06/27/2023CITY OF GRAND TERRACE
CITY COUNCIL
AGENDA ● JUNE 27, 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: 876 6893 3334
Password: 974105
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 June 27, 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
Certificates of Recognition - Grand Terrace Lady Titans Cheer
C. CONSENT CALENDAR
The following Consent Calendar items are expected to be routine and noncontroversial.
They will be acted upon by the City Council at one time without discussion. Any Council
Member, Staff Member, or Citizen may request removal of an item from the Consent
calendar for discussion.
1. Waive Full Reading of Ordinances on Agenda
DEPARTMENT: CITY CLERK
2. Approval of Minutes – Regular Meeting – 06/13/2023
DEPARTMENT: CITY CLERK
Agenda Grand Terrace City Council June 27, 2023
City of Grand Terrace Page 3
3. Professional Services Agreement Between the City of Grand Terrace and Lilburn
Corporation for Planning Consultant Services Related to the Proposed Development of
a Gas Station and Convenience Store
RECOMMENDATION:
1) Approve an Agreement with Lilburn Corporation in the amount of $44,750.00; and
2) Authorize the City Manager to Execute the Contract, subject to City Attorney
approval as to form.
DEPARTMENT: CITY MANAGER
4. Approve the Shared Use Agreement by and Between the City of Grand Terrace and the
Grand Terrace Chamber of Commerce
RECOMMENDATION:
That the City Council Approve the Shared Use Agreement by and Between the City of
Grand Terrace and the Grand Terrace Chamber of Commerce
DEPARTMENT: CITY MANAGER
5. Introduce for Second Reading by Title Only, with Further Reading Waived, and Adopt
an Ordinance Amending Municipal Code 15.18.010 - Adoption of the 2022 California
Fire Code
RECOMMENDATION:
Introduce for second reading by title only, with further reading waived, and adopt AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
CALIFORNIA, ADOPTING BY REFERENCE THE 2022 CALIFORNIA FIRE CODE AS
AMENDED BY SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT
ORDINANCE NO. 23-01 AND REPEALING AND REPLACING GRAND TERRACE
MUNICIPAL CODE CHAPTER 15.18 IN ITS ENTIRETY TO INCORPORATE THE NEW
CODE AS AMENDED
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
6. Additional Appropriations for Repair of Storm Drain Crossing Mt. Vernon Ave. at Van
Buren St.
RECOMMENDATION:
1. Approve additional appropriations in the amount of $26,200 for the emergency
repairs of the storm drain crossing Mt. Vernon Ave. at Van Buren St.
DEPARTMENT: CITY MANAGER
7. Approval of Five Year CIP (Roads) and Adoption of Resolution for Measure I Five Year
CIP Plan for FY 2023-2028, and Resolution Adopting List of Projects Funded by SB 1 in
FY 2023-24
RECOMMENDATION:
1. APPROVE THE FIVE-YEAR (FY 2023-28) CAPITAL IMPROVEMENT PLAN
2. ADOPT RESOLUTION OF MEASURE I FIVE-YEAR (FY 2023-28) CAPITAL
IMPROVEMENT PLAN
Agenda Grand Terrace City Council June 27, 2023
City of Grand Terrace Page 4
3. ADOPT RESOLUTION OF PROJECTS FUNDED BY SB 1: THE ROAD REPAIR
AND ACCOUNTABILITY ACT OF 2017 FOR FY 2023-24
DEPARTMENT: PUBLIC WORKS
8. Treasurer's Report as of March 31, 2023
RECOMMENDATION:
Receive and file the Treasurer's Report for the period ending March 31, 2023.
DEPARTMENT: FINANCE
9. Professional Service Agreements for on Call Planning and Environmental Services
Between the City of Grand Terrace and Moore, Iacofano, Goltsman, Inc., Michael Baker
International and Lilburn Corporation
RECOMMENDATION:
1. Approve Professional Services Agreements Between the City of Grand Terrace and
Moore Iacofano Goltsman, Inc., Michael Baker International and Lilburn Corporation
(each with 3 year terms), subject to the City Manager’s approval/negotiation and the
City Attorney’s approval as to form; and
2. Authorize the City Manager to Execute the Agreements, subject to the City
Manager’s approval/negotiation and the City Attorney’s approval as to form.
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
10. Approval of the May-2023 Check Register in the Amount of $377,225.53
RECOMMENDATION:
Approve the Check Register No. 05312023 in the amount of $377,225.53 as submitted,
for the month ending May 31, 2023.
DEPARTMENT: FINANCE
11. Setting Public Hearing for 2023-24 Landscape & Lighting Assessment District 89-1 for
July 11, 2023 at 6:00 P.M. or Soon Thereafter as Feasible
RECOMMENDATION:
1. SET PUBLIC HEARING FOR JULY 11, 2023, AT 6:00 P.M. OR SOON
THEREAFTER AS FEASIBLE
2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, PURSUANT TO THE LANDSCAPING AND LIGHTING
ACT OF 1972, INITIATING PROCEEDINGS TO LEVY AND INCREASE (AS
PREVIOUSLY AUTHORIZED BY PROPERTY OWNERS) ANNUAL
ASSESSMENTS FOR THE 2023-24 FISCAL YEAR FOR THE CITY OF GRAND
TERRACE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1
AND ORDERING THE ENGINEER TO BE PREPARED AND FILE A REPORT IN
ACCORDANCE WITH ARTICLE IV OF CHAPTER 1 OF SAID ACT; and
3. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, GIVING PRELIMINARY APPROVAL OF THE
ENGINEERS REPORT FOR LANDSCAPING AND LIGHTING ASSESSMENT
Agenda Grand Terrace City Council June 27, 2023
City of Grand Terrace Page 5
DISTRICT NO. 89-1, AND THE LEVY, INCREASE (AS PREVIOUSLY
AUTHORIZED BY PROPERTY OWNERS), AND COLLECTION OF ANNUAL
ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2023-24; and
4. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, SETTING AND DECLARING ITS INTENTION TO
CONDUCT A PUBLIC HEARING FOR JULY 11, 2023, at 6:00 P.M. OR SOON
THEREAFTER AS FEASIBLE, ON LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT NO. 89-1, AND INTENTION TO LEVY, INCREASE (AS
PREVIOUSLY AUTHORIZED BY PROPERTY OWNERS), AND COLLECT
ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2023-24
DEPARTMENT: PUBLIC WORKS
12. Approval of Professional Services Agreements for Interim Senior Civil Engineering
Services and On-Call Engineering Services
RECOMMENDATION:
1. Approve a Professional Services Agreement for Interim City Engineering Services
with Willdan (maximum compensation of $105,000 per year);
2. Approve Professional Services Agreements with Willdan Group Inc. for On-Call
Engineering Services (maximum compensation of $20,000 per year);
3. Approve Professional Services Agreements with Interwest Consulting Group for On-
Call Engineering Services (maximum compensation of $10,000 per year);
4. Authorize the City Manager to Execute All Approved Agreements Subject to City
Attorney Approval As to Form.
DEPARTMENT: PUBLIC WORKS
D. PUBLIC COMMENT
This is the opportunity for members of the public to comment on any items not
appearing on the regular agenda. Because of restrictions contained in California Law,
the City Council may not discuss or act on any item not on the agenda, but may briefly
respond to statements made or ask a question for clarification. The Mayor may also
request a brief response from staff to questions raised during public comment or may
request a matter be agendized for a future meeting.
E. PUBLIC HEARINGS - NONE
F. UNFINISHED BUSINESS - NONE
Agenda Grand Terrace City Council June 27, 2023
City of Grand Terrace Page 6
G. NEW BUSINESS
13. Funding Request from the Grand Terrace Chamber of Commerce
RECOMMENDATION:
The City Council continues to support the Grand Terrace Chamber of Commerce
through the contribution of office and administrative space but does not contribute direct
financial support at this time. However, staff should be directed to evaluate some level
of funding in the 2024-25 FY budget.
DEPARTMENT: CITY MANAGER
14. Truck Routes in the City of Grand Terrace
RECOMMENDATION:
Receive and file.
DEPARTMENT: CITY MANAGER
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. Ordinance Banning Recreational Vehicles Parked on Driveways, Including Load
Trailers and Boats Within 13 Months, Allowing Residents to Secure Parking Storage
Requested by: Council Member Sylvia Rodriguez-Robles
I. CITY COUNCIL COMMUNICATIONS
Council Member Kenneth J. Henderson
Council Member Jeff Allen
Council Member Sylvia Rodriguez-Robles
Agenda Grand Terrace City Council June 27, 2023
City of Grand Terrace Page 7
Mayor Pro Tempore Doug Wilson
Mayor Bill Hussey
J. CITY MANAGER COMMUNICATIONS
K. CLOSED SESSION - NONE
L. ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, July 11, 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 ● JUNE 13, 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,
June 13, 2023, at 6:00 p.m.
Invocation
The Invocation was given by Father Emmanuel Ukaegbu-Onuoha, Ph.D. of the Diocese
of San Bernardino Blessed Junipero Serra House of Formation (Seminary).
Pledge of Allegiance
The Pledge of Allegiance was led by City Attorney Adrian Guerra.
AB 2449 Disclosures
None.
Attendee Name Title Status Arrived
Bill Hussey Mayor Present
Doug Wilson Mayor Pro Tem Present
Sylvia Rodriguez-Robles Council Member Present
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 - NONE
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Minutes Grand Terrace City Council June 13, 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: Hussey, Wilson, Rodriguez-Robles, Allen, Henderson
1. Waive Full Reading of Ordinances on Agenda
2. Approval of Minutes – Regular Meeting – 05/23/2023
APPROVE THE REGULAR MEETING MINUTES OF MAY 23, 2023.
3. Approval of the Apr-2023 Check Register in the Amount of $432,898.72
APPROVE THE CHECK REGISTER NO. 04302023 IN THE AMOUNT OF $432,898.72
AS SUBMITTED, FOR THE MONTH ENDING APRIL 30, 2023.
4. Adoption of Resolutions Updating the Signature Authority for the City's Bank of America,
California Asset Management Program, LAIF, US Bank Safekeeping, eConnectDirect,
Arrowhead Credit Union, MIDAmerica, and Empower Retirement Accounts
ADOPT THE ATTACHED RESOLUTIONS UPDATING THE SIGNATURE
AUTHORITY FOR THE CITY’S BANK OF AMERICA, CALIFORNIA ASSET
MANAGEMENT PROGRAM, LAIF, US BANK SAFEKEEPING, E-CONNECTDIRECT,
ARROWHEAD CREDIT UNION, MIDAMERICA, AND EMPOWER RETIREMENT
ACCOUNTS
5. Commitment of Fund Balance for Fiscal Year 2022-2023 in Accordance with
Governmental Accounting Standards Board Statement No. 54 and City Reserves Policy
No. 3.06
ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, COMMITTING FUND BALANCE FOR FISCAL YEAR 2022-
23 IN ACCORDANCE WITH GOVERNMENTAL ACCOUNTING STANDARDS
BOARD STATEMENT 54 AND CITY RESERVES POLICY NO. 3.06
6. Adopt a Resolution Prospectively Naming the Development of APN 0276-233-47-0000
in Honor of Ms. Angeline Petta And/Or the Family Trust of Anthony Petta and Angeline
Petta
THAT THE CITY COUNCIL ADOPT A RESOLUTION PROSPECTIVELY NAMING
THE DEVELOPMENT OF APN 0276-233-47-0000 IN HONOR OF MS. ANGELINE
PETTA AND/OR THE FAMILY TRUST OF ANTHONY PETTA AND ANGELINE
PETTA
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Minutes Grand Terrace City Council June 13, 2023
City of Grand Terrace Page 3
7. Acceptance of Resignation by Parks & Recreation Advisory Committee Member Terry
Reagan and Authorization to Send Letter of Appreciation and Post a Notice of Vacancy
ACCEPT THE LETTER OF RESIGNATION OF PARKS & RECREATION ADVISORY
COMMITTEE MEMBER TERRY REAGAN, DIRECT THE CITY CLERK TO PREPARE
AND SEND A LETTER OF APPRECIATION ON BEHALF OF THE CITY COUNCIL
AND DIRECT STAFF TO POST A NOTICE OF VACANCY
8. Acceptance of the California Automated Permit Processing Program - CalAPP Grant
(APP-22-152) from the California Energy Commission in the Amount of $40,000
Directed to the City of Grand Terrace
A. APPROVE ACCEPTANCE OF THE CALIFORNIA AUTOMATED PERMIT
PROCESSING PROGRAM - CALAPP GRANT ISSUED BY THE CALIFORNIA
ENERGY COMMISSION IN THE AMOUNT OF $40,000.
9. Independent Contractor Agreement for Fiscal Year 2023-24 with Family Services
Association for the Administration and Provision of a Senior Nutrition Program and
Senior Center Coordinator Services
1. APPROVE THE INDEPENDENT CONTRACTOR AGREEMENT FOR FISCAL
YEAR 2023-24 WITH FAMILY SERVICES ASSOCIATION (“FSA”) FOR THE
ADMINISTRATION AND PROVISION OF A SENIOR NUTRITION PROGRAM AND
SENIOR CENTER COORDINATOR SERVICES AT THE SENIOR CENTER AS
DESCRIBED THEREIN, IN A TOTAL CONTRACT SUM NOT TO EXCEED
$46,020.
2. AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT SUBJECT
TO THE CITY ATTORNEY’S APPROVAL AS TO FORM.
10. Thirtieth Amendment to Law Enforcement Services Contract No. 94-797 with the
County of San Bernardino to Provide Law Enforcement Services for Fiscal Year 2023-
24 to the City of Grand Terrace
1. APPROVE THE THIRTIETH AMENDMENT TO LAW ENFORCEMENT SERVICES
CONTRACT NO. 94-797 WITH THE COUNTY OF SAN BERNARDINO TO
PROVIDE LAW ENFORCEMENT SERVICES FROM THE SHERIFFS’
DEPARTMENT FOR FISCAL YEAR 2023-24; AND
2. AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT, SUBJECT TO
CITY ATTORNEY’S APPROVAL AS TO FORM.
D. PUBLIC COMMENT
Jordan Sapien, Grand Terrace commented on tree removal.
Robert Sanchez, Grand Terrace commented on traffic and speed on Grand Terrace
Road.
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Minutes Grand Terrace City Council June 13, 2023
City of Grand Terrace Page 4
Chuck Hornsby, Grand Terrace commented on simple improvements that could be
made in the city.
Margely Lara, Grand Terrace commented on a health hazard she is being exposed to.
Carolina Vicente, Colton commented on the upcoming Smoke-Free Grand Terrace
Forum.
Steve Morgan, Grand Terrace asked when street paving would be conducted on his
street.
E. PUBLIC HEARINGS - NONE
F. UNFINISHED BUSINESS - NONE
G. NEW BUSINESS
11. Allow Expansion of Membership to the Historical & Cultural Activities Committee to the
Surrounding Cities
Debra Thomas, City Clerk gave the staff report for this item.
Council Member Henderson moved, with a second from Council Member Allen to have
staff evaluate combining the Historical & Cultural Activities Committee with the Parks &
Recreation Advisory Committee and have the City Manager bring back to the City
Council a report on its feasibility.
RESULT: APPROVED [4 TO 1]
MOVER: Kenneth J. Henderson, Council Member
SECONDER: Jeff Allen, Council Member
AYES: Bill Hussey, Doug Wilson, Sylvia Rodriguez-Robles, Jeff Allen
NOES: Doug Wilson
12. First Reading of an Ordinance Amending Municipal Code 15.18.010 - Adoption of the
California Fire Code
Luis Gardea, Building Official gave the staff report and a PowerPoint presentation for
this item.
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Minutes Grand Terrace City Council June 13, 2023
City of Grand Terrace Page 5
Fire Marshal Monica Ronchettii with the San Bernardino County Fire Protection District
gave a PowerPoint presentation with an Executive Summary for the City of Grand
Terrace on its 2023 Fire Code adoption.
INTRODUCE FOR FIRST READING WITH FURTHER READING WAIVED AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
CALIFORNIA, ADOPTING BY REFERENCE THE 2022 CALIFORNIA FIRE CODE AS
AMENDED BY SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT
ORDINANCE NO. 23-01 AND REPEALING AND REPLACING GRAND TERRACE
MUNICIPAL CODE CHAPTER 15.18 IN ITS ENTIRETY TO INCORPORATE THE NEW
CODE AS AMENDED
RESULT: APPROVED [UNANIMOUS]
MOVER: Sylvia Rodriguez-Robles, Council Member
SECONDER: Jeff Allen, Council Member
AYES: Hussey, Wilson, Rodriguez-Robles, Allen, Henderson
H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL
1. Motion: Consider Re-Naming the City's Dog Park after Grand Terrace resident, Anne
Wade-Hornsby
Requested by: Council Member Jeff Allen
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jeff Allen, Council Member
SECONDER: Kenneth J. Henderson, Council Member
AYES: Hussey, Wilson, Rodriguez-Robles, Allen, Henderson
I. CITY COUNCIL COMMUNICATIONS
Council Member Kenneth J. Henderson
Council Member Kenneth J. 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.
Council Member Sylvia Robles
Council Member Sylvia Rodriguez-Robles commented on board meetings and events
that she attended. Click here for the report.
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Minutes Grand Terrace City Council June 13, 2023
City of Grand Terrace Page 6
Mayor Pro Tempore Doug Wilson
Mayor Pro Tem Doug Wilson commented on board meetings and events that he
attended. Click here for the report.
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 Bolowich provided a video recap of the June 10, 2023, Grand Terrace
Community Day event. He also provided an update that street paving in the City is
complete, however, a few weeks remain for striping and finishing the last few punch list
items. He announced that in the last 16 months, five (5) miles of road have been paved.
K. CLOSED SESSION - NONE
L. ADJOURN
Mayor Hussey adjourned the regular meeting of the City Council in memory of Patricia
Hinojosa at 7:20 p.m. The Next Regular City Council Meeting will be held on Tuesday,
June 27, 2023, at 6:00 PM.
_________________________________
Bill Hussey, Mayor
_________________________________
Debra L. Thomas, City Clerk
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AGENDA REPORT
MEETING DATE: June 27, 2023 Council Item
TITLE: Professional Services Agreement Between the City of Grand
Terrace and Lilburn Corporation for Planning Consultant
Services Related to the Proposed Development of a Gas
Station and Convenience Store
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: 1) Approve an Agreement with Lilburn Corporation in the
amount of $44,750.00; and
2) Authorize the City Manager to Execute the Contract,
subject to City Attorney approval as to form.
2030 VISION STATEMENT:
This item supports Goal #1, Ensure Our Fiscal Viability, by ensuring cost recovery for
services as the costs will be borne by the project applicant.
BACKGROUND:
In November of 2021, a potential developer submitted an application to develop and
utilize a currently developed property located at 22505 Barton Road (APN: 1178-011-
07-0000) for a proposed Gas Station and Convenience Store.
The City, as the lead agency, is responsible for the review of the adequacy of
environmental documents through a peer review. Further, the city, as the lead agency,
would also adopt the environmental documents.
DISCUSSION:
A Request for Proposals for Planning Consultant Services for Preparation of an Initial
Study/Mitigated Negative Declaration for the proposed development, was sent to six (6)
Planning consulting firms. The tasks include peer review technical studies and CEQA
documents.
The City received three (3) responses, one from Michael Baker Corporation, one from
Moore, Iacofano and Goltsman, Inc. and another one from Lilburn Corporation. All three
(3) are excellent consultants that demonstrated an understanding of the project and
required services. Lilburn Corporation was the lowest responsible bidder and was
selected. Lilburn Corporation has outstanding experience in producing excellent work
and has the capacity to perform the work while meeting the project’s deadlines. The
cost proposal to perform the services is $44,750.00.
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Attached is a copy of the Proposal submitted by Lilburn Corporation. The proposed
agreement is also attached with the Scope of Work and Cost.
FISCAL IMPACT:
There is no fiscal impact to the city. The Project applicant is responsible for consultant
and staff’s administrative costs related to the agreement for these services.
ATTACHMENTS:
• Contract Services - Lilburn Corporation (DOCX)
• Consultant List - Planning Conultant Services (PDF)
• Proposal for Consultant Services - Lilburn Corporation (PDF)
APPROVALS:
Konrad Bolowich Completed 06/20/2023 2:05 PM
Adrian Guerra Skipped 06/20/2023 3:03 PM
Finance Completed 06/20/2023 3:13 PM
City Manager Completed 06/20/2023 3:18 PM
City Council Pending 06/27/2023 6:00 PM
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01247.0001/514122.2 12/30/2021
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF GRAND TERRACE
and
LILBURN CORPORATION
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AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF GRAND TERRACE AND
LILBURN CORPORATION
This “AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY
OF GRAND TERRACE AND LILBURN CORPORATION” (herein “Agreement”) is made and
entered into this 27th day of June, 2023. by and between the City of Grand Terrace, a California
municipal corporation (“City”) and Lilburn Corporation (“Consultant”). City and Consultant are
sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to
as the “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article 1 of this Agreement, was selected by the City
to perform those services.
C. Pursuant to the City of Grand Terrace Municipal Code, City has authority to enter
into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those
services defined and described particularly in Article 1 of this Agreement and desire that the terms
of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the
Parties and contained herein and other consideration, the value and adequacy of which are hereby
acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide
those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated
herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Consultant represents and
warrants that it has the qualifications, experience, and facilities necessary to properly perform the
services required under this Agreement in a thorough, competent, and professional manner, and is
experienced in performing the work and services contemplated herein. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all services
described herein. Consultant covenants that it shall follow the highest professional standards in
performing the work and services required hereunder and that all materials will be both of good
quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest
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professional standards” shall mean those standards of practice recognized by one or more first-
class firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement
shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in
accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as
may be required by law for the performance of the services required by this Agreement. Consultant
shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties
and interest, which may be imposed by law and arise from or are necessary for the Consultant’s
performance of the services required by this Agreement, and shall indemnify, defend and hold
harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes,
penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant’s risk until written instructions are
received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish
continuous protection to the work, and the equipment, materials, papers, documents, plans, studies
and/or other components thereof to prevent losses or damages, and shall be responsible for all such
damages, to persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City’s own negligence.
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1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all instruments,
prepare all documents and take all actions as may be reasonably necessary to carry out the purposes
of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of
the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or
make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work,
and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written
approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the
Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty
(180) days, may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively, must be approved by the City Council. It is expressly understood by
Consultant that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to
be provided pursuant to the Scope of Services may be more costly or time consuming than
Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.
City may in its sole and absolute discretion have similar work done by other consultants. No
claims for an increase in the Contract Sum or time for performance shall be valid unless the
procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein
by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other
provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for actual
expenses, shall not exceed Forty-Four Thousand Seven Hundred Fifty Dollars and No Cents
($44,750.00) (the “Contract Sum”), unless additional compensation is approved pursuant to
Section 1.8.
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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.
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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:
Martin Derus, President
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(Name) (Title)
Cheryl A. Tubbs, Vice President
(Name) (Title)
Frank Amendola, Treasurer
(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 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.
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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:
(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
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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
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.
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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
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
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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
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
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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.
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
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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
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
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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.
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.
C.3.a
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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.
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
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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
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.
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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.3.a
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01247.0001/514122.2 12/30/2021
-18-
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.3.a
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01247.0001/514122.2 12/30/2021 19
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
CITY:
City of Grand Terrace, a municipal corporation
_____________________________________
_
Konrad Bolowich, City Manager
ATTEST:
____________________________________
_
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Adrian R. Guerra, City Attorney
CONSULTANT:
_____________________________________
_____________________________________
By:
___________________________________
Name: Cheryl A. Tubbs
Title: Vice President
By:
___________________________________
Name: Martin Derus
Title: President
By:
___________________________________
Name: Frank Amendola
Title: Treasurer
Address: 1905 Business Center Drive
San Bernardino, Ca 92408
_____________________________
_
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01247.0001/514122.2 12/30/2021
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.3.a
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01247.0001/514122.2 12/30/2021
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
C.3.a
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01247.0001/514122.2 12/30/2021
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
C.3.a
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01247.0001/514122.2 12/30/2021 B-1
EXHIBIT “A”
SCOPE OF SERVICES
The proposed project includes a convenience store and fueling station known as the “Blue
Mountain” Commercial Corner. The Project Side is located at the southeast corner of Barton
Road and Mt. Vernon Avenue with an address of 22505 Barton Road. A vacant building occupies
the site and would be demolished as part of the project.
The consultant will provide peer review technical studies and CEQA documents including
Categorical Exemptions, Initial Studies/Negative Declarations, and Environmental Impact
Reports.
Services to be provided by consultant shall include, but are not limited to, the following:
[PLEASE EXHIBIT “A-1”]
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01247.0001/514122.2 12/30/2021 B-2
EXHIBIT “A-1”
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01247.0001/514122.2 12/30/2021 B-3
C.3.a
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01247.0001/514122.2 12/30/2021 B-4
C.3.a
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01247.0001/514122.2 12/30/2021 B-5
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01247.0001/514122.2 12/30/2021 B-6
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01247.0001/514122.2 12/30/2021 B-7
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
C.3.a
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01247.0001/514122.2 12/30/2021 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-Four Thousand
Seven Hundred Fifty Dollars and No Cents ($44,750.00) 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.3.a
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01247.0001/514122.2 12/30/2021 C-1
Exhibit C-1
C.3.a
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01247.0001/514122.2 12/30/2021 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. 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.3.a
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Firm Name Address
Applied Planning, Inc.11762 De Palma Road, 1-C 310
MIG 1500 Iowa Avenue, Suite 110
LSA Associates, Inc.1500 Iowa Avenue, Suite 200
Placeworks, Inc.2850 Inland Empire Boulevard, Suite B
Michael Baker International 3900 Kilroy Airport Way
Lilburn Corporation 1905 Business Center Dr S Ste 100
Responses Received - May 2023
MIG
Michael Baker International
Lilburn Corporation
C.3.b
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AGENDA REPORT
MEETING DATE: June 27, 2023 Council Item
TITLE: Approve the Shared Use Agreement by and Between the
City of Grand Terrace and the Grand Terrace Chamber of
Commerce
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: That the City Council Approve the Shared Use Agreement
by and Between the City of Grand Terrace and the Grand
Terrace Chamber of Commerce
2030 VISION STATEMENT:
This staff report supports Goal #4, Develop and Implement Successful Partnerships.
BACKGROUND:
Since 1962, the Grand Terrace Area Chamber of Commerce had promoted the
economic and civic vitality of the City’s community. The Chamber of Commerce
supported the formation of the municipal Advisory Council in 1976 and was instrumental
in the efforts that lead to the incorporation of the City of Grand Terrace in 1978. During
the subsequent years, the City and the Chamber have worked in partnership to build the
economy and enhance the quality of life for the city’s residents.
DISCUSSION:
In May 2023, Grand Terrace Area Chamber of Commerce (Chamber) president,
Claudia Cooley approached City Manager Konrad Bolowich requesting a shared space
in City Hall so that the Chamber could conduct business professionally in a business
setting.
Staff identified a secretarial station that is available for the Chamber’s use and a shared
facility use agreement has been drafted outlining the shared space and its use
(attached). The agreement outlines that the city will provide the Chamber with a
secretarial station, chair, telephone, and access to Wi-Fi. Use of the space on
weekends, City holidays, or days on which City Hall is closed to the public is not
permitted.
Payment for the leased space will be payable at One Dollar ($1.00) per year, payable to
the City within thirty (30) days of the effective date of the agreement. The term of the
agreement will be effective upon the execution by the parties and will expire on June 30,
2024, unless otherwise terminated or extended as provided in the agreement.
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ENVIRONMENTAL IMPACT
None
FISCAL IMPACT:
Other than staff time, there is no cost for preparing the Shared Use Agreement.
Subsequent lease payments collected will be in accordance with the Shared Use
Agreement and there is no negative effect on the approved FY 2023-2024 General
Fund.
ATTACHMENTS:
• (GT) COC Shared Use Agreement 2023 (DOCX)
APPROVALS:
Konrad Bolowich Completed 06/20/2023 1:06 PM
Finance Completed 06/20/2023 2:30 PM
City Manager Completed 06/20/2023 3:19 PM
City Council Pending 06/27/2023 6:00 PM
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01247.0001/887763.2 5/30/2023 1
FACILITY USE AGREEMENT BY AND BETWEEN
THE CITY OF GRAND TERRACE
AND THE GRAND TERRACE CHAMBER OF COMMERCE
This Facility Use Agreement (Agreement) is entered into this day of June ___ 2023, by and
between the City of Grand Terrace (“City”), a municipal corporation, and the Grand Terrace
Chamber of Commerce (“GTCOC”), a 501(c)(6) non-profit organization. The City and GTCOC
are sometimes hereinafter referred to collectively as the "Parties" and each individually as a
"Party." This Agreement contains the entire agreement between the Parties with respect to the
subject-matter of this contract.
RECITALS
WHEREAS, GTCOC, located at 22400 Barton Road #21-306, Grand Terrace, CA 92313,
provides support for businesses located and operating within the City of Grand Terrace, including
advocating for business interests and serving as liaison between the City and business owners; and
WHEREAS, in order to better serve the interests of the business community within the
City and easily integrate services provided by the City to current and potential business owners,
GTCOC wishes to share use of secretarial space within City Hall (“Facility”); and
WHEREAS, the City desires to accommodate GTCOC’s desire to use secretarial space
within the City Hall and provide Secretarial 68 (“Space”), marked on Exhibit A attached hereto,
for shared use; and
WHEREAS, the parties desire to enter into this Facility Use Agreement to permit GTCOC
access and use of the Space for the foregoing reasons, pursuant to the terms and conditions set
forth herein.
NOW THEREFORE, in consideration of the mutual promises, covenants, and
conditions set forth herein, the Parties do hereby mutually agree as follows:
1. TERM OF AGREEMENT
1.1 Term. The term of this Agreement will be effective upon the execution by
the Parties ("Effective Date") and will expire on June 30, 2024, unless otherwise terminated or
extended as provided herein. The term of this Agreement may be adjusted, as necessary, by mutual
written agreement of the Parties in the form of a written Amendment to this Agreement, executed
by authorized representatives of the City and GTCOC.
1.2 Shared Space. As noted on Exhibit A, Secretarial 68 (“Space”) shall be
shared by City and GTCOC. The parties shall reasonably cooperate to establish in writing to set
procedures for the joint use of the Shared Space.
a. Use. Use of Space by GTCOC is limited to five (5) days per week,
seven (7) hours per day, during the hours in which City Hall is open to the public. Use of Space
on the weekends, City holidays, or days on which City Hall is closed to the public is not permitted.
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GTCOC shall vacate the Space and deliver the Space to the City in reasonably good condition at
the end of each day and at the expiration or termination of the Agreement as provided herein.
b. Rent. Rental of Space shall be paid by GTCOC on a weekly basis
commencing on July 1, 2023. Rent will be One Dollar ($1.00) per year. Payment for the first year’s
rent, in the amount of One Dollar ($1.00), will be payable to the City within thirty (30) days of the
effective date of this Agreement. Rent payments shall be made payable to the City of Grand
Terrace, 22795 Barton Rd, Grand Terrace, CA 92313.
1.3 Termination. This Agreement may be terminated by either Party, during
the term of this Agreement, upon thirty (30) days advance written notice, unless all Parties
mutually agree to a lesser period in writing. Notwithstanding the foregoing, the City may suspend
or terminate this Agreement, either in whole or in part, in the event the City requires the Space or
as a result of any emergency, at the sole determination of the City. No written termination notice
is required for this Agreement to expire at the end date of the Agreement term as provided in
paragraph 1.1 above.
1.4 Breach. Notwithstanding any other provision of this Agreement, the failure
of GTCOC or its officers, agents, or employees to comply with the terms of this Agreement or any
written directions by or on behalf of the City of issued pursuant hereto shall constitute a material
breach and this Agreement may be terminated, immediately. The City’s failure to exercise this
right of termination shall not constitute waiver of such right, which may be exercised at any
subsequent time.
2. CITY OF GRAND TERRACE RESPONSIBILITIES
2.1 Availability of Space. For the period set forth in Section 1 above and
subject to the term of this Agreement, the City will provide GTCOC with the use of Space at the
Facility, on the days and times set forth in Exhibit B of this Agreement. In the event that the Space
is not available on a scheduled date, the City will provide suitable substitute space.
2.2 Adequacy. The adequacy of the Space will be determined by the City.
2.3 Maintenance. The City will be responsible for normal maintenance,
utilities, and custodial services to keep the Space in good condition.
2.4 Equipment. The City will provide a secretarial station, chair, telephone and
access to the City’s guest WiFi from the City’s existing, available resources. GTCOC will provide
its own specialized equipment not available through the City for performance under this
Agreement, GTCOC shall be solely responsible for the removal of such equipment by the
termination of this Agreement. The City will allow GTCOC employees reasonable access to the
Space, restrooms, break area, and other services and premises specifically required for
performance of this Agreement. Nothing in this agreement shall be construed to give GTCOC
employees, agents, and/or associates access to non-public areas of the Premises, services,
documents, or information not specifically required for performance of this Agreement."
2.5 Security. The City disclaims and shall not have any obligation to provide
security services for the Space and/or the Facility, including both the interior and exterior of the
Facility.
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3. GRAND TERRACE CHAMBER OF COMMERCE RESPONSIBILITIES
3.1 Purpose and Scope of Utilization. GTCOC will utilize the Space for
meeting with business owners and community members, liaising with City employees, and other
regular tasks performed by the Chamber of Commerce.
a. Use of the Space will be scheduled in accordance with Exhibit B of
this Agreement.
b. GTCOC may utilize the Space as designated in this Agreement. It is
expressly understood that this Agreement does not constitute the conveyance by the City to
GTCOC of any estate or interest in real property.
c. GTCOC certifies and agrees that all persons employed by GTCOC
and/or by the affiliates, subsidiaries, or holding companies thereof are and shall be treated equally
without regard to or because of race, ancestry, national origin, or sex, and in compliance with all
Federal and State laws prohibiting discrimination in employment, including, but not limited to, the
Federal Civil Rights Act of 1964; the Unruh Civil Rights Act; the Cartwright Act; the State Fair
Employment Practices Act; and the Americans with Disabilities Act.
d. GTCOC understands, acknowledges, and agrees that it has inspected
the Facility and Space, including but not limited to the lobby, corridors leading to the Space, and
the restrooms serving the Space. GTCOC accepts the Facility and the Space in their current "as-
is" condition, and further understands, acknowledges, and agrees that Public Works makes no
representation, warranty, or guaranty as to the habitability or suitability of the Space or that such
Space is acceptable or suitable for GTCOC's intended use.
3.2 Space Use Conditions.
GTCOC shall:
a. Utilize the Space at the scheduled dates and times set forth in Exhibit
B of this Agreement.
b. Conduct the permitted activities in a professional manner and
operate without interfering with the City conducting its business or use of its premises. The City
has the right to request GTCOC to remove any agent, servant, or employee who fails to conduct
himself or herself in the manner described herein.
c. To the extent possible, keep the Space provided in a clean and
orderly manner, and at the conclusion of each workday, return the furniture to its original
configuration.
d. Assume the risk of loss, damage, or destruction due to theft, fire,
and casualty of any and all personal property belonging to GTCOC that is located within the
Facility.
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e. Repair any and all damage beyond normal wear and tear to real or
personal property belonging to the City of Grand Terrace when damage arises out of the conduct
of GTCOC's activities at the Facility.
f. Make no alterations or improvements to the Space provided for the
conduct of the Agreement.
g. Allow the City’s authorized representatives to enter the Space
provided at any time for the purpose of determining whether GTCOC activities are being
conducted in compliance with the terms of this Agreement.
h. Shall not use the Premises or permit anything to be done in or about
the Premises which will in any way conflict with any law, statue, ordinance or other governmental
rule or regulation now in force or which may hereinafter be enacted or promulgated. GTCOC shall,
at its sole cost and expense, promptly comply with all laws, statutes, ordinances and other
governmental rules, regulations or requirements now in force or which may hereinafter be enacted
or promulgated, relating to, or affecting GTCOC 's use or occupancy of the Space. The judgment
of a court of competent jurisdiction or the admission by GTCOC in any action against GTCOC,
whether City be a party thereto or not, that GTCOC has violated any law, statute, ordinance or any
other governmental rule or regulation shall be conclusive of that fact as between City and GTCOC.
4. INDEPENDENT CONTRACTORS
4.1 This Agreement by and between the City and GTCOC is for the use of
Space only and is not intended and shall not be construed to create the relationship of agent,
servant, employee, partnership, joint venture or association as between the City and GTCOC.
4.2 GTCOC understands and agrees that all GTCOC staff arranged by GTCOC
to furnish services pursuant to this Agreement at the Facility are, for purposes of Workers’
Compensation liability, employees solely of GTCOC and not of the City of Grand Terrace.
GTCOC shall bear the sole responsibility and liability for furnishing Workers’ Compensation
benefits to any GTCOC agent or employee for injuries arising from or connected with services
performed on behalf of GTCOC pursuant to the Agreement. Any injury to GTCOC agents or
employees while at City Hall shall be reported to the designated representative of the City. The
City is not responsible for providing compensation to GTCOC staff for providing GTCOC services
under this Agreement.
5. INSURANCE AND INDEMNIFICATION.
5.1 Insurance. GTCOC shall procure and maintain, at its sole cost and
expense, in a form and content satisfactory to City during the entire Term, and any extension
thereof, the following policies of insurance:
a. Personal Property Insurance. Throughout the Term of this
Agreement, and any extensions thereof, GTCOC shall, at its sole cost and expense, maintain fire
and extended coverage insurance written on a per occurrence basis on its trade fixtures, equipment,
personal property and inventory within the Space and Facility from loss or damage to the extent
of their full replacement value.
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b. Property Insurance. Prior to commencement of construction of
GTCOC improvements and betterments, or installation of equipment, GTCOC shall obtain and
maintain insurance on GTCOC’s improvements and betterments. Policy shall be provided for
replacement value on an "all risk" basis. There shall be no coinsurance penalty provision in any
such policy.
c. Commercial General Liability Insurance. Throughout the term
hereof, at GTCOC’s sole cost and expense, GTCOC shall keep or cause to be kept in full force
and effect, for the mutual benefit of City and GTCOC, comprehensive broad form commercial
general public liability insurance with coverage at least a broad as Insurance Services Office form
CG 00 01, in an amount not less than One Million Dollars ($1,000,000) per occurrence, Two
Million Dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property
damage arising from the use, occupancy, disuse, or condition of the Agreement Premises,
improvement, adjoining areas or ways, including without limitation, blanket contractual liability.
d. Worker's Compensation Insurance. If applicable, GTCOC shall,
at its sole cost and expense, maintain a policy of Worker's Compensation Insurance in such amount
as will fully comply with the laws of the State of California.
e. Policy Form, Contents, and Insurer. All insurance required by
express provision of this Agreement shall be carried only in responsible insurance companies
licensed to do business in the State of California. All such policies shall contain language to the
effect that: (1) the policies are primary and noncontributing with any insurance that may be carried
by City; (2) they cannot be canceled or materially altered except after thirty (30) days’ notice by
the insurer to City; and (3) shall list City, its officers, agents and employees as additional insureds.
The insurers shall waive all rights of contribution they may have against the City, its officers,
employees and agents and their respective insurers. Prior to the commencement date of this
Agreement, GTCOC shall provide City with certificates of insurance or appropriate insurance
binders together with full copy of the policies evidencing the above insurance coverages written
by insurance companies with an assigned policyholders’ Rating of A- (or higher) and Financial
Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating
Guide. In the event any of said policies of insurance are cancelled or expire, GTCOC shall, prior
to the cancellation or expiration date, submit new evidence of insurance in conformance with this
Section to the City. GTCOC may effect for its own account any insurance not required under this
Agreement.
f. Failure to Maintain Insurance, Proof of Compliance. If GTCOC
fails or refuses to procure or maintain insurance required by this Agreement, or fails or refuses to
furnish City with required proof that the insurance has been procured and is in full force and paid
for, City shall have the right but not the obligation, at City’s election and on five (5) days’ notice,
to procure and maintain such insurance. The premiums paid by City shall be treated as added rent
due from GTCOC with interest at the rate of ten percent (10%) per year or the maximum allowable
legal rate in effect in the State of California on the date when the premium is paid, whichever is
higher, to be paid on the first day of the month following the date on which the premium was paid.
City shall give prompt notice of the payment of such premiums, stating the amounts paid and the
names of the insurer or insurers, and interest shall run from the day of the notice. Notwithstanding
that City may secure policies under this Section, the failure of GTCOC to obtain and maintain
insurance under this Agreement shall also constitute a material default by GTCOC.
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g. Proof of Insurance. GTCOC shall provide evidence of its insurance
programs to the City of Grand Terrace upon execution of this Agreement and also at any other
time upon request. Certificates and copies of any required endorsements shall be sent to:
Konrad Bolowich
City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313
Phone: (909) 954-5175
Email: kbolowich@grandterrace-ca.gov
h. Reporting Requirements. GTCOC shall report to the City any
accident or incident relating to the activities performed under this Agreement, which involves
injury or property damages which might reasonably be thought to result in the filing of a claim or
lawsuit against GTCOC or the City. Such report shall be made in writing within seventy-two (72)
hours of GTCOC’s knowledge of such occurrence.
5.2 Indemnification. GTCOC shall defend, indemnify, and hold City harmless
from, and reimburse City for, any loss, cost, expense, liability, or damages of every kind or nature,
including but not limited to injury to or death of any person or destruction of the Premises in
connection with or related to, the use by GTCOC or any third party (including officers, directors,
employees and invitees) of the Space or any facilities located thereon in connection with the
business being conducted by GTCOC. In addition, GTCOC shall defend, indemnify, and hold
City harmless from any breach or default in the performance of any obligation to be performed by
GTCOC under this Agreement; any violation of governmental law or regulation, or any intentional
misconduct or negligence of GTCOC, or any officer, agent, employee, guest, or invitee of
GTCOC, regardless of whether such intentional misconduct or negligence was active or passive.
In the event of the occurrence of any event which is an indemnifiable event pursuant to this
Section, GTCOC shall notify City promptly and, if such event involves the claim of any third
person, GTCOC shall assume all expenses with respect to, the defense, settlement, adjustment, or
compromise of any claim. Provided that City may, if it so desires, employ counsel at its own
expense to assist in the handling of such claim, GTCOC shall obtain the prior written approval of
City, which shall not be unreasonably withheld, before entering into any settlement, adjustment or
compromise of such claim. GTCOC shall reimburse City or any third party (including officers,
directors, and employees of the City) for any legal expenses and costs incurred in connection with
or in enforcing the indemnity herein provided. All indemnification obligations hereunder shall
survive the expiration or earlier termination of this Agreement. Notwithstanding the generality of
the foregoing, the GTCOC’s obligation to indemnify the City shall not extend to liability caused
by the negligence or willful misconduct of the City, its officers, employees or agent in the Facility,
or events or activities conducted by City.
6. ADDITIONAL TERMS AND CONDITIONS
6.1 This Agreement contains all the terms and conditions agreed upon by the
Parties thereto. No addition to or alteration of the terms of this Agreement, whether by written or
verbal understanding of the Parties, their officers, agents, or employees shall be valid unless made
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in the form of a written amendment to this Agreement and formally approved and executed by the
Parties.
6.2 This Agreement shall be governed by, and construed in accordance with,
the laws of the State of California. GTCOC agrees to the exclusive jurisdiction of the courts of the
State of California for all purposes regarding this Agreement and further agrees that venue, if any
action is brought hereunder, shall be exclusively in San Bernardino County, California.
6.3 If any provision of this Agreement or the application thereof to any person
or circumstance is held invalid, the remainder of this Agreement and the application of such
provision to other persons or circumstances shall not be affected thereby.
6.4 GTCOC represents and warrants that the person executing this Agreement
for GTCOC is an authorized agent who has actual authority to bind the GTCOC to each and every
term, condition, and obligation of this Agreement and that all requirements of the GTCOC have
been fulfilled to provide such actual authority.
7. NOTICES
7.1 Any notices required to be given to either party under the terms of this
Agreement shall be addressed as follows:
City of Grand Terrace: City of Grand Terrace
Attention: Konrad Bolowich
22795 Barton Road
Grand Terrace, CA 92313
Phone: (909) 954-5175
Email: kbolowich@grandterrace-ca.gov
GTCOC: Grand Terrace Chamber of Commerce
Attention: Claudia Cooley
22400 Barton Road, #21-306
Grand Terrace, CA 92313
Phone: (951) 321-9337
Email: toignitehealth@gmail.com
8. WAIVER
8.1 No waiver of a breach of any provision of the Agreement by the City shall
constitute waiver of any other breach of said provision or of any other provision of the Agreement.
Failure of either party to enforce at any time, or from time to time, any provision of the Agreement
shall not be construed as a waiver thereof. No waiver shall be enforced unless said waiver is set
forth in writing.
[SIGNATURES ON THE FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
CITY:
City of Grand Terrace, a municipal corporation
_____________________________________
Konrad Bolowich, City Manager
ATTEST:
__________________________________
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
__________________________________
Adrian R. Guerra, City Attorney
CTGOG:
Grand Terrace Chamber of Commerce, a
501(c)(6) non-profit organization
By: ___________________________________
Name: Claudia Cooley
Title: President
By: ___________________________________
Name: Cynthia Cruz
Title: Secretary
Address: 22400 Barton Road #21-306
Grand Terrace, CA 92313
______________________________
Two corporate officer signatures required when Consultant is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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01247.0001/887763.2 5/30/2023
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.
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01247.0001/887763.2 5/30/2023
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.
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EXHIBIT A
DIAGRAM OF SPACE WITHIN FACILITY
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EXHIBIT B
SCHEDULE OF SHARED USE
GRAND TERRACE
CHAMBER OF
COMMERCE ACCESS TO
SPACE:
CITY OF GRAND
TERRACE ACCESS TO
SPACE:
MONDAY 8:00 AM – 3:00 PM 3:00 PM – 8:00 AM or when
otherwise needed for City use
in accordance with this
Agreement; City’s authorized
representatives may enter the
Space provided at any time for
the purpose of determining
whether GTCOC activities are
being conducted in
compliance with the terms of
this Agreement.
TUESDAY 8:00 AM – 3:00 PM 3:00 PM – 8:00 AM or when
otherwise needed for City use
in accordance with this
Agreement; City’s authorized
representatives may enter the
Space provided at any time for
the purpose of determining
whether GTCOC activities are
being conducted in
compliance with the terms of
this Agreement.
WEDNESDAY 8:00 AM – 3:00 PM 3:00 PM – 8:00 AM or when
otherwise needed for City use
in accordance with this
Agreement; City’s authorized
representatives may enter the
Space provided at any time for
the purpose of determining
whether GTCOC activities are
being conducted in
compliance with the terms of
this Agreement.
THURSDAY 8:00 AM – 3:00 PM 3:00 PM – 8:00 AM or when
otherwise needed for City use
in accordance with this
Agreement; City’s authorized
representatives may enter the
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Space provided at any time for
the purpose of determining
whether GTCOC activities are
being conducted in
compliance with the terms of
this Agreement.
FRIDAY 8:00 AM – 3:00 PM 3:00 PM – 8:00 AM or when
otherwise needed for City use
in accordance with this
Agreement; City’s authorized
representatives may enter the
Space provided at any time for
the purpose of determining
whether GTCOC activities are
being conducted in
compliance with the terms of
this Agreement.
SATURDAY NO ACCESS PERMITTED CITY HAS EXCLUSIVE
USE
SUNDAY NO ACCESS PERMITTED CITY HAS EXCLUSIVE
USE
HOLIDAYS, CITY HALL
CLOSURES
NO ACCESS PERMITTED CITY HAS EXCLUSIVE
USE
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AGENDA REPORT
MEETING DATE: June 27, 2023 Council Item
TITLE: Introduce for Second Reading by Title Only, with Further
Reading Waived, and Adopt an Ordinance Amending
Municipal Code 15.18.010 - Adoption of the 2022 California
Fire Code
PRESENTED BY: Luis Gardea, Building Official
RECOMMENDATION: Introduce for second reading by title only, with further
reading waived, and adopt AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF GRAND TERRACE,
CALIFORNIA, ADOPTING BY REFERENCE THE 2022
CALIFORNIA FIRE CODE AS AMENDED BY SAN
BERNARDINO COUNTY FIRE PROTECTION DISTRICT
ORDINANCE NO. 23-01 AND REPEALING AND
REPLACING GRAND TERRACE MUNICIPAL CODE
CHAPTER 15.18 IN ITS ENTIRETY TO INCORPORATE THE
NEW CODE AS AMENDED
2030 VISION STATEMENT:
This staff report supports Goal #2, Maintain Public Safety and Goal #3, Promote
Economic Development by updating the zoning and development codes.
BACKGROUND:
The City of Grand Terrace currently enforces the 2019 California Fire Code as amended
and provided by San Bernardino County Fire Protection District Ordinance No. 20-01.
Every three years the California Building Codes, including the Fire Code, are updated
as recommended by the International Code Council (ICC), the National Fire Protection
Association (NFPA), and amended by the California Building Standards Commission
and local amendments. The City of Grand Terrace currently contracts with the San
Bernardino County Fire Protection District to provide Fire Prevention and Engineering
Services to the City.
On February 28, 2023, the Board of Directors for the San Bernardino County Fire
Protection District (SBCFPD) adopted Ordinance No. FPD 23-01 (“Ordinance”). The
Ordinance adopts the San Bernardino County Fire Protection District Fire Code, which
adopts by reference the 2022 Edition of the California Fire Code, along with certain
changes, modifications, amendments, additions, deletions, and exceptions to the 2022
Edition of the California Fire Code, relating to fire regulations. An amendment to Grand
Terrace Municipal Code (GTMC) 15.18.010 repealing the 2019 California Fire Code and
FPD 20-01 and adopting of the 2022 California Fire Code as amended by FPD
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Ordinance 23-01 must take place in order for the city to adopt and enforce the most up
to date Fire Code.
DISCUSSION:
Staff requests that the City Council adopt by title only with further reading waived
Ordinance No. 349 repealing and replacing GTMC 15.18.010, repealing the 2019
California Fire Code and FPD 20-01 whilst adopting the 2022 California Fire Code and
FPD Ordinance 23-01.
ECONOMIC IMPACT:
There is no fiscal impact associated with the adoption of this Ordinance. Adoption of the
proposed code amendment will continue saving residents and businesses hundreds of
thousands of dollars in monetary loss caused by a fire including any associated indirect
costs caused by such incident.
SAFETY IMPACT:
The proposed amendment will continue maintaining life safety by preventing fires in
occupied buildings.
RECOMMENDATION:
Based upon the forgoing, Staff therefore recommends that the City Council adopt, with
further reading waived Ordinance No. 349 repealing and replacing GTMC 15.18.010
repealing the 2019 California Fire Code and FPD 20-01 whilst adopting the 2022
California Fire Code and FPD Ordinance 23-01 in their entirety.
ATTACHMENTS:
• Draft Ordinance SBCFPD Fire Code 2022 (PDF)
• (GT) Ordinance Adopting County Fire District Ordinance 23-01, 2022 Fire Code
Update (DOCX)
APPROVALS:
Luis Gardea Completed 06/16/2023 12:02 PM
City Attorney Completed 06/21/2023 10:22 AM
City Manager Completed 06/16/2023 4:31 PM
City Council Pending 06/27/2023 6:00 PM
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ORDINANCE NO. _________
An ordinance of the Board of Directors of the San
Bernardino County Fire Protection District, State of
California, t o repeal San Bernardino County Fire
Protection District Ordinance No. FPD 20-01 and to
adopt the San Bernardino County Fire Protection District
Fire Code, which adopts by reference the 2022 Edition of
the California Fire Code, along with certain changes,
modifications, amendments, additions, deletions, and
exceptions to the 2022 Edition of the California Fire Code,
relating to fire regulations.
The Board of Directors of the San Bernardino County Fire Protection District, State
of California, ordains as follows:
SECTION 1. Ordinance No. FPD 20-01 is repealed.
SECTION 2. This ordinance is hereby adopted as the San Bernardino County Fire
Protection District Fire Code, to read:
SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT
FIRE CODE
Sections:
1. Findings, Adoption, and Applicability.
2. Amendments to the 2022 California Fire Code.
3. Reserved.
4. Referenced Standards.
5. Conflicting Provisions.
6. Validity and Severability.
7. No Liability or Warranty.
8. Authority - General.
9. Authority at Fires and Other Emergencies.
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10. Authority to Inspect, Issue Notices and Administrative Citations or
Abate a Hazardous Condition.
11. Closure of Public and Private Lands.
12. Interference Unlawful.
13. Official Records.
14. Permits Required.
15. Fees.
16. Applications and Permits – Abandonment, Period of Validity,
Expiration and Extensions.
17. Permits not Transferable.
18. Permit Revocation.
19. Operation or Construction Without a Permit or With an Expired or
Revoked Permit.
20. Issuance of Stop Work Orders.
21. Failure to Comply with a Stop Work Order.
22. Service of Notices and Orders.
23. Tampering with Notices, Orders or Seals Unlawful.
24. Overcrowding Unlawful.
25. Obstructed Egress Unlawful.
26. Open Fires and Other Outdoor Fires.
27. Explosives, Fireworks, Pyrotechnics, Rockets and Rocket Motors.
28. Prohibited Storage of Flammable and Combustible Liquids.
29. Prohibited Bulk Storage of Liquefied Petroleum Gases.
30. Prohibited Storage of Flammable Cryogenic Fluids.
31. Transport Vehicles and Trailers Storing Hazardous Materials.
32. Shared Emergency and Fire Apparatus Access Roads.
33. Violations - General.
34. Continuing Violations.
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35. Acts Including Causing, Aiding and Abetting.
36. Enforcement – Purpose and Remedies.
37. Enforcement Remedies and Penalties are Cumulative and
Discretionary; Not Exclusive.
38. Criminal Actions.
39. Authority to Investigate, Detain, Issue Criminal Citations and Arrest.
40. Civil Actions.
41. Administrative Citations and Penalties - General.
42. Administrative Citations and Penalties – Dangerous Fireworks and
Unlawful Use of Safe & Sane Fireworks.
43. Administrative Penalties – Egregious Violations.
44. Administrative Remedies and Penalties For Nuisance Fire Alarms.
45. Appeal of Administrative Citations.
46. Recording of a Notice of Pendency.
47. Filing Notice of Action.
48. Public Nuisance Abatement of Fire Hazards.
49. Board of Appeals – Code Application and Interpretations.
50. Cost Recovery.
51. Treble Damages.
1. Findings, Adoption, and Applicability.
(a) FINDINGS. The Board of Directors of the San Bernardino County Fire
Protection District hereby finds as follows:
(1) The California Fire Code, 2022 Edition, adopts and amends
portions of the 2021 International Fire Code, which International Code is nationally
recognized compilations of proposed rules, regulations, and standards of the
International Code Council, Inc.
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(2) That said California Fire Code, which includes the portions of the
International Fire Code that have been adopted and amended by the State of
California, has been printed and published as a code in book form within the meaning of
Section 50022.2 et seq. of the California Government Code. That said California Fire
Code and the International Fire Code have been printed and published as a code in book
form within the meaning of Section 50022.2 et seq. of the California Government Code.
(3) That the sections and subsections of said California Fire Code and
the International Fire Code may be referred to by the number used in said published
compilation preceded by the words “California Fire Code Section,” “Fire Code Section” or
“Subsection” and may also be referred to by additional reference to the Ordinances of the
San Bernardino County Fire Protection District and sections therein pertaining to said
California Fire Code and International Fire Code.
(4) That California Health and Safety Code Section 13869 et seq.
provides, in pertinent part, that a Fire Protection District may make such changes or
modifications to the provisions published in the California Building Standards Code and
other regulations adopted pursuant to Section 17922 as it determines are reasonably
necessary because of local climatic, geological and topographical conditions.
(5) That the additional requirements and standards established herein
are needed to properly protect the health, safety, and welfare of the existing and future
residents, workers and visitors of the San Bernardino County Fire Protection District. Said
additional requirements and standards are reasonably necessary because of local
climatic, geological, and topographical conditions described herein. The finding in this
subsection (a)(5) is based upon the express findings and determinations on the proposed
amendments to the Code identified herein and on file with the Building Standards
Commission.
(6) Local Climatic Conditions.
(A) The District is subject to extremely strong winds, commonly
known as “Santa Ana Winds” which can reach speeds in excess of 90 miles per hour.
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Extensive damage frequently accompanies these winds, such as blowing sand and
debris, downed power lines, fallen trees, overturned vehicles and structural damage to
buildings. These conditions result in increased demand for fire services, blocked or
delayed emergency vehicle access and impaired water supplies and building emergency
systems.
(B) During the summer months, the Santa Ana Winds produce
periods of extremely low humidity, thereby reducing the fuels moisture and increasing the
possibility and severity of fire from dry vegetation and other common combustibles.
(C) During the summer months, much of the District experiences
prolonged periods of temperatures in excess of 100°F. When coupled with sustained
severe Santa Ana Winds, an increase in the threat from rapidly moving wildfires exists.
(D) During the winter months, heavy rains routinely cause
damage to roadways rendering them completely impassible, or with limited access,
sometimes for extended periods.
(E) During winter months, heavy snow and ice conditions exist in
the mountain areas resulting in increased demand for fire services and limiting or delaying
emergency vehicle access. In some cases, emergency vehicle access roads are
completely impassible, or have limited access, sometimes for extended periods.
(7) Local Geological Conditions.
(A) The District is subject to moderately strong to severe shaking
and surface ruptures resulting from numerous known earthquake faults located
throughout the District. These local earthquake faults have the potential to cause severe
personal and property damage, utility interruptions, fire hazards and hazardous materials
releases. Additionally, significant roadway, bridge structure, water supply and
communications systems are subject to failure, thereby causing a detriment to emergency
services response.
(B) Unstable slopes in several areas throughout the District have
experienced soil movement as a result of heavy or soaking rains, resulting in damage to
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roadways, structures and utilities.
(C) Some desert areas of the District have limited aquifers,
exceptionally deep aquifers or aquifers providing only brackish or contaminated water
supplies. This limits, or in some cases eliminates, water supplies available for firefighting
purposes.
(D) The District has many areas with rich deposits of minerals
resulting in the presence of many subsurface and strip mining operations. These
operations pose special problems due to confined access and large quantities of fuels
and explosive materials.
(8) Local Topographical Conditions.
(A) The District encompasses an exceptionally large
geographical area with limited access routes connecting valley, mountain and desert
areas. This distance, combined with these limited access routes, results in delays in the
reallocation of resources to emergency scenes.
(B) The topography of the District is exceptionally diverse,
ranging from relatively flat desert and valley areas, to foothill areas, canyon areas and
steep mountainous areas. This results in some areas that are inaccessible to radio
communications, which hampers emergency response capabilities.
(C) The large geographical area and diverse topography of the
District results in numerous water purveyors and water pressure zones throughout the
response areas. This results in many areas having limited, unreliable or unavailable water
supplies available for firefighting purposes.
(D) The District is traversed by several State and Interstate
highways, which provide for limited under or over crossing access points for emergency
vehicles to cross to adjacent areas. These highways also restrict the ability of the local
water supply grids to provide water from multiple points to all areas and necessitates the
use of dead-end water mains in many areas adjacent the highways.
(E) The District is traversed by two major active railroad main rail
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systems. These rail systems are used for both commuter and large freight trains, including
the transportation of large quantities of hazardous materials. These rails provide for
limited under or over crossing access points for emergency vehicles to cross to adjacent
areas. Emergency vehicles experience frequent delays at grade crossings until
passenger and/or lengthy freight trains clear the grade crossings.
(F) Due to the size and topography of the District, it is traversed
by several high voltage electrical transmission lines which cross over inaccessible desert
and foothill brush-covered areas, as well as and heavily forested steep mountain areas.
High winds have caused damage to these lines, resulting in vegetation fires. Access to
many of these areas is unavailable to vehicles, making response to these fires unusually
difficult.
(G) Several large, high-pressure natural gas transmission lines
traverse the District to transport natural gas at pressures exceeding 500 p.s.i. These lines
pass through, under or over steep terrain and wildfire prone areas and are also subject
to damage due to flooding or seismic events.
(H) Several large petroleum product pipelines cross the District to
transport large quantities of gasoline, diesel fuel and jet fuels under extremely high
pressures. While generally underground, these pipelines pass through, under or over
steep terrain and wildfire prone areas and overhead at several overpasses located over
thoroughfares and waterways. Damage to these pipelines has been experienced during
rail accidents and flooding conditions. Additionally, these pipelines and their pumping and
valve stations are subject to damage from seismic events.
(9) These local climatic, geological and topographical conditions found
herein together present increased hazard potentials that create a reasonable necessity
for the San Bernardino County Fire Protection District to establish more restrictive building
and fire protection standards, as well as to prevent and discourage egregious and other
fire safety violations where the public is at higher risk.
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(b) ADOPTION OF THE 2022 CALIFORNIA FIRE CODE. The Board of
Directors of the San Bernardino County Fire Protection District hereby adopts the 2022
Edition of the California Fire Code (sometimes referred to herein as 2022 California Fire
Code, California Fire Code, or CFC), also known as Part 9 of Title 24 of the California Code
of Regulations (which California Fire Code adopts and amends portions of the 2021
International Fire Code), and Appendices as compiled and published by the International
Code Council. The 2022 Edition of the California Fire Code is on file with the Secretary of
the Board.
(c) APPLICABILITY. The provisions of the CFC, subsequent amendments,
California Fire Code Appendices, and referenced standards shall be collectively known
as the San Bernardino County Fire Protection District Fire Code. The San Bernardino
County Fire Protection District Fire Code shall be applicable in all areas of San Bernardino
County within the San Bernardino County Fire Protection District, or in any political
subdivision or district that contracts with the San Bernardino County Fire Protection
District for fire protection and prevention services, and in those other cities, towns and
districts that ratify this ordinance pursuant to California Health and Safety Code section
13869.7.
2. Amendments to the 2022 California Fire Code
The 2022 California Fire Code, also known as Part 9 of Title 24 of the California
Code of Regulations, is hereby amended as follows:
(a) The following sections of Chapter 1 of the San Bernardino County Fire
Protection District Fire Code are added or amended, as follows:
(1) Section 105.5.4A is added to the San Bernardino County Fire
Protection District Fire Code, to read:
105.5.4A Battery and other energy storage systems. An operational permit is
required for a battery system or electrical energy storage system as regulated by section
1207 of the California Fire Code.
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Exception: This Section does not apply to systems in R-3
occupancies.
(2) Section 105.5.17A is added to the San Bernardino County Fire
Protection District Fire Code, to read:
105.5.17A Fixed hood and duct extinguishing systems. An operational permit
is required to utilize commercial cooking appliances, as defined in Section 606, with a
Type I hood and an automatic fire extinguishing system as required by section 904.13.
(3) Section 105.5.34 of the California Fire Code is amended, to read:
105.5.34 Open Fires. An operational permit is required for the kindling or
maintaining of an open fire as defined in Section 202, on any public street, alley, road, or
other public or private ground, in accordance with Section 26.
Exception: Recreational fires and barbecues fueled solely by LP-
gas or natural gas.
(4) Section 105.5.36 of the California Fire Code is amended, to read:
105.5.36. Open flames in assemblies. An operational permit is required to use
open flames in connection with assembly areas, dining areas of restaurants or drinking
establishments.
Exception: Candles and small-open flame decorative devices in
accordance with Section 308.
(5) Section 105.5.38 of the California Fire Code is amended, to read:
105.5.38 Outdoor assemblies. An operational permit is required to conduct an
outdoor assembly, temporary use or other special event where planned attendance
exceeds 200 persons per day.
(6) Section 105.5.38A is added to the San Bernardino County Fire
Protection District Fire Code, to read:
105.5.38A Pallet Yards. An operational permit is required to store combustible
pallets at pallet manufacturing and/or recycling facilities.
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(7) Section 105.5.51 of the California Fire Code is amended, to read:
105.5.51 Waste handling and wrecking yards. An operational permit is required
for the operation of automobile wrecking yards, junk yards, combustible waste material or
combustible recycled material handling facilities.
(8) Section 105.5.52 of the California Fire Code is amended, to read:
105.5.52 Wood, manure and organic product storage. An operational permit is
required to store or process wood chips, hogged material, lumber, plywood, manure,
compost or other combustible organic products in excess of 200 cubic feet (6 m3).
(9) Section 105.6.3A is added to the San Bernardino County Fire
Protection District Fire Code, to read:
105.6.3A Dust Collection Systems. A construction permit is required for the
installation or modification of Dust Collection System as regulated by Chapter 22.
(10) Section 105.6.3B is added to the San Bernardino County Fire
Protection District Fire Code, to read:
105.6.3B Electrified Security Fence. A construction permit is required for
installation of or modification to an electrified security fence. Maintenance performed in
accordance with this code is not considered to be a modification and does not require a
permit.
(11) Section 105.6.17 is added to the San Bernardino County Fire
Protection District Fire Code, to read:
105.6.17 Plant Extraction Systems. A construction permit is required for
installation of or modification to plant extraction systems. Maintenance performed in
accordance with this Code is not considered to be a modification and does not require a
permit.
(12) Section 105.6.18 is added to the San Bernardino County Fire
Protection District Fire Code, to read:
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105.6.18 Private Fire Hydrants. A construction permit is required for installation
of or modification to private fire hydrants. Maintenance performed in accordance with this
Code is not considered to be a modification and does not require a permit.
(13) Section 105.6.18A is added to the San Bernardino County Fire
Protection District Fire Code, to read:
105.6.18A Refrigeration Unit or System. A construction permit is required to
install or modify a mechanical refrigeration unit or system regulated by Section 605.
(14) Section 105.6.19 is added to the San Bernardino County Fire
Protection District Fire Code, to read:
105.6.19 Smoke Control or Smoke Exhaust Systems. Construction permits are
required for installation of or alteration to smoke control or smoke exhaust systems.
Maintenance performed in accordance with this code is not considered to be an alteration
and does not require a permit.
(b) The following definitions in Chapter 2, Section 202 of the California Fire
Code are amended, by adding or amending the following definitions, as follows:
AGRICULTURAL BURNING. The open burning of waste vegetation produced by
the growing or harvesting of crops in agricultural operation.
ALL WEATHER DRIVING SURFACE. Concrete, asphalt, or any other surface,
as determined by a qualified engineer licensed by the State of California, to adequately
support the imposed load of a fire apparatus and meets the intent of this Code.
BARBECUE GRILL. (Also known as a barbeque or BBQ). A portable or fixed
device, constructed of non-combustible material, for the primary purpose of cooking food
over a liquefied petroleum-, natural gas-, wood- or charcoal-fueled fire.
BARBECUE PIT. A trench or depression in the ground in which wood or other
clean solid fuel is burned to produce a bed of hot coals for the sole purpose of cooking.
BONFIRE. An outdoor open fire having a total fuel area greater than 3 feet in
width, length or diameter or 2 feet in height, and is used for pleasure, religious,
ceremonial, cooking, warmth or other similar purposes.
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DEPARTMENT. Department includes the San Bernardino County Fire Protection
District and any other recognized fire department or agency.
DISTRICT. The San Bernardino County Fire Protection District.
DRIVEWAY. A privately owned, vehicular access road having a minimum
unobstructed width of 12 feet (3658 mm) that serves no more than two Group R, Division
3 or accessory Group U occupancies.
FIRE CHIEF/FIRE WARDEN. The chief officer of the San Bernardino County Fire
Protection District, or a duly authorized representative.
FIRE CODE OFFICIAL. The Fire Chief/Fire Warden of the San Bernardino County
Fire Protection District or a duly authorized representative charged with the administration
and enforcement of this Code.
OPEN BURNING. Opening burning shall have the same meaning as Open Fire
as defined in this Section.
OPEN FIRE. Any outdoor fire including the open burning of a solid fuel, such as
a barbecue grill, barbecue pit, bonfire, recreational fire, agricultural burning or residential
burning, wherein products of combustion are emitted directly into the ambient air without
passing through a stack or chimney from an enclosed chamber, as regulated by Section
26 of this Code. Open burning does not include road flares, smudge pots, and other
similar devices associated with safety or occupational uses or the use of portable
outdoor fireplaces or outdoor ovens.
PERSON. Individuals, businesses, general partnerships, limited partnerships,
joint ventures, corporations, trust, concern, organization, state and local government
entities, heirs, executors, administrators, receivers, or assigns, agents of the aforesaid,
and every other legal entity or association having legal obligations subject to the
provisions of this Code.
PORTABLE OUTDOOR FIREPLACE. A portable, outdoor, solid-, liquid-, or gas
fuel burning fireplace constructed of steel, concrete, clay or other non-combustible
materials and specifically designed for the containment of fire. A portable outdoor
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fireplace may have an open design or may have a small hearth opening with a short
chimney or opening in the top.
RECREATIONAL FIRE. An outdoor open fire burning clean materials other than
rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace,
portable outdoor fireplace, barbecue grill or barbecue pit, and has a total fuel area equal
to or less than 3 feet in width, length or diameter and 2 feet in height for pleasure, religious,
ceremonial, cooking, warmth or other, similar purposes. Recreational fires also include
any campfire or fire ring.
RESIDENTIAL BURNING. The open burning of waste vegetation, tree and yard
trimmings or similar for disposal on residential privately-owned property. For the
purposes of this Code, Residential Burning shall also include the burning of similar items
at commercial properties and on vacant properties.
STAND ALONE RESIDENTIAL AUTOMATIC SPRINKLER SYSTEM. An
approved fire sprinkler system, that conforms to Section 903.3.1.1. 903.3.1.2, or 903.3.1.3
of this Code, NFPA standards 13 R or 13 D, and San Bernardino County Fire Protection
District Fire Prevention Standards, and is supplied by a water source independent from a
municipal water distribution system.
WILDFIRE RISK AREA. Land that is covered with flammable/combustible
vegetation, whether privately or publicly owned, which is so situated or is of such
inaccessible location that a fire originating upon it would present an abnormally difficult
job of suppression or would result in great or unusual damage through fire. For the
purposes of this Code, the following areas shall be a Wildfire Risk Area: (1) any land
located within a Fire Safety Overlay or Fire Hazard Overlay as identified in the San
Bernardino County Development Code or in the ordinances or municipal code of an
incorporated City within the District; (2) a Very High Fire Hazard Severity Zone as
designated by the California Department of Forestry and Fire Protection (Cal FIRE,); or
(3) a No Fireworks Zone.
(c) The following sections of Chapter 3 of the San Bernardino County Fire
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Protection District Fire Code are added or amended, as follows:
(1) Section 305.3 is added to the San Bernardino County Fire Protection
District Fire Code, to read:
305.3 Open-flame warning devices. Open-flame warning devices shall not be
used along an excavation, road or any other place where the dislodgment of such device
may permit the device to roll, fall or slide onto any area or land containing combustible
materials.
Exception: This section shall not apply to public safety personnel
acting in the performance of their duties.
(2) Section 305.6 is added to the San Bernardino County Fire Protection
District Fire Code, to read:
305.6 Spark arrestors. Each chimney used in conjunction with a fireplace,
portable outdoor fireplace, or other heating appliance in which solid fuel is burned, shall
be maintained with an approved spark arrester. The spark arrester shall have heat and
corrosion resistance equivalent to 12-gauge wire, 19-gauge galvanized wire or 24-gauge
stainless steel. Openings shall not permit the passage of spheres having a diameter
larger than one-half inch (13 mm) maximum and shall not block the passage of spheres
having a diameter of less than three-eighths inch (10 mm). The screen shall be mounted
in or over all outside flue openings in a vertical or near vertical position, adequately
supported to prevent movement and shall be visible from the ground. All spark arrestors
shall be accessible and removable for cleaning.
(3) Section 308.1 is added to the San Bernardino County Fire Protection
District Fire Code, to read:
308.1 General. Notwithstanding any other provision of this Code, open flames,
fire and burning on all premises shall be in accordance with Section 26 of this Code and
Title 19 CCR Sections 3.25(a) and (b).
(4) Section 308.1.3 is added to the San Bernardino County Fire
Protection District Fire Code, to read:
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308.1.3 Use of torches. Torches and other flame-producing devices shall not be
used to remove paint from any structure or weeds from any premises. Notwithstanding
any other provision of this Code, persons utilizing a torch or other flame-producing device
for melting asphalt or for welding or cutting shall provide a minimum of one portable fire
extinguisher complying with Section 906 and with a minimum of a 4-A rating, or two
portable fire extinguishers, each with a minimum of a 2-A rating, or a water hose
connected to a working water source. The person conducting the burning or asphalt
melting shall remain at the location for a minimum of one hour after the torch or flame-
producing device is utilized.
(5) Section 308.1.4 is added to the San Bernardino County Fire
Protection District Fire Code, to read:
308.1.4 Open-Flame Cooking Devices. Charcoal burners, barbecues,
and other open-flame cooking devices shall be in accordance with Section 26 of this
Code.
(6) Section 308.1.6 is added to the San Bernardino County Fire
Protection District Fire Code, to read:
308.1.6 Open-flame devices. Torches and other devices, machines or processes
liable to start or cause fire shall not be operated or used in or upon Wildfire Risk Areas,
except by a permit in accordance with Section 105 secured from the fire code official.
Exception: Use within inhabited premises or designated campsites
that are not less than 30 feet (9144 mm) from grass-, grain-, brush- or forest-covered
areas.
(7) Section 308.1.6.1 is added to the San Bernardino County Fire
Protection District Fire Code, to read:
308.1.6.1 Signals and markers. Flame-employing signaling devices, such flare
guns, lanterns, or road flares shall not be operated or used as a signal or marker in or
upon Wildfire Risk Areas.
Exception: The proper use of fusees at the scene of emergencies
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or as required by standard railroad operating procedures.
(8) Section 308.1.6.3 is added to the San Bernardino County Fire
Protection District Fire Code, to read:
308.1.6.3 Sky lanterns Prohibited. The release or the failure to prevent the
release of sky lanterns into the air without an effective means of control is prohibited within
the jurisdiction of the San Bernardino County Fire Protection District.
Exception: Sky lanterns used for scientific or research purposes
when reasonable precautions are made to prevent loss of control or the ignition of
surrounding combustibles. Persons releasing Sky Lanterns used for scientific or research
purposes shall first submit a plan outlining the scientific or research purpose and shall
obtain a permit and specific conditions from the fire code official.
(9) Section 308.2 is added to the San Bernardino County Fire Protection
District Fire Code, to read:
308.2 Permits required. Permits shall be obtained from the fire code official in
accordance with Section 105.6 prior to engaging in the following activities involving open
flames:
1. Use of open flames in connection with assembly occupancies.
Exception: The use of candles.
2. Use or operation of open flames, torches or other devices, machines
or processes liable to cause fire in or upon Wildfire Risk Areas.
(10) Sections 309.1-309.7 are added to the San Bernardino County Fire
Protection District Fire Code, to read:
SECTION 309
POWERED INDUSTRIAL TRUCKS AND EQUIPMENT
309.1 General. Powered industrial trucks and similar equipment including, but not
limited to, floor scrubbers and floor buffers, shall be operated and maintained in
accordance with Section 309.2 through 309.7.
309.2 Use in hazardous (classified) locations. Powered industrial trucks used
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in areas designated as hazardous (classified) in accordance with the California Electrical
Code shall be listed and labeled for use in the environment intended in accordance with
National Fire Protection Association Standard 505.
309.3 Battery chargers. Battery chargers shall be of an approved type.
Combustible storage shall be kept not less than 3 feet (915 mm) from battery chargers.
Battery charging shall not be conducted in areas accessible to the public.
309.4 Ventilation. Ventilation shall be provided in an approved manner in battery-
charging areas to prevent a dangerous accumulation of flammable gases.
309.5 Fire extinguishers. Battery-charging areas shall be provided with a fire
extinguisher complying with Section 906 having a minimum 4-A:20-B:C rating within 20
feet (6096 mm) of the battery charger.
309.6 Refueling. Powered industrial trucks using liquid fuel, LP-gas or hydrogen
shall be refueled outside of buildings or in areas specifically approved for that purpose.
Fixed fuel dispensing equipment and associated fueling operations shall be in accordance
with Chapter 23. Other fuel-dispensing equipment and operations, including cylinder
exchange for LP-gas-fueled vehicles, shall be in accordance with Chapter 57 for
flammable and combustible liquids or Chapter 61 for LP-gas.
309.7 Repairs. Repairs to fuel systems, electrical systems and repairs utilizing
open flame or welding shall be done in approved locations outside of buildings or in areas
specifically approved for that purpose.
(11) Sections 311.1- 311.4 are added to the San Bernardino County Fire
Protection District Fire Code, to read:
311.1 General. Temporarily unoccupied buildings, structures, premises, or
portions thereof, including tenant spaces, shall be safeguarded and maintained in
accordance with this section, the California Building Code and the San Bernardino County
Code.
311.1.1 Abandoned premises. Buildings, structures and premises for which an
owner cannot be identified or located by dispatch of a certificate of mailing to the last
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known or registered address, which persistently or repeatedly become unprotected or
unsecured, which have been occupied by unauthorized persons or for illegal purposes,
or which present a danger of structural collapse or fire spread to adjacent properties shall
be considered abandoned, declared unsafe and abated by demolition or rehabilitation in
accordance with the California Building Code and the International Property Maintenance
Code as adopted by the local Building Department.
311.1.2 Tenant spaces. Storage and lease plans required by this Code shall be
revised and updated to reflect temporary or partial vacancies.
311.2 Safeguarding vacant premises. Temporarily unoccupied buildings,
structures, premises or portions thereof shall be secured and protected in accordance
with Sections 311.2.1 through 311.2.3.
311.2.1 Security. Exterior and interior openings accessible to other tenants or
unauthorized persons shall be boarded, locked, blocked or otherwise protected to prevent
entry by unauthorized individuals. The fire code official is authorized to placard, post
signs, erect barrier tape or take similar measures as necessary to secure public safety.
311.2.2 Fire protection. Fire alarm, sprinkler and standpipe systems shall be
maintained in an operable condition at all times.
Exceptions:
1. Where the premises have been cleared of all combustible
materials and debris and, in the opinion of the fire code official, the type of construction,
fire separation distance and security of the premises do not create a fire hazard.
2. Where approved by the fire code official, buildings that will not
be heated and where fire protection systems will be exposed to freezing temperatures,
fire alarm and sprinkler systems are permitted to be placed out of service and standpipes
are permitted to be maintained as dry systems (without an automatic water supply),
provided the building has no contents or storage, and windows, doors and other openings
are secured to prohibit entry by unauthorized persons.
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3. Where approved by the fire code official, fire alarm and
sprinkler systems are permitted to be placed out of service in seasonally occupied
buildings that will not be heated and where fire protection systems will be exposed to
freezing temperatures; and where fire areas do not exceed 5,000 square feet (464 m2);
and that do not store motor vehicles or hazardous materials.
311.2.3 Fire separation. Fire-resistance-rated partitions, fire barriers and fire
walls separating vacant tenant spaces from the remainder of the building shall be
maintained. Openings, joints and penetrations in fire-resistance-rated assemblies shall
be protected in accordance with Chapter 7.
311.3 Removal of combustibles. Persons owning, or in charge or control of, a
vacant building or portion thereof, shall remove therefrom all accumulations of
combustible materials, flammable or combustible waste or rubbish and shall securely lock
or otherwise secure doors, windows and other openings to prevent entry by unauthorized
persons. The premises shall be maintained clear of waste or hazardous materials.
Exceptions:
1. Buildings or portions of buildings undergoing additions,
alterations, repairs or change of occupancy in accordance with the California Building
Code, where waste is controlled and removed as required by Section 304.
2. Seasonally occupied buildings.
311.4 Removal of hazardous materials. Persons owning or having charge or
control of a vacant building containing hazardous materials regulated by Chapter 50 shall
comply with the facility closure requirements of Section 5001.6.
(12) Section 315.7 of the California Fire Code is amended, to read:
315.7 Outdoor pallet storage. The outside storage of combustible pallets shall
comply with sections 315.7 – 315.7.7 and San Bernardino County Fire Protection District
Fire Prevention Standards. Pallets stored within a building shall be protected in
accordance with Chapter 32. Outdoor storage of pallets at pallet manufacturing and/or
recycling facilities shall be in accordance with Section 2810.
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315.7.1 Storage beneath overhead projections from buildings. Where
buildings are equipped throughout with an automatic sprinkler system, the outdoor storage
of pallets under eaves, canopies or other projections or overhangs are prohibited except
where automatic sprinklers are installed under such eaves, canopies or other projections
or overhangs.
315.7.2 Distance to the lot line. Pallet storage shall not be located within 20 feet
(6096 mm) of a lot line.
315.7.3 Storage Height. Pallet storage shall not exceed 16 feet (4877 mm) in
height.
315.7.4 Pallet pile stability and size. Pallet stacks shall be arranged to form
stable piles. Individual pallet piles shall not exceed 20 feet (6096 mm) in width and 20
feet (6096 mm) in length. Piles shall not exceed 6,400 cubic feet (227 m3) in volume and
shall cover an area not greater than 400 square feet (37 m2).
315.7.5 Pallet types. Pallets shall be all wood, with slatted or solid top or bottom,
with metal fasteners, or shall be plastic or composite pallets, listed and labeled in
accordance with the UL 2335 or FM 4996. Plastic pallets shall be both solid and gridded
deck, independent of the pallet manufacturing process, type of resin used in fabrication
or geometry of the pallet.
315.7.6 Pile separation distances. In addition to the other requirements of this
section, pallet stacks and piles shall be separated in accordance with sections 315.7.6.1
and 315.7.6.2.
315.7.6.1 Building separation. Pallet stacks and piles shall be separated from
buildings in accordance with Table 315.7.6(1) for wood pallets and Tables 315.7.6(2) for
plastic pallets.
315.7.6.2 Separation from the other pallets and on-site storage. Pallets shall
be separated from other pallet piles and other storage in accordance with Table
315.7.6(3) for wood pallets and Table 315.7.6(4) for plastic pallets.
315.7.7 Prohibited locations. Pallets shall not be stored within 100 feet (30480
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mm) of welding or cutting equipment, underneath high-voltage transmission lines, public
roadways or railways.
(13) Section 315.8 is added to the San Bernardino County Fire Protection
District Fire Code, to read:
315.8 Outside storage of firewood. The outside storage of firewood shall comply
with the provisions of Section 315 of this Code, and San Bernardino County Fire
Protection District Fire Prevention Standards.
(14) Section 315.9 is added to the San Bernardino County Fire Protection
District Fire Code, to read:
315.9 Storage of motor vehicles and trailers. Outside storage of automobiles,
trucks, recreational vehicles, truck trailers and other similar vehicles on a temporary basis
shall meet the requirements of the San Bernardino County Fire Protection District Fire
Prevention Standards.
(15) Section 316.7 is added to the San Bernardino County Fire Protection
District Fire Code, to read:
316.7 Electrified fences. Electrified fences or other barriers intended to secure a
premise shall have provided a means of disconnecting all electrical power and de-
energizing any and all barriers with a single main switch. The main electrical disconnect
switch shall be clearly labeled and be accessible for firefighter use by means of a key
switch, locked cabinet, or other means approved by the fire code official. Such electrified
fences or barriers shall be clearly labeled with warning signs that read “DANGER –
ELECTRIC FENCING” at a minimum of every 100 feet (30,480 m) apart around
the perimeter.
(d) The following sections of Chapter 4 of the San Bernardino County Fire
Protection District Fire Code are added or amended, as follows:
(1) Sections 403.11 - 403.11.3.3 are added to the San Bernardino
County Fire Protection District Fire Code, to read:
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403.11 Special requirements for public safety. Special requirements for public
safety shall be in accordance with Sections 403.11.1 through 403.11.3.3.
403.11.1 Fire watch personnel. Where, in the opinion of the fire code official, it
is essential for public safety in a place of assembly or any other place where people
congregate, because of the nature of the performance, exhibition, display, contest or
activity, the owner, agent or lessee shall provide one or more fire watch personnel, as
required and approved. Fire watch personnel shall comply with Sections 403.11.1.1 and
403.11.1.2 and San Bernardino County Fire Protection District Fire Prevention Standards.
403.11.1.1 Duty times. Fire watch personnel shall remain on duty while places
requiring a fire watch are open to the public, or when an activity requiring a fire watch is
being conducted.
403.11.1.2 Duties. On-duty fire watch personnel shall have the following
responsibilities:
1. Keep diligent watch for fires, obstructions to means of egress
and other hazards.
2. Take prompt measures for remediation of hazards and
extinguishment of fires that occur.
3. Take prompt measures to assist in the evacuation of the
public from the structures.
403.11.2 Public safety plan for gatherings. Where the fire code official
determines that an indoor or outdoor gathering of persons has an adverse impact on
public safety through diminished access to buildings, structures, fire hydrants or fire
apparatus access roads or where such gatherings adversely affect public safety services
of any kind, the fire code official shall have the authority to order the development of or
prescribe a public safety plan that provides an approved level of public safety and
addresses the following items:
1. Emergency vehicle ingress and egress.
2. Provisions for maintaining fire protection equipment.
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3. Emergency egress or escape routes.
4. Emergency medical services facilities and personnel.
5. Public assembly areas.
6. The directing of both attendees and vehicles, including the
parking of vehicles.
7. Vendor and food concession distribution.
8. The need for the presence of law enforcement.
9. The need for fire department apparatus or personnel available
on the site, provided owner, agent, or lessee’s expense, as
required by the fire code official.
10. The need for a weather monitoring person.
11. The need for qualified crowd managers meeting the
requirements of section 403.11.3 through 403.11.3.3.
403.11.3 Crowd managers. Where required by the fire code official, crowd
managers shall be provided in accordance with sections 403.11.3.1 through 403.11.3.3.
403.11.3.1 Number of crowd managers. Not fewer than two trained crowd
managers, and not fewer than one trained crowd manager for each 250 persons or portion
thereof, shall be provided for the gathering.
Exception: The number of crowd managers shall be reduced where,
in the opinion of the fire code official, the fire protection provided by the facility and the
nature of the event warrant a reduction.
403.11.3.2 Training.
Training for crowd managers shall be a certification from the National
Association of State Fire Marshals (NASFM) or an equivalent training and certification
program as approved by the fire code official.
403.11.3.3 Duties.
The duties of crowd managers shall include, but not be limited to:
1. Conduct an inspection of the area of responsibility and identify
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and address any egress barriers.
2. Conduct and inspection of the area of responsibility to identify
and mitigate any fire hazards.
3. Verify compliance with all permit conditions
4. Direct and assist the event attendees in evacuation during an
emergency.
5. Direct emergency response personnel to a location when
requested.
6. Other duties required by the fire code official.
7. Other duties as specified in the fire safety plan.
(e) The following sections of Chapter 5 of the San Bernardino County Fire
Protection District Fire Code are added or amended, as follows:
(1) Sections 503.1-503.5.1 are added to the San Bernardino County Fire
Protection District Fire Code, to read:
SECTION 503
FIRE APPARATUS ACCESS ROADS
503.1 Where required. Fire apparatus access roads shall be provided and
maintained in accordance with Sections 503.1.1 through 503.1.3.
503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be
provided for every facility, building or portion of a building hereafter constructed or moved
into or within the jurisdiction. The fire apparatus access road shall comply with the
requirements of this section and shall extend to within 150 feet (45720 mm) of all portions
of the facility and all portions of the exterior walls of the first story of the building as
measured by an approved route around the exterior of the building or facility.
Exceptions:
1. The fire code official is authorized to increase the dimension
of 150 feet (45720 mm) where any of the following conditions occur:
1.1. Unless required by another section of this Code, the
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building is equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.
1.2. Fire apparatus access roads cannot be installed
because of location on property, topography, waterways, nonnegotiable grades or other
similar conditions, and an approved alternative means of fire protection is provided.
1.3. There are not more than two Group R-3 or Group U
occupancies.
2. Where approved by the fire code official, fire apparatus
access roads shall be permitted to be exempted or modified for solar photovoltaic power
generation facilities.
503.1.2 Additional access. The fire code official is authorized to require more
than one fire apparatus access road based on the potential for impairment of a single
road by vehicle congestion, condition of terrain, climatic conditions or other factors that
could limit access.
503.1.3 High Piled Storage. Fire department vehicle access to buildings used for
high-piled combustible storage shall comply with the applicable provisions of Chapter 32.
503.2 Specifications. Fire apparatus access roads shall be designed,
constructed and maintained in accordance with Sections 503.2.1 through 503.2.8. and
San Bernardino Fire Protection District Fire Prevention Standards.
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed
width of not less than 26 feet (7925 mm), except for approved security gates in
accordance with Section 503.6, and an unobstructed vertical clearance of not less than
14 feet, 6 inches (4420 mm.) Roadways that provide fire apparatus access to buildings
that have exterior walls 30 feet or higher from the lowest level of fire department access
to the top of the highest roof or parapet, or having occupied floors that are three or more
stories above such adjacent roadways shall have an unobstructed width of 30 feet (9144
mm.)
Exceptions:
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1. Emergency vehicle access roads designed and provided
exclusively for fire department use may have an unobstructed width of not less than 20
feet (6096 mm) when approved by the fire code official.
2. Driveways and private roadways providing fire department
access to not more than two Group R-3 and accessory Group U occupancies shall be a
minimum of 12 feet (3657 mm) in width.
3. Required access road dimensions may be modified according
to the San Bernardino County Fire Protection District Fire Prevention Standards when,
due to location on property, topography, waterways, nonnegotiable grades or other similar
conditions, the fire code official determines that the conditions cannot be met. In no case
shall fire department access roads within State Responsibility areas (SRA) be less than
20 feet (6096 mm) in unobstructed width.
503.2.2 Authority. The fire code official shall have the authority to require or
permit modifications to the required access widths and heights where they are inadequate
for fire or rescue operations or where necessary to meet public safety objectives.
503.2.3 Surface. Fire apparatus access roads shall be designed and maintained
to support the imposed loads of fire apparatus weighing at least 75,000 pounds and shall
be surfaced so as to provide all-weather driving capabilities.
Exceptions:
1. Where road grades do not exceed eight percent (8%), and
where serving only one or two-family dwellings or accessory Group U occupancies, the
fire code official may approve existing roads constructed with approved native materials
or other earthen materials compacted to eighty-five percent (85%) compaction.
2. The fire code official is authorized to allow alternate fire
apparatus roadway surfaces designed or evaluated by a qualified professional engineer
and demonstrating an equivalent reliability and safety.
503.2.4 Turning Radius. The required turning radius of a fire apparatus access
road shall comply with San Bernardino Fire Protection District Fire Prevention Standards
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as determined by the fire code official.
503.2.5 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet
in length (45,720 mm) shall be provided with an approved area for turning around fire
apparatus that complies with San Bernardino Fire Protection District Fire Prevention
Standards.
503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface
is part of a fire apparatus access road, the bridge shall be constructed and maintained in
accordance with AASHTO HB-17. Bridges and elevated surfaces shall be designed for
a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall
be posted at both entrances to bridges where required by the fire code official. Where
elevated surfaces designed for emergency vehicle use are adjacent to surfaces that are
not designed for such use, approved barriers, approved signs or both shall be installed
and maintained where required by the fire code official.
503.2.7 Grade. The grade of a fire apparatus access road or driveway shall be a
maximum of twelve percent (12%).
Exceptions:
1. The grade of a fire apparatus access road or driveway may
be increased to fourteen percent (14%) for a distance not to exceed 500 feet with the
approval of the fire code official.
2. The grade of a driveway providing fire access to no more than
two (2) one- or two-family dwelling may be increased to a maximum of sixteen percent
(16%) for a distance not to exceed 500 feet in areas in which the Hillside Grading
Standards pursuant to Chapter 83.08 of the San Bernardino County Development Code
apply and with the approval of the fire code official.
3. Where more restrictive local city requirements apply.
503.2.8 Angles of approach and departure. The angles of approach and
departure for fire apparatus access roads shall comply with the San Bernardino County
Fire Protection District Fire Prevention Standards.
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503.3 Marking. Where required by the fire code official, approved signs and
markings that include the words “NO PARKING—FIRE LANE” and that comply with San
Bernardino County Fire Protection District Fire Prevention Standards shall be provided
for fire apparatus access roads to identify such roads or prohibit the obstruction thereof.
The means by which fire lanes are designated shall be maintained in a clean and legible
condition at all times and be replaced or repaired when necessary to provide adequate
visibility.
503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads
shall not be obstructed in any manner, including the parking of vehicles. The minimum
widths and clearances established in Section 503.2.1 and 503.2.2 shall be maintained at
all times. Any condition that serves as an impediment to fire access, or any vehicle or
other obstruction to fire access may be removed at the orders of the fire code official or
other governing agency in cooperation with the fire code official, with the expense of such
removal to be paid by the owner of the roadway, or of said vehicle or obstruction.
503.4.1 Traffic calming devices. Traffic calming devices shall be prohibited
unless approved by the fire code official in accordance with the San Bernardino County
Fire Protection District Fire Prevention Standards.
503.5 Required gates or barricades. The fire code official is authorized to require
the installation and maintenance of gates or other approved barricades across fire
apparatus access roads, trails or other access ways, not including public streets, alleys
or highways. Electric gate operators, where provided, shall be listed in accordance with
UL 325. Gates intended for automatic operation shall be designed, constructed and
installed to comply with the requirements of ASTM F 2200 and the San Bernardino County
Fire Protection District Fire Prevention Standards.
503.5.1 Secured gates and barricades. Where required, gates and barricades
shall be secured in an approved manner. Roads, trails and other access ways that have
been closed and obstructed in the manner prescribed by Section 503.5 shall not be
trespassed on or used unless authorized by the owner and the fire code official.
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Exception: The restriction on use shall not apply to public officers
acting within the scope of duty.
(2) Section 503.6 is added to the San Bernardino County Fire Protection
District Fire Code, to read:
503.6 Security gates. The installation of security gates across a fire apparatus
access road shall be approved by the fire code official. Where security gates are installed,
they shall have an approved means of emergency operation. The security gates and the
emergency operation shall be maintained operational at all times. Electric gate operators,
where provided, shall be listed in accordance with UL 325. Gates intended for automatic
operation shall be designed, constructed and installed to comply with the requirements of
ASTM F 2200 and the San Bernardino County Fire Protection District Fire Prevention
Standards.
(3) Section 504.5 is added to the San Bernardino County Fire Protection
District Fire Code, to read:
504.5 Foam cornices. Buildings with cornices or other trim at the edge of a roof or
parapet wall made of expanded foam plastic or other similar materials shall be installed in
accordance with San Bernardino County Fire Protection District Fire Prevention
Standards in order to allow a stable, rigid surface or edge on which a ladder can be used
to access the roof.
(4) Sections 505.1-505.2 are added to the San Bernardino County
Fire Protection District Fire Code, to read:
SECTION 505
PREMISES IDENTIFICATION
505.1 Address identification. New and existing buildings shall be provided with
approved address identification in accordance with this section and San Bernardino
County Fire Protection District Standards. The address identification shall be legible and
placed in a position that is visible from the street or road fronting the property. Address
identification characters shall contrast with their background. Address identification shall
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be Arabic numerals or alphabetical letters. Numbers shall not be spelled out. Each
character shall be not less than 4 inches (102 mm) high with a minimum stroke width of
½ inch (12.7 mm). Where required by sections 505.1.1 – 505.1.6, address identification
shall be provided in additional approved locations to facilitate emergency response.
Address identification shall be maintained.
505.1.1 One and two family dwelling units. All one and two family dwelling units
shall, in addition to the requirements of section 505.1, be provided with address
identification in accordance with all of the following:
1. Electrically illuminated by an internal low-voltage light source
during the hours of darkness.
2. Where building setbacks exceed 100 feet (30.5 m) from the
street, or where addresses on dwelling units would not be visible or would otherwise be
obstructed, additional non-illuminated address identification shall be displayed on a
monument, sign or other approved means used to identify structures.
505.1.2 Buildings less than 100,000 square feet, other than one- and two-
family dwelling units. All buildings less than 100,000 square feet (9290 m2) in area,
other than one- and two-family dwelling units, shall, in addition to the requirements of
Section 505.1, be provided with address identification in accordance with all of the
following:
1. Electrically illuminated by an internal or external source during
the hours of darkness.
2. Not less than eight inches (204 mm) in height, with a minimum
stroke width of 1 inch (25.5 mm).
3. Where building setbacks exceed 200 feet (61 m) from the
street, or where address identification would not be visible or would otherwise be
obstructed, additional non-illuminated address identification shall be displayed on a
monument, sign or other approved means used to identify structures. Address
identification characters shall not be less than six inches (153 mm) in height, with a
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minimum stroke width of 0.75 inches (19 mm).
505.1.3 Buildings 100,000 square feet or larger, other than one- and two-
family dwelling units. All buildings 100,000 square feet (9290 m2) or larger in area,
other than one- and two-family dwelling units, shall, in addition to the requirements of
Section 505.1, be provided with address identification in accordance with all of the
following:
1. Electrically illuminated by an internal or external source during
the hours of darkness.
2. Not less than twelve inches (306 mm) in height, with a
minimum stroke width of 1.5 inch (38 mm).
3. Where building setbacks exceed 200 feet (61 m) from the
street, or where address identification would not be visible or would otherwise be
obstructed, additional non-illuminated address identification shall be displayed on a
monument, sign or other approved means used to identify structures. Address
identification characters shall not be less than six inches (153 mm) in height, with a
minimum stroke width of 0.75 inches (19 mm).
505.1.4 Illuminated directory. When required by the fire code official, new
multiple dwelling unit complexes of 20 or more units shall be provided with an illuminated
directory at each entry, clearly visible to emergency responders entering the property.
The directory shall comply with San Bernardino County Fire Protection District Fire
Prevention Standards and shall consist of a diagrammatic representation of the complex
which shows the location of the viewer and the unit designations within the complex.
505.1.5 Individual units. Individual dwelling units other than one- and two-family
dwellings, and tenant lease spaces within buildings shall be posted with address
identification on each unit. Addresses shall be easily visible to approaching vehicular or
pedestrian traffic and shall comply with section 505.1 and the San Bernardino County Fire
Protection District Fire Prevention Standards.
505.1.6 Rear addressing. Buildings which have vehicular access to the rear side
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by means of a drive aisle alley, or parking lot shall also display address identification on
the rear of the building and the San Bernardino County Fire Protection District Standards.
505.2 Street or road name signs. The names of streets or roads shall be
identified with approved signs. Temporary street or road name signs meeting the San
Bernardino County Fire Protection District Fire Prevention Standards shall be installed at
each street intersection when construction of new roadways allows passage by vehicles
and shall be maintained until replaced by permanent signs.
(5) Sections 506.1-506.2 are added to the San Bernardino County Fire
Protection District Fire Code, to read:
SECTION 506
KEY BOXES
506.1 Where required. Where access to or within a structure or an area is
restricted because of secured openings or where immediate access is necessary for life-
saving or fire-fighting purposes, the fire code official is authorized to require one or more
key boxes to be installed in an approved location(s). The key box(es) shall be of an
approved type in accordance with San Bernardino County Fire Protection District Fire
Prevention Standards and shall contain keys to gain necessary access as required by the
fire code official.
506.1.1 Locks. An approved lock or entry device meeting San Bernardino County
Fire Protection District Fire Prevention Standards shall be installed on gates or similar
barriers across fire department access roads where required by the fire code official.
506.2 Key box maintenance. The operator of the building shall immediately notify
the fire code official and provide the new key where a lock is changed or rekeyed. The
key to such lock shall be secured in the key box.
(6) Section 507.1 of the California Fire Code is amended, to read:
SECTION 507
FIRE PROTECTION WATER SUPPLIES
507.1 Required water supply. An approved water supply capable of supplying
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the required fire flow for fire protection shall be provided to premises upon which facilities,
buildings or portions of buildings are hereafter constructed or moved into or within the
jurisdiction. In areas without a water purveyor capable of supplying the required water
supply, National Fire Protection Association Standard 1142 (current edition) shall be used
to establish on-site water storage capacities, when allowed by the fire code official.
Exception:
1. When approved by the fire code official, the following shall be
permitted in lieu of an adequate water supply when serving not more than two Group R-
3 occupancies and accessory Group U occupancies:
a) Accessory Group U occupancies shall be a minimum of
50 feet (15,240 mm) from all adjacent dwellings and property lines.
b) Group R-3 Occupancies shall be equipped with an
approved residential fire sprinkler system in accordance with NFPA 13D/CRC313.
c) Provide other approved alternate means and
methods as approved by the fire code official.
(7) Section 507.2.3 is added to the San Bernardino County Fire
Protection District Fire Code, to read:
507.2.3 Temporary water supply. When required by the fire code official, a
temporary water supply shall be provided for buildings under construction, prior to such
buildings being occupied. Temporary water supplies shall be in accordance with San
Bernardino County Fire Protection District Fire Prevention Standards.
(8) Section 507.3 of the California Fire Code is amended, to read:
507.3 Fire Flow. Fire flow requirements for buildings or portions of buildings and
facilities shall be determined by an approved method below or by Appendix B.
1. When approved by the fire code official, the following shall be considered in
lieu of adequate fire flow when serving not more than two Group R-3 occupancies and
accessory Group U occupancies:
a) Accessory Group U occupancies shall be a minimum
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50 feet (15,240 mm) from all adjacent dwellings and property lines.
b) Group R-3 Occupancies shall be equipped with an
approved residential fire sprinkler system in accordance with NFPA 13D/CRC313.
c) Provide other approved alternate means and
methods as approved by the fire code official.
(9) Section 507.5 of the California Fire Code is amended, to read:
507.5. Fire hydrant systems. Fire hydrant systems shall comply with Sections
507.5.1 through 507.5.6 and San Bernardino County Fire Protection District Fire
Prevention Standards.
(10) Section 507.5.1 of the California Fire Code is amended, to read:
507.5.1 Where required. Where a portion of the facility or building hereafter
constructed or moved into or within the jurisdiction is more than 300 feet (91.5 m) from a
hydrant on a fire apparatus access road, as measured by an approved route around the
exterior of the facility or building, on-site fire hydrants and mains shall be provided where
required by the fire code official.
Exception: For Group R-3 and attached Group U occupancies, the
distance requirement shall not be more than 600 feet (183 m).
(11) Section 507.5.1.2 is added to the San Bernardino County Fire
Protection District Fire Code, to read:
507.5.1.2 Water supply connections. New on-site fire hydrant water systems
that serve buildings having a single or aggregate floor area of greater than 100,000
square feet (9290 m2) shall have a minimum of two separate remote connections to the
public water system designed and constructed in accordance with the National Fire
Protection Association and the San Bernardino County Fire Protection District Fire
Prevention Standards and approved by the fire code official.
(12) Section 508.2 is added to the San Bernardino County Fire Protection
District Fire Code, to read:
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508.2 Fire Control Room. A fire control room for fire department operations shall
be provided in all newly constructed Group F-1, S-1 and S-2 distribution warehouses
greater than 300,000 square feet (27870 m2) in floor area. The location and accessibility
of the fire control room shall be approved by the fire code official. The fire control room
shall be separated from the remainder of the building by walls and ceilings not less than
one-hour fire partitions and shall have at least one exterior access door of not less than
3’-0” (918 mm) in width by 6’-8” (2040 mm) in height. The room shall be a minimum of
96 square feet (9 m2) with a minimum dimension of 8 feet (2438 mm.) The room shall
contain the following as a minimum:
1. The fire alarm control unit and associated equipment,
including an annunciator panel displaying status of sprinkler control valves and water flow
detectors.
2. Main controls and indicators for mechanical smoke exhaust
systems.
3. A printed graphic exhibit(s) showing the building floor plan,
automatic sprinkler systems, fire alarm systems, smoke exhaust systems, fire department
access doors, and any other equipment as required by the fire code official.
4. Other firefighting equipment and system controls as required
by the fire code official.
(13) Section 509.3 is added to the San Bernardino County Fire Protection
District Fire Code, to read:
509.3 Access to equipment in multi-unit buildings. When automatic fire
sprinkler systems or fire alarm systems are installed in buildings constructed for multiple
tenants and these systems protect multiple tenant spaces, the main risers, fire alarm
control panels, and any other main control valves or equipment for such systems; shall
be located in an attached or included room separate from any tenant space. Such rooms
shall have at least one exterior access door of not less than 3’-0” (918 mm) in width by
6’-8” (2040 mm) in height and meet the requirements of Sections 901.4.6-901.4.6.4.
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(f) The following sections of Chapter 9 of the San Bernardino County Fire
Protection District Fire Code are added or amended, as follows:
(1) Section 901.8.3 is added to the San Bernardino County Fire
Protection District Fire Code, to read:
901.8.3 Theft deterrents. The fire code official is authorized to require installation
methods, mechanisms, or other technology that will serve to deter theft or tampering with
fire protection appliances. Such methods shall be in accordance with the San Bernardino
County Fire Protection District Fire Prevention Standards.
(2) Section 903.2 of the California Fire Code is amended, to read:
903.2 Where required. Approved automatic fire sprinkler systems in new
buildings and structures shall be provided in the locations described in this section and
Sections 903.2.1 through 903.2.21. Notwithstanding any other provision of Sections
903.2.1 through 903.2.21, an approved automatic fire sprinkler system shall be provided
throughout all newly constructed buildings of any occupancy group, when the gross floor
area is equal to or exceeds 5,000 square feet (465 m2), regardless of fire resistive
separation walls.
Exceptions:
1. Group U occupancies, accessory to a Group R-3 one- or two-
family dwelling.
2. In existing buildings, other than Group R, Division 3 and
Group U occupancies, not equipped with an automatic fire sprinkler system, the following
requirements shall apply:
a) When an addition causes the building to exceed 5,000
square feet (465 m2) in gross floor area and such addition is equal to or greater than 50%
of the existing square footage, the entire building shall be provided with an automatic
sprinkler system.
b) For existing buildings larger than 5,000 square feet
(465 m2) in gross floor area, when a change of use occurs that, in the opinion of the fire
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code official, increases the risk of fire, or increases the danger to occupants in a fire, the
entire building shall be provided with an automatic sprinkler system.
(3) Section 910.2.1 of the California Fire Code is amended, to read:
910.2.1 Group F-1, S-1 and S-2. A mechanical smoke removal system installed
in accordance with section 910.4 shall be installed in buildings and portions thereof used
as group F-1, S-1 and S-2 occupancy having more than 50,000 square feet (4645m2) of
undivided area.
(4) Section 910.2.2 of the California Fire Code is amended, to read:
910.2.2 High-piled combustible storage. Smoke and heat removal required by
Table 3206.2 for buildings and portions thereof containing high-piled combustible storage
shall be installed in accordance with Section 910.3 in unsprinklered buildings. In buildings
and portions thereof containing high-piled combustible storage equipped throughout with
an automatic sprinkler system in accordance with Section 903.3.1.1, a mechanical smoke
and heat removal system shall be installed in accordance with Section 910.4. In occupied
portions of a building equipped throughout with an automatic sprinkler system in
accordance with Section 903.3.1.1 where the upper surface of the story is not a roof
assembly, a mechanical smoke removal system in accordance with Section 910.4 shall
be installed.
(g) The following section of Chapter 11 of the San Bernardino County Fire
Protection District Fire Code is added, as follows:
(1) Section 1103.2 is added to the San Bernardino County Fire
Protection District Fire Code, to read:
1103.2 Emergency responder communication coverage in existing buildings.
Existing buildings other than Group R-3, that do not have approved in-building, two-way
emergency response communication coverage for emergency responders in the building
based on existing coverage levels of the public safety communication system, shall be
equipped with such coverage according to Section 510.1.
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Exception: Where it is determined by the fire code official that the
in-building, two-way emergency responder communication coverage system is not
needed.
(h) The following sections of Chapter 28 of the San Bernardino County Fire
Protection District Fire Code are added or amended, as follows:
(1) Section 2808.3 of the California Fire Code is amended, to read:
2808.3 Size of piles. Piles shall not exceed 12 feet (3657 mm) in height, 150 feet
(45 270mm) in width and 250 feet (76 200 mm) in length. Stackable products shall not
be stacked in excess of 12 feet (3657 mm) in height, 80 feet (24 384 mm) in width and
250 feet (76 200 mm) in length.
(2) Section 2808.7.1 is added to the San Bernardino County Fire
Protection District Fire Code, to read:
2808.7.1 Pile fire protection, public water supply. The operator shall provide
and maintain approved fire hydrants and waterline mains as required by the fire code
official. Water lines may be approved aboveground lines supplied from a reliable water
supply with adequate protection against impact and fire flow reaction. Hydrant spacing
shall be at 400-foot intervals along primary fire access roadways. Fire flow at each hydrant
shall be least 1,000 gallons per minute at 20 psi. Duration of the required fire flow shall
be not less than two hours.
(3) Section 2808.7.2 is added to the San Bernardino County Fire
Protection District Fire Code, to read:
2808.7.2 Pile fire protection, private water supply. Above-ground water storage
tanks may be installed when authorized by the fire code official where public water supply
is not adequate to meet fire flow requirements. Volume and duration of the required fire
flow shall be as determined by the current edition of NFPA 1142.
(4) Sections 2810.1 through 2810.11 of the California Fire Code, is
amended, to read:
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SECTION 2810
OUTDOOR STORAGE OF PALLETS AT PALLET MANUFACTURING AND/OR
RECYCLING FACILITIES
2810.1 General. The outside storage of wood pallets and wood composite pallets
on the same site as a pallet manufacturing and/or recycling facility shall comply with
Sections 2810.2 through 2810.11 and San Bernardino County Fire Protection District Fire
Prevention Standards.
2810.2 Site plan. Each site shall maintain an approved site plan that includes a
general description of the property, the boundaries of the lot, the size and location of
buildings, and all of the following:
1. Utilities.
2. Type of construction and presence of sprinkler protection for all buildings
on the site.
3. Locations of all fire hydrants and any other water supply sources for fire-
fighting purposes.
4. Locations of any hazards (e.g., flammable liquids, welding, LP gas tanks,
and hazardous material storage areas).
5. Location of pallet storage and any other combustibles on the site.
6. Equipment protected with a dust collection system.
7. Fire apparatus access roads.
8. Designated smoking areas.
9. Location of fire alarm control panels.
2810.3 Fire prevention plan. The owner or owner’s authorized representative
shall prepare an approved fire prevention plan that includes all of the following:
1. Frequency of walk-through inspections to verify compliance with the plan
2. Hot work permit program in accordance with Chapter 35.
3. Preventative maintenance program for equipment associated with pallet
activities
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4. Inspection, testing and maintenance of fire protection systems in
accordance with Chapter 9.
2810.4 Fire safety emergency evacuation plan. The owner or owner’s
authorized representative shall prepare and train employees in an approved fire safety
and emergency evacuation plan in accordance with Chapter 4.
2810.5 Security management plan. The owner or owner’s authorized
representative shall prepare a security management plan based on a security risk
assessment and shall make the plan and assessment available to the fire code official
upon request.
2810.6 Clearance to property line. Stacks of pallets shall not be stored less than
20 feet (6096 mm) of the property line or shall comply with Section 2810.11.
2810.7. Clearance to buildings and storage. Stacks of pallets shall not be stored
less than 20 feet (6096 mm) from any building or combustible structure on site, or shall
comply with Section 2810.11. Pallets shall not be stored under eaves, canopies or other
projections or overhangs of buildings except where protected by an automatic sprinkler
system.
2810.8 Size and Height. Pallet stacks shall be arranged to form stable piles.
Individual pallet piles shall cover an area not greater than 400 square feet (37 m2). Pallet
stacks and piles shall not exceed 16 feet (4876 mm) in height.
2810.9 Fire hydrant spacing and flow. Fire hydrants shall be located at each
entrance to the facility and at locations onsite as determined by the fire code official. Fire
flow requirements for the site shall be based on a risk analysis and assessment
performed by a California licensed fire protection engineer and
approved by the fire code official. All water supply sources for fire- fighting shall be
reliable and for a sufficient duration.
2810.10 Portable fire extinguishers. A 4A40BC portable fire extinguishers shall
be provided within 75 feet (22 860 mm) of any pallet stack or manufacturing area(s).
2810.11 Alternative approach. Where approved by the fire code official, pallet
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stacks located closer to a property line or structure than as required by Sections 2810.6
and 2810.7 shall be provided with additional fire protection including, but not limited to,
the following:
1. The storage yard areas and material handling equipment selection, design
and arrangement are based on an approved risk assessment.
2. Automatic fire detection that transmits an alarm to a supervising station in
accordance with National Fire Protection Association Standard 72.
3. Fire apparatus access roads around all storage areas.
(i) The following sections of Appendix B of the San Bernardino County Fire
Protection District Fire Code are added or amended as follows:
(1) Table B105.2 of the California Fire Code is amended, to read:
TABLE B105.2
REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND
TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES
AUTOMATIC
SPRINKLER SYSTEM
(Design Standard)
MINIMUM FIRE-FLOW
(gallons per minute)
FLOW DURATION
(hours)
No automatic sprinkler
system
Value in Table B105.1(2) Duration in Table B105.1(2)
Section 903.3.1.1 of the
California Fire Code
50% of the value in Table
B105.1(2)a
Duration in Table B105.1(2) at
the reduced flow rate
Section 903.3.1.2 of the
California Fire Code
50% of the value in Table
B105.1(2)b
Duration in Table B105.1(2) at
the reduced flow rate
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For SI: 1 gallon per minute = 3.785 L/m.
a. The reduced fire-flow shall be not less than 1,000 gallons per
minute.
b. The reduced fire-flow shall be not less than 1,500 gallons per
minute.
(j) The following sections of Appendix C of the San Bernardino County Fire
Protection District Fire Code are added or amended as follows:
(1) Section C102.1 of the California Fire Code is amended, to read:
C102.1 Minimum number of fire hydrants for a building. The number of fire
hydrants available to provide fire protection to a building shall be determined according
to the spacing requirements in Section C103.
(2) Section C103.2 of the California Fire Code is amended, to read:
C103.2 Average Spacing. The average spacing between fire hydrants shall be
300 feet (91 m) apart in industrial, commercial and multifamily development, and 600 feet
(183 m) apart in all single family development. Fire hydrants shall comply with the San
Bernardino County Fire Protection District Fire Prevention Standards.
Exception: The average spacing shall be permitted to be increased
by 10 percent where existing fire hydrants provide all or a portion of the required fire
hydrants.
(3) Section C103.3 of the California Fire Code is adopted into the San
Bernardino County Fire Protection District Fire Code and amended, to read:
C103.3 Maximum Spacing. The maximum spacing between fire hydrants shall
be allowed to be up to 1000 feet (305 m) with the approval of the fire code official where
protecting only incidental hazards and not structures.
3. Reserved.
4. Referenced Standards.
The standards referenced in this Code shall be those that are listed in Chapter 80.
Such standards shall be considered part of the requirements of this Code to the
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prescribed extent of such reference. Where conflicts occur between provisions of this
Code and referenced standards, the provisions of this Code shall apply. The fire code
official may issue San Bernardino County Fire Protection District Fire Prevention
Standards for informational purposes in clarifying and interpreting provisions of the
California Fire Code, its amendments, and referenced standards.
5. Conflicting Provisions.
Where there is a conflict between a general requirement and a specific
requirement, the fire code official shall determine which requirement meets the intent of
this Code. Provisions of the California Code of Regulations that are included in this Code
specifically or by reference shall prevail except where this Code contains a more
restrictive requirement.
6. Validity and Severability.
This Code shall not be in conflict with state or federal law. If any section,
subsection, sentence, clause or phrase of this Code or the application thereof is held
invalid, such invalidity shall not affect other provisions or applications which can be given
effect without the invalid provision or application, and to this end the provisions of this
Code are severable.
7. No Liability or Warranty.
San Bernardino County, the San Bernardino County Fire Protection District, any
city, town or district that ratifies this ordinance, and their employees or agents shall not
be held liable for any act or omission to act done in good faith and reliance upon state
law, or the ordinance, codes, standards, interpretations, policies or procedures of the San
Bernardino County Fire Protection District. Neither San Bernardino County, the San
Bernardino County Fire Protection District, nor any city, town or district that ratifies this
ordinance, nor their employees or agents shall be held liable for the negligence of, nor as
the guarantor of proper performance by, any person or entity holding any license, permit,
certificate, registration, privilege or other entitlement from the District.
8. Authority – General.
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The fire code official shall implement, administer, and enforce the provisions of this
Code and shall have the authority to render interpretations of this Code. The fire code
official shall also have the authority to adopt policies, procedures, rules and regulations
in order to clarify the application of this Code. Such interpretations, policies, procedures,
rules and regulations shall be in compliance with the intent of this Code.
9. Authority at Fires or Other Emergencies.
(a) The Fire Chief/Fire Warden, fire code official or any officer of the San
Bernardino County Fire Protection District in charge at the scene of a fire or other
emergency involving the protection of life or property shall have the authority to direct
operations as necessary to extinguish or control any fire, perform any rescue operation,
investigate the existence of suspected or reported fires, gas leaks, or other hazardous
conditions or situations, or take any other action necessary in the reasonable
performance of duty. In the exercise of such authority, the Fire Chief/Fire Warden, fire
code official or officer is authorized to prohibit any person, vehicle, vessel or thing from
approaching the scene and is authorized to remove or cause to be removed, or keep
away from the scene any person, vehicle, vessel or thing which could impede or interfere
with the operations of the fire department.
(b) The Fire Chief/Fire Warden, fire code official or officer of the San Bernardino
County Fire Protection District in charge at the scene of a fire or other emergency is
authorized to place ropes, tape, flagging, barricades, guards or other obstructions across
any street, alley, place, driveway or private property in the vicinity of such operation so as
to prevent accidents or interference with the lawful operations of the fire department to
manage and control the situation and to allow the safe operation of fire, rescue and
investigation apparatus.
(c) The Fire Chief/Fire Warden, fire code official or officer of the San Bernardino
County Fire Protection District in charge at the scene of a fire or other emergency is
authorized to disconnect or authorize disconnection of utility service to any building,
structure, vehicle or system in order to safely execute emergency operations or to
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eliminate an immediate hazard.
10. Authority to Inspect, Issue Notices and Administrative Citations or Abate a
Hazardous Condition.
(a) Whenever it is necessary to make an inspection to enforce the provisions
of this Code, or whenever the fire code official has reasonable cause to believe that there
exists in a building or premises any conditions or activity requiring a permit authorized by
this Code, or reasonably believes that there are any violations of this Code which make
a building, premises, condition or activity unsafe, dangerous or hazardous, the fire code
official and those personnel designated by the fire code official are authorized to enter, at
all reasonable times, upon any property, premises, enclosure, structure, vehicle or vessel
within the San Bernardino County Fire Protection District to determine whether the
building, property, premises, enclosure, structure, vehicle, vessel, condition or activity is
in compliance with this Code, or whether a violation of this Code has occurred or is
occurring, and to make any inspection as may be necessary in the performance of their
enforcement duties, to issue a Notice of Correction, Notice of Violation or to issue a Stop
Work Order or citation.
(b) The fire code official and those persons designated by the fire code official
are authorized to take photographs, samples, or other physical evidence, and make video
and/or audio recordings. All such entries and inspections shall be done in a reasonable
manner. If an owner, lawful occupant, or the respective agent, employee, or
representative thereof, refuses permission to enter and/or to inspect, the District may
seek an administrative inspection warrant pursuant to the procedures provided by
California Code of Civil Procedure sections 1822.50 through 1822.59, as may be
amended from time to time, or the successor provisions thereto.
(c) The fire code official and those persons designated by the fire code official
are authorized to investigate, detain, and issue criminal or administrative citations for any
violation of this Code or of the provisions of any code or standard adopted and
incorporated by reference by this Code.
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(d) Any violation of this Code or of the provisions of any code adopted and
incorporated by reference by this Code may be deemed a fire hazard by the fire code
official and acted upon pursuant to the fire hazard abatement provisions of Chapter 3 of
Division 3 of Title 2 of the San Bernardino County Code beginning with Section 23.0301.
When a fire hazard or hazardous condition constitutes an immediate threat of harm to
public health and safety, the fire code official may take or cause emergency abatement
of such hazard with notice to parties concerned, or without notice, as the particular
circumstances reasonably allow.
11. Closure of Public and Private Lands.
When it is determined by the fire code official that conditions exist on public lands
within a Wildfire Risk Area that present an immediate, exceptional, or continuing danger,
the Fire Chief/Fire Warden is authorized to close the affected areas and prohibit the entry
of the general public. Prior to closure of private property, notification of the closure shall
be made to any concerned property owners and consent obtained. Upon closing and
prohibiting entry to public lands, signs shall be posted at the entry points of the affected
areas indicating that the area is closed due to the existence of dangerous conditions and
that entry is prohibited. Prior to closing and prohibiting entry to any State or Federally
controlled lands, notification shall be made and consent obtained from the Director of
Forestry and Fire Protection (CalFIRE) or U.S. Forest Service, as appropriate. Any public
highway traversing such a closed area, shall, however, be excluded from the order of
closure, and the closure to entry does not prohibit or curtail the entry or use of the lands
by the owner of the lands or his agent, nor the entry by any federal, state or county officer
upon the closed area in the performance of his official duties. All state and county law
enforcement officers shall enforce the order of closure.
12. Interference Unlawful.
(a) It shall be unlawful for any person or entity to deny access to, interfere with,
prevent, restrict, obstruct, or hinder employees or agents of the San Bernardino County
Fire Protection District acting within the scope of their duty.
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(b) It shall be unlawful for any person to render a system or device inoperative
during an emergency unless by direction of the Fire Chief/Fire Warden, fire code official
or officer of the San Bernardino County Fire Protection District in charge at the scene of
a fire or other emergency.
13. Official Records.
The fire code official shall keep official records as required by Sections 104.6.1
through 104.6.4. Such official records shall be retained for not less than five years or for
as long as the structure or activity to which such records relate remains in existence, or
in accordance with San Bernardino County Fire Protection District Operations Directive
1300 and the Special Districts Records Retention Schedule, whichever is greater.
14. Permits Required.
A permit is required to conduct any operation or business, or to install or modify
systems or equipment regulated under Section 105 of the California Fire Code.
Application shall be made to the fire code official prior to obtaining permits. Permit fees
shall be paid prior to the issuance of the permit.
15. Fees.
(a) Fees shall be required and paid pursuant to a fee schedule established by
action of the Board of Directors for any permit, license, inspection, plan or technical
review, related work or services required pursuant to this Code. Any fees charged shall
not exceed the actual costs of providing said work or services.
(b) Any person who conducts any activity, business, construction, work or use
of equipment or to install or modify systems or equipment requiring a permit pursuant to
Section 105 prior to obtaining said permits shall be subject to an additional fee, which
shall be in addition to the required permit.
16. Applications and Permits – Abandonment, Period of Validity, Expiration and
Extensions.
(a) An application for a permit for any proposed work or operation and its
associated fee shall be deemed to have been abandoned if: (i) the applicant fails to submit
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any required documentation within 180 days after the date application or plans have been
returned by the District for correction; or (ii) the applicant fails to obtain a permit within
180 days after the date the District has approved the application and has sent such
notification of approval to the applicant. The fire code official is authorized to grant one
or more extensions for a period not to exceed 90 days to submit such documentation or
corrections, or to obtain a permit from the District. All requests for extension shall be
made, in writing, by the applicant prior to abandonment and shall provide justifiable cause
to extend the application review period.
(b) Permits issued under the provisions of this Code shall remain in effect as
follows:
(1) Operational permits shall remain in effect for a period of time as
specified in the permit, not to exceed one year from issuance or until revoked.
(2) Construction permits shall automatically expire and become invalid
unless the work authorized by such permit is commenced within 12 months after its
issuance, or if the work authorized by such permit is suspended or abandoned for a period
of 12 months after the time the work is commenced. Suspension or abandonment shall
mean that no inspection by the District has occurred within 12 months of any previous
inspection.
(3) After a construction permit becomes invalid or expired and before
such previously approved work recommences, a new permit shall be first obtained and
the fee to recommence work shall be one half the amount required for a new permit for
such work, provided no changes have been made or will be made in the original
construction documents for such work, and provided further that such suspension or
abandonment has not exceeded one year. Permits which have been expired for one year
or more shall be deemed invalid and will require a new application, payment of fees and
submittal of plans and review.
(4) Notwithstanding any other provision of law, construction permits that
have expired and are renewed are subject to any new applicable codes as would be
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required for a new project.
(c) A permittee holding an unexpired construction permit shall have the right to
apply for an extension of the time within which the permittee will commence work under
that permit when work is unable to be commenced within the time required by this section
for good and satisfactory reasons. The fire code official is authorized to grant, in writing,
one or more extensions of the time period of a permit for periods of not more than 180
days each. Such extensions shall be requested by the permittee in writing and justifiable
cause shall be demonstrated.
17. Permits Not Transferable.
(a) For operational permits, any change in occupancy, operation, tenancy, or
ownership shall require that a new permit be issued.
(b) Pursuant to Business and Professions Code section 7031.5, only a
contractor, licensed by the State of California to perform the type of work proposed in the
permit application, may apply for and be issued a construction permit required pursuant
to Section 105.6 et seq. of the San Bernardino County Fire Protection District Fire Code.
Any change of contractor named to conduct the permitted work shall require that a new
permit be issued.
Exceptions:
1. Owner-Builders intending to occupy the single-family dwelling
in which they obtain a permit to install a fire protection system if they have not constructed
more than two such dwellings in the past year pursuant to Business and Professions
Code Section 7062.12.
2. Public agencies and those public utilities exempted pursuant
to Business and Professions Code section 7040 et seq.
18. Permit Revocation.
The fire code official is authorized to revoke a permit issued pursuant to Section
105 of the San Bernardino County Fire Protection District Fire Code when it is found by
inspection or otherwise that conditions including, but not limited to, any one of the
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following occurred:
(a) The permit is used for a location or establishment other than that for which
it was issued;
(b) The permit is used for a condition or activity other than that listed in the
permit;
(c) Conditions and limitations set forth in the permit have been violated;
(d) There have been any false statements or misrepresentations as to the
material fact in the application for permit or plans submitted or a condition of the permit;
(e) The permit is used by a different person or firm than the name for which it
was issued;
(f) The permittee failed, refused or neglected to comply with orders or notices
duly served in accordance with the provisions of this code within the time provided
therein; or
(g) The permit was issued in error or in violation of any state or federal law,
local ordinance, regulation, this Code.
19. Operation or Construction Without a Permit or With an Expired or Revoked
Permit.
It shall be unlawful for any person to operate or allow the operation of any activity,
business, construction, work or use of equipment or to install or modify systems or
equipment requiring a permit pursuant to Section 105 of the San Bernardino County Fire
Protection District Fire Code when said permits have not been obtained or said permits
have expired or have been revoked.
20. Issuance of Stop Work Orders.
(a) The fire code official is authorized to issue an order requiring any activity,
business, construction, work or use of equipment to immediately cease whenever it is
found that such activity, business, construction, work or use of equipment is being
performed in a manner in violation of this Code or in a dangerous or unsafe manner.
(b) A stop work order shall be issued in writing and shall be given to the
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permittee or his agent, or to the person conducting the activity, business, construction,
work or use of equipment if no permit has been issued. The stop work order shall state
the reason for the order and the conditions under which the stopped activity, business,
construction, work or use of equipment may resume.
(c) A device, tag or seal preventing the use of equipment in violation of this
Code or posing a hazard may be affixed to the equipment at the time a stop work order
is issued.
(d) The fire code official may immediately abate or cause to be abated any
overcrowding situation, or remove or cause to be removed any obstructions in aisles,
passageways or other means of egress, including the cutting or removing of locks, chains
or other means of sealing or blocking exits.
(e) Where an emergency or potential emergency exists, the fire code official
shall not be required to give written notice prior to stopping the work, abating an
overcrowding situation or removing an obstruction that would prevent immediate egress
in the event of an emergency.
(f) Upon issuance of a stop work order, the non-compliant, dangerous or
unsafe activity, business, construction, work or use of equipment, overcrowding situation,
or egress obstruction shall immediately cease or be abated.
21. Failure to Comply with a Stop Work Order.
It shall be unlawful for any person to continue any activity, business, construction,
work or use of equipment after being issued a stop work order, except such work as that
person is directed to perform by the fire code official to remove a violation or unsafe
condition.
22. Service of Notices and Orders.
Notices and Orders issued pursuant to this Code shall be served in the following
manner:
(a) If a permittee or his agent, or the person conducting the activity, business,
construction, work or use of equipment or other responsible party is present at the scene
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of the violation, the notice or order shall be issued by personal service.
(b) If the responsible party is a business, and the business owner is on the
premises, the notice or order shall be personally served to the business owner. If the
business owner is not on the premises and the only responsible party that can be located
is the manager or on-site supervisor, the notice or order may be issued in the name of
the business and a copy given to the manager or on-site supervisor. A copy of the notice
or order shall also be mailed to the business owner by certified mail, return receipt
requested, and by first class mail. If a copy of the notice or order that is sent by certified
mail is returned by the United States Postal Service unsigned or marked “unclaimed”
and/or “refused,” then service by first class mail shall be deemed effective provided it is
also not returned by the United States Postal Service.
(c) If a responsible party cannot be located at the premises or the activity,
business, construction, work or use of equipment is located at an unattended or
abandoned site, then a copy of the notice or order shall be posted in a conspicuous place
on or near the site or equipment, if practicable, and a copy mailed by certified mail, return
receipt requested, and by first class mail, to each responsible party at their last known
addresses as they appear on the last County equalized assessment role, or any other
available public records related to title or ownership of the property or equipment that is
the subject of the notice or order. If the copy of the notice or order sent by certified mail
to a responsible party is returned by the United States Postal Service with the mail receipt
unsigned, or marked “unclaimed” and/or “refused,” then service by first class mail shall
be deemed effective provided it is also not returned by the United States Postal Service.
(d) The failure of any responsible party to receive a copy of the notice or order
shall not affect the validity of the notice or order.
23. Tampering with Notices, Orders or Seals Unlawful.
It shall be unlawful to mutilate, destroy or tamper with or remove without
authorization any notice, order, tag, sign, or seal posted or affixed by the fire code official.
24. Overcrowding Unlawful.
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It shall be unlawful for any person to allow overcrowding or admittance of any
person beyond the approved capacity of a building or portion thereof. The fire code
official, upon finding any overcrowding conditions, shall authorize the event to be stopped
and to cause the removal of excess occupants from the building until such condition is
corrected.
25. Obstructed Egress Unlawful.
It shall be unlawful for any person to obstruct any aisle, passageway or other
means of egress, or to lock, chain, bar or otherwise block any required means of egress.
The fire code official, upon finding any obstructions in aisles, passageways or other
means of egress, shall be authorized to cause the removal of occupants from the building
and the subsequent securing of the building from entry of any authorized person until
such obstruction is corrected.
26. Open Fires and Other Outdoor Fires.
(a) General. It shall be unlawful for any person to kindle, or maintain an open
fire, or for a person to allow an open fire to be kindled or maintained on their property,
except in accordance with the provisions of this Code.
(b) Permit Required. When required by this section, a permit shall be obtained
from the fire code official in accordance with Section 105.6 of this Code prior to kindling
any open fire. Permits shall be issued to the owner of the land on which the fire is to be
kindled or with written permission from the owner.
(c) Prohibited Open Fires and Outdoor Fires. It shall be unlawful to kindle, or
maintain, or to allow to be kindled or maintained the following open fires within the
jurisdiction of the San Bernardino County Fire Protection District:
Exception: The following activities conducted by a law enforcement
or fire department personnel: open fires for the purpose of training, control or prevention of
fire hazards, or disposal of explosives or contraband.
(1) Any open fire that is offensive or objectionable because of smoke
emission, ember production, or when local atmospheric conditions or circumstances
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make such fires hazardous.
(2) Any open or other outdoor fire in which any hazardous waste,
biological or infectious wastes, construction debris, trash, coated or treated wood, plastic,
rubber, or any other manufactured materials or combustible waste materials are burned.
(3) Any open fire using a portable incinerator or “burn barrel” as
prohibited pursuant to Title 17 of the California Code of Regulations, section 93113(c)(2),
metal drums, salvaged appliance parts, or similar devices not intended for use with an
open fire.
(4) Open fires on a No Burn Day as declared by the Air Quality
Management District (AQMD) in which the burning will occur.
(5) Open fires when a Red Flag Warning or Fire Weather Watch is in
effect for the location in which the fire is to be kindled.
(6) Open fires and outdoor fires on any property within a Wildfire Risk
Area as defined in Section 202 of this Code.
Exceptions:
(A) (Agricultural burning or burning of Russian Thistle
(tumbleweeds) in accordance with Rule 444 of the AQMD and when permitted by the fire
code official
(B) Recreational fires, barbecues, and barbecue pits fueled solely
by liquified petroleum gas or natural gas.
(C) Bonfires, barbecues, barbecue pits, and recreational fires
within an organized camp or in non-residential areas with the approval of the fire code
official.
(D) Portable outdoor fire places that have an approved, listed
spark arresting screen covering.
(7) When local sustained winds exceed 10 miles per hour.
(8) Within the boundaries of a State Responsibility Area, including
private property, in violation of any requirements or burn restriction imposed by the
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California Department of Forestry & Fire Protection (Cal Fire).
(9) Within the boundaries of the San Bernardino National Forest,
including private property, in violation of any requirement or burn restriction imposed by
the U.S. Forest Service.
(10) Within the boundaries of the Bureau of Land Management (BLM)
land, including private property, in violation of any requirement or burn restriction imposed
by BLM.
(11) When the fire code official has determined that local atmospheric or
other conditions present an increased risk of an escaping fire or other hazardous
situation.
(d) Extinguishment Authority. The fire code official is authorized to order or
cause the extinguishment of any fire that creates or adds to a hazardous condition,
creates smoke emissions offensive to occupants of surrounding properties, is conducted
without a permit when such a permit is required, or is conducted in violation of such permit
or in violation of this Code.
(e) Specific open fire requirements. Open fires as defined in this Code shall
meet the following requirements.
(1) Agricultural burning, residential burning, and open burning of
Russian Thistle (tumbleweeds).
(A) Prior to applying for a permit to conduct the open fire, any
written authorization or permit required by Rule 444 of the Air Quality Management District
(AQMD) for the area in which the burning will occur must be provided to the fire code
official.
(B) A permit shall be obtained from the fire code official prior to
kindling the fire.
(C) Burning shall only be commenced and shall be completed
within the periods specified in Rule 444 of the AQMD in which the burn will occur.
(D) Fires shall be located according to the following:
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1. Not less than 50 feet from any structure or combustible
materials.
2. At the property for which the permit is issued.
(E) Burn Piles shall be in accordance with the following:
1. Piles shall not exceed 4 feet in width or 4 feet in height.
2. Piles shall be separated by a minimum of 10 feet.
3. Piles shall not be placed in a pit or depression.
(2) Bonfires.
(A) A permit for a bonfire shall be obtained from the fire code
official prior to kindling the fire.
(B) A bonfire shall not be kindled or maintained less than 50 feet
from any structure or combustible materials.
(3) Recreational fires.
(A) Recreational fires shall be maintained a minimum of 25 feet
from a structure or combustible materials.
Exception: Recreational fires fueled solely by liquefied
petroleum gas or natural gas.
(4) Portable outdoor fireplaces.
(A) Portable outdoor fireplaces shall not be kindled or maintained
within 15 feet of a structure or combustible materials.
(B) Portable outdoor fireplaces used within a Wildfire Risk Area
shall have an approved, listed spark arresting screen covering.
(C) Portable outdoor fireplaces shall not be used on any
combustible patio, deck or balcony which is part of a multi-family dwelling such as
apartments, townhomes, or condominiums, unless buildings or overhangs are protected
by an automatic fire sprinkler system.
(5) Barbecues and Barbecue Pits.
(A) Barbecues shall not be operated on combustible decks or
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balconies of a multi-family dwelling such as apartments, townhomes, or condominiums
unless buildings and overhangs are protected by an automatic fire sprinkler system.
Exception: Liquefied petroleum gas fueled cooking devices
when fuel containers have a water capacity not greater than 2 ½ pounds
(B) Barbecue pits shall not be kindled or maintained within 25
feet of a structure or combustible materials.
(f) Attendance. All open fires shall be constantly attended by a responsible
adult, 18 years of age or older, until the fire is completely extinguished. A minimum of
one portable fire extinguisher complying with Section 906 with a minimum 4-A rating or
other approved on-site fire-extinguishing equipment such as dirt or sand with a shovel,
water barrel, hose attached to a working water source, or water truck, shall be available
for immediate utilization.
(g) Hot ash and ember disposal. Hot ashes and embers from any open fire,
barbecue or fireplace shall be placed only in a covered metal or other non-combustible
receptacle after being thoroughly cooled with water. At no time shall ashes or embers be
deposited in the trash or on the ground, or placed on a combustible surface until it is
confirmed that the ashes or embers are no longer hot to the touch. Receptacles containing
hot ashes and ember shall have a minimum required separation distance of 2 feet (610
mm) to buildings or other combustible materials.
27. Explosives, Fireworks, Pyrotechnics, Rockets and Rocket Motors.
(a) It shall be unlawful for any person to manufacture, store, possess, handle,
sell, use, launch or create a public display of any Explosive, Firework, Pyrotechnic,
Rocket or Rocket Motors except in accordance with this Code.
(b) The storage of explosives and blasting agents is prohibited in residential
areas, principal business districts, closely-built commercial areas and heavily-populated
areas, except pursuant to California Fire Code Chapter 56 and as permitted by the San
Bernardino County Sheriff’s Department under Title 4, Division 5 of the San Bernardino
County Code.
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(c) Unless otherwise permitted, the possession, storage, use, sale and
handling of any fireworks is prohibited within the San Bernardino County Fire Protection
District.
Exception: The possession, storage, sale, handling and use of
fireworks complying with California Code of Regulations, Title 19, and labeled “Safe and
Sane” by the California State Fire Marshal, as permitted by local ordinances or Municipal
Codes within incorporated cities or towns.
(d) The fire code official and his designees are authorized to seize, take,
remove or cause to be removed, at the expense of the owner, all stocks of fireworks,
including but not limited to, Division 1.4G consumer fireworks, as classified pursuant to
Title 49 Code of Federal Regulations, possessed, offered or exposed for sale, stored or
held in violation of any state or local laws and ordinances.
(e) The use of model and high-power rockets is prohibited within Wildfire Risk
Areas as defined in San Bernardino County Fire Protection District Fire Code Section 202
(as amended) except as permitted by the San Bernardino County Fire Protection District.
(f) Permits shall be required as set forth in San Bernardino County Fire
Protection District Fire Code section 105.6.15 (as amended) and regulated in accordance
with this section. Permits shall be obtained from the San Bernardino County Fire
Protection District and the San Bernardino County Sheriff's Department in accordance
with Title 4, Division 5, Chapter 2, Section 45.021 of the San Bernardino County Code to:
1. Manufacture, possess, store, sell, display or otherwise dispose of
explosive materials at any location;
2. Transport explosive materials;
3. Use explosive materials;
4. Operate a terminal for handling explosive materials; or
5. Transport blasting caps or electric blasting caps on the same vehicle
with explosives.
(g) Whenever a new explosive material storage or manufacturing site is
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established, including a temporary job site, the local law enforcement agency, fire
department, and local emergency planning committee shall be notified by the person
establishing the site 48 hours in advance, not including Saturdays, Sundays and holidays,
of the type, quantity and location of explosive materials at the site.
(h) The fire code official is authorized to cause to be removed or disposed of
by trained explosives personnel, at the expense of the owner, explosives or explosive
materials offered or exposed for sale, stored, possessed or used in violation of this
chapter.
(i) Prior to conducting a public fireworks display, a permit shall be applied for
as specified in Section 105.5.42 from the San Bernardino County Fire Protection District,
permit fees shall be paid, and plans for the display, inspections of the display site and
demonstrations of the display operations shall be approved. A plan establishing
procedures to follow and actions to be taken in the event that materials fail to ignite,
discharge, or otherwise fail to function over the fallout area shall be provided to the fire
code official.
28. Prohibited Storage of Flammable and Combustible Liquids.
The storage of flammable and combustible liquids in outside above-ground
unprotected tanks and below-grade vaulted tanks is prohibited in all commercial
occupancy areas, developed residential areas, and other areas where the fire code official
determines that the installation of flammable and combustible liquid above-ground
storage tanks or below-grade vaulted tanks will create a hazard to occupants and property
owners in the area. Deviation from these requirements may be allowed only upon specific
documented findings by the fire code official.
29. Prohibited Bulk Storage of Liquefied Petroleum Gases.
The aggregate capacity of any one installation for the bulk storage of liquefied
petroleum gases shall not exceed 2,000 water gallons in residential areas. In non-
residential areas, when, in the opinion of the fire code official, the location of bulk storage
of liquefied petroleum gases would create a threat to the occupants and property owners,
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the aggregate storage capacity of liquefied petroleum gas shall also be limited to 2,000
water gallons. The fire code official shall be guided by the appropriate City or County
Development Code when permitting the storage of liquefied petroleum gas in excess of
2,000 water gallons at any one installation.
30. Prohibited Storage of Flammable Cryogenic Fluids.
Pursuant to Section 5806.2 of the San Bernardino County Fire Protection District
Fire Code, flammable cryogenic fluids shall not be stored, dispensed or used unless a
written plan, submitted by a Fire Prevention Engineer, licensed by the State of California,
detailing engineering controls for preventing fires and explosions is approved by the fire
code official.
31. Transport Vehicles and Trailers Storing Hazardous Materials.
(a) Compliance. Any transport vehicle with a trailer, such as a tank, vessel, or
other container, attached and used for the purposes of storing and transporting hazardous
materials or hazardous waste as defined by this Code, upon being at a facility or property
for more than 30 days, or when such trailer has been detached from its mode of
transportation, or when the driver of such a vehicle is not carrying active shipping papers
as regulated by the California Department of Transportation (DOT) en route to another
destination, shall comply with the provisions of this section.
(b) General. Transport vehicles and trailers that contain less than or equal to
the maximum allowable quantities as set forth in Section 5003 of the San Bernardino
County Fire Protection District Fire Code for each specific material shall comply with the
requirements of Chapter 50 of the San Bernardino County Fire Protection District Fire
Code, as well as any other applicable regulations as part of a facility. Transport vehicles
and trailers that contain more than the maximum allowable quantities as set forth in
Section 5003 for each specific material shall comply with the requirements of Chapter 50
of the San Bernardino County Fire Protection District Fire Code of this Code, as well as
any other applicable regulations relevant to a facility. The use, dispensing and handling
of any hazardous materials from transport vehicle trailers shall be prohibited unless
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approved in writing by the fire code official.
(c) Submittals. Transport vehicles and associated trailers shall comply with
the requirements of Section 5001.5.1 for Hazardous Materials Management Plan (HMMP)
and Section 5001.5.2 for Hazardous Materials Inventory Statement (HMIS) as part of a
regulated facility. These documents shall be submitted to the Office of the Fire Marshal
of the San Bernardino County Fire Protection District.
(d) Prohibited Areas. Transport vehicles or detached trailers storing
hazardous materials shall not be left stationary at any time within 500 feet (152 m) of a
residential area, apartment or hotel complex, educational facility, hospital or care facility.
Transport vehicles and trailers shall not be left unattended at any other place that would,
in the opinion of the fire code official, pose an extreme life safety hazard.
32. Shared Emergency and Fire Apparatus Access Roads.
Emergency and fire apparatus access roads passing through multiple parcels shall
comply with the following requirements:
(a) Each owner of real property through which a shared emergency access
road passes shall record an easement, running with the land, with the deed of each
affected property allowing reciprocal access to and from other properties and for
emergency access.
(b) Each owner of property upon which the easement shall pass shall provide
a notarized covenant agreeing to provide an emergency access road through each
property and to maintain that access road in accordance with the statutes, regulations
and standards applicable at the time the easement was recorded for full term of ownership
of the property.
(c) Each owner of property through which the easement shall pass shall
provide a notarized waiver with the deed releasing the San Bernardino County Fire
Protection District, its successors and the County of San Bernardino of any liability for
any inability to provide fire suppression or emergency medical aid due to lack of access
and shall further stipulate that the San Bernardino County Fire Protection District, its
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successors and the County of San Bernardino shall not be party to any criminal, civil or
administrative action relating to the maintenance of the easement unless the action is
brought forth by the District, its successors, or the County.
33. Violations – General.
It shall be unlawful for any person, firm, partnership, or corporation to violate any
provision or fail to comply with any requirement of this Code or of the provisions of any
code adopted and incorporated by reference by this Code.
34. Continuing Violations.
Each and every day, and any portion of which, any violation of this Code or of the
provisions of any code adopted and incorporated by reference by this Code is committed,
continued, or permitted shall be deemed a new and separate offense and shall be
punishable or actionable as set forth in this Code.
35. Acts Including Causing, Aiding and Abetting.
Whenever in this Code any act or omission is made unlawful, it shall include
causing, permitting, aiding or abetting such act or omission.
36. Enforcement – Purpose and Remedies.
The Board of Directors of the San Bernardino County Fire Protection District has
determined that the enforcement of the Ordinances of the San Bernardino County Fire
Protection District (also known as the San Bernardino County Fire Protection District
Code) throughout the County is an important public service and is vital to the protection
of the public’s health, safety, and quality of life. The Board of Directors has determined
a need for alternative methods of code enforcement and that a comprehensive system is
necessary. At the discretion of the District, violations of this Code may be addressed
through the institution of a criminal action, a civil action, or an administrative action
(administrative citations and penalties) as set forth in this Code.
37. Enforcement Remedies and Penalties are Cumulative and Discretionary; Not
Exclusive.
All remedies and penalties provided for in this Code shall be cumulative and
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discretionary and not exclusive of other applicable provisions of this Code or other
applicable State law. The conviction and punishment (whether by fine, imprisonment, or
both) of any person hereunder pursuant to a criminal action, or the imposition of a
monetary administrative penalty pursuant to an administrative citation, shall not relieve
such person from the responsibility of correcting, removing, or abating the violation; nor
prevent the enforced correction, removal, or abatement thereof by the District, its
employees, agents, or representatives. The correction, removal, or abatement of a
violation begun after the issuance of a criminal citation or the filing of a criminal complaint
shall not be a defense to the infraction or misdemeanor so charged and, following a
conviction or plea of nolo contendere, shall not be grounds for the dismissal of the action
or the waiver, stay, or reduction of any fine established in this Code. Further, the
procedures established in this Code for the use of administrative citations, and the
procedures established in other titles and chapters of this Code for administrative
abatement and summary abatement as means for addressing violations of this Code shall
be in addition to criminal and civil or other legal or equitable remedies established by law
which may be pursued to address violations of this Code. The use of this chapter shall
be at the sole discretion of the District. In the exercise of such discretion in selecting an
appropriate code enforcement remedy, the District shall not be required to institute
available code enforcement remedies in any particular order, or to prefer the application
of one remedy to another.
38. Criminal Actions.
(a) Criminal penalties for violations. Any person violating this Code or of the
provisions of any code adopted and incorporated by reference by this Code, unless as
otherwise specified for certain sections or for sections within a certain chapter, shall be
deemed guilty of an infraction or misdemeanor as hereinafter specified.
(1) Misdemeanor violations. Upon conviction of a misdemeanor, or
upon a plea of nolo contendere (commonly called “no contest”), the penalty shall be a
base fine of not less than $500.00 and not more than $1,000.00, or by imprisonment in
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the County jail for a period of not more than six months, or by both such base fine and
imprisonment. Any court costs that the court may otherwise be required to impose
pursuant to applicable state law or local ordinance shall be imposed in addition to the
base fine.
(2) Infraction violations. Notwithstanding the foregoing, a
misdemeanor violation may be cited, charged, and prosecuted as an infraction. Where so
prosecuted, or where specified in a section or chapter of this Code that the violation of a
certain section or sections shall be an infraction, then that shall be the type of offense and
each such violation shall be punishable, except as otherwise provided herein, upon
conviction or upon a plea of nolo contendere (commonly called “no contest”), by: (1) a
base fine not exceeding $100.00 for a first violation; (2) a base fine not exceeding
$500.00 for a second violation of the same Code section within one year; and (3) a base
fine not exceeding $1,000.00 for each additional violation of the same Code section within
one year of the first violation. Any court costs that the court may otherwise be required
to impose pursuant to applicable state law or local ordinance shall be imposed in addition
to the base fine (Government Code section 25132).
(b) Criminal citations.
(1) If any person is arrested by a District Investigator or any other peace
officer or Enforcement Officer authorized to enforce this Code for a violation of any
provision of this Code, whether punishable as misdemeanor or as an infraction, and such
person is not immediately taken before a magistrate, when authorized by and as more
fully set forth in the Penal Code of California, the arresting officer shall prepare in duplicate
a written notice to appear in Court, containing the name and address of such person, the
offense charged, and the time and place where and when such person shall appear in
Court.
(2) The place specified in the notice to appear shall be the Court of a
magistrate before whom the person would be taken if the requirement of taking an
arrested person before a magistrate were complied with, or shall be an officer authorized
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by such Court to receive a deposit of bail.
(3) The officer shall deliver one copy of the notice to appear to the
arrested person, and the arrested person, in order to secure release, must give his or her
written promise so to appear in court by signing the duplicate notice which shall be
retained by the officer. Thereupon the arresting officer shall forthwith release the person
arrested from custody.
(4) The officer shall, as soon as practicable, file the duplicate notice with
the magistrate specified therein. Thereupon, the magistrate shall fix the amount of bail
which in his or her judgment, in accordance with the provisions of Penal Code section
1275, will be reasonable and sufficient for the appearance of the defendant and shall
endorse upon the notice a statement signed by him or her in the form set forth in Penal
Code section 815a. The defendant may, prior to the date upon which he or she promised
to appear in Court, deposit with the magistrate the amount of bail thus set. Thereafter, at
the time when the case is called for arraignment before the magistrate, if the defendant
shall not appear, either in person or by counsel, the magistrate may declare the bail
forfeited, and may in his or her discretion order that no further proceeding shall be had in
such case.
(5) Upon the making of such order that no further proceedings be had,
all sums deposited as bail shall forthwith be paid into the County Treasury for distribution
pursuant to Penal Code section 1463.
(6) No warrant shall issue on such charge for the arrest of a person who
has given such promise to appear in Court, unless and until he or she has violated such
promise or has failed to deposit bail, to appear for arraignment, trial or judgment, or to
comply with the terms and provisions of the judgment, as required by law.
(7) When a person signs a written promise to appear at the time and
place specified in the written promise to appear, and has not posted bail as provided in
Penal Code section 853.6, the magistrate shall issue and have delivered for execution a
warrant for his or her arrest within 20 days after his failure to appear as promised; or if
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such person promises to appear before an officer authorized to accept bail, other than
the magistrate, and fails to do so on or before the date on which he or she promised to
appear, then, within 20 days after the delivery of such written promise to appear by the
officer to the magistrate having jurisdiction over the offense.
(8) Nothing herein contained shall be deemed or construed to require
any arresting officer to issue a citation instead of taking the person arrested before a
magistrate as otherwise provided by law.
39. Authority to Investigate, Detain, Issue Criminal Citations and Arrest.
(a) District Investigators designated by the Fire Chief/Fire Warden are peace
officers pursuant to California Penal Code section 830.37(a):
(1) District Investigators shall have full peace officer powers pursuant to
that Section and shall investigate the cause, origin and circumstances of any fire,
explosion or other hazardous condition.
(2) District Investigators are authorized to wear and carry authorized
firearms, conduct investigative detentions, issue criminal citations and to make arrests
pursuant to California Penal Code section 836 for any violation of state law, or violations
of this Code or any other referenced code or regulation and to obtain and execute
warrants, and to seize and take charge of all physical evidence relating to the fire cause
or other crime or circumstance being investigated.
40. Civil Actions.
(a) Injunctive relief and abatement. At the request of any person authorized
to enforce this Code, the County Counsel or District Attorney may commence
proceedings for the abatement, removal, correction and enjoinment of any act or omission
that constitutes or will constitute a violation of this Code or of the provisions of any code
adopted and incorporated by reference by this Code or any permit issued pursuant to this
Code, or any condition(s) of approval for such permit granted pursuant thereto, and an
order requiring the violator(s) to pay civil penalties and/or abatement costs. Where
multiple violators are involved, they shall be jointly and severally liable for the civil
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penalties and/or abatement costs.
(b) Civil Remedies and Penalties. Any person, whether acting as principal,
agent, employee, owner, lessor, lessee, tenant, occupant, operator, contractor, or
otherwise, who violates any provision of this Code, or any permit issued pursuant to this
Code or any condition(s) of approval for such permit granted pursuant thereto, shall be
liable for a civil penalty not to exceed one thousand dollars ($1,000.00) per violation for
each day or any portion thereof, that the violation continues to exist. In determining the
amount of civil penalty to be imposed, both as to the daily rate and the subsequent total
amount for any given violation, the court shall consider all relevant circumstances,
including, but not limited to, the extent of the harm caused by the conduct constituting the
violation; the nature and persistence of such conduct; the length of time over which the
conduct occurred or was repeated; the assets, liabilities, and net worth of the violator;
whether the violator is a corporate entity or an individual; and any corrective action taken
by the violator.
(c) Attorney’s fees. In any civil action, administrative proceeding (excluding
administrative citations issued pursuant to Sections 41, 42, 43 or 44), or special
proceeding to abate a public nuisance, whether by seeking injunctive relief and/or an
abatement order, or other order, attorney’s fees may be recovered by the prevailing party
and shall not exceed the amount of reasonable attorney’s fees incurred by the District in
that action or proceeding.
41. Administrative Citations and Penalties - General.
(a) Any violation of this Code or of the provisions of any code adopted and
incorporated by reference by this Code is subject to enforcement through the issuance of
an administrative citation and penalties in accordance with Government Code section
53069.4 and this section. Administrative citations may be issued for any violation of this
Code not occurring in the presence of the District Investigator or Enforcement Officer
issuing the citation where the issuing officer determines through investigation that the
responsible party committed, caused, allowed, or is otherwise responsible for the
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violation. The following procedures shall govern the imposition, enforcement, collection,
administrative review, and judicial review of administrative citations and penalties.
(b) Definitions. For the purposes of this Code, certain words are defined as
follows:
(1) “Abatement costs” shall mean any and all costs or expenses
reasonably related to the abatement or removal of conditions which violate any provision
of this Code or the correction of such violation, and shall include, but not be limited to,
enforcement, investigation, collection, administrative costs, and attorney’s fees.
(2) “Administrative costs” shall mean all costs incurred by or on behalf
of the District from the first discovery of the violation of this Code through the appeal
process and until compliance is achieved, including but not limited to, staff time in
investigating the violation, inspecting the property where the violation occurred, preparing
investigation reports, sending notices, preparing for and attending any appeal hearing,
telephone contacts, and correspondence.
(3) “Administrative citation” shall mean a citation issued pursuant to this
Code, stating that one or more violations of this Code has occurred and stating the
amount of the administrative penalty to be paid by the responsible party.
(4) “Ordinances of the San Bernardino County Fire Protection District,”
and “San Bernardino County Fire Code,” and “this Code” shall mean the Ordinances of
the San Bernardino County Fire District, including all pertinent provisions of state codes
as from time to time adopted and incorporated therein, enacted by the Board of Directors
of the San Bernardino County Fire Protection District, acting pursuant to authority granted
under California Health and Safety Code sections 13861, 13869, and 13869.7; or other
applicable law.
(5) “County” shall mean San Bernardino County and, as it is also known,
the County of San Bernardino, a political subdivision of the State of California, as enacted
by the State Legislature by the Statutes of California passed at the Fourth Session of the
Legislature, Chapter LXXVIII, April 26, 1853.
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(6) “District” shall mean the San Bernardino County Fire Protection
District.
(7) “Enforcement Officer” shall mean any San Bernardino County Fire
Protection District employee, or agent of the County or District with the authority to enforce
any provision of this Code.
(8) “Person” shall mean, without limitation, any government entity,
natural person, firm, association, club, organization, corporation, partnership, business,
business trust, company or other entity, which is recognized by law as the subject of rights
or duties.
(9) “Responsible party,” for the purpose of this Code, shall mean:
(A) Each person, other than a minor, who commits or causes a
violation of any provision of this Code to occur, exist or continue;
(B) Each person who is the parent or legal guardian of the minor
person who commits or causes a violation of any provision of this Code to occur, exist, or
continue;
(C) Each person who has a legal or equitable ownership interest
in any parcel of real property located within the unincorporated area of the County of San
Bernardino, within any political subdivision or district that contracts with the San
Bernardino County Fire Protection District for fire protection and prevention services, or
within those other cities and towns that ratify this ordinance, and who commits, causes,
or otherwise allows the violation of any provision of this Code to occur, exist, or continue
on such parcel; and
(D) Each person who, although not an owner, nevertheless has a
legal right or legal obligation to exercise possession and control over any parcel of real
property located within the unincorporated area of the County of San Bernardino, within
any political subdivision or district that contracts with the San Bernardino County Fire
Protection District for fire protection and prevention services, or within those other cities
and towns that ratify this ordinance, and who commits, causes, or otherwise allows the
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violation of any provision of this Code to occur, exist, or continue on such parcel; and
(E) In addition to the business entity itself, each person who is an
owner of that business entity in those cases in which the commission, occurrence,
existence, or continuation of the violation of any provision of this Code is most reasonably
attributable to that business entity and not to an employee of that business entity.
(c) Content of Citation. The administrative citation shall be issued on a form
approved by the San Bernardino County Fire Protection District in consultation with
County Counsel. The administrative citation form may be tailored to the specific needs of
the San Bernardino County Fire Protection District; however, all administrative citations
shall contain the following information:
(1) The name and mailing address of the responsible party.
(2) The administrative citation shall refer to the date(s) and location of
the violation and the approximate time(s), if applicable, that the violation was observed.
(3) The administrative citation shall identify each violation by the
applicable section number of this Code and by either the section’s title or a brief
descriptive caption; or by reference to the applicable permit describing the condition
violated.
(4) The administrative citation shall describe the action(s) required to
correct the violations.
(5) The administrative citation shall require the responsible party to
immediately correct the violation where appropriate or otherwise indicate a compliance
deadline date and shall explain the consequences of failure to correct the violation.
(6) The administrative citation shall state the amount of the penalty
imposed for the violation. Multiple violations may be listed on the same citation form. In
the event of multiple violations, the administrative citation shall list the penalty amount for
each violation and the total amount of all of the penalties.
(7) The administrative citation shall contain a notation box for the
enforcement officer to indicate whether or not the citation is issued as a “warning only”
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and without penalty. The administrative citation shall also include a notation box that may
be used by the enforcement officer to indicate that the penalty will be waived if the
violation is corrected by the compliance deadline date indicated on the citation form.
(8) The administrative citation shall explain how the penalty shall be paid
and the time period by which it shall be paid, and the consequences of failure to pay the
penalty within this time period.
(9) The administrative citation shall identify all appeal rights and include
instructions on how to appeal the citation.
(10) The administrative citation shall contain the printed name and the
signature of the enforcement officer issuing the citation and, where reasonably possible
to obtain it, the signature of the responsible party (or managing employee if the
responsible party is a business entity), if he or she can be located, as set forth in
subsection (d) below.
(d) Service of Citation.
(1) If the responsible party is present at the scene of the violation, the
enforcement officer shall attempt to obtain his/her signature on the administrative citation
and shall deliver a copy of the administrative citation to him/her.
(2) If the responsible party is a business, and the business owner is on
the premises, the enforcement officer shall attempt to deliver the administrative citation
to the business owner. If the enforcement officer is unable to serve the business owner
on the premises and the enforcement officer can only locate the manager or on-site
supervisor, the administrative citation may be issued in the name of the business and a
copy given to the manager or on-site supervisor. A copy of the administrative citation shall
also be mailed to the business owner by certified mail, return receipt requested, and by
first class mail. If a copy of the administrative citation that is sent by certified mail is
returned by the United States Postal Service unsigned or marked “unclaimed” and/or
“refused”, then service by first class mail shall be deemed effective provided it is also not
returned by the United States Postal Service.
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(3) If a responsible party cannot be located at the property, then a copy
of the administrative citation shall be posted in a conspicuous place on or near that
property, if practicable, and a copy mailed by certified mail, return receipt requested, and
by first class mail, to all responsible parties at their last known addresses as they appear
on the last County equalized assessment role, or any other available public records
related to title or ownership of the property that is the subject of the administrative citation.
If the copy of the administrative citation sent by certified mail to a responsible party is
returned by the United States Postal Service with the mail receipt unsigned, or marked
“unclaimed” and/or “refused”, then service by first class mail shall be deemed effective
provided it is also not returned by the United States Postal Service.
(4) The failure of any responsible party to receive a copy of the
administrative citation shall not affect the validity of the proceedings.
(e) Administrative Penalties
(1) General. Pursuant to California Government Code sections 53069.4
and 25132(c) and unless otherwise provided in this Code, the amount of penalty to be
imposed for a violation of this Code and assessed by means of an administrative citation
shall be one hundred dollars ($100.00) for the first occurrence of a violation; five hundred
dollars ($500.00) for the second occurrence of the same violation; and one thousand
dollars ($1,000.00) for the third and each subsequent occurrence of the same violation.
Notwithstanding this paragraph, the amount of penalty to be assessed by means of an
administrative citation may be established by resolution of the Board of Directors of the
San Bernardino County Fire Protection District.
(2) Multiple Violations. Notwithstanding the tables of administrative
penalties for violations relating to Dangerous Fireworks, Safe and Sane Fireworks, False
and Negligent Alarms and those violations defined as egregious violations, when multiple
violations of this Code or any provision of a code or standards adopted or incorporated
by reference by this Code occur concurrently and are addressed through the
Administrative Citation process pursuant to this section, the fire code official may, at his
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or her discretion, assess administrative penalties in the following manner:
(A) The administrative penalty for the first and second violation
occurring concurrently shall be the full penalty as defined by Section 41(e)(1).
(B) The administrative penalties for the third and subsequent
violations occurring concurrently may be reduced to twenty-five ($25.00) dollars per
violation.
(C) This alternative penalty system shall only apply to the first
occurrence within a one-year period.
(3) Additional Citations. If the violation is not corrected within the time
limits established in this section, then additional administrative citations may be issued
for the same violation. The amount of the penalty shall increase at the rate specified
above.
(A) Payment of the penalty shall not excuse the failure to correct
the violation nor shall it bar further enforcement action by the San Bernardino County Fire
Protection District or any other enforcement agency authorized to issue administrative
citations.
(B) The penalties assessed shall be payable to the District (or to
the District’s designated collection/processing agent), or to any enforcement agency
authorized to issue administrative citations (or to such agency’s designated
collection/processing agent) within 30 calendar days from the date the administrative
citation is issued.
(C) Except as provided below, any person who fails to pay to the
District (or the District’s designated collection/processing agent), or to any enforcement
agency authorized to issue administrative citations (or such agency’s designated
collection/processing agent) any penalty imposed pursuant to the provisions of this Code
on or before the date that the penalty is due shall also be liable for the payment of any
applicable late payment charges as established by the Board of Directors.
(D) The District may collect any past due administrative citation
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penalty or late payment charge by use of any available means, including without
limitation, the recording of a notice of lien, describing the real property affected and the
amount of the costs and administrative citation penalties claimed by the District with the
Office of the County Recorder. The District may transmit notice of the award of abatement
costs and administrative citation penalties, or notice of the judgment thereon arising from
a collection or other legal action, to the Treasurer/Tax Collector who shall place the
amount thereof on the assessment role as a special assessment to be paid with County
taxes, unless sooner paid. The District may also recover its collection costs. A judgment
or award of such costs, penalties or damages may also be enforced in any other manner
provided by law.
(E) The District may also recover its administrative costs incurred
in defending the citation at the appeal hearing.
(F) All administrative citation penalties collected pursuant to
these provisions shall be deposited into specific funds maintained by or on behalf of the
District exclusively for the purpose of funding the enforcement of this Code.
42. Administrative Citations and Penalties – Dangerous Fireworks, and Unlawful
Use of Safe & Sane Fireworks.
(a) This section governs, and applies only to, the imposition and enforcement
of administrative penalties related to the storage, possession, handling, sale, use,
transportation, or public display of those fireworks classified as “Dangerous Fireworks,”
and the unlawful use of Safe and Sane Fireworks.
(b) For the purposes of this Section, the term “Dangerous Fireworks” shall be
defined pursuant to California Health and Safety Code section 12500, et seq. and shall
also include “Safe and Sane” fireworks as defined in California Health and Safety Code
section 12529, which have been modified to act in the same manner as Dangerous
Fireworks.
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(c) The penalties e n u m e r a t e d in this section shall not apply to Law
Enforcement or District personnel acting within the scope of their official duties or to a
pyrotechnic licensee when operating pursuant to that license.
(d) The imposition of administrative penalties related to “Dangerous Fireworks”
under this section shall be limited to persons who store, possess, handle, sell, use,
transport, or publicly display 25 pounds or less (gross weight including packaging) of such
Dangerous Fireworks. Any persons who store, possess, handle, sell, use, transport, or
publicly display over 25 pounds (gross weight including packaging) of such Dangerous
Fireworks may be subject to criminal action.
(e) Administrative penalties collected pursuant to this section related to
“Dangerous Fireworks” shall not be subject to California Health and Safety Code section
12706, which section provides that certain fines collected by a court of the state be
deposited with, and disbursed by, the County Treasurer. However, the District shall
provide cost reimbursement to the State Fire Marshal pursuant to regulations to be
adopted by the State Fire Marshal addressing the State Fire Marshal’s cost for the
transportation and disposal of “Dangerous Fireworks” seized by the District, which costs
will be part of any administrative penalty imposed. Unless and until said regulations have
been adopted by the state of California, the District shall hold in trust two hundred fifty
dollars ($250) of any penalty collected to cover the cost reimbursement to the State Fire
Marshal for said cost of transportation and disposal of the “Dangerous Fireworks.”
(f) Notwithstanding the penalties defined in this Section, administrative
citations issued pursuant to this section shall comply with all the requirements of Section
41 of this Code.
(g) Each person who violates any provision of this Code relating to the storage,
possession, handling, sale, use, transportation, or public display of Dangerous Fireworks
shall be subject to the imposition and payment of an increased administrative penalty as
provided, below:
Administrative Penalties for Dangerous Fireworks
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Number of
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in a 1-Year Period
Amount of
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Penalty
Late
Charge
Total Amount of
Penalty
Plus Late Charge
First $1,250.00 $125.00 $1,375.00
Second $2,250.00 $225.00 $2,475.00
Three or More $3,250.00 $325.00 $3,575.00
(h) Each person who violates any provision of this Code relating to the unlawful
storage, possession, handling, sale, use, transportation, or public display of unmodified
Safe and Sane fireworks shall be subject to the imposition and payment of an increased
administrative penalty as provided in the table below:
Administrative Penalties for Safe and Sane Fireworks
Number of
Occurrences
in a 1-Year Period
Amount of
Administrative
Penalty
Late
Charge
Total Amount of
Penalty
Plus Late Charge
First $150.00 $15.00 $165.00
Second $250.00 $25.00 $275.00
Three or More $350.00 $35.00 $385.00
(i) The issuance of an administrative citation pursuant to this section shall not
preclude the fire code official or any other person authorized to issue an administrative
citation pursuant to this section from seizing any Dangerous Fireworks or unlawfully used
Safe and Sane fireworks pursuant to this Code and California Health and Safety Code
section 12721.
43. Administrative Penalties – Egregious Violations.
(a) Any person who violates Section 20 relating to Stop Work Orders, Section
23 relating to tampering with notices, Section 24 relating to overcrowding, Section 25
relating to obstructed egress, Section 26 relating to unlawful open fires, and Section 27
relating to explosives and pyrotechnics or any other violation of this Code or of the
provisions of any code adopted or incorporated by reference by this Code that is
reasonably determined by the fire code official to present an immediate or potentially
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immediate threat to public safety, shall be subject to the imposition and payment of an
increased administrative penalty as provided in the table below:
Administrative Penalties for Egregious Violations
Number of
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in a 1-Year Period
Amount of
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Penalty
Late
Charge
Total Amount of
Penalty
Plus Late Charge
First $250.00 $25.00 $275.00
Second $750.00 $75.00 $825.00
Three or More $1,250.00 $125.00 $1,375.00
(b) For the purposes of this section, each instance of a violation may be
considered a separate violation subject to a separate penalty. However, multiple
violations cited during a single occurrence or inspection shall not each be considered a
separate occurrence incurring a higher penalty amount. EXAMPLE: During a first
inspection, two required exit doors are found to be chained and the dance hall is
overcrowded. An administrative citation may be issued for three (3) counts of egregious
violations at $250.00 each, rather than three (3) counts each at $250.00, $750.00, and
$1,250.00 respectively.
44. Administrative Remedies and Penalties For Nuisance Fire Alarms.
(a) Any person identified in this section who causes or allows to be caused a
nuisance fire alarm shall be subject to the remedies identified in this Section. For
purposes of this section, a “nuisance fire alarm” is any fire alarm signal that has resulted
in an emergency response where there is no evidence of an actual emergency.
(b) An administrative penalty may be imposed against the owner of a premises
on or in which a nuisance fire alarm has originated, on each occurrence after the third
occurrence at a single premises.
(c) An administrative penalty may be imposed against the owner of a premises
if the owner fails to return proof of service/repair of the equipment within fifteen (15) days
after receiving written notice from the fire code official ordering the correction of a
nuisance fire alarm.
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(d) If the fire code official determines that the nuisance fire alarm was directly
caused by an onsite employee or representative of the fire alarm contractor during the
course of testing, maintenance or repair, the nuisance fire alarm shall be counted against
the owner of the premises.
(e) In lieu of or in addition to the administrative penalties listed above, the fire
code official is authorized to order the owner of a premises to:
(A) Silence an activated fire alarm system, have corrective action taken
and thereafter reset it.
(B) Disconnect or deactivate the fire alarm system until corrective
actions can be taken.
(C) Institute a fire watch pursuant to Section 901.7 of this Code in the
event a fire alarm system is disconnected or deactivated, until corrective action is taken.
The owner is responsible for paying all costs associated with establishing a fire watch.
(f) Notwithstanding the provisions of Section 41 no administrative citation shall
be imposed for the first three (3) nuisance fire alarms at the same premises during each
calendar year.
(g) An occurrence of a nuisance fire alarm shall not result in the imposition of
an administrative penalty if the nuisance fire alarm was caused by the malicious causes
beyond the control of the owner unless the fire code official has given prior written notice
to the owner to provide reasonable safeguards against additional nuisance fire alarms
and the owner has failed to comply with that notice.
(h) Administrative Penalties. Any person who violates any provision of this
section shall be subject to the imposition and payment of an administrative penalty as
provided in the table below:
Administrative Penalties for False or Nuisance Fire Alarms
Number of
Occurrences
in a 1-Year Period
Amount of
Administrative
Penalty
Late
Charge
Total Amount of
Penalty
Plus Late Charge
Four to Five 1 $100.00 $10.00 $110.00
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Six to Seven $200.00 $20.00 $220.00
Eight or More $500.00 $50.00 $550.00
1. This penalty shall also apply to any occurrence of Sections 38(a)(1)(B), 38(a)(1)(c), and 38(a)(2)(B).
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45. Appeal of Administrative Citations.
(a) Notice of Appeal. Any person in whose name an administrative citation
has been issued may appeal the administrative citation by filing a written notice of appeal
with the District. If the District has designated a processing agent, then the responsible
party shall file his/her written notice of appeal with the designated processing agent. The
written notice of appeal must be filed within 20 calendar days of the date the
administrative citation was served in a manner set forth in subsection (d) of this section.
The written notice of appeal shall be filed together with an advance deposit, consisting of
a cashier's check, for the full amount of the penalty stated on the administrative citation;
unless the District has issued an advance deposit hardship waiver. Failure to file a written
notice of appeal within this time period shall constitute a waiver of the right to appeal the
administrative citation.
(b) Advance Deposit Hardship Waiver. Any person intending to appeal an
administrative citation and who is financially unable to make the advance deposit as
required by this section may file a written request for an advance deposit hardship waiver
with the District. A District-approved form shall be made for this purpose. The written
request shall be filed with the District within 10 calendar days of the date the
administrative citation was served.
(c) Advance Deposit Hardship Waiver Evaluation Procedures. The
advance deposit requirement shall be stayed pending a determination by the Fire
Chief/Fire Warden, or the Fire Chief/Fire Warden’s designee, that a waiver shall not be
issued. The Fire Chief/Fire Warden, or the Fire Chief/Fire Warden’s designee, may waive
the advance deposit requirement and issue a waiver only if the person requesting the
waiver submits to the Fire Chief/Fire Warden’s attention a sworn affidavit, together with
any supporting documents or materials, reasonably demonstrating to the Fire Chief/Fire
Warden the person’s actual financial ability to submit the deposit in advance of the appeal
hearing. The filing of a written request for an advance deposit hardship waiver shall not
extend the time limits for appealing an administrative citation. The Fire Chief/Fire
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Warden, or the Fire Chief/Fire Warden’s designee, shall issue a written decision
explaining the reason(s) for not issuing the waiver. The written decision of the Fire
Chief/Fire Warden, or the Fire Chief/Fire Warden’s designee, shall be final. In the event
a waiver is not issued, the person intending to appeal must remit the advance deposit
with a written notice of appeal as herein provided.
(d) Contents of Notice of Appeal. The notice of appeal shall be submitted on
District-approved forms and shall contain the following information:
(1) A brief statement setting forth the appealing person’s (hereinafter
“appellant”) interest in the proceedings;
(2) A brief statement of the material facts which the appellant claims
supports his/her contention that they did not commit, cause, or otherwise allow a violation
of one or more provisions of this Code to occur, exist, or continue as alleged in the
administrative citation at issue; or he/she is not a responsible party as defined at Section
41(b)(9) of this Code.
(3) A mailing address at which the appellant agrees that notice of any
additional proceeding or an order relating to the imposition of an administrative citation
penalty, shall be received and accepted by the appellant by First Class Mail.
(4) The notice of appeal must be signed and dated by the appellant.
(e) Administrative Hearing. The resolution of an appeal of an administrative
citation issued under the authority of this Code shall be by an administrative hearing
conducted according to the procedures set forth in this section. Upon the District’s
designated processing agent’s receipt of a timely, written notice of appeal from the
appellant, an administrative hearing shall be held as follows:
(1) Hearing Date. The date of the hearing shall be set for a date that is
no later than 60 days from the date the notice of appeal is received by the District’s
processing agent.
(2) Notice of Hearing. Notice of the administrative hearing shall be
given to the appellant at least 10 calendar days prior to the hearing. The notice may be
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delivered to the appellant or mailed by first class mail to the address listed in the notice
of appeal. Neither personal service nor service by certified mail shall be required.
(3) Hearing Officer. The administrative hearing shall be held before the
Fire Chief/Fire Warden, or the Fire Chief/Fire Warden’s designee. The Hearing Officer
shall not be the enforcement officer who issued the administrative citation or his/her
immediate supervisor. The Fire Chief/Fire Warden, through the District’s contracting
process, may contract with a qualified provider for administrative processing and
collection services to provide hearing officers to conduct administrative hearings and
process administrative citations, including the collection of payment of administrative
citation penalties.
(4) Conduct of the Hearing.
(A) The Hearing Officer shall not be limited by the technical or
formal rules of evidence. The District shall bear the burden of proof at the administrative
hearing to establish the existence of a violation of this Code by a preponderance of the
evidence. The Hearing Officer shall have the discretion to exclude evidence if its
probative value is substantially outweighed by the probability that its admission will cause
an undue consumption of time. The enforcement officer establishing or confirming the
occurrence or existence of a violation of this Code shall be deemed the complaining or
reporting party. Personal or other identifying information regarding any other reporting
party shall be deemed both irrelevant and subject to the federal and state constitutional
rights of privacy; and, therefore, shall not be subject to review or disclosure.
(B) If the appellant fails to appear at the administrative hearing,
the Hearing Officer shall make his/her determination based on the information contained
in the enforcement officer’s case file and the appellant’s notice of appeal.
(C) Provided that proper notice of the administrative hearing has
been served as required by this or other applicable chapters of this Code, an appellant
who fails to appear at the administrative hearing shall be deemed to have waived each of
the following: the right to such hearing, the adjudication of issues presented at the
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hearing, and any and all rights afforded to the appellant under this Code. The appellant
shall also be deemed to have failed to exhaust his/her administrative remedies.
(D) The only evidence that shall be permitted at the administrative
hearing and considered by the administrative Hearing Officer in reaching a decision, is
that evidence which is relevant to the proof or disproof of:
(i) Ownership of the subject property, when applicable;
(ii) Whether a person noticed by the District as a
responsible party is, in fact, a responsible party;
(iii) Whether a violation of this Code occurred and/or
continues to occur on the date or dates specified in the administrative citation;
(iv) Whether the responsible party has committed, caused,
maintained, or permitted a violation of this Code on the date or dates specified on the
administrative citation.
(f) Hearing Officer’s Decision.
(1) After considering all the testimony and evidence submitted at the
hearing, the Hearing Officer shall promptly issue a written decision (“Administrative
Citation Appeal Ruling”) to uphold or cancel the administrative citation and shall list in the
decision the reasons for that decision.
(2) If the Hearing Officer determines that the administrative citation
should be upheld, then the amount of the penalties set forth in the citation shall not be
reduced or waived for any reason. This subsection shall not apply to “warning only”
administrative citations or to any administrative citation that indicates on its face that the
penalty will be waived if the violation is corrected by the deadline compliance date and
the violation is so corrected.
(3) If the administrative citation has been upheld, the Hearing Officer
may allow payment of the administrative penalty in installments, if an advance deposit
hardship waiver has been issued to the appellant.
(4) If the Hearing Officer overturns the administrative citation, then no
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penalty shall be assessed and any penalty otherwise deposited with the District or its
designated processing/collection agent, shall be promptly refunded to the appellant.
(5) The appellant shall be served with a copy of the hearing officer’s
written decision either at the conclusion of the hearing or sent by First Class Mail within
a reasonable time. The Hearing Officer’s written decision shall become final on the date
of the hearing unless mailed; otherwise it shall become final on the date of mailing.
(6) The Hearing Officer’s written decision shall contain instructions for
obtaining judicial review of the decision pursuant to California Government Code section
53069.4, as that section may be from time to time amended, or the successor provision
thereto.
(7) If the administrative citation is upheld, the Hearing Officer shall also
award the District its enforcement costs and its costs in defense of the citation (including
the actual time spent conducting the hearing). An itemized summary of these costs shall
be presented to the Hearing Officer by the District within 10 days following the Hearing
and mailed to appellant by First Class Mail to the address listed on the Notice of Appeal.
(g) Judicial Review of Administrative Hearing Officer’s Decision.
(1) Notice of Appeal. Within 20 calendar days of the date of the delivery
or mailing of the Hearing Officer’s decision to the appellant, the appellant (hereafter
“contestant”) may contest that decision by filing an appeal to be heard by the Superior
Court, and paying to the court clerk the filing fee set forth at Government Code section
53069.4, or the successor provision thereto. The failure to file the written appeal and to
pay the filing fee within this period shall constitute a waiver of the right to an appeal and
the decision shall be deemed confirmed. The contestant shall serve a copy of the notice
of appeal in person or by first class mail upon the District.
(2) Conduct of the Superior Court Appeal Hearing. The conduct of
the appeal before the Superior Court is a subordinate judicial duty and may be performed
by traffic trial commissioners and other subordinate judicial officers at the direction of the
presiding judge of the superior court. The appeal shall be heard de novo, except that the
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contents of the District’s file in the case shall be received in evidence. A copy of the
document or instrument of the District providing notice of the violation and imposition of
the administrative penalty (i.e., the administrative citation) shall be admitted into evidence
as prima facie evidence of the facts stated therein. The court shall request that the
District’s file in the case be forwarded to the court, to be received within 15 calendar days
of the request.
(3) Judgment. The court shall retain the filing fee regardless of the
outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee
shall be reimbursed to the contestant by the District. Any deposit of the administrative
penalty shall be refunded by the District in accordance with the judgment of the court. If
the administrative penalty has not been deposited and the decision of the court is against
the contestant and in favor of the District, the District may proceed to collect the penalty
pursuant to the procedures set forth in this Code, or in any other manner provided by law.
46. Recording of a Notice of Pendency.
(a) Whenever the District institutes a judicial action or proceeding to enforce
this Code, a Notice of Pendency of the action or proceeding may be filed with the County
Recorder’s Office. The notice may be filed at the time of the commencement of the action
or proceeding, and upon recordation of the notice as provided in this section, shall have
the same effect as a notice recorded in compliance with Section 405.7 of the California
Code of Civil Procedure.
(b) The County Recorder shall record and index the Notice of Pendency of
action or proceeding in the Grantor/Grantee Index.
(c) Any Notice of Pendency of action or proceeding filed in compliance with this
section may, upon motion of a party to the action or proceeding, be vacated upon an
appropriate showing of need therefore by an order of a judge of the court in which the
action or proceeding is pending.
(d) A certified copy of the “Order to Vacate Notice of Pendency” may be
recorded with the County Recorder’s Office, and upon the recordation, the Notice of
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Pendency of the action or proceeding shall not constitute constructive notice of any of the
matters contained therein nor create any duty of inquiry in any person thereafter dealing
with the property described therein.
(e) An “Order to Vacate Notice of Pendency” shall not be appealable, but the
party aggrieved by the order may, within 20 days after service of written notice of the
order, or within additional time not exceeding 20 days as the court may, within the original
20 days allow, but in no event later than 60 days after entry of the order, petition the
proper reviewing court to review the order by writ of mandate.
(f) No “Order to Vacate Notice of Pendency” shall be effective, nor shall it be
recorded with the County Recorder’s Office, until the time within which a petition for the
filing of a writ of mandate has expired in compliance with this section.
47. Filing Notice of Action.
Whenever an enforcement action is initiated and prior to filing a Notice of
Pendency, the District may, pursuant to Government Code section 27280, file with the
County Recorder’s Office a Notice of Action identifying the enforcement action taken for
violation of this Code or other applicable law.
48. Public Nuisance Abatement for Fire Hazards.
Any violation of this Code, the California Fire Code, the San Bernardino County
Fire Protection District Fire Prevention Standards or of the provisions of any code adopted
and incorporated by reference by this Code may be deemed a fire hazard by the fire code
official and acted upon pursuant to the public nuisance abatement provisions of Chapter
5 of Division 3 of Title 2 of the San Bernardino County Code beginning with Section
23.0503.
49. Board of Appeals – Code Application and Interpretations.
(a) In order to hear and decide appeals of orders, decisions or determinations
made by the fire code official relative to the application and interpretation of this Code
(except for administrative citations issued pursuant to Sections 41, 42, 43 and 44), there
shall be two appeals boards, namely the Planning Commission and the Building and
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Safety Board of Appeal.
(b) Limitations on Authority. An application for appeal shall be based on a
claim that the intent of this Code or the rules, standards and interpretations adopted
hereunder have been incorrectly interpreted, the provisions of this Code do not fully apply,
or an equivalent method of protection or safety is proposed. The board shall have no
authority to waive requirements of this Code.
(c) Qualifications. The board of appeals shall consist of members who are
qualified by experience and training to pass judgment on matters pertaining to hazards of
fire, explosion, hazardous conditions or fire protection systems and are not employees of
the fire code official.
(d) Appeals Hearings. Appeals concerning standards of building construction,
electrical work, and all fire protection and detection systems shall be heard by the Building
and Safety Board of Appeals. All other appeals shall be heard by the Planning
Commission. Hearings shall be in accordance with this section.
(e) Request for Hearing. Any person may appeal the District’s interpretation
regarding the provisions of the San Bernardino County Fire Protection District Fire Code
within 15 days after the date such interpretation is rendered, or after enforcement begins.
Unless an imminent hazard to life or property exists, enforcement involving an appealed
interpretation may be suspended until a decision regarding the appeal has been reached.
(f) Hearing Procedures. Within 30 days of the acceptance of an application
for an appeal, the County or City having jurisdiction shall set the matter for hearing and
shall give notice to the appellant, the applicant and to any other party who has requested
in writing to be so notified. During the hearing, witnesses may be sworn in and examined
and evidence produced, and parties may be represented by counsel. The appropriate
appeals board shall keep a record of the proceedings of each hearing and shall issue
written findings and a decision within 15 days of the conclusion of the hearing. A written
copy of the decision shall be mailed to the parties by first class mail, at such addresses
as they have provided.
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(g) Fees and Costs. The District shall act as staff to the Appeals Board, and
for that purpose may determine and set fees to charge an appellant to cover the cost of
preparation of the record for appeal. A summary of costs shall be compiled and sent to
the appellant after all the appeals proceedings have been completed. Any refund due the
appellant shall be returned within 60 days after the summary is sent.
50. Cost Recovery.
Pursuant to California Health and Safety Code sections 11374.5(b)(1), 13009 et
seq., 13916(a), 25259.4, 25514, 25515(a), 25540(a), 25541(a), California Government
Code sections 53150, 53151, 53152, 53159(a) & (b), California Vehicle Code section
23112.7, and all other provisions of law, all costs incurred by the San Bernardino County
Fire Protection District for the inspection and enforcement of any provision of this Code,
the investigation of any fire, explosion or other hazardous condition, the suppression of
fire, the response to a traffic collision or accident, the containment and/or mitigation of a
hazardous materials release, and any rescue or rendering of medical or physical aid or
assistance, may be charged to any responsible party, any person who violates this Code
or any person who, due to a negligent or unlawful act or omission, is responsible for or
requires or causes the emergency response of this District pursuant to a schedule of fees
adopted by the District. Any expense incurred by this District for such an emergency
response shall constitute a debt of such person and shall be collectible by the District in
the same manner as in the case of an obligation under contract, express or implied.
51. Treble Damages.
Upon a second or subsequent civil or criminal judgment for a violation of this Code
within a two-year period, the violator shall be liable to the District for treble the abatement
costs.
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SECTION 3. This ordinance shall take effect 30 days from the date of adoption.
_________________________________
________________, Chair
Board of Directors
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIR OF THE BOARD OF DIRECTORS
__________________________________
LYNNA MONELL, Secretary
to the Board of Directors
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STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN BERNARDINO )
I, LYNNA MONELL, Secretary of the Board of Directors of the San Bernardino
County Fire Protection District, State of California, hereby certify that at a regular meeting
of the Board of Directors of the San Bernardino County Fire Protection District, held on
the ____ day of ________________, 2023, at which meeting were present Directors:
,
and the Secretary, the foregoing ordinance was passed and adopted by the following
vote, to wit:
AYES: DIRECTORS:
NOES: DIRECTORS:
ABSENT: DIRECTORS:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the Board of Directors this ____ day of ___________________, 2023.
LYNNA MONELL, Secretary to the Board of Directors
of the San Bernardino County Fire Protection District
_____________________________
Deputy
Approved as to Form:
TOM BUNTON
County Counsel
By:___________________________
JOLENA E. GRIDER
Deputy County Counsel
Date: _________________________
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01247.0001/894258.1
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE, CALIFORNIA, ADOPTING BY
REFERENCE THE 2022 CALIFORNIA FIRE CODE AS
AMENDED BY SAN BERNARDINO COUNTY FIRE
PROTECTION DISTRICT ORDINANCE NO. 23-01 AND
REPEALING AND REPLACING GRAND TERRACE
MUNICIPAL CODE CHAPTER 15.18 IN ITS ENTIRETY TO
INCORPORATE THE NEW CODE AS AMENDED
WHEREAS, every three years, the State of California through the State Fire
Marshal amends and adopts the California Fire Code; and
WHEREAS, local jurisdictions must enforce the State Code; and
WHEREAS, fire districts may make local code amendments; and
WHEREAS, the San Bernardino County Fire Protection District has responsibility
for enforcement of the California Fire Code within the City of Grand Terrace; and
WHEREAS, the San Bernardino County Fire Protection District has developed
amendments suited to the City’s local conditions; and
WHEREAS, the San Bernardino County Board of Supervisors acting as the Board
of Directors for the San Bernardino County Fire Protection District voted to adopt the 2022
California Fire Code with local amendments on February 28, 2023, pursuant to its
Ordinance No. 23-01; and
WHEREAS, on June 27, 2023 the City Council of the City of Grand Terrace
conducted a duly noticed public hearing at the Grand Terrace City Hall Council Chambers
located 22795 Barton Road on this Ordinance and concluded the hearing that date; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that the above-stated recitals are true and correct
and are incorporated herein by this reference.
SECTION 2. The City Council hereby finds that adoption by reference of the state
Fire Code with local amendments does not constitute a project as defined by the California
Environmental Quality Act Guidelines Section 15378, therefore, no environmental review
is required.
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Ordinance No. Page 2
01247.0001/894258.1
SECTION 3. The City Council hereby adopts by reference the 2022 California Fire
Code as amended by the San Bernardino County Fire Protection District Ordinance No.
23-01. A true and correct copy of the 2022 California Fire Code and Ordinance No. 23-01
are on file with the City Clerk and available for public review.
SECTION 4. Chapter 15.18 (“California Fire Code”) of the Grand Terrace Municipal
Code is hereby repealed in its entirety and replaced to read in its entirety as follows:
“Chapter 15.18 CALIFORNIA FIRE CODE
Section 15.18.010 Adoption of the California Fire Code
The 2022 California Fire Code, with local amendments, as provided in San Bernardino
County Fire Protection District Ordinance No. 23-01, is hereby adopted in its entirety by
this reference and shall be the Fire Code of the City.”
SECTION 5. Penalty Provisions. All violations of Title 15 of the Grand Terrace
Municipal Code shall be punishable pursuant to Chapter 15.04 of Title 15 of the Grand
Terrace Municipal Code (“Chapter 15.04”) and as it may be amended from time to time.
The current text of Chapter 15.04 as of the effective date of this Ordinance is set forth in
full in Exhibit “A” of this Ordinance and is incorporated herein by this reference.
SECTION 6. Any provision of the Municipal Code or appendices thereto
inconsistent with the provisions of the Ordinance, to the extent of such inconsistencies
and no further, are repealed or modified to that extent necessary to affect the provisions
of this Ordinance.
SECTION 7. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held out to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision will not affect the validity of the remaining
portions of this Ordinance. The City Council of the City of Grand Terrace hereby declares
that it would have adopted this Ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more sections, subsection,
sentence clause, phrases or portions be declared valid or unconstitutionally.
SECTION 8. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days
from its adoption.
APPROVED AND ADOPTED this 27th day of June 2023.
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Ordinance No. Page 3
01247.0001/894258.1
____________________
Bill Hussey
Mayor
ATTEST:
_____________________
Debra L. Thomas
City Clerk
APPROVED AS TO FORM:
_____________________
Adrian R. Guerra
City Attorney
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Ordinance No. Page 4
01247.0001/894258.1
EXHIBIT A
CHAPTER 15.04 OF TITLE 15 OF THE GRAND TERRACE MUNICIPAL CODE
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Ordinance No. Page 5
01247.0001/894258.1
Chapter 15.04 - GENERAL PROVISIONS FOR UNIFORM CODES
15.04.010 - Applicability.
The requirements of this Chapter are general in nature and apply to all the provisions in
this Title.
15.04.020 - Substitution of references.
Whenever in any of the codes adopted in this Title there appears a reference to the
following names or terms, those names or terms shall be deemed and construed as
follows:
A. "Administrative Authority," "Building Official," "Electrical Safety Engineer" or any
other similar terms which makes reference to the individual official, board,
department or agency created by law to administer and enforce the provisions of
the code adopted in this Title shall mean the "Director of Building and Safety and
his authorized assistants."
B. "City of" or any similar reference to a political entity means the incorporated
territory of the City.
15.04.030 - Findings.
The City Council finds that these regulations and provisions and those of the codes
adopted in this Title are in compliance with Section 17922 of the Health and Safety Code
of the State of California and that the modifications and changes herein made to the model
codes adopted in this Chapter are necessary due to local conditions. A copy of the
ordinance adopting this provision shall be forwarded to the Department of Housing and
Community Development of the State of California by the City Clerk, and the copy will
serve to satisfy the requirement of filing of findings as stated in Section 17958.7 of the
Health and Safety Code of the State of California.
15.04.040 - Permit fees.
Any and all references to fees in any of the uniform codes adopted in this title are deleted;
such fees shall be set by resolution of the city council.
15.04.050 - Annual permits.
A. Where any person, firm or corporation in the course of normal maintenance
procedures proposes to install, alter or repair any electrical wiring, devices,
appliances, plumbing, drainage systems, septic tanks, seepage pits, leaching
lines, heating, ventilating, refrigeration or water conservation equipment in an
existing facility located on property under the direct control of such person, firm or
corporation and is able to, and does in fact, furnish inspection service which meets
the requirements and rules and regulations of this code, and whose operations are
under the continuous supervision of a professional engineer or engineers, duly
registered with and licensed by the state of California, such person, firm or
corporation shall not be required to obtain approval at each consecutive inspection
step of the installation, alteration or repair but shall be required only to obtain an
annual permit or annual permits and assure that the work in progress is accessible
to the director of building and safety for such periodic inspections as he may deem
necessary.
C.5.b
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Ordinance No. Page 6
01247.0001/894258.1
B. The fee for each separate annual permit (electrical, plumbing, mechanical) shall
be based upon the number of employees doing work in the crafts covered in each
annual permit in accordance with a resolution of the city council.
C. The designated responsible supervising engineer shall file with the building and
safety department a written report specifying the work done under the issued
annual permit. Such written report shall be filed with the department of building
and safety within thirty days following the end of the fiscal year for which the permit
was issued.
15.04.060 - Enforcement—Appeals.
It shall be the duty of the director of building and safety to enforce the provisions of the
Uniform Building Code, National Electrical Code, Uniform Mechanical Code, Uniform
Plumbing Code and Uniform Solar Energy Code, respectively, and to determine the intent
and meaning thereof. Any determination or decision, made by the director of building and
safety, which is in dispute, is subject to review and final decision by the city council or by
a board of appeals as established by Section 204 of the Uniform Building Code, 1979
Edition.
15.04.070 - Soil report.
A. Subdivision maps shall not be given a final approval until a preliminary soil report,
prepared by a civil engineer, registered by the state of California, has been filed
with and approved by the director of building and safety.
B. The preliminary soil report shall indicate the presence, if any, of expansive soils or
any other soil problem which, if not corrected, would lead to structural defects. If
defective soil conditions are indicated, the preliminary report shall include
recommendations for corrective measures intended to prevent structural damage
to buildings erected on the site. Acceptance and approval of these
recommendations shall not preclude the consideration and approval of alternate
methods of correction which may be submitted by any other California-registered
civil engineer when accompanying a permit application for construction of a
specific building or buildings.
C. The preliminary soil report shall be based upon test borings or excavations. The
number of borings or excavations shall be adequate to determine fully the extent
and degree of soil problems, if any, which exist in the proposed subdivision;
provided, however, that not less than three such borings or excavations shall be
required for each report. If critically defective soil conditions are disclosed by initial
borings or excavations, additional borings or excavations shall be made at the
probable building location on each lot or parcel within the subdivision. Appropriate
notations shall be made upon the subdivision map so as to indicate the location
and type of defective soil noted in the preliminary report.
D. The director of building and safety shall approve the preliminary soil report:
1. If no defective soils are present on the site; or
2. If the corrective measures recommended in the report would be likely to
prevent structural damage to any buildings constructed on the site.
C.5.b
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Ordinance No. Page 7
01247.0001/894258.1
E. The preliminary soil report may be waived when the sole purpose of the subdivision
map is to assemble small lots or parcels into larger lots or parcels to define, adjust
or correct property lines of existing subdivisions.
F. The issuance of a building permit for the construction of a building on a lot or parcel
of land which has been found to have defective soils shall be conditioned to the
incorporation of an approved corrective measure intended to prevent structural
damage to the building.
15.04.080 - Water conservation.
Water used as a coolant in any stationary equipment or machinery, or water utilized for
heating or cooling in an industrial process, shall not be wasted but shall be recirculated
and reused. Every evaporative cooler shall be equipped with a circulating pump.
15.04.090 - Deadline for on-site improvements.
On-site improvements required by the terms of Title 18 must be completed or a cash
deposit submitted and approved prior to occupancy or prior to connection of utilities.
15.04.100 - Work started without permit.
Where work for which a permit is required by the codes adopted in this title is started or
proceeded with prior to obtaining the permit, the specified fees shall be doubled, but the
payment of such penalty fee shall not relieve any persons from fully complying with the
requirements of these codes in the execution of the work nor from any other penalties
prescribed in this code; provided, however, that this provision shall not apply to
emergency work when it is proved to the satisfaction of the director of building and safety
that such work was urgently necessary and that it was not practical to obtain a permit
therefor before commencement of the work. In all such cases a permit must be obtained
as soon as it is practical to do so, and if there is an unreasonable delay in obtaining such
permit, a double fee as provided in this section shall be charged. Any section in any of
the codes adopted in this title which is in conflict to this section is repealed.
15.04.110 - Interpretation of minimum requirements.
In interpreting and applying the provisions of this title, its provisions shall be held to be
the minimum requirements for the promotion of public health, safety and general welfare.
15.04.120 - Nuisance abatement.
Any building or structure erected or maintained, or any use of property contrary to the
provisions of this title is a public nuisance and the city attorney shall, upon order of the
director of building and safety, immediately commence an action or actions, proceeding
or proceedings, for the abatement, removal and enjoinment thereof in the manner
provided by law and shall take such steps and shall apply to such court or courts as may
have jurisdiction to grant such relief as will abate or remove such building, structure or
use, and restrain and enjoin any person from erecting or maintaining such building or
structure or using any property contrary to the provisions of this title. It shall be the right
and duty of every citizen to participate and assist the city officials in the enforcement of
the provisions of this title.
C.5.b
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Ordinance No. Page 8
01247.0001/894258.1
15.04.130 - Remedies cumulative.
All remedies provided for in this title shall be cumulative and not exclusive. The conviction
and punishment of any person under this title shall not relieve such person from the
responsibility of correcting prohibited conditions or removing prohibited buildings,
structures or improvements, nor prevent the enforced correction or removal thereof.
15.04.140 - Notice of administrative action.
A notice of pendency of administrative action or proceeding may be filed in the city clerk's
office at the time of commencement of action or proceeding or at any time before final
judgment or order. The city clerk shall record
and index the pendency of action in the name of each person specified in the action or
proceeding. After all required work has been completed and approved, the director of
building and safety shall record in the office of the city clerk a document terminating the
above notice.
15.04.150 - Action by City.
In the event that any person, firm or corporation fails, neglects or refuses to demolish,
remove, abate or correct a structure or condition existing in violation of this Title, upon his
or its property, after a civil court order or criminal conviction obtained pursuant to this
Chapter the City Council may order the Director of Building and Safety to demolish,
remove, abate or correct the offending structure or condition. A statement of the cost of
such work shall be transmitted to the City Council, which shall cause the same to be paid
and levied as a special assessment against the property.
15.04.160 - Violation—Penalty.
Any person, firm or corporation, whether as principal, agent, employee or otherwise,
violating or causing or permitting the violation of any of the provisions of this Title, or of
any permit or exception granted under this Title, is guilty of a misdemeanor and upon
conviction thereof shall be punishable as provided in Chapter 1.16 of this Code. No
suspension of sentence or probation shall be granted to any such violator unless there is
included in the terms thereof that the violator shall comply with the provisions which he
has been convicted of violating and shall abate or correct the illegal condition, alteration,
enlargement, conversion, movement or maintenance of any building established,
constructed, operated or maintained contrary to the provisions of this Code.
C.5.b
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AGENDA REPORT
MEETING DATE: June 27, 2023 Council Item
TITLE: Additional Appropriations for Repair of Storm Drain Crossing
Mt. Vernon Ave. at Van Buren St.
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: 1. Approve additional appropriations in the amount of
$26,200 for the emergency repairs of the storm drain
crossing Mt. Vernon Ave. at Van Buren St.
2030 VISION STATEMENT:
This staff report supports Goal #2 "Maintain Public Safety" by investing in critical
improvements to infrastructure.
BACKGROUND:
In April of 2023, there was significant subsidence of soil and collapse of the storm drain
at the North side of the Van Buren and Mt Vernon intersection. City Council approved
up to $100,000 in funds for the replacement of the failed storm drain.
DISCUSSION:
Once the entire section of the drain was exposed, it was determined that the long-term
failure and extensive rains had caused more damage than originally estimated. There
was significant erosion of the sub-base and liquefaction of the soil supporting the drain.
Eroded sections of the failed drain had also impacted the sewer, water, and natural gas
infrastructure beneath the drain. This required additional base material and compaction
to remediate the condition.
Additional work was also required to replace the top of the catch basin on the east end
of the drain as it appeared to have been damaged by some vehicle contact at some
point in the past and was presenting a safety issue to pedestrians in the area.
Finally, the outflow channel was paved with asphalt to allow for the free flow of water
from the drain and not cause pooling or backups of water in the drain, thereby extending
the life of the drain.
All of the items required immediate remediation and the most efficient and cost-effective
manner to remediate them was to include them within the original scope of work.
Staff is recommending that Council approve the additional appropriations of $26,200.
C.6
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ENVIRONMENTAL IMPACT
None
FISCAL IMPACT:
The additional appropriation of funds will come from General Fund Reserves.
ATTACHMENTS:
• Street and Storm Drain Improvement Invoice (PDF)
• Storm Drain Box Repair Proposal (PDF)
APPROVALS:
Konrad Bolowich Completed 06/21/2023 2:09 PM
Finance Completed 06/21/2023 2:16 PM
City Manager Completed 06/21/2023 3:04 PM
City Council Pending 06/27/2023 6:00 PM
C.6
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C.6.a
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AGENDA REPORT
MEETING DATE: June 27, 2023 Council Item
TITLE: Approval of Five Year CIP (Roads) and Adoption of
Resolution for Measure I Five Year CIP Plan for FY 2023-
2028, and Resolution Adopting List of Projects Funded by
SB 1 in FY 2023-24
PRESENTED BY: Shanita Tillman, Senior Management Analyst
RECOMMENDATION: APPROVE THE FIVE-YEAR (FY 2023-28) CAPITAL
IMPROVEMENT PLAN
ADOPT RESOLUTION OF MEASURE I FIVE-YEAR (FY
2023-28) CAPITAL IMPROVEMENT PLAN
ADOPT RESOLUTION OF PROJECTS FUNDED BY SB 1:
THE ROAD REPAIR AND ACCOUNTABILITY ACT OF
2017 FOR FY 2023-24
2030 VISION STATEMENT:
This staff report supports Goal #1 "Ensure our Fiscal Viability" by identifying additional
revenue sources, and Goal #2 "Maintain Public Safety" by investing in improvements to
public infrastructure.
BACKGROUND:
The SB 1: Road Maintenance and Rehabilitation Account (RMRA) from State
Controller’s Office and the San Bernardino County Transportation Authority provides
funds (Measure I) to local jurisdictions to support road rehabilitation, and
infrastructure relating to local streets.
DISCUSSION:
Five Year CIP Plan
The CIP serves as a comprehensive plan for FY 2023-24 and the four years thereafter
and is of vital importance to the community. The following table is for FY 2023-24 and
the subsequent years can be found as attachment ‘CIP FY 2023/24 through 2027/28
Resurfacing Project’.
2023-24 $1,000,000 DE BERRY ST WEST END EAST END
WHISTLER ST DE BERRY ST CARDINAL ST
C.7
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WREN ST WHISTLER ST OBSERVATION DR
FINCH ST WHISTLER ST OBSERVATION DR
VARIOUS STREET
MAINTENANCE
MEASURE I
The City is projected to receive $343,011 in Measure I funding for the upcoming year.
As part of the Measure I Five Year Plan staff is recommending continuing the Pavement
Management Plan by rehabbing local streets and continuing the maintenance of our city
trees. In addition to our routine projects, staff is recommending Measure I funds be used
for neighborhood street lighting infill by beginning the process of determining locations
that are lacking adequate lighting, installing new street lights and upgrading existing
street lights beginning FY 2024-25.
RMRA
Through SB 1, cities receive additional Gas Tax revenue to address deferred
maintenance of local streets and road systems. The City of Grand Terrace is projected
to receive $318,451 in SB 1 RMRA funds for fiscal year 2023-24.
Each year, an update is provided to the Council to include streets that will be funded by
SB 1. The proposed list of streets to be rehabbed included the following:
Street From To
DE BERRY ST MOUNT VERNON ORIOLE AVE
DE BERRY ST ORIOLE AVE OBSERVATION DR
FISCAL IMPACT:
The actual cost of the street improvements will come to City Council at the time of
contract award. There is sufficient funding in the 2023-24 approved budget.
ATTACHMENTS:
• RMRA Resolution 23-24 (DOCX)
• RMRA Resolution Exhibit A (PDF)
• Five Year CIP (Roads) (PDF)
• City Map CIP 2023-28 (PDF)
• 2024-2028 MICIP Resolution (DOCX)
• 2024-2028 CIP_Report Attachment A (PDF)
C.7
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• 2024-2028 CIP_Expenditure Strategy Attachment B (DOCX)
APPROVALS:
Shanita Tillman Completed 06/16/2023 4:19 PM
Finance Completed 06/19/2023 8:00 AM
City Manager Completed 06/19/2023 11:17 AM
City Council Pending 06/27/2023 6:00 PM
C.7
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RESOLUTION NO._______
RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED
BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017
(Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the
Governor in April 2017 to address the significant multi-modal transportation funding
shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will
ensure the residents of our City of Grand Terrace are aware of the projects proposed for
funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City of Grand Terrace must adopt by resolution a list of projects
proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation
Account (RMRA), created by SB 1, which must include a description and the location of
each proposed project, a proposed schedule for the project’s completion, and the estimated
useful life of the improvement; and
WHEREAS, the City of Grand Terrace, will receive an estimated $318,451 in RMRA
funding in Fiscal Year 2023-24 from SB 1; and
WHEREAS, this is the sixth year in which the City of Grand Terrace is receiving SB
1 funding and will enable the City of Grand Terrace to continue essential road maintenance
and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and
increasing access and mobility options for the traveling public that would not have otherwise
been possible without SB 1; and
WHEREAS, the City of Grand Terrace has undergone a robust public process to
ensure public input into our community’s transportation priorities/the project list; and
WHEREAS, the City of Grand Terrace used a Pavement Management System to
develop the SB 1 project list to ensure revenues are being used on the most high-priority
and cost-effective projects that also meet the communities’ priorities for transportation
investment; and
WHEREAS, the funding from SB 1 will help the City of Grand Terrace maintain and
rehabilitate several streets and add active transportation infrastructure throughout the City
in future years; and
Commented [SAN1]: Opportunity to describe any public input
in project selection
Commented [SAN2]: Include, the extent possible, information
about how the proposed project list was developed.
Commented [SAN3]: At a minimum, provide one or more
statements on the type of projects the city/county intends to fund
(partially or solely) with FY RMRA funding. Any other important
project information may be included in this area.
C.7.a
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WHEREAS, the 2018 California Statewide Local Streets and Roads Needs
Assessment found that the City’s streets and roads are in an “at-risk” condition and this
revenue will help to increase the overall quality of the road system, and over the next
decade will bring City streets and roads into a “good” condition and improve safety and
mobility citywide; and
WHEREAS, the SB 1 project list and overall investment in our local streets and
roads infrastructure with a focus on basic maintenance and safety, investing in complete
streets infrastructure, and using cutting-edge technology, materials and practices, will a
have significant positive impact as since projects would be immensely limited without the
available funding.
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND BY THE CITY
COUNCIL OF THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA, AS
FOLLOWS:
SECTION 1. The City Council finds that the above recitals are true and correct and,
accordingly, are incorporated herein as findings and made a material part of this Resolution.
SECTION 2. The list of proposed streets presented in Exhibit A is hereby approved,
adopted, and funded in-part or solely with fiscal year 2023-24 Road Maintenance and
Rehabilitation Account revenues.
SECTION 3. This Resolution shall go into full force and effect immediately.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution.
PASSED AND ADOPTED by the City Council of the City of Grand Terrace, State of
California this 27 day of June 2023, by the following vote:
Commented [SAN4]: To the extent known, how will the receipt
of the FY RMRA funds improve the overall condition of the
city/county’s existing transportation, infrastructure, safety,
mobility, etc.
Commented [SAN5]: Include a final statement about what the
SB 1 projects mean for your city/county and constituents.
C.7.a
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Street From To L W Area PCI Est. Start Est. Finish Min Life (yrs)Max Life
DE BERRY ST MOUNT VERNON ORIOLE AVE 1090 40 43600 32 2/2024 6/2024 10 15
DE BERRY ST ORIOLE AVE OBSERVATION DR 1800 40 72000 32 2/2024 6/2024 10 15
115,600.
FY 2023-24 Year Est. Grand Total = $299,115
ATTACHMENT A
Year 2023-2024 Pavement Rehabilitation (Grind and Overlay 2" Asphalt Concrete)
C.7.b
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FISCAL YEAR Budget STREET NAME FROM TO
2023-24 $1,000,000 De Berry ST West End East End
Whistler St De Berry ST Cardinal St.
Wren St Whistler St Observation Dr
Finch St Whistler St Observation Dr
Various Street Maintenance
2024-25 $1,000,000 Mt. Vernon Van Buren St De Berry St
Mt. Vernon De Berry St Barton Rd
Mt. Vernon Barton Rd.Brentwood St.
Various Street Maintenance
2025-26 $1,000,000 Mt. Vernon Main St.Pico St
Mt. Vernon Pico St Van Buren St
Main Street West of Michigan St East End
Various Street Maintenance
2026-27 $1,000,000 Barton Rd Mt. Vernon Grand Terrace Rd
Various Street Maintenance
2027-28 $1,000,000 Observation st Palm St Van Buren St
Grand Terrace Newport Ave Barton Rd
Grand Terrace Mt Vernon Barton rd
Various Street Maintenance
CIP FY 2023/24 through 2027/28
RESURFACING PROJECT
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RESOLUTION NO. _
RESOLUTION OF THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA,
ADOPTING THE MEASURE I FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR
FY2023/2024 THROUGH FY2027/2028
WHEREAS, San Bernardino County voters approved passage of Measure I in
November 2004, authorizing the San Bernardino County Transportation Authority to
impose a one-half of one percent retail transactions and use tax applicable in the
incorporated and unincorporated territory of the County of San Bernardino; and
WHEREAS, revenue from the tax can only be used for transportation improvement
and traffic management programs authorized in the Expenditure Plans set forth in
Ordinance No. 04-01 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue
from the Local Street Program to annually adopt and update a Five-Year Capital
Improvement Plan; and
WHEREAS, California Public Utilities Code 190300 and Ordinance No. 04-01 require
each local jurisdiction to maintain General Fund expenditures for transportation-
related construction and maintenance activities at the required Maintenance of Effort
base year level in each fiscal year of the adopted Five-Year Capital Improvement
Plan, which for the City of Grand Terrace is $115,156; and
NOW, THEREFORE, BE IT RESOLVED by the City of Grand Terrace, State
of California, that the Measure I Five-Year Capital Improvement Plan, attached
to this resolution as Exhibit A, is hereby adopted.
PASSED AND ADOPTED at a meeting of the City of Grand Terrace held on June
27, 2023.
_____________________
Bill Hussey, Mayor
ATTEST:
_____________________
Debra Thomas, City Clerk
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Resolution Number:
Resolution Approval Date:
Contact Person/Title:
Phone:
Email:
6/30/23 Carryover Balance $0.00
FY2023/24 Est. Revenue FY2024/25 Est. Revenue FY2025/26 Est. Revenue FY2026/27 Est. Revenue FY2027/28 Est. Revenue Total Est. Rev.
$343,011 $351,116 $361,368 $371,918 $382,775 $1,810,189
Projects:
Pavement Management Program No No 0.0%0.0%$1,000,000 $275,865 $252,928 $255,548 $282,094 $292,308 $1,358,743
Neighborhood Street Lighting Infill No No 0.0%0.0%$1,000,000 $0 $25,000 $55,000 $40,000 $40,000 $160,000
Tree Trimming Program - WCA No No 0.0%0.0%$289,734 $67,146 $73,188 $50,820 $29,824 $20,467 $241,445
Tree Trimming Program 2 No No 0.0%0.0%$50,000 $0 $0 $0 $20,000 $30,000 $50,000
0.0%0.0%$0 $0 $0 $0 $0 $0 $0
0.0%0.0%$0 $0 $0 $0 $0 $0 $0
0.0%0.0%$0 $0 $0 $0 $0 $0 $0
0.0%0.0%$0 $0 $0 $0 $0 $0 $0
0.0%0.0%$0 $0 $0 $0 $0 $0 $0
0.0%0.0%$0 $0 $0 $0 $0 $0 $0
0.0%0.0%$0 $0 $0 $0 $0 $0 $0
0.0%0.0%$0 $0 $0 $0 $0 $0 $0
0.0%0.0%$0 $0 $0 $0 $0 $0 $0
0.0%0.0%$0 $0 $0 $0 $0 $0 $0
0.0%0.0%$0 $0 $0 $0 $0 $0 $0
0.0%0.0%$0 $0 $0 $0 $0 $0 $0
0.0%0.0%$0 $0 $0 $0 $0 $0 $0
0.0%0.0%$0 $0 $0 $0 $0 $0 $0
0.0%0.0%$0 $0 $0 $0 $0 $0 $0
0.0%0.0%$0 $0 $0 $0 $0 $0 $0
0.0%0.0%$0 $0 $0 $0 $0 $0 $0
0.0%0.0%$0 $0 $0 $0 $0 $0 $0
0.0%0.0%$0 $0 $0 $0 $0 $0 $0
0.0%0.0%$0 $0 $0 $0 $0 $0 $0
0.0%0.0%$0 $0 $0 $0 $0 $0 $0
0.0%0.0%$0 $0 $0 $0 $0 $0 $0
0.0%0.0%$0 $0 $0 $0 $0 $0 $0
0.0%0.0%$0 $0 $0 $0 $0 $0 $0
0.0%0.0%$0 $0 $0 $0 $0 $0 $0
0.0%0.0%$0 $0 $0 $0 $0 $0 $0
0.0%0.0%$0 $0 $0 $0 $0 $0 $0
0.0%0.0%$0 $0 $0 $0 $0 $0 $0
$343,011 $351,116 $361,368 $371,918 $382,775 $1,810,188
Total Programming is currently 100%Total Estimated Programming:$1,810,188
Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP
Component?
(Yes/No)
Is the Project on the City's
Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost
stillman@grandterrace-ca.gov
Projects Total:
Grand Terrace
Current
Estimate
Current
Estimate TotalCurrent
Estimate
Current
Estimate
Current
Estimate
(Must not exceed 150% of Carryover Balance +
Total Estimated Revenue)
Jurisdiction:2023-
27-Jun-23
Shanita Tillman
909-954-5191
Measure I Local Pass-through Program
FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2023/2024 thru 2027/2028
Page 1 of 1
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EXHIBIT B (MICIP ATTACHMENT D)
FY2019/2020 to FY2024/2025 MICIP Expenditure Strategy
CITY OF GRAND TERRACE
MEASURE I CAPITAL IMPROVEMENT PLAN
EXPENDITURE STRATEGY
Fiscal Year 2023/2024 to Fiscal Year 2027/2028
The City of Grand Terrace has adopted a Measure I expenditure
strategy that focuses on improvements to existing facilities. The City of
Grand Terrace currently has a carryover balance of over $0 in the
Measure I Local Street Fund and anticpates $343,011 in new revenue for
Fiscal Year 2023/2024.
The City of Grand Terrace is planning to use the funding for slurry and
pavement rehabilitation treatment of City streets, tree trimming
program to increase visibility along roadways, as neighborhood street
lighting infill.
Project goal is to fill in gaps and implement street light spacing in
accordance with current City standards and update existing lighting to
new LED lighting throughout local neighborhoods.
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AGENDA REPORT
MEETING DATE: June 27, 2023 Council Item
TITLE: Treasurer's Report as of March 31, 2023
PRESENTED BY: Christine Clayton, Finance Director
RECOMMENDATION: Receive and file the Treasurer's Report for the period ending
March 31, 2023.
2030 VISION STATEMENT:
This staff report supports Goal #1, “Ensuring Our Fiscal Viability”, through the
continuous monitoring of actual cash on hand, receipts and disbursements incurred
throughout the fiscal year.
BACKGROUND:
The Treasurer’s Report of funds held as cash or invested by the City should be provided
to the governing body periodically.
DISCUSSION:
The purpose of the Treasurer’s Report is to provide the governing body with the
following information:
• Current cash position of the City.
• Identify where all cash is held and, if invested, provide information regarding the
Book Value, PAR Value, Market Value, yield, and maturity:
▪ Book Value is the value of an asset as it is listed in the City’s balance
sheet or statement of financial position. The book value of the City’s cash
is the amount listed in the City’s bank statement as of March 31, 2023,
and recorded in the City’s financial system.
▪ PAR value or face value is the value listed on an invested stock or bond.
Had the City invested the cash in stocks or bonds, the PAR value would
be the current value of the stocks or bonds.
▪ Market value of an investment is the amount that someone will pay for it
now or the sale price. The investment value calculates what the
investment will earn and likely will be worth in the future. Had the City
invested the cash in stocks or bonds, the investment would have both a
PAR value and a Market value.
▪ Yield describes the amount in cash (in percentage terms) in the form of
interest or dividends received from an investment in stocks or bonds.
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▪ Maturity or maturity date refers to the payment date of a financial
instrument (stock, bond, certificate of deposit (CD) at which point
the principal (and all remaining interest) is due to be paid.
▪ The attached Treasurer’s Report as of March 31st indicates book, PAR,
and market value of total cash and investments.
• Show that there are sufficient cash resources to make economic commitments for
the next six months. One way the governing body can monitor the fiscal condition
of the City is to review the cash position. The common benchmark to do this is to
compare the current quarter to the prior quarter and the current quarter to the
same quarter in the prior fiscal year. For the Treasurer’s Report of March 31,
2023, the quarter summary would be compared to December 31, 2022, and the
annual summary would be compared to March 31, 2022. Information on the
benefits of these two cash reporting comparison periods is provided below:
Quarterly Change in Cash Position:
This compares the cash position at the end of a quarter to the end of the prior
quarter. The cyclical nature of revenues to the City versus the relatively constant
nature of expenditures is shown in a quarterly comparison. An example of this would
be property tax revenue of which the majority is received in December and May
versus monthly labor and utility costs. Generally, the cash position tends to decrease
in the first and second quarters of a fiscal year and to increase in the third and fourth
quarters. One-time revenues such as bond proceeds may also be easier to highlight
first in a quarterly change report.
City of Grand Terrace
CHANGE IN TREASURY POSITION
Fiscal Year-to-Date Compared to Previous Quarter
Table 1
Description Dec 31, 2022 Mar 31, 2023 $ Change % Chg
Total Cash and Investments $13,967,591 $14,739,530 $771,939 5.53%
Funds with Fiscal Agent $0 $0 $0
Total $13,967,591 $14,739,530 $771,939 5.53%
• As shown in Table 1 above, the Cash & Investments Report indicates an increase of
approximately $772 thousand. Below are the causes for the increase (revenue
receipts) or decrease (expenditure disbursements) in the City’s cash balance:
➢ Receipt of Property Tax payments of $1.1M
➢ Receipt of License/Permit fees of $165k.
➢ Receipt of $60k in Street Funds
➢ Receipt of $97k in RMRA Funds
➢ Payment of $650k to San Bernardino County Sheriffs
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City of Grand Terrace
CHANGE IN TREASURY POSITION
Fiscal Year-to-Date Compared to Previous Year (Same Quarter)
Table 2
Description Mar 31, 2022 Mar 31, 2023 $ Change % Chg
Total Cash and Investments $13,022,715 $14,739,530 $1,716,815 13.18%
Funds with Fiscal Agent $0 $0 $0 0%
Total $13,022,715 $14,739,530 $1,716,815 13.18%
▪ As shown in Table 2, the current cash position compared to a year ago on March
31, 2022, increased by approximately $1.7 million. The increase in cash for the
quarter ending March 2023 compared to March 2022 was a result of the
American Recovery Plan Act Funds as well as Wastewater Disposal Funds.
Cash Balance by Fund
City of Grand Terrace
CASH BALANCE by FUND
As of March 31, 2023
Table 3
Fund Fund Title Cash Balances
City
09 CHILD CARE CENTER FUND $0
10 GENERAL FUND $3,925,898
11 STREET FUND $724,119
12 STORM DRAIN FUND $292,422
13 PARK FUND $94,819
14 SLESF (AB3229 COPS) $69,828
15 AIR QUALITY IMPROVEMENT FUND $34,445
16 GAS TAX FUND $95,294
17 TRAFFIC SAFETY FUND $20,901
19 FACILITIES FUND $179,830
20 MEASURE "I" FUND $616,711
21 WASTEWATER DISPOSAL FUND $1,613,232
22 CDBG ($23,743)
23 REFUNDABLE DEPOSITS TRUST FUND $932,852
25 SPRING MOUNTAIN RANCH $991,852
26 LNDSCP & LGTG ASSESSMENT DIST $128,125
45 COMMERCE WAY PROJECT $812,534
46 CAPITAL IMPROVEMENTS - STREETS ($554,147)
47 CAP.PRJ. BARTON/COLTON BRIDGE ($24,859)
49 CAPITAL PROJECTS FUND- PARKS $66,965
52 HOUSING AUTHORITY $1,344,373
56 ROAD MAINT & REHAB ACCT FUND $756,334
61 COMMUNITY BENEFITS FUND $71,078
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City of Grand Terrace
CASH BALANCE by FUND
As of March 31, 2023
Table 3
Fund Fund Title Cash Balances
62 LIGHT UP GRAND TERRACE ($9,924)
63 GT ILLEGAL FIREWORKS ENFORCEMENT ($2,276)
64 PUBLIC SAFETY FUND $22,141
65 SENIOR BUS PROGRAM FUND ($3,797)
66 CAL RECYCLE GRANT $21,408
67 PUBLIC, EDUCATIONAL& GOVT ACCESS $126,452
69 COMMUNITY DAY FUND ($388)
70 EQUIPMENT REPLACEMENT RESERVE FUND ($27,663)
74 HIGHWAY SFTY IMPROV PRGRM GRANT ($67,306)
75 EMER MGMT PREP GRANT (EMPG) FUND ($7,157)
76 ENHANCED INFRA FIN DIST (EIFD) FUND ($10,368)
85 NATIONAL OPIOID SETTLEMENT FUND $7,558
90 COVID-19 EMERGENCY FUND $0
91 SB CNTY COVID-19 ALLOC FUND $0
92 CDBG COVID-19 FUND $9,045
93 COVID-19 SB CNTY INFRA ALLOC FND $0
94 AMERICAN RESCUE PLAN ACT (ARPA) FUND $2,495,682
95 DOG PARK ENDOWMENT FUND $19,908
TOTAL CITY $14,742,178
Successor Agency
31 S/A RDA OBLIGATION RETIREMENT FUND $0
32 S/A CAPITAL PROJECTS FUND $0
33 S/A DEBT SERVICE FUND ($4,000)
34 S/A LOW-INCOME HOUSING FUND $0
36 2011 TABS A & B BOND PROCEEDS $1,352
37 S/A CRA PROJECTS TRUST $0
TOTAL SUCCESSOR AGENCY ($2,648)
TOTAL CASH AND INVESTMENTS $14,739,530
The table below and the attached Treasurer’s Report also show that the City of Grand
Terrace (less Successor Agency funds) can meet its expenditure requirements for the
next six months and that sufficient funds are available to meet its operating needs.
CITY OF GRAND TERRACE
CASH AND INVESTMENT REPORT AGAINST ADOPTED BUDGET
As of March 31, 2023
Table 4
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Description Amount
Total Cash and Investments, City $14,742,178
FY2022-23 Adopted Budget $14,216,068
Less: Successor Agency Budget ($0)
Net, City budget $14,216,068
Cash required for six (6) months: ($14,216,068 / 2) $7,108,034
At a cash balance of $14,742,178, the City has sufficient cash to cover
operating expenditures for a six-month period.
As stated earlier in the report, the cash balances shown above are as of a certain date
in time, specifically, March 31, 2023.
FISCAL IMPACT:
The purpose of the Treasurer’s Report is to provide information regarding the current
cash and investment position of the City to the Community Redevelopment Agency.
There is no fiscal impact on receiving and filing the report.
ATTACHMENTS:
• Treasurer's Report- March 2023 (PDF)
APPROVALS:
Christine Clayton Completed 06/13/2023 8:29 AM
Finance Completed 06/13/2023 8:29 AM
City Manager Completed 06/13/2023 9:35 AM
City Council Pending 06/27/2023 6:00 PM
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City of Grand Terrace &
Successor Agency to the CRA of Grand Terrace
Cash & Investment Report
March 31, 2023
City
Successor
Agency Total PAR Market
Yield
(in %)Maturity
California Asset Management Program $4,283,013 $4,283,013 $4,283,013 $4,467,182 4.300%N/A
Multi-Bank Securities, Inc $2,019,857 $2,019,857 $2,019,857 $2,116,608 4.790%N/A
State Treasurer- LAIF: City Account $2,950,798 $2,950,798 $2,950,798 $3,034,335 2.831%N/A
State Treasurer- LAIF: Successor Agency $106,098 $106,098 $106,098 $109,101 2.831%N/A
TOTAL FUNDS IN INVESTMENT POOLS $9,253,667 $106,098 $9,359,765 $9,359,765 $9,727,226
US BANK - Safekeeping- First American Treasury Fund $1,208 $1,208 $1,208 $1,208 0.01%N/A
Bank of America - Savings Acct. - Insured $50,319 $50,319 $50,319 $50,324 0.01%N/A
TOTAL FUNDS OTHER INVESTMENTS $51,527 $0 $51,527 $51,527 $51,532
TOTAL INVESTMENTS $9,305,194 $106,098 $9,411,292 $9,411,292 $9,778,758
Bank of America - Gen. Operating Acct. - Collateralized $4,951,138 $376,443 $5,327,581 $5,327,581 $5,327,581 0.000%N/A
CitiEscrow Client Checking Acct. (Data Ticket)$657 $657 $657 $657 0.000%N/A
Bank of America - Successor Agency Acct. - Insured $0 $0 $0 $0 0.000%N/A
TOTAL CASH $4,951,795 $376,443 $5,328,238 $5,328,238 $5,328,238
INVESTMENTS $9,305,194 $106,098 $9,411,292 $9,411,292 $9,778,758
CASH $4,951,795 $376,443 $5,328,238 $5,328,238 $5,328,238
TOTAL CASH & INVESTMENTS $14,256,989 $482,541 $14,739,530 $14,739,530 $15,106,996
CASH WITH FISCAL AGENT (RESERVE FUNDS)
U.S. Bank - First American Treasury Obligations 2011A TABS $0 $0 $0 $0 $0 0.00%N/A
U. S. Bank - First American Treasury Obligations 2011B TABS $0 $0 $0 $0 $0 0.00%N/A
TOTAL FUNDS WITH FISCAL AGENT $0 $0 $0 $0 $0
TOTAL CASH, INVESTMENTS & CASH WITH FISCAL AGENT $14,256,989 $482,541 $14,739,530 $14,739,530 $15,106,996
96.73%3.27%100.00%
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AGENDA REPORT
MEETING DATE: June 27, 2023 Council Item
TITLE: Professional Service Agreements for on Call Planning and
Environmental Services Between the City of Grand Terrace
and Moore, Iacofano, Goltsman, Inc., Michael Baker
International and Lilburn Corporation
PRESENTED BY: Antonio Lopez, Planning Technician
RECOMMENDATION: 1. Approve Professional Services Agreements Between
the City of Grand Terrace and Moore Iacofano Goltsman,
Inc., Michael Baker International and Lilburn Corporation
(each with 3 year terms), subject to the City Manager’s
approval/negotiation and the City Attorney’s approval as to
form; and
2. Authorize the City Manager to Execute the
Agreements, subject to the City Manager’s
approval/negotiation and the City Attorney’s approval as to
form.
2030 VISION STATEMENT:
This staff report supports Goal #3, Promote Economic Development, specifically
Strategy 3.3 to ensure adequate and creative staffing solutions to facilitate the
entitlement process for new development; and Implementation Strategy 3.3 to ensure
adequate and creative staffing solutions to facilitate the entitlement process for new
development.
BACKGROUND:
Contracting with consulting firms to provide on-call planning and environmental services
provides the City the ability to process development applications more efficiently than
in-house staff given the realities of the City’s staffing resources. When applications for
development are submitted, City Staff will evaluate the project proposals and evaluate
staffing resources and based on the evaluation assign the project to the on-call
consultant.
The consultant would handle all aspects of the work, including reviewing for application
completeness, attending development review meetings, working directly with the
applicant on plan revisions, preparing all notices and staff reports, and presenting at
public hearings. Prior to initiating the work, a project overview meeting would be
conducted by Staff and the consultant.
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For projects that would require the preparation of an environmental initial study or
environmental impact report, staff would first obtain a cost proposal, which would need
to be accepted prior to work commencing. In accordance, with the City’s fee resolution,
the developer would pay the consultant fees through a deposit-based system.
DISCUSSION:
On May 24, 2023, the City sent out a Request for Qualifications (RFQ) to five (5)
consulting firms experienced in planning and environmental services. The RFQ
included the scope of work that the consultant would be required to provide. A copy of
the scope of work is attached.
Staff received responses from Three (3) consulting firms. The responses were reviewed
and rated by Staff. Two (2) firms provide both planning and environmental services, the
other firm (1) primarily provides environmental services.
Considering staffing needs, Staff is recommending that the City Council enter into three-
year contract services with the firms that provide both planning and environmental
services. These three (3) firms have provided these services to other cities and have
also provided staff augmentation services. The three (3) firms are Moore Iacofano
Goltsman, Inc. (MIG), Michael Baker International (MBI) and Lilburn Corporation
FISCAL IMPACT:
There is no fiscal impact related to establishing the on-call planning and environmental
services list. The costs associated with providing development services is borne by the
developer. In the event Staff proposes to use either of these firms for City-projects, Staff
will bring the proposal to the Council for authorization.
ATTACHMENTS:
• RFQ - Planning Env Services 5.24.2023 (002) (PDF)
• MIG On-Call Planning and Environmental Services 2023 (DOCX)
• GT_ Michael Baker On Call Services Agreement#2 (DOCX)
• Lilburn On Call Services Agreement# (DOCX)
APPROVALS:
Antonio Lopez Completed 06/16/2023 11:54 AM
Finance Completed 06/19/2023 8:14 AM
City Manager Completed 06/19/2023 11:17 AM
City Council Pending 06/27/2023 6:00 PM
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Request for Qualifications
to
Establish On-Call Lists for Planning Services and
Environmental Review Services
Issued: May 24, 2023
Responses Due: June 14, by 2:00 p.m. (PDT)
RF4 Contact:
Konrad Bolowich
Planning and Development Services Department
City of Grand Terrace
(909) 954-5175
kbolowich@grandterrace-ca.gov
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Request for Qualifications
Establish On-Call Lists for Planning and Environmental Review Services
Introduction
The City of Grand Terrace Planning and Development Services Department is responsible for
providing planning, economic development, zoning, code enforcement, animal control and
development services. The Department advises, administers and implements policies established
by the Planning Commission and the City Council on matters concerning the orderly growth, and
physical and economic development of the City. The Department processes development cases
and responds to numerous counter and phone inquiries, issues environmental clearances,
monitors and evaluates project entitlement conditions, is responsible for implementation and
updating the City’s General Plan, Zoning Code and Specific Plans, processing of zoning and sign
code enforcement cases, participation in San Bernardino Association of Governments
(SANBAG), comprehensive transportation plan development and participation in the
Greenhouse Gas Reduction Plan.
Background
Grand Terrace is located approximately 60-miles from Los Angeles in the County of San
Bernardino. The City is situated off the I-215 freeway, between the I-10 and the 60 freeways,
encompassing an area of approximately 3.6 square miles. The City has a current population of
12,285. The City was incorporated in 1978 as a general law city, operating under a council/city
manager form of government. The City is comprised of four Council Members (with one seat
currently vacant), elected at large for four-year terms. The Mayor is directly elected for a four-
year term. The City Council appoints the City Manager and City Attorney. The City’s fiscal year
begins on July 1 and ends on June 30.
Scope of Service
From time to time the Planning Division requires additional professional services, environmental
review services and technical expertise either acting as an extension of the City staff for project
management or as an independent technical consultant. The City is issuing this request for
qualifications (RFQ) to identify the consultant(s) who has extensive experiences working with
public entities to provide planning services and environmental review services and to streamline
the Consultant selection process for the provision of these services.
A. Creation of a Planning Services-On-Call Consultant List and Environmental Review
Services On-Call Consultant List:
Statements of Qualifications (SOQ) are to be submitted by consultant in response to the
RFQ. Only firms which respond to the RFQ will be considered for the Planning Services
On-Call List or Environmental Review Services On-Call List or both. The City will use
the On-Call Consultant Lists to select qualified planning and/or environmental review
services consultants on as needed basis. The City intends to contract with at least two
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firms. Once approved by the City Council, the On-Call Lists (List) will be valid for a
three (3) year period.
B. Selection of Firm to Provide Planning Services and/or Environmental Review Services:
As projects are received that require additional professional planning and/or
environmental review services and technical expertise, the City staff will provide a
description of the project and the requested services to at least two firms on the List with
demonstrated expertise in the services requested. Each consultant will in turn provide a
scope of work and a not to exceed cost estimate based upon its fixed fee schedule.
Planning will review the materials received from each consultant to identify the
consultant with the best work plan and budget (selection may not be based on the lowest
budget), and will then negotiate with that consultant to develop a mutually acceptable
professional services agreement. If the City and selected consultant are not able to reach
an agreement, the City will consider the second highest ranked proposal.
Scope of Work
A. Planning Services: Selected consultants for Planning Services shall have demonstrated
expertise in processing applications for various types of projects that include, but not
limited to, residential, commercial, industrial, mixed use and transit-oriented
development. Some applications may require a General Plan Amendment, Zone Change,
establishment of a Planned Development Overlay, etc. Typical and examples of Planning
Services Tasks are:
x Initial Site Assessment
x Review project for completeness and compliance with the General Plan, Zoning
Ordinances, Barton Road Specific Plan (if applicable) Design Guidelines, and all
applicable codes and ordinances
x Prepare letters for Director’s review
x Attend Development Advisory Board meetings for the project
x Coordinate comments from members of the Development Advisory Board
x Meet with applicants
x Coordinate the Project Review with CEQA Review
x Prepare public hearing notices, staff reports, resolutions and conditions of approval
x Attend Planning and/or City Council meetings
x File management for the project
x Plan Check review of projects including, but not limited to construction plans,
grading plan, landscape and irrigation plans, lighting plans, etc. for compliance with
conditions of approval.
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B. Environmental Review Services. Selected consultants for Environmental Review
Services shall have demonstrated expertise in preparing environmental review documents
as required by CEQA that include, but not limited to, one or more of the following
environmental review tasks:
x Initial Site Assessment
x CEQA Initial Study to determine whether project requires EIR, MND, ND, or CE
x Nosie Studies
x Air Quality
x Transportation Studies
x Water Quality/Storm and Wastewater Control Management
x Greenhouse Gas Emission Studies
x Biological and Cultural Resources Studies
x Environmental Mitigation Studies/Reports
x Coordinate and distribute environmental documents and notices
x Mitigation Monitoring
x Preparation of Public Notices
x Presentations at public meetings
x Coordinate the CEQA Review with Project Review
In addition to the above environmental review tasks, the consultant may be assigned to
conduct a peer review of the EIR, MND or ND submitted by the project applicant for a
review of completeness, adequacy and compliance with CEQA.
Statement of Qualifications Format
The Statement of Qualifications must include at a minimum, the following information:
A. A brief description of the consultant’s firm, including the year the firm was established,
the type of organization (partnership, corporation, etc.) and a statement of the firms
qualifications for performing the subject consultant services.
B. A summary of the qualifications and experience of each member proposed to provide
planning services and/or environmental review services.
C. A project summary list with descriptions of the proposed team’s experience relative to
the provision of planning services and/or environmental review services. Emphasis
should be given to work done for public entities.
D. A list of sub-consultants to be used, if any, and their relevant expertise.
E. A list of references of relevant clients, including a contact person with their current
telephone number and email address.
F. A fixed fee schedule that includes the hourly rate and classification of all employees who
would be assigned to the anticipated projects. The fee schedule must be submitted in a
separate sealed envelope and will not be used as part of the evaluation criteria.
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Statement of Qualifications Submittal Requirements
An original, two paper copies and one original copy of the fee schedule in a separate sealed
envelope must be received at City Hall no later than June 14, 2023, at 2:00 p.m. Proposals are
limited to 7 pages, double sided. Late submittals will not be accepted.
Submissions are to be mailed or hand delivered to:
Konrad Bolowich
Planning and Development Services Department
City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313-5295
Evaluation Procedure
City staff will review each Statement of Qualifications (SOQ) for completeness and content.
Each SOQ will be evaluated upon the relevant qualifications and experience of the consultant.
Staff my conduct interviews if necessary. License status and references will also be verified.
The SOQ will focus on upon the following criteria:
A. Organization. Does the firm offer the breadth and quality of services required for the types
of planning services and/or environmental review services listed in the Scope of Work?
Does the firm’s organizational structure show sufficient depth, capacity for its present and
additional workload?
B. Staff: do the qualifications of key personnel to be assigned to the anticipated projects
coincide with the tasks listed in the Scope of Work? Do assigned personnel have requisite
education, experience and professional qualifications?
C. Experience. Has the firm demonstrated the ability to successfully provide services for
projects of a similar complexity and nature described herein?
D. Specific Management Approach. Has the firm described its ability to achieve budget and
project delivery goals for projects of a similar complexity and nature as described in the
Scope of Work?
E. Professional Standing. Are the firm’s references from past clients and associates
favorable? Are deliverables submitted on time and within the budget?
F. Familiarity with Locality. Is the firm familiar with the City and the Inland Empire?
Selection Process
Based on staff recommendation, the City Council will consider approval of the on-call list for the
Planning and Environmental Services On-Call Lists for a three-year period. The City Council
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may select more than one consultant /firm or choose to determine that no SOQ proposal exhibits
adequate qualifications.
Upon selection by the City Council, consultants/firms may or may not be called upon by the City
to provide planning and/or environmental services. During the three-year period, the City will
have the discretion to negotiate with a consultant on the total cost for the consultant services
based upon its fixed fee schedule and the scope of work of the project.
Acceptance or Rejection of Proposal
The City reserves the right to accept or reject any and all proposals. The City also reserves the
right to waive any informality or irregularity in any Qualifications. Additionally, the City may,
for any reason decide not to award an agreement as a result of this RFQ or cancel the RFP
process. The City shall not be obligated to respond to any proposal submitted, nor be legally
bound in any manner by the submission of the proposal. The City reserves the right to negotiate
the project deliverables and associated costs.
Professional Services Agreement
The award of a professional services agreement resulting from the RFQ shall include terms and
conditions similar to those referenced in the City’s standard agreement, which is attached.
Exceptions proposed by the consulting firm, if any, to the terms and conditions included in the
City’s standard agreement should be included in the response. The City reserves the right to
consider any proposed exceptions during its evaluation of the acceptability of a proposal.
Estimated Timeline
x Request for Qualifications Issued May 24, 2023
x Statement of Qualifications Due June 14, 2023
x Interviews (if necessary) Week of June14, 2023
x City Council Approval June 27, 2023
Inquiries
For questions regarding this RFQ, please contact:
Konrad Bolowich
Planning and Development Services Department
City of Grand Terrace
(909) 954-5177
kbolowich@grandterrace-ca.gov
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01247.0005/542758.5 4/17/2019
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF GRAND TERRACE
and
MOORE IACOFANO GOLTSMAN, INCORPORATED
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01247.0005/542758.5 4/17/2019
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AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF GRAND TERRACE AND
MIG
This “AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY
OF GRAND TERRACE AND MOORE IACOFANO GOLTSMAN, INCORPORATED (herein
“Agreement”) is made and entered into this____ day of June 2023 by and between the City of
Grand Terrace, a California municipal corporation (“City”) and Moore Iacofano Goltsman,
Incorporated, a California corporation (“Consultant”). City and Consultant are sometimes
hereinafter individually referred to as “Party” and hereinafter collectively referred to as the
“Parties.”
RECITALS
A. City has sought the performance of the services, defined and described particularly
in Article 1 of this Agreement, pursuant to the City of Grand Terrace Municipal Code.
B. Consultant was selected by the City to perform those services more particularly
described in Article 1 of this Agreement.
C. Pursuant to the City of Grand Terrace Municipal Code, City has authority to enter
into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those
services defined and described particularly in Article 1 of this Agreement and desire that the terms
of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the
Parties and contained herein and other consideration, the value and adequacy of which are hereby
acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide
those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated
herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Consultant represents and
warrants that it has the qualifications, experience, and facilities necessary to properly perform the
services required under this Agreement in a thorough, competent, and professional manner, and is
experienced in performing the work and services contemplated herein. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all services
described herein. Consultant covenants that it shall follow the highest professional standards in
performing the work and services required hereunder and that all materials will be both of good
quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest
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01247.0005/542758.5 4/17/2019
-3-
professional standards” shall mean those standards of practice recognized by one or more first-
class firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement
shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in
accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as
may be required by law for the performance of the services required by this Agreement. Consultant
shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties
and interest, which may be imposed by law and arise from or are necessary for the Consultant’s
performance of the services required by this Agreement, and shall indemnify, defend and hold
harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes,
penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant’s risk until written instructions are
received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish
continuous protection to the work, and the equipment, materials, papers, documents, plans, studies
and/or other components thereof to prevent losses or damages, and shall be responsible for all such
damages, to persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City’s own negligence.
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1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all instruments,
prepare all documents and take all actions as may be reasonably necessary to carry out the purposes
of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of
the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or
make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work,
and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written
approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the
Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty
(180) days, may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively, must be approved by the City Council. It is expressly understood by
Consultant that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to
be provided pursuant to the Scope of Services may be more costly or time consuming than
Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.
City may in its sole and absolute discretion have similar work done by other consultants. No
claims for an increase in the Contract Sum or time for performance shall be valid unless the
procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein
by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other
provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for actual
expenses, shall not exceed Twenty Thousand Dollars ($20,000) (the “Contract Sum”), unless
additional compensation is approved pursuant to Section 1.8.
C.9.b
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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.9.b
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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)
year 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.9.b
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Russel Brady, Director of Planning Services
(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 G. Harold Duffey, City Manager, or such person as may be
designated by the City Manager. It shall be the Consultant’s responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the services and the
Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the approval of the
Contract Officer. The Contract Officer shall have authority, if specified in writing by the City
Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of
this Agreement.
4.4 Independent Contractor.
Neither the City nor any 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
C.9.b
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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:
(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.9.b
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(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
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:
C.9.b
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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
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
C.9.b
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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 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.9.b
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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.9.b
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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.9.b
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Court, venue shall lie exclusively in the Central District of California, in the County of San
Bernardino, State of California.
7.2 Disputes; 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.9.b
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of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any
other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon written notice to Consultant. In addition, the
Consultant may terminate this Contract for cause, upon sixty (60) days’ advance written notice to
City. Upon receipt of any notice of termination, Consultant shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer. Except where the
Consultant has initiated termination, the Consultant shall be entitled to compensation for all
services rendered prior to the effective date of the notice of termination and for any services
authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or
such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event
the Consultant has initiated termination, the Consultant shall be entitled to compensation only for
the reasonable value of the work product actually produced hereunder. In the event of termination
without cause pursuant to this Section, the terminating party need not provide the non-terminating
party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and
prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to
the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such
damages), and City may withhold any payments to the Consultant for the purpose of set-off or
partial payment of the amounts owed the City as previously stated.
7.9 Attorney’s Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such action
or proceeding, in addition to any other relief which may be granted, whether legal or equitable,
shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any
appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable
costs for investigating such action, taking depositions and discovery and all other necessary costs
C.9.b
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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.9.b
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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.9.b
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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.9.b
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01247.0005/542758.5 4/17/2019 19
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
CITY:
City of Grand Terrace, a municipal corporation
_____________________________________
Konrad Bolowich, City Manager
ATTEST:
____________________________________
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
____________________________________
Adrian R. Guerra, City Attorney
CONSULTANT:
Moore Iacofano Goltsman, Incorporated, a
California Corporation
By:
___________________________________
Name: Daniel Iacofano
Title: CEO, President
By:
___________________________________
Name: Carolyn Verheyen
Title: COO, Vice President
Address: 1500 Iowa Avenue, Suite 110
Riverside, CA 92507
_____________________________
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.9.b
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01247.0005/542758.5 4/17/2019
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.9.b
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01247.0005/542758.5 4/17/2019
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.9.b
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01247.0005/542758.5 4/17/2019 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. I. Consultant will perform the following Services:
A. Planning Services: Selected consultants for Planning Services shall have
demonstrated expertise in processing applications for various types of projects that
include, but not limited to, residential, commercial, industrial, mixed use and
transit-oriented development. Some applications may require a General Plan
Amendment, Zone Change, establishment of a Planned Development Overlay, etc.
Typical and examples of Planning Services Tasks are:
i. Initial Site Assessment
ii. Review project for completeness and compliance with the General Plan,
Zoning Ordinances, Barton Road Specific Plan (if applicable) Design
Guidelines, and all applicable codes and ordinances
iii. Prepare letters for Director’s review
iv. Attend Development Advisory Board meetings for the project
v. Coordinate comments from members of the Development Advisory Board
vi. Meet with applicants
vii. Coordinate the Project Review with CEQA Review
viii. Prepare public hearing notices, staff reports, resolutions and conditions of
approval
ix. Attend Planning and/or City Council meetings
x. File management for the project
xi. Plan Check review of projects including, but not limited to construction
plans, grading plan, landscape and irrigation plans, lighting plans, etc. for
compliance with conditions of approval.
B. Environmental Review Services. Selected consultants for Environmental Review
Services shall have demonstrated expertise in preparing environmental review
documents as required by CEQA that include, but not limited to, one or more of the
following environmental review tasks
i. Initial Site Assessment
ii. CEQA Initial Study to determine whether project requires EIR, MND, ND,
or CE
iii. Nosie Studies
iv. Air Quality
v. Transportation Studies
vi. Water Quality/Storm and Wastewater Control Management
vii. Greenhouse Gas Emission Studies
viii. Biological and Cultural Resources Studies
C.9.b
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01247.0005/542758.5 4/17/2019 A-2
ix. Environmental Mitigation Studies/Reports
x. Coordinate and distribute environmental documents and notices
xi. Mitigation Monitoring
xii. Preparation of Public Notices
xiii. Presentations at public meetings
xiv. Coordinate the CEQA Review with Project Review
C. Staff Augmentation with AB 18 and AB 52 Consultation
D. Prepare scope of work, budget, and schedule for assigned projects, to include
project coordination meetings with City Staff and applicant and all public meetings
and hearings.
E. Coordination with applicable agencies, including San Bernardino County
Departments, CalTrans, SCAQMD, Department of Fish and Wildlife, and any other
regulatory or advisory agencies related to project processing.
II. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A. Work products and timelines based on agreed upon scope of work for assigned
projects.
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. Work products and timelines based on agreed upon scope of work for assigned
projects.
IV. All work product is subject to review and acceptance by the City and must be
revised by the Consultant without additional charge to the City until found
satisfactory and accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
A. Pamela Steele, Principal in Charge
B. Russel Brady, Director Planning Services
C. Lisette Sanchez-Mendoza, Senior Associate Planner
D. Kathy Tran, Assistant Planner
E. Duncan Edwards, Assistant Planner
F. Bob Prasse, Project Manager
G. Todd Easley, Director of Biology
H. Betty Kempton, Senior Biologist
I. Chris Dugan, Director of Air Quality and Noise Services
J. Cameron Hile, Senior Analyst
C.9.b
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01247.0005/542758.5 4/17/2019 A-3
K. Deborah Drasler, Senior Planner
L. Casey Howard, Landscape Designer
C.9.b
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01247.0005/542758.5 4/17/2019 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. Section 1.7 (Further Responsibilities of Parties) is hereby amended as follows
(strikethrough represents deleted language while bold italics represents added language):
“(a) Both parties agree to use reasonable care and diligence to perform their
respective obligations under this Agreement. Both parties agree to act in good faith
to execute all instruments, prepare all documents and take all actions as may be
reasonably necessary to carry out the purposes of this Agreement. Unless hereafter
specified, neither party shall be responsible for the service of the other.
(b) In the event that Consultant utilizes a retired annuitant of the California
Public Employees’ Retirement System (“Annuitant”) to perform any services
under this Agreement, Consultant shall ensure that the Annuitant’s performance
of any services under this Agreement is in compliance with all applicable laws,
including, but not limited to, the California Public Employees’ Retirement
System’s (“CalPERS”) rules and regulations governing the hiring of retired
CalPERS annuitants by California cities.”
II. The following Sections are hereby added to Article 2:
2.6 CalPERS Exclusion. Under no circumstances shall any worker be assigned by
Consultant to provide City with continued service in excess of six months in accordance
with California Government Code section 20305. If a person is assigned by Consultant to
perform work for the City on a per diem basis, such person cannot work for City in excess
of 125 days within a calendar year. If a person is contracted to perform work for City by
Consultant, in other than a per diem basis, such person cannot perform work for City in
excess of hours of services within the fiscal year.
2.7 CalPERS Temporary Retired Annuitant. Unless approved by the Contract Officer,
no personnel of Consultant assigned to perform Services under this Agreement shall be a
“retired annuitant” from the California Public Employees Retirement System (CalPERS).
Prior to assigning any personnel of Consultant to perform any work for the City,
Consultant shall identify potential candidates to the Contract Officer that are “retired
annuitants” from CalPERS. If approved by the Contract Officer, under no circumstances
shall a retired annuitant work more than 960 hours within a fiscal year. The compensation
for the retired person shall be an hourly pay rate that is within the salary schedule for the
position and shall not exceed the maximum monthly base salary paid to other employees
performing comparable duties as listed on a publicly available pay schedule divided by
173.333 to equal an hourly rate in accordance with California Government Code section
21224. A retired person appointed pursuant to this Agreement shall not receive any
benefit, incentive, compensation in lieu of benefits, or other form of compensation in
addition to the hourly pay rate. A retired annuitant will not accrue service credit or any
additional retirement rights or benefits.
C.9.b
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01247.0005/542758.5 4/17/2019 B-2
III. Section 5.3 (Indemnification) is hereby amended as follows (strikethrough represents
deleted language while bold italics represents added language):
“5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and
hold harmless the City, its officers, employees and agents (“Indemnified Parties”)
against, and will hold and save them and each of them harmless from, any and all
actions, either judicial, administrative, arbitration or regulatory claims, damages to
persons or property, losses, costs, penalties, obligations, errors, omissions or
liabilities whether actual or threatened (herein “claims or liabilities”) that may be
asserted or claimed by any person, firm or entity arising out of or in connection
with the negligent performance 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
C.9.b
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01247.0005/542758.5 4/17/2019 B-3
part from City’s negligence, except that design professionals’ indemnity hereunder
shall be limited to claims and liabilities arising out of the negligence, recklessness
or willful misconduct of the design professional. The indemnity obligation shall be
binding on successors and assigns of Consultant and shall survive termination of
this Agreement.
(d) Consultant’s services under this Agreement are being provided to the City as that
of an independent contractor. In the event that Consultant or any employee, agent, or
subcontractor of Consultant providing services under this Agreement claims or is
determined by the California Public Employees’ Retirement System (“CalPERS”) or a
court of competent jurisdiction to be classified as other than an independent contractor,
then Consultant shall indemnify, defend, and hold harmless the City, its officers,
employees and agents from any and all assessed fines, penalties, judgments and/or
employer contributions to CalPERS for CalPERS retirement benefits on behalf of
Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual
or entity for which Consultant is legally liable, as well as for the payment of any interest
on such fines, penalties, judgments or CalPERS contributions, including such payments
which would otherwise be the responsibility of the City. Consultant’s obligations under
this Section 5.3(d) shall be in addition to any other obligation of the Consultant to
indemnify, defend, and hold harmless the City, its officers, employees and agents.”
C.9.b
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01247.0005/542758.5 4/17/2019 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. For Services under Exhibit A, Consultant shall be compensated based upon the time
and rates of the personnel performing the tasks and itemizing materials and
equipment utilized and the costs thereof, which shall conform to the requirements
provided in Exhibit A.
III. Within the budgeted amounts for each Task or subtask, 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 $20,000.00 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.9.b
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01247.0005/542758.5 4/17/2019 C-2
EXHIBIT “C-1”
RATE SCHEDULE
Consultant shall perform the Services under Exhibit A based upon an hourly, time, and
materials basis. Consultant shall also be compensated for reimbursements and out of pocket
expenses, provided that City approves such reimbursements and out of pocket expenses in writing.
Consultant’s rates are as follows:
Principal $305.00
Director of Environmental Services / Analyses $225.00
Director of Planning Services $220.00
Director of Air Quality and Noise Services $230.00
Director of Biology $240.00
Senior Project Manager $165.00
Senior Project Planner $200.00
Primary Analyst $140.00
Senior Associate Project Planner $180.00
Assistant Project Planner $120.00
Senior Biologist $160.00
Senior Analyst $140.00
Landscape Designer $120.00
Word Processing $65.00
Reimbursable Expenses
Black/White Prints $0.10/page
Color Prints $1.00/page
11”x17” Color Prints $2.00/page
Postage At Cost
Other Cost plus
10%
Expert Witness Fee
If requested to be an expert witness by the City, the fees for deposition and testimony
will be billed at $350.00/hour.
C.9.b
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01247.0005/542758.5 4/17/2019 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services provided in Exhibit A timely in accordance with
the schedule to be developed by Consultant and subject to the written approval of the
Contract Officer.
II. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
C.9.b
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01247.0005/553342.1 5/8/2019
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF GRAND TERRACE
and
MICHAEL BAKER INTERNATIONAL
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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 __ day of June, 2023 by and between the City of Grand Terrace, a
California municipal corporation (“City”) and Michael Baker International, a California
corporation (“Consultant”). City and Consultant are sometimes hereinafter individually referred to
as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought the performance of the services, defined and described particularly
in Article 1 of this Agreement, pursuant to the City of Grand Terrace Municipal Code.
B. Consultant was selected by the City to perform those services more particularly
described in Article 1 of this Agreement.
C. Pursuant to the City of Grand Terrace Municipal Code, City has authority to enter
into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those
services defined and described particularly in Article 1 of this Agreement and desire that the terms
of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the
Parties and contained herein and other consideration, the value and adequacy of which are hereby
acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide
those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated
herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Consultant represents and
warrants that it has the qualifications, experience, and facilities necessary to properly perform the
services required under this Agreement in a thorough, competent, and professional manner, and is
experienced in performing the work and services contemplated herein. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all services
described herein. Consultant covenants that it shall follow the highest professional standards in
performing the work and services required hereunder and that all materials will be both of good
quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest
C.9.c
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professional standards” shall mean those standards of practice recognized by one or more first-
class firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement
shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in
accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as
may be required by law for the performance of the services required by this Agreement. Consultant
shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties
and interest, which may be imposed by law and arise from or are necessary for the Consultant’s
performance of the services required by this Agreement, and shall indemnify, defend and hold
harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes,
penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant’s risk until written instructions are
received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish
continuous protection to the work, and the equipment, materials, papers, documents, plans, studies
and/or other components thereof to prevent losses or damages, and shall be responsible for all such
damages, to persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City’s own negligence.
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1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all instruments,
prepare all documents and take all actions as may be reasonably necessary to carry out the purposes
of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of
the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or
make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work,
and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written
approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the
Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty
(180) days, may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively, must be approved by the City Council. It is expressly understood by
Consultant that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to
be provided pursuant to the Scope of Services may be more costly or time consuming than
Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.
City may in its sole and absolute discretion have similar work done by other consultants. No
claims for an increase in the Contract Sum or time for performance shall be valid unless the
procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein
by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other
provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for actual
expenses, shall not exceed the amounts set forth in Exhibit “C” (the “Contract Sum”), unless
additional compensation is approved pursuant to Section 1.8.
C.9.c
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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.9.c
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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:
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Emily Eilliot, AICP, 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 G. Harold Duffey, City Manager, or such person as may be
designated by the City Manager. It shall be the Consultant’s responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the services and the
Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the approval of the
Contract Officer. The Contract Officer shall have authority, if specified in writing by the City
Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of
this Agreement.
4.4 Independent Contractor.
Neither the City nor any 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
C.9.c
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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:
(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.
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(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
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:
C.9.c
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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
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
C.9.c
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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
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.9.c
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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.9.c
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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.9.c
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Court, venue shall lie exclusively in the Central District of California, in the County of San
Bernardino, State of California.
7.2 Disputes; 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.9.c
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of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any
other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon written notice to Consultant. In addition, the
Consultant may terminate this Contract for cause, upon sixty (60) days’ advance written notice to
City. Upon receipt of any notice of termination, Consultant shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer. Except where the
Consultant has initiated termination, the Consultant shall be entitled to compensation for all
services rendered prior to the effective date of the notice of termination and for any services
authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or
such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event
the Consultant has initiated termination, the Consultant shall be entitled to compensation only for
the reasonable value of the work product actually produced hereunder. In the event of termination
without cause pursuant to this Section, the terminating party need not provide the non-terminating
party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and
prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to
the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such
damages), and City may withhold any payments to the Consultant for the purpose of set-off or
partial payment of the amounts owed the City as previously stated.
7.9 Attorney’s Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such action
or proceeding, in addition to any other relief which may be granted, whether legal or equitable,
shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any
appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable
costs for investigating such action, taking depositions and discovery and all other necessary costs
C.9.c
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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.9.c
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01247.0005/553342.1 5/8/2019
-17-
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.9.c
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01247.0005/553342.1 5/8/2019
-18-
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.9.c
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01247.0005/553342.1 5/8/2019 19
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
CITY:
City of Grand Terrace, a municipal corporation
_____________________________________
Konrad Bolowich, City Manager
ATTEST:
____________________________________
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
____________________________________
Adrian R. Guerra, City Attorney
CONSULTANT:
Michael Baker International, a California
Corporation
By:
___________________________________
Name: Tanya Bilezikjian, P.E. ENV SP
Title: Office Executive, Vice President
By:
___________________________________
Name: Pete Minegar, AICP
Title: Office Executive, Vice Pesident
Address: 3536 Concours Street, Suite 100
Ontario, CA 91764
_____________________________
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.9.c
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01247.0005/553342.1 5/8/2019
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.9.c
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01247.0005/553342.1 5/8/2019
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.9.c
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01247.0005/553342.1 5/8/2019 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will provide on-call planning and environmental services to the City
(“Services”). Depending on the needs of each individual project, the Services more
specifically may include, but are not limited to, the following:
A. Planning Services including, but not limited to:
i. Initial Site Assessment
ii. Review project for completeness and compliance with the General Plan,
Zoning Ordinances, Barton Road Specific Plan (if applicable) Design
Guidelines, and all applicable codes and ordinances
iii. Prepare letters for Director’s review
iv. Attend Development Advisory Board meetings for the project
v. Coordinate comments from members of the Development Advisory Board
vi. Meet with applicants
vii. Coordinate the Project Review with CEQA Review
viii. Prepare public hearing notices, staff reports, resolutions and conditions of
approval
ix. Attend Planning and/or City Council meetings
x. File management for the project
xi. Plan Check review of projects including, but not limited to construction
plans, grading plan, landscape and irrigation plans, lighting plans, etc. for
compliance with conditions of approval.
B. Environmental Review Services, including, but not limited to:
i. Initial Site Assessment
ii. CEQA Initial Study to determine whether project requires EIR, MND, ND,
or CE
iii. Nosie Studies
iv. Air Quality
v. Transportation Studies
vi. Water Quality/Storm and Wastewater Control Management
C.9.c
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01247.0005/553342.1 5/8/2019 A-2
vii. Greenhouse Gas Emission Studies
viii. Biological and Cultural Resources Studies
ix. Environmental Mitigation Studies/Reports
x. Coordinate and distribute environmental documents and notices
xi. Mitigation Monitoring
xii. Preparation of Public Notices
xiii. Presentations at public meetings
xiv. Coordinate the CEQA Review with Project Review
C. Staff Augmentation with AB 18 and AB 52 Consultation
D. Prepare scope of work, budget, and schedule for assigned projects, to include
project coordination meetings with City Staff and applicant and all public meetings
and hearings.
E. Coordination with applicable agencies, including San Bernardino County
Departments, CalTrans, SCAQMD, Department of Fish and Wildlife, and any other
regulatory or advisory agencies related to project processing.
F. Assist City staff on City-initiated projects, as approved by the Contract Officer.
II. The Consultant has been selected to provide the Services which will be readily
available when needed for the fixed rates set forth in Exhibit C. However, before any
work is performed, the Consultant must provide a specific written Task Proposal for
any requested Services and get written approval of the terms of the Task Proposal
from the City, as such process is more fully described in the Work Request Procedure
below in Section III. Unless specifically defined, each category or type of work listed
in Exhibit C shall be construed broadly to include all services customarily described
under such category or type.
III. Work Request Procedure
A. Each task to be performed shall be set forth in a written request (“Request”)
produced by the Contract Officer with a description of the work to be performed,
and the time desired for completion. All tasks shall be carried out in conformity
with all provisions of this Agreement.
B. Following receipt of the Request, the Consultant shall prepare a “Task Proposal”
that includes the following components:
(1) a written description of the requested task (“Task Description”) including
all components and subtasks, and including any clarifications of the
descriptions provided in the Request;
(2) the costs to perform the task (“Task Budget”);
C.9.c
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01247.0005/553342.1 5/8/2019 A-3
(3) an explanation of how the cost was determined; and
(4) a schedule for completion of the task (“Task Completion Schedule”),
including a final completion date (“Task Completion Date”).
C. Contract Officer shall approve, modify, or reject the Task Proposal in writing, and
issue a Notice to Proceed when a written agreement has been reached on the Task
Proposal.
D. The task shall be performed at a cost not exceeding the Task Budget.
E. Consultant shall complete the task and deliver all deliverables to Contract Officer
by the Task Completion Date and in accordance with the Task Completion
Schedule.
IV. Consultant acknowledges that City has no obligation to request work from
Consultant under this Agreement. City may establish a rotation schedule with
multiple consultants, and may seek competing Task Proposals.
V. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City appraised of the status of performance by delivering
the following status reports:
A. Consultant shall provide to City a weekly written summary of progress on all
approved Task Proposals for services lasting longer than one week.
VI. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A. Work products and timelines based on agreed upon scope of work for assigned
projects.
VII. All work product is subject to review and acceptance by the City, and must be revised
by the Consultant without additional charge to the City until found satisfactory and
accepted by City.
VIII. Consultant will utilize the following personnel to accomplish the Services:
A. Emily Elliot, AICP, Principal
B. Elizabeth Meyerhoff, Project Manager, Lead Environmental
C. Alicia Gonzalez, QA/QC
D. Tamara Harrison, Project Manager Lead Planning
E. Technical Leads
F. Senior-Planner/Technical-Specialist/Associate-Planner/Environmental
Specialist/GIS-Analyst/Graphic-Artist/ Editor
C.9.c
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01247.0005/553342.1 5/8/2019 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. Section 1.7 (Further Responsibilities of Parties) is hereby amended as follows
(strikethrough represents deleted language while bold italics represents added language):
“(a) Both parties agree to use reasonable care and diligence to perform their
respective obligations under this Agreement. Both parties agree to act in good faith
to execute all instruments, prepare all documents and take all actions as may be
reasonably necessary to carry out the purposes of this Agreement. Unless hereafter
specified, neither party shall be responsible for the service of the other.
(b) In the event that Consultant utilizes a retired annuitant of the California
Public Employees’ Retirement System (“Annuitant”) to perform any services
under this Agreement, Consultant shall ensure that the Annuitant’s performance
of any services under this Agreement is in compliance with all applicable laws,
including, but not limited to, the California Public Employees’ Retirement
System’s (“CalPERS”) rules and regulations governing the hiring of retired
CalPERS annuitants by California cities.”
II. The following Sections are hereby added to Article 2:
2.6 CalPERS Exclusion. Under no circumstances shall any worker be assigned by
Consultant to provide City with continued service in excess of six months in accordance
with California Government Code section 20305. If a person is assigned by Consultant to
perform work for the City on a per diem basis, such person cannot work for City in excess
of 125 days within a calendar year. If a person is contracted to perform work for City by
Consultant, in other than a per diem basis, such person cannot perform work for City in
excess of hours of services within the fiscal year.
2.7 CalPERS Temporary Retired Annuitant. Unless approved by the Contract Officer,
no personnel of Consultant assigned to perform Services under this Agreement shall be a
“retired annuitant” from the California Public Employees Retirement System (CalPERS).
Prior to assigning any personnel of Consultant to perform any work for the City,
Consultant shall identify potential candidates to the Contract Officer that are “retired
annuitants” from CalPERS. If approved by the Contract Officer, under no circumstances
shall a retired annuitant work more than 960 hours within a fiscal year. The compensation
for the retired person shall be an hourly pay rate that is within the salary schedule for the
position and shall not exceed the maximum monthly base salary paid to other employees
performing comparable duties as listed on a publicly available pay schedule divided by
173.333 to equal an hourly rate in accordance with California Government Code section
21224. A retired person appointed pursuant to this Agreement shall not receive any
benefit, incentive, compensation in lieu of benefits, or other form of compensation in
addition to the hourly pay rate. A retired annuitant will not accrue service credit or any
additional retirement rights or benefits.
C.9.c
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III. Section 5.3 (Indemnification) is hereby amended as follows (strikethrough represents
deleted language while bold italics represents added language):
“5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and
hold harmless the City, its officers, employees and agents (“Indemnified Parties”)
against, and will hold and save them and each of them harmless from, any and all
actions, either judicial, administrative, arbitration or regulatory claims, damages to
persons or property, losses, costs, penalties, obligations, errors, omissions or
liabilities whether actual or threatened (herein “claims or liabilities”) that may be
asserted or claimed by any person, firm or entity arising out of or in connection
with the negligent performance 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
C.9.c
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01247.0005/553342.1 5/8/2019 B-3
part from City’s negligence, except that design professionals’ indemnity hereunder
shall be limited to claims and liabilities arising out of the negligence, recklessness
or willful misconduct of the design professional. The indemnity obligation shall be
binding on successors and assigns of Consultant and shall survive termination of
this Agreement.
(d) Consultant’s services under this Agreement are being provided to the City as that
of an independent contractor. In the event that Consultant or any employee, agent, or
subcontractor of Consultant providing services under this Agreement claims or is
determined by the California Public Employees’ Retirement System (“CalPERS”) or a
court of competent jurisdiction to be classified as other than an independent contractor,
then Consultant shall indemnify, defend, and hold harmless the City, its officers,
employees and agents from any and all assessed fines, penalties, judgments and/or
employer contributions to CalPERS for CalPERS retirement benefits on behalf of
Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual
or entity for which Consultant is legally liable, as well as for the payment of any interest
on such fines, penalties, judgments or CalPERS contributions, including such payments
which would otherwise be the responsibility of the City. Consultant’s obligations under
this Section 5.3(d) shall be in addition to any other obligation of the Consultant to
indemnify, defend, and hold harmless the City, its officers, employees and agents.”
C.9.c
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01247.0005/553342.1 5/8/2019 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the on-call services at the rates listed in Exhibit “C-1”. The
rates provided in Exhibit “C-1” may not be escalated during the term of this
Agreement. Consultant shall be compensated based upon the time and rates of the
personnel performing the tasks and itemizing materials and equipment utilized and
the costs thereof, which shall conform to the requirements provided in Exhibit “A”.
II. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice shall be accompanied by all Task Proposal’s for which
Consultant is requesting compensation. 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 subconsultant labor, supplies, equipment, materials, and
travel properly charged to the Services.
III. The total compensation for the Services shall be as follows:
A. For Services that will be reimbursed by an applicant/developer, the
maximum amount of compensation shall be established in accordance with
the procedure described in Section III of Exhibit “A”.
B. For Services provided under Section I.F of Exhibit “A” (City initiated
projects), there shall be a maximum total compensation of $20,000 during the
term of this Agreement.
C.9.c
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01247.0005/553342.1 5/8/2019 C-2
EXHIBIT “C-1”
RATE SCHEDULE
Consultant shall perform the Services under Exhibit A based upon an hourly, time, and
materials basis. Consultant shall also be compensated for reimbursements and out of pocket
expenses, provided that City approves such reimbursements and out of pocket expenses in writing.
Consultant’s rates are as follows:
Team Member Role Hourly Rate
Emily Elliott, AICP Principal 240.00
Elizabeth Meyerhoff, AICP Project Manager, Lead Environmental 210.00
Alicia Gonzalez QA/QC 185.00
Tamara Harrison Project Manager, Lead Planning 175.00
Eddie Torres, Carka Dietrich, Ryan Henry,
Marc Beherec
Technical Leads 165.00-250.00
Renee Gleason, Zhe Chen, Tom Millington,
Khlolood Abdo
Senior Planner/Technical Specialist 155.00-180.00
Jon Bragington, David Christie Associate Planner 145.00
Krista Perine, Alex Hanlock-Champman Environmental Specialist 135.00
GIS Analyst/ Graphic Artist 95.00-125.00
Editor 125.00
A 3% escalation rate will apply to the above rates for each subsequent year of the contract
duration.
C.9.c
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01247.0005/553342.1 5/8/2019 C-3
Other Direct Costs:
Other Direct Costs: Mileage for travel to and from City offices to project sites would be reimbursed
at the applicable federal rate. Administrative costs (copies, mailing, etc.) will be billed at cost with
no markup (our current rates are listed below). Services for long-range planning and special
projects and environmental services will be billed in accordance with the terms established under
specific task orders.
Type of ODC Unit Cost Estimated Budget
Amount
8.5x11 b/w $ .04 $ EA
8.5x11 color $ .17 $ EA
11x17 b/w $ .18 $ EA
11x17 color $ . 34 $ EA
Full Size Plotting $ At cost $ Per SF
Outside Vendor Reprographics $ At Cost $
Mileage $ At Current
Federal Rate
$
Per Diem (Hotel & Incidentals) $ At Current
Federal Rate
$
Air Travel $ At Cost $
Certified Mailing $ At Cost $
Non-Standard/Specialized Software $ At Cost $
Non-Standard/Specialized Equipment $ At Cost $
Other Public Meeting Costs (venue rental, food, etc.) $ At Cost $
C.9.c
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01247.0005/553342.1 5/8/2019 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely to ensure the prompt and timely
processing of all planning related applications and approval thereof by the planning
department, Planning Commission, and/or City Council.
II. Consultant shall timely deliver the any and all documents related to the Services, as
described in Section I of Exhibit “A”, to the City for the processing of, and approval,
of any and all applications for development by the planning department, Planning
Commission, and/or City Council.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
IV. Unless earlier terminated in accordance with Article 7 of this Agreement, this
Agreement shall continue in full force and effect from and after the Effective Date of
this Agreement for a term of three (3) years (“Term”).
C.9.c
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01247.0005/553342.1 5/8/2019
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF GRAND TERRACE
and
LILBURN CORPORATION
C.9.d
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01247.0005/553342.1 5/8/2019
-2-
AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF GRAND TERRACE AND
LILBURN
This “AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY
OF GRAND TERRACE AND LILBURN CORPORATION (herein “Agreement”) is made and
entered into this___ day of June, 2023 by and between the City of Grand Terrace, a California
municipal corporation (“City”) and Lilburn Corporation, a California corporation (“Consultant”).
City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter
collectively referred to as the “Parties.”
RECITALS
A. City has sought the performance of the services, defined and described particularly
in Article 1 of this Agreement, pursuant to the City of Grand Terrace Municipal Code.
B. Consultant was selected by the City to perform those services more particularly
described in Article 1 of this Agreement.
C. Pursuant to the City of Grand Terrace Municipal Code, City has authority to enter
into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those
services defined and described particularly in Article 1 of this Agreement and desire that the terms
of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the
Parties and contained herein and other consideration, the value and adequacy of which are hereby
acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide
those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated
herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Consultant represents and
warrants that it has the qualifications, experience, and facilities necessary to properly perform the
services required under this Agreement in a thorough, competent, and professional manner, and is
experienced in performing the work and services contemplated herein. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all services
described herein. Consultant covenants that it shall follow the highest professional standards in
performing the work and services required hereunder and that all materials will be both of good
quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest
C.9.d
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01247.0005/553342.1 5/8/2019
-3-
professional standards” shall mean those standards of practice recognized by one or more first-
class firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement
shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in
accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as
may be required by law for the performance of the services required by this Agreement. Consultant
shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties
and interest, which may be imposed by law and arise from or are necessary for the Consultant’s
performance of the services required by this Agreement, and shall indemnify, defend and hold
harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes,
penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant’s risk until written instructions are
received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish
continuous protection to the work, and the equipment, materials, papers, documents, plans, studies
and/or other components thereof to prevent losses or damages, and shall be responsible for all such
damages, to persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City’s own negligence.
C.9.d
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01247.0005/553342.1 5/8/2019
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1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all instruments,
prepare all documents and take all actions as may be reasonably necessary to carry out the purposes
of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of
the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or
make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work,
and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written
approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the
Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty
(180) days, may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively, must be approved by the City Council. It is expressly understood by
Consultant that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to
be provided pursuant to the Scope of Services may be more costly or time consuming than
Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.
City may in its sole and absolute discretion have similar work done by other consultants. No
claims for an increase in the Contract Sum or time for performance shall be valid unless the
procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein
by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other
provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for actual
expenses, shall not exceed the amounts set forth in Exhibit “C” (the “Contract Sum”), unless
additional compensation is approved pursuant to Section 1.8.
C.9.d
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01247.0005/553342.1 5/8/2019
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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.9.d
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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.9.d
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Cheryl A. Tubbs, Vice President
(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 G. Harold Duffey, City Manager, or such person as may be
designated by the City Manager. It shall be the Consultant’s responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the services and the
Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the approval of the
Contract Officer. The Contract Officer shall have authority, if specified in writing by the City
Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of
this Agreement.
4.4 Independent Contractor.
Neither the City nor any 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
C.9.d
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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:
(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.9.d
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(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
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:
C.9.d
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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
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
C.9.d
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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
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.9.d
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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.9.d
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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.9.d
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Court, venue shall lie exclusively in the Central District of California, in the County of San
Bernardino, State of California.
7.2 Disputes; 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.9.d
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of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any
other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon written notice to Consultant. In addition, the
Consultant may terminate this Contract for cause, upon sixty (60) days’ advance written notice to
City. Upon receipt of any notice of termination, Consultant shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer. Except where the
Consultant has initiated termination, the Consultant shall be entitled to compensation for all
services rendered prior to the effective date of the notice of termination and for any services
authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or
such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event
the Consultant has initiated termination, the Consultant shall be entitled to compensation only for
the reasonable value of the work product actually produced hereunder. In the event of termination
without cause pursuant to this Section, the terminating party need not provide the non-terminating
party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and
prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to
the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such
damages), and City may withhold any payments to the Consultant for the purpose of set-off or
partial payment of the amounts owed the City as previously stated.
7.9 Attorney’s Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such action
or proceeding, in addition to any other relief which may be granted, whether legal or equitable,
shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any
appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable
costs for investigating such action, taking depositions and discovery and all other necessary costs
C.9.d
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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.9.d
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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.9.d
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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.9.d
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01247.0005/553342.1 5/8/2019 19
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
CITY:
City of Grand Terrace, a municipal corporation
_____________________________________
Konrad Bolowich, City Manager
ATTEST:
____________________________________
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
____________________________________
Adrian R. Guerra, City Attorney
CONSULTANT:
Lilburn Corporation, a California Corporation
By:
___________________________________
Name: Cheryl A. Tubbs
Title: Vice President
By:
___________________________________
Name: Natalie Patty
Title: Corporate Secretary
Address: 1905 Business Center Drive,
San Bernardino, CA 92408
_____________________________
Two corporate officer signatures required when Consultant is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
C.9.d
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01247.0005/553342.1 5/8/2019
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.9.d
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01247.0005/553342.1 5/8/2019
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.9.d
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01247.0005/553342.1 5/8/2019 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will provide on-call planning and environmental services to the City
(“Services”). Depending on the needs of each individual project, the Services more
specifically may include, but are not limited to, the following:
A. Planning Services including, but not limited to:
i. Initial Site Assessment
ii. Review project for completeness and compliance with the General Plan,
Zoning Ordinances, Barton Road Specific Plan (if applicable) Design
Guidelines, and all applicable codes and ordinances
iii. Prepare letters for Director’s review
iv. Attend Development Advisory Board meetings for the project
v. Coordinate comments from members of the Development Advisory Board
vi. Meet with applicants
vii. Coordinate the Project Review with CEQA Review
viii. Prepare public hearing notices, staff reports, resolutions and conditions of
approval
ix. Attend Planning and/or City Council meetings
x. File management for the project
xi. Plan Check review of projects including, but not limited to construction
plans, grading plan, landscape and irrigation plans, lighting plans, etc. for
compliance with conditions of approval.
B. Environmental Review Services, including, but not limited to:
i. Initial Site Assessment
ii. CEQA Initial Study to determine whether project requires EIR, MND, ND,
or CE
iii. Nosie Studies
iv. Air Quality
v. Transportation Studies
vi. Water Quality/Storm and Wastewater Control Management
C.9.d
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01247.0005/553342.1 5/8/2019 A-2
vii. Greenhouse Gas Emission Studies
viii. Biological and Cultural Resources Studies
ix. Environmental Mitigation Studies/Reports
x. Coordinate and distribute environmental documents and notices
xi. Mitigation Monitoring
xii. Preparation of Public Notices
xiii. Presentations at public meetings
xiv. Coordinate the CEQA Review with Project Review
C. Staff Augmentation with AB 18 and AB 52 Consultation
D. Prepare scope of work, budget, and schedule for assigned projects, to include
project coordination meetings with City Staff and applicant and all public meetings
and hearings.
E. Coordination with applicable agencies, including San Bernardino County
Departments, CalTrans, SCAQMD, Department of Fish and Wildlife, and any other
regulatory or advisory agencies related to project processing.
F. Assist City staff on City-initiated projects, as approved by the Contract Officer.
II. The Consultant has been selected to provide the Services which will be readily
available when needed for the fixed rates set forth in Exhibit C. However, before any
work is performed, the Consultant must provide a specific written Task Proposal for
any requested Services and get written approval of the terms of the Task Proposal
from the City, as such process is more fully described in the Work Request Procedure
below in Section III. Unless specifically defined, each category or type of work listed
in Exhibit C shall be construed broadly to include all services customarily described
under such category or type.
III. Work Request Procedure
A. Each task to be performed shall be set forth in a written request (“Request”)
produced by the Contract Officer with a description of the work to be performed,
and the time desired for completion. All tasks shall be carried out in conformity
with all provisions of this Agreement.
B. Following receipt of the Request, the Consultant shall prepare a “Task Proposal”
that includes the following components:
(1) a written description of the requested task (“Task Description”) including
all components and subtasks, and including any clarifications of the
descriptions provided in the Request;
(2) the costs to perform the task (“Task Budget”);
C.9.d
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01247.0005/553342.1 5/8/2019 A-3
(3) an explanation of how the cost was determined; and
(4) a schedule for completion of the task (“Task Completion Schedule”),
including a final completion date (“Task Completion Date”).
C. Contract Officer shall approve, modify, or reject the Task Proposal in writing, and
issue a Notice to Proceed when a written agreement has been reached on the Task
Proposal.
D. The task shall be performed at a cost not exceeding the Task Budget.
E. Consultant shall complete the task and deliver all deliverables to Contract Officer
by the Task Completion Date and in accordance with the Task Completion
Schedule.
IV. Consultant acknowledges that City has no obligation to request work from
Consultant under this Agreement. City may establish a rotation schedule with
multiple consultants, and may seek competing Task Proposals.
V. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant will keep the City appraised of the status of performance by delivering
the following status reports:
A. Consultant shall provide to City a weekly written summary of progress on all
approved Task Proposals for services lasting longer than one week.
VI. As part of the Services, Consultant will prepare and deliver the following tangible
work products to the City:
A. Work products and timelines based on agreed upon scope of work for assigned
projects.
VII. All work product is subject to review and acceptance by the City, and must be revised
by the Consultant without additional charge to the City until found satisfactory and
accepted by City.
VIII. Consultant will utilize the following personnel to accomplish the Services:
A. Cheryl A. Tubbs, Vice President
B. Natalie P. Patty, Project Manager
C. Frank Amendola, Senior Environmental Analyst
D. Steve Kupferman, Principal Geologist
E. Trisha Daluro/Giang Ngo, Environmental Analysts
C.9.d
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01247.0005/553342.1 5/8/2019 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. Section 1.7 (Further Responsibilities of Parties) is hereby amended as follows
(strikethrough represents deleted language while bold italics represents added language):
“(a) Both parties agree to use reasonable care and diligence to perform their
respective obligations under this Agreement. Both parties agree to act in good faith
to execute all instruments, prepare all documents and take all actions as may be
reasonably necessary to carry out the purposes of this Agreement. Unless hereafter
specified, neither party shall be responsible for the service of the other.
(b) In the event that Consultant utilizes a retired annuitant of the California
Public Employees’ Retirement System (“Annuitant”) to perform any services
under this Agreement, Consultant shall ensure that the Annuitant’s performance
of any services under this Agreement is in compliance with all applicable laws,
including, but not limited to, the California Public Employees’ Retirement
System’s (“CalPERS”) rules and regulations governing the hiring of retired
CalPERS annuitants by California cities.”
II. The following Sections are hereby added to Article 2:
2.6 CalPERS Exclusion. Under no circumstances shall any worker be assigned by
Consultant to provide City with continued service in excess of six months in accordance
with California Government Code section 20305. If a person is assigned by Consultant to
perform work for the City on a per diem basis, such person cannot work for City in excess
of 125 days within a calendar year. If a person is contracted to perform work for City by
Consultant, in other than a per diem basis, such person cannot perform work for City in
excess of hours of services within the fiscal year.
2.7 CalPERS Temporary Retired Annuitant. Unless approved by the Contract Officer,
no personnel of Consultant assigned to perform Services under this Agreement shall be a
“retired annuitant” from the California Public Employees Retirement System (CalPERS).
Prior to assigning any personnel of Consultant to perform any work for the City,
Consultant shall identify potential candidates to the Contract Officer that are “retired
annuitants” from CalPERS. If approved by the Contract Officer, under no circumstances
shall a retired annuitant work more than 960 hours within a fiscal year. The compensation
for the retired person shall be an hourly pay rate that is within the salary schedule for the
position and shall not exceed the maximum monthly base salary paid to other employees
performing comparable duties as listed on a publicly available pay schedule divided by
173.333 to equal an hourly rate in accordance with California Government Code section
21224. A retired person appointed pursuant to this Agreement shall not receive any
benefit, incentive, compensation in lieu of benefits, or other form of compensation in
addition to the hourly pay rate. A retired annuitant will not accrue service credit or any
additional retirement rights or benefits.
C.9.d
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01247.0005/553342.1 5/8/2019 B-2
III. Section 5.3 (Indemnification) is hereby amended as follows (strikethrough represents
deleted language while bold italics represents added language):
“5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and
hold harmless the City, its officers, employees and agents (“Indemnified Parties”)
against, and will hold and save them and each of them harmless from, any and all
actions, either judicial, administrative, arbitration or regulatory claims, damages to
persons or property, losses, costs, penalties, obligations, errors, omissions or
liabilities whether actual or threatened (herein “claims or liabilities”) that may be
asserted or claimed by any person, firm or entity arising out of or in connection
with the negligent performance 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
C.9.d
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01247.0005/553342.1 5/8/2019 B-3
part from City’s negligence, except that design professionals’ indemnity hereunder
shall be limited to claims and liabilities arising out of the negligence, recklessness
or willful misconduct of the design professional. The indemnity obligation shall be
binding on successors and assigns of Consultant and shall survive termination of
this Agreement.
(d) Consultant’s services under this Agreement are being provided to the City as that of an
independent contractor. In the event that Consultant or any employee, agent, or subcontractor
of Consultant providing services under this Agreement claims or is determined by the California
Public Employees’ Retirement System (“CalPERS”) or a court of competent jurisdiction to be
classified as other than an independent contractor, then Consultant shall indemnify, defend,
and hold harmless the City, its officers, employees and agents from any and all assessed fines,
penalties, judgments and/or employer contributions to CalPERS for CalPERS retirement
benefits on behalf of Consultant, its officers, employees, agents, subcontractors, or invitees, or
any individual or entity for which Consultant is legally liable, as well as for the payment of any
interest on such fines, penalties, judgments or CalPERS contributions, including such payments
which would otherwise be the responsibility of the City. Consultant’s obligations under this
Section 5.3(d) shall be in addition to any other obligation of the Consultant to indemnify, defend,
and hold harmless the City, its officers, employees and agents.”
C.9.d
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01247.0005/553342.1 5/8/2019 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the on-call services at the rates listed in Exhibit “C-1”. The
rates provided in Exhibit “C-1” may not be escalated during the term of this
Agreement. Consultant shall be compensated based upon the time and rates of the
personnel performing the tasks and itemizing materials and equipment utilized and
the costs thereof, which shall conform to the requirements provided in Exhibit “A”.
II. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice shall be accompanied by all Task Proposal’s for which
Consultant is requesting compensation. 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 subconsultant labor, supplies, equipment, materials, and
travel properly charged to the Services.
III. The total compensation for the Services shall be as follows:
A. For Services that will be reimbursed by an applicant/developer, the
maximum amount of compensation shall be established in accordance with
the procedure described in Section III of Exhibit “A”.
B. For Services provided under Section I.F of Exhibit “A” (City initiated
projects), there shall be a maximum total compensation of $20,000 during the
term of this Agreement.
C.9.d
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01247.0005/553342.1 5/8/2019 C-2
EXHIBIT “C-1”
RATE SCHEDULE
Consultant shall perform the Services under Exhibit A based upon an hourly, time, and
materials basis. Consultant shall also be compensated for reimbursements and out of pocket
expenses, provided that City approves such reimbursements and out of pocket expenses in writing.
Consultant’s rates are as follows:
Role Hourly Rate
Principal 225.00
Principle Geologist 235.00
Project Director 205.00
Project Manager 180.00
Senior Analyst/Planner 155.00
Environmental Analyst/Planner 98.00
Word Processor Analyst/Document Manager 123.00
Clerical/Student Intern 72.00
C.9.d
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01247.0005/553342.1 5/8/2019 C-3
Other Direct Costs:
Other Direct Costs: Mileage for travel to and from City offices to project sites would be reimbursed
at the applicable federal rate. Administrative costs (copies, mailing, etc.) will be billed at cost with
no markup (our current rates are listed below). Services for long-range planning and special projects
and environmental services will be billed in accordance with the terms established under specific
task orders.
Type of ODC Unit Cost Estimated
Budget Amount
8.5x11 b/w $ .04 $ EA
8.5x11 color $ .17 $ EA
11x17 b/w $ .18 $ EA
11x17 color $ . 34 $ EA
Full Size Plotting $ At cost $ Per SF
Outside Vendor Reprographics $ At Cost $
Mileage $ At Current Federal
Rate
$
Per Diem (Hotel & Incidentals) $ At Current Federal
Rate
$
Air Travel $ At Cost $
Certified Mailing $ At Cost $
Non-Standard/Specialized Software $ At Cost $
Non-Standard/Specialized Equipment $ At Cost $
Other Public Meeting Costs (venue rental, food, etc.) $ At Cost $
C.9.d
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01247.0005/553342.1 5/8/2019 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely to ensure the prompt and timely
processing of all planning related applications and approval thereof by the planning
department, Planning Commission, and/or City Council.
II. Consultant shall timely deliver the any and all documents related to the Services, as
described in Section I of Exhibit “A”, to the City for the processing of, and approval,
of any and all applications for development by the planning department, Planning
Commission, and/or City Council.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
IV. Unless earlier terminated in accordance with Article 7 of this Agreement, this
Agreement shall continue in full force and effect from and after the Effective Date of
this Agreement for a term of three (3) years (“Term”).
C.9.d
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AGENDA REPORT
MEETING DATE: June 27, 2023 Council Item
TITLE: Approval of the May-2023 Check Register in the Amount of
$377,225.53
PRESENTED BY: Christine Clayton, Finance Director
RECOMMENDATION: Approve the Check Register No. 05312023 in the amount of
$377,225.53 as submitted, for the month ending May 31,
2023.
2030 VISION STATEMENT:
This staff report supports Goal #1, “Ensuring Our Fiscal Viability”, through the
continuous monitoring of expenditure budgets, allocations, and operational costs.
BACKGROUND:
The check register for the month of May-2023 has been prepared in accordance with
Government Code §37202 and is hereby submitted for City Council’s approval.
The check register lists all vendor payments for the respective month, along with a brief
description of the type of goods or services purchased and the account code(s)
associated with each payment. The check registers list all payments made to vendors
and employee reimbursements during the month of May-2023.
The attached index to the Check Register is a guideline account list only and is not
intended to replace the comprehensive chart of accounts used by the City and Grand
Terrace Successor Agency. Expenditure account number formats are XX-XXX-XXX
[Fund-Department-Account]. Expenditures may be made from trust/agency accounts
(Fund 23-XXX-) or temporary clearing accounts which do not have a budgetary impact.
DISCUSSION:
CHECK REGISTER
A total of $377,225.53 in accounts payable checks and/or wires were issued during the
period for services, reimbursements, supplies, and contracts and are detailed in the
individual monthly register.
Below is a table that lists payments larger than $10,000 for the month of May-2023.
C.10
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Payments larger than $10,000:
Check No. Payee Description Amount
80037 ALESHIRE & WYNDER LLP MAR 2023 LEGAL SERVICES $15,199.33
80053 FAMILY SERVICE ASSOCIATION AUG-DEC 2022 SR CTR SVCS $16,987.71
80055 GOODMAN AND ASSOCIATES DEC-MAR 2022 CIP PLANS, SPECS $19,500.00
80060 HIRSCH AND ASSOCIATES, INC MAR PROFESSIONAL SVCS FOR
BLUE MTN TRAIL $14,380.00
80070 LOMA LINDA HEAT AND AC, INC. INSTALLATION OF SYSTEM IN
ANNEX BUILDING $15,393.16
80093 WILLDAN FEB & MAR ENGINEERING SVCS,
PLAN CHECKS $25,632.00
80108 GOVINVEST INC FY2023-24 PENSION, OPEB AND
COSTING MODULES LICENSE FEE $12,126.40
80114 MICHAEL BAKER
INTERNATIONAL
FEB & MAR 2023 ON-CALL STAFFING
FOR PLANNING DEPT. AND FEB
2023 SVCS FOR BRSP
$43,681.19
80121 ONSITE COMPUTING
JUN 2023 IT SVCS, SERVER
MIGRATION, ROUTER
CONFIGURATION FOR BACKUP
FAILOVER INTERNET
$19,873.98
80125 SB COUNTY SHERIFF OCT-DEC 2022 Q2 GAS & VEHICLE
MAINT, AND SHERIFF OT $55,577.34
4432041 SO CAL EDISON APR 2023 ENERGY USAGE $14,362.42
474210537 US BANK APR-MAY 2023 CAL CARD CHARGES $10,588.90
TOTAL PAYMENTS LARGER THAN $10,000 $263,302.43
PAYROLL
Payroll costs for the month:
Pay Per. Period Start Period End Pay Date Amount
MAY-23
22 From 04/15/2023 to 04/28/2023 05/04/2023 $53,367.76
23 From 04/29/2023 to 05/12/2023 05/18/2023 $56,477.06
$109,844.82
FISCAL IMPACT:
All disbursements (including payroll) were made in accordance with the approved
budget for Fiscal Year 2022-23 in the amount of:
Description Amount
MAY-23
C.10
Packet Pg. 308
Check Register $377,225.53
Payroll $109,844.82
$487,070.35
ATTACHMENTS:
• FY2022-23 Check Register Account Index 06092023 (PDF)
• May Check Register (PDF)
APPROVALS:
Christine Clayton Completed 06/09/2023 10:47 AM
Finance Completed 06/09/2023 10:47 AM
City Manager Completed 06/09/2023 11:30 AM
City Council Pending 06/27/2023 6:00 PM
C.10
Packet Pg. 309
CITY OF GRAND TERRACE
FY2022-23
GRAND TERRACE CIVIC CENTER
22795 BARTON ROAD GRAND TERRACE, CA 92313
CHECK REGISTER
Account Index
Bill Hussey, Mayor
Doug Wilson, Mayor Pro Tem
Sylvia Rodriguez-Robles, Council Member
Jeff Allen, Council Member
The Grand Terrace City Council meets on the Second and Fourth Tuesday of each month at 6:00 pm.
City of Grand Terrace Check Register Index
Kenneth Henderson, Council Member
C.10.a
Packet Pg. 310
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Fund Dept Acct
No.Fund Name No.Department Cost Center No.General Account Numbers
09 CHILD CARE FUND 110 CITY COUNCIL 110 SALARIES/WAGES
10 GENERAL FUND 120 CITY MANAGER 115 OVERTIME
11 STREET FUND 125 CITY CLERK 120 COUNCIL STIPENDS
12 STORM DRAIN FUND 140 FINANCE 138 MEDICARE / SUI
13 PARK FUND 160 CITY ATTORNEY 139 EMPLOYEES' BENEFIT PLAN
14 AB 3229 COPS FUND 172 BUILDING & SAFETY 140 RETIREMENT
15 AIR QUALITY IMPROVEMENT FUND 175 PUBLIC WORKS 142 HEALTH/LIFE INSURANCE
16 GAS TAX FUND 180 COMMUNITY EVENTS 143 WORKERS' COMPENSATION
17 TRAFFIC SAFETY FUND 185 RENTAL INSPECTION PROGRAM 210 OFFICE EXPENSE
18 TRANS. DEV. ACT (T D A FUND)187 ENFORCEMENT PROGRAM 211 POSTAGE & MAILING
19 FACILITIES DEVELOPMENT FUND 190 NON-DEPARTMENTAL 220 SPECIAL DEPARTMENTAL EXP
20 MEASURE I FUND 195 FACILITIES MAINTENANCE 230 ADVERTISING
21 WASTE WATER DISPOSAL FUND 370 PLANNING & DEVELOPMENT SVCS 235 COMMUNICATIONS
22 COMMUNITY DEV. BLOCK GRANT 380 MGT INFORMATION SYSTEMS 238 UTILITIES
25 SPRING MOUNTAIN RANCH FUND 410 LAW ENFORCEMENT 240 RENTS & LEASES
26 LSCPG/ LGHTG ASSESSMENT DIST.411 ASSET FORFEITURES 244 CUSTODIAL SERVICES
32 S/A CAPITAL PROJECTS FUND 430 RECREATION SERVICES 245 MAINT BLDG GRNDS EQUIPMNT
36 S/A 2011 TABS BOND PROCEEDS 441 CHILD CARE - NUTRITION GRANT 246 MAINT/OPER OF EQUIPMNT
45 CIP - COMMERCE WAY 445 CHILD CARE - TINY TOTS 250 PROFESSIONAL SERVICES
46 CIP - STREET IMPROVEMENTS 446 CHILD CARE - AFTER SCHOOL 251 BANKING SERVICE CHARGES
47 CIP - BARTON RD. BRIDGE PROJECT 447 CHILD CARE - PRE-SCHOOL 252 ROAD MAINTENANCE
48 CIP - CAPITAL PROJECTS FUND 450 PARKS MAINTENANCE 254 STREET SWEEPING
49 CIP - PARKS 461 COMMUNITY GRANTS 255 CONTRACTUAL SERVICES
50 CAPITAL PROJECT BOND PROCEEDS 500 AIR QUALITY PROGRAMS 256 ANIMAL SHELTERING SVCS
52 HOUSING AUTHORITY 510 STREET & SIGNAL LIGHTING 260 INSURANCE & SURETY BONDS
61 COMMUNITY BENEFITS FUND 573 LINE MAINTENANCE 265 MEMBERSHIPS & DUES
62 LIGHT UP GRAND TERRACE FUND 600 ZONE 1 13364 CANAL -TERR PINES 268 TRAINING
63 ILLEGAL FIREWORKS FUND 601 ZONE 3 TRACT 14471 PICO & ORIOLE 270 TRAVEL/CONFERENCES/MTGS
64 PUBLIC SAFETY FUND 602 ZONE 2 14264 FORREST CITY PHASE II 271 MILEAGE
65 SENIOR BUS PROGRAM FUND 603 ZONE 4 TRACT 17766 GREENBRIAR 625 NPDES
66 CAL RECYCLE GRANT 604 ZONE 5 TRACT 18793 PALOMINO 631 STORM DRAIN MAINTENANCE
67 PUBLIC EDUC & GOVT ACCESS (PEG)605 ZONE 6 TRACT 18071 JADEN 801 PLANNING COMMISSION
68 40TH YR CELEBRATION FUND 606 ZONE 7 TRACT 18604 TESORO/VAN BUREN 804 HISTORICAL & CULTURAL COMM.
69 COMMUNITY DAY FUND 625 NPDES 311 FACILITY IMPROVEMENTS
70 FIXED ASSED/EQUIP REPL FUND 631 STORM DRAIN MAINTENANCE 570 WASTEWATER TREATMENT
73 ACTIVE TRANS PRGM (ATP) GRANT 700 CAPITAL OUTLAY 400 OTHER COMMUNITY GRANTS
74 HIGHWAY SFTY IMPV PRGM (HSIP)705 EVERY 15 MINUTES 601 ELECTRICAL VEHICLE STATIONS
75 EMER MGMT PREP GRANT (EMPG)801 PLANNING COMMISSION 700 COMPUTER EQUIPMENT
76 ENHANCED INFRA FIN DIST (EIFD)804 HISTORICAL & CULTURAL COMMITTEE 701 CAPITAL IMPROVEMENT OTHER
77 SO CAL INCENTIVE PROJECT (SCIP)805 SENIOR CITIZENS PROGRAM 705 VEHICLES
90 COVID-19 EMERGENCY FUND 808 EMERGENCY OPERATIONS PROG.998 OVERHEAD COST ALLOCATION
95 DOG PARK ENDOWMENT FUND 999 TRANSFERS 999 TRANSFERS OUT
C.10.a
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CITY OF GRAND TERRACE
FY2022-23
GRAND TERRACE CIVIC CENTER
22795 BARTON ROAD GRAND TERRACE, CA 92313
MONTHLY CHECK REGISTER For the
Period Ending May 31, 2023
Bill Hussey, Mayor
Doug Wilson, Mayor Pro Tem
Sylvia Rodriguez-Robles, Council Member
Jeff Allen, Council Member
Kenneth Henderson, Council Member
The Grand Terrace City Council meets on the Second and Fourth Tuesday of each month at 6:00 pm.
C.10.b
Packet Pg. 312
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Invoice #
(46) POLYCOM VVX 450 PHONES
SUNNY DAYS LLC
(3) YARD SALE SIGNS
Check Register
CITY OF GRAND TERRACE
As of 5/31/2023
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
80036 05/04/2023 8X8 INC 3837435 MAY 2023 SERVICE CHARGE FOR 05/01/2023
E 10-190-235-000-000 1,321.69
1,321.69
1,321.69
80037 05/04/2023 ALESHIRE AND WYNDER LLP 75289 MAR 2023 LEGAL SERVICES - GENERAL 04/26/2023
E 10-160-250-000-000 10,012.30
10,012.30
75292 MAR 2023 LEGAL SERVICES - REFUSE 04/26/2023
E 10-160-250-100-000 2,868.00
2,868.00
75291 MAR 2023 LEGAL SERVICES - REAL ESTATE 04/26/2023
E 10-160-250-000-000 1,664.00
1,664.00
75290 MAR 2023 LEGAL SERVICES - LITIGATION 04/26/2023
E 10-160-250-100-000 416.00
416.00
75288 MAR 2023 LEGAL SERVICES - 04/26/2023
B 10-015-61-00 239.03
239.03
15,199.33
80038 05/04/2023 ALL LEAGUE FENCE CO S-0175 REPAIR HOLES IN FENCE AT PICO PARK 04/07/2023
E 10-450-245-000-000 575.00
575.00
575.00
80039 05/04/2023 KERINA ALMEIDA 04272023 REFUND YARD SALE SIGN DEPOSIT FOR 04/27/2023
B 23-515-22-00 30.00
30.00
30.00
C.10.b
Packet Pg. 313
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Check Register
CITY OF GRAND TERRACE
As of 5/31/2023
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
COUNCIL & PLANNING COMM
(1) YARD SALE SIGN
ACTIVITIES COMMITTEE MAY 6, 2023
PLANNING COMMISSION'S ACADEMY
(5) YARD SALE SIGNS
80040 05/04/2023 BENSON PRODUCTIONS 1597 APR 2023 - AUDIO/VISUAL SVCS FOR CITY 04/26/2023
E 67-380-250-000-000 340.00
340.00
340.00
80041 05/04/2023 ERIC BERRY 04272023 REFUND YARD SALE SIGN DEPOSIT FOR 04/27/2023
B 23-515-22-00 10.00
10.00
10.00
80042 05/04/2023 BOB BOZONELOS 04252023 MUSIC FOR THE HISTORICAL & CULTURAL 04/25/2023
E 10-120-220-000-000 300.00
300.00
300.00
80043 05/04/2023 ARON BURIAN 05022023 EXPENSE REIMBURSEMENT FOR 2023 05/02/2023
E 10-801-270-000-000 57.42
57.42
57.42
80044 05/04/2023 CARLOS CARRANZA 04272023 REFUND YARD SALE SIGN DEPOSIT FOR 04/27/2023
B 23-515-22-00 50.00
50.00
50.00
80045 05/04/2023 COLTON PUBLIC UTILITIES DEC-JAN23 GT SEWERDEC 2022 - JAN 2023 GT SEWER COMM 04/13/2023
E 10-190-238-000-000 516.10
516.10
516.10
C.10.b
Packet Pg. 314
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Check Register
CITY OF GRAND TERRACE
As of 5/31/2023
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
CODE ENFORCEMENT AND SENIOR BUS
MAIN ST AND MICHIGAN ST
INVOICE FOR MAR 2023
80046 05/04/2023 COMPUTERIZED EMBROIDERY CO INC 51746 EMBROIDERY OF CITY LOGO TO SHIRTS FOR 05/02/2023
E 10-185-218-000-000 13.05
E 65-425-220-000-000 10.88
23.93
23.93
80047 05/04/2023 COUNTY OF RIVERSIDE AN0000002683 MAR 2023 ANIMAL SHELTERING SERVICES 04/19/2023
E 10-185-255-000-000 1,055.04
1,055.04
1,055.04
80048 05/04/2023 COUNTY OF RIVERSIDE TLMA ADM TL0000016822 MAR 2023 TRAFFIC SIGNAL MONITORING AT 04/25/2023
E 10-195-245-000-000 422.44
422.44
422.44
80049 05/04/2023 CRAFCO INC 9402903390 (60) COLD PATCH BAGS 04/11/2023
E 10-175-257-020-000 808.13
808.13
808.13
80050 05/04/2023 DATA TICKET INC 149940 GT CODE ENFORCEMENT PROCESSING 04/24/2023
E 10-185-255-000-000 415.70
415.70
150057 GT CITATION PROCESSING FEES MAR 2023 04/24/2023
E 10-140-255-000-000 80.92
80.92
150299 GT STREET SWEEPING INVOICE FOR MAR 2023 04/24/2023
E 10-140-255-000-000 76.38
76.38
573.00
C.10.b
Packet Pg. 315
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Check Register
CITY OF GRAND TERRACE
As of 5/31/2023
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
INSURANCE
CIVIC CENTER, CANAL STRIP, ORIOLE
SURFACE AT RICHARD ROLLINS PARK
18070 JADEN
PROGRAM
80051 05/04/2023 DENTAL HEALTH SERVICES 2316147 MAY 2023 EMPLOYEE PAID DENTAL 04/16/2023
B 10-022-70-00 461.95
461.95
461.95
80052 05/04/2023 EZ SUNNYDAY LANDSCAPE 4707 APR 2023 LANDSCAPING SERVICES - PARKS, 04/18/2023
E 10-195-245-000-000 200.00
E 10-450-255-000-000 3,665.00
E 26-600-255-000-000 150.00
E 26-601-255-000-000 80.00
4,095.00
4705 INSTALL A DRAIN UNDER THE PLAYGROUND 04/18/2023
E 10-450-710-000-000 1,650.00
1,650.00
4706 APR 2023 LANDSCAPING SERVICES - TRACT 04/18/2023
E 26-605-255-000-000 750.00
750.00
6,495.00
80053 05/04/2023 FAMILY SERVICE ASSOCIATION 12-2022-300604 DEC 2022 CDBG SR CENTER NUTRITION 03/14/2023
E 22-425-305-000-000 3,480.35
3,480.35
10-2022-300405-B OCT 2022 CDBG SR CENTER PROGRAMS 01/05/2023
E 22-425-305-000-000 257.69
E 22-425-312-000-000 2,760.72
3,018.41
11-2022-300405-B NOV 2022 CDBG - SR CENTER COORDINATOR 01/30/2023
E 22-425-312-000-000 2,384.66
2,384.66
12-2022-300405 DEC 2022 CDBG - SR CENTER COORDINATOR 03/14/2023
E 22-425-312-000-000 2,256.30
2,256.30
C.10.b
Packet Pg. 316
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2023
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
PROGRAM
PROGRAM
ST FOR EARTH DAY 2023
& ESITMATES
RICHARD ROLLINS PARK
08-2022-300405-B AUG 2022 CDBG SR CENTER PROGRAMS 01/05/2023
E 22-425-305-000-000 139.16
E 22-425-312-000-000 1,826.60
1,965.76
11-2022-300405-A NOV 2022 CDBG SR CENTER NUTRITION 01/30/2023
E 22-425-305-000-000 1,930.64
1,930.64
09-2022-300405-B SEP 2022 CDBG SR CENTER PROGRAMS 01/05/2023
E 22-425-305-000-000 153.02
E 22-425-312-000-000 1,601.23
1,754.25
10-2022-300604-B NOV 2022 CDBG SR CENTER NUTRITION 03/17/2023
E 22-425-305-000-000 197.34
197.34
16,987.71
80054 05/04/2023 FRUIT GROWERS SUPPLY 92377310 SUPPLIES FOR TREE PLANTING ON MAIN 04/18/2023
E 10-175-245-000-000 70.79
E 10-175-246-000-000 52.38
123.17
123.17
80055 05/04/2023 GOODMAN AND ASSOCIATES 5759 DEC 2022 - MAR 2023 CIP PLANS, SPECS, 03/06/2023
E 94-175-257-000-000 19,500.00
19,500.00
19,500.00
80056 05/04/2023 GRAINGER 9678063604 ELECTRIC MOTOR FOR HANDBLOWER AT 04/18/2023
E 10-450-246-000-000 82.86
82.86
82.86
C.10.b
Packet Pg. 317
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2023
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
FEES
KENNETH HENDERSON
BLUE MOUNTAIN TRAIL
TSGN 23-05
VERNON/VAN BUREN
LEADERS SUMMIT
80057 05/04/2023 HDL COREN CONE SIN027351 APR-JUN 2023 PROPERTY TAX SERVICES 04/24/2023
E 10-140-250-000-000 2,381.46
2,381.46
2,381.46
80058 05/04/2023 HDL SOFTWARE LLC SIN027574 MAR 2023 BUSINESS LICENSE PROCESSING 03/31/2023
E 10-140-250-000-000 345.00
345.00
345.00
80059 05/04/2023 KENNETH J HENDERSON MAY2023 KH MED REIMBMAY2023 HEALTH REIMBURSEMENT FOR 05/02/2023
E 10-110-142-000-000 597.50
597.50
597.50
80060 05/04/2023 HIRSCH AND ASSOCIATES INC 1917.2, PB #2 MAR 2023 PROFESSIONAL SERVICES FOR 03/31/2023
E 49-473-700-000-000 14,380.00
14,380.00
14,380.00
80061 05/04/2023 KATHERINE HOMAN 04272023 REFUND TEMP SIGN APPLICATION FEE 04/27/2023
R 10-200-07 50.00
50.00
50.00
80062 05/04/2023 HOUSTON AND HARRIS PCS INC 23-25227 INSPECTION OF STORM DRAIN LINE AT MT 04/17/2023
E 10-631-255-000-000 1,436.50
1,436.50
1,436.50
80063 05/04/2023 WILLIAM HUSSEY 04192023 EXPENSE REIMBURSEMENT - 2023 CITY 04/19/2023
E 10-110-270-000-000 188.64
188.64
188.64
C.10.b
Packet Pg. 318
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2023
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
GATEWAY SPECIFIC PLAN
COMMUNITY DAY
RICHARD ROLLINS PARK SHLTR C 4/9/2023 10-6PM
ADDITIONAL COLOR PHOTOCOPIER
SERVICES
SERVICES
SERVICES
80064 05/04/2023 INTERWEST CONSULTING GROUP 86920 MAR 2023 PROFESSIONAL SERVICES FOR 04/18/2023
B 23-515-60-00 150.00
150.00
150.00
80065 05/04/2023 JAM HAVEN COGT61023 50% DEPOSIT FOR ENTERTAINMENT FOR 2023 04/28/2023
E 10-120-220-000-000 1,997.00
1,997.00
1,997.00
80066 05/04/2023 CASSANDRA JARAMILLO 05032023 REFUND PARK RESERVATION DEPOSIT - 05/03/2023
B 23-515-22-00 50.00
50.00
50.00
80067 05/04/2023 KONICA MINOLTA 42242728 APR-MAY 2023 PRO RATED RENT FOR 04/21/2023
E 10-190-212-000-000 27.24
27.24
27.24
80068 05/04/2023 KONICA MINOLTA BUS. SOLUTIONS 9009288241 03/15/23-04/14/23 CITYWIDE PHOTOCOPIER 04/27/2023
E 10-190-212-000-000 223.76
223.76
9009288238 01/15/23-02/14/23 CITYWIDE PHOTOCOPIER 04/27/2023
E 10-190-212-000-000 223.76
223.76
9009288240 02/15/23-03/14/23 CITYWIDE PHOTOCOPIER 04/27/2023
E 10-190-212-000-000 202.12
202.12
C.10.b
Packet Pg. 319
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2023
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
SERVICES
ANNEX BUILDING
(5) YARD SALE SIGNS
286896823 APR 2023 CITYWIDE PHOTOCOPIER X 04/30/2023
E 10-190-212-000-000 104.12
104.12
753.76
80069 05/04/2023 LINCOLN NATIONAL LIFE INSURANC LCLN MAY 2023 MAY 2023 LIFE/AD&D/DEP LIFE/WI/LTD 05/01/2023
B 10-022-66-00 725.20
E 10-120-142-000-000 35.27
E 10-125-142-000-000 23.93
E 10-140-142-000-000 28.58
E 10-172-142-000-000 17.36
E 10-175-142-000-000 21.97
E 10-185-142-000-000 17.09
E 10-370-142-000-000 12.38
E 10-450-142-000-000 13.00
E 16-175-142-000-000 8.90
E 65-425-142-000-000 6.54
910.22
910.22
80070 05/04/2023 LOMA LINDA HEAT AND A C INC 9680091 INSTALLATION OF HEATING SYSTEM IN 04/12/2023
E 10-195-246-000-000 15,393.16
15,393.16
15,393.16
80071 05/04/2023 NANCY MARQUEZ 04272023 REFUND YARD SALE SIGN DEPOSIT FOR 04/27/2023
B 23-515-22-00 50.00
50.00
50.00
80072 05/04/2023 MIDAMERICA ADMIN RETIREMENT PAYDATE 04062023 ARSPAYDATE 04062023 ARS RETIREMENT 04/06/2023
B 10-022-68-00 219.53
219.53
C.10.b
Packet Pg. 320
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2023
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
RICHARD ROLLINS PARK
(4) YARD SALE SIGNS
(5) YARD SALE SIGNS
PAYDATE 04202023 ARSPAYDATE 04202023 ARS RETIREMENT 04/20/2023
B 10-022-68-00 217.20
217.20
436.73
80073 05/04/2023 NEW WORLD PLUMBING INC 1114 PLUMBING REPAIRS FOR RESTROOM AT 04/20/2023
E 10-450-245-000-000 440.00
440.00
440.00
80074 05/04/2023 ODP BUSINESS SOLUTIONS LLC 308273382001 FY2022-23 OFFICE SUPPLIES 04/11/2023
E 10-190-210-000-000 490.87
490.87
490.87
80075 05/04/2023 KRISTEN OLERTON 05032023 REFUND YARD SALE SIGN DEPOSIT FOR 05/03/2023
B 23-515-22-00 40.00
40.00
40.00
80076 05/04/2023 ON SITE COMPUTING 54003094 MAY 2023 IT SERVICES 04/01/2023
E 10-380-250-000-000 8,607.00
8,607.00
8,607.00
80077 05/04/2023 VICKIE PAINTER 05032023 REFUND YARD SALE SIGN DEPOSIT FOR 05/03/2023
B 23-515-22-00 50.00
50.00
50.00
80078 05/04/2023 PAY PLUS SOLUTIONS INC 30781 MAY 2023 CALPERS INSIGHT E-TOOLS PAY 05/01/2023
E 10-140-255-000-000 515.81
515.81
515.81
C.10.b
Packet Pg. 321
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2023
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
RICHARD ROLLINS PARK SHLTR A 4/22/2023 2-6PM
APR2023 SR MED REIMB
(4) YARD SALE SIGNS
WASTE SERVICES
(2) YARD SALE SIGNS
80079 05/04/2023 JACKIE PENA 04272023 REFUND PARK RESERVATION DEPOSIT - 04/27/2023
B 23-515-22-00 50.00
50.00
50.00
80080 05/04/2023 REVENUE AND COST SPECIALISTS 9125 APR 2023 USER FEE AND RATE STUDY 04/19/2023
E 10-190-250-000-000 7,000.00
7,000.00
7,000.00
80081 05/04/2023 SYLVIA ROBLES MAR2023 SR MED REIMBMAR 2023 SR MEDICARE REIMBURSEMENT 05/02/2023
E 10-110-142-000-000 164.90
164.90
APR 2023 SR MEDICARE REIMBURSEMENT 04/27/2023
E 10-110-142-000-000 164.90
164.90
329.80
80082 05/04/2023 ALVIN ROSETE 05032023 REFUND YARD SALE SIGN DEPOSIT FOR 05/03/2023
B 23-515-22-00 40.00
40.00
40.00
80083 05/04/2023 SAN BERNARDINO COUNTY FIRE DEP GT423CC APR-JUN 2023 HOUSEHOLD HAZARDOUS 04/01/2023
E 10-187-258-000-000 4,935.01
4,935.01
4,935.01
80084 05/04/2023 OZEM SANLI 04272023 REFUND YARD SALE SIGN DEPOSIT FOR 04/27/2023
B 23-515-22-00 20.00
20.00
20.00
C.10.b
Packet Pg. 322
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2023
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
FREEDOM PARK
MAINTENANCE
MAINTENANCE
VISTA GRANDE RD
80085 05/04/2023 SCA OF CA LLC 105951CS APR 2023 STREET SWEEPING SERVICES 04/30/2023
E 16-900-254-000-000 4,724.00
4,724.00
105709CS MAR 2023 STREET SWEEPING SERVICES 03/27/2023
E 16-900-254-000-000 4,542.00
4,542.00
9,266.00
80086 05/04/2023 SO CAL LOCKSMITH 56282 SNACK BAR MAINTENANCE AT 04/19/2023
E 10-450-245-000-000 21.64
21.64
21.64
80087 05/04/2023 ST FRANCIS ELECTRIC 22147721 MAR 2023 RESPONSE TRAFFIC SIGNAL 03/31/2023
E 16-510-255-000-000 1,533.00
1,533.00
22147720 MAR 2023 ROUTINE TRAFFIC SIGNAL 03/31/2023
E 16-510-255-000-000 557.55
557.55
2,090.55
80088 05/04/2023 SUNBELT RENTALS INC 138690368-0001 CORE DRILL FOR SIGN INSTALLATION ON 04/25/2023
E 10-175-240-000-000 264.48
264.48
264.48
80089 05/04/2023 THE PIN CENTER 0423128 SERVICE PINS FOR EMPLOYEE APPRECIATION 04/20/2023
E 10-190-220-000-000 603.00
603.00
603.00
C.10.b
Packet Pg. 323
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2023
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
MAINTENANCE FEE
002-28490
VARIOUS DEVELOPERS
80090 05/04/2023 TIME WARNER CABLE 0228510042523 CITY HALL INTERNET - APR-MAY 2023 04/25/2023
E 10-190-238-000-000 329.98
329.98
0197046041623 CITY HALL CABLE - APR-MAY 2023 04/16/2023
E 10-190-238-000-000 114.30
114.30
0153825042323 SR CENTER INTERNET - HSD3 - APR-MAY 2023 04/23/2023
E 10-805-238-000-000 99.99
99.99
544.27
80091 05/04/2023 UNDERGROUND SERVICE ALERT 420230308 MAY 2023 MONTHLY DATABASE 05/01/2023
E 16-900-220-000-000 62.50
62.50
62.50
80092 05/04/2023 UNITED CABINET COMPANY INC 12353 CABINET REPAIR AT CITY HALL 04/12/2023
E 10-195-706-000-000 867.00
867.00
867.00
80093 05/04/2023 WILLDAN 00337546 MAR 2023 INTERIM CITY ENGINEER SERVICES 04/17/2023
E 10-175-250-000-000 11,060.00
11,060.00
MAR 2023 ENGINEERING SERVICES FOR 04/05/2023
B 23-515-55-00 2,120.00
B 23-515-56-00 2,120.00
B 23-515-57-00 2,000.00
B 23-515-58-00 130.00
B 23-515-61-00 3,120.00
9,490.00
C.10.b
Packet Pg. 324
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2023
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
GOLDEN STAR INVESTMENTS
EMPIRE CONSTRUCTION
GOLDEN STAR INVESTMENTS
EMPIRE CONSTRUCTION
ROLLINS PARK SHLTR C 05/06/2023
00418443 MAR 2023 ENGINEERING SERVICES FOR 04/28/2023
B 23-515-50-00 1,260.00
1,260.00
002-28489 MAR 2023 PLAN CHECK/ INSPECTION SVCS 04/05/2023
E 10-172-250-100-000 1,050.00
1,050.00
00418335 FEB 2023 PERMIT PUBLIC WORKS INSPECTION 03/30/2023
E 10-172-250-100-000 1,008.00
1,008.00
00418418 MAR 2023 ENGINEERING SERVICES FOR 04/28/2023
B 23-515-12-00 756.00
756.00
00418361 FEB 2023 PROFESSIONAL SERVICES FOR 03/30/2023
B 23-515-50-00 504.00
504.00
00418338 FEB 2023 ENGINEERING SERVICES FOR 03/30/2023
B 23-515-12-00 504.00
504.00
25,632.00
80094 05/18/2023 NINA ABDEL 05162023 REFUND PARK DEPOSIT FOR RICHARD 05/16/2023
B 23-515-22-00 50.00
50.00
50.00
80095 05/18/2023 AT AND T MAY2023 AT&T MAY2023 AT&T 05/01/2023
E 10-190-235-000-000 1,733.95
E 10-450-235-000-000 275.89
E 10-805-235-000-000 515.72
E 10-808-235-000-000 531.57
3,057.13
3,057.13
C.10.b
Packet Pg. 325
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2023
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
(5) YARD SALE SIGNS
BILLING
PROGRAM
JACKETS, AND CAPS FOR CITY HALL STAFF
FOR CITY HALL STAFF
INSURANCE
80096 05/18/2023 ROCKY BEEBE 05162023 REFUND YARD SALE SIGN DEPOSIT FOR 05/16/2023
B 23-515-22-00 50.00
50.00
50.00
80097 05/18/2023 CA DEPT OF TRANSPORTATION SL230827 JAN-MAR 2023 SIGNALS AND LIGHTING 04/18/2023
E 16-510-255-000-000 378.16
378.16
378.16
80098 05/18/2023 CA STATE CONTROLLER FTB-00005609 STATE CONTROLLER 2022 OFFSETS 05/08/2023
E 10-140-250-000-000 231.07
231.07
231.07
80099 05/18/2023 CDW GOVERNMENT INC JM15701 SCANNER FOR BUILDING PLANS 05/08/2023
E 10-172-220-000-000 5,573.39
5,573.39
5,573.39
80100 05/18/2023 COMPUTERIZED EMBROIDERY CO INC 51758 EMBROIDERY OF CITY LOGO ON SHIRTS, 05/04/2023
E 10-190-220-000-000 678.60
678.60
51757 EMBROIDERY OF CITY LOGO ON TOWELS 05/04/2023
E 10-190-220-000-000 27.19
27.19
705.79
80101 05/18/2023 DENTAL HEALTH SERVICES 2325051 JUN 2023 EMPLOYEE PAID DENTAL 05/16/2023
B 10-022-70-00 461.95
461.95
461.95
C.10.b
Packet Pg. 326
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2023
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
(1) YARD SALE SIGN
INSURANCE
OF BARTON FROM PRESTON TO GRAND TERRACE RD
MIRADA DRAIN
BI MONTHLY MAINT
NEXT TO PIT STOP 22115 BARTON RD
CORPORATION
80102 05/18/2023 JARROD DOWDEN 05162023 REFUND YARD SALE SIGN DEPOSIT FOR 05/16/2023
B 23-515-22-00 10.00
10.00
10.00
80103 05/18/2023 EYEMED FIDELITY SECURITY LIFE 165757754 MAY 2023 EMPLOYEE PAID VISION 04/21/2023
B 10-022-71-00 82.29
82.29
82.29
80104 05/18/2023 EZ SUNNYDAY LANDSCAPE 4861 WEED ABATEMENT AT LOT ON NORTH SIDE 05/03/2023
E 10-187-257-000-000 1,200.00
1,200.00
4863 2023 MAY 2023 LANDSCAPING SERVICES -05/03/2023
E 10-631-255-000-000 750.00
750.00
4862 MAY 2023 RIGHT OF WAY LANDSCAPING 05/03/2023
E 10-450-255-000-000 575.00
575.00
4858 WEED ABATEMENT AT LOT ON NORTH SIDE 04/13/2023
E 10-187-257-000-000 480.00
480.00
3,005.00
80105 05/18/2023 FEDEX 8-128-72448 MAILING DOCUMENTS TO STREET SWEEPING 05/11/2023
E 10-190-211-000-000 48.95
48.95
48.95
C.10.b
Packet Pg. 327
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2023
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
(3) YARD SALE SIGNS
MODULES LICENSE FEE
ROLLINS PARK SHLTR B 04/22/2023
SUPPLIES FOR CITY HALL
TJ AUSTIN PARK
80106 05/18/2023 DIANA FONSECA 05162023 REFUND YARD SALE SIGN DEPOSIT FOR 05/16/2023
B 23-515-22-00 30.00
30.00
30.00
80107 05/18/2023 FRUIT GROWERS SUPPLY 92380479 PVC SUPPLIES FOR DOG PARK 04/28/2023
E 10-450-245-000-000 4.19
4.19
4.19
80108 05/18/2023 GOVINVEST INC 2023-4532 FY2023-24 PENSION, OPEB, AND COSTING 05/08/2023
B 10-017-00-00 12,126.40
12,126.40
12,126.40
80109 05/18/2023 ANGELICA HERNANDEZ 05162023 REFUND PARK DEPOSIT FOR RICHARD 05/16/2023
B 23-515-22-00 50.00
50.00
50.00
80110 05/18/2023 HOME DEPOT CREDIT SERVICE 1270118 TOOLS FOR MAINTENANCE CREW AND 04/21/2023
E 10-110-210-000-000 28.52
E 10-175-210-000-000 22.07
E 10-175-218-000-000 92.70
E 10-175-246-000-000 92.89
E 10-195-246-000-000 153.69
389.87
7520621 SUPPLIES FOR STREET SIGN INSTALLATION 04/05/2023
E 94-175-229-000-000 122.94
122.94
2044297 SUPPLIES FOR BACKFLOW REPAIR AT 04/10/2023
E 10-450-245-000-000 70.43
70.43
C.10.b
Packet Pg. 328
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2023
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
MEETING OF THE GENERAL ASSEMBLY
IMPROVEMENT AT TAYLOR ST
5613080 SUPPLIES FOR STREET KIOSK 04/07/2023
E 10-175-230-000-000 55.38
55.38
7615198 SCREWS FOR GARAGE SHELVES 04/25/2023
E 10-175-246-000-000 12.47
12.47
4042830 TOPPERS FOR STREET SIGN INSTALLATION 03/29/2023
E 94-175-229-000-000 12.26
12.26
663.35
80111 05/18/2023 WILLIAM HUSSEY 05152023 EXPENSE REIMBURSEMENT - 2023 ANNUAL 05/15/2023
E 10-110-270-000-000 414.54
414.54
MAY2023 BH HLTH REIMMAY 2023 BH HEALTH REIMBURSEMENT 05/15/2023
E 10-110-142-000-000 305.08
305.08
719.62
80112 05/18/2023 INLAND BUSINESS FORMS 35129 BUSINESS CARDS - RODRIGO OCHOA 05/02/2023
E 10-185-210-000-000 52.80
52.80
35141 BUSINESS CARDS - JUDITH GARCIA 05/11/2023
E 10-370-210-000-000 49.96
49.96
35140 BUSINESS CARDS - HAIDE AGUIRRE 05/11/2023
E 10-370-210-000-000 49.96
49.96
152.72
80113 05/18/2023 INTERWEST CONSULTING GROUP 87543 PROFESSIONAL SERVICES FOR STREET 05/09/2023
E 10-370-250-205-000 150.00
150.00
150.00
C.10.b
Packet Pg. 329
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2023
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
PLANNING DEPT
PLANNING DEPT
PLANNING DEPT
FOR BRSP
STORM DRAIN CONDITION
CENTER AND PARKS
80114 05/18/2023 MICHAEL BAKER INTERNATIONAL 1173153 FEB 2023 ON-CALL STAFFING FOR 03/03/2023
E 10-370-250-000-000 17,827.92
17,827.92
1177250 MAR 2023 ON-CALL STAFFING FOR 04/21/2023
E 10-370-250-000-000 12,436.70
12,436.70
1172800 JAN 2023 ON-CALL STAFFING FOR 02/24/2023
E 10-370-250-000-000 8,955.07
8,955.07
1174834 FEB 2023 PROFESSIONAL SERVICES 03/23/2023
E 10-370-250-000-000 4,461.50
4,461.50
43,681.19
80115 05/18/2023 MIKE ROQUET CONSTRUCTION INC 0202-39CR ASPHALT EXCAVATION TO DIAGNOSE 05/08/2023
E 10-631-255-000-000 7,809.32
7,809.32
7,809.32
80116 05/18/2023 MORAN JANITORIAL SERVICES LLC 2193 APR 2023 JANITORIAL SERVICES FOR CIVIC 05/03/2023
E 10-195-245-000-000 1,304.00
E 10-450-245-000-000 1,325.00
2,629.00
2,629.00
80117 05/18/2023 GOVERNMENTJOBS COM INC NEOGOV INV-33813 FY2023-24 INSIGHT SOFTWARE 06/09/2023
B 10-017-00-00 4,448.23
4,448.23
C.10.b
Packet Pg. 330
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2023
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
SUBSCRIPTION
RICHARD ROLLINS PARK
- 04/25/2023
53009375
HOSTING
INV-35417 FY2023-24 GOVERNMENTJOBS.COM 08/18/2023
B 10-017-00-00 1,041.75
1,041.75
5,489.98
80118 05/18/2023 NEW WORLD PLUMBING INC 1122 INSTALLATION OF WATER BOTTLE FILLER AT 05/05/2023
E 49-445-700-000-000 3,800.00
3,800.00
3,800.00
80119 05/18/2023 OCCUPATIONAL HEALTH CENTERS CA 79038532 PRE-EMPL PHYSICAL: ANTONIO LOPEZ 04/26/2023
E 10-190-224-000-000 189.00
189.00
189.00
80120 05/18/2023 ODP BUSINESS SOLUTIONS LLC 307799600001 FY2022-23 OFFICE SUPPLIES 04/28/2023
E 10-190-210-000-000 67.92
67.92
310491521001 FY2022-23 OFFICE SUPPLIES 04/26/2023
E 10-110-210-000-000 6.76
E 10-172-210-000-000 13.10
E 10-190-210-000-000 39.63
59.49
127.41
80121 05/18/2023 ON SITE COMPUTING 54003140 JUN 2023 IT SERVICES 05/01/2023
E 10-380-250-000-000 10,187.00
10,187.00
SERVER MIGRATION TO AWS CLOUD 06/01/2023
E 10-380-250-000-000 6,265.00
6,265.00
C.10.b
Packet Pg. 331
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2023
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
FAILOVER INTERNET
AT CITY HALL
ROLLINS PARK SHLTR B 4/9/23 & 4/16/23
MEETING OF THE GENERAL ASSEMBLY
FEE FOR CANCELLED PARK RESERVATION
PROACTIVE PATROL
53009374 ROUTER CONFIGURATION FOR BACKUP 06/01/2023
E 10-380-250-000-000 2,300.27
2,300.27
53009378 REPLACEMENT BATTERY FOR SERVER 05/03/2023
E 10-380-250-000-000 1,121.71
1,121.71
19,873.98
80122 05/18/2023 ANGELICA PINEDA 05162023 REFUND PARK DEPOSIT FOR RICHARD 05/16/2023
B 23-515-22-00 100.00
100.00
100.00
80123 05/18/2023 SYLVIA ROBLES 05152023 EXPENSE REIMBURSEMENT - 2023 ANNUAL 05/15/2023
E 10-110-270-000-000 293.18
293.18
293.18
80124 05/18/2023 SUSIE ROEING 05162023 REFUND PARK DEPOSIT AND REGISTRATION 05/16/2023
R 10-450-01 80.00
B 23-515-22-00 50.00
130.00
130.00
80125 05/18/2023 SB COUNTY SHERIFF 22464 FY2022-23 Q2 SHERIFF OVERTIME - 02/17/2023
E 10-410-250-000-000 25,029.20
25,029.20
22463 FY2022-23 Q2 GAS & VEHICLE MAINTENANCE & SHERIFF OVERTIME02/17/2023
E 10-410-220-000-000 10,144.29
E 10-410-250-000-000 3,853.59
13,997.88
C.10.b
Packet Pg. 332
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2023
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
22466
QUALITY OF LIFE
CHRISTMAS PARADE
CITY HALL & SENIOR CENTER
SYSTEM RENTAL
22539 FY2022-23 Q2 INCREASED MOU COST 02/17/2023
E 10-410-256-000-000 13,511.00
13,511.00
FY2022-23 Q2 SHERIFF OVERTIME - 02/17/2023
E 10-410-250-000-000 2,681.70
2,681.70
22465 FY2022-23 Q2 SHERIFF OVERTIME - 02/17/2023
E 10-410-250-000-000 357.56
357.56
55,577.34
80126 05/18/2023 SITEONE LANDSCAPE SUPPLY 129448473-001 IRRIGATION SUPPLIES FOR DOG PARK 05/02/2023
E 10-450-245-000-000 63.60
63.60
63.60
80127 05/18/2023 SO CAL LOCKSMITH 64384 DUPLICATE KEYS MADE FOR CITY HALL 04/27/2023
E 10-195-246-000-000 120.43
120.43
120.43
80128 05/18/2023 SPARKLETTS 9637116 050123 APR2023 BOTTLED WATER SERVICES FOR 05/01/2023
E 10-190-238-000-000 187.38
E 10-805-238-000-000 96.11
283.49
16179154 050623 MAY2023 WATER FILTRATION 05/06/2023
E 10-190-238-000-000 92.00
92.00
375.49
80129 05/18/2023 TEAMSTERS LOCAL 1932 022 JUN 2023 EMPLOYEE PAID MEMBERSHIP DUES 05/15/2023
B 10-022-72-00 432.84
432.84
432.84
C.10.b
Packet Pg. 333
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2023
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
GRIFFIN PARK
432727183
CIVIC CENTER
SENIOR CENTER
ROLLINS PARK
SUBSCRIPTION
MAY-JUN 2023
MAY-JUN 2023
80130 05/18/2023 TERMINIX 432854822 APR 2023 GOPHER CONTROL FOR PICO PARK 04/27/2023
E 10-450-245-000-000 588.00
588.00
432727253 APR 2023 GOPHER CONTROL FOR 04/27/2023
E 10-450-245-000-000 157.00
157.00
APR 2023 PEST CONTROL SVCS FOR 04/27/2023
E 10-195-245-000-000 111.40
111.40
432727323 APR 2023 PEST CONTROL SVCS FOR 04/27/2023
E 10-805-245-000-000 107.00
107.00
432727299 APR 2023 GOPHER CONTROL FOR RICHARD 04/27/2023
E 10-450-245-000-000 77.00
77.00
1,040.40
80131 05/18/2023 THOMSON REUTERS WEST 848349683 MAY 2023 QUINLAN ZONING BULLETIN 05/04/2023
E 10-370-265-000-000 82.00
82.00
82.00
80132 05/18/2023 TIME WARNER CABLE 0262246050323 RICHARD ROLLINS PARK INTERNET - 05/03/2023
E 10-450-238-000-000 319.98
319.98
0007245050723 SR CTR CABLE INTERNET BLDG 3 - 05/07/2023
E 10-805-238-000-000 285.69
285.69
605.67
C.10.b
Packet Pg. 334
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Check Register
CITY OF GRAND TERRACE
As of 5/31/2023
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
AT CITY HALL
ROLLINS PARK SHLTR C 04/22/2023
(5) YARD SALE SIGNS
ACCIDENT INSURANCE
ACCIDENT INSURANCE
80133 05/18/2023 VERIZON WIRELESS 9933308336 ALPR CARD LINE CHARGES MAR-APR 2023 04/23/2023
E 10-190-235-000-000 190.05
190.05
190.05
80134 05/18/2023 WALLY S CARPETS AND TILE 3696 FLOOR INSTALLATION FOR BREAK ROOM 05/10/2023
E 10-195-706-000-000 1,400.00
1,400.00
1,400.00
80135 05/18/2023 ASIA WASHINGTON 05162023 REFUND PARK DEPOSIT FOR RICHARD 05/16/2023
B 23-515-22-00 50.00
50.00
50.00
80136 05/18/2023 VIRGINIA ZARAGOZA 05162023 REFUND YARD SALE SIGN DEPOSIT FOR 05/16/2023
B 23-515-22-00 50.00
50.00
50.00
587166 05/02/2023 AMERICAN FIDELITY ASSURANCE CO D587166 MAY 2023 - EMPLOYEE CANCER & 05/01/2023
B 23-250-20-00 283.56
283.56
283.56
597947 05/26/2023 AMERICAN FIDELITY ASSURANCE CO D597947 JUN 2023 - EMPLOYEE CANCER & ACCIDENT INSURANCE06/01/2023
B 23-250-20-00 239.68
239.68
239.68
C.10.b
Packet Pg. 335
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Check Register
CITY OF GRAND TERRACE
As of 5/31/2023
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
05/04/2023
#1002363410
1290409 05/09/2023 SO CA GAS COMPANY APR 2023 GAS SERVICEAPR 2023 GAS SERVICE 05/08/2023
E 10-190-238-000-000 481.91
E 10-805-238-000-000 102.80
584.71
584.71
4432041 05/03/2023 SO CA EDISON COMPANY APR 2023 EDISONAPR 2023 ENERGY USAGE 05/01/2023
E 10-172-238-000-000 91.41
E 10-175-238-000-000 91.41
E 10-190-238-000-000 4,296.37
E 10-450-238-000-000 2,032.95
E 16-510-238-000-000 7,504.64
E 26-600-238-000-000 72.09
E 26-601-238-000-000 60.56
E 26-602-238-000-000 83.62
E 26-603-238-000-000 14.41
E 26-604-238-000-000 63.71
E 26-605-238-000-000 51.25
14,362.42
14,362.42
17112554 05/09/2023 PUBLIC EMPLOYEES RETIREMENT PAYDTE 05042023 PERSRETIREMENT CONTRIBUTIONS FOR PAY DATE 05/04/2023
B 10-022-62-00 7,643.16
7,643.16
7,643.16
17160739 05/09/2023 CALPERS 457 PLAN PAYDATE 05042023 457EFT PAYMENT CALPERS ACH CONFIRM 05/04/2023
B 10-022-63-00 1,965.00
B 10-022-64-00 147.93
2,112.93
2,112.93
C.10.b
Packet Pg. 336
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2023
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
89076138 05/09/2023 WEX BANK 89076138 APR-MAY 2023 VEHICLE FUEL CHEVRON 05/06/2023
E 10-172-272-000-000 50.00
E 10-175-272-000-000 1,357.04
E 10-185-272-000-000 289.81
E 65-425-272-000-000 236.71
1,933.56
1,933.56
228796071 05/25/2023 VERIZON WIRELESS 9933766966 APR-MAY 2023 MONTHLY PHONE CHARGES 05/01/2023
E 10-140-235-000-000 51.18
E 10-172-235-000-000 51.18
E 10-175-235-000-000 701.29
E 10-185-235-000-000 199.38
E 10-805-238-000-000 760.42
E 65-425-235-000-000 102.36
1,865.81
1,865.81
C.10.b
Packet Pg. 337
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Check Register
CITY OF GRAND TERRACE
As of 5/31/2023
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
474210537 05/11/2023 US BANK APR2023 CAL CARDAPR-MAY 2023 CAL CARD CHARGES 05/08/2023
E 10-110-210-000-000 OFFICE SUPPLIES 195.59
E 10-110-220-000-000 MTRLS & SUPPLIES 16.00
E 10-110-270-000-000 CONFERENCE 753.89
E 10-120-210-000-000 OFFICE SUPPLIES 224.01
E 10-120-270-000-000 CONFERENCE 495.31
E 10-125-210-000-000 OFFICE SUPPLIES 97.30
E 10-125-270-000-000 CONFERENCE 1,042.73
E 10-140-270-000-000 CONFERENCE 445.46
E 10-172-270-000-000 CONFERENCE 30.57
E 10-172-272-000-000 VEHICLE MAINT 24.00
E 10-175-210-000-000 OFFICE SUPPLIES 21.54
E 10-175-218-000-000 MTRLS & SUPPLIES 92.07
E 10-175-219-000-000 MTRLS & SUPPLIES 1,515.44
E 10-175-230-000-000 ADVERTISING 92.97
E 10-175-245-000-000 MTRLS & SUPPLIES 383.54
E 10-175-246-000-000 MTRLS & SUPPLIES 187.97
E 10-175-270-000-000 CONFERENCE 590.00
E 10-175-272-000-000 VEHICLE MAINT 278.34
E 10-185-218-000-000 MTRLS & SUPPLIES 335.49
E 10-185-268-000-000 CONFERENCE 218.00
E 10-190-210-000-000 OFFICE SUPPLIES 21.17
E 10-190-211-000-000 POSTAGE 500.00
E 10-190-220-000-000 EMPLOYEE APPRECIATION 1,009.71
E 10-190-246-000-000 MTRLS & SUPPLIES 141.91
E 10-195-245-000-000 CITY HALL REPAIRS 68.45
E 10-195-706-000-000 MTRLS & SUPPLIES 38.00
E 10-380-210-000-000 OFFICE SUPPLIES 211.93
E 10-450-227-000-000 MTRLS & SUPPLIES 66.00
E 10-450-245-000-000 MTRLS & SUPPLIES 629.20
E 10-450-246-000-000 MTRLS & SUPPLIES 23.93
E 10-805-245-000-000 SR CTR MAINTENANCE 328.89
E 65-425-220-000-000 MTRLS & SUPPLIES 43.40
E 65-425-272-000-000 VEHICLE MAINT 60.25
Total Checks:377,225.53
E 94-175-229-000-000 MTRLS & SUPPLIES 405.84
10,588.90
10,588.90
C.10.b
Packet Pg. 338
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Invoice #
Check Register
CITY OF GRAND TERRACE
As of 5/31/2023
Check #Date Vendor Invoice Description Inv. Date Amount Paid Check Total
Christine Clayton, Finance Director
City of Grand Terrace
IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 37202, I HEREBY CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, THE AFORE LISTED
CHECKS FOR PAYMENT OF CITY LIABILITIES HAVE BEEN AUDITED BY ME AND ARE ACCURATE, NECESSARY AND APPROPRIATE EXPENDITURES FOR THE
OPERATION OF THE CITY. I FURTHER CERTIFY, TO THE BEST OF MY KNOWLEDGE, THAT THE CITY HAS AVAILABLE FUNDS FOR PAYMENT THEREOF.
C.10.b
Packet Pg. 339
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AGENDA REPORT
MEETING DATE: June 27, 2023 Council Item
TITLE: Setting Public Hearing for 2023-24 Landscape & Lighting
Assessment District 89-1 for July 11, 2023 at 6:00 P.M. or
Soon Thereafter as Feasible
PRESENTED BY: Shanita Tillman, Senior Management Analyst
RECOMMENDATION: 1. SET PUBLIC HEARING FOR JULY 11, 2023, AT
6:00 P.M. OR SOON THEREAFTER AS FEASIBLE
2. Adopt A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF GRAND TERRACE, CALIFORNIA,
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT
OF 1972, INITIATING PROCEEDINGS TO LEVY AND
INCREASE (AS PREVIOUSLY AUTHORIZED BY
PROPERTY OWNERS) ANNUAL ASSESSMENTS FOR
THE 2023-24 FISCAL YEAR FOR THE CITY OF GRAND
TERRACE LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT NO. 89-1 AND ORDERING THE
ENGINEER TO BE PREPARED AND FILE A REPORT IN
ACCORDANCE WITH ARTICLE IV OF CHAPTER 1 OF
SAID ACT; and
3. Adopt A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF GRAND TERRACE, CALIFORNIA, GIVING
PRELIMINARY APPROVAL OF THE ENGINEERS
REPORT FOR LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT NO. 89-1, AND THE LEVY,
INCREASE (AS PREVIOUSLY AUTHORIZED BY
PROPERTY OWNERS), AND COLLECTION OF ANNUAL
ASSESSMENTS RELATED THERETO FOR FISCAL YEAR
2023-24; and
4. Adopt A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF GRAND TERRACE, CALIFORNIA, SETTING
AND DECLARING ITS INTENTION TO CONDUCT A
PUBLIC HEARING FOR JULY 11, 2023, at 6:00 P.M. OR
SOON THEREAFTER AS FEASIBLE, ON LANDSCAPING
AND LIGHTING ASSESSMENT DISTRICT NO. 89-1, AND
INTENTION TO LEVY, INCREASE (AS PREVIOUSLY
AUTHORIZED BY PROPERTY OWNERS), AND COLLECT
ANNUAL ASSESSMENTS RELATED THERETO FOR
FISCAL YEAR 2023-24
2030 VISION STATEMENT:
C.11
Packet Pg. 340
This staff report supports Goal #1 to “Ensure our Fiscal Viability by ensuring appropriate
cost recovery for services.”
BACKGROUND:
In 1989, the City Council required developers of Tract 13364 to form Assessment
District 89-1 for the purpose of maintaining the landscaping and lighting serving the
project, as required by the conditions of approval. Subsequently, two (2) other
developments were required to be included, through annexation, into Assessment
District 89-1. The developments (Tracts 14264 and 14471) were annexed into
Assessment District 89-1 as Annexation No. 1.
To ensure all future developments were sustainable, Staff recommended that all future
developments be annexed into Assessment District 89-1. Therefore, the following
amendments occurred (note that each annexation may contain more than one
tract/zone):
A. Greenbriar on Mt. Vernon Avenue (Tract 17766) was annexed in 2016 as
Annexation No. 2.
B. Aegis Builders development on Pico Street (Tract 18793) was annexed in 2016
as Annexation No. 3.
C. Crestwood Development Project on Jaden Court (Tract 18071) was annexed as
Annexation No. 4 in 2018
D. Aegis-Van Buren Housing development on Tesoro Court/ Van Buren (Tract
18604) was annexed as Annexation No. 5, in 2019.
Each of the seven (7) tracts are considered a zone within the Assessment District. The
Assessment District has seven (7) zones in total with established assessments
approved by Council and are included in the Engineer’s Report.
DISCUSSION:
Each year, an Engineer’s Report is prepared and considered by the City Council for the
levy of annual assessments for the maintenance and operation of each zone within the
Assessment District. Assessment of each parcel is made in the same manner within
each zone, and at the same time, as payments are made for property taxes for each
property.
The Engineer’s Report takes into consideration costs of operation and maintenance
from the previous year, the proposed assessments include the cost of operation and
maintenance for the upcoming fiscal year for each zone. These costs are then spread to
the benefiting properties in each zone.
Zone 1 Tract 13364- Canal, Zone 2 Tract 14264- Forrest City Phase II, and Zone 3
Tract 14471- Oriole were established before Proposition 218, which was approved by
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voters on November 6, 1996, and granted taxpayers the right to vote on all local taxes
and requires taxpayer approval of new property related assessments and fees.
Therefore, the assessments for Zones 1-3 are not annually increased at a rate higher
than the rate that was in effect before the adoption of Proposition 218.
In order to assess Zone 1-3 at the rate that would cover the annual cost of services, a
Proposition 218 vote would have to be held and, generally, the number of property
owners agreeing to the change would have to exceed the number of property owners
disagreeing with the change (as determined pursuant to Proposition 218 and its related
legislation) within a Zone in order to be able to assess the proposed change in the
assessment.
Staff has reviewed the expenditures for the last FY 2022-2023. Based upon the analysis
staff proposed the maximum assessment of 10.7%, the assessment amount will
increase for the District for Fiscal Year 2023-2024.
A. The assessment rate per parcel for Zone 4 (Tract 17766) is $206.52.
B. The assessment rate per parcel for Zone 5 (Tract 18793) is $647.76
C. The assessment rate per parcel for Zone 6 (Tract 18071) is $1,862.98
D. The assessment rate per parcel for Zone 7 (Tract 18604) is $411.87
The maximum assessment rate for the escalating Zones (4, 5, 6, & 7) will fluctuate
based upon annual CPI changes as originally approved by the property owners;
however, Council will need to approve the adjusted rates to take effect. Council can
approve an assessment amount of 8.7% to the maximum assessment rate of 10.7%.
Servicing and administration of the City’s landscape maintenance program shall be
performed according to the provisions of the Landscaping and Lighting Act of 1972, Part
2, Division 15, of the Street and Highways Code of the State of California. The
Proceedings will be conducted under the Landscaping and Lighting Act of 1972, Part 2,
Division 15, Sections 22500 through 22679 of the Streets and Highways Code of the
State of California.
FISCAL IMPACT:
The Engineer's Report has estimated the fiscal impact will be $66,0004.82 to maintain
the Assessment District. The General Fund will account for $9,677.16 of that cost. The
majority of the amount will be reimbursed to the City through the collection of property
taxes by the County of San Bernardino for each parcel.
ATTACHMENTS:
• 1. Tract Maps Zone 1-7 (PDF)
• 2. Resolution- Initiating Proceedings (DOCX)
• 3. Engineer's Report (PDF)
• 4. Resolution - Preliminarily Approving Engineer's Report (DOCX)
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• 5. Resolution- Intention (to publish) (DOCX)
APPROVALS:
Shanita Tillman Completed 05/24/2023 8:47 AM
Finance Completed 06/05/2023 8:46 AM
City Manager Completed 06/05/2023 9:54 AM
City Council Pending 06/27/2023 6:00 PM
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CITY OF GRAND TERRACE
LANDSCAPE AND LIGHTING ASSESMENT DISTRICT
ZONE 4
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CITY OF GRAND TERRACE
LANDSCAPE AND LIGHTING ASSESMENT DISTRICT
ZONE 5
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CITY OF GRAND TERRACE
LANDSCAPE AND LIGHTING ASSESMENT DISTRICT
Zone 6
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CITY OF GRAND TERRACE
LANDSCAPE AND LIGHTING ASSESMENT DISTRICT
ZONE 7
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RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, PURSUANT TO THE LANDSCAPING AND
LIGHTING ACT OF 1972, INITIATING PROCEEDINGS TO LEVY
ANNUAL ASSESSMENTS FOR THE 2023-2024 FISCAL YEAR FOR THE
CITY OF GRAND TERRACE LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT NO. 89-1 AND ORDERING THE ENGINEER
TO PREPARE AND FILE A REPORT IN ACCORDANCE WITH ARTICLE
IV OF CHAPTER 1 OF SAID ACT
WHEREAS, the City Council has, by previous Resolutions, formed the City of Grand
Terrace LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1 (hereafter
referred to as “District”) pursuant to the provisions of the Landscaping and Lighting Act of
1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning
with Section 22500 (hereafter referred to as the “Act”), in which annual assessments have
been levied and collected in past fiscal years; and
WHEREAS, said Act requires that proceedings for the levy of assessments shall be
initiated by resolution describing any proposed new improvements or any substantial
changes in existing improvements in accordance with Chapter 3 (commencing with
Section 22620) of Part 2 of Division 15 of the Streets and Highway Code of the State of
California, and ordering the engineer to prepare and file a report in accordance with Article
4 of Chapter 1 of said Act.
WHEREAS, the CITY COUNCIL of the CITY OF GRAND TERRACE, CALIFORNIA,
desires to initiate proceedings for the annual levy of assessments for the District pursuant
to the terms and provisions of the "Landscaping and Street Lighting Act of 1972," being
Division 15, Part 2 of the Streets and Highways Code of the State of California.
WHEREAS, the proceedings for the annual levy of assessments shall relate to the fiscal
year commencing July 1, 2023, and ending June 30, 2024; and,
WHEREAS, the provisions of said Division 15, Part 2 require a written "Report," consisting
of the following:
1. Plans and specifications of the area of the works of improvement to be maintained;
2. An estimate of the costs for maintaining the improvements for the above referenced
fiscal year;
3. A diagram of the area proposed to be assessed;
4. An assessment of the estimated costs for maintenance work for said fiscal year.
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grand Terrace
does hereby resolve, determine and order as follows:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the proposed maintenance work within the area proposed to be
assessed shall be for certain street lighting and landscaping improvements, as said
maintenance work is set forth in the "Report" to be presented to this City Council for
consideration.
SECTION 3. That Shanita Tillman, Management Analyst, or his designee, is hereby
ordered to prepare and file with this City Council, a "Report" relating to said annual
assessment and levy in accordance with the provisions of Article IV, commencing with
Section 22565 of Chapter 1 of the Streets and Highways Code of the State of California.
SECTION 4. That upon completion, said "Report" shall be filed with the City Clerk, who
shall then submit the same to this City Council for its consideration pursuant to Sections
22623 and 22624 of said Streets and Highways Code.
PASSED, APPROVED AND ADOPTED this 27th day of JUNE, 2023, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
__________________________ __________________________
Debra L. Thomas Bill Hussey
City Clerk, City of Grand Terrace Mayor, City of Grand Terrace
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF GRAND TERRACE )
I, __________________, City Clerk of the CITY OF GRAND TERRACE,
CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution
No. 2023- ________ was duly passed, approved and adopted by the City Council,
approved and signed by the Mayor, and attested by the City Clerk, all at the regular
meeting of said City Council held on the 27th day of JUNE 2023, and that the same was
passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
EXECUTED this 27th day of JUNE 2023, at Grand Terrace, California.
_________________________________
Debra L. Thomas
City Clerk for the City of Grand Terrace
[SEAL]
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City of Grand Terrace
Landscaping and Lighting
Assessment District No. 89-1
2023/2024 ENGINEER’S REPORT
Intent Meeting: June 27, 2023
Public Hearing: July 11, 2023
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com
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ENGINEER'S REPORT AFFIDAVIT
Establishment of Annual Assessments for the:
Landscaping and Lighting Assessment District No. 89-1
City of Grand Terrace,
County of San Bernardino, State of California
This Report describes the improvements, budgets, parcels and assessments to be levied for
Fiscal Year 2023/2024. Reference is hereby made to the San Bernardino County Assessor’s
maps for a detailed description of the lines and dimensions of the parcels within the District.
The undersigned respectfully submits the enclosed Report as directed by the City Council.
Dated this ____________ day of ______________, 2023.
Willdan Financial Services
Assessment Engineer
On Behalf of the City of Grand Terrace
By: ________________________________
Chonney Gano, Project Manager
District Administration Services
By: ________________________________
Tyrone Peter
P. E. # C 81888
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TABLE OF CONTENTS
INTRODUCTION ............................................................................................................. 1
Section I. PLANS AND SPECIFICATIONS ................................................................ 3
Improvements Authorized by the 1972 Act .............................................................. 3
District Plans and Specifications .............................................................................. 4
Section II. METHOD OF APPORTIONMENT ............................................................... 8
Proposition 218 Benefit Analysis ............................................................................. 9
Benefit Analysis ......................................................................................................... 9
Assessment Methodology ....................................................................................... 11
Assessment Range Formula ................................................................................... 11
Section III. ESTIMATE OF IMPROVEMENT COSTS .................................................. 13
Section IV. ASSESSMENT DIAGRAMS ..................................................................... 21
Section V. ASSESSMENT ROLL ............................................................................... 28
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2023/2024 City of Grand Terrace - L&L AD No. 89-1 Page 1
INTRODUCTION
The City Council of the City of Grand Terrace (the “City”) adopted its General Plan with
various elements to provide guidelines for orderly development within the community.
The City Council further adopted ordinances and regulations governing the development
of land providing for the installation and construction of certain landscaping, lighting and
appurtenant facilities to enhance the quality of life and to benefit the value of property.
The requirement for the construction and installation of landscaping, lighting and
appurtenant facilities is a condition of approval for development and is a requirement of
issuance of a permit for the construction of any residential, commercial, industrial and
planned unit development. The installation of landscaping and lighting systems and the
construction of the necessary appurtenant facilities is the responsibility of the property
owner/applicant, as conditions of approval of a development application. The City may
cause the installation by property owners directly or accept financial arrangements for
installation of these facilities. The cost of servicing, operation, maintenance, repair and
replacement of the landscaping, lighting and appurtenant facilities in turn becomes the
responsibility of the benefiting properties.
The owners/applicants petitioned for formation of the Landscaping Lighting Assessment
District and/or annexation. These have been completed and will increase the City’s
obligation for maintenance and servicing.
The City is administering a lighting system for the benefit of all parcels of land within the
City. The lighting benefit is directly related to public safety and property protection. These
benefits have been studied widely, locally, regionally and nationally.
The City formed Landscaping and Lighting Assessment District 89-1 (the “District”) in
1989 and subsequently annexed other parcels as Annexation No. 1, Annexation No. 2
Annexation No. 3, Annexation No. 4, and Annexation No. 5 to said District to ensure a fair
and equitable levying of the necessary costs of servicing and maintenance of the
respective facilities, which in turn will enhance the value of each parcel in the District
directly and collectively.
The boundaries of the District, which include Annexations 1, 2, 3, 4, and 5 are the
boundaries of Zone 1 - Tract 13364 filed in Map Book 203, Pages 89 through 92, Records
of San Bernardino County (the “County”). The boundaries of Zone 2 - Tract 14264 and
Zone 3 – Tract 14471 filed in Map Book 242, Pages 17 and 18, Zone 4 – Tract 17766
filed in Map Book 237, Pages 41 and 42, and Zone 5 – Tract 18793 filed in Map Book
115, Pages 81-82. The boundaries of Zone 6 – Tract 18071 and Zone 7 –18604 filed in
Map Book 1178 Page 18 and Map Book 1167 Page 34, respectively, of the County.
Servicing and administration of the City’s landscape maintenance program shall be
according to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division
15 of the Streets and Highways Code of the State of California (the “1972 Act”).
Payment for the assessment for each parcel will be made in the same manner and at the
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2023/2024 City of Grand Terrace - L&L AD No. 89-1 Page 2
same time as payments are made for property taxes for each property.
The proceedings will be conducted under the 1972 Act Sections 22500 through 22679.
This Engineer’s Report (the “Report”) is presented for the purpose of levy of annual
assessment to the above-described properties for the purpose of maintaining the lighting
and landscaping during the Fiscal Year 2023/2024.
This Report contains the necessary data required to conduct the proceedings and is
submitted to the Clerk of the City for filing.
The word “parcel,” for the purposes of this Report, refers to an individual property
assigned its own Assessor’s Parcel Number (“APN”) by the San Bernardino County (the
“County”) Assessor’s Office. The County Auditor/Controller uses Assessor’s Parcel
Numbers and a dedicated fund number established for the District to identify properties
to be assessed on the tax roll and the allocation of the funds collected.
This Report consists of the following sections:
Section I
Plans and Specifications: Description of the District's improvements are filed herewith
and made a part hereof. Said plans and specifications are on file in the Office of the City
Clerk.
Section II
Method of Apportionment: A discussion of the general and special benefits associated
with the overall landscaping street lighting improvements provided within the District
(Proposition 218 Benefit Analysis). This section also includes a determination of the
proportional costs of the special benefits and a separation of costs considered to be of
general benefit (and therefore not assessed). This section of the Report also outlines the
method of calculating each property’s proportional special benefit.
Section III
Estimate of Improvement Costs: An estimate of the cost of the proposed
improvements, including incidental costs and expenses in connection therewith, is as set
forth on the lists thereof, attached hereto, and are on file in the Office of the City Clerk.
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Section IV
Assessment Diagrams: A diagram showing the boundaries of the District is provided in
this Report and includes all parcels that receive special benefits from the improvements.
Parcel identification, the lines and dimensions of each lot, parcel and subdivision of land
within the District, are inclusive of all parcels as shown on the County Assessor's Parcel
Maps as they existed at the time this Report was prepared and shall include all
subsequent subdivisions, lot-line adjustments or parcel changes therein. Reference is
hereby made to the County Assessor’s maps for a detailed description of the lines and
dimensions of each lot and parcel of land within the District.
Section V
Assessment Roll: A listing of the proposed assessment amount for each parcel within
the District. The proposed assessment amount for each parcel is based on the parcel’s
calculated proportional special benefit as outlined in the method of apportionment and
proposed assessment rate established in the District Budget. These assessment amounts
represent the assessments proposed to be levied and collected on the County Tax Rolls
for Fiscal Year 2023/2024.
Section I. PLANS AND SPECIFICATIONS
Improvements Authorized by the 1972 Act
As applicable or may be applicable to this District, the 1972 Act defines improvements to
mean one or any combination of the following:
• The installation or planting of landscaping.
• The installation or construction of statuary, fountains, and other ornamental
structures and facilities.
• The installation or construction of public lighting facilities.
• The installation or construction of any facilities which are appurtenant to any
of the foregoing, or which are necessary or convenient for the maintenance
or servicing thereof, including, but not limited to, grading, clearing, removal
of debris, the installation or construction of curbs, gutters, walls, sidewalks,
or paving, or water, irrigation, drainage, or electrical facilities.
• The maintenance or servicing, or both, of any of the foregoing.
• The acquisition of any existing improvement otherwise authorized pursuant
to this section.
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Incidental expenses associated with the improvements including, but not limited to:
• The cost of preparation of the Report, including plans, specifications,
estimates, diagram, and assessment;
• The costs of printing, advertising, and the publishing, posting, and mailing
of notices;
• Compensation payable to the County for collection of assessments;
• Compensation of any engineer or attorney employed to render services;
• Any other expenses incidental to the construction, installation, or
maintenance and servicing of the improvements;
• Any expenses incidental to the issuance of bonds or notes pursuant to
Section 22662.5.
• Costs associated with any elections held for the approval of a new or
increased assessment.
The 1972 Act defines "maintain" or "maintenance" to mean furnishing of services and
materials for the ordinary and usual maintenance, operation, and servicing of any
improvement, including:
• Repair, removal, or replacement of all or any part of any improvement.
• Providing for the life, growth, health, and beauty of landscaping, including
cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease
or injury.
• The removal of trimmings, rubbish, debris, and other solid waste.
• The cleaning, sandblasting, and painting of walls and other improvements
to remove or cover graffiti.
District Plans and Specifications
The District provides the necessary funding source for the annual maintenance, operation
and servicing of the improvements that have been constructed and installed for the benefit
of properties within the District.
Landscaping and appurtenant facilities generally include trees, shrubs, plants, turf,
irrigation systems, and necessary appurtenances including curbs, hardscape,
monumentations, fencing located in public right-of-ways, medians, parkways, and/or
easements adjacent to public right-of-ways, in and along public thoroughfares and certain
designated primary and secondary arterials.
Lighting and appurtenant facilities includes poles, lighting fixtures, conduits, and the
necessary equipment to maintain, operate and replace a lighting system at designated
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intersections, in medians, parkways and adjacent to certain public facilities in and along
certain streets, right-of-ways and designated lots.
The installation of planting, landscaping, irrigation systems, lighting and the construction
of appurtenant facilities to be operated, serviced and maintained, is more specifically
described herein whereas, the landscaping and lighting facilities have been or will be
provided by developers as a condition of subdivision of land, on part of the Conditional
Use review and approval process.
A. ZONES OF BENEFIT
In an effort to ensure an appropriate allocation of the estimated annual cost to provide the
District improvements based on proportional special benefits, this District is established
with benefit zones (“Zones”) as authorized pursuant to Chapter 1 Article 4, Section 22574
of the 1972 Act:
“The diagram and assessment may classify various areas within an assessment
district into different zones where, by reason of variations in the nature, location, and
extent of the improvements, the various areas will receive differing degrees of benefit
from the improvements. A zone shall consist of all territory which will receive
substantially the same degree of benefit from the improvements.”
The parcels, lots, subdivisions and developments within the District are identified and
grouped into one of seven (7) Zones. Each Zone reflects the landscape improvements
associated with the development of properties in that Zone, to fairly and equitably
apportion the net cost of providing those improvements to the properties that receive
special benefits from the service and activities associated with those improvements. All
of the parcels in the District are identified as single-family residential properties within
three residential developments. These residential developments have been grouped into
seven different Zones that reflect each specific budget and improvements for that
particular Zone. By establishing and utilizing a Zone structure, similar properties with
similar types of improvements will be assessed a proportional amount for the services
and activities provided by the District within each respective Zone.
The improvements are the operation, maintenance and servicing of landscaping, lighting
and appurtenant facilities described as follows:
Zone 1 - Tract 13364
(a) Landscaping
Landscaping, planting, shrubbery, trees, turf, irrigation systems,
monuments, hardscapes, walls, fencing and appurtenant facilities in public
right-of-ways and easements within the proposed boundary of the District.
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(b) Lighting
Poles, fixtures, bulbs, conduits, equipment posts and pedestals, metering
devices and appurtenant facilities as required to provide lighting in public
right-of-ways and easements within the proposed boundaries of the District.
A total of 5 streetlights are included in the boundaries of this development.
Zone 2 - Tract 14264
(a) Lighting
Poles, fixtures, bulbs, conduits, equipment, posts, pedestals, metering
devices and appurtenant facilities as required to provide lighting in public
right-of-ways and easements within the proposed boundaries of the District.
A total of 7 streetlights are included in the boundaries of this development.
Zone 3 - Tract 14471
(a) Landscaping
Landscaping, planting shrubbery, trees, and vines with Lot “A” of said Tract
14471, along with irrigation system for the improvements within Lot “A”.
(b) Lighting
Poles, fixtures, conduits, equipment, posts, pedestals, metering devices
and appurtenant facilities as required to provide lighting in public right-of-
ways and easements within the boundaries of the District. A total of 6
streetlights are maintained within the boundaries of this development.
Zone 4 – Tract 17766
(a) Landscaping
Landscaping, planting, shrubbery, trees, turf, irrigation systems,
monuments, hardscapes, walls, fencing and appurtenant facilities in public
right-of-ways and easements within the proposed boundary of the District.
(b) Lighting
Poles, fixtures, bulbs, conduits, equipment posts and pedestals, metering
devices and appurtenant facilities as required to provide lighting in public
right-of-ways and easements within the proposed boundaries of the District.
A total of 1 streetlight is included in the boundaries of this development.
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Zone 5 – Tract 18793
(a) Landscaping
Landscaping, planting, shrubbery, trees, turf, irrigation systems,
monuments, hardscapes, walls, fencing and appurtenant facilities in public
right-of-ways and easements within the proposed boundary of the District.
(b) Lighting
Poles, fixtures, bulbs, conduits, equipment posts and pedestals, metering
devices and appurtenant facilities as required to provide lighting in public
right-of-ways and easements within the proposed boundaries of the District.
A total of 5 streetlights are included in the boundaries of this development.
Zone 6 – Tract 18071
(a) Landscaping
Landscaping, planting, shrubbery, trees, turf, irrigation systems,
monuments, hardscapes, walls, fencing and appurtenant facilities in public
right-of-ways and easements within the proposed boundary of the District.
Additionally,, the District will include the maintenance of a water quality
basin, designed for storm water runoff purposes.
(b) Lighting
Poles, fixtures, bulbs, conduits, equipment posts and pedestals, metering
devices and appurtenant facilities as required to provide lighting in public
right-of-ways and easements within the proposed boundaries of the District.
A total of 4 streetlights are included in the boundaries of this development.
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Zone 7 – Tract 18604
(a) Landscaping
Landscaping, planting, shrubbery, trees, turf, irrigation systems,
monuments, hardscapes, walls, fencing and appurtenant facilities in public
right-of-ways and easements within the proposed boundary of the District.
Additionally,, the District will include graffiti removal on the block wall along
the east side of the Gage Canal within the western boundary of the tract,
streetlights, and street trees along Tesoro Court and Van Buren Street. Lot:
B” of said tract is designated as a retention basin and will be maintained as
a dual-purpose basin, for retaining water and for a small playground.
(b) Lighting
Poles, fixtures, bulbs, conduits, equipment posts and pedestals, metering
devices and appurtenant facilities as required to provide lighting in public
right-of-ways and easements within the proposed boundaries of the District.
A total of 3 streetlights are included in the boundaries of this development.
Section II. METHOD OF APPORTIONMENT
The 1972 Act permits the establishment of assessment districts by agencies for the
purpose of providing certain public improvements, including the acquisition, construction,
installation, and servicing of street lighting improvements and related facilities. The 1972
Act requires that the cost of these improvements be levied according to benefit rather
than assessed value:
“The net amount to be assessed upon lands within an assessment district may be
apportioned by any formula or method which fairly distributes the net amount among all
assessable lots or parcels in proportion to the estimated benefits to be received by each
such lot or parcel from the improvements.”
The formulas used for calculating assessments reflect the composition of parcels within
the District (which are all residential properties) and the improvements and activities to
be provided and have been designed to fairly apportion costs based on a determination
of the proportional special benefits to each parcel within each Zone, consistent with the
requirements of the 1972 Act and the provisions of Proposition 218 and Article XIII D of
the California Constitution (“Article XIID”). For each Zone within the District, each parcel
represents one (1) Equivalent Benefit Unit (“EBU”).
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The following formula is used to arrive at the levy amount for each parcel within
each Zone:
Levy per EBU (rate) x Parcel’s EBU = Parcel Levy Amount
Proposition 218 Benefit Analysis
The costs of the proposed improvements for Fiscal Year 2023/2024 have been identified
and allocated to properties within the District based on special benefit. The improvements
provided by this District and for which properties are assessed are public street lighting
and landscaping improvements. These improvements generally were installed in
connection with the development of the properties within the District. Article XIIID Section
2(d) defines District as follows:
“District means an area determined by an agency to contain all parcels which will receive
a special benefit from a proposed public improvement or property-related service”;
Article XIIID Section 2(i) defines Special benefit as follows:
“Special benefit” means a particular and distinct benefit over, and above general benefits
conferred on real property located in the district or to the public at large. General
enhancement of property value does not constitute “special benefit.”
Article XIIID Section 4(a) defines proportional special benefit assessments as follows:
“An agency which proposes to levy an assessment shall identify all parcels which will
have a special benefit conferred upon them and upon which an assessment will be
imposed. The proportionate special benefit derived by each identified parcel shall be
determined in relationship to the entirety of the capital cost of a public improvement, the
maintenance and operation expenses of a public improvement, or the cost of the property
related service being provided. No assessment shall be imposed on any parcel which
exceeds the reasonable cost of the proportional special benefit conferred on that parcel.”
Benefit Analysis
Special Benefit
The special benefits properties within the District will receive from the proposed
improvements include, but are not limited to:
• Improved aesthetic appeal of nearby properties providing a positive
representation of the area and properties.
• Enhanced adaptation of adequate green space, trees, and amenities within
the urban environment.
Total Balance to Levy = Levy per EBU
Total EBU
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• Increased sense of pride in ownership of properties within the District
resulting from their association with well-maintained improvements.
• Enhanced quality of life and working environment within the area that is
promoted by well-maintained landscaped areas and amenities.
• Reduced criminal activity and property-related crimes (especially
vandalism) against properties in the District through well-maintained
surroundings and amenities within public areas.
• Increased social opportunities and leisure activities for customer’s residents
and families, provided by a well-maintained neighborhood destination place
for relaxation, socializing, and entertainment that is within easy walking
distance.
• Enhanced environmental quality of the parcels by moderating
temperatures, providing oxygenation and attenuating noise.
The preceding special benefits contribute to the overall aesthetic value and desirability of
each of the assessed parcels within the District and thereby provide a special
enhancement to these properties. Furthermore, it has been determined that the lack of
funding to properly service and maintain the improvements would ultimately result in the
deterioration of the improvements and facilities, which in turn could negatively impact the
properties within the District. As such, the annual costs of ensuring the ongoing
maintenance and operation of these improvements are considered a distinct and special
benefit to the properties within the District and are therefore considered the financial
obligation of those properties. The cost of any improvement or portion thereof that is
considered to be of general benefit shall not be included as part of the special benefit
assessments allocated to properties within the District.
General Benefit
In the absence of a special funding District, the City would typically provide only weed
abatement and erosion control services for landscaped areas. The cost to provide this
baseline level of service is approximately $0.01 per square foot for landscape areas that
require maintenance. Zone 1 – Tract 13364 has approximately 29,100 square feet of
landscape space, Zone 2 – Tract 14264 has no landscaping area that the City maintains
and Zone 3 – Tract 14471 has approximately 9,045 square feet of landscape space, Zone
4 – Tract 17766 has approximately 3,856 square feet of landscaped space, Zone 5 –
Tract 18793 has approximately 4,668 square feet of landscaped space, Zone 6 – Tract
18071 has approximately 61,750 square feet of landscaped space, Zone 7 – Tract 18604
has approximately 3,239 square feet of landscaped space. The proposed budgets for
Fiscal Year 2023/2024 show the general benefit amount which will be deducted from the
cost of maintenance to arrive at a net special benefit assessment rate.
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Assessment Methodology
This District was formed to establish and provide for the improvements that enhance the
presentation of the surrounding properties and developments. These improvements will
directly benefit the parcels to be assessed within the District. The assessments and
method of apportionment is based on the premise that the assessments will be used to
construct and install landscape and lighting improvements within the existing District as
well as provide for the annual maintenance of those improvements, and the assessment
revenues generated by District will be used solely for such purposes.
The costs of the proposed improvements have been identified and allocated to properties
within the District based on special benefit. The improvements to be provided by this
District and for which properties will be assessed have been identified as an essential
component and local amenity that provides a direct reflection and extension of the
properties within the District which the property owners and residents have expressed a
high level of support.
The method of apportionment (method of assessment) set forth in the Report is based on
the premise that each assessed property receives special benefits from the landscape
and lighting improvements within the District, and the assessment obligation for each
parcel reflects that parcel’s proportional special benefits as compared to other properties
that receive special benefits.
To identify and determine the proportional special benefit to each parcel within the District,
it is necessary to consider the entire scope of the improvements provided as well as the
properties that benefit from those improvements. The improvements and the associated
costs described in this Report, have been carefully reviewed and have been identified
and allocated based on a benefit rationale and calculations that proportionally allocate
the net cost of only those improvements determined to be of special benefit to properties
within the District.
Assessment Range Formula
Any new or increased assessment requires certain noticing and meeting requirements by
law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and
XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to
exclude certain conditions. These conditions included "any assessment that does not
exceed an assessment formula or range of assessments previously adopted by the
agency or approved by the voters in the area where the assessment is imposed." This
definition and conditions were later confirmed through Senate Bill 919 (the Proposition
218 implementing legislation).
The purpose of establishing an assessment range formula is to provide for reasonable
increases and inflationary adjustment to annual assessments without requiring costly
noticing and mailing procedures, which could add to the District costs and assessments.
As part of the District formation, balloting of property owners is required pursuant to the
Article XIIID Section 4. The property owner ballots include an Assessment to be
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approved, as well as the approval of an assessment range formula.
The assessment range formula for District assessments may be applied to future
assessments within the District commencing with Fiscal Year 2018/2019 for Zone 4 –
Tract 17766 and Zone 5 – Tract 18793, Fiscal Year 2019/2020 for Zone 6 – Tract 18071
and Fiscal Year 2020/2021 for Zone 7. Zone 1 – Tract 13364, Zone 2 – Tract 14264 and
Zone 3 14471 do not have an increase in assessments. The following describes the
assessment range formula:
The Maximum Assessment is equal to the initial Assessment approved by property
owners adjusted annually by the percentage increase of the Local Consumer Price Index
(“CPI”) plus two percent (2%). As of January 2018, the Bureau of Labor Statistics (the
“BLS”) split the Los Angeles-Riverside-Orange County Area for all Urban Consumers to
Los Angeles-Long Beach-Anaheim area and Riverside-San Bernardino-Ontario Area.
Each fiscal year, the Maximum Assessment will be recalculated, and a new Maximum
Assessment established. Currently, the District uses the Annual Riverside-San
Bernardino-Ontario CPI index to compute the CPI difference each year. For Fiscal Year
2023/2024, the percentage difference is 8.7016%. Therefore, the Maximum Assessment
will increase by 10.7016%.
The Maximum Assessment is adjusted annually and is calculated independent of the
annual budgets and proposed assessments established for each Zone of the District. Any
proposed annual assessment (rate per EBU) less than or equal to this Maximum
Assessment (for each Zone) is not considered an increased assessment, even if the
proposed assessment is much greater than the assessment applied in the prior fiscal
year.
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2023/2024 City of Grand Terrace - L&L AD No. 89-1 Page 13
Section III. ESTIMATE OF IMPROVEMENT COSTS
In accordance with Streets and Highways Code Section 22660(a), the City Council has
determined that the estimated cost of certain proposed improvements, described in
Section 22525, subdivisions (a) through (d), are greater than can conveniently be raised
from a single assessment, and, as a result, shall be collected in installments and held in
a reserve account. In particular, Zone 1, Zone 3, Zone 4, Zone 5, Zone 6, and Zone 7
requires trimming and pruning landscaping services that are proposed to be performed
every five years. The proposed assessment includes a budgeted amount for trimming
and pruning to collect for these services.
The following outlines the budget to fund the District improvements based on the
improvements to be maintained and the associated incidental expenses for Fiscal Year
2023/2024, resulting in the proportional assessments calculated for each parcel that will
be applied to the County Tax Rolls for Fiscal Year 2023/2024. The cost of maintaining
improvements for Fiscal Year 2023/2024 are summarized as follows:
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2023/2024 City of Grand Terrace - L&L AD No. 89-1 Page 14
Zone 1 Tract 13364 – Canal
Budget Item Fiscal Year 2023/24
Current Assessment
Energy Costs – Street Lighting $715.00
Water Supply 5,500.00
Landscape Maintenance 1,800.00
Tree Maintenance 1,600.00
Legal 600.00
Engineering 350.00
Annual Costs Total $10,565.00
General Benefit - Collection/(Contribution) ($291.00)
General Fund - Collection/(Contribution) ($4,627.40)
Balance to Levy $5,646.60
Fiscal Year 2023/24 Assessment per Parcel $282.3300
Fiscal Year 2023/24 Max Assessment per Parcel $282.3300
Fiscal Year 2022/23 Max Assessment per Parcel $282.3300
Number of Parcels (EBU) 20
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2023/2024 City of Grand Terrace - L&L AD No. 89-1 Page 15
Zone 2 Tract 14264 – Forrest City Phase II
Budget Item Fiscal Year 2023/24
Current Assessment
Energy Costs – Street Lighting $810.00
Professional $990.00
Legal 600.00
Engineering 350.00
Annual Costs Total $2,750.00
General Benefit - Collection/(Contribution)* $0.00
General Fund - Collection/(Contribution) ($1,334.36)
Balance to Levy $1,415.64
Fiscal Year 2023/24 Assessment per Parcel $1,415.6400
Fiscal Year 2023/24 Max Assessment per Parcel $1,415.6400
Fiscal Year 2022/23 Max Assessment per Parcel $1,415.6400
Number of Parcels (EBU) 1
*Parcels under zone 2 receive no General Benefit, because there is no landscaping.
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2023/2024 City of Grand Terrace - L&L AD No. 89-1 Page 16
Zone 3 Tract 14471 – Oriole
Budget Item Fiscal Year 2023/24
Current Assessment
Energy Costs – Street Lighting $665.00
Water Supply 2,500.00
Landscape Maintenance 960.00
Tree Maintenance 4,000.00
Legal 600.00
Engineering 350.00
Annual Costs Total $9,075.00
General Benefit - Collection/(Contribution)* ($90.45)
General Fund - Collection/(Contribution) (3,715.40)
Balance to Levy $5,269.15
Fiscal Year 2023/24 Assessment per Parcel $309.9500
Fiscal Year 2023/24 Max Assessment per Parcel $309.9500
Fiscal Year 2022/23 Max Assessment per Parcel $309.9500
Number of Parcels (EBU) 17
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2023/2024 City of Grand Terrace - L&L AD No. 89-1 Page 17
Zone 4 Tract 17766 – Greenbriar
Budget Item Fiscal Year 2023/24
Current Assessment
Energy Costs – Street Lighting $140.00
Tree Maintenance 1,600.00
Legal 600.00
Contractual 500.00
Engineering 350.00
Annual Costs Total $3,190.00
General Benefit - Collection/(Contribution) ($38.56)
HOA - Collection/(Contribution) (3,839.44)
Reserve Fund - Collection/(Contribution) $7,916.20
General Fund - Collection/(Contribution) $0.00
Balance to Levy $7,228.20
Fiscal Year 2023/24 Assessment per Parcel $206.5200
Fiscal Year 2023/24 Max Assessment per Parcel $206.5222
Fiscal Year 2022/23 Max Assessment per Parcel $186.5575
Number of Parcels (EBU) 35
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2023/2024 City of Grand Terrace - L&L AD No. 89-1 Page 18
Zone 5 Tract 18793 – Palomino
Budget Item Fiscal Year 2023/24
Current Assessment
Energy Costs – Street Lighting $650.00
Landscape Maintenance 200.00
Tree Maintenance 1,000.00
Legal 600.00
Contractual 2,500.00
Engineering 350.00
Annual Costs Total $5,300.00
General Benefit - Collection/(Contribution) ($46.68)
Reserve Fund - Collection/(Contribution) $2,519.80
General Fund - Collection/(Contribution) $0.00
Balance to Levy $7,773.12
Fiscal Year 2023/24 Assessment per Parcel $647.7600
Fiscal Year 2023/24 Max Assessment per Parcel $647.7637
Fiscal Year 2022/23 Max Assessment per Parcel $585.1437
Number of Parcels (EBU) 12
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2023/2024 City of Grand Terrace - L&L AD No. 89-1 Page 19
Zone 6 Tract 18071 – Jaden
Budget Item Fiscal Year 2023/24
Current Assessment
Energy Costs - Street Lighting $2,500.00
Landscape Maintenance 14,000.00
Tree Maintenance 5,500.00
Legal 600.00
Contractual 2,000.00
Engineering 350.00
Annual Costs Total $24,950.00
General Benefit - Collection/(Contribution) ($617.50)
Reserve Fund - Collection/(Contribution) $7,337.99
General Fund - Collection/(Contribution) $0.00
Balance to Levy $31,670.49
Fiscal Year 2023/24 Assessment per Parcel $1,862.97
Fiscal Year 2023/24 Max Assessment per Parcel $1,862.98
Fiscal Year 2022/23 Max Assessment per Parcel $1,682.88
Number of Parcels (EBU) 17
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2023/2024 City of Grand Terrace - L&L AD No. 89-1 Page 20
Zone 7 Tract 18604 – Tesoro/Van Buren
Budget Item Fiscal Year 2023/24
Current Assessment
Tree Maintenance $1,500.00
Legal 600.00
Contractual 1,000.00
Engineering 350.00
Annual Costs Total $3,450.00
General Benefit - Collection/(Contribution) ($32.39)
Reserve Fund - Collection/(Contribution) $3,584.01
General Fund - Collection/(Contribution) $0.00
Balance to Levy $7,001.62
Fiscal Year 2023/24 Assessment per Parcel $411.8600
Fiscal Year 2023/24 Max Assessment per Parcel $411.8692
Fiscal Year 2022/23 Max Assessment per Parcel $372.0533
Number of Parcels (EBU) 17
The total approved assessment for Fiscal Year 2023/2024 is $66,004.82
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2023/2024 City of Grand Terrace - L&L AD No. 89-1 Page 21
Section IV. ASSESSMENT DIAGRAMS
An Assessment Diagram for the District has been submitted to the Clerk of the City in the
format required under the provision of the Act. The lines and dimensions of each lot or
parcel within the District are those lines and dimensions shown on the maps of the
Assessor of the County of San Bernardino, for the year when this Report was prepared,
and are incorporated by reference herein and made part of this Report. The following
pages show the boundaries of each of the Zones in the District.
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2023/2024 City of Grand Terrace - L&L AD No. 89-1 Page 23
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2023/2024 City of Grand Terrace - L&L AD No. 89-1 Page 24
CITY OF GRAND TERRACE
LANDSCAPE AND LIGHTING ASSESMENT DISTRICT
ZONE 4
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2023/2024 City of Grand Terrace - L&L AD No. 89-1 Page 25
CITY OF GRAND TERRACE
LANDSCAPE AND LIGHTING ASSESMENT DISTRICT
ZONE 5
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2023/2024 City of Grand Terrace - L&L AD No. 89-1 Page 26
CITY OF GRAND TERRACE
LANDSCAPE AND LIGHTING ASSESMENT DISTRICT
Zone 6
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2023/2024 City of Grand Terrace - L&L AD No. 89-1 Page 27
CITY OF GRAND TERRACE
LANDSCAPE AND LIGHTING ASSESMENT DISTRICT
ZONE 7
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2023/2024 City of Grand Terrace - L&L AD No. 89-1 Page 28
Section V. ASSESSMENT ROLL
The description of each lot or parcel is part of the records of the Assessor of the County of
San Bernardino and these records are, by reference, made part of this Report. The
proposed assessment and the amount of assessment for Fiscal Year 2023/2024
apportioned to each lot or parcel is shown below.
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Number Tract Equivalent Benefit Unit
(EBU) Assessment Max Assessment
1 0275-301-08-0000 13364 1.0 $282.33 $282.33
1 0275-301-12-0000 13364 1.0 282.33 282.33
1 0275-301-09-0000 13364 1.0 282.33 282.33
1 0275-301-10-0000 13364 1.0 282.33 282.33
1 0275-301-11-0000 13364 1.0 282.33 282.33
1 0275-301-19-0000 13364 1.0 282.33 282.33
1 0275-301-13-0000 13364 1.0 282.33 282.33
1 0275-301-15-0000 13364 1.0 282.33 282.33
1 0275-301-16-0000 13364 1.0 282.33 282.33
1 0275-301-17-0000 13364 1.0 282.33 282.33
1 0275-301-18-0000 13364 1.0 282.33 282.33
1 0275-301-20-0000 13364 1.0 282.33 282.33
1 0275-301-14-0000 13364 1.0 282.33 282.33
1 0275-301-21-0000 13364 1.0 282.33 282.33
1 0275-301-26-0000 13364 1.0 282.33 282.33
1 0275-301-22-0000 13364 1.0 282.33 282.33
1 0275-301-23-0000 13364 1.0 282.33 282.33
1 0275-301-25-0000 13364 1.0 282.33 282.33
1 0275-301-27-0000 13364 1.0 282.33 282.33
1 0275-301-24-0000 13364 1.0 282.33 282.33
2 0275-251-81-0000 14264 1.0 1,415.64 1,415.64
3 1178-181-21-0000 14471 1.0 309.95 309.95
3 1178-181-24-0000 14471 1.0 309.95 309.95
3 1178-181-18-0000 14471 1.0 309.95 309.95
3 1178-181-17-0000 14471 1.0 309.95 309.95
3 1178-181-20-0000 14471 1.0 309.95 309.95
3 1178-181-23-0000 14471 1.0 309.95 309.95
3 1178-181-22-0000 14471 1.0 309.95 309.95
3 1178-181-16-0000 14471 1.0 309.95 309.95
3 1178-181-19-0000 14471 1.0 309.95 309.95
3 1178-181-29-0000 14471 1.0 309.95 309.95
3 1178-181-31-0000 14471 1.0 309.95 309.95
3 1178-181-28-0000 14471 1.0 309.95 309.95
3 1178-181-25-0000 14471 1.0 309.95 309.95
3 1178-181-32-0000 14471 1.0 309.95 309.95
3 1178-181-26-0000 14471 1.0 309.95 309.95
3 1178-181-30-0000 14471 1.0 309.95 309.95
3 1178-181-27-0000 14471 1.0 309.95 309.95
4 0275-331-21-0000 17766 1.0 206.52 206.52
4 0275-331-36-0000 17766 1.0 206.52 206.52
4 0275-331-07-0000 17766 1.0 206.52 206.52
4 0275-331-14-0000 17766 1.0 206.52 206.52
4 0275-331-34-0000 17766 1.0 206.52 206.52
4 0275-331-15-0000 17766 1.0 206.52 206.52
4 0275-331-06-0000 17766 1.0 206.52 206.52
4 0275-331-10-0000 17766 1.0 206.52 206.52
4 0275-331-09-0000 17766 1.0 206.52 206.52
4 0275-331-08-0000 17766 1.0 206.52 206.52
4 0275-331-13-0000 17766 1.0 206.52 206.52
4 0275-331-31-0000 17766 1.0 206.52 206.52
4 0275-331-24-0000 17766 1.0 206.52 206.52
4 0275-331-28-0000 17766 1.0 206.52 206.52
4 0275-331-35-0000 17766 1.0 206.52 206.52
4 0275-331-29-0000 17766 1.0 206.52 206.52
4 0275-331-18-0000 17766 1.0 206.52 206.52
4 0275-331-26-0000 17766 1.0 206.52 206.52
4 0275-331-30-0000 17766 1.0 206.52 206.52
4 0275-331-17-0000 17766 1.0 206.52 206.52
4 0275-331-27-0000 17766 1.0 206.52 206.52
4 0275-331-37-0000 17766 1.0 206.52 206.52
4 0275-331-25-0000 17766 1.0 206.52 206.52
4 0275-331-22-0000 17766 1.0 206.52 206.52
4 0275-331-33-0000 17766 1.0 206.52 206.52
4 0275-331-32-0000 17766 1.0 206.52 206.52
4 0275-331-19-0000 17766 1.0 206.52 206.52
4 0275-331-04-0000 17766 1.0 206.52 206.52
4 0275-331-12-0000 17766 1.0 206.52 206.52
City of Grand Terrace
Landscaping and Lighting Assessment District No. 89-1
Fiscal Year 2023/24 Preliminary Roll
LLAD No. 89-1 Fiscal Year 2023/24 Preliminary Roll Page 1 of 3
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Number Tract Equivalent Benefit Unit
(EBU) Assessment Max Assessment
City of Grand Terrace
Landscaping and Lighting Assessment District No. 89-1
Fiscal Year 2023/24 Preliminary Roll
4 0275-331-23-0000 17766 1.0 206.52 206.52
4 0275-331-05-0000 17766 1.0 206.52 206.52
4 0275-331-02-0000 17766 1.0 206.52 206.52
4 0275-331-20-0000 17766 1.0 206.52 206.52
4 0275-331-11-0000 17766 1.0 206.52 206.52
4 0275-331-03-0000 17766 1.0 206.52 206.52
5 1167-291-75-0000 18793 1.0 647.76 647.76
5 1167-291-76-0000 18793 1.0 647.76 647.76
5 1167-291-77-0000 18793 1.0 647.76 647.76
5 1167-291-72-0000 18793 1.0 647.76 647.76
5 1167-291-67-0000 18793 1.0 647.76 647.76
5 1167-291-68-0000 18793 1.0 647.76 647.76
5 1167-291-73-0000 18793 1.0 647.76 647.76
5 1167-291-71-0000 18793 1.0 647.76 647.76
5 1167-291-74-0000 18793 1.0 647.76 647.76
5 1167-291-78-0000 18793 1.0 647.76 647.76
5 1167-291-69-0000 18793 1.0 647.76 647.76
5 1167-291-70-0000 18793 1.0 647.76 647.76
6 1178-181-38-0000 18071 1.0 1,862.97 1,862.97
6 1178-181-40-0000 18071 1.0 1,862.97 1,862.97
6 1178-181-41-0000 18071 1.0 1,862.97 1,862.97
6 1178-181-39-0000 18071 1.0 1,862.97 1,862.97
6 1178-181-37-0000 18071 1.0 1,862.97 1,862.97
6 1178-181-48-0000 18071 1.0 1,862.97 1,862.97
6 1178-181-44-0000 18071 1.0 1,862.97 1,862.97
6 1178-181-46-0000 18071 1.0 1,862.97 1,862.97
6 1178-181-45-0000 18071 1.0 1,862.97 1,862.97
6 1178-181-49-0000 18071 1.0 1,862.97 1,862.97
6 1178-181-47-0000 18071 1.0 1,862.97 1,862.97
6 1178-181-52-0000 18071 1.0 1,862.97 1,862.97
6 1178-181-53-0000 18071 1.0 1,862.97 1,862.97
6 1178-181-42-0000 18071 1.0 1,862.97 1,862.97
6 1178-181-50-0000 18071 1.0 1,862.97 1,862.97
6 1178-181-51-0000 18071 1.0 1,862.97 1,862.97
6 1178-181-43-0000 18071 1.0 1,862.97 1,862.97
7 1167-341-88-0000 18604 1.0 411.86 411.86
7 1167-341-81-0000 18604 1.0 411.86 411.86
7 1167-341-83-0000 18604 1.0 411.86 411.86
7 1167-341-85-0000 18604 1.0 411.86 411.86
7 1167-341-94-0000 18604 1.0 411.86 411.86
7 1167-341-87-0000 18604 1.0 411.86 411.86
7 1167-341-91-0000 18604 1.0 411.86 411.86
7 1167-341-86-0000 18604 1.0 411.86 411.86
7 1167-341-95-0000 18604 1.0 411.86 411.86
7 1167-341-93-0000 18604 1.0 411.86 411.86
7 1167-341-82-0000 18604 1.0 411.86 411.86
7 1167-341-80-0000 18604 1.0 411.86 411.86
7 1167-341-92-0000 18604 1.0 411.86 411.86
7 1167-341-90-0000 18604 1.0 411.86 411.86
7 1167-341-89-0000 18604 1.0 411.86 411.86
7 1167-341-84-0000 18604 1.0 411.86 411.86
7 1167-341-96-0000 18604 1.0 411.86 411.86
LLAD No. 89-1 Fiscal Year 2023/24 Preliminary Roll Page 2 of 3
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Zone Assessor's Parcel
Number Tract Equivalent Benefit Unit
(EBU) Assessment Max Assessment
City of Grand Terrace
Landscaping and Lighting Assessment District No. 89-1
Fiscal Year 2023/24 Preliminary Roll
Zone No.Parcel Count EBU Assessment Amount Max Assessment
Zone 1 20 20 $5,646.60 $5,646.60
Zone 2 1 1 1,415.64 1,415.64
Zone 3 17 17 5,269.15 5,269.15
Zone 4 35 35 7,228.20 7,228.20
Zone 5 12 12 7,773.12 7,773.12
Zone 6 17 17 31,670.49 31,670.49
Zone 7 17 17 7,001.62 7,001.62
Grand Total:119 119 $66,004.82 $66,004.82
LLAD No. 89-1 Fiscal Year 2023/24 Preliminary Roll Page 3 of 3
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RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, GIVING PRELIMINARY APPROVAL OF THE
ENGINEERS REPORT FOR LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT NO. 89-1, AND THE LEVY AND COLLECTION
OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR
2023/2024
WHEREAS, the CITY COUNCIL of the CITY OF GRAND TERRACE, CALIFORNIA,
(hereinafter referred to as the “City”) pursuant to the provisions of Division 15, Part 2 of
the Streets and Highways Code of the State of California, did, by previous Resolution,
order the preparation of an Engineer's Report (hereinafter referred to as the “Report”) for
the annual levy of assessments, consisting of plans and specifications, an estimate of the
cost, a diagram of the district, and an assessment relating to what is now known and
designated as:
CITY OF GRAND TERRACE
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1
(hereinafter referred to as the "District"); and,
WHEREAS, there has now been presented to this City Council the Report as required by
Article 4 of Chapter 1 of Part 2 of Division 15 of the Streets and Highways Code, and as
previously directed by Resolution; and,
WHEREAS, this City Council has now carefully examined and reviewed the Report as
presented, and is satisfied with each and all of the items and documents as set forth
therein, and is satisfied that the proposed assessments, on a preliminary basis, have
been spread in accordance with the benefits received from the maintenance to be
performed, as set forth in said Report.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City does
hereby resolve, determine and order as follows:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the Report as presented, consisting of the following:
A. Plans and specifications;
B. Method of Apportionment;
C. Estimate of cost;
D. Assessment Diagram of the District;
E. Assessment of the estimated cost;
C.11.d
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is hereby approved on a preliminary basis, and is ordered to be filed in the Office of the
City Clerk as a permanent record and to remain open to public inspection.
SECTION 3. That the City Clerk shall certify to the passage and adoption of this
Resolution, and the minutes of this meeting shall so reflect the presentation of the Report.
PASSED, APPROVED AND ADOPTED this day of 27th JUNE 2023, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
__________________________ __________________________
Debra L. Thomas Bill Hussey
City Clerk Mayor, City of Grand Terrace
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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. 2023- ______
was duly passed, approved, and adopted by the City Council, approved and signed by
the Mayor, and attested by the City Clerk, all at the regular meeting of said City Council
held on the 27th day of JUNE 2023, and that the same was passed and adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Executed this 27th day of JUNE, 2023, at Grand Terrace, California.
_________________________________
Debra L. Thomas
City Clerk for the City of Grand Terrace
[SEAL]
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RESOLUTION NO. 2023- ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT
A PUBLIC HEARING ON JULY 11TH, 2023, ON LANDSCAPING AND
LIGHTING ASSESSMENT DISTRICT NO. 89-1, AND TO LEVY AND
COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL
YEAR 2023-2024
WHEREAS, the CITY COUNCIL of the CITY OF GRAND TERRACE,
CALIFORNIA, (hereafter referred to as the “City Council”) desires to levy assessments
within LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1 (hereafter
referred to as the “District”) pursuant to the terms and provisions of the "Landscaping and
Street Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code
of the State of California (hereafter referred to as the “Act”); and,
WHEREAS, at this time, this City Council is desirous to provide for an annual levy
of assessments for the territory within the District for the next ensuing fiscal year, to
provide for the costs and expenses necessary for continual maintenance of improvements
within said District; and,
WHEREAS, at this time there has been presented and approved by this City
Council, the Engineer's Report (hereafter referred to as the “Report”) as required by law,
and this City Council is desirous of proceeding with the proceedings for said annual levy.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grand
Terrace does hereby resolve, determine and order as follows:
SECTION 1. That the above recitals are all true and correct.
PUBLIC INTEREST
SECTION 2. Pursuant to the Act (specifically, Streets and Highways Code
Section 22624), the City Council hereby finds and declares that the public interest and
necessity require the maintenance and servicing of landscaping and public lighting
facilities in the District, and contingent upon compliance with, as applicable, the
requirements of the Act, Article XIIID of the California Constitution (commonly known as
“Proposition 218”) and the Proposition 218 Omnibus Implementation Act (set forth at
Government Code Sections 53750-53758), the City Council hereby declares its intention
to levy and collect proposed assessments within the District for the continual maintenance
of certain improvements, all to serve and benefit said District that is comprised of zones
located throughout the City of Grand Terrace and said area is shown and delineated on
a map as previously approved by this City Council and on file in the Office of the City
C.11.e
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Clerk, open to public inspection, and herein so referenced and made a part hereof, and
proposed changes thereto are set forth in the Report of the Engineer, incorporated herein
as a part hereof.
REPORT
SECTION 3. That the Report of the Engineer regarding the annual levy for said
District, which "Report" is for maintenance for the fiscal year 2023-2024 is hereby
approved and is directed to be filed in the Office of the City Clerk.
ASSESSMENT
SECTION 4. That the public interest and convenience requires, and it is the
intention of this City Council to order the annual assessment levy for the District as set
forth and described in said Engineer's "Report," and further it is determined to be in the
best public interest and convenience to levy and collect the annual assessments to pay
the costs and expense of said maintenance and improvement as estimated in said
"Report. There is an assessment increase for the fiscal year 2023-2024 levy for Zone 4,
Zone 5, Zone 6 and Zone 7.
SECTION 5. In accordance with Streets and Highways Code Section 22660(a),
the City Council has determined that the estimated cost of certain proposed
improvements, described in Section 22525, subdivisions (a) through (d), are greater than
can conveniently be raised from a single assessment, and, as a result, shall be collected
in installments and held in a reserve account, as noted in the Engineer’s Report.
DESCRIPTION OF MAINTENANCE
SECTION 6. The assessments levied and collected shall be for the maintenance
of certain landscaping and street lighting improvements including but not limited to:
planting, shrubbery and tree maintenance, light poles, light fixtures and appurtenant
facilities as required to provide lighting in public right-of-ways and easements, as set forth
in the Engineer's "Report," referenced and so incorporated herein.
COUNTY AUDITOR
SECTION 8. The County Auditor shall enter on the County Assessment Roll the
amount of the assessments, and shall collect said assessments at the time and in the
same manner as County taxes are collected. After collection by the County, the net
amount of the assessments, after the deduction of any compensation due to the County
for collection, shall be paid to the Treasurer for purposes of paying for the costs and
expenses of said District.
C.11.e
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SPECIAL FUND
SECTION 9. That all monies collected shall be deposited in a special fund known
as
"SPECIAL FUND”, CITY OF GRAND TERRACE
LANDSCAPING AND STREET LIGHTING DISTRICT NO. 89-1
Payment shall be made out of said fund only for the purpose provided for in this
Resolution, and in order to expedite the making of this maintenance and improvement,
the City Council may transfer into said funds as it may deem necessary to expedite the
proceedings. Any funds shall be repaid out of the proceeds of the assessments provided
for in this Resolution.
BOUNDARIES OF DISTRICT
SECTION 10. Said contemplated maintenance work is, in the opinion of this City
Council, of direct benefit to the properties within the boundaries of the District, and this
City Council makes the costs and expenses of said maintenance chargeable upon a
district, which district said City Council hereby declares to be the district benefited by said
improvement and maintenance, and to be further assessed to pay the costs and
expenses thereof. Said District shall include each and every parcel of land within the
boundaries of said District, as said District is shown on a map as approved by this City
Council and on file in the Office of the City Clerk, and so designated by the name of the
District.
NOTICE OF PUBLIC HEARING
SECTION 11. NOTICE IS HEREBY GIVEN THAT TUESDAY, JULY 11TH, 2023,
AT THE HOUR OF 6:00 O'CLOCK P.M., IN THE CITY COUNCIL CHAMBERS LOCATED
AT 22795 BARTON ROAD, GRAND TERRACE, CALIFORNIA, IS THE TIME AND
PLACE FIXED BY THIS CITY COUNCIL FOR THE HEARING OF PROTESTS OR
OBJECTIONS IN REFERENCE TO THE ANNUAL LEVY OF ASSESSMENTS, TO THE
EXTENT OF THE MAINTENANCE, AND ANY OTHER MATTERS CONTAINED IN THIS
RESOLUTION BY THOSE PROPERTY OWNERS AFFECTED HEREBY. ANY
PERSONS WHO WISH TO OBJECT TO THE PROCEEDINGS SHOULD FILE A
WRITTEN PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SET AND
SCHEDULED FOR SAID PUBLIC HEARING.
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SECTION 12. The City Clerk is directed to publish this Resolution of Intention
pursuant to Government Code Section 6061, said publication to be completed no later
than ten (10) days prior to the date set for the Public Hearing.
EFFECTIVE DATE
SECTION 13. That this Resolution shall take effect immediately upon its adoption.
PROCEEDINGS INQUIRIES
SECTION 14. For any and all information relating to the proceedings, protest
procedure, any documentation and/or information of a procedural or technical nature,
your attention is directed to the below listed person at the local agency or department so
designated:
Shanita Tillman, Senior Management Analyst
CITY OF GRAND TERRACE
22795 Barton Road
Grand Terrace, California 92313
PASSED, APPROVED AND ADOPTED this 27th day of JUNE, 2023 by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Bill Hussey
Mayor for the City of Grand Terrace
ATTEST:
_________________________________
Debra L. Thomas
City Clerk for the City of Grand Terrace
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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. 2023- _______
was duly passed, approved and adopted by the City Council, approved and signed by the
Mayor, and attested by the City Clerk, all at the regular meeting of said City Council held
on the 27th day of JUNE 2023, and that the same was passed and adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
EXECUTED this 27th day of JUNE 2023, at Grand Terrace, California.
_________________________________
Debra L. Thomas
City Clerk for the City of Grand Terrace
[SEAL]
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AGENDA REPORT
MEETING DATE: June 27, 2023 Council Item
TITLE: Approval of Professional Services Agreements for Interim
Senior Civil Engineering Services and On-Call Engineering
Services
PRESENTED BY: Shanita Tillman, Senior Management Analyst
RECOMMENDATION: 1. Approve a Professional Services Agreement for
Interim City Engineering Services with Willdan (maximum
compensation of $105,000 per year);
2. Approve Professional Services Agreements with
Willdan Group Inc. for On-Call Engineering Services
(maximum compensation of $20,000 per year);
3. Approve Professional Services Agreements with
Interwest Consulting Group for On-Call Engineering Services
(maximum compensation of $10,000 per year);
4. Authorize the City Manager to Execute All Approved
Agreements Subject to City Attorney Approval As to Form.
2030 VISION STATEMENT:
This staff report supports the Mission to preserve and protect our community and its
exceptional quality of life through thoughtful planning, within the constraints of fiscally
responsible government. It also supports our Core Values by continuing to provide
exceptional customer service to the residents of the City of Grand Terrace.
BACKGROUND:
In 2016, the City Council approved the reorganization of the former Community
Development Department and created two (2) separate departments: Planning and
Development Services and the Public Works Department. Prior to 2016, the Community
Development Department was responsible for delivering the following core services:
Planning and Development Services Public Works and Engineering
Planning and Land Use Public Works
Building and Safety Engineering
Code Enforcement Streets (lights, signals, and repair)
Animal Control Infrastructure
Rental Housing Inspection Parks and Facilities Maintenance
Planning Commission Solid Waste Administration
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Today the Public Works Department is focused on the development of new
infrastructure, maintenance of existing infrastructure, and management of Public Works
consultant services. The Public Works Department is in a unique position, as a
considerable number of projects are funded by special funds and grants, which are not
subject to general fund fluctuations. Therefore, Public Works project delivery is
contingent on adequate staff resources and not budget constraints.
DISCUSSION:
The City decided to further advance its goal to expedite infrastructure development
projects by utilizing engineering consultant firms to deliver a full array of Public Works
services within the constraints of our existing budget. A significant part of Public Works
services consists of managing consultants in the development and maintenance of key
Public Works infrastructure.
For the past year, the City has been utilizing Willdan Group Inc. to obtain an Interim City
Senior Civil Engineer who is available two full-time days to be a resource and expedite
projects such as our Capital Improvements Projects. A key focus has been the
rehabilitation of main arterial streets, sidewalks, and traffic controls.
In addition to in-person engineering staff, the City can utilize engineering consultants on
an as-needed basis, which affords the City an opportunity to access resources without a
long-term commitment. In the past, the City utilized this process for special services;
this approach will allow resources to be on standby. None of the tasks associated with
on-call engineering services can be performed by any city represented positions
(classified city positions). The request for on-call services will be for specialized services
that require project management oversight teams.
The 2023-24 budget will fund the Interim City Senior Civil Engineer position and provide
the following services as detailed in the contract’s Scope of Services:
• Project Management.
• Traffic Engineering.
• Transportation Planning; and
• Construction Management.
Staff recommends the City Council approve a professional services agreement with
Willdan Group Inc. to provide personnel a Senior Civil Engineer or higher with at least
20+ years of experience. The City’s experience with Willdan Group Inc. is positive, as
they provided exceptional engineering services in past contracts. The scope of services
was developed in consideration of the City’s needs and the City’s desire to deliver
infrastructure projects and contract compliance from consultants and contractors.
In addition, staff is recommending that the Council approve agreements with Willdan
Group Inc. and Interwest Consulting Group for on-call engineering services. Staff is
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confident that securing on-call engineering services will allow projects to be expedited.
The on-call engineering contract with Willdan Group Inc. is capped at $20,000
annually and the contract with Interwest Consulting Group is capped at $10,000
annually for a one-year term with (2) one-year extensions.
FISCAL IMPACT:
Funding for the agreement with Willdan Group Inc. for the Interim City Senior Civil
Engineer position and on-call engineering services will be from the General Fund
account 10-175-250-020-000.
Description General Fund Total
Willdan Group Inc. (Interim
Engineer) $105,000
Willdan Group Inc. (On-call
Engineering) $20,000
Interwest Consulting
Group (On-call
Engineering) $10,000 $135,000
ATTACHMENTS:
• 1. Willdan - City Engineer (DOCX)
• 2. Willdan - On-call Engineering/Plan Check (DOCX)
• 3. Interwest - On-call Engineering (DOCX)
APPROVALS:
Shanita Tillman Completed 05/22/2023 4:00 PM
Finance Completed 05/23/2023 7:31 AM
City Manager Completed 05/24/2023 2:57 PM
City Council Pending 06/27/2023 6:00 PM
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01005.0006/897109.1 6/8/2023
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF GRAND TERRACE
and
WILLDAN CONSULTING GROUP
for
INTERIM SENIOR CIVIL ENGINEER SERVICES
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AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF GRAND TERRACE AND
WILLDAN CONSULTING GROUP FOR
INTERIM SENIOR CIVIL ENGINEER SERVICES
This “AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY
OF GRAND TERRACE AND WILLDAN CONSULTING GROUP FOR INTERIM SENIOR
CIVIL ENGINEER SERVICES” (herein “Agreement”) is made and entered into this ____ day of
________, 2023 by and between the City of Grand Terrace, a California municipal corporation
(“City”) and WILLDAN CONSULTING GROUP (“Consultant”). City and Consultant are
hereinafter individually referred to as “Party” and hereinafter collectively referred to as the
“Parties.”
RECITALS
A. City has sought, by issuance of a Request for Qualifications, the performance of
the services defined and described particularly in Article 1 of this Agreement.
B. Parties desire to formalize the selection of Consultant for performance of those
services defined and described particularly in Article 1 of this Agreement and desire that the terms
of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the
Parties and contained herein and other consideration, the value and adequacy of which are hereby
acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide
those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated
herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Consultant represents and
warrants that it has the qualifications, experience, and facilities necessary to properly perform the
services required under this Agreement in a thorough, competent, and professional manner, and is
experienced in performing the work and services contemplated herein. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all services
described herein. Consultant covenants that it shall follow the highest professional standards in
performing the work and services required hereunder and that all materials will be both of good
quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest
professional standards” shall mean those standards of practice recognized by one or more first-
class firms performing similar work under similar circumstances.
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1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement
shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in
accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as
may be required by law for the performance of the services required by this Agreement. Consultant
shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties
and interest, which may be imposed by law and arise from or are necessary for the Consultant’s
performance of the services required by this Agreement, and shall indemnify, defend and hold
harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes,
penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant’s risk until written instructions are
received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish
continuous protection to the work, and the equipment, materials, papers, documents, plans, studies
and/or other components thereof to prevent losses or damages, and shall be responsible for all such
damages, to persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City’s own negligence.
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1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all instruments,
prepare all documents and take all actions as may be reasonably necessary to carry out the purposes
of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of
the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or
make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work,
and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written
approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the
Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty
(180) days, may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively, must be approved by the City Council. It is expressly understood by
Consultant that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to
be provided pursuant to the Scope of Services may be more costly or time consuming than
Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.
City may in its sole and absolute discretion have similar work done by other consultants. No
claims for an increase in the Contract Sum or time for performance shall be valid unless the
procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein
by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other
provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for actual
expenses, shall not exceed One Hundred and Five Thousand Dollars ($105,000) (the “Contract
Sum”), unless additional compensation is approved pursuant to Section 1.8.
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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.
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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 for one (1) year from the date this Agreement is fully executed. The
City in its sole and absolute discretion may extend the term of this Agreement by one (1) year.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the work
specified herein and make all decisions in connection therewith:
(Name) (Title)
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(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 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
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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) Workers’ Compensation Insurance. A policy of workers’ 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.
C.12.a
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(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:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY
C.12.a
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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 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.
5.4 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”), and will hold and
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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
obligation shall be binding on successors and assigns of Consultant and shall survive termination
of this Agreement.
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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
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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
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Court, venue shall lie exclusively in the Central District of California, in the County of San
Bernardino, State of California.
7.2 Disputes; 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.12.a
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of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any
other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon written notice to Consultant. In addition, the
Consultant may terminate this Contract for cause, upon sixty (60) days’ advance written notice to
City. Upon receipt of any notice of termination, Consultant shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer. Except where the
Consultant has initiated termination, the Consultant shall be entitled to compensation for all
services rendered prior to the effective date of the notice of termination and for any services
authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or
such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event
the Consultant has initiated termination, the Consultant shall be entitled to compensation only for
the reasonable value of the work product actually produced hereunder. In the event of termination
without cause pursuant to this Section, the terminating party need not provide the non-terminating
party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and
prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to
the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such
damages), and City may withhold any payments to the Consultant for the purpose of set-off or
partial payment of the amounts owed the City as previously stated.
7.9 Attorney’s Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such action
or proceeding, in addition to any other relief which may be granted, whether legal or equitable,
shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any
appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable
costs for investigating such action, taking depositions and discovery and all other necessary costs
C.12.a
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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.12.a
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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.12.a
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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.12.a
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01005.0006/897109.1 6/8/2023 19
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
CITY:
City of Grand Terrace, a municipal corporation
_____________________________________
Bill Hussey, Mayor
ATTEST:
_____________________________________
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
_____________________________________
Adrian R. Guerra, City Attorney
CONSULTANT:
WILLDAN CONSULTING GROUP
By: _________________________________
Name:
Title:
By: _________________________________
Name:
Title:
Address: 13191 Crossroads Parkway North
Suite 405
Industry, CA 91746
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.12.a
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01005.0006/897109.1 6/8/2023
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.12.a
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01005.0006/897109.1 6/8/2023
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.12.a
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01005.0006/897109.1 6/8/2023 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A. Consultant will supplement and augment the City of Grand Terrace Public Works
engineering staff and serve in the capacity of Interim Senior Civil Engineer which
includes, but is not limited to, the following: Consultant will provide technical
assistance and support to the City Manager, City Council, City Commissions and
community and business stakeholders on public works programs, policies,
activities, and projects and Consultant will provide Senior Engineer on-site as
agreed upon and in consultation with the City Manager as well as being available
off-site to respond to questions as needed. As provided below, subject to City
Manager’s approval (as provided above), Consultant has currently assigned
Kamran Dadbeh, PE Interim Senior Civil Engineer.
B. In providing Interim Senior Civil Engineering Services, Consultant or a
representative will provide additional related services requested by the City
including Project Management, Traffic Engineering, Transportation Planning,
Construction Management, Geographic Information System (GIS), Information
Technology (IT), Real Property Acquisition, Preparation of Grant Applications,
and Development Plan Review. Specific services will include, but not be limited
to, the following:
1. Prepare written reports, attend meetings, and present information to the City
Manager, City Council, and City Commissions;
2. Provide written updates on projects and high priority activities of
importance to the City Manager and City Council;
3. Attend meetings with City staff (include weekly Executive Team
Meetings);
4. Analyzes and establishes conditions for private development projects
requiring conditional use permits and provides assistance to City Engineer
in the review of subdivision maps;
5. Review and provide opinions on initial inquiries relating to land
development matters;
6. Plans, coordinates, and manages capital improvement projects, programs,
and activities; establishes timelines, and monitors costs and schedule
compliance, and resolves problems by working with staff and contractors;
C.12.a
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01005.0006/897109.1 6/8/2023 A-2
7. Proactively establish working relationships and coordination with other
public agencies and utility companies related to public works and municipal
engineering matters;
8. Provide technical recommendations on regional policy issues relevant to the
City;
9. Provide City Surveyor review and approval duties that includes Map
review, legal descriptions, lot line adjustments, and sign/stamp all
documents in technical compliance with the City ordinances and the State
Map Act;
10. Reviews improvement and traffic control plans submitted by private
developers that encroach in public rights-of-way, and ensure work
compliance with plans, specifications and requirements;
11. Develop specific finance plans, lighting and landscape districts, and
strategies necessary to implement development projects in the City;
12. Prepare, review, and administer public facilities infrastructure master plans;
13. Prepare and issue consultant Requests for Proposal, select and manage
consultants and assure compliance with design standards and funding
source requirements;
14. Participates in the preparation and review of engineering plans,
specifications, construction estimates, and bidding documents for public
works projects such as street restriping, sidewalk repairs, and ramp
construction; and reviews actual work for conformance with scope of work
standards and specifications;
15. Reviews plans and specifications for proposed development and identifies
technical issues and compliance concerns;
16. Oversees maintenance of storm drains, catch basins, and City streets;
18. Manage third party agreements with the City at the direction of the Contract
Officer;
19. City and Consultant have entered into that certain agreement entitled
“Agreement for Contracts Services by and between City of Grand Terrace
and WILLDAN CONSULTING GROUP, for On-Call Engineering
Services” dated July 14, 2020 (“On-Call Engineering Agreement”).
Notwithstanding Subsection (D)(17) above, Consultant shall not influence,
participate in, or make (including attempting to carry out those acts) any
decisions relating to the selection of consultants for services similar to those
services provided in Exhibit “A” of the On-Call Engineering Agreement,
C.12.a
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01005.0006/897109.1 6/8/2023 A-3
which Exhibit A is incorporated by reference solely for the purpose of this
Subsection (D)(18).
C. As part of providing Interim Senior Civil Engineering Services, Consultant will
also utilize its knowledge and experiences to identify and advise the City Manager
on organizational initiatives and succession planning opportunities to provide
meaningful and sustainable improvements compatible with the vision and direction
of the City Manager. Accordingly, Consultant will establish credibility and trust,
create a collaborative partnership with City staff, and utilize the knowledge of the
organization to gain an understanding of the present and future needs of the City.
Consultant will strive to become an integrated and trusted colleague for staff.
D. During the performance of the work, Consultant will prepare and deliver tangible
work products, including Reports, Studies, Design Reviews, Project Updates or
other appropriate work products as requested by the City as appropriate for the
specific type of work assignment.
E. Consultant shall assist in any audit of the Public Works Department to identify and
establishing better practices, including but not limited to, better management and
oversight of financial transactions for routine expenditures (e.g., fleet rental,
uniform cleaning), improved cost accounting of staffing deployed to staff City
special events, City’s compliance with regulatory reporting (e.g., generators,
elevators, fuel tanks), administration of any solid waste contracts and compliance
with CalRecycle recycling requirements, selection and oversight of a MS4 permit
compliance consultant to assure the City may avail itself of grant opportunities for
storm water issues, recruiting for permanent department positions, and other areas
Consultant finds are not well organized or operated in the Public Works
Department.
II. As part of the Services and in addition to any other requirement to provide tangible work
products to City pursuant to this Agreement, Consultant will prepare and deliver the
following tangible work products as the City may require from time to time.
III. In addition to the requirements of Section 6.2 or any other requirement to provide status
reports in this Agreement, during performance of the Services, Consultant will keep the
City appraised of the status of performance by delivering the status reports as the City may
require from time to time.
IV. All work product is subject to review and acceptance by the City, and must be revised by
the Consultant without additional charge to the City until found satisfactory and accepted
by City.
V. Limitations on Consultant’s Employees, Agents, and Subcontractors.
A. In providing services under this Agreement, Consultant shall not assign to the City
any employee, agent, or subcontractor who is currently a member of CalPERS.
C.12.a
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01005.0006/897109.1 6/8/2023 A-4
B. In providing services under this Agreement, Consultant shall not assign to the City
any employee, agent, or subcontractor for a duration of six (6) months or more per
fiscal year if full time, or 1,000 hours or more per fiscal year if part time. Consultant
shall have the sole responsibility to monitor the hours of its employees and the City
shall have no responsibility or obligation to do so.
C. Consultant shall not use any of its employees, agents, or subcontractors who are a
CalPERS retired annuitant to provide services for the City under this Agreement.
If Consultant utilizes a CalPERS retired annuitant to provide services for the City
under this Agreement for any reason, Consultant agrees to indemnify the City from
any and all claims or liabilities arising out of Consultant’s use of a CalPERS retired
annuitant, pursuant to Section 5.4 of this Agreement.
D. Consultant warrants that the personnel identified to perform services under this
Agreement do not violate this Section V of this Exhibit.
C.12.a
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01005.0006/897109.1 6/8/2023 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
C.12.a
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01005.0006/897109.1 6/8/2023 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following the Services at the rates provided in 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. 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 $105,000 as provided in Section
2.1 of this Agreement.
C.12.a
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01005.0006/897109.1 6/8/2023 C-2
EXHIBIT “C-1”
CONSULTANT’S RATES
C.12.a
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01005.0006/897109.1 6/8/2023 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services pursuant to the following schedules:
Task Schedule
Interim Senior Civil Engineering
Services
16 hours/week maximum
II. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
C.12.a
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01247.0001/894615.1 5/26/2023
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF GRAND TERRACE
and
WILLDAN ENGINEERING
for
ON-CALL ENGINEERING SERVICES
C.12.b
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01247.0001/894615.1 5/26/2023
-2-
AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF GRAND TERRACE AND
WILLDAN ENGINEERING FOR
ON-CALL ENGINEERING SERVICES
This “AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY
OF GRAND TERRACE AND WILLDAN ENGINEERING FOR ON-CALL ENGINEERING
SERVICES” (herein “Agreement”) is made and entered into this ____ day of ________, 2023 by
and between the City of Grand Terrace, a California municipal corporation (“City”) and Willdan
Engineering, a California corporation (“Consultant”). City and Consultant are sometimes
hereinafter individually referred to as “Party” and hereinafter collectively referred to as the
“Parties.”
RECITALS
A. City has sought, by issuance of a Request for Qualifications, the performance of
the services defined and described particularly in Article 1 of this Agreement.
B. The Parties desire to formalize the selection of Consultant for performance of those
services defined and described particularly in Article 1 of this Agreement and desire that the terms
of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the
Parties and contained herein and other consideration, the value and adequacy of which are hereby
acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide
those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated
herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Consultant represents and
warrants that it has the qualifications, experience, and facilities necessary to properly perform the
services required under this Agreement in a thorough, competent, and professional manner, and is
experienced in performing the work and services contemplated herein. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all services
described herein. Consultant covenants that it shall follow the highest professional standards in
performing the work and services required hereunder and that all materials will be both of good
quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest
professional standards” shall mean those standards of practice recognized by one or more first-
class firms performing similar work under similar circumstances.
C.12.b
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01247.0001/894615.1 5/26/2023
-3-
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement
shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in
accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as
may be required by law for the performance of the services required by this Agreement. Consultant
shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties
and interest, which may be imposed by law and arise from or are necessary for the Consultant’s
performance of the services required by this Agreement, and shall indemnify, defend and hold
harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes,
penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant’s risk until written instructions are
received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish
continuous protection to the work, and the equipment, materials, papers, documents, plans, studies
and/or other components thereof to prevent losses or damages, and shall be responsible for all such
damages, to persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City’s own negligence.
C.12.b
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01247.0001/894615.1 5/26/2023
-4-
1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all instruments,
prepare all documents and take all actions as may be reasonably necessary to carry out the purposes
of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of
the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or
make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work,
and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written
approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the
Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty
(180) days, may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively, must be approved by the City Council. It is expressly understood by
Consultant that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to
be provided pursuant to the Scope of Services may be more costly or time consuming than
Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.
City may in its sole and absolute discretion have similar work done by other consultants. No
claims for an increase in the Contract Sum or time for performance shall be valid unless the
procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein
by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other
provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for actual
expenses, shall not exceed Twenty Thousand Dollars ($20,000) per year (the “Contract Sum”),
unless additional compensation is approved pursuant to Section 1.8.
C.12.b
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01247.0001/894615.1 5/26/2023
-5-
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.12.b
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01247.0001/894615.1 5/26/2023
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement. In addition, upon issuance of
a Notice to Proceed on a Task Order, time is of the essence in the performance of the Task Order’s
Scope of Work or Scope of Services.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in the
“Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires,
earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency, including the City, if the Consultant shall
within ten (10) days of the commencement of such delay notify the Contract Officer in writing of
the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and
extend the time for performing the services for the period of the enforced delay when and if in the
judgment of the Contract Officer such delay is justified. The Contract Officer’s determination
shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be
entitled to recover damages against the City for any delay in the performance of this Agreement,
however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this
Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect for one (1) year from the date this Agreement is fully
C.12.b
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executed. The City in its sole and absolute discretion may extend the term of this Agreement by
two (1) year extensions.
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:
Joseph Putrino , PE Project Manager
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only competent personnel to perform services pursuant to this Agreement. Consultant shall make
every reasonable effort to maintain the stability and continuity of Consultant’s staff and
subcontractors, 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
C.12.b
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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:
(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 $2,000,000.00 per occurrence or if a general aggregate limit is used, then the general
aggregate limit shall be twice the occurrence limit.
C.12.b
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(b) Workers’ Compensation Insurance. A policy of workers’ 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
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
C.12.b
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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
to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to
City.
C.12.b
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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
obligation shall be binding on successors and assigns of Consultant and shall survive termination
of this Agreement.
C.12.b
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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.12.b
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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.12.b
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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.12.b
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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.12.b
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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.12.b
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01247.0001/894615.1 5/26/2023
-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.12.b
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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.12.b
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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.12.b
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01247.0001/894615.1 5/26/2023 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
_____________________________________
Bill Hussey, Mayor
ATTEST:
__________________________________
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
__________________________________
Adrian R. Guerra, City Attorney
CONSULTANT:
Willdan Engineering, a California corporation
By: ___________________________________
Name:
Title:
By: ___________________________________
Name:
Title:
Address: 13191 Crossroads Parkway North
Suite 405
Industry, CA 91746
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.12.b
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01247.0001/894615.1 5/26/2023
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.12.b
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01247.0001/894615.1 5/26/2023
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.12.b
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01247.0001/894615.1 5/26/2023 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. On an on-call basis, Consultant will perform Professional Engineering services generally
described in this Scope of Services. This Agreement retains the Consultant’s on-call
availability, but does not guarantee that the Consultant shall be selected to provide
services on a project-specific Task Order.
II. When the City requests proposals from on-call engineers (including the Consultant) on a
project-specific Task Order, and if the City accepts Consultant’s proposal, then the Task
Order and Notice to Proceed shall provide in detail Consultant’s Scope of Services on that
Task Order. This Agreement does not guarantee that Consultant will be selected to perform
services on Task Orders. This Agreement does not provide for Consultant’s compensation
except for Consultant’s services rendered pursuant to a Notice to Proceed on a Task Order.
III. Consultant’s on-call Professional Engineering Services may include, but are not limited to,
the following:
A. Project studies
B. Research
C. Grant Opportunities for Public Works projects
D. Land Survey
E. Coordinate and/or obtain approvals from various private and public
agencies
F. Public meetings, workshops, and presentations
G. Project-related reports
H. Develop conceptual/preliminary plans and designs
I. Develop construction plans and specifications
J. Project estimates
K. Project schedule
L. Bid analysis
M. Environmental documents and permit compliance
N. Utility research and coordination
O. Construction support (such as review of quantities and field inspections)
C.12.b
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01247.0001/894615.1 5/26/2023 A-2
P. Construction management
Q. Services associated with project development
R. Provide development processing services, including, but not limited to, plan
and map checking, on-site oversight, and inspections for new development
activity as directed.
S. Provide City Traffic Engineering related services such as traffic safety
investigations, speed zone surveys, route planning, corridor analysis,
capacity evaluations, bicycle and pedestrian facilities analysis, traffic
impact reports, traffic signal and control systems, parking facilities, street
signage and marking programs, and street lighting;
IV. Consultant’s on-call Professional Engineering Services may include temporary
augmentation of staff functions including, but not limited to, the following:
A. Perform at the Project Engineer and/or Project Manager (both of which are referred
to herein as “PM”) level to assist the Public Works department with various
projects.
B. The PM shall be a registered professional Civil Engineer licensed to practice in the
State of California, with a minimum of 10 years of experience in design and
construction management and project management of a variety of Public Works
projects. The PM shall have clear oral and written communication skills.
C. The PM’s services may be required during all or part of a project, from planning
stages to project conclusion.
D. The PM shall efficiently conduct effective workshops with community groups and
have an explicit understanding of the California Public Contract Code.
E. The PM will be housed in City Hall performing requisite management and
administrative services on projects, and coordinate with City staff.
F. Develop matrices of the active and proposed projects with schedules, budgets, and
priorities.
G. Perform thorough research of information relevant to each project (i.e. record
drawings, field investigation, site conditions, restrictions, and CEQA status).
H. Discuss and coordinate future projects with various agencies (e.g. utility
companies, pipeline companies, San Bernardino County, San Bernardino Sheriffs,
and Caltrans).
I. Prepare and compose Requests for Proposals (RFP). Review and evaluate proposals
and provide recommendations to City Engineer, Director of Public Works, and City
Council.
C.12.b
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01247.0001/894615.1 5/26/2023 A-3
J. Prepare and conduct presentations to City staff, City Council, Commissions, and
the public.
K. Draft construction plans using Autocad® software or such other software that the
City may require.
L. Compose project specifications and estimates.
M. Prepare and coordinate projects for the bidding process.
N. Coordinate, conduct, and attend various meetings (e.g. staff meetings, construction
meetings, progress meetings, utility coordination meetings, Council meetings, and
workshops).
O. Meet with various City departments and solicit input for project design, schedule,
and budgets.
P. Manage project budgets and closely work with City’s Finance Department staff.
Q. Review, evaluate, approve, and process payments to consultants, contractors, and
various agencies.
R. Review, evaluate, negotiate, and approve proposed changes by consultants and
contractors.
S. Perform field work such as inspections and job walks.
T. Efficiently and effectively develop and manage multiple Public Works Capital
Improvement Projects from planning stage through the conclusion of the project.
V. Consultant must perform all on-call Services in compliance with the following
requirements:
A. Each task shall be indicated by a written request (Task Order) produced by the
Contract Officer with a description of the work to be performed, and the time
desired for completion. All tasks shall be carried out in conformity with all
provisions of this Agreement.
B. Consultant must prepare a written description of the requested tasks including all
components and subtasks; the costs to perform the task (“Task Budget”), using the
itemized fees in Exhibit C, Schedule of Compensation, whenever a requested task
is provided for in Exhibit C; explain how the cost was determined; and, a schedule
for completion of the task (“Task Completion Date”); which shall all collectively
be referred to as the “Task Proposal”.
C. Contract Officer shall in writing approve, modify, or reject the Task Proposal, and
may issue a Notice to Proceed.
C.12.b
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01247.0001/894615.1 5/26/2023 A-4
D. The task shall be performed at a cost not to exceeding the Task Budget.
E. Consultant shall complete the task and deliver all deliverables to Contract Officer
by the Task Completion Date.
VI. In addition to the requirements of Section 6.2 and pursuant to the Task Order’s project-
specific Scope of Services, the Contract Officer may require the Consultant to provide the
following deliverables, as applicable:
A. Project studies
B. Research results
C. Grant information and application
D. Survey maps
E. Photos
F. Conceptual plans
G. 50% Construction Plan Submittal
H. Construction plan submittal with specifications and estimates at 75%, 90%, and
100% levels
I. Permits
J. Inspection Reports and field reports
K. All other related items the City deems necessary for the project
VII. All work product is subject to review and acceptance by the City, and must be revised by
the Consultant without additional charge to the City until found satisfactory and accepted
by City.
VIII. Consultant will utilize qualified personnel with the following titles to perform the Services
required by the applicable Task Order. Consultant shall obtain the Contract Officer’s
advanced written approval when replacing any individual assigned to perform services on
Task Orders.
C.12.b
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01247.0001/894615.1 5/26/2023 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
C.12.b
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01247.0001/894615.1 5/26/2023 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. This Schedule of Compensation governs Consultant’s compensation in the event the
Consultant performs services pursuant to a Notice to Proceed on a Task Order. This
Agreement does not guarantee that Consultant will be selected to perform services on
Task Orders.
II. Consultant responding to the City’s request for proposals on a project-specific Task Order
shall establish a Task Budget for the Task Order, identifying the subtasks based on the time
and rates of the personnel performing the subtasks, and itemizing all materials and
equipment utilized and the costs thereof. If payment is to be made other than at completion
of the services, then the phases of the performance and percentage of payment due shall
also be shown in the Task Proposal. Consultant’s proposals on Task Orders shall be based
on hourly rates identical to the rates attached as Exhibit C-1.
III. The City shall retain ten percent (10%) from each payment as a contract retention to be
paid as part of final payment upon satisfactory completion of services on a Task Order.
IV. City will compensate Consultant for the Services performed upon submission of a valid
invoice. Each invoice is to include
A. Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and
travel properly charged to the Services.
V. The total compensation for the Services shall not exceed $50,000 for the term of this
Agreement, as provided in Section 2.1 of this Agreement.
VI. Consultant’s billing rates for Services are attached as Exhibit C-1. To the extent any portion
of Consultant’s work is subject to prevailing wage requirements, then Consultant’s
proposal on a Task Order shall include a Task Budget with hourly rates adjusted for
prevailing wage.
C.12.b
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01247.0001/894615.1 5/26/2023 C-2
EXHIBIT “C-1”
CONSULTANT’S RATES
C.12.b
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01247.0001/894615.1 5/26/2023 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. From the term of this Agreement, Consultant shall provide Services on an on-call basis as
set forth in Exhibit A.
II. If the City selects the Consultant’s proposal to perform a project-specific Task Order, the
Task Order’s Scope of Work/Services or the Notice to Proceed, or both, shall provide the
detailed schedule of performance.
III. The Contract Officer may approve extensions for performance of the Services in
accordance with Section 3.2.
C.12.b
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01247.0001/894613.1 5/26/2023
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF GRAND TERRACE
and
INTERWEST CONSULTING GROUP
for
ON-CALL ENGINEERING SERVICES
C.12.c
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01247.0001/894613.1 5/26/2023
-2-
AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF GRAND TERRACE AND
INTERWEST CONSULTING GROUP FOR
ON-CALL ENGINEERING SERVICES
This “AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY
OF GRAND TERRACE AND INTERWEST CONSULTING GROUP FOR ON-CALL
ENGINEERING SERVICES” (herein “Agreement”) is made and entered into this ____ day of
________, 2023 by and between the City of Grand Terrace, a California municipal corporation
(“City”) and Interwest Consulting Group, a California corporation (“Consultant”). City and
Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter
collectively referred to as the “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Qualifications, the performance of
the services defined and described particularly in Article 1 of this Agreement.
B. The Parties desire to formalize the selection of Consultant for performance of those
services defined and described particularly in Article 1 of this Agreement and desire that the terms
of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the
Parties and contained herein and other consideration, the value and adequacy of which are hereby
acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide
those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated
herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Consultant represents and
warrants that it has the qualifications, experience, and facilities necessary to properly perform the
services required under this Agreement in a thorough, competent, and professional manner, and is
experienced in performing the work and services contemplated herein. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all services
described herein. Consultant covenants that it shall follow the highest professional standards in
performing the work and services required hereunder and that all materials will be both of good
quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest
professional standards” shall mean those standards of practice recognized by one or more first-
class firms performing similar work under similar circumstances.
C.12.c
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-3-
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement
shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in
accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as
may be required by law for the performance of the services required by this Agreement. Consultant
shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties
and interest, which may be imposed by law and arise from or are necessary for the Consultant’s
performance of the services required by this Agreement, and shall indemnify, defend and hold
harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes,
penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant’s risk until written instructions are
received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish
continuous protection to the work, and the equipment, materials, papers, documents, plans, studies
and/or other components thereof to prevent losses or damages, and shall be responsible for all such
damages, to persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City’s own negligence.
C.12.c
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01247.0001/894613.1 5/26/2023
-4-
1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all instruments,
prepare all documents and take all actions as may be reasonably necessary to carry out the purposes
of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of
the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or
make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work,
and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written
approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the
Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty
(180) days, may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively, must be approved by the City Council. It is expressly understood by
Consultant that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to
be provided pursuant to the Scope of Services may be more costly or time consuming than
Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.
City may in its sole and absolute discretion have similar work done by other consultants. No
claims for an increase in the Contract Sum or time for performance shall be valid unless the
procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein
by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other
provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for actual
expenses, shall not exceed Ten Thousand Dollars ($10,000) per year (the “Contract Sum”), unless
additional compensation is approved pursuant to Section 1.8.
C.12.c
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01247.0001/894613.1 5/26/2023
-5-
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.
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement. In addition, upon issuance of
a Notice to Proceed on a Task Order, time is of the essence in the performance of the Task Order’s
Scope of Work or Scope of Services.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in the
“Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires,
earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency, including the City, if the Consultant shall
within ten (10) days of the commencement of such delay notify the Contract Officer in writing of
the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and
extend the time for performing the services for the period of the enforced delay when and if in the
judgment of the Contract Officer such delay is justified. The Contract Officer’s determination
shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be
entitled to recover damages against the City for any delay in the performance of this Agreement,
however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this
Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect for one (1) year from the date this Agreement is fully
executed. The City in its sole and absolute discretion may extend the term of this Agreement by
one (1) year.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the work
specified herein and make all decisions in connection therewith:
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(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.
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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:
(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 $2,000,000.00 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
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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
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.
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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
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
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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
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
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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.
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
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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
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
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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.
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.
C.12.c
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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.
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
C.12.c
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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
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.12.c
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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.12.c
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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.12.c
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01247.0001/894613.1 5/26/2023 19
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
CITY:
City of Grand Terrace, a municipal corporation
_____________________________________
Bill Hussey, Mayor
ATTEST:
__________________________________
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
__________________________________
Adrian R. Guerra, City Attorney
CONSULTANT:
Interwest Consulting Group, a California
corporation
By: ___________________________________
Name: Paul Meschino
Title: President
By: ___________________________________
Name:
Title:
Address: 3309 Corte Cortez
Carlsbad, CA 92009
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.12.c
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01247.0001/894613.1 5/26/2023
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.12.c
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01247.0001/894613.1 5/26/2023
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.12.c
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01247.0001/894613.1 5/26/2023 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. On an on-call basis, Consultant will perform Professional Engineering services generally
described in this Scope of Services. This Agreement retains the Consultant’s on-call
availability, but does not guarantee that the Consultant shall be selected to provide
services on a project-specific Task Order.
II. When the City requests proposals from on-call engineers (including the Consultant) on a
project-specific Task Order, and if the City accepts Consultant’s proposal, then the Task
Order and Notice to Proceed shall provide in detail Consultant’s Scope of Services on that
Task Order. This Agreement does not guarantee that Consultant will be selected to perform
services on Task Orders. This Agreement does not provide for Consultant’s compensation
except for Consultant’s services rendered pursuant to a Notice to Proceed on a Task Order.
III. Consultant’s on-call Professional Engineering Services may include, but are not limited to,
the following:
A. Project studies
B. Research
C. Grant Opportunities for Public Works projects
D. Land Survey
E. Coordinate and/or obtain approvals from various private and public
agencies
F. Public meetings, workshops, and presentations
G. Project-related reports
H. Develop conceptual/preliminary plans and designs
I. Develop construction plans and specifications
J. Project estimates
K. Project schedule
L. Bid analysis
M. Environmental documents and permit compliance
N. Utility research and coordination
O. Construction support (such as review of quantities and field inspections)
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P. Construction management
Q. Services associated with project development
R. Provide development processing services, including, but not limited to, plan
and map checking, on-site oversight, and inspections for new development
activity as directed.
S. Provide City Traffic Engineering related services such as traffic safety
investigations, speed zone surveys, route planning, corridor analysis,
capacity evaluations, bicycle and pedestrian facilities analysis, traffic
impact reports, traffic signal and control systems, parking facilities, street
signage and marking programs, and street lighting;
IV. Consultant’s on-call Professional Engineering Services may include temporary
augmentation of staff functions including, but not limited to, the following:
A. Perform at the Project Engineer and/or Project Manager (both of which are referred
to herein as “PM”) level to assist the Public Works department with various
projects.
B. The PM shall be a registered professional Civil Engineer licensed to practice in the
State of California, with a minimum of 10 years of experience in design and
construction management and project management of a variety of Public Works
projects. The PM shall have clear oral and written communication skills.
C. The PM’s services may be required during all or part of a project, from planning
stages to project conclusion.
D. The PM shall efficiently conduct effective workshops with community groups and
have an explicit understanding of the California Public Contract Code.
E. The PM will be housed in City Hall performing requisite management and
administrative services on projects, and coordinate with City staff.
F. Develop matrices of the active and proposed projects with schedules, budgets, and
priorities.
G. Perform thorough research of information relevant to each project (i.e. record
drawings, field investigation, site conditions, restrictions, and CEQA status).
H. Discuss and coordinate future projects with various agencies (e.g. utility
companies, pipeline companies, San Bernardino County, San Bernardino Sheriffs,
and Caltrans).
I. Prepare and compose Requests for Proposals (RFP). Review and evaluate proposals
and provide recommendations to City Engineer, Director of Public Works, and City
Council.
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J. Prepare and conduct presentations to City staff, City Council, Commissions, and
the public.
K. Draft construction plans using Autocad® software or such other software that the
City may require.
L. Compose project specifications and estimates.
M. Prepare and coordinate projects for the bidding process.
N. Coordinate, conduct, and attend various meetings (e.g. staff meetings, construction
meetings, progress meetings, utility coordination meetings, Council meetings, and
workshops).
O. Meet with various City departments and solicit input for project design, schedule,
and budgets.
P. Manage project budgets and closely work with City’s Finance Department staff.
Q. Review, evaluate, approve, and process payments to consultants, contractors, and
various agencies.
R. Review, evaluate, negotiate, and approve proposed changes by consultants and
contractors.
S. Perform field work such as inspections and job walks.
T. Efficiently and effectively develop and manage multiple Public Works Capital
Improvement Projects from planning stage through the conclusion of the project.
V. Consultant must perform all on-call Services in compliance with the following
requirements:
A. Each task shall be indicated by a written request (Task Order) produced by the
Contract Officer with a description of the work to be performed, and the time
desired for completion. All tasks shall be carried out in conformity with all
provisions of this Agreement.
B. Consultant must prepare a written description of the requested tasks including all
components and subtasks; the costs to perform the task (“Task Budget”), using the
itemized fees in Exhibit C, Schedule of Compensation, whenever a requested task
is provided for in Exhibit C; explain how the cost was determined; and, a schedule
for completion of the task (“Task Completion Date”); which shall all collectively
be referred to as the “Task Proposal”.
C. Contract Officer shall in writing approve, modify, or reject the Task Proposal, and
may issue a Notice to Proceed.
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01247.0001/894613.1 5/26/2023 A-4
D. The task shall be performed at a cost not to exceeding the Task Budget.
E. Consultant shall complete the task and deliver all deliverables to Contract Officer
by the Task Completion Date.
VI. In addition to the requirements of Section 6.2 and pursuant to the Task Order’s project-
specific Scope of Services, the Contract Officer may require the Consultant to provide the
following deliverables, as applicable:
A. Project studies
B. Research results
C. Grant information and application
D. Survey maps
E. Photos
F. Conceptual plans
G. 50% Construction Plan Submittal
H. Construction plan submittal with specifications and estimates at 75%, 90%, and
100% levels
I. Permits
J. Inspection Reports and field reports
K. All other related items the City deems necessary for the project
VII. All work product is subject to review and acceptance by the City, and must be revised by
the Consultant without additional charge to the City until found satisfactory and accepted
by City.
VIII. Consultant will utilize qualified personnel with the following titles to perform the Services
required by the applicable Task Order. Consultant shall obtain the Contract Officer’s
advanced written approval when replacing any individual assigned to perform services on
Task Orders.
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01247.0001/894613.1 5/26/2023 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
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01247.0001/894613.1 5/26/2023 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. This Schedule of Compensation governs Consultant’s compensation in the event the
Consultant performs services pursuant to a Notice to Proceed on a Task Order. This
Agreement does not guarantee that Consultant will be selected to perform services on
Task Orders.
II. Consultant responding to the City’s request for proposals on a project-specific Task Order
shall establish a Task Budget for the Task Order, identifying the subtasks based on the time
and rates of the personnel performing the subtasks, and itemizing all materials and
equipment utilized and the costs thereof. If payment is to be made other than at completion
of the services, then the phases of the performance and percentage of payment due shall
also be shown in the Task Proposal. Consultant’s proposals on Task Orders shall be based
on hourly rates identical to the rates attached as Exhibit C-1.
III. The City shall retain ten percent (10%) from each payment as a contract retention to be
paid as part of final payment upon satisfactory completion of services on a Task Order.
IV. City will compensate Consultant for the Services performed upon submission of a valid
invoice. Each invoice is to include
A. Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and
travel properly charged to the Services.
V. The total compensation for the Services shall not exceed $10,000 for the term of this
Agreement, as provided in Section 2.1 of this Agreement.
VI. Consultant’s billing rates for Services are attached as Exhibit C-1. To the extent any portion
of Consultant’s work is subject to prevailing wage requirements, then Consultant’s
proposal on a Task Order shall include a Task Budget with hourly rates adjusted for
prevailing wage.
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01247.0001/894613.1 5/26/2023 C-2
EXHIBIT “C-1”
CONSULTANT’S RATES
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01247.0001/894613.1 5/26/2023 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. From the term of this Agreement, Consultant shall provide Services on an on-call basis as
set forth in Exhibit A.
II. If the City selects the Consultant’s proposal to perform a project-specific Task Order, the
Task Order’s Scope of Work/Services or the Notice to Proceed, or both, shall provide the
detailed schedule of performance.
III. The Contract Officer may approve extensions for performance of the Services in
accordance with Section 3.2.
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AGENDA REPORT
MEETING DATE: June 27, 2023 Council Item
TITLE: Funding Request from the Grand Terrace Chamber of
Commerce
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: The City Council continues to support the Grand Terrace
Chamber of Commerce through the contribution of office and
administrative space but does not contribute direct financial
support at this time. However, staff should be directed to
evaluate some level of funding in the 2024-25 FY budget.
2030 VISION STATEMENT:
This staff report supports Goal #1, Commit to a Balanced Budget, and supports Goal
#3, Develop a Proactive Economic Development Plan to Attract New Businesses.
BACKGROUND:
Since 1962, the Grand Terrace Area Chamber of Commerce has promoted the
economic and civic vitality of our community. During the subsequent years, the City and
the Chamber have worked in partnership in the community.
Due to various reasons, the Chamber of Commerce has been dormant for the past
several years. In September of 2022, a group of business and community members
reestablished the Chamber of Commerce.
The City of Grand Terrace has committed to contributing Office space, telephone, and
Wi-Fi access in City Hall for a cost of $1 per year.
In addition to this, the Chamber has asked for a grant of $18,000 for FY 2034-24.
DISCUSSION:
A vibrant active Chamber of Commerce is important in the long-term economic growth
of the community. The existing iteration of the Chamber has an active membership but
has only been in operation for less than a year. In this nascent state, the City would be
the major financial support for the Chamber. Between the contribution of office space
and a financial grant, the City would be carrying the brunt of the costs for chamber
operations. Additionally, the City approved the budget for FY 2023-24 on May 23, 2023,
with no funds allocated for a grant to the Chamber. Granting these funds at this point
would diminish the projected surplus to a minimal amount and limit the City in providing
services to the remainder of the community.
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FISCAL IMPACT:
None based on staff’s recommendation.
APPROVALS:
Konrad Bolowich Completed 06/20/2023 2:14 PM
Finance Completed 06/20/2023 3:00 PM
City Manager Completed 06/20/2023 3:18 PM
City Council Pending 06/27/2023 6:00 PM
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AGENDA REPORT
MEETING DATE: June 27, 2023 Council Item
TITLE: Truck Routes in the City of Grand Terrace
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: Receive and file.
2030 VISION STATEMENT:
This staff report supports Goal #5, Engage in Proactive Communication
BACKGROUND:
Truck routes are regulated in chapter 10.04.630 of the Municipal Code.
DISCUSSION:
Truck routes designate streets allowing vehicles with a maximum gross vehicle weight
(GVW) in excess of 10,000 lbs.
California Legal Truck Tractor – Semitrailer lengths CVC 35401.
• No vehicle combinations may exceed a total length of 65 feet
• (1) A combination of vehicles which consists of a truck tractor, a semitrailer, and
a semitrailer or trailer, may not exceed 75 feet, if neither the semitrailers nor the
trailer in the combination of vehicles exceeds 28 feet 6 inches.
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•
Exemptions exist for:
• Trucks involved in making pickups or deliveries of goods, wares and
merchandise are exempt.
• School buses and passenger buses
• Vehicles owned by a public utility while in use for any related project.
• Emergency service vehicles.
The following streets and portions of streets are designated and established as
commercial vehicle truck routes:
• Barton Road (within Grand Terrace City limit).
• Mount Vernon Avenue from Barton Road to Main Street.
• Main Street from the westerly City limit to Mount Vernon Avenue.
• La Cadena Drive (within Grand Terrace City limit).
Violation is an infraction with penalties of:
• $50.00 for a first conviction
• $100.00 for a second conviction in one year
• $250.00 for a third conviction and subsequent convictions in one year
ENVIRONMENTAL IMPACT
None.
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FISCAL IMPACT:
None.
APPROVALS:
Konrad Bolowich Completed 06/21/2023 1:30 PM
City Manager Completed 06/21/2023 3:04 PM
City Council Pending 06/27/2023 6:00 PM
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