
T
e
r
r
a
c
e
H
o
u
s
i
n
g
E
l
e
m
e
n
t
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
k
City of Grand Terrace, 6th Cycle Housing Element Update
SCOPE OF WORK
Our cost proposal is based on the tasks as described and the specific assumptions and limitations noted; however, we are
happy to work with the City to refine and customize the scope of work according to your needs. Additional services and
support for the tasks included in our scope can be provided upon request, at an additional cost.
This scope of work is based on a time and materials budget not to exceed $40,250 which equates to roughly 275 staff hours.
It is understood by Michael Baker that the City is contributing $20,000 in Local Early Action Planning (LEAP) grant funds for
the activities conducted under Task 1 and the balance of the work program will be covered by the City of Grand Terrace.
Task 1.0 – Revision & Submission of the Draft Housing Element Update
Task 1.1 – Response to HCD Comments
Using the City’s current draft Housing Element, our team, in partnership with City staff, will address the comments provided
by the Housing and Community Development Department to the City.
Michael Baker will assist the City in assessing the City’s land use and zoning maps and available sites capacity. Michael Baker
assumes that the City will provide additional information regarding each parcel identified and a narrative detailing the
methodology utilized for the Adequate Sites Analysis. Michael Baker will collaborate with the City to review those sites
identified and the methodology for consistency with State law. Michael Baker also assumes that the City will provide site-
level detail to complete all the fields required of HCD’s form for the adequate sites inventory. Michael Baker will guide the
City on the level of specificity required to meet State law. Michael Baker will work with City staff to identify potential zoning
strategies to address the need for additional housing unit capacity, if needed.
The City will be an active participant and will take the lead in the development of programs and goals to satisfy State
requirements. Michael Baker staff will aid the City in validating the identified programs and goals.
We will provide the City with a response to comments matrix which documents each comment by HCD and a summary of
the response and its location within the Housing Element.
This task assumes 10 hours of Project Manager and 50 hours of Associate Planner time.
Task 1.2 – AFFH Analysis
Michael Baker will prepare an AFFH appendix that identifies strengths and weaknesses in fair housing practices and identifies
the relationship between the fair housing findings and the Housing Element Sites Inventory. We will use data provided by
SBCTA via the local jurisdiction data packet and the regional AFFH analysis and other sources (i.e. local knowledge, service
provider records, San Bernardino County 2020 Analysis of Impediments / Consolidated Plan, etc.) to analyze the fair housing
issues and their contributing factors in the City of Grand Terrace. Key elements will include:
• Introduction – overview of AB 686 and a brief history of Grand Terrace summarizing existing demographic
composition including race/ethnicity, age, housing tenure, familial status, etc. and compare it to the region.
• Outreach – a summary of engagement conducted with and outcome of that engagement with fair housing service
providers.
• Assessment of Fair Housing – this section is the bulk of the AFFH analysis and covers:
o Fair Housing Enforcement and Outreach Capacity
C.8.b
Packet Pg. 119
At
t
a
c
h
m
e
n
t
:
M
B
I
_
G
r
a
n
d
T
e
r
r
a
c
e
H
o
u
s
i
n
g
E
l
e
m
e
n
t
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
City of Grand Terrace, 6th Cycle Housing Element Update
o Integration and Segregation Patterns and Trends Related to People with Protected Characteristics and
Lower Incomes
o Racially and Ethnically Concentrated Areas of Poverty
o Disproportionate Housing Needs, Including Displacement
o Summary of Fair Housing Issues, Including Local Knowledge
• Site Inventory – Improved/Exacerbated Conditions
o Segregation and Integration
o Racially and Ethnically Concentrated Areas of Poverty and Affluence
o Disparities in Access to Opportunity
o Disproportionate Housing Needs, Including Displacement
o Isolation of the RHNA
• Identification and Prioritization of Contributing Factors – this section identifies Fair Housing Issues and
Contributing Factors, prioritizes the contributing factors and address their influence on the Goals and Actions
• Goals and Actions – this section identifies specific goals and actions that address the contributing factors and
provides a timeline for each contributing factor.
Michael Baker will prepare and administrative draft of the AFFH appendix for City review and comment. Michael Baker will
then prepare a clean public review draft incorporating City comments for submission to HCD (Task 1.4).
This task assumes 10 hours of Project Manager and 100 hours of Associate Planner time.
Task 1.3 – Administrative Draft/ Public Review Draft Housing Element
We will provide an administrative and public review draft of the Housing Element. Michael Baker assumes the City will
handle public review distribution. The City will review public comments and provide them in a consolidated format for
Michael Baker to review and incorporate any necessary revisions. Michael Baker assumes comments will be relatively minor
in nature.
Our team will submit the draft Housing Element to HCD for review and will lead facilitation and ongoing consultations with
HCD to achieve compliance with applicable state guidelines.
This task assumes 12 hours of Project Manager, 40 hours of Associate Planner, and 16 hours of Technical Writer time.
Task 1.4 – Final Housing Element – Adoption
Our team will prepare the final Housing Element Update document with any final revisions resulting from HCD review, as
budget permits. We will provide required findings to City staff for adoption of the Housing Element by the City Council.
This task assumes 8 hours of Project Manager, 20 hours of Associate Planner, and 8 hours of Technical Writer time.
Task 1 Deliverables:
C.8.b
Packet Pg. 120
At
t
a
c
h
m
e
n
t
:
M
B
I
_
G
r
a
n
d
T
e
r
r
a
c
e
H
o
u
s
i
n
g
E
l
e
m
e
n
t
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
City of Grand Terrace, 6th Cycle Housing Element Update
• Administrative Draft Housing Element Update, inclusive of AFFH (Microsoft Word, PDF)
• Public Review Draft Housing Element (Microsoft Word, PDF)
• Draft Housing Element Update for HCD Review (Microsoft Word, PDF, hard copy for HCD)
• Final Housing Element Update and Findings (PDF, hard copy for HCD)
Assumptions:
Michael Baker assumes the following information will be provided by the City. We acknowledge that much of this material
has been previously provided.
• Recent outreach results
• Relevant City Council and Planning Commission priorities
• Completed Housing Element Annual Progress Reports
• Housing application and permit records 2013–Present (Ongoing)
• Pipeline housing projects not expecting to issue permit until after June 30, 2021
• Recent housing projects – examples of recycling existing uses and densities achieved
• Housing-related zoning amendments
• Updated parcel-level data with complete zoning information
• Local data on average fees for single family and multifamily development
• Information on average permit timelines for single family and multifamily development
• Information on local amendments to the building code
• Detailed list of affordable housing that is at-risk of conversion from affordable to market-rate
• Detailed list of all available resources for those with special needs including housing for seniors, those experiencing
homelessness, farmworkers, and those with disabilities
C.8.b
Packet Pg. 121
At
t
a
c
h
m
e
n
t
:
M
B
I
_
G
r
a
n
d
T
e
r
r
a
c
e
H
o
u
s
i
n
g
E
l
e
m
e
n
t
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
COST PROPOSAL
All services will be provided on an as-needed time and materials basis.
Task Project
Manager
Associate
Planner
Technical
Writer Fee
$235 $135 $100
Task 1: HCD Comments / Housing Element Revisions
Task 1.1 Response to HCD Comments 10 50 0 $ 9,100
Task 1.2 AFFH Analysis 10 100 0 $ 15,850
Task 1.3 Administrative & Public Review Draft Housing Element 12 40 16 $ 9,820
Task 1.4 Final Housing Element 8 20 8 $ 5,380
Subtotal $ 40,150
Other Direct Costs (Mileage, Reproduction)$100
Total $ 40,250
C.8.b
Packet Pg. 122
At
t
a
c
h
m
e
n
t
:
M
B
I
_
G
r
a
n
d
T
e
r
r
a
c
e
H
o
u
s
i
n
g
E
l
e
m
e
n
t
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
STATE OF CALIFORNIA -BUSINESS CONSUMER SERVICES AND HOUSING AGENCY
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. Fl Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 I FAX (916) 263-7453
www.hcd.ca.gov
February 10, 2022
Konrad Bolowich, City Manager
City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313
Dear Konrad Bolowich:
RE: City of Grand Terrace's Sth Cycle (2021-2029) Draft Housing Element
Thank you for submitting the City of Grand Terrace's (City) draft housing element
received for review on December 15, 2021. Pursuant to Government Code section
65585, subdivision (b), the California Department of Housing and Community
Development (HCD) is reporting the results of its review.
The draft element addresses many statutory requirements; however, revisions will be
necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).
The enclosed Appendix describes the revisions needed to comply with State Housing
Element Law.
As a reminder, the City's 6th cycle housing element was due October 15, 2021. As of
today, the City has not completed the housing element process for the 6th cycle. The
City's 5th cycle housing element no longer satisfies statutory requirements. HCD
encourages the City to revise the element as described above, adopt, and submit to
HCD to regain housing element compliance.
For you·r information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021 ), if
a local government fails to adopt a compliant housing element within 120 days of the
statutory deadline (October 15, 2021 ), then any rezoning to accommodate the regional
housing needs allocation (RHNA), including for lower-income households, shall be
completed no later than one year from the statutory deadline. Otherwise, the local
government's housing element will no longer comply with State Housing Element Law,
and HCD may revoke its finding of substantial compliance pursuant to Government
Code section 65585, subdivision (i).
Public participation in the development, adoption and implementation of the housing
element is essential to effective housing planning. Throughout the housing element
process, the City should continue to engage the community, including organizations that
C.8.c
Packet Pg. 123
At
t
a
c
h
m
e
n
t
:
H
C
D
D
r
a
f
t
C
o
m
m
e
n
t
L
e
t
t
e
r
_
2
.
1
0
.
2
0
2
2
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
Konrad Bolowich, City Manager
Page2
represent lower-income and special needs households, by making information regularly
available and considering and incorporating comments where appropriate.
Several federal, state, and regional funding programs consider housing element
compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill
(SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD's
Affordable Housing and Sustainable Communities programs; and HCD's Permanent
Local Housing Allocation consider housing element compliance and/or annual reporting
requirements pursuant to Government Code section 65400. With a compliant housing
element, the City will meet housing element requirements for these and other funding
sources.
For your information, some general plan element updates are triggered by housing
element adoption. HCD reminds the City to consider timing provisions and welcomes
the opportunity to provide assistance. For information, please see the Technical
Advisories issued by the Governor's Office of Planning and Research at:
http://opr.ca.gov/docs/OPR Appendix C final.pdf and
http://opr.ca.gov/docs/Final 6.26.15.pdf.
HCD appreciates the City's dedication and cooperation in the housing element update.
We are committed to assisting the City in addressing all statutory requirements of State
Housing Element Law. If you have any questions, please contact Gerlinde Bernd, of our
staff, at Gerlinde.Bernd@hcd.ca.gov.
Sincerely,
Paul McDougall
Senior Program Manager
Enclosure
C.8.c
Packet Pg. 124
At
t
a
c
h
m
e
n
t
:
H
C
D
D
r
a
f
t
C
o
m
m
e
n
t
L
e
t
t
e
r
_
2
.
1
0
.
2
0
2
2
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
APPENDIX
CITY OF GRAND TERRACE
The following changes are necessary to bring the City's housing element into compliance with
Article 10.6 of the Government Code. Accompanying each recommended change, we cite the
supporting section of the Government Code.
Housing element technical assistance information is available on HCD's website at
http://www.hcd.ca.gov/community-development/housing-element/housing-element-
memos.shtml. Among other resources, the housing element section contains HCD's latest
technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks),
available at http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and
includes the Government Code addressing State Housing Element Law and other resources.
A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress
in implementation, and reflect the results of this review in the revised element. (Gov. Code,
§ 65588 (a) and (b).)
As part of the review of programs in the past cycle (Appendix 8-A), the element lists
programs and provides brief information on progress in implementation, but it largely does
not evaluate the effectiveness of programs toward program goals. This is particularly
important since many programs do not appear to be revised and reflect the review of the
prior programs. Examples from Appendix 8-A include Programs 5 (Facilitate Development
on Housing Authority Site), 6 (Section 8 Rental Assistance), 7 (Homebuyer Fund), 8
(Multifamily Residential Rental Bond), 9 (Downpayment Assistance), 11 (Assist in
Development of Affordable Housing), 14 (Weatherization and Energy Efficiency), 16 (Home
Improvements) and 17 (Home Safety Repair Grants). The element should evaluate the
effectiveness of these programs toward housing goals and make appropriate revisions to
programs in the current housing element.
In addition, the element must provide an evaluation of the cumulative effectiveness of
goals, policies, and related actions in meeting the housing needs of special needs
populations (e.g., elderly, persons with disabilities, large households, female headed
households, farmworkers and persons experiencing homelessness).
B. Housing Needs! Resources, and Constraints
1 . Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with
Section 8899.50) of Division 1 of Title 2 ... shall include an assessment of fair housing in
the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).)
The element generally does not address this requirement. The element, among other
things, must include outreach related to affirmatively furthering fair housing (AFFH), an
assessment of fair housing, analysis of the sites inventory and AFFH, identification and
City of Grand Terrace's 5th Cycle Draft Housing Element
February 10, 2022
Page 1
C.8.c
Packet Pg. 125
At
t
a
c
h
m
e
n
t
:
H
C
D
D
r
a
f
t
C
o
m
m
e
n
t
L
e
t
t
e
r
_
2
.
1
0
.
2
0
2
2
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
prioritization of contributing factors to fair housing issues and goals and actions sufficient
to overcome patterns of segregation and foster inclusive communities free from barriers
that restrict access to opportunity. For further guidance, please visit HCD's AFFH in
California webpage at https://www.hcd.ca.gov/community-development/affh/index.shtml.
2. Include an analysis of population and employment trends and documentation of
projections and a quantification of the locality's existing and projected needs for all
income levels, including extremely low-income households. (Gov. Code, § 65583,
subd. (a)(1).)
Extremely Low-income (ELI ) Households: The element identifies the projected need for
ELI households, but it should quantify and analyze the housing needs of ELI households
to understand the housing needs and formulate an appropriate programmatic response.
This is particularly important given the unique and disproportionate needs of ELI
households. For example, the element should analyze tenure, cost burden and other
household characteristics then examine trends and the availability of resources,
including effectiveness of past actions, to determine the magnitude of gaps in housing
needs. In turn, this analysis should guide the formulation of responsive policies and
programs.
3. Include an analysis and documentation of household characteristics, including level of
payment compared to ability to pay, housing characteristics, including overcrowding,
and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).)
While the element provides general data, additional information is needed regarding the
overpayment, particularly data regarding lower-income household by tenure (i.e., owner
and renter). Additionally, the element should include discussion of rents based on current
market conditions.
4. An inventory of land suitable and available for residential development, including vacant
sites and sites having realistic and demonstrated potential for redevelopment during the
planning period to meet the locality's housing need for a designated income level, and
an analysis of the relationship of zoning and public facilities and services to these sites.
(Gov. Code, § 65583, subd. (a)(3).)
Parcel Listing: In addition to the other factors listed for identified sites (e.g., parcel
number, size), the inventory should list general plan designation and sufficiently
describe existing uses of nonvacant sites to facilitate an analysis of the potential for
redevelopment in the planning period.
Realistic Capacity: The element generally does not address this requirement. The
element must include a methodology for how realistic capacity was determined and
provide support for these assumptions. For example, the element should demonstrate
specific trends, factors, and other evidence that led to assumptions for residential
capacity calculations. The estimate of the number of units for each site must be
adjusted as necessary, based on the land use controls and site improvements, typical
densities of existing or approved residential developments at a similar affordability level
in that jurisdiction, and on the current or planned availability and accessibility of
City of Grand Terrace's 5th Cycle Draft Housing Element
February 10, 2022
Page2
C.8.c
Packet Pg. 126
At
t
a
c
h
m
e
n
t
:
H
C
D
D
r
a
f
t
C
o
m
m
e
n
t
L
e
t
t
e
r
_
2
.
1
0
.
2
0
2
2
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
sufficient water, sewer, and dry utilities. If necessary, the element also should analyze
the likelihood that the identified units will be developed as noted in the inventory in
.zones that allow 100 percent nonresidential uses (e.g., housing overlay). This analysis
should consider the likelihood of 100 percent nonr~sidential development, performance
standards, and development trends supporting residential development
Suitability of Nonvacant Sites: While the element identifies nonvacant sites to
accommodate the regional housing need for lower-income households, it generally does
not provide an analysis of the potential for additional development on identified
nonvacant sites. The analysis must consider factors including the extent to which
existing uses may constitute an impediment to additional residential development, the
City's past experience with converting existing uses to higher density residential
development, the current market demand for the existing use, an analysis of any
existing leases or other contracts that would perpetuate the existing use or prevent
redevelopment of the site for additional residential development, development trends,
market conditions, and regulatory or other incentives or standards to encourage
additional residential development on these sites.
In addition, if the housing element relies upon nonvacant sites to accommodate more
than 50 percent of the regional housing needs allocation (RHNA) for lower-income
households, it must demonstrate existing uses are not an impediment to additional
residential development and will likely discontinue in the planning period. (Gov. Code,
§ 65583.2, subd. (g)(2).) Absent findings (e.g., adoption resolution) based on substantial
evidence, the existing uses will be presumed to impede additional residential
development and will not be utilized toward demonstrating adequate sites to
accommodate the RHNA.
Finally, if the element utilizes sites with existing residential uses, absent a replacement
housing policy, these sites are not adequate sites to accommodate lower-income
households. The replacement housing policy has the same requirements as set forth in
Government Code section 65915, subdivision (c) (3).
Large Sites: Sites larger than ten acres in size are deemed inadequate to accommodate
housing for lower-income households unless it is demonstrated sites are suitable to
accommodate housing for lower-income households. The analysis should demonstrate
that sites of equivalent size and affordability were successfully developed during the prior
planning period or provide other evidence such as analysis and programs to
demonstrate the suitability of these sites. Based on a complete analysis, the City should
consider adding or revising programs to include incentives for facilitating development on
large sites.
Environmental Conditions: The element generally describes environmental conditions
and impacts on some identified sites. However, the element should clarify how these
conditions relate to candidate sites for rezoning (Table 8-B.3) and should discuss any
other conditions that impact or preclude the development of identified sites (e.g.,
hazardous materials, easement, other property conditions, parcel shapes).
City of Grand Terrace's 6th Cycle Draft Housing Element
February 10, 2022
Page 3
C.8.c
Packet Pg. 127
At
t
a
c
h
m
e
n
t
:
H
C
D
D
r
a
f
t
C
o
m
m
e
n
t
L
e
t
t
e
r
_
2
.
1
0
.
2
0
2
2
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
Sites Identified in Prior Planning Periods: Sites identified in prior planning periods shall
not be deemed adequate to accommodate the housing needs for lower-income
households unless a program rezones sites to permit housing development by right
pursuant to statutory requirements. The element must clarify if sites used to
accommodate the housing need for lower-income households were previously identified
in prior planning periods and include programs as appropriate.
Infrastructure: While the element generally describes water and sewer infrastructure, it
must clarify sufficient existing or planned capacity to accommodate the RHNA or include
programs if necessary.
In addition, water and sewer service providers must establish specific procedures to
grant priority water and sewer service to developments with units affordable to lower-
income households. (Gov. Code,§ 65589.7.) Local governments are required to
immediately deliver the housing element to water and sewer service providers. The
element should discuss compliance with these requirements and if necessary, add or
modify programs to establish a written procedure by a date early in the planning period.
Accessory Dwelling Units (ADU): ADUs may be counted toward the RHNA based on
past trends and other factors. The City projects 5 ADUs per year over the planning
period. This projection was based on recent approvals in 2021. However, an analysis
should be based on permitted units but may utilize approvals as an indicator of ADU
potential. Also, past performance does not appear to support 5 ADUs per year and the
element does not include programs to provide incentives for ADU development. For
example, HCD records show only 1 ADU was permitted in 2019. The element should be
revised to rescale ADU assumption based on past permitted trends or include additional
analysis and programs to support ADU assumptions.
Electronic Sites Inventory: For your information, pursuant to Government Code section
65583.3, the City must submit an electronic sites inventory with its adopted housing
element. The City must utilize standards, forms, and definitions adopted by HCD. Please
see HCD's housing element webpage at https://www.hcd.ca.gov/community-
development/housinq-element/index.shtml#element for a copy of the form and
instructions. The City can reach out to HCD at sitesinventory@hcd.ca.gov for technical
assistance.
Zoning for a Variety of Housing Types:
• Emergency Shelters: The element indicates emergency shelters are permitted by
right in the M2 zone; however; it must clarify emergency shelters are permitted
without discretionary action and analyze capacity. An analysis of capacity should
address total acreage, typical parcel sizes, and any reuse or other opportunities
that could accommodateat least one emergency shelter and sufficient to
accommodate the need for emergency shelters. In addition, the element should
address proximity to transportation and services and presence of any conditions
unfit for human habitation.
• Employee Housing: The element must demonstrate zoning is explicitly compliant
with the Employee Housing Act (Health and Safety Code, § 17000 et seq.) and
City of Grand Terrace's 5th Cycle Draft Housing Elememt
February 10, 2022
Page4
C.8.c
Packet Pg. 128
At
t
a
c
h
m
e
n
t
:
H
C
D
D
r
a
f
t
C
o
m
m
e
n
t
L
e
t
t
e
r
_
2
.
1
0
.
2
0
2
2
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
include programs if necessary. For example, Section 17021.5 requires employee
housing for six or fewer employees to be treated as a single-family structure and
permitted in the same manner as other dwellings of the same type in the same
zone. Section 17021.6 requires employee housing consisting of no more than 12
units or 36 beds to be permitted in the same manner as other agricultural uses in
the same zone.
5. An analysis of potential and actual governmental constraints upon the maintenance,
improvement, or development of housing for all income levels, including the types of
housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as
identified in the analysis pursuant to paragraph (7), including land use controls, building
codes and their enforcement, site improvements, fees and other exactions required of
developers, and local processing and permit procedures ... (Gov. Code, § 65583,
subd. (a)(5).)
Land-Use Controls: The element must identify and analyze all relevant land use controls
impacts as potential constraints on a variety of housing types. The analysis should
analyze land use controls independently and cumulatively with other land use controls.
The analysis should specifically address requirements related to parking, heights, and
living area. The analysis should address any impacts on cost, supply (number of units),
housing choice, affordability, timing, approval certainty and ability to achieve maximum
densities and include programs to address identified constraints.
Housing for Persons with Disabilities: The element generally describes that community
care facilities for seven or more persons are excluded from several residential zones
and subject to a conditional use permit (CUP); however, it should analyze the CUP and
lack of residential zones as constraints on housing for persons with disabilities. Based
on the outcomes of this analysis, the element must add or modify programs to address
constraints and permit group homes for seven or more persons with objectivity and
approval certainty.
SB 35 Streamlined Ministerial Approval Process: The element must clarify whether
there are written procedures for the SB 35 (Chapter 366, Statutes of 2017) Streamlined
Ministerial Approval Process and add a program to address these requirements.
Zoning, Development Standards: The element must clarify its compliance with new
transparency requirements for posting all zoning, development standards for each
parcel on the jurisdiction's website.
Other Local Ordinances: The element must analyze any locally adopted ordinances that
directly impacts the cost and supply or residential development (e.g., inclusionary
requirements, short term rentals, growth controls).
6. An analysis of potential and actual nongovernmental constraints upon the maintenance,
improvement, or development of housing for all income levels, including the availability
of financing, the price of land, the cost of construction, the requests to develop housing
at densities below those anticipated in the analysis required by subdivision (c) of
Government Code section 65583. 2, and the length of time between receiving approval
City of Grand Terrace's 6th Cycle Draft Housing Element
February 10, 2022
Pages
C.8.c
Packet Pg. 129
At
t
a
c
h
m
e
n
t
:
H
C
D
D
r
a
f
t
C
o
m
m
e
n
t
L
e
t
t
e
r
_
2
.
1
0
.
2
0
2
2
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
for a housing development and submittal of an application for building permits for that
housing development that hinder the construction of a locality's share of the regional
housing need in accordance with Government Code section 65584. (Gov. Code,
§ 65583, subd. (a)(6).)
Approval Time and Requests for Lesser Densities: The element did not address these
requirements. The element must address requests to develop housing at densities
below those anticipated in the sites inventory and the length of time between receiving
approval for housing development and submittal of application for building permits. The
analysis must address any hinderances on housing development and programs should
be added as appropriate.
7. Analyze any special housing needs such as elderly; persons with disabilities, including a
developmental disability; large families; farmworkers; families with female heads of
households; and families and persons in need of emergency shelter. (Gov. Code,
§ 65583, subd. (a)(7).)
While the element includes some minimal qualification of special housing needs, it
generally does not analyze those needs. An analysis should address (1) the
characteristics of housing needs such as household income, tenure, appropriate
housing types and zoning, (2) demographic trends, (3) comparisons in needs relative to
other households, (4) available resources and strategies and (4) the magnitude of the
gap in addressing housing needs. The analysis should also consult local officials,
special needs service providers, or social and health service providers or other relevant
organization. For additional information and a sample analysis, see the Building Blocks
at http://www.hcd.ca.govlcommunitv-development/building-blocks/housinq-needs/large-
families-female-head-household.shtml.
In addition, the element indicates a minimal need for farmworkers according to the
American Community Survey. However, farmworkers from the broader area and those
employed seasonally may have housing needs, including within the City's boundaries.
As a result, the element should at least acknowledge the housing needs of permanent
and seasonal farmworkers at a county-level (e.g., using USDA county-level farmworker
data) and include programs as appropriate.
C. Housing Programs
1. Include a program which sets forth a schedule of actions during the planning period,
each with a timeline for implementation, which may recognize that certain programs are
ongoing, such that there will be beneficial impacts of the programs within the planning
period, that the local government is undertaking or intends to undertake to implement
the policies and achieve the goals and objectives of the housing element through the
administration of land use and development controls, the provision of regulatory
concessions and incentives, and the utilization of appropriate federal and state financing
and subsidy programs when available. The program shall include an identification of the
agencies and officials responsible for the implementation of the various actions. (Gov.
Code,§ 65583, subd. (c).)
City of Grand Terrace's 5th Cycle Draft Housing Element
February 10, 2022
Page 6
C.8.c
Packet Pg. 130
At
t
a
c
h
m
e
n
t
:
H
C
D
D
r
a
f
t
C
o
m
m
e
n
t
L
e
t
t
e
r
_
2
.
1
0
.
2
0
2
2
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
To have a beneficial impact in the planning period and address the goals of the housing
element, programs must be revised with specific commitment and discrete timelines
(e.g., annually or by 2023). Programs to be revised with discrete timelines include
Programs 2 (Facilitate Development of Affordable and Special Needs Housing), 3
(Housing Authority Property), 6 (Multifamily Housing Bonds) and 11 (Home
Improvement). In addition, programs should be revised based on a complete evaluation
of past programs as noted in Finding A.
2. Identify actions that will be taken to make sites available during the planning period with
appropriate zoning and development standards and with services and facilities to
accommodate that portion of the city's or county's share of the regional housing need
for each income level that could not be accommodated on sites identified in the
inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and
to comply with the requirements of Government Code section 65584. 09. Sites shall be
identified as needed to facilitate and encourage the development of a variety of types of
housing for all income levels, including multifamily rental housing, factory-built housing,
mobilehomes, housing for agricultural employees, supportive housing, single-room
occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583,
subd. (c)(1 ).)
As noted in Finding B4, the element does not include a complete site analysis. Based
on the results of a complete sites inventory and analysis, the City may need to add or
revise programs to address a shortfall of sites or zoning available to encourage a variety
of housing types. In addition, the element should be revised as follows:
• Program 1 (Adequate Sites): This Program should be revised to identify the
minimum number of acres to be rezoned, allowable densities, permit residential
by right for developments where 20 percent of the units are affordable to lower
income households and should consider timing by October of 2022 as noted in
the cover letter.
• Program 3 (Housing Authority Property): Particularly since this program was not
implemented in the prior planning period, this Program should include a specific
schedule of action to facilitate development in the planning period such as
outreach with developers, requests for proposals, applications for funding and
when permit processing will be expedited.
3. The housing element shall contain programs which assist in the development of
adequate housing to meet the needs of extremely low-, very low-, low-and moderate-
income households. (Gov. Code, § 65583, subd. (c)(2).)
The element must include a program(s) with specific actions and timelines to assist in
the development of housing for extremely low-income and all special needs households
including seniors, homeless, farmworkers, female-headed households and persons with
disabilities including developmental. While the element includes Program 2 (Facilitate
Development of Affordable and Special Needs Housing), the Program should (1)
explicitly address all special needs households, (2) address extremely low-income
households, (3) specifically commit to proactive outreach with developers on a discrete
City of Grand Terrace's 5th Cycle Draft Housing Element
February 10, 2022
Page 7
C.8.c
Packet Pg. 131
At
t
a
c
h
m
e
n
t
:
H
C
D
D
r
a
f
t
C
o
m
m
e
n
t
L
e
t
t
e
r
_
2
.
1
0
.
2
0
2
2
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
timeline (e.g., annually) and (4) make revisions based on a complete evaluate as noted
in Finding A.
4. Address and, where appropriate and legally possible, remove governmental and
nongovernmental constraints to the maintenance, improvement, and development of
housing, including housing for all income levels and housing for persons with
disabilities. The program shall remove constraints to, and provide reasonable
accommodations for housing designed for, intended for occupancy by, or with
supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).)
As noted in Findings BS and 86, the element requires a complete analysis of potential
governmental and nongovernmental constraints. Depending upon the results of that
analysis, the City may need to revise or add programs and address and remove or
mitigate any identified constraints.
5. Promote and affirmatively further fair housing opportunities and promote housing
throughout the community or communities for all persons regardless of race, religion,
sex, marital status, ancestry, national origin, color, familial status, or disability, and other
characteristics protected by the California Fair Employment and Housing Act (Part 2. 8
(commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other
state and federal fair housing and planning Jaw. (Gov. Code, § 65583, subd. (c)(5).)
As noted in Finding 81, the element must include a complete assessment of fair
housing. Based on the outcomes of that analysis, the element must add or modify
programs.
6. Develop a plan that incentivizes and promotes the creation of accessory dwelling units
that can be offered at affordable rent, as defined in Section 50053 of the Health and
Safety Code, for very low, low-, or moderate-income households. For purposes of this
paragraph, "accessory dwelling units" has the same meaning as "accessory dwelling
unit" as defined in paragraph (4) of subdivision (i) of Section 65852.2. (Gov. Code,
§ 65583, subd. (c)(l).)
The element contains Program 8 (Reduce Constraints to Housing) to adopt an ADU
ordinance. However, the element must also include a program that incentivizes or
promotes ADU development for very low-, low-, and moderate-income households. This
can take the form of flexible zoning requirements, development standards, or processing
and fee incentives that facilitate the creation of ADUs, such as reduced parking
requirements, fee waivers and more. Additionally, this program should commit to
monitoring ADU production and affordability, and to implementing additional actions if not
meeting target numbers for production and affordability levels anticipated in the housing
element. Additional actions, if necessary, should be taken in a timely manner (e.g., within
six months).
City of Grand Terrace's 6th Cycle Draft Housing Element
February 10, 2022
Page 8
C.8.c
Packet Pg. 132
At
t
a
c
h
m
e
n
t
:
H
C
D
D
r
a
f
t
C
o
m
m
e
n
t
L
e
t
t
e
r
_
2
.
1
0
.
2
0
2
2
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
D. Public Participation
Local governments shall make a diligent effort to achieve public participation of all
economic segments of the community in the development of the housing element, and the
element shall describe this effort. (Gov. Code, § 65583, subd. (c)(8).)
While the element includes a general summary of the public participation process, the
element should also demonstrate diligent efforts were made to involve all economic
segments of the community in the development of the housing element. The element could
describe the efforts to circulate the housing element among low-and moderate-income
households and organizations that represent them and to involve such groups and persons
in the element throughout the process. In addition, the element should also summarize the
public comments and describe how they were considered and incorporated into the
element. For additional information, see the Building Blocks at
http://www.hcd.ca.gov/community-developmenUbuilding-blocks/getting-started/public-
participation.shtml.
E. Consistency with General Plan
The Housing Element shall describe the means by which consistency will be achieved with
other general plan elements and community goals. (Gov. Code, § 65583, subd. (c)(7).)
The element generally states housing is linked to other elements of the general plan, but it
should discuss how internal consistency was achieved as part of the housing element
update. For additional information and a sample program, see the Building Blocks at
http://www.hcd.ca.gov/community-developmenUbuilding-blocks/other-
reg u irements/analysis-consistency-general-plan .shtml.
City of Grand Terrace's 5th Cycle Draft Housing Element
February 10, 2022
Page 9
C.8.c
Packet Pg. 133
At
t
a
c
h
m
e
n
t
:
H
C
D
D
r
a
f
t
C
o
m
m
e
n
t
L
e
t
t
e
r
_
2
.
1
0
.
2
0
2
2
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
1/11/2021
C.8.d
Packet Pg. 134
At
t
a
c
h
m
e
n
t
:
A
t
t
a
c
h
m
e
n
t
1
_
2
0
-
L
E
A
P
-
1
5
0
3
6
E
x
e
c
u
t
e
d
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
C.8.d
Packet Pg. 135
At
t
a
c
h
m
e
n
t
:
A
t
t
a
c
h
m
e
n
t
1
_
2
0
-
L
E
A
P
-
1
5
0
3
6
E
x
e
c
u
t
e
d
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
C.8.d
Packet Pg. 136
At
t
a
c
h
m
e
n
t
:
A
t
t
a
c
h
m
e
n
t
1
_
2
0
-
L
E
A
P
-
1
5
0
3
6
E
x
e
c
u
t
e
d
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
C.8.d
Packet Pg. 137
At
t
a
c
h
m
e
n
t
:
A
t
t
a
c
h
m
e
n
t
1
_
2
0
-
L
E
A
P
-
1
5
0
3
6
E
x
e
c
u
t
e
d
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
C.8.d
Packet Pg. 138
At
t
a
c
h
m
e
n
t
:
A
t
t
a
c
h
m
e
n
t
1
_
2
0
-
L
E
A
P
-
1
5
0
3
6
E
x
e
c
u
t
e
d
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
C.8.d
Packet Pg. 139
At
t
a
c
h
m
e
n
t
:
A
t
t
a
c
h
m
e
n
t
1
_
2
0
-
L
E
A
P
-
1
5
0
3
6
E
x
e
c
u
t
e
d
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
C.8.d
Packet Pg. 140
At
t
a
c
h
m
e
n
t
:
A
t
t
a
c
h
m
e
n
t
1
_
2
0
-
L
E
A
P
-
1
5
0
3
6
E
x
e
c
u
t
e
d
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
C.8.d
Packet Pg. 141
At
t
a
c
h
m
e
n
t
:
A
t
t
a
c
h
m
e
n
t
1
_
2
0
-
L
E
A
P
-
1
5
0
3
6
E
x
e
c
u
t
e
d
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
C.8.d
Packet Pg. 142
At
t
a
c
h
m
e
n
t
:
A
t
t
a
c
h
m
e
n
t
1
_
2
0
-
L
E
A
P
-
1
5
0
3
6
E
x
e
c
u
t
e
d
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
C.8.d
Packet Pg. 143
At
t
a
c
h
m
e
n
t
:
A
t
t
a
c
h
m
e
n
t
1
_
2
0
-
L
E
A
P
-
1
5
0
3
6
E
x
e
c
u
t
e
d
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
C.8.d
Packet Pg. 144
At
t
a
c
h
m
e
n
t
:
A
t
t
a
c
h
m
e
n
t
1
_
2
0
-
L
E
A
P
-
1
5
0
3
6
E
x
e
c
u
t
e
d
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
C.8.d
Packet Pg. 145
At
t
a
c
h
m
e
n
t
:
A
t
t
a
c
h
m
e
n
t
1
_
2
0
-
L
E
A
P
-
1
5
0
3
6
E
x
e
c
u
t
e
d
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
C.8.d
Packet Pg. 146
At
t
a
c
h
m
e
n
t
:
A
t
t
a
c
h
m
e
n
t
1
_
2
0
-
L
E
A
P
-
1
5
0
3
6
E
x
e
c
u
t
e
d
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
C.8.d
Packet Pg. 147
At
t
a
c
h
m
e
n
t
:
A
t
t
a
c
h
m
e
n
t
1
_
2
0
-
L
E
A
P
-
1
5
0
3
6
E
x
e
c
u
t
e
d
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
C.8.d
Packet Pg. 148
At
t
a
c
h
m
e
n
t
:
A
t
t
a
c
h
m
e
n
t
1
_
2
0
-
L
E
A
P
-
1
5
0
3
6
E
x
e
c
u
t
e
d
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
C.8.d
Packet Pg. 149
At
t
a
c
h
m
e
n
t
:
A
t
t
a
c
h
m
e
n
t
1
_
2
0
-
L
E
A
P
-
1
5
0
3
6
E
x
e
c
u
t
e
d
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
C.8.d
Packet Pg. 150
At
t
a
c
h
m
e
n
t
:
A
t
t
a
c
h
m
e
n
t
1
_
2
0
-
L
E
A
P
-
1
5
0
3
6
E
x
e
c
u
t
e
d
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
RESOLUTION NO. 2020-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE AUTHORIZING APPLICATION FOR,
AND RECEIPT OF, LOCAL GOVERNMENT PLANNING
SUPPORT GRANT PROGRAM FUNDS FROM THE
DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT
WHEREAS, pursuant to Health and Safety Code 50515 et seq., the Department
of Housing and Community Development (Department) is authorized to issue a Notice of
Funding Availability (NOFA) as part of the Local Government Planning Support Grants
Program (hereinafter referred to by the Department as the Local Early Action Planning
Grants program or LEAP); and
WHEREAS, the City Council of the City of Grand Terrace desires to submit a LEAP
grant application package ("Application"), on the forms provided by the Department, for
approval of grant funding for projects that assist in the preparation and adoption of
planning documents and process improvements that accelerate housing production and
facilitate compliance to implement the sixth cycle of the regional housing need
assessment; and
WHEREAS, the Department has issued a NOFA and Application on January 27,
2020 in the amount of$119,040,000 for assistance to all California Jurisdictions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
RESOLVES AS FOLLOWS:
SECTION 1. The City Manager is hereby authorized and directed to apply for and
submit to the Department the Application package on behalf of the City of Grand Terrace
Applicant").
SECTION 2. In connection with the LEAP grant, if the Application is approved by
the Department, the City Manager of the City of Grand Terrace is authorized to submit
the Application, enter into, execute, and deliver on behalf of the Applicant, a State of
California Agreement (Standard Agreement) for the amount of$65,000, and any and all
other documents required or deemed necessary or appropriate to evidence and secure
the LEAP grant, the Applicant's obligations related thereto, and all amendments thereto.
SECTION 3. The Applicant shall be subject to the terms and conditions as
specified in the NOFA, and the Standard Agreement provided by the Department after
approval. The Application and any and all accompanying documents are incorporated in
full as part of the Standard Agreement.Any and all activities funded, information provided,
and timelines represented in the Application will be enforceable through the fully executed
Standard Agreement. Pursuant to the NOFA and in conjunction with the terms of the
CC Reso No. 2020-18 Page 1 of 2 June 9, 2020
he environment) and 15060(c)(3) (the activity is not a project
as defined in Section 15378) of the CEQA Guidelines,California Code of Regulations, Title 14, Division 6, Chapter
3, because it has no potential for resulting in physical change to the environment, directly or
indirectly.SECTION 12. This resolution shall take effect immediately upon
adoption by the City Council, and the City Clerk shall certify the vote
adopting the resolution.CC Reso No. 2020-17 Page 2 of 3
June 9, 2020
C.8.e
Packet Pg. 151
At
t
a
c
h
m
e
n
t
:
A
t
t
a
c
h
m
e
n
t
3
_
R
e
s
o
l
u
t
i
o
n
2
0
2
0
-
1
8
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
Standard Agreement, the Applicant hereby agrees to use the funds for eligible uses and
allowable expenditures in the manner presented and specifically identified in the
approved Application.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand
Terrace at a regular meeting held on the 9th day of June 2020.
Dar Mc ayor
ATTEST: -
ACO.A.L,0
ebra L. Thomas
City Clerk
APPROVED AS TO FORM:
Adrian Guerra
City Attorney
CC Reso No. 2020-18 Page 2 of 2 June 9, 2020
ABSENT:
None.ABSTAIN:
None.Executed
this 10th day of June 2020, at Grand Terrace, California.Deb
aL.
Thomas City Clerk
C.8.e
Packet Pg. 152
At
t
a
c
h
m
e
n
t
:
A
t
t
a
c
h
m
e
n
t
3
_
R
e
s
o
l
u
t
i
o
n
2
0
2
0
-
1
8
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF GRAND TERRACE
I Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA,
DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2020-18
was duly passed, approved and adopted by the City Council, approved and signed by
the Mayor, and attested by the City Clerk, at the regular meeting of said City Council
held on the 9th day of June 2020, and that the same was passed and adopted by the
following vote:
AYES: Council Members Allen, Hussey, Robles; Mayor Pro Tem Wilson;
Mayor McNaboe
NOES: None.
ABSENT: None.
ABSTAIN: None.
Executed this 10th day of June 2020, at Grand Terrace, California.
Debra L. Thomas
City Clerk
C.8.e
Packet Pg. 153
At
t
a
c
h
m
e
n
t
:
A
t
t
a
c
h
m
e
n
t
3
_
R
e
s
o
l
u
t
i
o
n
2
0
2
0
-
1
8
(
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
f
o
r
t
h
e
2
0
2
1
-
2
0
2
9
H
o
u
s
i
n
g
E
l
e
m
e
n
t
)
AGENDA REPORT
MEETING DATE: May 23, 2023 Council Item
TITLE: Adoption of the FY2023-24 Proposed Budget
PRESENTED BY: Christine Clayton, Finance Director
RECOMMENDATION: 1. Adopt a RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING
THE ANNUAL BUDGET FOR FISCAL YEAR 2023-2024.
2030 VISION STATEMENT:
This staff report supports City Council Goal #1 “Ensure our Fiscal Viability” through the
continuous monitoring of revenue receipts and expenditure disbursements against
approved budget appropriations.
BACKGROUND:
In prior years, staff has submitted, for City Council’s review and approval, the proposed
budget for the upcoming year. Once approved, this document has served as the City’s
financial plan for the following year and acts as the basis for budgetary control.
For Fiscal Year (FY) 2022-23, City Council approved a one-year budget, with any
adjustments submitted for the FY2022-23 budget, during the current year.
An annual budget allows the city to:
1. Improve financial management,
2. Greater flexibility to respond to our confusing and uncertain environment,
3. Greater ability to shift resources because of service level demands; and
4. Quickly Reallocation and redeploy resources.
DISCUSSION:
The major revenues in the City of Grand Terrace increased during COVID-19, primarily
because of consumer demand at food and drug stores. In addition, demand for building
and construction supplies remained brisk. Retail sales, along with license fees and
collection of franchise fees, are projected to lead to a positive outcome for FY2022-23.
F.9
Packet Pg. 154
GENERAL FUND
FISCAL YEAR 2022-23
Table 1 reflects the FY2022-23 Year-End Revenue and Expenditure projections.
Table 1
City of Grand Terrace
FY 2022-23 General Fund Revenue and Expenditure Report
2022-23 2022-23
Adj. Budget
06-22-22
Projections
04-10-2023
Property Tax $4,481,295 $4,466,455
Proceeds from Sale of
Property $0 $1,200,000
Franchise Fees $635,000 $677,459
Licenses, Fees & Permits $665,400 $840,085
Sales Tax $1,125,400 $1,102,379
Intergovernmental
Revenue/Grants $60,500 $61,206
Charges for Services $178,000 $180,712
Fines & Forfeitures $66,300 $33,694
Miscellaneous $26,710 $14,580
Use of Money & Property $34,660 $50,175
Wastewater Receipts $318,349 $318,349
Transfers In $50,000 $50,000
Total Revenues $7,641,614 $8,995,094
Salaries $1,482,899 $1,397,977
Benefits $1,356,069 $1,309,962
Materials & Supplies $323,605 $348,914
Professional/Cont. Services $4,198,568 $4,384,297
Equipment $0 $0
Lease of Facility/Equipment $12,000 $7,432
Utilities $229,448 $235,212
Overhead Cost Allocation ($81,950) ($81,950)
Capital Projects $0 $0
Debt Service $0 $0
Transfers Out $110,700 $110,700
Total Expenditures $7,631,339 $7,712,544
Revenues $7,641,614 $8,995,094
F.9
Packet Pg. 155
City of Grand Terrace
FY 2022-23 General Fund Revenue and Expenditure Report
2022-23 2022-23
Adj. Budget
06-22-22
Projections
04-10-2023
Expenditures ($7,631,339) ($7,712,544)
Projected Surplus $10,275 $1,282,550
FISCAL YEAR 2023-24
The City continues to receive optimistic sales tax projections that build on the success
from prior and current year sales tax growth. Staff continues to meet with our property
and sales tax consultants (HdL) to monitor quarterly sales tax trends.
Revenues:
1. Sales Tax projections: HdL projected higher sales tax revenues for FY2023-24 in
the amount of $1,234,000,
2. Property Tax projections: Were provided by HdL with funds being received in the
amount of $2,994,700; and
3. Property Tax VLF swap projections were provided by HdL in the amount of
$1,645,763.
Expenditures:
1. For the Sheriff’s Department the proposed contract amount is $2,471,165 which is
a 4.71% increase from fiscal year 2022-23 which equates to $111,125.
2. General Fund Maintenance of Effort: The City receives Measure “I” funds (1/2 cent
sales tax collected throughout San Bernardino County for transportation
improvements - $300k) and Road Maintenance and Rehabilitation Program
(RMRP) funds ($300k) into the RMRA Fund for use on local street and road
systems. The term “Maintenance of Effort” (MOE) generally refers to
a requirement placed upon state and federally funded grant programs that requires
local cities and counties to maintain general fund spending for streets and roads
either through a certain percentage or formula, which may include the local
agency’s history of past spending on street rehabilitation and/or maintenance.
F.9
Packet Pg. 156
Table 2 summarizes the FY2023-24 Proposed Budget:
City of Grand Terrace
FY 2023-24 Proposed General Fund Revenue and Expenditure Report
2023-24
Proposed
05-09-2023
Revenues
Property Tax $4,640,463
Franchise Fees $650,000
Licenses, Fees & Permits $654,870
Sales Tax $1,234,000
Intergovernmental Revenue/Grants $58,500
Charges for Services $161,500
Fines & Forfeitures $37,800
Miscellaneous $26,710
Use of Money & Property $34,660
Wastewater Receipts $318,349
Transfers In $50,000
Total Revenues $7,866,852
Expenditures by Department
Salaries $1,473,431
Benefits $1,237,062
Materials & Supplies $418,545
Professional/Contractual Services $4,398,580
Lease of Facility/Equipment $11,500
Utilities $242,300
Overhead Cost Allocation ($81,950)
Transfers Out $110,500
Total Expenditures $7,809,968
Revenues $7,866,852
Expenditures ($7,809,968)
Fund Balance $56,884
F.9
Packet Pg. 157
There is no liquidation of assets that will impact the Fund Balance. The projected
revenues are greater than the projected expenditures. This is consistent with the City
Council’s policy to not fund ongoing expenses with one-time revenue.
Revenues,
$7,866,852
Expenditure
s,
$7,809,968
Proposed
Surplus,
$56,884
Revenue, Expenditure and Fund
Balance
FY 2023-24
Revenues Expenditures Proposed Surplus
CITY-WIDE PROPOSED FY2023-24 BUDGET
The total Proposed Budget for FY2023-24 is $12,325,029 in revenues and $12,138,877
in expenditures.
The City’s Proposed Budget, which is presented for City Council’s review and
consideration,
• Supports the City’s mission, vision, core values and goals by preserving and
protecting the community and its exceptional quality of life; and
PROPOSED BUDGET BY FUND FY 2023-24
The next two tables show the Citywide Proposed Revenues and Expenditure budgets
by fund:
F.9
Packet Pg. 158
Table 3 (Proposed Revenues)
City of Grand Terrace
FY 2023-24 Proposed Revenue Summary by Fund
2021-22 2021-22 2022-23 2022-23 2023-24
Fund Type
Adjusted
Budget
Actuals Adjusted
Budget
Year-End
Projections
Proposed Budget
GENERAL FUNDS
10 GENERAL FUND $8,654,269 $8,326,772 $7,641,614 8,995,094 $7,866,852
61
COMMUNITY BENEFITS
FUND $20,000 $20,101 $20,000 $20,000 $20,000
62 LIGHT UP GRAND TERRACE $10,000 $13,350 $10,000 $14,950 $20,000
63
GT ILLEGAL FIREWORKS
ENFORCEMENT $3,500 ($2,500) $2,000 $0 $2,000
64 PUBLIC SAFETY FUND $0 $43 $0 $106 $0
69 COMMUNITY DAY FUND $10,000 $4,365 $10,000 $0 $10,000
68
40TH YEAR BIRTHDAY
CELEBRATION FND $0 $0 $0 $0 $0
70
EQUIP REPLACEMENT
RESERVE FUND $0 $4 $0 $0 $0
DEVELOPMENT IMPACT
FEES (DIF)
11 STREET FUND $88,000 ($5,220) $88,000 $6,507 $88,000
12 STORM DRAIN FUND $800 $251 $800 $312 $800
13 PARK FUND $800 ($831) $800 $1,014 $800
19 FACILITIES FUND $20,000 ($418) $20,600 $783 $600
SPECIAL REVENUE FUNDS
14 SLESF (AB3229 COPS) $160,000 $161,420 $165,000 $165,306 $165,000
15
AIR QUALITY
IMPROVEMENT FUND $15,500 $14,447 $16,400 $16,259 $16,400
16 GAS TAX FUND $725,200 $439,293 $437,700 $377,000 $438,400
17 TRAFFIC SAFETY FUND $4,000 $7,347 $4,500 $4,028 $4,500
20 MEASURE "I" FUND $248,600 $333,893 $300,400 $300,867 $300,400
25 SPRING MOUNTAIN RANCH $53,000 $356,133 $52,000 $0 $52,000
26
LNDSCP & LGTG
ASSESSMENT DIST $57,325 $58,045 $57,325 $35,472 $60,732
56
ROAD MAINT & REHAB
ACCT $239,000 $254,550 $282,600 $285,000 $300,000
67
PUBLIC, EDUCATIONAL &
GOVT ACCESS $21,500 $22,824 $19,300 $10,100 $19,300
76
EIFD - ENHANCED INFRAST
FIN DIST $0 $0 $0 $0 $0
85
OPIOID SETTLEMENT
PAYMENTS $0 $0 $0 $7,558 $3,400
90
COVID-19 FEMA
REIMBURSEMENT FUND $0 $0 $0 $0 $0
91 SB COUNTY COVID-19 $0 $0 $0 $0 $0
F.9
Packet Pg. 159
City of Grand Terrace
FY 2023-24 Proposed Revenue Summary by Fund
2021-22 2021-22 2022-23 2022-23 2023-24
Fund Type
Adjusted
Budget
Actuals Adjusted
Budget
Year-End
Projections
Proposed Budget
93 COVID – INFRASTRUCTURE $0 $0 $0 $0 $0
94 ARPA $0 $2,917 $1,505,180 $1,508,097 $0
ENTERPRISE FUND
21
WASTEWATER DISPOSAL
FUND $4,000 ($8,560) $4,000 $10,165 $4,000
GRANT FUNDS
22
CDBG - COMM DEV BLOCK
GRANT $69,934 $16,272 $60,140 $50,140 $56,020
65
SENIOR BUS PROGRAM
FUND $156,765 $99,923 $152,665 $112,700 $106,238
66 CAL RECYCLE GRANT $0 $21,220 $0 $0 $21,219
73
ACTIVE TRANSPORTATION
PRGRM FUND $0 $0 $0 $0 $0
74
HIGHWAY SAFETY IMPROV
PROGRAM $44,000 $325,394 $44,000 $0 $692,534
75 EMERMGMT PREP GRANT $0 $6,876 $0 $6,876 $29,000
77
SO CAL INCENTIVE PROJ
(SCIP) GRANT $0 $0 $0 $0 $0
92 CDBG – COVID $141,000 $0 $0 $141,000 $0
SUCCESSOR AGENCY
31 S/A RDA REVENUE FUND $0 $0 $0 $0 $0
32
S/A CAPITAL PROJECTS
FUND $0 $24,998 $0 $0 $0
33 S/A DEBT SERVICE FUND $0 $771,890 $0 $0 $0
36
2011 TABS A & B BOND
PROCEEDS $0 ($1,352) $0 $1,352 $0
CAPITAL PROJECT FUNDS
45 CIP - COMMERCE WAY $0 $1,576 $0 $0 $0
46
CAPITAL IMPROVEMENTS -
STREETS $0 $39,000 $0 $0 $524,894
47
CAP.PRJ. BARTON/COLTON
BRIDGE $0 $0 $0 $0 $0
48 CAPITAL PROJECTS FUND $0 $0 $0 $0 $0
49
CAPITAL PROJECTS FUND-
PARKS $1,412,000 $406 $1,589,952 $141,166 $1,456,940
52 HOUSING AUTHORITY $65,000 $22,730 $65,000 $1,080 $65,000
95
DOG PARK ENDOWMENT
FUND $0 $0 $0 $0 $0
F.9
Packet Pg. 160
City of Grand Terrace
FY 2023-24 Proposed Revenue Summary by Fund
2021-22 2021-22 2022-23 2022-23 2023-24
Fund Type
Adjusted
Budget
Actuals Adjusted
Budget
Year-End
Projections
Proposed Budget
$12,224,193 $11,327,159 $12,549,976 $12,212,932 $12,325,029
Table 4 (Proposed Expenditures)
City of Grand Terrace
FY 2023-24 Proposed Expense Summary by Fund
2021-22 2021-22 2022-23 2022-23 2023-24
Fund Type
Adjusted
Budget
Actuals Adjusted
Budget
Year-End
Projections
Proposed
Budget
GENERAL FUNDS
10 GENERAL FUND $6,956,495 $6,777,142 $7,631,339 $7,712,544 $7,809,967
61
COMMUNITY BENEFITS
FUND $20,000 $3,685 $20,000 $8,035 $20,000
62 LIGHT UP GRAND TERRACE $10,000 $16,031 $10,000 $18,783 $20,000
63
GT ILLEGAL FIREWORKS
ENFORCEMENT $3,500 $0 $2,000 $2,000 $2,000
64 PUBLIC SAFETY FUND $0 $0 $0 $0 $0
69 COMMUNITY DAY FUND $10,000 $4,694 $20,000 $20,000 $15,000
68
40TH YEAR BIRTHDAY
CELEBRATION FND $0 $0 $0 $0 $0
70
EQUIP REPLACEMENT
RESERVE FUND $0 $0 $0 $30,000 $0
DEVELOPMENT IMPACT
FEES (DIF)
11 STREET FUND $0 $0 $0 $0 $0
12 STORM DRAIN FUND $0 $0 $0 $0 $0
13 PARK FUND $0 $0 $0 $0 $0
19 FACILITIES FUND $0 $766 $0 $4,000 $0
SPECIAL REVENUE FUNDS
14 SLESF (AB3229 COPS) $150,000 $161,918 $160,550 $164,550 $160,550
15
AIR QUALITY IMPROVEMENT
FUND $3,860 $3,860 $0 $11,000 $0
16 GAS TAX FUND $722,075 $412,499 $363,416 $344,951 $369,055
17 TRAFFIC SAFETY FUND $4,000 $9,788 $4,000 $4,000 $4,000
20 MEASURE "I" FUND $236,048 $162,647 $119,272 $79,272 $300,000
25 SPRING MOUNTAIN RANCH $50,000 $49,050 $50,000 $50,000 $50,000
26
LNDSCP & LGTG
ASSESSMENT DIST $66,009 $25,710 $56,238 $50,780 $59,290
56 ROAD MAINT & REHAB ACCT $0 $0 $0 $0 $300,000
F.9
Packet Pg. 161
City of Grand Terrace
FY 2023-24 Proposed Expense Summary by Fund
2021-22 2021-22 2022-23 2022-23 2023-24
Fund Type
Adjusted
Budget
Actuals Adjusted
Budget
Year-End
Projections
Proposed
Budget
67
PUBLIC, EDUCATIONAL &
GOVT ACCESS $21,500 $9,220 $19,300 $17,000 $19,300
76
EIFD - ENHANCED INFRAST
FIN DIST $0 $0 $0 $0 $0
85
OPIOID SETTLEMENT
PAYMENTS $0 $0 $0 $0 $0
90
COVID-19 FEMA
REIMBURSEMENT FUND $0 $0 $0 $0 $0
91 SB COUNTY COVID-19 $0 $0 $0 $0 $0
92 CDBG – COVID $141,000 $0 $0 $141,000 $0
93 COVID – INFRASTRUCTURE $0 $0 $0 $0 $0
94 ARPA $0 $0 $2,832,000 $3,003,431 $0
ENTERPRISE FUND
21
WASTEWATER DISPOSAL
FUND $0 $88,570 $0 $0 $0
GRANT FUNDS
22
CDBG - COMM DEV BLOCK
GRANT $69,934 $28,712 $60,140 $50,140 $56,020
65
SENIOR BUS PROGRAM
FUND $121,067 $80,650 $146,825 $146,825 $193,238
66 CAL RECYCLE GRANT $0 $0 $0 $0 $21,219
73
ACTIVE TRANSPORTATION
PRGRM FUND $0 $0 $0 $3 $0
74
HIGHWAY SAFETY IMPROV
PROGRAM $44,000 $4,928 $44,000 $0 $692,534
75 EMER MGMT PREP GRANT $22,368 $14,033 $0 $0 $29,000
77
SO CAL INCENTIVE PROJ
(SCIP) GRANT $0 $0 $0 $0 $0
SUCCESSOR AGENCY
31 S/A RDA REVENUE FUND $0 $311,371 $0 $0 $0
32
S/A CAPITAL PROJECTS
FUND $0 $0 $0 $0 $0
33 S/A DEBT SERVICE FUND $0 $245,021 $0 $0 $0
36
2011 TABS A & B BOND
PROCEEDS $0 $460,519 $0 $0 $0
CAPITAL PROJECT FUNDS
45 CIP - COMMERCE WAY $839,594 $0 $839,594 $0 $0
46
CAPITAL IMPROVEMENTS -
STREETS $0 $38,957 $0 $599,453 $524,894
F.9
Packet Pg. 162
City of Grand Terrace
FY 2023-24 Proposed Expense Summary by Fund
2021-22 2021-22 2022-23 2022-23 2023-24
Fund Type
Adjusted
Budget
Actuals Adjusted
Budget
Year-End
Projections
Proposed
Budget
47
CAP.PRJ. BARTON/COLTON
BRIDGE $0 $3,586 $0 $0 $0
48 CAPITAL PROJECTS FUND $0 $0 $0 $0 $0
49
CAPITAL PROJECTS FUND-
PARKS $1,676,097 $2,500 $1,804,605 $146,166 $1,456,940
52 HOUSING AUTHORITY $138,198 $52,766 $32,789 $5,101 $35,870
95
DOG PARK ENDOWMENT
FUND $0 $0 $0 $0 $0
$11,305,745 $8,968,623 $14,216,068 $12,609,034 $12,138,877
Budget Schedule
The proposed schedule leading to adoption of the FY2023-24 is as follows:
Table 5
Description Date
Budget Introduction Tuesday, May 9th
Budget Deliberations by Department and Fund Tuesday, May 23rd
Budget Adoption Tuesday, June 13th
FISCAL IMPACT:
Fiscal impacts of the FY2023-24 Proposed Budget are identified in the FY2023-24
Proposed Budget Summary (which is being made available in the City Clerk’s office).
ATTACHMENTS:
• 2023-xx Adopt FY2023-24 Budgt Resolution (DOCX)
• FY2023-24 Proposed Budget (PDF)
APPROVALS:
Christine Clayton Completed 05/11/2023 10:39 AM
Finance Completed 05/11/2023 10:40 AM
City Manager Completed 05/17/2023 12:45 PM
City Council Pending 05/23/2023 6:00 PM
F.9
Packet Pg. 163
CC Reso No. 2020-21 Page 1 of 2 June 23, 2020
RESOLUTION NO. 2023-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, ADOPTING THE ANNUAL BUDGET FOR
FISCAL YEAR 2023-2024
RECITALS
WHEREAS, a Proposed Budget for Fiscal Year 2023-2024 was introduced during
a regularly scheduled City Council meeting on May 9, 2023; and
WHEREAS, continued deliberations for the Annual Budget for Fiscal Year 2023-
2024 was continued during a regularly scheduled City Council meeting on May 23, 2023;
and
WHEREAS, the City Manager has heretofore submitted to the City Council a
Proposed Budget for the City for Fiscal Year 2023-2024, a copy of which, as may have
been amended by the City Council, is on file in the City Clerk’s Department and is
available for public inspection; and
WHEREAS, the said Proposed Budget contains estimates of the services,
activities and projects comprising the budget, and contains expenditure requirements and
the resources available to the City; and
WHEREAS, the said Proposed Budget contains the estimates of uses of fund
balance as required to stabilize the delivery of City services during periods of operational
deficits; and
WHEREAS, the City Council authorizes payment of expenses incurred by means
of a check register prepared by the Finance Department and approved at regular
meetings of City Council; and
WHEREAS, said expenses are recurring in nature, the amounts having been
previously approved by ordinance or resolution or otherwise entailing normal,
administrative expenses including tax deposits, utility costs, storage fees and related
costs of doing business; and
WHEREAS, the City Council has made such revisions to the Proposed Budget as
so desired; and
WHEREAS, the Proposed Budget conforms with the City’s 2030 Vision and 2014-
2020 Strategic Plan; and
WHEREAS, the Proposed Budget, as herein approved, will enable the City Council
to make adequate financial plans and will ensure that City officers can administer their
respective functions in accordance with such plans.
F.9.a
Packet Pg. 164
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
x
x
A
d
o
p
t
F
Y
2
0
2
3
-
2
4
B
u
d
g
t
R
e
s
o
l
u
t
i
o
n
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
CC Reso No. 2020-21 Page 2 of 2 June 23, 2020
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. The Proposed Budget, with summaries listed as Attachment A to this
Resolution and as on file in the City Clerk’s Department and as may have been amended
by the City Council, is hereby approved and adopted as the Annual Budget of the City of
Grand Terrace for Fiscal Year 2023-2024.
2. The amounts of proposed expenditures, which include the uses of fund
balance specified in the approved budget, are hereby appropriated for the various budget
programs and units for said fiscal years.
3. If any section, subsection, sentence, clause, phrase, or portion of this
Resolution is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Resolution. The City Council of the City of Grand Terrace hereby declares
that it would have adopted this Resolution and each section, subsection, sentence,
clause, phrase, or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
4. The City Clerk shall certify to the adoption of this Resolution.
5. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED by the City Council of Grand Terrace at
a regular meeting held on the 23rd day of May 2023.
________________________________
Bill Hussey
Mayor
ATTEST:
__________________________________
Debra L. Thomas
City Clerk
APPROVED AS TO FORM:
__________________________________
Adrian R. Guerra
City Attorney
F.9.a
Packet Pg. 165
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
x
x
A
d
o
p
t
F
Y
2
0
2
3
-
2
4
B
u
d
g
t
R
e
s
o
l
u
t
i
o
n
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
2021-22 2021-22 2022-23 2022-23 2023-24
Ty
pe Fund
Comb
1 Fund Type
Adjusted
Budget Actuals
Adjusted
Budget
Year-End
Projections
Proposed
Budget
R 10 R10 General Fund Rev $8,654,269 $8,326,772 $7,641,614 $8,995,094 $7,866,852
E 10 E10 General Fund Exp $6,956,495 $6,777,142 $7,631,339 $7,712,544 $7,809,967
$1,697,774 $1,549,630 $10,275 $1,282,551 $56,885
R 11 R11 Street Fund (DIF)Rev $88,000 ($5,220)$88,000 $6,507 $88,000
E 11 E11 Street Fund (DIF)Exp $0 $0 $0 $0 $0
$88,000 ($5,220)$88,000 $6,507 $88,000
R 12 R12 Storm Drain Fund (DIF)Rev $800 $251 $800 $312 $800
E 12 E12 Storm Drain Fund (DIF)Exp $0 $0 $0 $0 $0
$800 $251 $800 $312 $800
R 13 R13 Park Fund (DIF)Rev $800 ($831)$800 $1,014 $800
E 13 E13 Park Fund (DIF)Exp $0 $0 $0 $0 $0
$800 ($831)$800 $1,014 $800
R 14 R14 SLESF (AB3229 COPS)Rev $160,000 $161,420 $165,000 $165,306 $165,000
E 14 E14 SLESF (AB3229 COPS)Exp $150,000 $161,918 $160,550 $164,550 $160,550
$10,000 ($498)$4,450 $756 $4,450
R 15 R15 Air Quality Improvement Fund Rev $15,500 $14,447 $16,400 $16,259 $16,400
E 15 E15 Air Quality Improvement Fund Exp $3,860 $3,860 $0 $11,000 $0
$11,640 $10,587 $16,400 $5,259 $16,400
R 16 R16 Gas Tax Fund Rev $725,200 $439,293 $437,700 $377,000 $438,400
E 16 E16 Gas Tax Fund Exp $722,075 $412,499 $363,416 $344,951 $369,055
$3,125 $26,794 $74,285 $32,049 $69,345
R 17 R17 Traffic Safety Fund Rev $4,000 $7,347 $4,500 $4,028 $4,500
E 17 E17 Traffic Safety Fund Exp $4,000 $9,788 $4,000 $4,000 $4,000
$0 ($2,441)$500 $28 $500
R 19 R19 Facilities Fund (DIF)Rev $20,000 ($418)$20,600 $783 $600
E 19 E19 Facilities Fund (DIF)Exp $0 $766 $0 $4,000 $0
$20,000 ($1,184)$20,600 ($3,217)$600
R 20 R20 Measure "I" Fund Rev $248,600 $333,893 $300,400 $300,867 $300,400
E 20 E20 Measure "I" Fund Exp $236,048 $162,647 $119,272 $79,272 $300,000
$12,552 $171,246 $181,128 $221,595 $400
R 21 R21 Wastewater Disposal Fund Rev $4,000 ($8,560)$4,000 $10,165 $4,000
E 21 E21 Wastewater Disposal Fund Exp $0 $88,570 $0 $0 $0
$4,000 ($97,130)$4,000 $10,165 $4,000
R 22 R22 Community Dev Block Grant (CDBG)Rev $69,934 $16,272 $60,140 $50,140 $56,020
E 22 E22 Community Dev Block Grant (CDBG)Exp $69,934 $28,712 $60,140 $50,140 $56,020
$0 ($12,440)$0 $0 $0
R 25 R25 Spring Mtn Ranch Mitigation Fund Rev $53,000 $356,133 $52,000 $0 $52,000
E 25 E25 Spring Mtn Ranch Mitigation Fund Exp $50,000 $49,050 $50,000 $50,000 $50,000
$3,000 $307,083 $2,000 ($50,000)$2,000
R 26 R26 Landscape & Lighting Assmnt Rev $57,325 $58,045 $57,325 $35,472 $60,732
E 26 E26 Landscape & Lighting Assmnt Exp $66,009 $25,710 $56,238 $50,780 $59,290
($8,684)$32,335 $1,087 ($15,308)$1,442
R 31 R31 Sugg Agcy RDA Obligation Fund Rev $0 $0 $0 $0 $0
E 31 E31 Sugg Agcy RDA Obligation Fund Exp $0 $311,371 $0 $0 $0
$0 ($311,371)$0 $0 $0
R 32 R32 Succ Agcy Capital Projects Fund Rev $0 $24,998 $0 $0 $0
E 32 E32 Succ Agcy Capital Projects Fund Exp $0 $0 $0 $0 $0
$0 $24,998 $0 $0 $0
City of Grand Terrace
FY2023-24 Proposed Budget
F.9.b
Packet Pg. 166
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
2021-22 2021-22 2022-23 2022-23 2023-24
Ty
pe Fund
Comb
1 Fund Type
Adjusted
Budget Actuals
Adjusted
Budget
Year-End
Projections
Proposed
Budget
City of Grand Terrace
FY2023-24 Proposed Budget
R 33 R33 Succ Agcy Debt Service Fund Rev $0 $771,890 $0 $0 $0
E 33 E33 Succ Agcy Debt Service Fund Exp $0 $245,021 $0 $0 $0
$0 $526,869 $0 $0 $0
R 36 R36 2011 TABs A & B Bond Proceeds Rev $0 ($1,352)$0 $1,352 $0
E 36 E36 2011 TABs A & B Bond Proceeds Exp $0 $460,519 $0 $0 $0
$0 ($461,871)$0 $1,352 $0
R 45 R45 CIP - Commerce Way Rev $0 $1,576 $0 $0 $0
E 45 E45 CIP - Commerce Way Exp $839,594 $0 $839,594 $0 $0
($839,594)$1,576 ($839,594)$0 $0
R 46 R46 Capital Improvements: Streets Rev $0 $39,000 $0 $0 $524,894
E 46 E46 Capital Improvements: Streets Exp $0 $38,957 $0 $599,453 $524,894
$0 $43 $0 ($599,453)$0
R 47 R47 Capital Projects: Barton-Colton Bridge Rev $0 $0 $0 $0 $0
E 47 E47 Capital Projects: Barton-Colton Bridge Exp $0 $3,586 $0 $0 $0
$0 ($3,586)$0 $0 $0
R 48 R48 Capital Projects Fund Rev $0 $0 $0 $0 $0
E 48 E48 Capital Projects Fund Exp $0 $0 $0 $0 $0
$0 $0 $0 $0 $0
R 49 R49 Capital Projects Fund: Parks Rev $1,412,000 $406 $1,589,952 $141,166 $1,456,940
E 49 E49 Capital Projects Fund: Parks Exp $1,676,097 $2,500 $1,804,606 $146,166 $1,456,940
($264,097)($2,094)($214,654)($5,000)$0
R 52 R52 Housing Authority Rev $65,000 $22,730 $65,000 $1,080 $65,000
E 52 E52 Housing Authority Exp $138,198 $52,766 $32,789 $5,100 $35,870
($73,198)($30,036)$32,211 ($4,020)$29,130
R 56 R56 Road Maintenance & Rehab Rev $239,000 $254,550 $282,600 $285,000 $300,000
E 56 E56 Road Maintenance & Rehab Exp $0 $0 $0 $0 $300,000
$239,000 $254,550 $282,600 $285,000 $0
R 61 R61 Community Benefits Fund (Gen Fund)Rev $20,000 $20,101 $20,000 $20,000 $20,000
E 61 E61 Community Benefits Fund (Gen Fund)Exp $20,000 $3,685 $20,000 $8,035 $20,000
$0 $16,416 $0 $11,965 $0
R 62 R62 Light Up Grand Terrace Fund (Gen Fund)Rev $10,000 $13,350 $10,000 $14,950 $20,000
E 62 E62 Light Up Grand Terrace Fund (Gen Fund)Exp $10,000 $16,031 $10,000 $18,783 $20,000
$0 ($2,681)$0 ($3,833)$0
R 63 R63 Illegal Fireworks Enf (Gen Fund)Rev $3,500 ($2,500)$2,000 $0 $2,000
E 63 E63 Illegal Fireworks Enf (Gen Fund)Exp $3,500 $0 $2,000 $2,000 $2,000
$0 ($2,500)$0 ($2,000)$0
R 64 R64 Public Safety Fund (Gen Fund)Rev $0 $43 $0 $105 $0
E 64 E64 Public Safety Fund (Gen Fund)Exp $0 $0 $0 $0 $0
$0 $43 $0 $105 $0
R 65 R65 Senior Bus Program Fund Rev $156,765 $99,923 $152,665 $112,700 $106,238
E 65 E65 Senior Bus Program Fund Exp $121,067 $80,650 $146,825 $146,825 $193,238
$35,698 $19,273 $5,840 ($34,125)($87,000)
R 66 R66 Cal Recycle Grant Rev $0 $21,220 $0 $0 $21,219
E 66 E66 Cal Recycle Grant Exp $0 $0 $0 $0 $21,219
$0 $21,220 $0 $0 $0
R 67 R67 Public Education & Government Access (PEG)Rev $21,500 $22,824 $19,300 $10,100 $19,300
E 67 E67 Public Education & Government Access (PEG)Exp $21,500 $9,220 $19,300 $17,000 $19,300
F.9.b
Packet Pg. 167
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
2021-22 2021-22 2022-23 2022-23 2023-24
Ty
pe Fund
Comb
1 Fund Type
Adjusted
Budget Actuals
Adjusted
Budget
Year-End
Projections
Proposed
Budget
City of Grand Terrace
FY2023-24 Proposed Budget
$0 $13,604 $0 ($6,900)$0
R 68 R68 40th Year Birthday Celebration Fund (Gen Fund)Rev $0 $0 $0 $0 $0
E 68 E68 40th Year Birthday Celebration Fund (Gen Fund)Exp $0 $0 $0 $0 $0
$0 $0 $0 $0 $0
R 69 R69 Community Day Fund (Gen Fund)Rev $10,000 $4,365 $10,000 $0 $10,000
E 69 E69 Community Day Fund (Gen Fund)Exp $10,000 $4,694 $20,000 $20,000 $15,000
$0 ($329)($10,000)($20,000)($5,000)
R 70 R70 Equipment Replacement Reserve (Gen Fund)Rev $0 $2 $0 $0 $0
E 70 E70 Equipment Replacement Reserve (Gen Fund)Exp $0 $0 $0 $30,000 $0
$0 $2 $0 ($30,000)$0
R 73 R73 Active Transportation Program (ATP)Rev $0 $0 $0 $0 $0
E 73 E73 Active Transportation Program (ATP)Exp $0 $0 $0 $3 $0
$0 $0 $0 ($3)$0
R 74 R74 Highway Safety Improvement Program (HSIP)Rev $44,000 $325,394 $44,000 $0 $692,534
E 74 E74 Highway Safety Improvement Program (HSIP)Exp $44,000 $4,928 $44,000 $0 $692,534
$0 $320,466 $0 $0 $0
R 75 R75 EMER MGMT PREP GRANT (EMPG) FUNDRev $0 $6,876 $0 $6,876 $29,000
E 75 E75 EMER MGMT PREP GRANT (EMPG) FUNDExp $22,368 $14,033 $0 $0 $29,000
($22,368)($7,157)$0 $6,876 $0
R 76 R76 Enhanced Infrastructure Finance District (EIFD)Rev $0 $0 $0 $0 $0
E 76 E76 Enhanced Infrastructure Finance District (EIFD)Exp $0 $0 $0 $0 $0
$0 $0 $0 $0 $0
R 77 R77 So Cal Incentive Project (SCIP) Grant Rev $0 $0 $0 $0 $0
E 77 E77 So Cal Incentive Project (SCIP) Grant Exp $0 $0 $0 $0 $0
$0 $0 $0 $0 $0
R 85 R85 OPIOD SETTLEMENT PAYMENTS Rev $0 $0 $0 $7,558 $3,400
E 85 E85 OPIOD SETTLEMENT PAYMENTS Exp $0 $0 $0 $0 $0
$0 $0 $0 $7,558 $3,400
R 90 R90 COVID-19 FEMA Reimbursement Fund Rev $0 $0 $0 $0 $0
E 90 E90 COVID-19 FEMA Reimbursement Fund Exp $0 $0 $0 $0 $0
$0 $0 $0 $0 $0
R 91 R91 SB COUNTY CORONA VIRUS RELIEF Rev $0 $0 $0 $0 $0
E 91 E91 SB COUNTY CORONA VIRUS RELIEF Exp $0 $0 $0 $0 $0
$0 $0 $0 $0 $0
R 92 R92 CDBG Covid Rev $141,000 $0 $0 $141,000 $0
E 92 E92 CDBG Covid Exp $141,000 $0 $0 $141,000 $0
$0 $0 $0 $0 $0
R 93 R93 Covid - Infrastructure Rev $0 $0 $0 $0 $0
E 93 E93 Covid - Infrastructure Exp $0 $0 $0 $0 $0
$0 $0 $0 $0 $0
R 94 R94 ARPA Rev $0 $2,917 $1,505,180 $1,508,097 $0
E 94 E94 ARPA Exp $0 $0 $2,832,000 $3,003,431 $0
$0 $2,917 ($1,326,820)($1,495,335)$0
R 95 R95 Dog Park Endowment Fund Rev $0 $0 $0 $0 $0
E 95 E95 Dog Park Endowment Fund Exp $0 $0 $0 $0 $0
$0 $0 $0 $0 $0
F.9.b
Packet Pg. 168
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
2021-22 2021-22 2022-23 2022-23 2023-24
Ty
pe Fund
Comb
1 Fund Type
Adjusted
Budget Actuals
Adjusted
Budget
Year-End
Projections
Proposed
Budget
City of Grand Terrace
FY2023-24 Proposed Budget
R Total Revenue $12,224,193 $11,327,159 $12,549,976 $12,212,932 $12,325,029
E Total Expense $11,305,745 $8,968,623 $14,216,068 $12,609,034 $12,138,877
$918,448 $2,358,536 ($1,666,092)($396,103)$186,152
F.9.b
Packet Pg. 169
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
Fund Fund Title
2020-21
Actual
2021-22
Actuals
2022-23
Projected
2023-24
Proposed
Budget
GENERAL FUNDS
10 GENERAL FUND $6,307,123 $8,326,772 $8,995,094 $7,866,852
61 COMMUNITY BENEFITS FUND $10,082 $20,101 $20,000 $20,000
62 LIGHT UP GRAND TERRACE $5,535 $13,350 $14,950 $20,000
63 GT ILLEGAL FIREWORKS ENFORCEMENT $1 ($2,500)$0 $2,000
64 PUBLIC SAFETY FUND $52 $43 $106 $0
69 COMMUNITY DAY FUND $0 $4,365 $0 $10,000
68 40TH YEAR BIRTHDAY CELEBRATION FND $0 $0 $0 $0
70 EQUIP REPLACEMENT RESERVE FUND $2 $4 $0 $0
DEVELOPMENT IMPACT FEES (DIF)
11 STREET FUND $3,550 ($5,220)$6,507 $88,000
12 STORM DRAIN FUND $43,007 $251 $312 $800
13 PARK FUND ($165)($831)$1,014 $800
19 FACILITIES FUND $3,483 ($418)$783 $600
SPECIAL REVENUE FUNDS
14 SLESF (AB3229 COPS)$157,100 $161,420 $165,306 $165,000
15 AIR QUALITY IMPROVEMENT FUND $15,971 $14,447 $16,259 $16,400
16 GAS TAX FUND $369,137 $439,293 $377,000 $438,400
17 TRAFFIC SAFETY FUND $4,454 $7,347 $4,028 $4,500
20 MEASURE "I" FUND $281,718 $333,893 $300,867 $300,400
25 SPRING MOUNTAIN RANCH $1,696 $356,133 $0 $52,000
26 LNDSCP & LGTG ASSESSMENT DIST $55,643 $58,045 $35,472 $60,732
56 ROAD MAINTENANCE & REHAB ACCT $230,963 $254,550 $285,000 $300,000
67 PUBLIC, EDUCATIONAL & GOVT ACCESS $24,025 $22,824 $10,100 $19,300
76 EIFD - ENHANCED INFRAST FIN DIST $0 $0 $0 $0
85 OPIOID SETTLEMENT FUNDS $0 $0 $7,558 $3,400
90 COVID-19 FEMA REIMBURSEMENT FUND $153,449 $0 $0 $0
91 SB COUNTY CORONA VIRUS RELIEF $153,425 $0 $0 $0
93 COVID - INFRASTRUCTURE $274,200 $0 $0 $0
94 ARPA $0 $2,917 $1,508,097 $0
ENTERPRISE FUND
21 WASTEWATER DISPOSAL FUND $13,576 ($8,560)$10,165 $4,000
GRANT FUNDS
22 CDBG - COMM DEV BLOCK GRANT $59,930 $16,272 $50,140 $56,020
65 SENIOR BUS PROGRAM FUND $59,680 $99,923 $112,700 $106,238
66 CAL RECYCLE GRANT $18 $21,220 $0 $21,219
73 ACTIVE TRANSPORTATION PRGRM FUND $0 $0 $0 $0
74 HIGHWAY SAFETY IMPROV PROGRAM $36,200 $325,394 $0 $692,534
75 EMER MGMT PREP GRANT (EMPG)$0 $6,876 $6,876 $29,000
77 SO CAL INCENTIVE PROJ (SCIP) GRANT $0 $0 $0 $0
92 CDBG - COVID $0 $0 $141,000 $0
SUCCESSOR AGENCY
31 S/A RDA REVENUE FUND $283,438 $0 $0 $0
32 S/A CAPITAL PROJECTS FUND $0 $24,998 $0 $0
33 S/A DEBT SERVICE FUND $0 $771,890 $0 $0
36 2011 TABS A & B BOND PROCEEDS $76 ($1,352)$1,352 $0
CAPITAL PROJECT FUNDS
45 CIP - COMMERCE WAY $1,893 $1,576 $0 $0
46 CAPITAL IMPROVEMENTS - STREETS $456,999 $39,000 $0 $524,894
47 CAP.PRJ. BARTON/COLTON BRIDGE $0 $0 $0 $0
48 CAPITAL PROJECTS FUND $0 $0 $0 $0
49 CAPITAL PROJECTS FUND- PARKS $576 $406 $141,166 $1,456,940
52 HOUSING AUTHORITY $2,059 $22,730 $1,080 $65,000
95 DOG PARK ENDOWMENT FUND $0 $0 $0 $0
$9,008,896 $11,327,159 $12,212,932 $12,325,029
Cityof Grand Terrace
FY 2023-24 Proposed Revenue Summary by Fund
F.9.b
Packet Pg. 170
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
Fund Fund Title
2020-21
Actual
2021-22
Actuals
2022-23
Projected
2023-24
Proposed
Budget
GENERAL FUNDS
10 GENERAL FUND $6,331,328 $6,777,142 $7,712,544 $7,809,967
61 COMMUNITY BENEFITS FUND $1,385 $3,685 $8,035 $20,000
62 LIGHT UP GRAND TERRACE $5,915 $16,031 $18,783 $20,000
63 GT ILLEGAL FIREWORKS ENFORCEMENT $0 $0 $2,000 $2,000
64 PUBLIC SAFETY FUND $0 $0 $0 $0
69 COMMUNITY DAY FUND $0 $4,694 $20,000 $15,000
68 40TH YEAR BIRTHDAY CELEBRATION FND $0 $0 $0 $0
70 EQUIP REPLACEMENT RESERVE FUND $0 $0 $30,000 $0
DEVELOPMENT IMPACT FEES (DIF)
11 STREET FUND $0 $0 $0 $0
12 STORM DRAIN FUND $0 $0 $0 $0
13 PARK FUND $0 $0 $0 $0
19 FACILITIES FUND $204,835 $766 $4,000 $0
SPECIAL REVENUE FUNDS
14 SLESF (AB3229 COPS)$157,872 $161,918 $164,550 $160,550
15 AIR QUALITY IMPROVEMENT FUND $5,000 $3,860 $11,000 $0
16 GAS TAX FUND $428,537 $412,499 $344,951 $369,055
17 TRAFFIC SAFETY FUND $0 $9,788 $4,000 $4,000
20 MEASURE "I" FUND $293,651 $162,647 $79,272 $300,000
25 SPRING MOUNTAIN RANCH $4,720 $49,050 $50,000 $50,000
26 LNDSCP & LGTG ASSESSMENT DIST $14,670 $25,710 $50,780 $59,290
56 ROAD MAINTENANCE & REHAB ACCT $202,000 $0 $0 $300,000
67 PUBLIC, EDUCATIONAL & GOVT ACCESS $0 $9,220 $17,000 $19,300
76 EIFD - ENHANCED INFRAST FIN DIST $0 $0 $0 $0
85 OPIOID SETTLEMENT FUNDS $0 $0 $0 $0
90 COVID-19 FEMA REIMBURSEMENT FUND $123,180 $0 $0 $0
91 SB COUNTY CORONA VIRUS RELIEF $153,426 $0 $0 $0
92 CDBG - COVID $0 $0 $141,000 $0
93 COVID - INFRASTRUCTURE $274,200 $0 $0 $0
94 ARPA $0 $0 $3,003,431 $0
ENTERPRISE FUND
21 WASTEWATER DISPOSAL FUND $88,570 $88,570 $0 $0
GRANT FUNDS
22 CDBG - COMM DEV BLOCK GRANT $30,385 $28,712 $50,140 $56,020
65 SENIOR BUS PROGRAM FUND $62,924 $80,650 $146,825 $193,238
66 CAL RECYCLE GRANT $0 $0 $0 $21,219
73 ACTIVE TRANSPORTATION PRGRM FUND $0 $0 $3 $0
74 HIGHWAY SAFETY IMPROV PROGRAM $442,564 $4,928 $0 $692,534
75 EMER MGMT PREP GRANT (EMPG)$0 $14,033 $0 $29,000
77 SO CAL INCENTIVE PROJ (SCIP) GRANT $0 $0 $0 $0
SUCCESSOR AGENCY
31 S/A RDA REVENUE FUND $0 $311,371 $0 $0
32 S/A CAPITAL PROJECTS FUND $388,132 $0 $0 $0
33 S/A DEBT SERVICE FUND $887,367 $245,021 $0 $0
36 2011 TABS A & B BOND PROCEEDS $0 $460,519 $0 $0
CAPITAL PROJECT FUNDS
45 CIP - COMMERCE WAY $65 $0 $0 $0
46 CAPITAL IMPROVEMENTS - STREETS $456,893 $38,957 $599,453 $524,894
47 CAP.PRJ. BARTON/COLTON BRIDGE $18,623 $3,586 $0 $0
48 CAPITAL PROJECTS FUND $0 $0 $0 $0
49 CAPITAL PROJECTS FUND- PARKS $37,495 $2,500 $146,166 $1,456,940
52 HOUSING AUTHORITY $21,734 $52,766 $5,101 $35,870
95 DOG PARK ENDOWMENT FUND $0 $0 $0 $0
$10,635,471 $8,968,623 $12,609,034 $12,138,877
Cityof Grand Terrace
FY 2023-24 Proposed Expenditure Summary by Fund
F.9.b
Packet Pg. 171
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
2021-22 2021-22 2022-23 2022-23 2023-24
Adjusted
Budget
Actuals Adjusted
Budget
Year-End
Projections
Proposed
Budget
Revenues
Property Tax $4,046,365 $4,448,671 $2,135,920 $4,501,908 $4,701,195
Residual Receipts - RPTTF $176,900 $188,340 $2,402,700 $0 $0
Proceeds from Sale of Property $1,798,700 $870,601 $0 $1,200,000 $0
Franchise Fees $620,000 $639,348 $635,000 $677,459 $650,000
Licenses, Fees & Permits $658,500 $793,649 $834,800 $856,085 $804,270
Sales Tax $1,236,200 $1,519,921 $1,425,400 $1,402,379 $1,534,000
Intergovernmental Revenue/Grants $2,666,529 $953,077 $3,930,637 $2,467,974 $2,927,417
Charges for Services $144,100 $129,111 $181,000 $180,713 $164,500
Fines & Forfeitures $73,800 $78,302 $72,800 $45,252 $47,700
Miscellaneous $20,000 $31,238 $39,710 $19,530 $44,710
Use of Money & Property $46,090 $37,554 $45,660 $75,583 $45,660
Waste Water Receipts $318,349 $318,349 $318,349 $318,349 $318,349
Transfers In $113,860 $1,017,471 $160,700 $110,700 $719,228
Residual Receipts - Sr Ctr $0 $0 $0 $50,000 $0
Gas Tax $304,800 $301,527 $367,300 $307,000 $368,000
Total Revenues $12,224,193 $11,327,159 $12,549,976 $12,212,932 $12,325,029
Expenditures by Category
Salaries $1,887,882 $1,536,573 $1,584,779 $1,493,882 $1,591,747
Benefits $1,292,387 $1,102,628 $1,409,032 $1,361,433 $1,284,706
Materials & Supplies $229,770 $259,094 $479,405 $504,714 $424,045
Professional/Contractual Services $5,426,258 $4,348,386 $8,033,171 $7,533,020 $5,017,147
Equipment $0 $3,000 $0 $30,000 $0
Lease of Facility/Equipment $65,200 $17,817 $17,000 $12,432 $16,500
Utilities $265,748 $309,045 $324,708 $332,802 $342,470
Overhead Cost Allocation ($3,000)$0 $0 $0 $0
Capital Projects $1,945,730 $154,586 $2,207,273 $1,169,051 $2,776,868
Debt Service $0 $220,022 $0 $0 $0
Transfers Out $195,770 $1,017,472 $160,700 $171,700 $685,394
Total Expenditures $11,305,745 $8,968,623 $14,216,068 $12,609,034 $12,138,877
Revenues $12,224,193 $11,327,159 $12,549,976 $12,212,932 $12,325,029
Expenditures by Category ($11,305,745)($8,968,623)($14,216,068)($12,609,034)($12,138,877)
Surplus or Approved Use of Fund Balance $918,448 $2,358,536 ($1,666,092)($396,103)$186,152
City of Grand Terrace
FY 2023-24 Proposed Citywide Revenue and Expenditure Report
F.9.b
Packet Pg. 172
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
2021-22 2021-22 2022-23 2022-23 2023-24
Adjusted
Budget
Actuals Adjusted
Budget
Year-End
Projections
Proposed
Budget
Revenues
Property Tax $3,989,040 $4,390,807 $2,078,595 $4,466,455 $4,640,463
Residual Receipts - RPTTF $176,900 $188,340 $2,402,700 $0 $0
Proceeds from Sale of Property $1,798,700 $870,601 $0 $1,200,000 $0
Franchise Fees $620,000 $639,349 $635,000 $677,459 $650,000
Licenses, Fees & Permits $490,000 $424,778 $665,400 $840,085 $654,870
Sales Tax $988,000 $1,185,907 $1,125,400 $1,102,379 $1,234,000
Intergovernmental Revenue/Grants $31,220 $59,469 $60,500 $61,206 $58,500
Charges for Services $141,100 $129,111 $178,000 $180,713 $161,500
Fines & Forfeitures $66,300 $73,454 $66,300 $33,694 $37,800
Miscellaneous $0 $2,356 $26,710 $14,579 $26,710
Use of Money & Property $34,660 $44,251 $34,660 $50,175 $34,660
Waste Water Receipts $318,349 $318,349 $318,349 $318,349 $318,349
Transfers In $0 $0 $50,000 $0 $50,000
Residual Receipts - Sr Ctr $0 $0 $0 $50,000 $0
Gas Tax $0 $0 $0 $0 $0
Total Revenues $8,654,269 $8,326,772 $7,641,614 $8,995,094 $7,866,852
Expenditures by Category
Salaries $1,552,512 $1,337,019 $1,482,899 $1,397,977 $1,473,431
Benefits $1,149,757 $1,044,787 $1,356,069 $1,309,962 $1,237,062
Materials & Supplies $224,770 $250,607 $323,605 $348,914 $418,545
Professional/Contractual Services $3,674,258 $3,698,713 $4,198,568 $4,384,297 $4,398,580
Equipment $0 $3,000 $0 $0 $0
Lease of Facility/Equipment $19,600 $17,817 $12,000 $7,432 $11,500
Utilities $176,448 $216,918 $229,448 $235,212 $242,300
Overhead Cost Allocation ($84,950)($81,950)($81,950)($81,950)($81,950)
Capital Projects $118,966 $112,465 $0 $0 $0
Debt Service $0 $0 $0 $0 $0
Transfers Out $125,134 $177,766 $110,700 $110,700 $110,500
Total Expenditures $6,956,495 $6,777,142 $7,631,339 $7,712,544 $7,809,968
Revenues $8,654,269 $8,326,772 $7,641,614 $8,995,094 $7,866,852
Expenditures by Category ($6,956,495)($6,777,142)($7,631,339)($7,712,544)($7,809,968)
Surplus or Approved Use of Fund Balance $1,697,774 $1,549,630 $10,275 $1,282,550 $56,884
City of Grand Terrace
FY 2023-24 Proposed General Fund Revenue and Expenditure Report by CATEGORY
F.9.b
Packet Pg. 173
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
2021-22 2021-22 2022-23 2022-23 2023-24
Adjusted
Budget
Actuals Adjusted
Budget
Year-End
Projections
Proposed
Budget
Revenues
Property Tax $3,989,040 $4,390,807 $2,078,595 $4,466,455 $4,640,463
Residual Receipts - RPTTF $176,900 $188,340 $2,402,700 $0 $0
Proceeds from Sale of Property $1,798,700 $870,601 $0 $1,200,000 $0
Franchise Fees $620,000 $639,349 $635,000 $677,459 $650,000
Licenses, Fees & Permits $490,000 $424,778 $665,400 $840,085 $654,870
Sales Tax $988,000 $1,185,907 $1,125,400 $1,102,379 $1,234,000
Intergovernmental Revenue/Grants $31,220 $59,469 $60,500 $61,206 $58,500
Charges for Services $141,100 $129,111 $178,000 $180,713 $161,500
Fines & Forfeitures $66,300 $73,454 $66,300 $33,694 $37,800
Miscellaneous $0 $2,357 $26,710 $14,579 $26,710
Use of Money & Property $34,660 $44,251 $34,660 $50,175 $34,660
Waste Water Receipts $318,349 $318,349 $318,349 $318,349 $318,349
Transfers In $0 $0 $50,000 $0 $50,000
Residual Receipts - Sr Ctr $0 $0 $0 $50,000 $0
Gas Tax $0 $0 $0 $0 $0
Total Revenues $8,654,269 $8,326,772 $7,641,614 $8,995,094 $7,866,852
Expenditures by Department
City Council $76,621 $55,459 $119,528 $101,748 $123,708
City Manager $847,763 $824,190 $690,294 $764,957 $714,415
City Clerk $234,763 $208,176 $287,126 $286,846 $285,686
Finance $480,364 $411,665 $579,427 $565,632 $561,493
City Attorney $210,000 $251,955 $210,000 $186,517 $185,000
Planning & Dev. Svcs $1,064,523 $856,877 $1,213,342 $854,234 $1,028,637
Public Works $659,645 $698,924 $1,008,751 $1,278,061 $1,239,914
Non-Departmental $941,876 $1,113,124 $1,136,875 $1,144,122 $1,015,615
Public Safety $2,440,940 $2,356,772 $2,385,996 $2,530,427 $2,655,500
Total Expenditures $6,956,495 $6,777,142 $7,631,339 $7,712,544 $7,809,967
Revenues $8,654,269 $8,326,772 $7,641,614 $8,995,094 $7,866,852
Expenditures by Department ($6,956,495)($6,777,142)($7,631,339)($7,712,544)($7,809,967)
Surplus or Approved Use of Fund Balance $1,697,774 $1,549,630 $10,275 $1,282,550 $56,885
City of Grand Terrace
FY 2023-24 Proposed General Fund Revenue and Expenditure Report by DEPARTMENT
F.9.b
Packet Pg. 174
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
F.9.b
Packet Pg. 175
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
F.9.b
Packet Pg. 176
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
F.9.b
Packet Pg. 177
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
F.9.b
Packet Pg. 178
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
F.9.b
Packet Pg. 179
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
F.9.b
Packet Pg. 180
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
F.9.b
Packet Pg. 181
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
F.9.b
Packet Pg. 182
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
F.9.b
Packet Pg. 183
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
F.9.b
Packet Pg. 184
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
City of Grand Terrace
FY 2023-24 Proposed Revenue & Expense Report by Fund Type
Revenues
Property Tax
Residual Receipts -RPTTF
Proceeds from Sale of Property
Franchise Fees
Licenses, Fees & Permits
Sales Tax
Intergovernmental Revenue/Grants
Charges for Services
Fines & Forfeitures
Miscellaneous
Use of Money & Property
Waste Water Receipts
Residual Receipts -Sr Ctr
Transfers In
Gas Tax
Expenditures
Salaries
Benefits
Materials & Supplies
Professional/Contractual Services
Lease of Facility/Equipment
Utilities
Utilities
Capital Projects
Debt Service
Transfers Out
Overhead Cost Allocation
Impact to Fund Balance
Revenues
Expenditures
Total Revenues
Total Expenditures
Net -Increase to or (Use of) Fund Balance
CaQital Proiect
Funds
$0
$0
$0
$0
$0
$0
$1,456,940
$0
$0
$0
$0
$0
$0
$524,894 fill
$1,981.834
$0
$0
$0
$0
$0
$0
$0
$1,981,834
$0
$0 fill
$1,981.834
$1,981,834
$1,981,834
$2,
Housing Authorit)'
$0
$0
$0
$0
$0
$0
$65,000
$0
$0
$0
$0
$0
$0
$0 fill
$65.000
$9,013
$2,640
$0
$24,036
$0
$0
$181
$0
$0
$0 fill
$35.870
$65,000
$35,870
$29,130
TOTAL
$4,701,195
$0
$0
$650,000
$804,270
$1,534,000
$2,927,417
$164,500
$47,700
$44,710
$45,660
$318,349
$0
$719,228
�368,000
$12.325.029
$1,591,747
$1,284,706
$424,045
$5,016,847
$0
$16,500
$342,470
$2,776,868
$0
$685,394 fill
$12,138.577
$12,325,029
$12,138,577
$186,452
F.9.b
Packet Pg. 185
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
City of Grand Terrace
FY 2023-24 Proposed Revenue & Expense Report by Fund
GENERAL FUNDS
Revenues
Property Tax
Residual Receipts -RPTTF
Proceeds from Sale of Property
Franchise Fees
Licenses, Fees & Permits
Sales Tax
Gas Tax
Intergovernmental Revenue/Grants
Charges for Services
Fines & Forfeitures
Miscellaneous
Use of Money & Property
Waste Water Receipts
Residual Receipts -Sr Ctr
Transfers In
Expenditures
Salaries
Benefits
Materials & Supplies
Professional/Contractual Services
Equipment
Lease of Facility/Equipment
Utilities
Capital Projects
Debt Service
Transfers Out
Overhead Cost Allocation
Impact to Fund Balance
Revenues
Expenditures
Total Revenues
Total Expenditures
Net -Increase to or (Use of) Fund Balance
10
General Fund
$4,640,463
$0
$0
$650,000
$654,870
$1,234,000
$0
$58,500
$161,500
$37,800
$26,710
$34,660
$318,349
$0
$50,000
$2,866,852
$1,473,431
$1,237,062
$418,545
$4,398,580
$0
$11,500
$242,300
$0
$0
$110,500
($81,950)
n,§09,968
$7,866,852
$7,809,968
$56,884
61
Communit� Benefits
Fund
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$20,000
$20,000
$0
$0
$0
$20,000
$0
$0
$0
$0
$0
$0
iQ
$20.000
$20,000
$20,000
$0
62
Light Ug Grand
Terrace
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$5,000
$0
$0
$0
$15,000
$20,000
$0
$0
$0
$20,000
$0
$0
$0
$0
$0
$0
iQ
$20,000
$20,000
$20,000
$,2
F.9.b
Packet Pg. 186
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
F.9.b
Packet Pg. 187
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
F.9.b
Packet Pg. 188
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
F.9.b
Packet Pg. 189
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
F.9.b
Packet Pg. 190
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
F.9.b
Packet Pg. 191
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
F.9.b
Packet Pg. 192
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
F.9.b
Packet Pg. 193
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
F.9.b
Packet Pg. 194
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
F.9.b
Packet Pg. 195
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
F.9.b
Packet Pg. 196
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
F.9.b
Packet Pg. 197
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
F.9.b
Packet Pg. 198
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
F.9.b
Packet Pg. 199
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
F.9.b
Packet Pg. 200
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
F.9.b
Packet Pg. 201
At
t
a
c
h
m
e
n
t
:
F
Y
2
0
2
3
-
2
4
P
r
o
p
o
s
e
d
B
u
d
g
e
t
(
A
d
o
p
t
i
o
n
o
f
t
h
e
F
Y
2
0
2
3
-
2
4
B
u
d
g
e
t
)
AGENDA REPORT
MEETING DATE: May 23, 2023 Council Item
TITLE: Approve the Re-Location of the Trash Enclosure at Veterans
Freedom Park and Approve an Agreement with Martin Lucio
for Demolition and Construction of a New Trash Enclosure
and Authorize the City Manager to Execute the Agreement
Subject to City Attorney Approval as to Form.
PRESENTED BY: Luis Gardea, Building Official
RECOMMENDATION: 1. Approve the Re-Location of the Trash Enclosure at
Veterans Freedom Park
2. Approve an Agreement with Martin Lucio (CSLB#
1031403) for Construction of a New Trash Enclosure at
Veterans Freedom Park in the amount of $33,000 with a
10% Contingency ($3,300).
3. Authorize the City Manager to execute the Agreement
subject to City Attorney approval as to form.
2030 VISION STATEMENT:
This staff report supports Goal #2 “Ensuring Our Fiscal Viability”.
BACKGROUND:
The City of Grand Terrace Veterans Freedom Park currently has a trash enclosure in
front of the Veterans Freedom Wall. The existing enclosure is unsightly and blocks sight
lines to the memorial. The existing enclosure also does not meet current City standards
for trash enclosures and has no location for edible waste disposal bins for waste
generated by the snack bar. The park is frequently used by members of the community
during Little League softball and baseball seasons, in addition to the City’s annual
Veterans Day Ceremony.
The item was brought to the City Council as future agenda items request at the April 25,
2023, City Council meeting. At that meeting, the City Council approved the item to be
brought back for discussion.
DISCUSSION:
City staff sent out an invitation to submit bids and contacted various contractors
including “B-General” and “C-29 Masonry” licensed contractors in the area qualified to
build a new trash enclosure. A total of three (3) bids were received and submitted to
G.10
Packet Pg. 202
staff.
Below are the three (3) bids received by City staff including the compensation amounts.
Total Compensation
Bid 1 Concrete the World
(CTW) Inc.
$54,100.62
Bid 2 Martin Lucio $33,000.00
Bid 3 Jonescape Inc. $39,710.00
The contractor's and subcontractor’s licenses are currently valid, and in good standing,
and references provided positive feedback. The total compensation for Concrete the
World is proposed at $54,100.62, with Martin Lucio at $33,000, and Jonescape Inc. at
$39,710.00
The scope of work includes the demolition of the existing trash enclosure and the
construction of a new enclosure at a different location at the park that is more
accessible for guests to use. Work will also include building a retaining concrete curb on
the left and rear side of the enclosure, resurfacing of concrete slab, a new wooden
cover on top of the enclosure, and installation of existing gates to the new trash
enclosure with any needed upgrades.
RECOMMENDATION:
Staff is recommending that Council approve the re-location of the trash enclosure and
approve an Agreement with Martin Lucio, (attached hereto) in an amount not to exceed
$33,000 for demolition and construction of a new trash enclosure and authorize the City
Manager to execute the agreement subject to City Attorney approval as to form.
Alternatively, the City Council may also reject the proposal.
ENVIRONMENTAL IMPACT:
None
FISCAL IMPACT:
The $33,000 plus 10% contingency of $3,300 for a total of $36,300 will come from the
General Fund account #10-450-710-000-000.
ATTACHMENTS:
• Bid #1 - CTW Inc (PDF)
• Bid #2 - Martin Lucio (PDF)
• Bid #3 - Jonescape Inc (PDF)
• Grand Terrace Public Works Agreement with Martin Lucio_JT's Edits(DOCX)
G.10
Packet Pg. 203
APPROVALS:
Luis Gardea Completed 05/17/2023 11:30 AM
City Manager Completed 05/17/2023 2:54 PM
City Council Pending 05/23/2023 6:00 PM
G.10
Packet Pg. 204
G.10.a
Packet Pg. 205
At
t
a
c
h
m
e
n
t
:
B
i
d
#
1
-
C
T
W
I
n
c
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
E
n
c
l
o
s
u
r
e
)
G.10.a
Packet Pg. 206
At
t
a
c
h
m
e
n
t
:
B
i
d
#
1
-
C
T
W
I
n
c
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
E
n
c
l
o
s
u
r
e
)
G.10.a
Packet Pg. 207
At
t
a
c
h
m
e
n
t
:
B
i
d
#
1
-
C
T
W
I
n
c
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
E
n
c
l
o
s
u
r
e
)
G.10.b
Packet Pg. 208
At
t
a
c
h
m
e
n
t
:
B
i
d
#
2
-
M
a
r
t
i
n
L
u
c
i
o
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
E
n
c
l
o
s
u
r
e
)
G.10.c
Packet Pg. 209
At
t
a
c
h
m
e
n
t
:
B
i
d
#
3
-
J
o
n
e
s
c
a
p
e
I
n
c
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
E
n
c
l
o
s
u
r
e
)
01247.0006/867431.1
PUBLIC WORKS AGREEMENT
By and Between
CITY OF GRAND TERRACE
and
MARTIN ESPARZA LUCIO
G.10.d
Packet Pg. 210
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
-1-
01247.0006/867431.1
AGREEMENT FOR PUBLIC WORKS SERVICES
BETWEEN THE CITY OF GRAND TERRACE AND
MARTIN ESPARZA LUCIO
This AGREEMENT FOR PUBLIC WORKS SERVICES BETWEEN THE CITY OF
GRAND TERRACE AND MARTIN ESPARZA LUCIO. (herein “Agreement”) is made and
entered into this 23 day of May, 2023 by and between the City of GRAND TERRACE, a California
municipal corporation (“City”) and MARTIN ESPARZA LUCIO, 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
G.10.d
Packet Pg. 211
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
-2-
01247.0006/867431.1
materials will be both of good quality as well as fit for the purpose intended. For purposes of this
Agreement, the phrase “highest professional standards” shall mean those standards of practice
recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Contract Documents.
The Scope of Work shall include the “General Provisions” and “Special Provisions”
contained in as provided in this Agreement, all of which are incorporated herein by this reference.
In the event of any inconsistency between the terms of the bid documents and this Agreement, the
terms of this Agreement shall govern.
1.3 Incorporation of Green Book.
The provisions of the 2021 Edition of the Standard Specifications for Public Works
Construction, as updated by errata, (“Greenbook”) are incorporated herein, except as explicitly
modified by the Bid Documents. In the event of any conflict between the provisions of the
Greenbook and this Agreement, the terms of this Agreement shall govern.
1.4 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.
1.5 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
G.10.d
Packet Pg. 212
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
-3-
01247.0006/867431.1
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 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.”
G.10.d
Packet Pg. 213
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
-4-
01247.0006/867431.1
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, 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.
1.6 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.
1.7 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.
G.10.d
Packet Pg. 214
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
-5-
01247.0006/867431.1
(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.
1.8 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.
1.9 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
G.10.d
Packet Pg. 215
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
-6-
01247.0006/867431.1
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.
1.10 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.
1.11 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the
services, without invalidating this Agreement, to order extra work beyond that specified in the
Scope of Work or make changes by altering, adding to or deducting from said work. No such extra
work may be undertaken unless a written change order is first given by the Contract Officer to the
Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to
perform this Agreement, which said adjustments are subject to the written approval of the
Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract
Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the
Contract Sum or any increase in the time to perform of up to one hundred eighty (180) days; and
does not materially affect the Work and which are not detrimental to the Work or to the interest of
the City, may be approved by the Contract Officer. Any greater increases, taken either separately
or cumulatively, must be approved by the City Council.
(c) Any adjustment in the Contract Sum for a Change Order must be in
accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in
the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such
work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract
Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work
of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages of
workers and subcontractors performing the work for the Change Order at the time such work is
done. The use of labor classifications that would increase the cost of such work shall not be
permitted.
(ii) Materials and Equipment: the cost of materials and
equipment shall be at cost to Contractor or lowest current price which such materials and
equipment are reasonably available at the time the work is done, whichever is lower.
G.10.d
Packet Pg. 216
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
-7-
01247.0006/867431.1
(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 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.
1.12 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 thirty-three thousand dollars ($33,000) (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.
G.10.d
Packet Pg. 217
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
-8-
01247.0006/867431.1
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 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.
G.10.d
Packet Pg. 218
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
-9-
01247.0006/867431.1
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,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires,
earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within
ten (10) days of the commencement of such delay notify the Contract Officer in writing of the
causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and
extend the time for performing the services for the period of the enforced delay when and if in the
judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall
be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled
to recover damages against the City for any delay in the performance of this Agreement, however
caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Inspection and Final Acceptance.
City may inspect and accept or reject any of Contractor’s work under this
Agreement, either during performance or when completed. City shall reject or finally accept
Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a
timely written acceptance, otherwise work shall be deemed to have been rejected. City’s
acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such
gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver
of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining
to warranty and indemnification and insurance, respectively.
3.5 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this
Agreement shall continue in full force and effect until completion of the services but not exceeding
one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance
(Exhibit “D”).
G.10.d
Packet Pg. 219
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
-10-
01247.0006/867431.1
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:
Martin Esparza Lucio Principal
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation
of the foregoing Principals were a substantial inducement for City to enter into this Agreement.
Therefore, the Principals shall be responsible during the term of this Agreement for directing all
activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive
direction and control of the Principals. For purposes of this Agreement, the Principals may not be
replaced nor may their responsibilities be substantially reduced by Contractor without the express
written approval of City. Additionally, Contractor shall make every reasonable effort to maintain
the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform
the services required under this Agreement. Contractor shall notify City of any changes in
Contractor’s staff and subcontractors, if any, assigned to perform the services required under this
Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any
obligation, debt or liability of any kind on behalf of or against City, whether by contract or
otherwise, unless such authority is expressly conferred under this Agreement or is otherwise
expressly conferred in writing by City. Contractor shall not at any time or in any manner represent
that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials,
officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers,
employees or agents, shall obtain any rights to retirement, health care or any other benefits which
may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the City Manager or such person as may be designated
by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer
is kept informed of the progress of the performance of the services and the Contractor shall refer
any decisions which must be made by City to the Contract Officer. Unless otherwise specified
herein, any approval of City required hereunder shall mean the approval of the Contract Officer.
The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all
documents on behalf of the City required hereunder to carry out the terms of this Agreement.
G.10.d
Packet Pg. 220
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
-11-
01247.0006/867431.1
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 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.
G.10.d
Packet Pg. 221
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
-12-
01247.0006/867431.1
(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.
(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.
G.10.d
Packet Pg. 222
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
-13-
01247.0006/867431.1
(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-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.
G.10.d
Packet Pg. 223
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
-14-
01247.0006/867431.1
(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,
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’
G.10.d
Packet Pg. 224
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
-15-
01247.0006/867431.1
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.
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.
G.10.d
Packet Pg. 225
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
-16-
01247.0006/867431.1
5.5 Labor Bond.
Concurrently with execution of this Agreement, Contractor shall deliver to the City, 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”).
The Labor 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 bond 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 bond shall be in the form as provided in Exhibit “A-
2” 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
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 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
G.10.d
Packet Pg. 226
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
-17-
01247.0006/867431.1
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.
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
G.10.d
Packet Pg. 227
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
-18-
01247.0006/867431.1
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) 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
G.10.d
Packet Pg. 228
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
-19-
01247.0006/867431.1
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
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.
G.10.d
Packet Pg. 229
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
-20-
01247.0006/867431.1
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.
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
G.10.d
Packet Pg. 230
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
-21-
01247.0006/867431.1
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.
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.
G.10.d
Packet Pg. 231
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
-22-
01247.0006/867431.1
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.
8.1 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or
shall acquire any interest, directly or indirectly, which would conflict in any manner with the
interests of City or which would in any way hinder Contractor’s performance of services under
this Agreement. Contractor further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Contractor agrees to at all times avoid
conflicts of interest or the appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or
indirect, in this Agreement nor shall any such officer or employee participate in any decision
relating to the Agreement which effects his financial interest or the financial interest of any
corporation, partnership or association in which he is, directly or indirectly, interested, in violation
of any State statute or regulation. The Contractor warrants that it has not paid or given and will not
pay or give any third party any money or other consideration for obtaining this Agreement.
8.2 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all
persons claiming under or through them, there shall be no discrimination against or segregation
of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry, or other protected class in the performance of
this Agreement. Contractor shall take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, color, creed, religion,
sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.
8.3 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the
Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions
imposed, together with any and all costs, including attorneys' fees, incurred by City.
G.10.d
Packet Pg. 232
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
-23-
01247.0006/867431.1
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.
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.
G.10.d
Packet Pg. 233
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
-24-
01247.0006/867431.1
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
bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
G.10.d
Packet Pg. 234
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
-25-
01247.0006/867431.1
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:
MARTIN ESPARZA LUCIO
By:
___________________________________
Name:
Title:
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.
G.10.d
Packet Pg. 235
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
01247.0006/867431.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
G.10.d
Packet Pg. 236
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
01247.0006/867431.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
G.10.d
Packet Pg. 237
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
01247.0006/867431.1 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 Exhibit A-1, including, but not limited to, the “General Provisions” and
“Special Provisions”.
II. Brief description of the work to be performed under this Agreement is as follows
(“Project”):
A. Demolition of an existing trash enclosure and construction of a new enclosure at a
different location at the park, as approved by the Public Works Director, that is far
more accessible for guests to use. Work will also include building a retaining
concrete curb on the left and rear side of the enclosure, resurfacing of concrete slab,
a new wooden cover on top of the enclosure, and installation of existing gates to
the new trash enclosure with any needed upgrades.
III. In addition to the requirements of Section 6.2, during performance of the work, Contractor
will keep the City apprised of the status of performance by delivering status reports on a
weekly basis and pursuant to the construction timeline. Contractor shall also deliver status
reports as may be required by the City from time to time.
IV. All work is subject to review and acceptance by the City including inspections performed
by the City’s Building Division, and must be revised by the Contractor without additional
charge to the City until found satisfactory and accepted by City.
V. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic
in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.
G.10.d
Packet Pg. 238
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
01247.0006/867431.1
EXHIBIT “A-1”
G.10.d
Packet Pg. 239
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
01247.0006/867431.1
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.
G.10.d
Packet Pg. 240
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
01247.0006/867431.1
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.
G.10.d
Packet Pg. 241
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
01247.0006/867431.1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
G.10.d
Packet Pg. 242
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
01247.0006/867431.1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates submitted as part of Contractor’s Proposal as
provided in Exhibit C-1, provided that the City does not expressly or by implication
agree that the actual amount of work will correspond with quantities given in Exhibit C-
1, but reserves the right to increase or decrease the amount of any class or portion as
deemed necessary or advisable by the City Engineer. Payment will be based upon
the actual quantities installed or constructed, unless otherwise specified.
II. A retention of 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 above, and with the approval of the Contract
Officer, funds may be shifted from one item’s subbudget to another so long as the Contract
Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10.
IV. The City will compensate Contractor for the Services performed upon submission of a
valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and
travel properly charged to the Services.
V. The total compensation for the Services shall not exceed $33,000 as provided in Section
2.1 of this Agreement.
G.10.d
Packet Pg. 243
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
01247.0006/867431.1
EXHIBIT C-1
BID SCHEDULE FOR
______
G.10.d
Packet Pg. 244
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h
01247.0006/867431.1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work timely and in accordance with plans and
specifications as provided in Exhibit A and such work shall be completed by June
23, 2023.
II. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
G.10.d
Packet Pg. 245
At
t
a
c
h
m
e
n
t
:
G
r
a
n
d
T
e
r
r
a
c
e
P
u
b
l
i
c
W
o
r
k
s
A
g
r
e
e
m
e
n
t
w
i
t
h
M
a
r
t
i
n
L
u
c
i
o
_
J
T
'
s
E
d
i
t
s
(
S
e
l
e
c
t
i
o
n
o
f
B
i
d
f
o
r
V
e
t
e
r
a
n
s
F
r
e
e
d
o
m
P
a
r
k
T
r
a
s
h