02/13/2024CITY OF GRAND TERRACE
CITY COUNCIL
AGENDA ● FEBRUARY 13, 2024
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: 831 4505 0293 Passcode: 119290 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 February 13, 2024
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. 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.
C. SPECIAL PRESENTATIONS
San Bernardino County Fire Protection District FP-5 Presentation - Daniel R. Munsey, Fire Chief/Fire Warden
D. 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
Agenda Grand Terrace City Council February 13, 2024
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Member, Staff Member, or Citizen may request removal of an item from the Consent calendar for discussion.
1. Waive Full Reading of Ordinances on Agenda
DEPARTMENT: CITY CLERK
2. Approval of Minutes – Regular Meeting – 01/09/2024
DEPARTMENT: CITY CLERK
3. Proclaim Existence of a Local Emergency
RECOMMENDATION:
Adopt a Resolution of the City Council of the City of Grand Terrace, California,
Ratifying, Declaring and Proclaiming a Local Emergency for the City of Grand Terrace
DEPARTMENT: CITY MANAGER/CITY ATTORNEY
4. Revise the Special Event Fees and Deposit Requirement Previously Approved and Established by the City Council in Title 8, of the Grand Terrace Municipal Code
RECOMMENDATION: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA TO AMEND THE SPECIAL EVENT FEES AND DEPOSIT REQUIREMENT PURSUANT TO TITLE 8 OF THE GRAND TERRACE MUNICIPAL CODE AND FINDING THE RESOLUTION EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL EQUALITY ACT (“CEQA”)
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
5. Emergency Management Performance Grant (EMPG) FY2022
RECOMMENDATION: 1. Receive and file the San Bernardino County Office of Emergency Services-
Emergency Management Performance Grant (EMPG) Project Approval Notification
Letter. 2. Accept the EMPG award in the amount of $14,500. 3. Authorize the in-kind match of $14,500 from the City’s approved FY2023-24 operating budget as required by the EMPG grant.
4. Approve the revenue and expense appropriations in the amounts of $29,000
respectively for the EMPG grant activity. 5. Approve FY22 Emergency Management Performance Grant (EMPG) Subrecipient Agreement.
DEPARTMENT: CITY MANAGER
Agenda Grand Terrace City Council February 13, 2024
City of Grand Terrace Page 4
6. An Amendment to the Agreement Between the City of Grand Terrace and Michael Baker International - Housing Element Consultant Services for the 2021-2029 Planning Period to Incorporate Additional Public Outreach to Complete HCD Response to
Comments and Obtain an Adopted Housing Element
RECOMMENDATION: 1. Approve an Amendment No. 1 to Professional Services Agreement Between the City of Grand Terrace and Michael Baker International for Housing Element Consultant Services for the 2021-2029 Housing Element Response to HCD Comments and
Housing Element Adoption in the amount of $37,110.00, for a total not to exceed
contract amount of $77,360; and 2. Authorize the City Manager to Execute the Agreement subject to the City Attorney's approval as to form; and 3. Authorize the appropriation of the following funding sources: Local Early Action
Planning (LEAP) Grant of up to $24,750.00 and General Fund of $16,071.00.
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
7. Consideration of a Resolution of the City Council of the City of Grand Terrace Approving a Form Reimbursement and Indemnification Agreement to be Used in Relation to Development Projects Within the City and Authorizing the Execution Thereof by the City
Manager Subject to City Attorney Approval as to Form
RECOMMENDATION: 1. Adopt a Resolution approving a Form Reimbursement and Indemnification Agreement and Authorizing the City Manager to Execute the Same Subject to City Attorney Approval as to Form.
DEPARTMENT: CITY ATTORNEY
8. Appropriations for Barton Rd Slope Repair
RECOMMENDATION: 1. Approve appropriations in the amount of $192,000 for the Barton Rd slope repair. 2. Award a contract to TK Construction for repair services in the amount of $192,000 plus a 10% contingency ($19,200) and authorize the City Manager to execute the
agreement subject to City Attorney approval as to form.
DEPARTMENT: PUBLIC WORKS
9. Street Rehabilitation Project: FY 2023-24 CIP and City Yard Improvements
RECOMMENDATION: 1. Adopt a resolution of the City Council of the City of Grand Terrace in the County of
San Bernardino, State of California, adopting the revision to the Fiscal Year 2023-24
Five-Year Capital Improvement Plan (CIP) for Fiscal Years 2023-24 through 2027-
28.
2. Find that the Capital Improvement Project (CIP 2023-1) is categorically exempt from
the California Environmental Quality Act (CEQA) pursuant to CEQA Regulations
Section 15301(c) and authorize the preparation and filing of a Notice of Exemption
Agenda Grand Terrace City Council February 13, 2024
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as applicable.
3. Award the Capital Improvement Project (CIP 2023-24) to Hardy & Harper, Inc. on
the Base Bid and approve the public works agreement with Hardy & Harper, Inc., in
the amount of $1,188,000, plus a 10% contingency ($118,800) for the construction
of the Capital Improvement Project (CIP 2023-24), and authorize the City Manager
to execute the agreement, subject to City Attorney approval as to form.
4. Award a contract to Willdan for Inspection Services for Capital Improvement Project
(CIP 2023-24) in the amount of $36,240 plus a 10% contingency ($3,624), and
authorize the City Manager to execute the agreement, subject to City Attorney
approval as to form.
DEPARTMENT: PUBLIC WORKS
10. Concrete Rehabilitation Project - Sidewalk and Ramp Replacement
RECOMMENDATION:
1. Find that the Concrete Rehabilitation Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Regulations Section 15301(c) and authorize the preparation and filing of a Notice of Exemption as applicable.
2. Award the Concrete Rehabilitation Project to Hardy & Harper, Inc., on the Base Bid
and approve the public works agreement with Hardy & Harper, Inc., in the amount of $84,315.00 plus a 10% contingency ($8,431.50) and authorize the City Manager to execute the agreement subject to City Attorney approval as to form. 3. Award a contract to Willdan for Inspection Services in the amount of $18,120 plus a
10% contingency ($1,812) and authorize the City Manager to execute the agreement
subject to City Attorney approval as to form.
DEPARTMENT: PUBLIC WORKS
E. PUBLIC HEARINGS
11. Introduction and First Reading by Title Only, with Further Reading Waived an Ordinance
Amending Title 12.08 Street Excavation
RECOMMENDATION: Introduction and First Reading by Title Only, with Further Reading Waived an Ordinance
Amending Title 12.08 Street Excavation
DEPARTMENT: PUBLIC WORKS
12. Prioritization of Funding Recommendations for Community Development Block Grant (CDBG) Funds for Program Year 2024-25
RECOMMENDATION: 1) Conduct a public hearing for the prioritization of eligible applications for 2024-25 Community Development Block Grant (CDBG) funding; and,
Agenda Grand Terrace City Council February 13, 2024
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2) Prioritize funding allocations and authorize staff to submit the City's CDBG funding recommendation to the County of San Bernardino Economic Development Agency.
DEPARTMENT: PUBLIC WORKS
F. UNFINISHED BUSINESS - NONE
G. NEW BUSINESS
13. Information on the Process of Implementation, the Difference Between a General
Purpose and Special Purpose Tax, the Requirements for Adoption by City Council
Action or Adoption by Initiative, the Requirement for Each Process, and the Timing Associated with Placing the Item on the Ballot
RECOMMENDATION: City staff recommends that the City Council:
1. Direct staff to prepare necessary resolutions and an ordinance to establish a general
Transactions and Use Tax; 2. Provide direction to utilize a rate of 1.00% or some other rate.
DEPARTMENT: CITY MANAGER
14. City Council to Submit Its Opposition to the Public Utilities Code Tax Provision, Section
739.9 Embeddded into Assembly Bill 205 (2022)
RECOMMENDATION: That the City Council Submit its Opposition to Public Utilities Code Tax Provision, Section 739.9 Embedded into Assembly Bill 205 (2022)
DEPARTMENT: CITY MANAGER
15. Priority Projects FY 2023-2024_FY2024-2025 Review
RECOMMENDATION: That the City Council review and provide feedback and direction as appropriate.
DEPARTMENT: CITY MANAGER
H. FUTURE AGENDA ITEMS - NONE
I. CITY COUNCIL COMMUNICATIONS
Council Member Kenneth J. Henderson
Council Member Jeff Allen
Agenda Grand Terrace City Council February 13, 2024
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Council Member Sylvia Robles
Mayor Pro Tempore Doug Wilson
Mayor Bill Hussey
J. CITY MANAGER COMMUNICATIONS
K. RECESS TO CLOSED SESSION
CLOSED SESSION
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS, pursuant to Government
Code Section 54956.8
Property: APNs 1167-151-22, 2267-151-74, 1167-151-68, 1167-151-71, 1167-161-03 and 1167-161-04 City negotiator: Konrad Bolowich, City Manager
Negotiating parties: Lewis Land Developers
Under negotiation: Price and terms of payment
2. CONFERENCE WITH LABOR NEGOTIATORS, pursuant to Government Code Section 54957.6
Agency Designated Representatives: Konrad Bolowich, City Manager
Adrian R. Guerra, City Attorney
Employee Organization: Teamsters Local 1932 Unrepresented Employees City Manager, Finance Director, City Clerk, Director of Public Works, Director of Planning & Development Services,
Senior Management Analyst (Two
Positions), Management Analyst
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION, pursuant to Government Code Section 54956.9(a)
Case Name: Sunny Days, LLC v. City of Grand Terrace
Case No.: CIV SB 2107692
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION, pursuant to Government Code Section 54956.9(a)
Case Name: Ben Eilenberg, an individual v. City of Grand Terrace, et al.
Case No.: CIV SB 2200100
RECONVENE TO OPEN SESSION
REPORT OUT OF CLOSED SESSION
Agenda Grand Terrace City Council February 13, 2024
City of Grand Terrace Page 8
L. ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, February 27, 2024 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.
CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES ● JANUARY 9, 2024
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, January 9, 2024, at 6:00 p.m.
Invocation
The Invocation was given by Pastor Mark Matthews from Grand View Baptist Church.
Pledge of Allegiance
The Pledge of Allegiance was led by Mayor Pro Tem Doug Wilson.
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
Konrad Bolowich, City Manager removed Agenda Item No. G.7 from the agenda.
B. PUBLIC COMMENT
Christina Phelps, Grand Terrace expressed her concern regarding the increase in the City’s Special Event permit fee. Robert Sanchez, Grand Terrace expressed his concern regarding JC Wallace House.
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Monica Helton, Grand Terrace expressed her concern regarding JC Wallace House.
Bobbie Forbes, Grand Terrace expressed her concern regarding JC Wallace House.
Alex Howard, Grand Terrace expressed her concern regarding homelessness in the city.
C. SPECIAL PRESENTATIONS - NONE
D. 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 – 12/12/2023
APPROVE THE REGULAR MEETING MINUTES OF DECEMBER 12, 2023.
3. September 14, 2023, October 12, 2023 and November 9, 2023 Parks & Recreation Advisory Committee Meeting Minutes Updates
RECEIVE AND FILE.
4. Approval of the November-2023 Check Register in the Amount of $676,339.18
APPROVE THE CHECK REGISTER NO. 11302023 IN THE AMOUNT OF $676,339.18 AS SUBMITTED, FOR THE MONTH ENDING NOVEMBER 30, 2023.
5. Approval of the December-2023 Check Register in the Amount of $842,004.13
APPROVE THE CHECK REGISTER NO. 12312023 IN THE AMOUNT OF $842,004.13 AS SUBMITTED, FOR THE MONTH ENDING DECEMBER 31, 2023.
E. PUBLIC HEARINGS
6. Introduction and First Reading by Title Only, with Further Reading Waived an Ordinance Amending Title 12.08 Street Excavation
Shanita Tillman, Senior Management Analyst gave the staff report and PowerPoint
presentation for this item. Mayor Hussey opened the public hearing for this item at 6:33 p.m.
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PUBLIC COMMENT
None.
Mayor Hussey closed the public hearing for this item at 6:33 p.m. Mayor Pro Tem Wilson moved, with a second from Council Member Kenneth J.
Henderson, to continue the moratorium ordinance to a future meeting that includes
language that any excavation and repaving on Mt. Vernon Avenue, Barton Road, Michigan Street and Observation Drive, and any other street the City Engineer deems necessary, is limited to jack and bore only.
RESULT: CONTINUED [UNANIMOUS] Next: 2/13/2024 6:00 PM
MOVER: Doug Wilson, Mayor Pro Tem
SECONDER: Kenneth J. Henderson, Council Member
AYES: Hussey, Wilson, Rodriguez-Robles, Allen, Henderson
F. UNFINISHED BUSINESS - NONE
G. NEW BUSINESS
7. Community Benefit Fund Grant Award to the Grand Terrace Foundation of Grand Terrace Youth in the Amount of $2,000.00
Christine Clayton, Finance Director gave the Staff Report on this item. Christy Boal, Grand Terrace spoke on behalf of the Foundation of Grand Terrace for Youth in support of the item.
Council Member Henderson moved, with a second from Mayor Pro Tem Wilson that the City Council approve the Community Benefit Fund application submitted by the Foundation of Grand Terrace for Youth in the amount of $2,000.00 as a scholarship that the Foundation of Grand Terrace for Youth will administer, that the City Council consider future changes to the Community Benefit Fund regarding a fellowship program
and include the City Manager’s potential changes to the program moving forward.
RESULT: APPROVED [UNANIMOUS]
MOVER: Kenneth J. Henderson, Council Member
SECONDER: Doug Wilson, Mayor Pro Tem
AYES: Hussey, Wilson, Rodriguez-Robles, Allen, Henderson
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8. Establishment of a Transactions and Use Tax
Adrian Guerra, City Attorney gave the Staff Report and PowerPoint Presentation on this item.
PUBLIC COMMENT Bobbie Forbes, Grand Terrace conveyed her support for the agenda item.
Michelle Sabino, Grand Terrace conveyed her support for the agenda item.
Mayor Hussey moved, with a second from Council Member Allen, to bring back the item to the first meeting in February 2024 for further discussion and provide the City Council with the associated costs of bringing a tax initiative to the voters.
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Hussey, Mayor
SECONDER: Jeff Allen, Council Member
AYES: Hussey, Wilson, Rodriguez-Robles, Allen, Henderson
H. FUTURE AGENDA ITEMS
1. Motion: Motion: Discuss the potential opposition by the City Council to public utilities proposed high fixed utility charge.
Requested by: Council Member Henderson
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kenneth J. Henderson, Council Member
SECONDER: Jeff Allen, Council Member
AYES: Hussey, Wilson, Rodriguez-Robles, Allen, Henderson
2. Motion: Motion: Review how Conditional Use Permits are issued by the city.
Requested by: Council Member Allen
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jeff Allen, Council Member
SECONDER: Kenneth J. Henderson, Council Member
AYES: Hussey, Wilson, Rodriguez-Robles, Allen, Henderson
3. Motion: Motion: Request a receive and file update report on JC Wallace House.
Requested by: Council Member Rodriguez-Robles
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RESULT: ADOPTED [UNANIMOUS]
MOVER: Sylvia Rodriguez-Robles, Council Member
SECONDER: Bill Hussey, Mayor
AYES: Hussey, Wilson, Rodriguez-Robles, Allen, Henderson
4. Motion: Motion: Establish a Subcommittee to review the operations of JC Wallace House to ensure they are in compliance.
Requested by: Mayor Hussey
RESULT: ADOPTED [4 TO 1]
MOVER: Bill Hussey, Mayor
SECONDER: Sylvia Rodriguez-Robles, Council Member
AYES: Bill Hussey, Sylvia Rodriguez-Robles, Jeff Allen, Kenneth J. Henderson
NAYS: Doug Wilson
5. Motion: Motion: Review Special Event permit fees and consider revision.
Requested by: Mayor Hussey
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bill Hussey, Mayor
SECONDER: Kenneth J. Henderson, Council Member
AYES: Hussey, Wilson, Rodriguez-Robles, Allen, Henderson
6. Motion: Motion: Discuss an ordinance and administer violations on pan handling in the city.
Requested by: Mayor Hussey
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bill Hussey, Mayor
SECONDER: Doug Wilson, Mayor Pro Tem
AYES: Hussey, Wilson, Rodriguez-Robles, Allen, Henderson
7. Motion: Motion: Discuss street vendor regulations.
Requested by: Mayor Hussey
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bill Hussey, Mayor
SECONDER: Kenneth J. Henderson, Council Member
AYES: Hussey, Wilson, Rodriguez-Robles, Allen, Henderson
I. CITY COUNCIL COMMUNICATIONS
Council Member Kenneth J. Henderson
Nothing to Report.
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Council Member Jeff Allen
Nothing to Report.
Council Member Sylvia Robles
Council Member Sylvia Robles attended the following:
• Council Member Rodriguez-Robles attended the San Bernardino County Transportation Authority’s Board of Directors meeting on January 3, 2024.
Mayor Pro Tempore Doug Wilson
Nothing to Report.
Mayor Bill Hussey
Mayor Hussey reported on the following:
• Mayor Hussey announced that January 9, 2024, is National Law Enforcement
Day
J. CITY MANAGER COMMUNICATIONS
Nothing to Report.
K. RECESS TO CLOSED SESSION
Mayor Hussey recessed the Regular Meeting of the City Council to closed session at 8:25 p.m.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to
Government Code Section 54956.9(a)
Case Name: Ben Eilenberg, an individual v. City of Grand Terrace, et al. Case No.: CIV SB 2200100
RECONVENE TO OPEN SESSION
Mayor Hussey reconvened the Regular Meeting of the City Council from closed session
at 8:40 p.m. REPORT OUT OF CLOSED SESSION
Mayor Hussey announced there was no reportable action taken and direction was given
to staff.
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L. ADJOURN
Mayor Pro Tem Wilson adjourned the Regular Meeting of the City Council at 8:41 p.m. The Next Regular City Council Meeting will be held on Tuesday, January 23, 2024, at
6:00 p.m.
_________________________________ _________________________________ Bill Hussey, Mayor Debra L. Thomas, City Clerk
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AGENDA REPORT
MEETING DATE: February 13, 2024 Council Item
TITLE: Proclaim Existence of a Local Emergency
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: Adopt a Resolution of the City Council of the City of Grand Terrace, California, Ratifying, Declaring and Proclaiming a Local Emergency for the City of Grand Terrace
2030 VISION STATEMENT: This staff report supports Our Mission to preserve and protect our community, Goal #2, Maintaining Public Safety and Goal #5, Engage in Proactive Communication. BACKGROUND: In early February of 2024, a powerful, slow moving atmospheric river storm struck California and continued for several days threatening life and safety, public and private
property and structures, and other critical infrastructure. The National Weather Service issued multiple Winter Storm Warnings, High Wind Warnings, Wind Advisories, and Flood and Flash Flood Watches throughout the State in anticipation of the potential impacts from the early February 2024 storms, which
included dangerous and life-threatening flooding and debris flows, and damaging wind causing property damage and power outages. DISCUSSION:
Currently, there are two Governor’s proclamations for two disasters. Starting December 28, 2023, through February 2, 2024, San Diego, Ventura, Humboldt, Imperial, Monterey, San Mateo and Santa Cruz counties were proclaimed disaster areas. Starting February 3, 2024, Los Angeles, Orange, Riverside, San Bernardino, San Luis Obispo and Santa Barbara counties were added to the Governor’s disaster
proclamation. The Federal Highway Administration's (FHWA) Emergency Relief (ER) Program was authorized by Congress to repair or reconstruct federal-aid routes that have suffered serious damage as a direct result of a declared event (see Title 23, United States Code,
Section 125). The program is available to State and Local Agency transportation departments with roads suffering serious damage from natural disasters or catastrophic failures from external causes. ER funding is intended to supplement resources from States, localities and other Federal agencies to help in the repair of facilities damaged
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by eligible events. Local agencies reporting disaster damage information must report their damages to
both CalOES and Caltrans, separately. CalOES and Caltrans separately administer
different disaster relief funding programs, with very different requirements. For this reason, local agencies will need to make sure they are sharing all their disaster damage information separately, with both CalOES and Caltrans.
A resolution of the City Council of the City of Grand Terrace, California, declaring a local
emergency has been attached to this staff report for City Council review and approval as the Department of Transportation (Caltrans) will need this information so that the City can participate the Emergency Relief Program.
FISCAL IMPACT:
None at this time.
ATTACHMENTS:
• 2024-xx - Declare Local Emergency (DOC)
APPROVALS:
Konrad Bolowich Completed 02/08/2024 3:11 PM
City Manager Completed 02/08/2024 3:12 PM
City Council Pending 02/13/2024 6:00 PM
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CC Reso No. 2024-xx Page 1 of 2 February13, 2024
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RATIFYING, DECLARING AND PROCLAIMING A LOCAL EMERGENCY FOR THE CITY OF GRAND TERRACE
WHEREAS, the California Emergency Services Act, Government Code Sections 85589(c) and 8630 authorize the proclamation of a local emergency when conditions of a disaster or extreme peril to the safety of persons and property within the territorial limits of a city exist; and
WHEREAS, pursuant to Government Code Section 8630 such an emergency may be proclaimed by the governing body or by an official designated by ordinance adopted by the governing body; and
WHEREAS, in early February 2024 a powerful, slow moving atmospheric river
storm struck California beginning February 3, 2024, and is expected to continue for several days threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service has issued multiple Winter Storm
Warnings, High Wind Warnings, Wind Advisories, and Flood and Flash Flood Watches throughout the State in anticipation of the potential impacts from the early February 2024 storms, which include dangerous and life-threatening flooding and debris flows, and damaging wind causing property damage and power outages.
WHEREAS, the City of Grand Terrace has experienced direct impacts from these weather events causing damage to local infrastructure. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand
Terrace, as follows:
1. The Recitals set forth above are true and correct and are incorporated herein by this reference.
2. That the City Council ratifies, declares and proclaims the existence of a local
emergency throughout the City; and 3. That all City Departments and Personnel are instructed and required to continue to perform all duties and responsibilities to represent the City in this
matter to prevent and abate the emergency and receive, process, and
coordinate all inquiries and requirements necessary to obtain whatever State
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CC Reso No. 2024-xx Page 2 of 2 February13, 2024
and Federal Assistance may become available to the City and/or to the citizens of the City who may be affected by the emergency; and
4. That the City Clerk is hereby instructed to forward copies of this Resolution to
the Governor of the State of California, the Director of the Office of Emergency Services of the State of California, the San Bernardino County Office of Emergency Services and the San Bernardino County Board of Supervisors.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 13th day of February 2024.
_______________________________
Bill Hussey, Mayor ATTEST:
Debra L. Thomas City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra
City Attorney
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AGENDA REPORT
MEETING DATE: February 13, 2024 Council Item
TITLE: Revise the Special Event Fees and Deposit Requirement Previously Approved and Established by the City Council in
Title 8, of the Grand Terrace Municipal Code
PRESENTED BY: Antonio Lopez, Planning Technician
RECOMMENDATION: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA TO AMEND THE SPECIAL EVENT FEES AND DEPOSIT
REQUIREMENT PURSUANT TO TITLE 8 OF THE GRAND TERRACE MUNICIPAL CODE AND FINDING THE RESOLUTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL EQUALITY ACT (“CEQA”)
2030 VISION STATEMENT: This staff report supports Goal #4 "Develop and Implement Successful Partnerships", specifically, the action item “Work Collaboratively with Community Groups and Private
and Public Sector Agencies to Facilitate the Delivery of Services Benefiting Youth, Seniors & Our Community.” BACKGROUND:
Article XI, section 7 of the California constitution provides cities with broad power to make and enforce within its limits all local, police, sanitary, and other ordinances, and regulations not in conflict with general laws. In exercising this power, the legislative body of any county or city may establish reasonable fees for the processing of permits and regulatory activities, but the fees shall not exceed the amount reasonably required
to administer the processing of such permits and the regulatory activities. Title 8 of the Grand Terrace Municipal Code regulates Special Event permits, and Section 8.50.040 requires that special events on public property or private property require a special event permit. A “special event,” defined under Section 8.50.030,
includes:
• A commercial event (e.g., a fair, carnival, farmers market),
• A spectator sport (e.g., volleyball, hockey, basketball, baseball, soccer),
• Any organized athletic event (e.g., races, runs, soccer games, baseball games),
• A community event (e.g., park clean-up, a hike, or nature walk),
• Parades,
• Any mixed free speech special event,
• Any event that: will use amplified sound; may interfere with traffic, ingress, or
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egress, or will use structures or equipment that require health and safety inspections.
Section 8.50.060 requires that applicants for a special event permit also pay an
application fee and administrative review fee (if applicable), and require that permit holders pay any additional costs of any other City services and charges that are billed after the expiration of the permit. These fee amounts have been set by City Council resolution, pursuant to Section 8.50.100.
On October 1st, 2023, a new fee schedule was adopted resulting in the price increase of a Special Event permit fees going from $310.00 (Minor Event, 200 people or less), $620.00 (Mid-Size Event, 201-500 people), and $620.00 deposit with actual costs (Major Event, 501+ people), to $1,230.00 plus a security deposit for a minor event,
$1,435.00, plus a security deposit determined by staff for a mid-size event, and $2,000
deposit with actual costs plus a security deposit determined by staff for a major event. The City’s current Special Event Fee schedule is attached as “Exhibit 1.” On the January 9th, 2024, City Council meeting the City Council of the City of Grand
Terrace directed City Staff to provide recommendations regarding amending the current
Special Event Permit Fees to allow more accessibility to all members of the community wishing to have special events within the city.
DISCUSSION:
Since the current Special Event Permit Fees were adopted on October 1, 2023, City staff has received public comment on several occasions that the Special Event Fees were not feasible and accessible for those wishing to have special events here in the
city, especially for non-profit groups-community based organizations and grass root
groups. Currently the City of Grand Terrace does have the option for those wishing to have a special event to apply for the Community Benefit Fund which allows the City Council to
waive the Special Event Permit fee. However, but the grant has only a limited budget of
$5,000, which at the current Special Event Permit fees will allow for only four to five applicants to receive the funds to be able to host special events. Therefore, based on the City Council’s direction and feedback from the public, and in
order to make the Special Event Permit for accessible for all community-based groups,
non-profit groups, residents and all wishing to make a positive impact within the City of Grand Terrace, staff recommends that the City Council adopt the proposed Resolution to amend the current Special Event Permit Fees in Exhibit 1 to reduce Special Event Permit Fees for Minor Events (200 people or less), Mid-Size Events (201-500 people),
and Major Events (501+ people) to $0.00. Further, amending the Special Event Permit
Fees supports Goal #4 of the 2030 Vision Statement, “Develop and Implement Successful Partnerships,” by working collaboratively with community groups and private
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and public sector agencies to facilitate the delivery of services benefiting youth, seniors & our community. The City’s proposed Special Event Fee schedule reflecting these reduced fees is attached as “Exhibit 2.”
FISCAL IMPACT: The adoption of the Resolution will likely result in an increase in community members,
non-profit groups, and residents applying for Special Event Permits. An analysis done
by staff shows that from fiscal year 2019 until present, Special Events accumulated a total of $6,243.50 in fees, after Community Benefit Grants were awarded. These amounts are illustrated in the below chart:
Based on community feedback and the current number of pending or complete Special
Event Permit applications, staff projects that the City is likely to receive less permit applications from community members, non-profit groups, and residents than from 2019 to present due to the over 50% increase in Special Permit Event Fees adopted in October 2023. Staff projects that reducing Special Event Permit Fees for Minor Events (200 people or less), Mid-Size Events (201-500 people), and Major Events (501+
people) to $0.00 will attract more community members, non-profits, local organizations to host special events in the City of Grand Terrace, resulting in the creation of a stronger community and bolstering community engagement from residents, and organizations located within the City of Grand Terrace.
ATTACHMENTS:
• (GT) Resolution Adjusting Special Event Fee 2024(957862.2)(DOCX)
APPROVALS:
Antonio Lopez Completed 02/06/2024 3:57 PM
Finance Completed 02/06/2024 4:20 PM
City Manager Completed 02/07/2024 2:34 PM
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City Council Pending 02/13/2024 6:00 PM
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01247.0005/957862.2
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA TO AMEND THE SPECIAL EVENT FEES AND DEPOSIT REQUIREMENT PURSUANT TO TITLE 8 OF THE GRAND TERRACE MUNICIPAL CODE AND FINDING THE RESOLUTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL EQUALITY ACT (“CEQA”)
WHEREAS, Article XI, section 7 of the California Constitution provides cities with broad
police power to make and enforce within its limits all local, police, sanitary, and other ordinances, and regulations not in conflict with general laws; and
WHEREAS, this broad police power includes the ability to impose administrative fees for business regulations and provision of public services to reimburse the City’s costs of providing such regulations and services (“Fees”); and
WHEREAS, Title 8 of the Grand Terrace Municipal Code requires that special events on public property or private property require a Special Event Permit granted by the City; and
WHEREAS, Section 8.50.100 of Title 8 of the Grand Terrace Municipal Code establishes that Special Event Permit Fees, charges and deposit costs are set by resolution of the City Council. The City’s current Special Event Permit Fees are attached hereto as “Exhibit 1”; and
WHEREAS, the City Council adopted Ordinance No. 330 in May 2020, which authorized the City Council to adopt, establish, and adjust certain fees and deposits by resolution, including any fees or deposits established in Titles 4, 5, 6, 8, 10, 12, and 13 of the Grand Terrace Municipal
Code; and
WHEREAS, Resolution 2020-12 allows the City Council to review the complete fee
schedule and make changes as necessary by resolution rather than through an ordinance anytime a particular fee needs to be adjusted; and WHEREAS, at the January 9, 2024, regular City Council meeting, the City Council directed staff to recommend and provide options regarding potential adjustments to the Special Event Permit Fee defined under Section 8.50.100 in order to allow cost feasibility and access to all desiring to have special events within the City; and WHEREAS, the City Council now seeks to adjust the Special Event Permit Fees and security deposits required to obtain Special Event Permits for Minor Events, Mid-Size Events, and Major Events, based on staff recommendations, in order to allow price feasibility and access to all wishing to have Special Events within the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES RESOLVE, DETERMINE, AND AS FOLLOWS: Section 1. Recitals. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference. Section 2. Adoption of Fees. The City Council has duly considered the proposed amended Special Event Permit Fee schedule, attached hereto as “Exhibit 2” and incorporated
herein by this reference, and hereby approves and adopts Exhibit 2 as the fee schedule for
Special Event Permits pursuant to Section 8.50.100 of the Grand Terrace Municipal Code. This
Resolution supersedes all prior resolutions concerning all Special Event Permit Fees specified in
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the fee schedule found in Exhibit 1.
Section 3. CEQA Exemption. The City Council finds that this Resolution is exempt from the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment. Where, as here, it can be seen with certainty that there is
no possibility that the activity in question would have a significant effect on the environment, the activity is not subject to CEQA.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, or
portion of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council of the City of Grand Terrace hereby declares that it
would have adopted this Resolution and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 5. Certification. The City Clerk shall certify the adoption of this Resolution, which shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace, California, at a regular meeting held on the 13th day of February 2024.
Bill Hussey Mayor
ATTEST:
Debra L. Thomas City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra, City Attorney
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Exhibit 1: Current Special Event Permit Fees
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Exhibit 2: Proposed Special Event Permit Fees
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AGENDA REPORT
MEETING DATE: February 13, 2024 Council Item
TITLE: Emergency Management Performance Grant (EMPG) FY2022
PRESENTED BY: Darrell Gipson, Code Enforcement/Animal Control Officer
RECOMMENDATION: 1. Receive and file the San Bernardino County Office of Emergency Services-Emergency Management Performance Grant (EMPG) Project Approval Notification Letter.
2. Accept the EMPG award in the amount of $14,500.
3. Authorize the in-kind match of $14,500 from the City’s approved FY2023-24 operating budget as required by the EMPG grant.
4. Approve the revenue and expense appropriations in the amounts of $29,000 respectively for the EMPG grant activity.
5. Approve FY22 Emergency Management Performance
Grant (EMPG) Subrecipient Agreement.
2030 VISION STATEMENT:
This staff report supports City Council Goal #1, “Ensuring Our Fiscal Viability” and Goal #2 "Maintain Public Safety". BACKGROUND: The Emergency Management Performance Grant (EMPG) is a program that supports comprehensive emergency management at the local level and encourages the improvement of mitigation, preparedness, response, and recovery capabilities for all
hazards and threats. Funds provided under the EMPG program must be used to support local emergency management program activities that contribute to the San Bernardino County Operational Area’s capability to prevent, prepare for, mitigate against, respond to, and recover from emergencies and disasters, whether natural or man-made.
The EMPG establishes standards to ensure a uniform level of preparedness across jurisdictions. The eligible activities covered by the grant include planning, organization, equipment training, and exercises, which provide the foundation for an effective and
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consistent response to any threatened or actual disaster or emergency, regardless of the cause.
The EMPG is granted on a 50/50 match basis, which requires the city to match at a
minimum the amount of the funding received. DISCUSSION:
On July 26, 2023, the City received approval from San Bernardino County Office of
Emergency Services for a grant application submitted in the amount of $14,500 to be used in support of the City’s Emergency Operations Center (EOC) and Community Emergency Response Team (CERT). The grant allows the City to improve communication and response capabilities by repairing existing equipment and
purchasing needed equipment utilized for supporting the City’s “Special Needs and
Planning.” The City has limited resources; therefore, the grant was requested by the City Manager as a resource to update existing equipment and to purchase needed equipment to improve the EOC and CERT preparedness, prevention, preparation for, mitigation
against, response to, and recovery from emergencies and disasters. The projects approved by San Bernardino County are listed below:
No. Equipment Description Project Cost
A Off Road Emergency
Vehicle
$21,000
B Handheld Emergency
Radios
$8,000
RECOMMENDATION: Staff is requesting that City Council receive and file the San Bernardino County Office of Emergency Services-Emergency Management Performance Grant (EMPG) Project Approval Notification Letter (attached), accepts the EMPG award in the amount of $14,500 (attached), authorize the in-kind match of $14,500 from the City’s Approved
FY2023-24 operating budget as required by the EMPG grant, and approves the revenue and expense appropriations in the amount of $29,000 respectively for the EMPG grant activity. FISCAL IMPACT:
The City will receive a federal reimbursement grant in the amount of $14,500. Staff is requesting that City Council authorize grant revenue of $14,500 and a transfer from the General Fund of $14,500 for the City's match and expense appropriations in the amount of $29,000 as shown in the table below to account for the grant expenditures. The City will be reimbursed by the federal program after the project is completed.
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Emergency Management Preparedness Grant (EMPG) Fund: Fund Description Amounts
Revenue/Transfers
75 75-300-33 Grant Revenues EMPG $14,500.00
75 75-800-10 Transfer from Fund 10 $14,500.00
Total Revenues/Transfers $29,000.00
Expenditures
75 75-370-220-000-000 Special Departmental
Expense
$29,000.00
Total Expenditures $29,000.00
10 10-999-999-075-000 Transfer to Fund 75 $14,500.00
ATTACHMENTS:
• FY22 EMPG Project Approval Notification Letter (PDF)
• FY20 EMPG Subrecipient Agreement (PDF)
APPROVALS:
Darrell Gipson Completed 01/29/2024 10:56 AM
Finance Completed 01/30/2024 12:31 PM
City Manager Completed 01/30/2024 1:47 PM
City Council Pending 02/13/2024 6:00 PM
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Attachment G FY20 EMPG
Project Narrative and Work Plan
Page 1 of 3
NOTE: Complete a separate Project Narrative and Work Plan for each proposed project
Applicant (Jurisdiction’s Name): City of Grand Terrace
Project Title: EOC and CERT equipment and materials AEL No.:N/A State Strategy Goal and Objective Supported by the Project: This project supports State strategy goal an objective No.4, to strengthen communications capabilities through
planning, governance, technology, and equipment, and No. 8, to enhance incident recovery capabilities.
Indicate the State Priority Supported by the Project (Select All That Apply):
1. Information Management 6. Emergency Responder Credentialing
2. Care and Sheltering x 7. Planning
3. Alert and Warning 8. Exercises
x 4. Special Needs 9. Regional Catastrophic Planning
5. Mass Evacuation 10. COOP and COG Planning
Please answer the following questions:
1. Provide a brief description (maximum 2 paragraphs) of the proposed project and how it supports the State priority. Grand Terrace, a city with limited resources, wishes to utilize the FY20 EMP Grand funding (matching) to support the mission of providing humanitarian services in the event of public need and assistance. Grand Terrace has an established Emergency Operations Center (EOC) and a Community Emergency Response Team (CERT) focused on training community members on how to safely prepare to and respond to disasters. In order to build up the EOC and improve communication capabilities we would like to get a laptop, portable printer, Office software, a bag to make the computer and equipment portable. A portable generator has been included to be utilized by either the EOC or CERT when needed. In addition, we would like to include some type of communication software to improve communication between the City and the community (emergency notifications), we have listed Hootsuite Software; however, we are also considering
Dataminr. The City reinstated the City’s CERT Volunteer group in 2018. The CERT trailer needs to be repaired to be
able to function properly in case of an emergency. Much of the originally purchased equipment needs replacement or, more efficient equipment will be necessary. The City’s CERT trailer stored with essential equipment needs complete replacement. Emergency food, lighting, and radios are obsolete. The CERT inventory needs are listed on the proposed equipment list (H1). 2. Provide a detailed description on how you plan to manage your proposed project. Directed by the City’s designated Emergency Manager, G. Harold Duffey, Planning and Development Services Director/Staff will develop a strategy to manage these resources, provide training by priority. A work program will be initiated to identify how inventory, maintenance, equipment, and supplies are resourced and maintained to keep the EOC and CERT ready in the event of an emergency.
3. Provide a detailed description on how you plan to account for and manage the required 50/50 cost-match of the proposed project.
The City takes extreme pride by continually auditing every expenditure through the strategic business planning process with quarterly updates to the City Council. All costs will be managed with an Excel
D.5.b
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Attachment G FY20 EMPG
Project Narrative and Work Plan
Page 2 of 3
spreadsheet clearly identifying purchase, cost, and timely input. Staff time will be tracked by task and timeline required by the FY20 EMPG and matching the amount spent. 4. Provide a performance timeline for your proposed project. Make sure that the timeline you are proposing is “reasonable”. The City anticipates the grant is awarded in thirty (30) days Once the grant has been awarded, the award of grant will be presented to the City Council for contract acceptance. The contract will then be submitted to the Grantor for acceptance and funding.
Assuming the Grant is accepted with contract, vital equipment will then be purchased during Spring 2021. The City will develop a priority list and start obtaining estimates for the purchase of a new CERT trailer to replace the obsolete existing trailer, equipment and supplies such as radios and emergency
food and water will furnish the trailer. For the EOC, the City will purchase with the grant a compatible laptop computer, cameras for monitoring sensitive locations with compatible EOC related software. 5. Training Data Table (Indicate the date that course was taken by the employee. Attached copy of certification). If the employee has not taken the course, write the date that the employee plans to complete the course in FY 2019. Important Note to Remember: To qualify for 2020 EMPG grant funding, the program funded personnel must complete the required course or courses listed below from July 1, 2020 to June 30, 2022.
NIMS REQUIRED COURSES
EMPG Funded Employee
Name IS 100 IS 200 IS 700 IS 800
Aligned to Multi-Year
Training (Yes or
No)
EMPG Funded
Employee Name
FEMA PROFESSIONAL DEVELOPMENT SERIES
IS 120.c IS 230.d IS 235.c IS 240.b IS 241.b IS 242.b IS 244.b
Aligned
to Multi-Year Training (Yes or
No)
6. Exercise Requirement (indicates the name of the exercise, location, and date the subrecipient plans to attend or host the event). Important Note to Remember: To qualify for 2020 EMPG grant funding,
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Attachment G FY20 EMPG
Project Narrative and Work Plan
Page 3 of 3
the program funded personnel, as well as personnel providing salary match, must participate in at least three (3) exercises from July 1, 2020 to June 30, 2022 (24-month period). Response to real world events will not fulfill exercise requirements.
Please check the appropriate box: □ Our agency currently has spending authority for the requested funds.
□ Our agency does not currently have spending authority for the requested funds. Please explain below: __________________________________________________________________________________
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Exercise Date
EMPG Funded Employee Name
Name of Exercise Name of Host and Location
Discussion-
Based Exercise (Seminar, Workshop,
TTX or Game)
Operations-Based Exercise (Drill, Functional, Full-Scale) 1st Qtr. 2nd Qtr. 3rd Qtr. 4th Qtr.
AAR & IP Will Be
Submitted
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Attachment H-1
Jurisdiction Name:City of Grand Terrace
Point of Contact:Steven A. Weiss
Department or Division:Planning and Development Services Director
Address:22795 Barton Road, Gran Terrace, CA 92313
E-mail Address:sweiss@grandterrace-ca.gov
Phone Number:(909) 824-6621 ext. 225
Date Submitted:11/17/2020 ***Must Complete Attachment G: Project Narrative for each project listed here.***
YES NO 1
Other
Authorized Equipment N/A
N/A
N/A
NO NO $5,213 Response Operational Coordination Goal 4: Strengthen
Communications Capabilities Through Planning, Governance,
Technology, and Equipment
At the 6 month mark, this project will be _____ % complete and $ ________ funds will be expended.At the 12 month mark, this project will be _____ % complete and $ _________ funds will be expended. At the 18 month mark, this project will be ____% complete and $_________ funds will be expended. At the 24 month mark, this project will be _____% complete and $_________ funds will be expended.
YES NO 1 Other Authorized Equipment
N/A
N/A
N/A
NO NO $1,000 Response Operational
Coordination
Goal 4:
Strengthen Communications Capabilities
YES NO 1 Other Authorized
Equipment
N/A
N/A
N/A
NO NO $4,500 Prevention Operational
Coordination
Goal 4:
Strengthen Communicatio
ns Capabilities Through
YES No 1 Other Authorized
Equipment
N/A
N/A
N/A
NO NO $159 Prevention Operational
Coordination
Goal 4:
Strengthen Communicatio
ns Capabilities Through
YES No 1 Other Authorized
Equipment
N/A
N/A
N/A
NO NO $400 Prevention Operational
Coordination
Goal 4:
Strengthen Communicatio
ns Capabilities Through
YES No 1 Other Authorized
Equipment
N/A
N/A
N/A
NO NO $80 Prevention Operational
Coordination
Goal 4:
Strengthen Communicatio
ns Capabilities Through
YES No 1 Other Authorized
Equipment
N/A
N/A
N/A
NO NO $100 Prevention Operational
Coordination
Goal 4:
Strengthen Communicatio
ns Capabilities Through
YES No 1 Other Authorized
Equipment
N/A
N/A
N/A
NO NO $2,000 Prevention Operational
Coordination
Goal 4:
Strengthen Communicatio
ns Capabilities Through
YES No 1 Other Authorized
Equipment
N/A
N/A
N/A
NO NO $3,120 Prevention Operational
Coordination
Goal 4:
Strengthen Communicatio
ns Capabilities Through
SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT
FY 2020 EMPG PROPOSED EQUIPMENT PROJECT
OFFICE OF EMERGENCY SERVICES
Equipment Description No.Installation Required QTY EHP FBI Project Cost
Solution Area Sub-Category
Sole Source Project Milestones AEL Title NPG Core CapabilitiesNPG Mission Area
Cal OES FY20 Strategy Goals and Number
SafecomGuidance Portable or Handheld
CERT Trailer repair Maint. and Sustain > Repair and Replacement Costs
EOC ProjectAEL #
EOC Laptop computer 04HW-01-INHW
Computer Software (Microsoft Office)
EOC Wireless Portable Printer
EOC Dell wireless mouse and Keyboard
EOC computer back pack
EOC Satellite Phones (2)
EOC Hootsuite Software (Team for two
years)
EOC Portable Generator
FY2019 EMPG
D.5.b
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Equipment Description No.Installation Required QTY EHP FBI Project Cost
Solution Area Sub-Category
Sole Source Project Milestones AEL Title NPG Core CapabilitiesNPG Mission Area
Cal OES FY20 Strategy Goals and Number
SafecomGuidance Portable or Handheld EOC ProjectAEL #
yes n/a
20
Other Authorized
Equipment
N/A N/A
N/A
NO NO $1,580 Response Operational Coordination Goal 4: Strengthen
Communications Capabilities
Through Planning, Governance, Technology, and Equipment
At the 6 month mark, this project will be _____ % complete and $ ________ funds will be expended.At the 12 month mark, this project will be _____ % complete and $ _________ funds will be expended. At the 18 month mark, this project will be ____% complete and $_________ funds will be expended. At the 24 month mark, this project will be _____% complete and $_________ funds will be expended.
yes n/a 20 Other
Authorized E i t
N/A N/A N/A NO NO $1,500 Response Operational
Coordination
yes
NO 10 Other Authorized
Equipment
N/A N/A N/A NO NO $100 Response Response
yes
NO 20 Other Authorized Equipment
N/A N/A N/A NO NO $30 Response Response
yes NO 20
Other
Authorized Equipment
N/A N/A N/A NO NO $100 Response Response
yes NO Other Authorized Equipment
N/A N/A N/A NO NO $150 Response Response
yes
NO 10 Other Authorized
Equipment
N/A N/A N/A NO NO $150 Response Response
yes NO Other Authorized
N/A N/A N/A NO NO $200 Response Response
yes NO 20 Other Authorized
N/A N/A N/A NO NO $40 Response Response
yes NO 15 Other Authorized
N/A N/A N/A NO NO $52 Response Response
yes NO Other Authorized
N/A N/A N/A NO NO $100 Response Response
yes NO 10 Other Authorized
N/A N/A N/A NO NO $20 Response Response
yes NO Other Authorized
N/A N/A N/A NO NO $50 Response Response
yes NO 5
Other
Authorized Equipment
N/A N/A
N/A
NO NO $75 Response Response
yes NO 1
Other
Authorized Equipment
N/A N/A N/A NO NO $50 Response Response
yes NO 2 Other Authorized Equipment
N/A N/A N/A NO NO $100 Response Response
yes
NO 1 Other Authorized
Equipment
N/A N/A N/A NO NO $119 Response Response
yes
NO Other Authorized
Equipment
N/A N/A N/A NO NO $100 Response Response
yes NO 1
Other
Authorized Equipment
N/A N/A
N/A
NO NO $75 Response Response
yes NO 2
Other
Authorized Equipment
N/A N/A N/A NO NO $46 Response Response
yes NO 10 Other Authorized Equipment
N/A N/A N/A NO NO $250 Response Response
yes
NO 30 Other Authorized
Equipment
N/A N/A N/A NO NO $87 Response Response
yes
NO 20
Other Authorized
Equipment
N/A N/A
N/A
NO NO $60 Response Response
Ear Pllug, foam (2 boxes)
01ZA-04-HEAR
Batteries 10BC-00-BATT
Outdoor Extension Cord 100ft
21GN-00-CCEQ
All weather Field Operating Guides 11RE-00-RFEX or 11RE-00-RFNC
CERT Logo Patches 21GN-00-CCEQ
Eye shield and Face Mask 01ZA-03-EYEP / 01EM-01-EFPS(M) and
01AR-06-DISP/ 01EM-01-MASK
Go Anywhere Toilet Kits (50 pack) 21GN-00-CCEQ
dehydrated foods 19FD-01-IRAT
Crescent Wrench Adjustable 21GN-00-CCEQ
goggles 01UT-01-EYEP
N95 Face Mask
01EM-01-MASK
nitrate gloves 01EM-03-GLME
water purification tablets (10 packs)21GN-00-CCEQ
utility knifes 21GN-00-CCEQ
heavy-duty work gloves 01UT-01-GLOVemergency water 19FD-01-IRAT
duct tape and masking tape 21GN-00-CCEQ
scissors, note pads, markers, pens 21GN-00-CCEQ
gas and water shut off tool
21GN-00-CCEQ
Emergency Rolling Backpacks 19GN-00-BGPK
Midland Emergency Weather NOAA
Radio 06CP-01-PORT
Batteries for the two way hand held
emergency radios10BC-00-BATT
Two way hand held emergency radios and batteries
06CP-01-PORT
FY2019 EMPG
D.5.b
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Equipment Description No.Installation Required QTY EHP FBI Project Cost
Solution Area Sub-Category
Sole Source Project Milestones AEL Title NPG Core CapabilitiesNPG Mission Area
Cal OES FY20 Strategy Goals and Number
SafecomGuidance Portable or Handheld EOC ProjectAEL #
yes
NO 4 Other Authorized
Equipment
N/A N/A N/A NO NO $40 Response Response
yes
NO 4 Other Authorized Equipment
N/A N/A N/A NO NO $32 Response Response
yes NO 2
Other
Authorized Equipment
N/A N/A
N/A
NO NO $140 Response Response
yes NO 1
Other
Authorized Equipment
N/A N/A N/A NO NO $250 Response Response
YES NO 3 Other Authorized Equipment
N/A N/A N/A NO NO $300 Response Response
Total $22,368
Wristband military triage tags 21GN-00-CCEQ
Triage Marking Tapes adhesive (color set) 21GN-00-CCEQ
Triage tarp set
21GN-00-CCEQ
CERT team printed triage flagging tape kit, non adhesive
21GN-00-CCEQTriage tags
21GN-00-CCEQ
FY2019 EMPG
D.5.b
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D.5.b
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D.5.b
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D.5.b
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D.5.b
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D.5.b
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D.5.b
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D.5.b
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D.5.b
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D.5.b
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D.5.b
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D.5.b
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D.5.b
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CITY OF GRAND TERRACE, CALIFORNIA
FOR THE FISCAL YEAR ENDED JUNE 30, 2019 ANNUAL FINANCIAL REPORT
D.5.b
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D.5.b
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CITY OF GRAND TERRACE, CALIFORNIA ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2019
D.5.b
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D.5.b
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CITY OF GRAND TERRACE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2019 TABLE OF CONTENTS Page Number INDEPENDENT AUDITORS’ REPORT .............................................................................................. 1 MANAGEMENT'S DISCUSSION AND ANALYSIS ............................................................................ 5 BASIC FINANCIAL STATEMENTS Government-Wide Financial Statements: Statement of Net Position .................................................................................................... 19 Statement of Activities .......................................................................................................... 20
Fund Financial Statements: Balance Sheet - Governmental Funds ................................................................................. 22
Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Position .......................................................................................... 23
Statement of Revenues, Expenditures and Changes in Fund Balances - Governmental Funds ......................................................................................... 24
Reconciliation of the Statement of Revenues, Expenditures and
Changes in Fund Balances of Governmental Funds to the Statement of Activities .......................................................................................................... 25 Statement of Net Position - Proprietary Funds .................................................................... 26
Statement of Revenues, Expenses and Changes in Fund
Net Position - Proprietary Funds .......................................................................................... 27
Statement of Cash Flows - Proprietary Funds ..................................................................... 28
Statement of Fiduciary Net Position - Fiduciary Funds ........................................................ 29
Statement of Changes in Fiduciary Net Position - Fiduciary Funds .................................... 30
Notes to Financial Statements ............................................................................................. 31
REQUIRED SUPPLEMENTARY INFORMATION
Pension Plan: Schedule of Proportionate Share of the Net Pension Liability — Miscellaneous Cost-Sharing Plan ........................................................................................ 64
Schedule of Plan Contributions — Miscellaneous Cost-Sharing Plan .................................... 65
OPEB Plan: Schedule of Changes in Net OPEB Liability and Related Ratios ............................................ 66
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CITY OF GRAND TERRACE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2019 TABLE OF CONTENTS Page Number Budgetary Comparison Information: General Fund ....................................................................................................................... 67 Street Improvement Fund .................................................................................................... 68 Housing Authority ................................................................................................................. 69 Notes to Required Supplementary Information .......................................................................... 71 COMBINING AND INDIVIDUAL FUND STATEMENTS AND SCHEDULES Combining Balance Sheet - Nonmajor Governmental Funds .................................................... 72 Combining Statement of Revenues, Expenditures and
Changes in Fund Balances - Nonmajor Governmental Funds ................................................... 80
Budgetary Comparison Information – Special Revenue Funds: Child Care Center ................................................................................................................ 87 Storm Drain Improvement .................................................................................................... 88 Park Development ................................................................................................................ 89
AB 3229 COPS .................................................................................................................... 90 Air Quality Improvement ....................................................................................................... 91
State Gas Tax ...................................................................................................................... 92 Traffic Safety ........................................................................................................................ 93
Facilities Development ......................................................................................................... 94 Measure I ............................................................................................................................. 95 CDBG ................................................................................................................................... 96 Special Districts Landscape and Lighting District ................................................................ 97
Spring Mountain Ranch ........................................................................................................ 98 Cal Recycle Grant ................................................................................................................ 99
Senior Bus Program ........................................................................................................... 100 Public, Educational & Government Access........................................................................ 101
Active Transportation Program .......................................................................................... 102 Highway Safety Improvement Program ............................................................................. 103
Budgetary Comparison Information – Capital Project Funds:
Capital Improvement - Streets ........................................................................................... 104 Barton/Colton Bridge .......................................................................................................... 105
Capital Projects .................................................................................................................. 106 Capital Projects - Parks ...................................................................................................... 107
Capital Improvement – Commerce Way Project ................................................................ 108
Combining Statement of Assets and Liabilities All Agency Funds ............................................................................................................... 109 Combining Statement of Changes in
Assets and Liabilities – All Agency Funds ......................................................................... 110
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INDEPENDENT AUDITORS’ REPORT To the Honorable Mayor and Members of the City Council City of Grand Terrace, California Report on the Financial Statements
We have audited the accompanying financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Grand Terrace, California, (the City) as of and for the year ended June 30, 2019, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements as listed in the table of contents.
Management’s Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.
Auditor’s Responsibility Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the
Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions.
203 N. Brea Blvd., Suite 203 Brea, CA 92821 Lance, Soll & Lunghard, LLP Phone: 714.672.0022
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To the Honorable Mayor and Members of the City Council City of Grand Terrace, California
Opinions In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Grand Terrace, California, as of June 30, 2019, and the respective changes in financial position and, where applicable, cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America.
Other Matters
Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management’s discussion and analysis, the budgetary comparison schedules for the General Fund, Street Improvement Fund and the Housing Authority Fund, the schedule of proportionate share of the net pension liability and the schedule of plan contributions for the miscellaneous cost-sharing plan, and the schedule of changes in Total OPEB liability and related ratios be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance.
Other Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City’s basic financial statements. The combining and individual nonmajor fund financial statements and schedules are presented for purposes of additional analysis and are not a required part of the basic financial statements. The combining and individual nonmajor fund financial statements and schedules are the responsibility of management and were derived from and relate directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the combining and individual nonmajor fund financial statements and schedules are fairly stated, in all material respects in relation to the basic financial statements as a whole.
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To the Honorable Mayor and Members of the City Council City of Grand Terrace, California Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated June 1, 2020 on our consideration of the City’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City’s internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering
the City’s internal control over financial reporting and compliance.
Brea, California June 1, 2020
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Management's Discussion and Analysis
The following discussion and analysis of the financial performance of the City of Grand Terrace provides an overview of the City's financial activities for the fiscal year ended June 30, 2019. The information presented herein should be considered in conjunction with the City’s financial
statements identified in the accompanying table of contents. Financial Highlights
The assets of the City of Grand Terrace exceeded its liabilities at June 30, 2019 by $20.4 million (net position).
The City’s net position increased by $0.1 million from the previous fiscal year from $20.3 million to $20.4 million.
As of June 30, 2019, the City of Grand Terrace’s governmental funds had reported combined ending fund balances of $8.8 million, an increase of $0.8 million from the previous fiscal year. Of this total, approximately $6.7 million, or 76.0% of the total fund balance, are either non-spendable or restricted due to the nature of the restriction.
The total debt of the City showed a net increase of about $14,500 mainly due to the increase in compensated absences. During FY 2018-19, while the OPEB obligation
increased by about $0.2 million, the City’s Net Pension Liability decreased by about $ 0.2 million as well.
The General Fund had a year-end fund balance of $3.3 million at June 30, 2019. This was a decrease of $0.1 million and a decrease of 2.3% over FY 2017-18. Using the Accompanying Financial Statements Included in the accompanying report are fund financial statements. For governmental activities, the fund financial statements explain how these services were financed in the short term as well as what remains for future spending. Fund financial statements also report the City's operations in more detail than the government-wide statements by providing information about the City's most significant funds.
Overview of the Financial Statements The annual report consists of four parts - management's discussion and analysis (this section),
the basic financial statements, required supplementary information and an optional section that presents combining statements for nonmajor governmental funds. The basic financial statements include two kinds of statements that present different views of the City:
The first two statements are government-wide financial statements that provide both long-term and short-term information about the City's overall financial status.
The remaining statements are fund financial statements that focus on individual parts of the City government, reporting the City's operations in more detail than the government-wide statements.
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Overview of the Financial Statements (Continued)
The governmental funds statements explain how general government services like public safety were financed in the short term as well as what remains for future spending.
Proprietary funds statements offer short and long-term financial information about the activities the government operates like a business.
Fiduciary fund statements provide information about the fiduciary relationships - like the agency funds of the City - in which the City acts solely as agent or trustee for the benefit
of others, to whom the resources in question belong. The financial statements also include notes that provide additional explanatory information regarding the financial statements, as well as more detailed data. The statements are followed by a section of required supplementary spreadsheets that provide additional financial and budgetary information. Reporting the City as a Whole
The accompanying government-wide financial statements include two statements that present financial data for the City as a whole. The Statement of Net Position and the Statement of
Activities report information about the City as a whole and about its activities. The statement of net position includes all of the City’s assets and liabilities, as well as any deferred outflows and inflows. The statement of activities includes all current year revenues and expenses regardless
of when cash is received. These statements include all assets and liabilities using the accrual basis of accounting, which is similar to the accounting used by most private-sector companies.
These two statements report the City's net position and changes in net position that transpired during the fiscal year. The City's net position - the difference between assets and liabilities is one way to measure the City's financial health, or financial position. Over time, increases and decreases in the City's net position are one indicator of whether its financial health is improving or deteriorating. Other nonfinancial factors, however, should also be considered such as changes in the City's property tax or sales tax base and the condition of the City's roads, to assess the overall health of the City.
The Statement of Net Position and the Statement of Activities are divided into two types of activities:
Governmental activities - Most of the City's basic services such as public safety, public works, community development, and general government are reported here. Sales taxes, property taxes, state subventions, and other revenues finance most of these
activities.
Business-type activity - The Waste Water Disposal Fund accounts for the remaining
assets and liabilities of the fund that used to account for the provision of waste water disposal services to the residents and businesses within the City of Grand Terrace. The City of Colton/ Colton Utility Authority now provide wastewater disposal services for the City’s residents and businesses.
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Reporting the City's Most Significant Funds
The fund financial statements provide detailed information about the City's most significant funds - not the City as a whole. Some funds are required to be established by State law or by bond covenants. However, the City establishes many other funds to help it control and manage
financial resources for particular purposes or to demonstrate that it is meeting oversight responsibilities for using certain taxes, grants, or other money. The City's two types of funds - governmental and proprietary - use different accounting approaches.
Governmental funds - Most of the City's basic services are reported in governmental funds, which focus on how money flows into and out of those funds and the balances
remaining at year end that are available for spending. These funds are reported using the modified accrual accounting method, which measures cash and all other current financial assets that can readily be converted to cash. The governmental fund statements provide a detailed short-term view of the City's general government operations and the basic services it provides. Governmental fund information helps to determine whether there are greater or fewer financial resources that can be spent in the near future to finance the City's programs. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund
balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities.
Proprietary funds - When the City charges customers for the services it provides, these services are generally reported in proprietary funds. Proprietary funds are reported in the same way that all activities are reported in the Statement of Net Position and the
Statement of Activities. In fact, the City's enterprise fund is the same as the business-type activities reported in the government-wide statements, but provides more detail and additional information, such as cash flows, for the proprietary fund. The City does not
use internal service funds (the other component of proprietary funds) to report activities that provide supplies and services for the City's other programs and activities. Reporting the City's Fiduciary Responsibilities The City is an agent for certain assets held for, and under the control of, other organizations and individuals. These activities are excluded from the City's other financial statements because the City cannot use these assets to finance its operations. The City is responsible for ensuring that
the assets reported in these funds are used for their intended purposes. Government-Wide Financial Statements
As noted earlier, net position may serve over time as a useful indicator of a government's financial position. At June 30, 2019, net position for the City of Grand Terrace was $20,368,321;
compared to net position of $20,291,188 at June 30, 2018.
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Government-Wide Financial Statements (Continued)
A summary of the government-wide Statement of Net Position at June 30, 2019 and June 30, 2018 are as follows: Table 1 Net Position
2019 2018 2019 2018 2019 2018
Current and other assets 10,408,597$ 9,733,343$ 1,559,460$ 1,453,024$ 11,968,057$ 11,186,367$
Capital assets, net 11,190,542 11,923,357 4,619,698 4,708,268 15,810,240 16,631,625
Total assets 21,599,139 21,656,700 6,179,158 6,161,292 27,778,297 27,817,992
Deferred Outflows for Pension & OPEB 1,035,466 1,244,591 - - 1,035,466 1,244,591
Other liabilities 1,450,313 1,473,214 6,875 6,875 1,457,188 1,480,089
Long-term liabilities 6,410,675 6,396,228 - - 6,410,675 6,396,228
Total liabilities 7,860,988 7,869,442 6,875 6,875 7,867,863 7,876,317
Deferred inflows for Pension & OPEB 577,579 895,078 - - 577,579 895,078
Invested in capital assets, net of debt 11,190,542 11,923,357 4,619,698 4,708,268 15,810,240 16,631,625 Restricted 6,674,424 7,299,178 - - 6,674,424 7,299,178 Unrestricted (3,668,928) (5,085,764) 1,552,585 1,446,149 (2,116,343) (3,639,615)
Total net assets 14,196,038$ 14,136,771$ 6,172,283$ 6,154,417$ 20,368,321$ 20,291,188$
Governmental Activities Business-type Activities Total
$15,810,240 (78%) of the net position reflects the City's investment in capital assets, less any related debt used to acquire those assets that are still outstanding. Since these assets are used
to provide services to the citizens, they are not available for future spending. An additional $6,674,424 (33%) represents resources that are subject to external restrictions on how they may be used. The unrestricted net position resulted in a negative amount of $2,116,243 (-11%).
The City’s net position remained at almost the same amount from $20,291,188 in FY 2017-18 to $20,368,321 during FY 2018-19.
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Government-Wide Financial Statements (Continued)
A summary of the government-wide Statement of Activities for the year ended June 30, 2019 and 2018 are as follows: Table 2 Changes in Net Position
2019 2018 2019 2018 2019 2018
Revenues and transfers
Program revenues:
Charges for services 1,307,816$ 904,402$ -$ -$ 1,307,816$ 904,402$
Operating contributions -
and grants 470,311 3,380,359 - - 470,311 3,380,359
Capital contributions -
and grants 625,655 380,029 30,000 - 655,655 380,029
General revenues:-
Property tax 3,342,641 2,943,736 - - 3,342,641 2,943,736
Sales tax 831,321 728,893 - - 831,321 728,893
Motor vehicle in lieu 6,012 6,546 - - 6,012 6,546
Other taxes 552,401 533,383 - - 552,401 533,383
Use of money & property 1,055,201 436,299 42,759 17,944 1,097,960 454,243
Other revenues 64,489 22,055 - - 64,489 22,055
Total revenues 8,255,847 9,335,702 72,759 17,944 8,328,606 9,353,646
Expenses
General government 1,693,881 1,100,629 - - 1,693,881 1,100,629
Public safety 2,302,235 2,152,184 - - 2,302,235 2,152,184
Public works 2,844,983 2,191,913 - - 2,844,983 2,191,913
Economic development 14,688 11,472 - - 14,688 11,472
Cultural and recreation 1,293,997 1,373,318 - - 1,293,997 1,373,318
Interest on long-term
debt - 5,140 - - - 5,140
Waste water disposal - - 88,570 88,570 88,570 88,570
Total Expenses 8,149,784 6,834,656 88,570 88,570 8,238,354 6,923,226
Change in net position 106,063 2,501,046 (15,811) (70,626) 90,252 2,430,420
Beginning net position 14,136,771 11,311,672 6,154,417 6,225,043 20,291,188 17,536,715
Restatement of Net Position (46,796) 324,053 33,677 - (13,119) 324,053
Ending net position 14,196,038$ 14,136,771$ 6,172,283$ 6,154,417$ 20,368,321$ 20,291,188$
Governmental Activities Business-type Activities Total
The increase or decrease in net position can provide an indication as to whether the overall financial position of the City improved or worsened during the year. The total net position of the
City at June 30, 2019 stayed at almost the same level as the net position of the City at the end of FY 2017- 2018, increasing only by $77,133 or 0.4%. Taken separately, the net position of governmental activities increased by $59,267, while the net position of business-type activities decreased by $17,866. Total expenses of $8,238,354 were offset by total revenues of $8,328,606. In the Statement of Activities, expenditures do not include the cost of assets capitalized during the year or payments made on principal of outstanding debt. Depreciation is
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Government-Wide Financial Statements (Continued)
shown for governmental funds on this table, but the expense is not recorded in each individual fund.
After the deduction of capitalized assets, the next largest component in changes to net position is the actual increase or decrease in fund balances resulting from operations. For governmental funds there was a net increase of $ 785,979. Of this amount, a net increase of $ 652,810 is
attributable to the nonmajor funds, a net increase of $173,973 to the Housing Authority, a net increase of $ 66,398 to the Street Improvement Fund, with the difference being a net decrease to the General Fund of $107,202.
Governmental Activities The following table shows the cost of each of the City’s major programs and their net cost after subtracting fees and other direct revenue generated by the activities. The net cost reflects the financial burden that was placed on the City taxpayers by each of the programs. Net Cost of Governmental Activities
Total Cost of
Services
Net Cost of
Services
Total Cost of
Services
Net Cost of
Services
General government 1,693,881$ 1,353,609$ 1,100,629$ 741,296$
Public safety 2,302,235 2,049,437 2,152,184 1,930,002
Public works 2,844,983 1,147,878 2,191,913 (1,791,829)
Economic development 14,688 5,333 11,472 (16,139)
Cultural and recreation 1,293,997 1,189,745 1,373,318 1,301,396
Interest on long-term debt - - 5,140 5,140
Total 8,149,784$ 5,746,002$ 6,834,656$ 2,169,866$
2019 2018
This table shows the cost of all governmental activities this year was $ 8,149,784. General tax dollars paid for approximately 58 percent of this cost. Fees, grants and contributions and fund balances at the beginning of the fiscal year funded the balance of the cost of governmental activities.
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Revenues by Source - Governmental Activities $8,255,847
Expenses by Function - Governmental Activities - $8,149,784
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Business-Type Activity
In March 2014, the cities of Grand Terrace and Colton entered into sewer services and lease agreements for fifty (50) years. These agreements extricated Grand Terrace from the wastewater collection business. In accordance with the Sewer Services Agreement with the
City of Colton/ Colton Utility Authority, the provision of sewer services for the City’s residents and businesses are no longer being directly provided by the City of Grand Terrace. Hence, the City of Grand Terrace no longer receives sewer services revenues from the City’s residents and
businesses. Likewise, sewer- services related expenditures are also no longer being incurred and recorded in the City’s Waste Water Disposal Fund. The following were the only financial- related activities recorded in the City’s Waste Water Disposal Fund during FY 2018-19
• Annual depreciation amounting to $88,570 of all wastewater sewer capital assets which
are still owned by the City;
• Capital contributions amounting to $30,000; and
• Interest income of $42,759 earned by the remaining cash in the Waste Water Disposal Fund.
Expenses and Program Revenues – Business-type Activities
Major Funds As noted earlier, the City uses fund accounting to provide proper financial management of the
City's resources and to demonstrate compliance with finance-related legal requirements. Major Governmental Funds:
The General Fund is the main operating fund of the City. At the end of FY 2018-19, the fund balance of the General Fund decreased by $140,879 from a fund balance of $3,369,153 at
June 30, 2018 to $ 3,228,274 at June 30, 2019. Total fund balance in all Governmental Funds was $8,827,757.
0
300,000
600,000
900,000
1,200,000
1,500,000
1,800,000
Waste Water Treatment
Operating Expenses
Operating Revenues
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Major Governmental Funds (Continued)
The General Fund Revenues and Expenditures are shown below:
Increase
(Decrease) in
2018-2019 2017-2018 Fund Balance
Revenues 5,866,335$ 8,162,060$ (2,295,725)$
Expenditures (5,855,533) (5,593,196) (262,337)
Other Sources (Uses) (118,004) (117,431) (573)
Net Change in Fund Balance (107,202) 2,451,433 (2,558,635)
Beginning Fund Balance 3,369,153 917,720 2,451,433
Restatements (33,677) - (33,677)
Ending Fund Balance 3,228,274$ 3,369,153$ (140,879)$
The significant highlights in activities, revenues and expenditures of the City's General Fund from the prior year are as follows:
General Fund expenditures and transfers out exceeded revenues and transfers in by $107,202. Total General Fund revenues decreased by $ 2,295,725 or 28.1 percent from
FY 2017-18. This decrease in revenues is mainly due to the one-time FY2017-18 receipt of the excess 15% 2011 bond proceeds in the amount of $2.8 million by the General Fund from the Successor Agency to the Grand Terrace Community
Redevelopment Agency, which did not occur again in FY 2018-19. This $2.8 million decrease, along with the increase of $0.4 million in property taxes and the increase of $0.1 million in sales taxes received during FY 2018-19 over the previous fiscal year
resulted in the net decrease of $ 2.3 million in General Fund revenues.
• Property taxes received increased by 13.6 percent from $2,924,532 to $3,323,177, a difference of about $398,645. This increase in property tax is mainly attributable to the increase in RPTTF Residual Receipts by $241,500. During the fiscal year, the increase
in Property tax-VLF Swap and Excess proceeds redistribution provided the remaining additional increase to this category.
• Gross Sales tax increased by $102,428 or 14.1 percent from $728,893 to $831,321 compared to the previous fiscal year.
• Charges for service, including licenses and permits in FY 2018-19 decreased by
2.1 percent from $1,107,908 to $ 1,085,008. The following revenues belonging to these categories decreased during the FY 2018-19 as compared to FY 2017-18 – Miscellaneous planning fees, Engineering plan review, Public Works permit,
Professional services – other and Rental inspection fees. The following revenues however, increased during FY 2018-19 compared to the previous fiscal year – Construction permits, Building & safety plan review and Site & architectural review.
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Major Governmental Funds (Continued)
• Fines and forfeitures received during FY 2018-19 decreased by $7,381 or 7.1 percent from $103,674 during FY 2017-18 to $96,293 during FY 2018-19. The decrease in this category resulted from decreased collections of the following General Fund revenues: parking citations, which decreased by $17,079, and sweep day citations, which decreased by $4,986. The decrease in these revenues were mainly offset by the
increase in the following revenues: dog licenses, which increased by $8,525 and code enforcement fines, which increased by $4,087.
• The overall operating expenditures of the General Fund increased by 4.1 percent over the prior year - from $5.6 million to $5.9 million. The negative variance of about
$0.2 million between FY 2017-18 and FY 2018-19 was mainly due to the following: the increase in the general government category by $ 284,438.
• The public safety category and the cultural & recreation category also both showed an increase in expenditures by $75,215 and $96,554 respectively. The following categories
had decreased expenditures during FY 2018-19 compared to the previous fiscal year: public works ($133,899), capital outlay ($84,946), interest and fiscal charges ($5,140) and transfers out ($47,048).
• Of the total $5,855,533 in General Fund operating expenditures, total general
government expenditures represented 24.8 percent, public works expenditures represented 22.8 percent, public safety expenditures represented 36.1 percent, cultural & recreation represented 12.8 percent and capital outlay represented 3.5 percent.
Other major governmental funds include the Street Improvement Fund and the Housing Authority Fund.
The Street Improvement Fund had a positive net change of $66,398 during the fiscal year.
The fund balance of the Housing Authority Fund increased by $173,973 during FY 2018-19. This fund accounts for the housing assets as a result of the dissolution of community redevelopment agency of the City. Nonmajor Funds
The Nonmajor funds, as listed in the table of contents of this report, include Gas Tax, Measure I, the Capital Improvement Funds, and most of the special revenue funds. Fiduciary Funds Fiduciary funds are used to account for resources held for the benefit of parties outside the City. In these cases, the City has a fiduciary responsibility and is acting as trustee. The Statement of
Fiduciary Net Position included in the Basic Financial Statements, separately reports all of the City’s fiduciary activities. The City’s fiduciary activities are reported in separate statements of fiduciary net position and statement of changes in fiduciary net position (Private Purpose Trust
Fund- Successor Agency of the Former RDA only). Fiduciary funds are not reflected in the government- wide financial statements because the resources of those funds are not available to support the City’s own programs. However, the City is responsible for ensuring that the
assets reported in these funds are used for their intended purposes.
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Capital Assets
As of June 30, 2019, the City had invested $15,810,240 in a broad range of capital assets, including buildings, parks and park improvements, computer and maintenance equipment, vehicles, sewer collection systems, streets, sidewalks and storm drains. The City is exempt by
provisions of Governmental Accounting Standards Board (GASB) Statement No. 34 from including the valuation of old City infrastructure prior to the implementation of GASB Statement No. 34.
Capital Assets (Net of depreciation)
2019 2018 2019 2018 2019 2018
Land 3,112,881$ 3,262,881$ -$ -$ 3,112,881$ 3,262,881$
Buildings 2,291,015 2,746,722 - - 2,291,015 2,746,722
Improvements 2,731,197 2,912,654 88,498 96,926 2,819,695 3,009,580
Equipment 282,929 258,073 - - 282,929 258,073
Vehicles 102,982 83,431 - - 102,982 83,431
Infrastructure 1,899,421 2,131,136 - - 1,899,421 2,131,136
Sewer mains - - 2,462,173 2,506,874 2,462,173 2,506,874
Sewer laterals - - 1,244,801 1,265,811 1,244,801 1,265,811
Sewer manholes - - 824,226 838,657 824,226 838,657 Construction in
progress 770,117 528,460 - - 770,117 528,460
11,190,542$ 11,923,357$ 4,619,698$ 4,708,268$ 15,810,240$ 16,631,625$
Governmental Activities Business-type activities Total
Long-Term Debt At the end FY 2018-19, the City had debt outstanding of $6,410,675. The City’s net pension liability decreased by $172,833 from $5,064,768 in the prior fiscal year to $4,891,935 at the end of June 30, 2019. The City’s other post- employment benefits (OPEB) obligations increased by $178,908 from $1,165,731 at the end of FY 2017-18 to $1,344,639 at the end of FY 2018-19. The City’s liability for compensated absences increased by $8,372 compared to the prior fiscal year from $165,729 to $174,101 at the end of June 30, 2019.
Additional information on the City’s long-term debt can be found in the notes to the accompanying financial statements.
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Long-Term Debt (Continued) Outstanding Debt Governmental Activities
2019 2018
Increase
(Decrease)
Total OPEB Obligation 1,344,639$ 1,165,731$ 178,908$
Net Pension Liability 4,891,935 5,064,768 (172,833)
Compensated Absences 174,101 165,729 8,372
Total Outstanding Debt 6,410,675$ 6,396,228$ 14,447$
Economic Factors and Outlook for Future Years The City of Grand Terrace fiscal position in 2019-20 is sustainable (revenue exceeds
expenses and city maintains funds in a reserve account that is the equivalent of two months
of expenses), allowing the city to post its sixth consecutive year of economic growth based on
fiscal responsibility, development of needed infrastructure, adequate public safety and a
diligent strategy for economic independence.
The $105,000,000 interchange project, which started construction in 2017 is scheduled for
completion in early 2020. The project leads to the heart of the city, creating a magnificent
entrance to the City and its current and future commercial corridor. The completed
interchange was designed to increase circulation by 30%, allowing over 40,000 cars per day
to easily access Barton Rd. The increased circulation capacity enhances the City’s appeal to
retailers as a vibrant commercial corridor between the two main metropolises of Riverside
and San Bernardino.
The completion of the Barton Rd Interchange is integral to the City of Grand Terrace’s
Economic strategy. The economic prosperity of the City is linked directly to infrastructure.
The interchange project leads to the heart of our economy with over 50% of all sales taxes
generated in the City, coming from business on or adjacent to Barton Rd adjacent to the
interchange. It is estimated that build out of businesses on Barton Rd within the next
five years will lead to doubling of sales tax that is currently generated. Yet, during this same
period, the completion of the interchange project will solidify the submittal of the 132-acre
Gateway Specific Plan project, which is a mixed-use master plan project adjacent to the
freeway with the ability to deliver a minimum of over $800,000 in property taxes to the City.
While the City’s core revenue sources are steady, the City will receive an additional boost in
property tax because of private transactions, leading to increase tax rolls. In addition, the City
defeased its Redevelopment Bonds, leading to an increase in residual property taxes of
approximately $500,000 annually starting in 2020-21. The property tax increases from
defeasement above and the modest annual growth in property taxes allows the City to
reasonably address the increases of core service contracts, which eliminates the City’s ability
to increase levels of service.
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Economic Factors and Outlook for Future Years (Continued)
The City continues to see additional revenues materialize for Restricted/Special Purpose
Funds allocated to it, after approval of the City’s Last and Final ROPS. The City will use
these funds to continue to advance its long- term economic strategy with funds earmarked
infrastructure, economic development and elimination of blight. A significant amount of the
funds will be used for infrastructure and economic development. SB-1 (Road Repair & Rehab
Program) will allow the City to accelerate the repair of the City’s aging road infrastructure. The
City has a successful track record of leveraging small amounts of general fund proceeds to
go after grant programs to help build infrastructure. As the Interchange project comes to a
close, the $300,000 Mount Vernon Avenue safety improvement program will enhance
intersections for 5 major intersections in the City, four of which lead to the majority of our
residential developments. We believe the improvements to these intersections will contribute
to the growth and increase of property values.
The City continues to push its $500,000,000 marketing strategy, the MIDAS (Municipal
Investment in Development to Achieve Success) program which consist of various public and
private economic development partnerships within the City of Grand Terrace. We are
anticipating the opening of Grocery Outlet Market in the former Stater Bros complex, which
was vacant for over a decade. This project was featured in our MIDAS program will be the
only way the City will be able to generate a significant boost in sales tax and property tax
revenue to offer enhanced services to residents.
Finally, to balance out the City’s goal of economic growth for our entire community, staff is
anticipating a major role for the City’s Housing Successor Agency in the coming years, as the
City moves to promote economic development and housing for all. The Housing Successor
Agency has over $1,000,000 in cash, in addition to assets, which will allow it to carry out the
agency’s policies.
The City’s Five-Year Financial Analysis is sustainable, as long as:
¾ Revenue increases outpace annual increases of expenses
¾ No new programs are implemented without a new source of revenue
¾ Projects for Barton Road retail space materializes
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CITY OF GRAND TERRACE
STATEMENT OF NET POSITION
Governmental Business-TypeActivities Activities TotalAssets:Cash and investments 8,916,430$ 620,688$ 9,537,118$ Receivables:Accounts 156,376 -156,376
Notes and loans 778,843 -778,843
Accrued interest 17,956 -17,956
Internal balances (938,772) 938,772 -
Prepaid costs 19,611 -19,611
Due from other governments 793,153 -793,153
Land held for resale 665,000 -665,000Capital assets not being depreciated 3,882,998 - 3,882,998Capital assets, net of depreciation 7,307,544 4,619,698 11,927,242
Total Assets 21,599,139 6,179,158 27,778,297
Deferred Outflows of Resources:Deferred pension related items 983,832 -983,832
Deferred OPEB related items 51,634 -51,634
Total Deferred Outflows of Resources 1,035,466 - 1,035,466
Liabilities:
Accounts payable 396,019 -396,019Accrued liabilities 82,298 - 82,298Deposits payable 25,559 6,875 32,434Due to other governments 946,437 -946,437Noncurrent liabilities:Due within one year
Compensated absences 40,376 -40,376Due in more than one yearCompensated absences 133,725 -133,725Total OPEB liability 1,344,639 - 1,344,639Net pension liability 4,891,935 - 4,891,935
Total Liabilities 7,860,988 6,875 7,867,863
Deferred Inflows of Resources:
Deferred pension related items 548,092 -548,092
Deferred OPEB related items 29,487 -29,487
Total Deferred Inflows
of Resources 577,579 -577,579
Net Position:Invested in capital assets 11,190,542 4,619,698 15,810,240Restricted for: Community development projects 3,284,050 - 3,284,050 Public safety 25,741 -25,741 Public works 3,121,513 - 3,121,513 Child care 243,120 -243,120
Unrestricted (3,668,928) 1,552,585 (2,116,343)
Total Net Position 14,196,038$ 6,172,283$ 20,368,321$
JUNE 30, 2019
Primary Government
See Notes to Financial Statements 19
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CITY OF GRAND TERRACE
STATEMENT OF ACTIVITIES
YEAR ENDED JUNE 30, 2019
Operating CapitalCharges for Contributions ContributionsExpenses Services and Grants and Grants
Functions/ProgramsPrimary Government:
Governmental Activities:General government 1,693,881$ 209,489$ 130,783$ -$ Public safety 2,302,235 103,644 149,154 - Economic development 14,688 - 9,355 - Cultural and recreation 1,293,997 104,252 - - Public works 2,844,983 890,431 181,019 625,655
Total Governmental Activities 8,149,784 1,307,816 470,311 625,655
Business-Type Activities:Waste Water Disposal 88,570 - - 30,000
Total Business-Type Activities 88,570 - - 30,000
Total Primary Government 8,238,354$ 1,307,816$ 470,311$ 655,655$
General Revenues:Taxes: Property taxes, levied for general purpose Sales taxes Franchise taxes Business licenses taxes
Motor vehicle in lieu - unrestricted
Use of money and property
OtherGain on sale of capital asset
Total General Revenues
Change in Net Position
Net Position at Beginning of Year
Restatement of Net Position
Net Position at Beginning of Year, as Restated
Net Position at End of Year
Program Revenues
See Notes to Financial Statements 20
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Primary Government
Governmental Business-TypeActivities Activities Total
(1,353,609)$ -$ (1,353,609)$ (2,049,437) - (2,049,437) (5,333) - (5,333) (1,189,745) - (1,189,745) (1,147,878) - (1,147,878)
(5,746,002) - (5,746,002)
- (58,570) (58,570)
- (58,570) (58,570)
(5,746,002) (58,570) (5,804,572)
3,342,641 - 3,342,641 831,321 - 831,321 456,994 - 456,994 95,407 - 95,407
6,012 - 6,012
491,892 42,759 534,651
64,489 - 64,489 563,309 - 563,309
5,852,065 42,759 5,894,824
106,063 (15,811) 90,252
14,136,771 6,154,417 20,291,188
(46,796) 33,677 (13,119)
14,089,975 6,188,094 20,278,069
14,196,038$ 6,172,283$ 20,368,321$
Net (Expenses) Revenues and Changes in Net
Position
See Notes to Financial Statements 21
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CITY OF GRAND TERRACE
BALANCE SHEET
GOVERNMENTAL FUNDS JUNE 30, 2019
Other Total
Governmental Governmental
General Funds Funds
Assets:
Cash and investments 4,464,315$ 607,240$ 936,962$ 2,907,913$ 8,916,430$
Receivables:
Accrued revenue 139,629 - - 16,747 156,376
Notes and loans receivable 50,000 - 728,843 - 778,843
Interest receivable 17,956 - - - 17,956
Prepaid costs 19,611 - - - 19,611
Due from other funds 100,449 9,000 - 27,000 136,449
Due from other governments 221,666 - 348,636 222,851 793,153 Advances to other funds - - 168,205 - 168,205 Land held for resale 665,000 - - - 665,000
Total Assets 5,678,626$ 616,240$ 2,182,646$ 3,174,511$ 11,652,023$
Liabilities, Deferred Inflows of Resources,
and Fund Balances:
Liabilities:
Accounts payable 335,805$ -$ 7,993$ 52,221$ 396,019$
Accrued liabilities 82,298 - - - 82,298
Due to other funds - - - 136,449 136,449
Due to other governments 925,272 - 21,165 - 946,437
Advances from other funds 1,106,977 - - - 1,106,977
Refundable deposits - 4,663 - 20,896 25,559
Total Liabilities 2,450,352 4,663 29,158 209,566 2,693,739
Deferred Inflows of Resources:Unavailable revenues - - 59,843 70,684 130,527
Total Deferred Inflows of Resources - - 59,843 70,684 130,527
Fund Balances: Nonspendable: Prepaid costs 19,611 - - - 19,611 Notes and loans 50,000 - - - 50,000 Restricted for: Community development projects - - 2,093,645 1,190,405 3,284,050 Public safety - - - 25,741 25,741 Public works - 611,577 - 1,509,936 2,121,513
Child Care - - - 243,120 243,120
Infrastructure projects 1,000,000 - - - 1,000,000
Committed to:
Committed to contingencies 1,298,140 - - - 1,298,140
Committed to equipment replacement 148,905 - - - 148,905
Committed to community services 42,115 - - - 42,115
Committed to additional public safety 294,833 - - - 294,833
Unassigned 374,670 - - (74,941) 299,729
Total Fund Balances 3,228,274 611,577 2,093,645 2,894,261 8,827,757
Total Liabilities, Deferred Inflows of
Resources, and Fund Balances 5,678,626$ 616,240$ 2,182,646$ 3,174,511$ 11,652,023$
Special Revenue Funds
Street
Improvement
Housing
Authority
See Notes to Financial Statements 22
D.5.b
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CITY OF GRAND TERRACE
RECONCILIATION OF THE BALANCE SHEET OF GOVERNMENTAL FUNDSTO THE STATEMENT OF NET POSITION
JUNE 30, 2019
Fund balances of governmental funds 8,827,757$
Amounts reported for governmental activities in the statement of netposition are different because:
Capital assets net of depreciation have not been included as financial resources in
governmental fund activity.
Capital assets 21,701,576$ Accumulated depreciation (10,511,034) 11,190,542
Deferred outflows of resources reported for the pension plan for government-wide
statements are as follows:
Pension contributions made subsequent to the measurement date 383,835
Difference between expected and actual experience 141,374 Change in assumptions 420,063 Net difference between projected and actual earnings on pension plan investments 18,216 Adjustment due to difference in proportions 9,094 Differences in proportionate share 11,250 983,832
OPEB related items:Change in assumptions 51,634
Compensated absences that have not been included in the governmental activities (174,101)
Governmental funds report all OPEB contributions as expenditures, however in the
statement of net position, the excess of the total OPEB liability over the plan fiduciary net position is reported as a net OPEB liability.(1,344,639)
Governmental funds report all pension contributions as expenditures, however, in the statement of net position, the excess of the plan proportionate share of the total pension liability over the proportionate share of the plan fiduciary net position is reported as a
net pension liability.(4,891,935)
Deferred inflows of resources reported for government-wide statements are amortized:
Pension related items:Difference between expected and actual experience (48,109)
Change in assumptions (102,949)
Adjustment due to difference in proportions (314,126) Differences in proportionate share (82,908) (548,092)
OPEB related items:Change in assumptions (29,487)
Revenues reported as unavailable revenue in the governmental funds and recognized in the statement of activities. These are included in the intergovernmental revenues in the governmental fund activity.130,527
Net Position of Governmental Activities 14,196,038$
See Notes to Financial Statements 23
D.5.b
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CITY OF GRAND TERRACE
STATEMENTS OF REVENUES,
EXPENDITURES AND CHANGES IN FUND BALANCES
GOVERNMENTAL FUNDS
YEAR ENDED JUNE 30, 2019
Other Total
Governmental Governmental
General Funds Funds
Revenues:
Taxes 4,154,498$ -$ -$ 19,464$ 4,173,962$ Assessments - - - 155,750 155,750 Intergovernmental 46,209 - - 1,204,167 1,250,376 Charges for services 1,085,008 89,519 - 297,827 1,472,354 Use of money and property 421,284 7,650 6,676 55,958 491,568 Fines and forfeitures 96,293 - - 7,640 103,933 Miscellaneous 63,043 - - 22,580 85,623
Total Revenues 5,866,335 97,169 6,676 1,763,386 7,733,566
Expenditures:
Current:
General government 1,424,092 - - 8,100 1,432,192
Public safety 2,111,201 - - 150,050 2,261,251
Public works 1,334,339 - - 1,323,217 2,657,556
Economic development - - 34,537 - 34,537
Cultural and recreation 750,807 - - 279,737 1,030,544
Capital outlay:
Project improvement costs 204,999 - - 348,247 553,246
Debt service:
Interest and fiscal charges 30,095 - - - 30,095
Total Expenditures 5,855,533 - 34,537 2,109,351 7,999,421
Excess (Deficiency) of Revenues Over (Under) Expenditures 10,802 97,169 (27,861) (345,965) (265,855)
Other Financing Sources (Uses):Transfers in 2,379 - - 1,280,348 1,282,727 Transfers out (120,383) (30,771) - (1,131,573) (1,282,727) Proceeds from sale of capital asset - - - 850,000 850,000 Gain on sale of land held for resale - - 201,834 - 201,834
Total Other Financing Sources
(Uses) (118,004) (30,771) 201,834 998,775 1,051,834
Net Change in Fund Balances (107,202) 66,398 173,973 652,810 785,979
Fund Balances, Beginning of Year, as
previously reported 3,369,153 545,179 1,919,672 2,254,570 8,088,574
Restatements (33,677) - - (13,119) (46,796)
Fund Balances, Beginning of Year, as restated 3,335,476 545,179 1,919,672 2,241,451 8,041,778
Fund Balances, End of Year 3,228,274$ 611,577$ 2,093,645$ 2,894,261$ 8,827,757$
Special Revenue Funds
Street
Improvement
Housing
Authority
See Notes to Financial Statements 24
D.5.b
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CITY OF GRAND TERRACE
RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES,
AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS
TO THE STATEMENT OF ACTIVITIES
YEAR ENDED JUNE 30, 2019
Net change in fund balances - total governmental funds 785,979$
Amounts reported for governmental activities in the statement of activities are differentbecause:
Governmental funds report capital outlays as expenditures. However, in the statementof activities, the cost of those assets is allocated over their estimated useful lives and
reported as depreciation expense or are allocated to the appropriate functional expense
when the cost is below the capitalization threshold. The activity is reconciled as follows:
Cost of assets capitalized 553,245$
Depreciation expense (789,850)
Disposition of capital assets (496,210) (732,815)
Some expenses reported in the statement of activities do not require the use of current
financial resources and, therefore, are not reported as expenditures in governmental
funds.
Change in compensated absences payable (8,372)
Governmental funds report all contributions in relation to the actuarially determined
contribution for OPEB as expenditures, however in the statement of activities only the annual OPEB cost is an expense.(119,304)
Pension obligation expenses reported in the statement of activities do not require the
use of current financial resources and, therefore, are not reported as expenditures
in governmental funds.221,603
Revenues reported as unavailable revenue in the governmental funds and recognized
in the statement of activities. These are included in the intergovernmental revenues
in the governmental fund activity.(41,028)
Change in Net Position of Governmental Activities 106,063$
See Notes to Financial Statements 25
D.5.b
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CITY OF GRAND TERRACE
STATEMENT OF NET POSITION
PROPRIETARY FUNDS JUNE 30, 2019
Assets:Current:Cash and investments 620,688$
Total Current Assets 620,688
Noncurrent:Advances to other funds 938,772
Capital assets - net of accumulated depreciation 4,619,698
Total Noncurrent Assets 5,558,470
Total Assets 6,179,158$
Liabilities and Net Position:
Liabilities:Deposits payable 6,875$
Total Liabilities 6,875
Net Position:Net investment in capital assets 4,619,698 Unrestricted 1,552,585
Total Net Position 6,172,283
Total Liabilities and Net Position 6,179,158$
Business-Type
Activities
Waste Water
Disposal
See Notes to Financial Statements 26
D.5.b
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CITY OF GRAND TERRACE
STATEMENT OF REVENUES, EXPENSESAND CHANGES IN FUND NET POSITIONYEAR ENDED JUNE 30, 2019
Operating Expenses:Depreciation expense 88,570$
Total Operating Expenses 88,570
Operating Income (Loss)(88,570)
Nonoperating Revenues (Expenses):Interest revenue 42,759
Total Nonoperating Revenues (Expenses)42,759
Income (Loss) Before Contributions (45,811)
Contributions 30,000
Changes in Net Position (15,811)
Net Position:
Beginning of Fiscal Year, as previously reported 6,154,417
Restatements 33,677
Beginning of Fiscal Year, as restated 6,188,094
End of Fiscal Year 6,172,283$
Business-Type
Activities
Waste Water
Disposal
See Notes to Financial Statements 27
D.5.b
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CITY OF GRAND TERRACE
STATEMENT OF CASH FLOWS
PROPRIETARY FUNDS JUNE 30, 2019
Cash Flows from Non-Capital
Financing Activities:
Advance to other funds (30,095)$
Net Cash Provided (Used) by
Non-Capital Financing Activities (30,095)
Cash Flows from Capital and Related Financing Activities:Capital contributions 30,000
Net Cash Provided (Used) by Capital and Related Financing Activities 30,000
Cash Flows from Investing Activities:
Interest received 42,759
Net Cash Provided (Used) byInvesting Activities 42,759
Net Increase (Decrease) in Cash
and Cash Equivalents 42,664
Cash and Cash Equivalents at Beginning of Year 578,024
Cash and Cash Equivalents at End of Year 620,688$
Reconciliation of Operating Income to Net CashProvided (Used) by Operating Activities:Operating income (loss)(88,570)$
Adjustments to reconcile operating income (loss) net cash provided (used) by operating activities:Depreciation 88,570
Total Adjustments 88,570
Net Cash Provided (Used) by Operating Activities -$
Business-Type
Activities
Waste Water
Disposal
See Notes to Financial Statements 28
D.5.b
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CITY OF GRAND TERRACE
STATEMENT OF FIDUCIARY NET POSITION
FIDUCIARY FUNDSJUNE 30, 2019
Agency
FundsAssets:
Cash and investments 764,705$ 16,730,599$
Receivables:
Interest - 93,141
Due from other governments 3,572 925,272
Land held for resale - 363,133
Restricted assets:
Cash and investments with fiscal agent - 1,764,350
Total Assets 768,277$ 19,876,495
Liabilities:
Current:
Accounts payable 8,752$ 1,666
Accrued interest - 351,014
Due to other governments - 851,956
Deposits payable 759,525 -
Bonds payable - 700,000
Noncurrent:
Bonds payable - 16,029,396
Total Liabilities 768,277$ 17,934,032
Net Position:Held in trust for other purposes 1,942,463
Total Net Position 1,942,463$
Private-
Purpose Trust
Fund
Successor
Agency Private
Purpose Trust
Fund
See Notes to Financial Statements 29
D.5.b
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CITY OF GRAND TERRACE
STATEMENT OF CHANGES IN FIDUCIARY NET POSITION
FIDUCIARY FUNDSYEAR ENDED JUNE 30, 2019
Additions:
RPTTF distribution 2,054,163$ Investment earnings 428,506
Total Additions 2,482,669
Deductions:Administrative expenses 16,642Contractual services 308,633Debt service payments - interest 1,079,113Payments of enforceable obligations 74,559Loss on sale of land held for resale 29,546
Total Deductions 1,508,493
Changes in Net Position 974,176
Net Position - Beginning of the Year 968,287
Net Position - End of the Year 1,942,463$
Private-
Purpose Trust
Fund
Successor
Agency Private
Purpose Trust
Fund
See Notes to Financial Statements 30
D.5.b
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CITY OF GRAND TERRACE NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2019
I. SIGNIFICANT ACCOUNTING POLICIES
Note 1: Organization and Summary of Significant Accounting Policies a. Description of Entity The City of Grand Terrace (City) was incorporated in November 1978 under the General Laws of the State of California. The City operates under a Council-Manager form of government and provides the following services: public safety (law enforcement),
highways and streets, cultural and recreational activities, public improvements, planning and zoning, building and safety, low and moderate income housing programs, and general administrative services. As required by generally accepted accounting principles, the financial statements of the City of Grand Terrace include the financial activities of the City (the primary government),
and the City of Grand Terrace Public Financing Authority (the Authority). This blended component unit is discussed below and is included in the reporting entity because of the
significance of its operation and financial relationship with the City. The Authority is legally separate from the City. However, the City of Grand Terrace’s elected officials have a continuing full or partial accountability for fiscal matters of the
Authority. The financial reporting entity consists of: 1) the City, 2) organizations for which the City is financially accountable, and 3) organizations for which the nature and
significance of their relationship with the City are such that exclusions would cause the City’s financial statements to be misleading or incomplete.
An organization is fiscally dependent on the primary government if it is unable to adopt a
budget, levy taxes or set rates or charges, or issue bonded debt without approval by the primary government. In a blended presentation, component unit balances and transactions
are reported in a manner similar to the balances and transactions of the City. Component units are presented on a blended basis when the component unit’s governing body is
substantially the same as the City’s or the component unit provides services almost entirely to the City. The following component units of the City have been included in the financial
reporting entity as blended component units.
City of Grand Terrace Public Financing Authority
The Grand Terrace Public Financing Authority (the Authority) was established on July 16, 1991, pursuant to a Joint Powers Agreement between the City of
Grand Terrace and the former Community Redevelopment Agency of the City of Grand Terrace. The Authority was created to facilitate financing of public capital
improvements benefiting the City and the former RDA. The City Council also acts as the governing body of the Authority. The Authority’s activities are blended with those
of the City. Separate financial statements are not prepared for the Grand Terrace Public Financing Authority. There are several other governmental agencies, including the County of San Bernardino,
school districts, and others, providing services within the City of Grand Terrace. Those agencies have independently elected governing boards other than the City Council of the
City of Grand Terrace and no financial accountability to the City of Grand Terrace. Consequently, financial information for these agencies is not included within this financial
report.
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D.5.b
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CITY OF GRAND TERRACE NOTES TO FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2019
Note 1: Organization and Summary of Significant Accounting Policies (Continued) b. Government-Wide and Fund Financial Statements The government-wide financial statements include a statement of net position and a statement of activities. These statements present summaries of governmental and business-type activities for the City accompanied by a total column. Fiduciary activities of the City are not included in these statements. Certain eliminations have been made as prescribed by GASB Statement No. 34 in regard to interfund activities, payables, and receivables. All internal balances in the statement of net position have been eliminated
except those representing balances between the governmental activities and the business-type activities, which are presented as internal balances and eliminated in the total primary government column. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business-type activities, which rely to a significant extent on fees and charges for support.
The statement of activities demonstrates the degree to which the direct and indirect expenses of a given function or segment are offset by program revenues. Direct expenses
are those that are clearly identifiable with a specific function or segment. Program revenues include 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment and 2) grants and contributions, including special assessments, that are restricted to meeting the operational
or capital requirements of a particular function or segment. Taxes and other items not properly included among program revenue are reported instead as general revenues.
Separate financial statements are provided for governmental funds, proprietary, and
fiduciary funds, even though the latter are excluded from the government-wide financial statements. Major individual governmental funds and major individual enterprise funds are
reported as separate columns in the fund financial statements. c. Measurement Focus, Basis of Accounting and Financial Statement Presentation
The government-wide statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the proprietary fund and
fiduciary fund financial statements. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of the cash flows.
Accordingly, all of the City's assets and liabilities, including capital assets, as well as infrastructure assets, and long-term liabilities, are included in the accompanying statement
of net position. The statement of activities presents changes in net position. Under the accrual basis of accounting, revenues are recognized in the period in which they are
earned while expenses are recognized in the period in which the liability is incurred. The types of transactions reported as program revenues for the City are reported in three
categories: 1) charges for services, 2) operating grants and contributions, and 3) capital grants and contributions.
Governmental fund financial statements are reported using the current financial resources measurement focus and the modified-accrual basis of accounting. Under the modified-accrual basis of accounting, revenues are recognized in these funds when
susceptible to accrual (i.e., when they are both measurable and available). "Measurable" means the amount of the transaction can be determined and "available" means collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period. For this purpose, the City considers property taxes collected after year-end as available, if they are collected within 60 days of the end of the current fiscal period. Other revenue susceptible to accrual includes sales tax, state gasoline taxes, investment income,
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D.5.b
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CITY OF GRAND TERRACE NOTES TO FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2019
Note 1: Organization and Summary of Significant Accounting Policies (Continued)
and certain other intergovernmental revenues. Expenditures in the governmental funds are generally recognized in the accounting period in which the related fund liability is incurred, if measurable, except for unmatured principal and interest on general long-term debt, as well as compensated absences and claims and judgments, which are recognized when due. The City reports the following major governmental funds:
• The General Fund is the government's primary operating fund. It accounts for all financial resources of the general government, except those required to be accounted for in another fund.
• The Street Improvement Fund accounts for all revenues collected for street capital improvement fees under the Municipal Code. Funds are expended in accordance with the latest adopted fiscal impact study and capital needs assessment.
• The Housing Authority Fund accounts for the housing assets transferred from the former redevelopment agency and Low and Moderate housing activities of the City.
The fund activities are restricted for the same purposes as the former Low and Moderate Income Housing Fund of the Agency.
The City reports the following major proprietary fund:
• The Waste Water Disposal Fund is used to account for the remaining assets and liabilities of the fund that used to account for the provision of waste water disposal services to the residences and businesses of the City. Currently, a Sewer Services Agreement is in place between the City of Colton/Colton Utility Authority and the City of Grand Terrace for the provision of waste-water disposal services by the City of Colton to residents and businesses of the City of Grand Terrace. Additionally, the City reports the following fund types:
• Special Revenue Funds are used to account for the proceeds of specific revenue sources that are legally restricted or committed to expenditures for specified purposes.
• Capital Projects Funds are used to account for financial resources used for the acquisition or construction of major capital facilities (other than those financed by the proprietary funds).
• Permanent Fund accounts for resources that are legally restricted, to the extent that only earnings, and not principal, may be used for purposes that support the City’s program.
• The Private Purpose Trust Fund is used to account for the resources, obligations, and activities of the Successor Agency of the Redevelopment Agency of the City of Grand Terrace as directed by the Oversight Board to settle the affairs of the dissolved agency (see Note 13).
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CITY OF GRAND TERRACE NOTES TO FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2019
Note 1: Organization and Summary of Significant Accounting Policies (Continued)
• Agency Funds are used to account for the resources held by the City in a fiduciary capacity. As a general rule the effect of interfund activity has been eliminated from the government-wide financial statements. Exceptions to this general rule are charges between the government's proprietary funds functions and various other functions of the government. Elimination of these charges would distort the direct costs and program revenues reported for the various functions concerned. Amounts reported as program revenues include 1) charges to customers or applicants for goods, services, or privileges provided, 2) operating grants and contributions, and 3) capital grants and contributions, including special assessments. Internally dedicated resources are reported as general revenues rather than as program revenues. Likewise, general revenues include all taxes. d. Other Accounting Policies 1. Receivables and Payables Activity between funds that are representative of lending/borrowing arrangements outstanding at the end of the fiscal year are referred to as either "due to/from other funds" (i.e., the current portion of interfund loans) or "advances to/from other funds" (i.e., the non-current portion of interfund loans). All other outstanding balances between funds are reported as "due to/from other funds." Any residual balances outstanding between the governmental activities and business-type activities are reported in the government-wide financial statements as "internal balances." 2. Cash and Cash Equivalents For the purpose of the statement of cash flows, the City considers cash and cash equivalents as short term, highly liquid investments that are both readily convertible to known amounts of cash and so near their maturity that they present insignificant risk of changes in value because of changes in interest rates. The City follows the practice of pooling cash and investments of all funds. Since cash and investments are pooled, the City utilizes the assumption that the cash and investments in the Enterprise Fund are cash and cash equivalents. 3. Investments The City reports its investments at fair value in the balance sheet. All investment income, including changes in the fair value of investments, is recognized as revenue in the operating statement. 4. Property Held for Resale Property held for resale is recorded at the lower of cost or net realizable value.
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CITY OF GRAND TERRACE NOTES TO FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2019
Note 1: Organization and Summary of Significant Accounting Policies (Continued)
5. Compensated Absences The short-term portion is determined to be the amount due to employees for future absences which is attributable to services already rendered and which is expected to be paid during the next fiscal year. The total amount of liability for compensated absences is segregated between short-term and long-term as indicated above and both portions are reflected in the government-wide statements.
Vacation pay is payable to employees at the time a vacation is taken or upon termination of employment. Normally, an employee cannot accrue more than two times his regular annual entitlement. Sick leave is payable when an employee is unable to work because of illness. Upon termination, regular employees with 5 years continuous service will be paid 40% for
any unused sick leave.
6. Capital Assets Capital assets, which include property, plant and equipment, and infrastructure assets (e.g., roads, bridges, sidewalks, and similar items) are reported in the applicable
governmental or business-type activities columns in the government-wide financial statements. Capital assets are defined by the government as assets with an initial,
individual cost of more than or equal to $5,000 (amount not rounded) and an estimated useful life of at least two years. Such assets are recorded at historical cost or estimated
historical cost if purchased or constructed. Donated Capital assets, donated works of art and similar items, and capital assets received in a service concession arrangement
are reported at acquisition value at the time of acquisition by the City.
The cost of normal maintenance and repairs that do not add to the value of the asset or materially extend assets’ lives are not capitalized.
Property, plant and equipment of the primary government, as well as the component
units, are depreciated using the straight-line method over the following estimated useful lives.
Assets Years
Buildings 50
Machinery & Equipment 5-15
Vehicles 6-15
Improvements other than buildings 15-20
Infrastructure 20-30
Sewer Lines 90
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CITY OF GRAND TERRACE NOTES TO FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2019
Note 1: Organization and Summary of Significant Accounting Policies (Continued)
7. Long-term Obligations In the government-wide financial statements, and proprietary fund types in the fund financial statements, long-term debt and other long-term obligations are reported as liabilities in the applicable governmental activities, business-type activities, or proprietary fund type statement of net position. Bond premiums and discounts are deferred and amortized over the life of the bonds using the straight-line method. Bonds payable are reported net of the applicable bond premium or discount.
In the fund financial statements, governmental fund types recognize bond premiums and discounts, as well as bond issuance costs, during the current period. The face amount of debt issued is reported as other financing sources. Premiums received on debt issuances are reported as other financing sources while discounts on debt issuances are reported as other financing uses. Issuance costs, whether or not
withheld from the actual debt proceeds received, are reported as expenditures.
8. Net Pension Liability For purposes of measuring the net pension liability, deferred outflows and inflows of resources related to pension, and pension expense, information about the fiduciary net
position and additions to/deletions from the fiduciary net position have been determined on the same basis as they are reported by the CalPERS Financial Office.
For this purpose, benefit payments (including refunds of employee contributions) are recognized when currently due and payable in accordance with the benefit terms.
Investments are reported at fair value. CalPERS audited financial statements are publicly available reports that can be obtained at CalPERS website under Forms and
Publications.
GASB 68 requires that the reported results must pertain to liability and asset information within certain defined timeframes. For this report, the following timeframes
are used:
Valuation Date (VD) June 30, 2017 Measurement date (MD) June 30, 2018
Measurement Period (MP) July 1, 2017 to June 30, 2018
9. Other Post-Employment Benefits (OPEB) Liability
For purposes of measuring the net OPEB liability, deferred outflows of resources and deferred inflows of resources related to OPEB and OPEB expense have been
determined by an independent actuary. For this purpose, benefit payments are recognized when currently due and payable in accordance with the benefit terms.
Investments are reported at fair value. Generally accepted accounting principles require that the reported results must pertain to liability and asset information within certain defined timeframes. For this report, the
following timeframes are used:
Valuation Date June 30, 2017 Measurement Date June 30, 2019
Measurement Period July 1, 2018 to June 30, 2019
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CITY OF GRAND TERRACE NOTES TO FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2019
Note 1: Organization and Summary of Significant Accounting Policies (Continued)
10. Deferred Outflows/Inflows of Resources In addition to assets, the statement of financial position and the governmental funds balance sheet will sometimes report a separate section for deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents a consumption of net position that applies to a future period(s) and so will not be recognized as an outflow of resources (expense/ expenditure) until then. The City only has one item that qualifies for reporting in this category. Deferred outflows
relating to the net pension obligation reported in the government-wide statement of net position. These outflows are the results of contributions made after the measurement period, which are expensed in the following year, and of adjustments due to difference in proportions, change in assumptions, and the difference between actual contributions made and the proportionate share of the risk pool’s total contributions. These amounts are deferred and amortized over the expected average remaining service lifetime.
In addition to liabilities, the Statement of Net Position and the Governmental Balance
Sheet will sometimes report a separate section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources, represents an acquisition of net position that applies to a future period(s) and so will not be recognized as an inflow of resources (revenue) until that time. The City has three items, one of
which, arises only under a modified accrual basis of accounting that qualifies for reporting in this category. Accordingly, the item, unavailable revenue, is reported only
in the governmental funds balance sheet. The governmental funds report unavailable revenue from intergovernmental revenues. These amounts are deferred and
recognized as an inflow of resources in the period that the amounts become available. The other items are deferred pension related items and deferred OPEB related items.
Gains and losses related to changes in total pension or OPEB liability and their related
fiduciary net position are recognized in pension or OPEB expense, respectively, systematically over time. Amounts are first recognized in pension or OPEB expense
for the year the gain or loss occurs. The remaining amounts are categorized as deferred outflows and deferred inflows of resources related to pension or OPEB and
are recognized in future pension and OPEB expense, respectively.
The recognition period differs depending on the source of the gain or loss:
Net difference between projected and actual earning on pension or OPEB plan investments
5 years All plans
All other amounts are amortized over the expected average remaining service lifetime (EARSL) of the respective plan. At June 30, 2019, EARLS were:
5.7 years 3.8 years
OPEB plan Pension Miscellaneous – Cost Sharing Plan
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CITY OF GRAND TERRACE NOTES TO FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2019
Note 1: Organization and Summary of Significant Accounting Policies (Continued)
11. Net Position Flow Assumption Sometimes the government will fund outlays for a particular purpose from both restricted (e.g., restricted bond or grant proceeds) and unrestricted resources. In order to calculate the amounts to report as restricted – net position and unrestricted – net position in the government-wide and proprietary fund financial statements, a flow assumption must be made about the order in which the resources are considered to be applied. It is the government’s policy to consider restricted – net position to have
been depleted before unrestricted – net position is applied. 12. Fund Balance Flow Assumptions Sometimes the government will fund outlays for a particular purpose from both restricted and unrestricted resources (the total of committed, assigned, and
unassigned fund balance). In order to calculate the amounts to report as restricted, committed, assigned, and unassigned fund balance in the governmental fund financial
statements a flow assumption must be made about the order in which the resources are considered to be applied. It is the government’s policy to consider restricted fund balance to have been depleted before using any of the components of unrestricted fund balance. Further, when the components of unrestricted fund balance can be used
for the same purpose, committed fund balance is depleted first, followed by assigned fund balance. Unassigned fund balance is applied last.
13. Fund Balance Policies
The City implemented GASB Statement No. 54, “Fund Balance Reporting and
Governmental Fund Type Definitions”. This statement provides more clearly defined fund balance categories to make the nature and extent of the constraints placed on a
government’s fund balance more transparent. The following classifications describe the relative strength of the spending constraints placed on the purposes for which
resources can be used:
• Non-spendable – amounts that are not in a spendable form (such as inventory) or are required to be maintained intact.
• Restricted – amounts constrained to specific purposes by their providers
(such as grantors, bondholders and higher levels of government), through constitutional provisions or by enabling legislation.
• Committed – amounts constrained to specific purposes determined by a formal
action of the City Council, the government's highest level of decision-making authority.
• Assigned – amounts the City intends to use for a specific purpose; intent can be expressed by City Council or by an official or body to which the City Council delegates the authority. By resolution, the Council has authorized the City Manager
and/or Finance Director to assign fund balance.
• Unassigned – amounts that are for any purpose; positive amounts are reported only in the general fund.
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CITY OF GRAND TERRACE NOTES TO FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2019
Note 1: Organization and Summary of Significant Accounting Policies (Continued)
The City Council, as the City's highest level of decision-making authority, may commit fund balance for specific purposes pursuant to constraints imposed by formal actions taken such as an ordinance or resolution. These committed amounts cannot be used for any other purpose unless the City Council removes or changes the specified use through the same type of formal action taken to establish the commitment. City Council action to commit fund balance needs to occur within the fiscal reporting period; however, the amount can be determined subsequently.
14. Property Tax Property tax revenue is recognized on the modified accrual basis, that is, in the fiscal year for which the taxes have been levied provided they become available. Available means when due or past due and receivable within the current period and collected within the current period or expected to be collected soon enough thereafter to be used
to pay liabilities of the current period. The County of San Bernardino collects property taxes for the City. Tax liens attach annually as of 12:01 A.M. on the first day in January
proceeding the fiscal year for which the taxes are levied. Taxes are levied on both real and personal property as it exists on that date. The tax levy covers the fiscal period July 1 to June 30. All secured personal property taxes and one-half of the taxes on real property are due November 1; the second installment is due February 1. All taxes are
delinquent, if unpaid, on December 10 and April 10, respectively. Unsecured personal property taxes become due on the first of March each year and are delinquent, if
unpaid, on August 31.
15. Use of Estimates
The financial statements have been prepared in accordance with generally accepted accounting principles accepted in the United States of America and necessarily include
amounts based on estimates and assumptions by management. Actual results could differ from those amounts.
16. New Accounting Principles Adopted During the fiscal year ended June 30, 2019, the City implemented the following
Governmental Accounting Standards Board (GASB) standards:
GASB Statement No. 88 – Certain Disclosures Related to Debt, Including Direct Borrowings and Direct Placements. The primary objective of this Statement is to
improve the information that is disclosed in notes to government financial statements related to debt, including direct borrowings and direct placements. It also clarifies which
liabilities governments should include when disclosing information related to debt. This Statement defines debt for purposes of disclosure in notes to financial statements as
a liability that arises from a contractual obligation to pay cash (or other assets that may be used in lieu of cash) in one or more payments to settle an amount that is fixed at the date the contractual obligation is established. This Statement requires that additional essential information related to debt be disclosed in notes to financial
statements, including unused lines of credit; assets pledged as collateral for the debt; and terms specified in debt agreements related to significant events of default with
finance-related consequences, significant termination events with finance-related consequences, and significant subjective acceleration clauses. For notes to financial
statements related to debt, this Statement also requires that existing and additional information be provided for direct borrowings and direct placements of debt separately from other debt.
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CITY OF GRAND TERRACE NOTES TO FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2019
II. STEWARDSHIP Note 2: Stewardship, Compliance and Accountability Deficit Fund Balances As of June 30, 2019, the following funds have deficit fund balances:
Amount
CDBG (33,298)$
Enhanced Infrastructure
Financing District (41,643) These deficits will be funded by future revenues or transfers from other funds. Budget The Enhanced Infrastructure Financing District Fund and the Dog Park Endowment Fund did not adopt a budget for fiscal year 2018-19 and therefore budgetary comparison information is not presented: III. DETAILED NOTES ON ALL FUNDS Note 3: Cash and Investments Cash and investments as of June 30, 2019, are classified in the accompanying financial statements as follows:
Statement of Net Position:
Cash and Investments 9,537,118$
Statement of Fiduciary Net Position:
Cash and Investments 17,495,304
Cash and Investments with Fiscal Agents 1,764,350
Total Cash and Investments 28,796,772$ Cash and investments as of June 30, 2019, consist of the following:
Cash on Hand 1,250$
Deposits with Financial Institutions 4,574,125
Investments 24,221,397
Total Cash and Investments 28,796,772$
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CITY OF GRAND TERRACE NOTES TO FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2019
Note 3: Cash and Investments (Continued)
Investments Authorized by the California Government Code and the City’s Investment Policy The table below identifies the investment types that are authorized for the City by the California Government Code (or the City’s investment policy, where more restrictive). The table also identifies certain provisions of the California Government Code (or the City’s investment policy, where more restrictive) that address interest rate risk, credit risk, and concentration of credit risk. This table does not address investments of debt proceeds held by bond trustee that are governed by the provisions of debt agreements of the City, rather
than the general provisions of the California Government Code or the City’s investment policy.
Authorized Investment Type
Maximum
Maturity
Maximum
Percentage
of Portfolio
Maximum
Investment in
One Issuer
U.S. Treasury Obligations 5 years None None
Repurchase Agreements 6 years None None
Certificates of Deposit 7 years None None
Passbook Savings Accounts 8 years 30% None
Securities Issued by Federal Agencies N/A None None
Local Agency Investment Fund (LAIF) N/A None 50,000,000$
Mutual Funds N/A 20% None
Pools and other Investment Structures N/A None None Investments Authorized by Debt Agreements Investments of debt proceeds held by bond trustees are governed by provisions of the debt agreements, rather than the general provisions of the California Government Code or the City’s investment policy. The table below identifies the investment types that are authorized for investments held by bond trustees. The table identifies certain provisions of these debt agreements that address interest rate risk, credit risk and concentration of credit risk.
Authorized Investment Type
Maximum
Maturity
Maximum
Percentage
of Portfolio
Maximum
Investment in
One Issuer
Government Obligations 5 years None None
FHLB's 6 years None None
FHLMC's 7 years None None
Farm Credit Banks 8 years 30% None
FNMA's N/A None None
Financing Corp Debt Obligations N/A None 50,000,000$
Certificates of Deposit N/A 20% None
Deposits fully Insured by FDIC N/A None None
USAID Guaranteed Notes N/A None None
Investment Agreements N/A None None
Bankers Acceptances N/A None None
Municipal Obligations rated Aaa N/A None None
Commercial Paper rated P-1 N/A None None
Repurchase Agreements N/A None None
Money Market Mutual Funds rated AAAm N/A None None
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CITY OF GRAND TERRACE NOTES TO FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2019
Note 3: Cash and Investments (Continued)
Disclosures Relating to Interest Rate Risk Interest rate risk is the risk that changes in market interest rates will adversely affect the fair value of an investment. Generally, the longer the maturity of an investment, the greater the sensitivity of its fair value to changes in market interest rates. One of the ways that the City manages its exposure to interest rate risk is by purchasing a combination of shorter and longer term investments and by timing cash flows from maturities so that a portion of the portfolio is maturing or coming close to maturity evenly over time as necessary to
provide the cash flow and liquidity needed for operations. Information about the sensitivity of the fair values of the City’s investments to market interest rate fluctuations are presented below.
Remaining
Investment
Maturity
Authorized Investment Type Amount
12 Months or
Less
Local Agency Investment Fund (LAIF) 18,370,556$ 18,370,556$
Local Gov. Invest. Pool (CAMP) 4,085,318 4,085,318
First American Treasury 1,173 1,173
Held by Trustee:
Money Market Mutual Funds 1,764,350 1,764,350
Total 24,221,397$ 24,221,397$
Disclosures Relating to Credit Risk Generally, credit risk is the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. Information about the minimum rating required by the California Government Code, the City’s investment policy, or debt agreements, and the actual rating as of year-end for each type of investment held by the City can be found below.
Authorized Investment Type Amount
Minimum
Legal Rating
Actual
Rating
Local Agency Investment Fund (LAIF)18,370,556$ N/A N/A
Local Gov. Invest. Pool (CAMP)4,085,318 N/A N/A
First American Treasury 1,173 N/A N/A
Held by Trustee:
Money Market Mutual Funds 1,764,350 AAAm N/A
Total 24,221,397$
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CITY OF GRAND TERRACE NOTES TO FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2019
Note 3: Cash and Investments (Continued)
Concentration of Credit Risk The investment policy of the City contains no limitations on the amount that can be invested in any one issuer beyond that stipulated by the California Government Code. During the fiscal year ended June 30, 2019, the City did not hold any investments in any one issuer (other than Mutual Funds and External Investment Pools) that represent 5% or more of total City’s investments.
Custodial Credit Risk Custodial credit risk for deposits is the risk that, in the event of the failure of a depository financial institution, a government will not be able to recover its deposits or will not be able to recover collateral securities that are in the possession of an outside party. The custodial credit risk for investments is the risk that, in the event of the failure of the counterparty
(e.g., broker-dealer) to a transaction, a government will not be able to recover the value of its investment or collateral securities that are in the possession of another party. The
California Government Code and the City’s investment policy do not contain legal or policy requirements that would limit the exposure to custodial credit risk for deposits or investments, other than the following provision for deposits: The California Government Code requires that a financial institution secure deposits made by state or local
governmental units by pledging securities in an undivided collateral pool held by a depository regulated under state law (unless so waived by the governmental unit). The
market value of the pledged securities in the collateral pool must equal at least 110% of the total amount deposited by the public agencies. California law also allows financial
institutions to secure deposits by pledging first deed mortgage notes having a value of 150% of the secured public deposits.
As of June 30, 2019, the City had deposits with financial institutions in excess of federal
depository insurance limits of $4,231,461.
Investments in State Investment Pool
The City is a voluntary participant in the Local Agency Investment Fund (LAIF) that is regulated by the California Government Code under the oversight of the Treasurer of the
State of California. The fair value of the City’s investment in this pool is reported in the accompanying financial statements at amounts based upon the City’s pro-rata share of the
fair value provided by LAIF for the entire LAIF portfolio (in relation to the amortized cost of that portfolio). The balance available for withdrawal is based on the accounting records
maintained by LAIF, which are recorded on an amortized cost basis.
LAIF has reported to its participating agencies that, as of June 30, 2019, the carrying amount (at amortized cost) of the Pool was $105,633,660,465 and the estimated fair value
of the Pool was $105,814,483,092. The City’s proportionate share of the Pool’s market value (as determined by LAIF) as of June 30, 2019, was $18,370,556. Included in LAIF’s investment portfolio are collateralized mortgage obligations, mortgage-backed securities, other asset-backed securities, loans to certain state funds, and floating rate securities.
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CITY OF GRAND TERRACE NOTES TO FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2019
Note 3: Cash and Investments (Continued)
Local Government Investment Pool The City is a voluntary participant in the Local Government Investment Pool, “CAMP” (California Asset Management Program). CAMP is a California Joint Powers Authority, established to provide public agencies with professional investment services, and is directed by a Board of Trustees, which is made up of experienced local government finance directors and treasurers. The CAMP Pool is a permitted investment for all local agencies under California Government Code Section 53601(p).
The City reports its share in the investment pool at the estimated fair market value. As of June 30, 2019, the City’s share of the Pool (as determined by CAMP) is $4,085,318. Included in the CAMP’s investment portfolio are U.S. treasury notes, bonds, bills or certificates of indebtedness or other obligations of the United States, federal agency or U.S. government-sponsored enterprise obligations, participations or other instruments,
repurchase agreements, bills of exchange or time drafts, negotiable certificates of deposits, commercial paper of prime quality of the highest ranking or of the highest letter and number
rating. Pooled Cash
The City follows the practice of pooling cash and investments of all funds, except for funds required to be held by outside fiscal agents under the provisions of bond indentures.
Interest income earned on pooled cash and investments is allocated to the various funds
based on the cash balances. Interest income from cash and investments with fiscal agents is credited directly to the related fund.
Fair Value Measurement and Application
The City categorizes its fair value measurements within the fair value hierarchy established by generally accepted accounting principles. The hierarchy is based on the valuation inputs used to measure the fair value of the asset. Level 1 inputs are quoted prices in active markets for identical assets; Level 2 inputs are significant other observable inputs; Level 3 inputs are significant unobservable inputs. The City has the following recurring fair value measurements as of June 30, 2019:
Total 1 2 3
Investments:
Local Government Investment Pool 4,085,318$ -$ -$
First American Treasury 1,173 - 1,173 -
Local Agency Investment fund 18,370,556 - -
Total Cash Investments 22,457,047 - 1,173 -
Investments with Fiscal Agents:
Money Market Funds 1,764,350 - 1,764,350 -
Total Investments with
Fiscal Agent 1,764,350 - 1,764,350 -
24,221,397$ -$ 1,765,523$ -$
Investment Type
Level
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CITY OF GRAND TERRACE NOTES TO FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2019
Note 4: Interfund Receivable, Payable and Transfers
The composition of interfund balances at June 30, 2019, is as follows: Due to/from other funds:
Receivable Fund Payable Fund Amount
General Fund Nonmajor Governmental Funds (1) 100,449$
Street Improvement Fund Nonmajor Governmental Funds (2) 9,000
Nonmajor Governmental Funds Nonmajor Governmental Funds (3) 27,000
136,449$ (1) The General Fund advanced funds to the Measure I Fund, CDBG Fund, Cal Recycle Grant Fund, Active Transportation Program Fund and the Enhanced Infrastructure Financing District to cover deficit cash balances and to cover the Unfunded Accrued Liability pension portion. (2) The Street Improvement Fund advanced funds to the Enhanced Infrastructure Financing District Fund to cover expenditures. (3) The Storm Drain Improvement Fund, Park Development Fund and Facilities Development Fund advanced funds of $9,000 each to the Enhanced Infrastructure Financing District Fund to cover expenditures. Advances from/to other funds:
Receivable Fund Payable Fund Amount
Housing Authority Fund General Fund 168,205$
Waste Water Disposal General Fund 938,772
1,106,977$ In April 1980, the Community Redevelopment Agency (CRA) entered into a pass-through
agreement with the City, which was found to be in noncompliance with State statutes. The misallocated tax increment was being treated as an advance payable to the former
Community Redevelopment Agency from the General Fund. Upon the dissolution of the Redevelopment Agency, the advance receivable was transferred to the Housing Authority and the Successor Agency and is shown as a due from other government in the Private Purpose Trust Fund in the amount of $925,272 and an advance to other funds in
the Housing authority in the amount of $168,205. The advance is to be repaid as funds are available.
On June 30, 2018, the Waste Water Disposal Fund formalized in a promissory note its
advance to the General Fund in the amount of $875,000 for the acquisition of property located at 22273 Barton Road. Effective September 13, 2016, interest on the advance
accrues at a rate equal to the Local Agency Investment Fund yield. Beginning July 1, 2020, the General Fund will make annual payments in the amount of $87,500. Thereafter
payments will be made on the 1st day of each fiscal year. All outstanding principal and accrued interest under the note will be due and payable on July 1, 2030. At June 30, 2019, the advance to the General Fund amounts to $938,722 and includes accrued interest of $63,772.
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CITY OF GRAND TERRACE NOTES TO FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2019
Note 4: Interfund Receivable, Payable and Transfers (Continued)
Interfund Transfers:
Fund Receiving Transfers Fund Making Transfers Amount
General Fund Nonmajor Governmental Funds (1)2,379$
Nonmajor Governmental Funds General Fund (2) 120,383
Nonmajor Governmental Funds Street Improvement Fund (3)30,771
Nonmajor Governmental Funds Nonmajor Governmental Funds (4) 1,129,194
Total Interfund Transfers 1,282,727$ (1) Transfers to the General Fund from the Barton / Colton Bridge to close the Barton/Colton Bridge capital project fund. (2) Transfers in the amount of $109,858 were made from the General Fund to the State Gas Tax Fund for franchise sweep fees and pavement impact fees. Transfers in the amount of $10,000 were made to the Senior Bus Program Fund for additional funding. Transfer in the amount of $525 were made to the Capital Project to close out the Capital Projects fund. (3) Transfers to Commerce Way Project from Street Improvement for the amount of $30,771 for the Acquisition of Private & Remnant Land project. (4) Transfers in the amount of $145,510 to the Capital Project – Parks from the Park Development fund for the Blue Mountain Trial Project. Transfers in the amount of $5,000 were made to the Senior Bus Program Fund for additional funding from the Air Quality Improvement fund. Transfers in the amount of $86,110 to the Capital Improvement - Streets Fund from the Gas Tax fund for the Slurry Seal Project. Transfers in the amount of $892,574 from the Capital Improvement - Streets to the Capital Projects – Commerce Way Project fund to establish the fund.
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CITY OF GRAND TERRACE NOTES TO FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2019
Note 5: Capital Assets
Capital assets activity for the year ended June 30, 2019, was as follows:
Beginning EndingBalanceAdditions Deletions BalanceGovernmental Activities:Capital assets, not being depreciated:
Land 3,262,881$ -$ 150,000$ 3,112,881$
Construction-in-progress 528,460 241,657 - 770,117
Total Capital Assets,
Not Being Depreciated 3,791,341 241,657 150,000 3,882,998
Capital assets, being depreciated:
Buildings 6,268,981 - 654,386 5,614,595
Machinery and Equipment 930,313 142,147 146,347 926,113
Vehicles 543,554 55,075 - 598,629
Improvements other than buildings 6,281,969 114,366 58,390 6,337,945
Infrastructure 4,341,296 - - 4,341,296
Total Capital Assets, Being Depreciated 18,366,113 311,588 859,123 17,818,578
Less accumulated depreciation:
Buildings 3,522,259 141,326 340,005 3,323,580
Machinery and Equipment 672,240 109,606 138,662 643,184
Vehicles 460,123 35,524 - 495,647
Improvements other than buildings 3,369,315 271,678 34,246 3,606,747
Infrastructure 2,210,160 231,716 - 2,441,876
Total Accumulated
Depreciation 10,234,097 789,850 512,913 10,511,034
Total Capital Assets,
Being Depreciated, Net 8,132,016 (478,262) 346,210 7,307,544
Governmental Activities Capital Assets, Net 11,923,357$ (236,605)$ 496,210$ 11,190,542$ Depreciation expense was charged to functions of the primary government as follows: Governmental Activities:
General Government 153,635$
Public Safety 40,984
Public Works 265,184
Cultural and recreation 330,047
Total Depreciation expense - Governmental Activities 789,850$
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CITY OF GRAND TERRACE NOTES TO FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2019
Note 5: Capital Assets (Continued)
Beginning Ending
Balance Additions Deletions Balance
Business-type Activities:
Capital assets, being depreciated:
Sewer mains 4,023,128$ -$ -$ 4,023,128$
Laterals 1,890,944 - - 1,890,944
Manholes 1,298,760 - - 1,298,760
Improvements 202,274 - - 202,274
Total Capital Assets, Being Depreciated 7,415,106 - - 7,415,106
Less accumulated depreciation:
Sewer mains 1,516,254 44,701 - 1,560,955
Laterals 625,133 21,010 - 646,143
Manholes 460,103 14,431 - 474,534
Improvements 105,348 8,428 - 113,776
Total Accumulated Depreciation 2,706,838 88,570 - 2,795,408
Business-type Activities Capital Assets, Net 4,708,268$ (88,570)$ -$ 4,619,698$ Note 6: Compensated Absences Compensated absences activity for the year ended June 30, 2019, was as follows: Beginning Ending Due WithinBalance Additions Deletions Balance One Year
Compensated Absences 165,729$ 46,806$ 38,434$ 174,101$ 40,376$
Total Long-Term Liabilities 165,729$ 46,806$ 38,434$ 174,101$ 40,376$
The City’s policies relating to compensated absences are described in Note 1 of the Notes to Financial Statements. The liability will be paid in future years as it becomes due from the General Fund. Note 7: Pension Plan Plan Description The City contributes to the California Public Employees Retirement System (PERS), a cost sharing multiple-employer public employee defined benefit pension plan. PERS provides retirement and disability benefits, annual cost-of-living adjustments, and death benefits to plan members and beneficiaries. PERS acts as a common investment and administrative agent for participating public entities within the State of California. Benefit provisions and all other requirements are established by State statute and City ordinance. Copies of PERS’ annual financial report may be obtained from their executive office: 400 “P” Street, Sacramento, California 95814.
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CITY OF GRAND TERRACE NOTES TO FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2019
Note 7: Pension Plan (Continued)
Benefits Provided CalPERS provides service retirement and disability benefits, annual cost-of-living adjustments and death benefits to plan members, who must be public employees and beneficiaries. Benefits are based on years of credited service, equal to one year of full-time employment. Members with five years of total service are eligible to retire at age 50 with statutorily reduced benefits. All members are eligible for non-duty disability benefits after 10 years of service. The death benefit is one of the following: the
Basic Death Benefit, the 1957 Survivor Benefit, or the Optional Settlement 2W Death Benefit. The cost of living adjustments for each plan are applied as specified by the Public Employees’ Retirement Law. Below is the summary of the plans’ provisions and benefits in effect at June 30, 2019, for which the City of Grand Terrace has contracted:
Tier 1 *Tier 2 PEPRA
Hire date
Prior to
December 13, 2012
December 13, 2012
but prior to
January 1, 2013
January 1, 2013
and after
Benefit formula 2.7% @ 55 2% @ 60 2% @ 62
Benefit vesting schedule 5 years service 5 years service 5 years service
Benefit payments monthly for life monthly for life monthly for life
Retirement age minimum 50 yrs minimum 50 yrs minimum 52 yrs
Monthly benefits, as a %
of eligible compensation
2% - 2.7%, 50 yrs -
63+ yrs,
respectively
1.092% - 2.418%,
50 yrs - 63+ yrs,
respectively
1.000% - 2.500%,
52 yrs - 67+ yrs,
respectively
Required employee
contribution rates 7.952%6.912%6.250%
Required employer
contribution rates 12.212%7.634%6.842%
*Closed to new entrants
Miscellaneous Cost-Sharing Plans
Employees Covered
At June 30, 2019, the following employees were covered by the benefit terms of the Plan:
Description Misc - Tier 1 Misc - Tier 2 PEPRA Total
Active members 18 3 19 40
Transferred members 19 4 3 26
Terminated members 55 0 9 64
Retired members and beneficiaries 39 0 1 40
Total 131 7 32 170
Number of Members
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CITY OF GRAND TERRACE NOTES TO FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2019
Note 7: Pension Plan (Continued)
Contribution Description Section 20814(c) of the California Public Employees’ Retirement Law (PERL) requires that the employer contribution rates for all public employers be determined on an annual basis by the actuary and shall be effective on the July 1 following notice of a change in the rate. The total plan contributions are determined through the CalPERS’ annual actuarial valuation process. The actuarially determined rate is based on the estimated amount necessary to pay the Plan’s allocated share of the risk pool’s costs of benefits earned by
employees during the year, and any unfunded accrued liability. The City is required to contribute the difference between the actuarially determined rate and the contribution rate of employees. For the year ended June 30, 2019, the employer contributions recognized as a reduction to the net pension liability was $391,538.
Pension Liabilities, Pension Expense and Deferred Outflows and Deferred Inflows of
Resources Related to Pensions As of June 30, 2019, the City reported net pension liabilities for its proportionate shares of the net pension liability of $4,891,935.
The City’s net pension liability is measured as the proportionate share of the net pension
liability. The net pension liability is measured as of June 30, 2018, and the total pension liability for each Plan used to calculate the net pension liability was determined by an
actuarial valuation as of June 30, 2017 rolled forward to June 30, 2018 using standard update procedures. The City’s proportion of the net pension liability was based on a
projection of the City’s long-term share of contributions to the pension plans relative to the projected contributions of all participating employers, actuarially determined. The City’s
proportionate share of the net pension liability as of June 30, 2017 and 2018 was as follows:
Proportions as a percentage of the CalPERS risk pool:
Proportion - June 30, 2017 0.04529%
Proportion - June 30, 2018 0.05152%
Change - Increase (Decrease)0.00623%
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CITY OF GRAND TERRACE NOTES TO FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2019
Note 7: Pension Plan (Continued)
For the year ended June 30, 2019, the City recognized a total pension expense of $163,232. At June 30, 2019, the City reported deferred outflows and deferred inflows of resources related to pensions as follows:
Deferred Outflows of
Resources
Deferred Inflows of
Resources
City contribution subsequent to the
measurement date 383,835$ -$
Difference between Expected and
Actual Experience 141,374 (48,109)
Change in Assumptions 420,063 (102,949)
Net Difference between Projected
and Actual Earnings on Pension
Plan Investments 18,216 -
Adjustment due to Difference in
Proportions 9,094 (314,126)
Differences in proportionate share 11,250 (82,908)
Total 983,832$ (548,092)$
$383,835 reported as deferred outflows of resources related to contributions subsequent to the measurement date will be recognized as a reduction of the net pension liability in the year ended June 30, 2019. Other amounts reported as deferred outflows or deferred inflows of resources related to pensions will be recognized as pension expense as follows:
Measurement
Period Ended
June 30:
Deferred
Outflows/(Inflows) of
Resources
2019 47,651$
2020 179,004
2021 (141,608)
2022 (33,142)
51,905$
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CITY OF GRAND TERRACE NOTES TO FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2019
Note 7: Pension Plan (Continued)
Actuarial Methods and Assumptions Used to Determine Total Pension Liability For the measurement period ended June 30, 2018, the total pension liability was determined by rolling forward the June 30, 2017 total pension liability. The June 30, 2018 total pension liability was based on the following actuarial methods and assumptions:
Valuation Date
Measurement Date
Actuarial Cost MethodActuarial Assumptions:
Discount Rate
Inflation
Payroll Growth
Investment Rate of Return
Mortality
Post Retirement Benefit Increase
Miscellaneous Plan (1)
7.15% (2)
Varies by Entry Age and Service
2.50%
7.15%
June 30, 2018
Entry-Age Normal Cost Method
June 30, 2017
Contract cost of living adjustment (COLA) up to 2.50% until
Purchasing Power Protection Allowance Floor on Purchasing
Power applies
(2) Net of pension plan investment expenses, including inflation
(1) Actuarial assumptions are the same for all benefit tiers (Classic Tier I, Classic Tier II, and PEPRA)
(3)The mortality table used was developed based on the CalPERS' specific data. The table includes20 years of projected mortality improvements using Society of Actuaries Scale BB. For more details on
the table, please refer to the CalPERS 2017 experience study report available on CalPERS' website.
Derived using CalPERS Membership Data for all Funds (3)
Change of Assumptions
For the measurement date June 30, 2018, demographic assumptions and inflation rate
were changed in accordance to the CalPERS Experience Study and Review of Actuarial Assumptions December 2017. Discount Rate
The discount rate used to measure the total pension liability was 7.15% for the Plan. The
projection of cash flows used to determine the discount rate assumed that contributions from plan members will be made at the current member contribution rates and that
contributions from employers will be made at statutorily required rates, actuarially determined. Based on those assumptions, the Plan’s fiduciary net position was projected
to be available to make all projected future benefit payments of current plan members.
Therefore, the long-term expected rate of return on plan investments was applied to all periods of projected benefit payments to determine the total pension liability.
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CITY OF GRAND TERRACE NOTES TO FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2019
Note 7: Pension Plan (Continued)
Long-Term Expected Rate of Return The long-term expected rate of return on pension plan investments was determined using a building-block method in which expected future real rates of return (expected returns, net of pension plan investment expense and inflation) are developed for each major asset class. In determining the long-term expected rate of return, CalPERS took into account both
short-term and long-term market return expectations as well as the expected pension fund cash flows. Using historical returns of all the funds’ asset classes, expected compound returns were calculated over the short-term (first 10 years) and the long-term (11-60 years) using a building-block approach. Using the expected nominal returns for both short-term and long-term, the present value of benefits was calculated for each fund. The expected rate of return was set by calculating the single equivalent expected return that arrived at
the same present value of benefits for cash flows as the one calculated using both short-term and long-term returns. The expected rate of return was then set equivalent to
the single equivalent rate calculated above and rounded down to the nearest one quarter of one percent. The table below reflects long-term expected real rate of return by asset class. The rate of
return was calculated using the capital market assumptions applied to determine the discount rate and asset allocation.
Asset Class
New Strategic
Allocation
Real Return Years
1 - 10 (1)
Real Return
Years 11+ (2)
Global Equity 50.00% 4.80%5.98%
Fixed Income 28.00% 1.00%2.62%
Inflation Assets 0.00% 0.77%1.81%
Private Equity 8.00% 6.30%7.23%
Real Assets 13.00% 3.75%4.93%
Liquidity 1.00% 0.00%-0.92%
100.00% (1) An expected inflation of 2% used for this period. (2) An expected inflation of 2.92% used for this period. Sensitivity of the Proportionate Share of the Net Pension Liability to Changes in the Discount Rate The following presents the City’s proportionate share of the net pension liability, calculated using the discount rate of 7.15%, as well as what the City’s proportionate share of the net pension liability would be if it were calculated using a discount rate that is 1% point lower (6.15%) or 1% point higher (8.15%) than the current rate:
Discount Rate - 1% Current Discount Discount Rate +1%
6.15%7.15%8.15%
Miscellaneous 7,125,869$ 4,891,935$ 3,047,860$
Plans' Net Pension
Liability/(Asset)
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CITY OF GRAND TERRACE NOTES TO FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2019
Note 7: Pension Plan (Continued)
Pension Plan Fiduciary Net Position Detailed information about the pension plan’s fiduciary net position is available in the separately issued CalPERS financial reports. See CalPERS’ website for additional information. Note 8: Other Post-Employment Benefits
Plan Description The City provides a medical plan coverage for retirees. This coverage is available for employees who satisfy the requirements for retirement under the California Public Employees Retirement System (PERS), which is age 50 or older with at least five years of State or public agency service.
Medical plan benefits are provided through PERS, as permitted by the Public Employees’
Medical and Hospital and Care Act (PEMHCA). As a PEMHCA employer, the City has elected the unequal contribution method, where the contribution will be increased annually over twenty years until it reaches the same employer contribution as active employee medical plan coverage.
Contributions
The contribution requirements of plan members and the City are established and may be
amended by the City Council. Currently, contributions are not required from plan members. The required contribution is based on pay-as-you-go financing requirements. For the
measurement date ended June 30, 2019, the City’s cash contributions were $23,030 in total payments, which were recognized as a reduction to the OPEB liability.
Employees Covered
At June 30, 2019, the measurement date, the following numbers of participants were
covered by the benefit terms:
Number of Covered
Participants
Inactives currently receiving benefits 8
Inactives entitled to but not yet receiving benefits 23
Active employees 17
Total 48
Covered participant counts were available to the actuary for the June 30, 2018 actuarial valuation but not as of June 30, 2019 measurement date.
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CITY OF GRAND TERRACE NOTES TO FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2019
Note 8: Other Post-Employment Benefits (Continued)
Total OPEB Liability
The City's total OPEB liability was measured as of June 30, 2019 for the measurement period July 1, 2018 through June 30, 2019. The total OPEB liability used to calculate the total OPEB liability was determined by an actuarial valuation dated June 30, 2018, based on the following actuarial assumptions:
Actuarial Assumptions:
Discount rate 3.87% at June 30, 2018 (Bond Buyer 20-bond Index)
Inflation 2.75% per annum
Salary Increases Aggregate - 3.00%
Merit - Tables from CalPERS 1997-2015 Experience Study
Investment rate of retrun N/A
Mortality rate CalPERS 1997-2011 Experience Study
Healthcare trend rate Non-medicare - 7.5% for 2020, decreasing to an ultimate
rate of 4.0% in 2076
Medicare - 6.5% for 2020, decreasing to an ultimate rate of
4.0% in 2076
Discount Rate The discount rate used to measure the total OPEB liability was 3.87%. The discount rate is based on the bond buyer 20-bond index. Changes in the Total OPEB Liability. The changes in the total OPEB liability for the plan are as follows:
Total OPEB Liability
Measurement Period
2018-19
Total OPEB Liability - June 30, 2018 1,165,731$
Changes in Total OPEB Liability
Service Cost 107,552
Interest 48,506
Assumption changes 62,620
Benefits payments (39,770)
Change in benefit terms -
Net Changes 178,908
Total OPEB Liability - June 30, 2019 1,344,639$
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CITY OF GRAND TERRACE NOTES TO FINANCIAL STATEMENTS (CONTINUED) YEAR ENDED JUNE 30, 2019
Note 8: Other Post-Employment Benefits (Continued)
Sensitivity of the Total OPEB Liability to Changes in the discount rate
The following presents the total OPEB liability of the City, as well as what the City's total OPEB liability would be if it were calculated using a discount rate that is one percentage point higher or one percentage point lower than the current discount rate, for the measurement period June 30, 2019:
1% Decrease (2.5%) Current Rate (3.5%) 1% Increase (4.5%)
Total OPEB Liability 1,539,607$ 1,344,639$ 1,185,373$
Discount Rate
Sensitivity of the total OPEB liability to changes in the healthcare cost trend rates The following presents the total OPEB liability of the City, as well as what the City's total OPEB liability would be if it were calculated using healthcare cost trend rates that are one percentage point higher or one percentage point lower than the current healthcare cost trend rates:
1% Decrease Current Rate 1% Increase
Total OPEB Liability 1,268,123$ 1,344,639$ 1,419,171$
Healthcare Trend Rate
OPEB Expense and Deferred Outflows of Resources and Deferred Inflows of Resources Related to OPEB For the fiscal year ended June 30, 2019, the City recognized OPEB expense of $159,195. At June 30, 2019, the City's deferred outflows of resources and deferred inflows of resources related to OPEB from the following sources:
Deferred Outflows
of Resources
Deferred Inflows
of Resources
Change in assumptions 51,634$ (29,487)$
Amounts reported as deferred outflows of resources and deferred inflows of resources related to OPEB will be recognized in OPEB expense as follows:
Fiscal Year Ended
June 30
Deferred
Outflows/(Inflows) of
Resources
2020 3,016$
2021 3,016
2022 3,016
2023 5,409
2024 7,690
Total 22,147$
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CITY OF GRAND TERRACE NOTES TO FINANCIAL STATEMENTS (CONTINUED) YEAR ENDED JUNE 30, 2019
Note 9: Risk Management The City is a member of the California Joint Powers Insurance Authority (the "Authority"). The following joint venture disclosures are made in compliance with GASB Code Section J50.103:
a. Description of Self-Insurance Pool Pursuant to Joint Powers Agreement The City of Grand Terrace is a member of the California Joint Powers Insurance Authority (Authority). The Authority is composed of 116 California public entities and is organized under a joint powers agreement pursuant to California Government Code §6500 et seq. The purpose of the Authority is to arrange and administer programs for the pooling of self-insured losses, to purchase excess insurance or reinsurance, and to arrange for group
purchased insurance for property and other lines of coverage. The California JPIA began covering claims of its members in 1978. Each member government has an elected official
as its representative on the Board of Directors. The Board operates through a nine-member Executive Committee. b. Primary Self-Insurance Programs of the Authority
Each member pays an annual contribution at the beginning of the coverage period. A
retrospective adjustment is then conducted annually thereafter, for coverage years 2012-13 and prior. Coverage years 2013-14 and forward are not subject to routine annual
retrospective adjustment. The total funding requirement for primary self-insurance programs is based on an actuarial analysis. Costs are allocated to individual agencies
based on payroll and claims history, relative to other members of the risk-sharing pool.
Primary Liability Program
Claims are pooled separately between police and general government exposures. (1) The payroll of each member is evaluated relative to the payroll of other members.
A variable credibility factor is determined for each member, which establishes the weight applied to payroll and the weight applied to losses within the formula. (2) The
first layer of losses includes incurred costs up to $30,000 for each occurrence and is evaluated as a percentage of the pool’s total incurred costs within the first layer.
(3) The second layer of losses includes incurred costs from $30,000 to $750,000 for
each occurrence and is evaluated as a percentage of the pool’s total incurred costs within the second layer. (4) Incurred costs from $750,000 to $50 million, are distributed
based on the outcome of cost allocation within the first and second loss layers.
The overall coverage limit for each member, including all layers of coverage, is $50 million per occurrence. Subsidence losses have a sub-limit of $40 million per occurrence. The coverage structure includes retained risk that is pooled among members, reinsurance, and excess insurance. More detailed information about the
various layers of coverage is available on the following website: https://cjpia.org/protection/coverage-programs. Primary Workers’ Compensation Programs Claims are pooled separately between public safety (police and fire) and general government exposures. (1) The payroll of each member is evaluated relative to the payroll of other members. A variable credibility factor is determined for each member, which establishes the weight applied to payroll and the weight applied to losses within
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CITY OF GRAND TERRACE NOTES TO FINANCIAL STATEMENTS (CONTINUED) YEAR ENDED JUNE 30, 2019
Note 9: Risk Management (Continued) the formula. (2) The first layer of losses includes incurred costs up to $50,000 for each occurrence and is evaluated as a percentage of the pool’s total incurred costs within
the first layer. (3) The second layer of losses includes incurred costs from $50,000 to $100,000 for each occurrence and is evaluated as a percentage of the pool’s total incurred costs within the second layer. (4) Incurred costs from $100,000 to statutory limits are distributed based on the outcome of cost allocation within the first and second loss layers. For 2018-19 the Authority’s pooled retention is $2 million per occurrence, with reinsurance to statutory limits under California Workers’ Compensation Law.
Employer’s Liability losses are pooled among members to $2 million. Coverage from $2 million to $5 million is purchased as part of a reinsurance policy, and Employer’s
Liability losses from $5 million to $10 million are pooled among members. c. Purchased Insurance
Pollution Liability Insurance
The City of Grand Terrace participates in the pollution legal liability insurance program which is available through the Authority. The policy covers sudden and gradual
pollution of scheduled property, streets, and storm drains owned by the City of Grand Terrace. Coverage is on a claim’s made basis. There is a $50,000 deductible.
The Authority has an aggregate limit of $50 million for the 3-year period from July 1, 2017 through July 1, 2020. Each member of the Authority has a $10 million
sub-limit during the 3-year policy term.
Property Insurance
The City of Grand Terrace participates in the all-risk property protection program of the Authority. This insurance protection is underwritten by several insurance companies.
City of Grand Terrace property is currently insured according to a schedule of covered property submitted by the City of Grand Terrace to the Authority. City of Grand Terrace
property currently has all-risk property insurance protection in the amount of
$27,361,127. There is a $10,000 deductible per occurrence except for non-emergency vehicle insurance which has a $2,500 deductible.
Crime Insurance
The City of Grand Terrace purchases crime insurance coverage in the amount of $3,000,000 with a $2,500 deductible. The fidelity coverage is provided through the Authority.
d. Adequacy of Protection
During the past three fiscal years, none of the above programs of protection experienced
settlements or judgments that exceeded pooled or insured coverage. There were also no significant reductions in pooled or insured liability coverage in 2018-19.
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CITY OF GRAND TERRACE NOTES TO FINANCIAL STATEMENTS (CONTINUED) YEAR ENDED JUNE 30, 2019
Note 10: Commitments and Contingencies As of June 30, 2019, in the opinion of the City Administration and its legal counsel, there are no outstanding matters, which would have a material effect on the financial position of the City. The following material construction commitments existed at June 30, 2019:
Project Name
Contract
Amount
Expenditures to
date as of
June 30, 2019
Remaining
Commitments
Barton Road Streetscape 60,000$ $ 2,984 57,016$ Michigan Design & Row (Michigan Walkable Plan)74,509 5,614 68,895
Commerce Way - Real Estate Acquisition of private & remnant land 50,000 44,812 5,188 Commerce Way - Construction Mgmt & 3-D Modeling 237,030 67,825 169,205
Note 11: Fund Balance/ Net Position Restatement Governmental Funds/Government-wide activities The Dog Park Endowment Fund beginning fund balance was restated by $(13,119) to reclassify prior year miscellaneous revenue that should have be recorded as refundable deposits. The General Fund beginning fund balance was restated by $(33,677) to record prior year accrued interest on the advance between the General Fund and the Waste Water Disposal Fund. As a result, governmental activities beginning net position was restated by $(46,796). Enterprise/Business-type Activities The business-type activities beginning net position and the Waste Water Disposal Fund beginning net position were restated by $33,677 to record prior year accrued interest on the advance between the General Fund and the Waste Water Disposal Fund. Note 12: Proposition 218 Proposition 218, which was approved by the voters in November 1996, will regulate the City's
ability to impose, increase and extend taxes, assessments and fees. Any new, increased, or extended taxes, assessments, and fees subject to the provisions of Proposition 218 require voter approval before they can be implemented. Additionally, Proposition 218 provides that these taxes, assessments, and fees are subject to the voter initiative process and may be
rescinded in the future by the voters. Note 13: Successor Agency Private-Purpose Trust Fund to the Former Redevelopment Agency
On December 29, 2011, the California Supreme Court upheld Assembly Bill X1 26 (“the Bill”) that provides for the dissolution of all redevelopment agencies in the State of California. This action impacted the reporting entity of the City of Grand Terrace that previously had reported a redevelopment agency within the reporting entity of the City as a blended component unit.
The Bill provides that upon dissolution of a redevelopment agency, either the city or another unit of local government will agree to serve as the “successor agency” to hold the assets until
they are distributed to other units of state and local government.
After enactment of the law, which occurred on June 28, 2011, redevelopment agencies in the State of California cannot enter into new projects, obligations or commitments. Subject to the
control of a newly established oversight board, remaining assets can only be used to pay
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CITY OF GRAND TERRACE NOTES TO FINANCIAL STATEMENTS (CONTINUED) YEAR ENDED JUNE 30, 2019
Note 13: Successor Agency Private-Purpose Trust Fund to the Former Redevelopment Agency (Continued) enforceable obligations in existence at the date of dissolution (including the completion of any
unfinished projects that were subject to legally enforceable contractual commitments). In future fiscal years, successor agencies will only be allocated revenue in the amount that is necessary to pay the estimated annual installment payments on enforceable obligations of the former redevelopment agency until all enforceable obligations of the prior redevelopment agency have been paid in full and all assets have been liquidated. In accordance with the timeline set forth in the Bill (as modified by the California Supreme Court
on December 29, 2011) all redevelopment agencies in the State of California were dissolved and ceased to operate as a legal entity as of February 1, 2012. After the date of dissolution,
the assets and activities of the dissolved redevelopment agency are reported in a fiduciary fund (private purpose trust fund) in the financial statements of the City. Cash and Investments
As of June 30, 2019, cash and investments were reported in the accompanying financial
statements as follows:
Cash and investments 16,730,599$
Cash and investments with fiscal agent 1,764,350
Total Cash and Investments 18,494,949$ Long-Term Debt Long-term liability activity for the year ended June 30, 2019, was as follows: Beginning Ending Due Within
Balance Additions Deletions Balance One Year
Direct Borrowings:
Tax Allocation Bonds:
2011 Tax Allocation Bonds, Series A 13,425,000$ -$ 330,000$ 13,095,000$ 340,000$
2011 Tax Allocation Bonds, Series B 4,070,000 - 335,000 3,735,000 360,000
Discount on Bonds issued (109,714) - (9,110) (100,604) -
Total Bonds Payable 17,385,286$ -$ 655,890$ 16,729,396$ 700,000$
2011A Tax Allocation Bonds In June of 2011, the former CRA issued the $15,175,000 Community Redevelopment Project Area Tax Allocation Bonds, Issue of 2011A. The Bonds were issued to finance public improvement projects pursuant to the Redevelopment Plan and for other redevelopment activities of the Agency. Interest varies from 2.00% to 6.00% and is payable semiannually on March 1 and September 1, commencing September 1, 2011. Principal payments are due annually commencing September 1, 2012, through September 1, 2033. The Bonds are payable from and secured by a pledge of Tax Increment, less amounts required to make payments under the Pass-Through Agreements, annual debt service of the 2004 Bonds and the Housing Set-Aside amount.
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CITY OF GRAND TERRACE NOTES TO FINANCIAL STATEMENTS (CONTINUED) YEAR ENDED JUNE 30, 2019
Note 13: Successor Agency Private-Purpose Trust Fund to the Former Redevelopment Agency (Continued) The 2011A Tax Allocation Bond was transferred to the Successor Agency on
February 1, 2012, as a result of the Redevelopment Agency closure. The balance at June 30, 2019, amounted to $13,095,000. Debt service payments to maturity for the 2011A Tax Allocation Bonds are as follows:
Year Ending June 30 Principal Interest
2020 340,000$ 762,478$
2021 360,000 745,860
2022 380,000 726,990
2023 400,000 707,100
2024 420,000 684,300
2025-2029 3,805,000 2,925,750
2030-2034 7,390,000 1,160,100
Total 13,095,000$ 7,712,578$
2011B Tax Allocation Bonds In June of 2011, the former CRA issued the $5,650,000 Community Redevelopment Project Area Taxable Tax Allocation Bonds, Issue of 2011 B. The Bonds were issued for the purpose of acquiring land for resale and development in the Project Area. Interest varies from 7.10% to 7.70% and is payable semiannually on March 1 and September 1, commencing September 1, 2011. Principal payments are due annually commencing September 1, 2012 through September 1, 2026. The Bonds are payable from and secured by a pledge of Tax Increment, less amounts required to make payments under the Pass-Through Agreements, annual debt service of the 2004 Bonds and the Housing Set-Aside Amount. The 2011 B Tax Allocation Bond was transferred to the Successor Agency on February 1, 2012 as a result of the Redevelopment Agency closure. The balance at June 30, 2019, amounted to $3,735,000. Debt service payments to maturity for the 2011 B Taxable Tax Allocation Bonds are as follows: Year Ending June 30 Principal Interest
2020 360,000$ 270,345$
2021 385,000 243,898
2022 410,000 214,445
2023 440,000 181,720
2024 475,000 146,493
2025-2028 1,665,000 198,468
Total 3,735,000$ 1,255,369$
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CITY OF GRAND TERRACE NOTES TO FINANCIAL STATEMENTS (CONTINUED) YEAR ENDED JUNE 30, 2019
Note 13: Successor Agency Private-Purpose Trust Fund to the Former Redevelopment Agency (Continued) Pledged Tax Revenues
The City has pledged, as security for bonds issued, certain tax revenues for the repayment of Successor Agency bonds through final maturity on September 1, 2033, or earlier retirement, whichever occurs first. Tax revenues consist of tax increment revenues allocated to the Successor Agency pursuant to Section 33670 of the Redevelopment Law. Such Law excludes a portion of tax increment revenues required to be paid under Tax-Sharing Agreements unless the payment of such amounts has been subordinated to the payment of debt service on the Bonds. Assembly Bill 1X 26
provided that upon dissolution of the Redevelopment Agency, property taxes allocated to redevelopment agencies no longer are deemed tax increment but rather property tax
revenues and will be allocated first to local agency and school entity pursuant to any pass-through agreement, then second to successor agencies to make payments on the indebtedness incurred by the dissolved redevelopment agency. For the current year, the total property tax revenue recognized by the Successor Agency was $2,054,163 and the
debt service obligation on the bonds was $1,736,698. Note 14: Subsequent Event
In August 2019, the Successor Agency to the Community Redevelopment Agency defeased the Community Redevelopment Project Area, Tax Allocation bonds, Issues
2011A and 2011 B.
In December 2019, an outbreak of a novel strain of coronavirus (COVID-19) originated in China, and has since spread to a number of other countries, including the U.S. On
March 11, 2020, the World Health Organization characterized COVID-19 as a pandemic. In addition, several states in the U.S., including California, have declared a state of
emergency. On March 24, 2020, the City Council adopted Resolution 2020-05, ratifying the Declaration and Proclamation of a Local Emergency in response to COVID-19 in the
City of Grand Terrace, as issued by the City Manager in his capacity as Director of Emergency Services.
Potential impacts to the City’s future tax revenues include disruptions or restrictions on
City current employees' ability to work. The economic impacts associated with COVID-19 is difficult to predict at this point. On April 28, 2020, the City Council adopted
Resolution No. 2020-07 declaring a fiscal emergency related to the increase spread of COVID-19 and directing the City Manager to research, review and present to City Council
for approval budget cut to mitigate the fiscal impacts to the FY2019-20 and FY2020-21 budgets.
62
D.5.b
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CITY OF GRAND TERRACE
MISCELLANEOUS COST-SHARING PLAN
SCHEDULE OF PROPORTIONATE SHARE OF THE NET PENSION LIABILITY
AS OF JUNE 30, FOR THE LAST TEN FISCAL YEARS (1)
Measurement Date 2014 2015 2016 2017 2018
Miscellaneous Plan
Proportion of the Net Pension Liability 0.05190% 0.05638% 0.05243% 0.05107%0.05077%
Proportionate Share of the Net Pension Liability 3,229,236$ 3,870,057$ 4,536,720$ 5,064,768$ 4,891,935$
Covered Payroll 1,413,685$ 1,452,613$ 1,335,625$ 1,540,292$ 1,352,434$
Proportionate Share of the Net Pension Liability as
Percentage of Covered Payroll 228.43% 266.42% 339.67% 328.82%361.71%
Plan Fiduciary Net Position as a Percentage of the Total
Pension Liability 78.40%79.82%75.87%73.31%75.26%
Notes to Schedule:
Benefit Changes: No changes in benefits.
Changes of Assumptions: In 2017, the account discount rate was reduced from 7.65 percent to 7.15 percent. In 2018, demographic assumptions andinflation rate were changed in accorance to the CalPERS Experience study and Review of Actuarial Assumptions December 2017.
(1) Historical information is required only for measurement for which GASB Statement No. 68 is applicable. Fiscal Year 2015 was the first year of
implementation, therefore only five years are shown.
64
D.5.b
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CITY OF GRAND TERRACE
SCHEDULE OF PLAN CONTRIBUTIONS
2015 2016 2017 2018 2019
Miscellaneous Plan
Actuarially Determined Contribution 159,393$ 116,663$ 424,915$ 391,538$ 383,835$ Contribution in Relation to the Actuarially Determined Contribution (159,393) (116,663) (424,915) (391,538)(383,835)
Contribution Deficiency (Excess)-$ -$ -$ -$ -$
Covered Payroll 1,452,613$ 1,335,625$ 1,540,292$ 1,352,434$ 1,382,907$
Contributions as a Percentage of Covered Payroll 10.97%8.73% 27.59% 28.95%27.76%
Note to Schedule:
Valuation Date:June 30, 2016
Methods and assumptions used to determine contribution rates:Actuarial Cost Method
Amortization method Level percentage of payroll
Assets valuation method Market value
Discount rate
Payroll growth 3.00%
Inflation 2.75%
Projected salary increases Varies by entry age and service
Individual salary growth
MISCELLANEOUS COST-SHARING PLAN
AS OF JUNE 30, FOR THE LAST TEN FISCAL YEARS (1)
Entry age normal
(1) Historical information is required only for measurement for which GASB Statement No. 68 is applicable. Fiscal Year 2015 was the first year of implementation,
therefore only five years are shown.
A merit scale varying by duration of employment coupled with an assumed annual inflation growth of2.75% and an annual production growth of 0.25%.
7.15% (net of administrative expenses)
65
D.5.b
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CITY OF GRAND TERRACE
SCHEDULE OF CHANGES IN TOTAL OPEB LIABILITY AND RELATED RATIOS
AS OF JUNE 30, FOR THE LAST TEN FISCAL YEARS (1)
2018 2019
Total OPEB Liability
Service cost 169,316$ 107,552$
Interest on the total OPEB liability 51,629 48,506
Actual and expected experience difference --
Changes in assumptions (45,427)62,620
Changes in benefit terms (259,790)-
Benefit payments (45,629)(39,770)
Net Change in Total OPEB Liability (129,901)178,908
Total OPEB liability - beginning 1,295,632 1,165,731
Total OPEB Liability - Ending 1,165,731$ 1,344,639$
Covered-Employee Payroll 866,196$ 1,575,073$
Total OPEB Liability as a Percentage of Covered-Employee Payroll 135%85%
Notes to Schedule: None
(1) Historical information is required only for the measurement periods for which GASB 75 is applicable. Fiscal Year 2018 was the first year of
implementation. Future years' information will be displayed up to 10 years as information becomes available.
Changes in assumptions:The discount rate was changed from 3.58 percent to 3.87 percent for the measurement period endedJune 30, 2018. The discount rate was updated to 3.50% (Bond Buyer 20-Bond Index) based on municipal bond rate as of the measure date
June 30, 2019.
66
D.5.b
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CITY OF GRAND TERRACE
BUDGETARY COMPARISON SCHEDULE
GENERAL FUNDYEAR ENDED JUNE 30, 2019
Variance with
Final Budget
Budget Amounts Actual PositiveOriginal Final Amounts (Negative)
Budgetary Fund Balance, July 1, as restated 3,335,476$ 3,335,476$ 3,335,476$ -$
Resources (Inflows):Taxes 3,840,000 3,840,000 4,154,498 314,498
Intergovernmental 26,500 26,500 46,209 19,709
Charges for services 1,077,498 1,098,734 1,085,008 (13,726)
Use of money and property 392,000 392,000 421,284 29,284
Fines and forfeitures 71,500 96,500 96,293 (207)
Miscellaneous 85,800 120,366 63,043 (57,323)
Transfers in 27,352 27,352 2,379 (24,973)
Proceeds from sale of capital asset 80,000 80,000 - (80,000) Amounts Available for Appropriations 8,936,126 9,016,928 9,204,190 187,262
Charges to Appropriations (Outflow):
General government 1,364,794 1,455,205 1,454,187 (1,018)
Public safety 2,085,927 2,111,203 2,111,201 (2)
Cultural and recreation 854,800 778,956 750,807 (28,149) Public works 1,161,303 1,377,227 1,334,339 (42,888)
Capital outlay - 1,033,085 204,999 (828,086)
Transfers out 126,326 126,326 120,383 (5,943)
Total Charges to Appropriations 5,593,150 6,882,002 5,975,916 (906,086)
Budgetary Fund Balance, June 30 3,342,976$ 2,134,926$ 3,228,274$ 1,093,348$
See Notes to Required Supplementary Information 67
D.5.b
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CITY OF GRAND TERRACE
BUDGETARY COMPARISON SCHEDULE
STREET IMPROVEMENTYEAR ENDED JUNE 30, 2019
Variance with
Final Budget
Budget Amounts Actual Positive
Original Final Amounts (Negative)
Budgetary Fund Balance, July 1 545,179$ 545,179$ 545,179$ -$
Resources (Inflows):
Charges for services 48,000 48,000 89,519 41,519
Use of money and property - - 7,650 7,650 Amounts Available for Appropriations 593,179 593,179 642,348 49,169
Charges to Appropriations (Outflow):
Public works 47,380 - - -
Transfers out 565,000 600,959 30,771 570,188
Total Charges to Appropriations 612,380 600,959 30,771 570,188
Budgetary Fund Balance, June 30 (19,201)$ (7,780)$ 611,577$ 619,357$
See Notes to Required Supplementary Information 68
D.5.b
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CITY OF GRAND TERRACE
BUDGETARY COMPARISON SCHEDULE
HOUSING AUTHORITYYEAR ENDED JUNE 30, 2019
Variance with
Final Budget
Budget Amounts Actual Positive
Original Final Amounts (Negative)
Budgetary Fund Balance, July 1 1,919,672$ 1,919,672$ 1,919,672$ -$
Resources (Inflows):
Use of money and property - - 6,676 6,676
Miscellaneous 50,000 50,000 - (50,000)
Gain on sale of property - - 201,834 201,834
Amounts Available for Appropriations 1,969,672 1,969,672 2,128,182 158,510
Charges to Appropriations (Outflow):
Economic development 28,320 59,320 34,537 24,783
Total Charges to Appropriations 28,320 59,320 34,537 24,783
Budgetary Fund Balance, June 30 1,941,352$ 1,910,352$ 2,093,645$ 183,293$
See Notes to Required Supplementary Information 69
D.5.b
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D.5.b
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CITY OF GRAND TERRACE NOTES TO REQUIRED SUPPLEMENTARY INFORMATION FOR THE YEAR ENDED JUNE 30, 2019
Note 1: Budgetary Data
The annual budget is adopted by the City Council after the holding of a hearing and provides for the general operation of the City. The operating budget includes proposed expenditures and the means of financing them. The City Council approves total budgeted appropriations and any amendments to appropriations throughout the year. This "appropriated budget" (as defined by GASB Code Section 2400.109) covers City expenditures in all governmental funds, except for the Public Financing Authority Debt Service Fund. This entity does not adopt an annual
budget as effective budgetary control is achieved through bond indenture and other instrument provisions. Actual expenditures may not exceed budgeted appropriations at the fund level. Formal budgetary integration is employed as a management control device during the year. Commitments for materials and services, such as purchase orders and contracts, are
recorded as encumbrances to assist in controlling expenditures. Encumbrances and unencumbered appropriations lapse at year-end.
Annual budgets for the General and Special Revenue Funds are adopted on a basis consistent with accounting principles generally accepted in the United States of America. Accordingly, actual revenues and expenditures can be compared with related budgeted
amounts without any significant reconciling items.
Capital projects are budgeted through the Capital Project Funds. Appropriations for capital projects authorized, but not constructed or completed during the year, lapse at year-end,
and are then included as a part of appropriations in the following year's annual budget.
71
D.5.b
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CITY OF GRAND TERRACE
COMBINING BALANCE SHEET
NONMAJOR GOVERNMENTAL FUNDS JUNE 30, 2019
Assets:
Cash and investments 243,120$ 242,735$ 127,105$ 25,741$
Receivables:
Accounts Receivable - - - -
Due from other governments - - - -
Due from other funds - 9,000 9,000 -
Total Assets 243,120$ 251,735$ 136,105$ 25,741$
Liabilities, Deferred Inflows of Resources, and Fund Balances:
Liabilities:Accounts payable -$ -$ -$ -$ Refundable Deposits - - - -
Due to other funds - - - -
Total Liabilities - - - -
Deferred Inflows of Resources:
Unavailable revenues - - - -
Total Deferred Inflows of Resources - - - -
Fund Balances:
Restricted for: Community development projects - - 136,105 -
Public safety - - - 25,741
Public works - 251,735 - -
Child Care 243,120 - - -
Unassigned - - - -
Total Fund Balances 243,120 251,735 136,105 25,741
Total Liabilities, Deferred Inflows of Resources, and Fund Balances 243,120$ 251,735$ 136,105$ 25,741$
Special Revenue Funds
Child Care
Center
Storm Drain
Improvement
Park
Development
AB 3229 COPS
Fund
72
D.5.b
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CITY OF GRAND TERRACE
COMBINING BALANCE SHEET
NONMAJOR GOVERNMENTAL FUNDSJUNE 30, 2019
Assets:
Cash and investments
Receivables:
Accounts Receivable
Due from other governments
Due from other funds
Total Assets
Liabilities, Deferred Inflows of Resources, and Fund Balances:
Liabilities:Accounts payableRefundable Deposits
Due to other funds
Total Liabilities
Deferred Inflows of Resources:
Unavailable revenues
Total Deferred Inflows of Resources
Fund Balances:
Restricted for: Community development projects
Public safety
Public works
Child Care
Unassigned
Total Fund Balances
Total Liabilities, Deferred Inflows of Resources, and Fund Balances
(CONTINUED)
38,022$ 99,131$ 9,680$ 347,797$
- - - -
4,211 40,989 1,540 -
- - - 9,000
42,233$ 140,120$ 11,220$ 356,797$
-$ 19,836$ -$ -$ - - - -
- - - -
- 19,836 - -
- - - -
- - - -
- - - 356,797
- - - -
42,233 120,284 11,220 -
- - - -
- - - -
42,233 120,284 11,220 356,797
42,233$ 140,120$ 11,220$ 356,797$
Special Revenue Funds
Facilities
Development
Air Quality
Improvement State Gas Tax Traffic Safety
73
D.5.b
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CITY OF GRAND TERRACE
COMBINING BALANCE SHEET
NONMAJOR GOVERNMENTAL FUNDSJUNE 30, 2019
Assets:
Cash and investments
Receivables:
Accounts Receivable
Due from other governments
Due from other funds
Total Assets
Liabilities, Deferred Inflows of Resources, and Fund Balances:
Liabilities:Accounts payableRefundable Deposits
Due to other funds
Total Liabilities
Deferred Inflows of Resources:
Unavailable revenues
Total Deferred Inflows of Resources
Fund Balances:
Restricted for: Community development projects
Public safety
Public works
Child Care
Unassigned
Total Fund Balances
Total Liabilities, Deferred Inflows of Resources, and Fund Balances
-$ -$ 16,535$ 584,234$
- - - -
58,604 42,164 17 -
- - - -
58,604$ 42,164$ 16,552$ 584,234$
394$ 5,429$ 8,457$ 1,940$ - - - -
713 27,869 - -
1,107 33,298 8,457 1,940
18,266 42,164 - -
18,266 42,164 - -
- - - 582,294
- - - -
39,231 - 8,095 -
- - - -
- (33,298) - -
39,231 (33,298) 8,095 582,294
58,604$ 42,164$ 16,552$ 584,234$
Special Revenue Funds
Measure I CDBG
Special
Districts
Landscape &
Lighting
Spring
Mountain
Ranch
74
D.5.b
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CITY OF GRAND TERRACE
COMBINING BALANCE SHEET
NONMAJOR GOVERNMENTAL FUNDSJUNE 30, 2019
Assets:
Cash and investments
Receivables:
Accounts Receivable
Due from other governments
Due from other funds
Total Assets
Liabilities, Deferred Inflows of Resources, and Fund Balances:
Liabilities:Accounts payableRefundable Deposits
Due to other funds
Total Liabilities
Deferred Inflows of Resources:
Unavailable revenues
Total Deferred Inflows of Resources
Fund Balances:
Restricted for: Community development projects
Public safety
Public works
Child Care
Unassigned
Total Fund Balances
Total Liabilities, Deferred Inflows of Resources, and Fund Balances
(CONTINUED)
-$ 34,525$ 64,893$ -$
- 12,093 4,654 -
28,698 - - 46,628
- - - -
28,698$ 46,618$ 69,547$ 46,628$
-$ 990$ -$ -$ - - - -
19,596 - - 46,628
19,596 990 - 46,628
9,068 - - -
9,068 - - -
34 45,628 69,547 -
- - - -
- - - -
- - - -
- - - -
34 45,628 69,547 -
28,698$ 46,618$ 69,547$ 46,628$
Cal Recycle
Grant
Senior Bus
Program Fund
Special Revenue Funds
Public,
Educational &
Government
Access
Active
Transportation
Program
75
D.5.b
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CITY OF GRAND TERRACE
COMBINING BALANCE SHEET
NONMAJOR GOVERNMENTAL FUNDSJUNE 30, 2019
Assets:
Cash and investments
Receivables:
Accounts Receivable
Due from other governments
Due from other funds
Total Assets
Liabilities, Deferred Inflows of Resources, and Fund Balances:
Liabilities:Accounts payableRefundable Deposits
Due to other funds
Total Liabilities
Deferred Inflows of Resources:
Unavailable revenues
Total Deferred Inflows of Resources
Fund Balances:
Restricted for: Community development projects
Public safety
Public works
Child Care
Unassigned
Total Fund Balances
Total Liabilities, Deferred Inflows of Resources, and Fund Balances
-$ -$ 45,967$ -$
- - - -
- - - -
- - - -
-$ -$ 45,967$ -$
-$ -$ -$ -$ - - - -
- 41,643 - -
- 41,643 - -
- - - -
- - - -
- - - -
- - - -
- - 45,967 -
- - - -
- (41,643) - -
- (41,643) 45,967 -
-$ -$ 45,967$ -$
Capital
Improvement-
Streets
Barton / Colton
Bridge
Capital Projects Funds Special Revenue Funds
Highway Safety
Improvement
Program
Enhanced
Infrastructure
Financing
District
76
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CITY OF GRAND TERRACE
COMBINING BALANCE SHEET
NONMAJOR GOVERNMENTAL FUNDSJUNE 30, 2019
Assets:
Cash and investments
Receivables:
Accounts Receivable
Due from other governments
Due from other funds
Total Assets
Liabilities, Deferred Inflows of Resources, and Fund Balances:
Liabilities:Accounts payableRefundable Deposits
Due to other funds
Total Liabilities
Deferred Inflows of Resources:
Unavailable revenues
Total Deferred Inflows of Resources
Fund Balances:
Restricted for: Community development projects
Public safety
Public works
Child Care
Unassigned
Total Fund Balances
Total Liabilities, Deferred Inflows of Resources, and Fund Balances
(CONTINUED)
Permanent
Fund
1,354$ 158,286$ 847,892$ 20,896$
- - - -
- - - -
- - - -
1,354$ 158,286$ 847,892$ 20,896$
168$ -$ 15,007$ -$ - - - 20,896
- - - -
168 - 15,007 20,896
1,186 - - -
1,186 - - -
- - - -
- - - -
- 158,286 832,885 -
- - - -
- - - -
- 158,286 832,885 -
1,354$ 158,286$ 847,892$ 20,896$
Dog Park
Endowment
fund
Capital
Projects
Capital Project -
Parks
Capital
Projects -
Commerce Way
Project
Capital Projects Funds
77
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CITY OF GRAND TERRACE
COMBINING BALANCE SHEET
NONMAJOR GOVERNMENTAL FUNDSJUNE 30, 2019
Assets:
Cash and investments
Receivables:
Accounts Receivable
Due from other governments
Due from other funds
Total Assets
Liabilities, Deferred Inflows of Resources, and Fund Balances:
Liabilities:Accounts payableRefundable Deposits
Due to other funds
Total Liabilities
Deferred Inflows of Resources:
Unavailable revenues
Total Deferred Inflows of Resources
Fund Balances:
Restricted for: Community development projects
Public safety
Public works
Child Care
Unassigned
Total Fund Balances
Total Liabilities, Deferred Inflows of Resources, and Fund Balances
2,907,913$
16,747
222,851
27,000
3,174,511$
52,221$ 20,896
136,449
209,566
70,684
70,684
1,190,405
25,741
1,509,936
243,120
(74,941)
2,894,261
3,174,511$
Total
Governmental
Funds
78
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CITY OF GRAND TERRACE
COMBINING STATEMENT OF REVENUES,
EXPENDITURES AND CHANGES IN FUND BALANCES
NONMAJOR GOVERNMENTAL FUNDS
YEAR ENDED JUNE 30, 2019
Revenues:Taxes -$ -$ -$ -$ Licenses and permits - - - - Intergovernmental - - - 149,154
Charges for services - 44,680 217,230 -
Use of money and property 3,611 4,184 1,969 1,513 Fines and forfeitures - - - -
Miscellaneous - - - -
Total Revenues 3,611 48,864 219,199 150,667
Expenditures:
Current:
General government - - - -
Public safety - - - 150,050
Cultural and recreation 148,606 - - -
Public works - - - -
Capital outlay - - - -
Total Expenditures 148,606 - - 150,050
Excess (Deficiency) of Revenues Over (Under) Expenditures (144,995) 48,864 219,199 617
Other Financing Sources (Uses):Transfers in - - - - Transfers out - - (145,510) - Proceeds from sale of capital asset 850,000 - - -
Total Other Financing Sources
(Uses)850,000 - (145,510) -
Net Change in Fund Balances 705,005 48,864 73,689 617
Fund Balances, Beginning of Year, as
previously reported (461,885) 202,871 62,416 25,124
Restatements - - - -
Fund Balances, Beginning of Year, as restated (461,885) 202,871 62,416 25,124
Fund Balances, End of Year 243,120$ 251,735$ 136,105$ 25,741$
AB 3229 COPS
Fund
Child Care
Center
Storm Drain
Improvement
Park
Development
Special Revenue Funds
80
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CITY OF GRAND TERRACE
COMBINING STATEMENT OF REVENUES,
EXPENDITURES AND CHANGES IN FUND BALANCES
NONMAJOR GOVERNMENTAL FUNDS
YEAR ENDED JUNE 30, 2019
Revenues:TaxesLicenses and permitsIntergovernmental
Charges for services
Use of money and propertyFines and forfeitures
Miscellaneous
Total Revenues
Expenditures:
Current:
General government
Public safety
Cultural and recreation
Public works
Capital outlay
Total Expenditures
Excess (Deficiency) of Revenues Over (Under) Expenditures
Other Financing Sources (Uses):Transfers inTransfers outProceeds from sale of capital asset
Total Other Financing Sources
(Uses)
Net Change in Fund Balances
Fund Balances, Beginning of Year, as
previously reported
Restatements
Fund Balances, Beginning of Year, as restated
Fund Balances, End of Year
(CONTINUED)
Traffic Safety
-$ -$ -$ -$ - - - - 16,244 491,924 - -
- - - 35,520
1,041 1,583 150 6,229 - - 7,358 -
- - - -
17,285 493,507 7,508 41,749
- - - -
- - - -
- - - -
- 541,213 - -
55,075 - - -
55,075 541,213 - -
(37,790) (47,706) 7,508 41,749
- 109,858 - - (5,000) (86,110) - - - - - -
(5,000) 23,748 - -
(42,790) (23,958) 7,508 41,749
85,023 144,242 3,712 315,048
- - - -
85,023 144,242 3,712 315,048
42,233$ 120,284$ 11,220$ 356,797$
Air Quality
Improvement
Special Revenue Funds
State Gas Tax
Facilities
Development
81
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CITY OF GRAND TERRACE
COMBINING STATEMENT OF REVENUES,
EXPENDITURES AND CHANGES IN FUND BALANCES
NONMAJOR GOVERNMENTAL FUNDS
YEAR ENDED JUNE 30, 2019
Revenues:TaxesLicenses and permitsIntergovernmental
Charges for services
Use of money and propertyFines and forfeitures
Miscellaneous
Total Revenues
Expenditures:
Current:
General government
Public safety
Cultural and recreation
Public works
Capital outlay
Total Expenditures
Excess (Deficiency) of Revenues Over (Under) Expenditures
Other Financing Sources (Uses):Transfers inTransfers outProceeds from sale of capital asset
Total Other Financing Sources
(Uses)
Net Change in Fund Balances
Fund Balances, Beginning of Year, as
previously reported
Restatements
Fund Balances, Beginning of Year, as restated
Fund Balances, End of Year
Measure I
-$ -$ 19,464$ -$ - - - 155,750 217,131 35,000 - -
- - - -
1,947 44 181 9,348 - - 282 -
- - - -
219,078 35,044 19,927 165,098
- - - -
- - - -
- - - 1,940
635,144 42,164 17,140 -
- - - -
635,144 42,164 17,140 1,940
(416,066) (7,120) 2,787 163,158
- - - - - - - - - - - -
- - - -
(416,066) (7,120) 2,787 163,158
455,297 (26,178) 5,308 419,136
- - - -
455,297 (26,178) 5,308 419,136
39,231$ (33,298)$ 8,095$ 582,294$
CDBG
Special
Districts
Landscape &
Lighting
Spring
Mountain
Ranch
Special Revenue Funds
82
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CITY OF GRAND TERRACE
COMBINING STATEMENT OF REVENUES,
EXPENDITURES AND CHANGES IN FUND BALANCES
NONMAJOR GOVERNMENTAL FUNDS
YEAR ENDED JUNE 30, 2019
Revenues:TaxesLicenses and permitsIntergovernmental
Charges for services
Use of money and propertyFines and forfeitures
Miscellaneous
Total Revenues
Expenditures:
Current:
General government
Public safety
Cultural and recreation
Public works
Capital outlay
Total Expenditures
Excess (Deficiency) of Revenues Over (Under) Expenditures
Other Financing Sources (Uses):Transfers inTransfers outProceeds from sale of capital asset
Total Other Financing Sources
(Uses)
Net Change in Fund Balances
Fund Balances, Beginning of Year, as
previously reported
Restatements
Fund Balances, Beginning of Year, as restated
Fund Balances, End of Year
(CONTINUED)
-$ -$ -$ -$ - - - - 29,630 41,624 - 123,283
- 397 - -
- 590 984 - - - - -
- - 21,134 -
29,630 42,611 22,118 123,283
- - - -
- - - -
29,630 46,900 - 52,661
- - - -
- - - -
29,630 46,900 - 52,661
- (4,289) 22,118 70,622
- 15,000 - - - - - - - - - -
- 15,000 - -
- 10,711 22,118 70,622
34 34,917 47,429 (70,622)
- - - -
34 34,917 47,429 (70,622)
34$ 45,628$ 69,547$ -$
Cal Recycle
Grant
Senior Bus
Program Fund
Public,
Educational &
Government
Access
Active
Transportation
Program
Special Revenue Funds
83
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CITY OF GRAND TERRACE
COMBINING STATEMENT OF REVENUES,
EXPENDITURES AND CHANGES IN FUND BALANCES
NONMAJOR GOVERNMENTAL FUNDS
YEAR ENDED JUNE 30, 2019
Revenues:TaxesLicenses and permitsIntergovernmental
Charges for services
Use of money and propertyFines and forfeitures
Miscellaneous
Total Revenues
Expenditures:
Current:
General government
Public safety
Cultural and recreation
Public works
Capital outlay
Total Expenditures
Excess (Deficiency) of Revenues Over (Under) Expenditures
Other Financing Sources (Uses):Transfers inTransfers outProceeds from sale of capital asset
Total Other Financing Sources
(Uses)
Net Change in Fund Balances
Fund Balances, Beginning of Year, as
previously reported
Restatements
Fund Balances, Beginning of Year, as restated
Fund Balances, End of Year
-$ -$ -$ -$ - - - - 24,956 - - -
- - - -
- 21 19,228 - - - - -
- - - -
24,956 21 19,228 -
- 8,100 - -
- - - -
- - - -
- - 86,110 -
24,956 - - -
24,956 8,100 86,110 -
- (8,079) (66,882) -
- - 86,110 - - - (892,574) (2,379) - - - -
- - (806,464) (2,379)
- (8,079) (873,346) (2,379)
- (33,564) 919,313 2,379
- - - -
- (33,564) 919,313 2,379
-$ (41,643)$ 45,967$ -$
Highway Safety
Improvement
Program
Enhanced
Infrastructure
Financing
District
Capital
Improvement-
Streets
Barton / Colton
Bridge
Capital Projects Funds Special Revenue Funds
84
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CITY OF GRAND TERRACE
COMBINING STATEMENT OF REVENUES,
EXPENDITURES AND CHANGES IN FUND BALANCES
NONMAJOR GOVERNMENTAL FUNDS
YEAR ENDED JUNE 30, 2019
Revenues:TaxesLicenses and permitsIntergovernmental
Charges for services
Use of money and propertyFines and forfeitures
Miscellaneous
Total Revenues
Expenditures:
Current:
General government
Public safety
Cultural and recreation
Public works
Capital outlay
Total Expenditures
Excess (Deficiency) of Revenues Over (Under) Expenditures
Other Financing Sources (Uses):Transfers inTransfers outProceeds from sale of capital asset
Total Other Financing Sources
(Uses)
Net Change in Fund Balances
Fund Balances, Beginning of Year, as
previously reported
Restatements
Fund Balances, Beginning of Year, as restated
Fund Balances, End of Year
(CONTINUED)
Permanent
Funds
-$ -$ -$ -$ - - - - - - 75,221 -
- - - -
- 3,335 - - - - - -
1,446 - - -
1,446 3,335 75,221 -
- - - -
- - - -
- - - -
1,446 - - -
- 102,535 165,681 -
1,446 102,535 165,681 -
- (99,200) (90,460) -
525 145,510 923,345 - - - - - - - - -
525 145,510 923,345 -
525 46,310 832,885 -
(525) 111,976 - 13,119
- - - (13,119)
(525) 111,976 - -
-$ 158,286$ 832,885$ -$
Capital
Projects
Capital Project -
Parks
Capital
Projects -
Commerce Way
Project
Capital Projects Funds
Dog Park
Endowment
fund
85
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CITY OF GRAND TERRACE
COMBINING STATEMENT OF REVENUES,
EXPENDITURES AND CHANGES IN FUND BALANCES
NONMAJOR GOVERNMENTAL FUNDS
YEAR ENDED JUNE 30, 2019
Revenues:TaxesLicenses and permitsIntergovernmental
Charges for services
Use of money and propertyFines and forfeitures
Miscellaneous
Total Revenues
Expenditures:
Current:
General government
Public safety
Cultural and recreation
Public works
Capital outlay
Total Expenditures
Excess (Deficiency) of Revenues Over (Under) Expenditures
Other Financing Sources (Uses):Transfers inTransfers outProceeds from sale of capital asset
Total Other Financing Sources
(Uses)
Net Change in Fund Balances
Fund Balances, Beginning of Year, as
previously reported
Restatements
Fund Balances, Beginning of Year, as restated
Fund Balances, End of Year
19,464$ 155,750 1,204,167
297,827
55,958 7,640
22,580
1,763,386
8,100
150,050
279,737
1,323,217
348,247
2,109,351
(345,965)
1,280,348 (1,131,573) 850,000
998,775
652,810
2,254,570
(13,119)
2,241,451
2,894,261$
Total
Governmental
Funds
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CITY OF GRAND TERRACE
BUDGETARY COMPARISON SCHEDULE
CHILD CARE CENTERYEAR ENDED JUNE 30, 2019
Variance with
Final Budget
Budget Amounts Actual Positive
Original Final Amounts (Negative)
Budgetary Fund Balance, July 1 (461,885)$ (461,885)$ (461,885)$ -$
Resources (Inflows):
Use of money and property - - 3,611 3,611
Proceeds from sale of capital asset - - 850,000 850,000
Amounts Available for Appropriations (461,885) (461,885) 391,726 853,611
Charges to Appropriations (Outflow):
Cultural and recreation - 150,000 148,606 1,394
Total Charges to Appropriations - 150,000 148,606 1,394
Budgetary Fund Balance, June 30 (461,885)$ (611,885)$ 243,120$ 855,005$
87
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CITY OF GRAND TERRACE
BUDGETARY COMPARISON SCHEDULE
STORM DRAIN IMPROVEMENTYEAR ENDED JUNE 30, 2019
Variance with
Final Budget
Budget Amounts Actual Positive
Original Final Amounts (Negative)
Budgetary Fund Balance, July 1 202,871$ 202,871$ 202,871$ -$
Resources (Inflows):
Charges for services 13,250 13,250 44,680 31,430
Use of money and property - - 4,184 4,184
Amounts Available for Appropriations 216,121 216,121 251,735 35,614
Charges to Appropriation (Outflow):
Public works 19,570 - - -
Capital outlay 50,000 50,000 - 50,000
Total Charges to Appropriations 69,570 50,000 - 50,000
Budgetary Fund Balance, June 30 146,551$ 166,121$ 251,735$ 85,614$
88
D.5.b
Packet Pg. 172
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CITY OF GRAND TERRACE
BUDGETARY COMPARISON SCHEDULE
PARK DEVELOPMENTYEAR ENDED JUNE 30, 2019
Variance with
Final Budget
Budget Amounts Actual Positive
Original Final Amounts (Negative)
Budgetary Fund Balance, July 1 62,416$ 62,416$ 62,416$ -$
Resources (Inflows):
Charges for services 89,400 89,400 217,230 127,830
Use of money and property - - 1,969 1,969
Amounts Available for Appropriations 151,816 151,816 281,615 129,799
Charges to Appropriations (Outflow):Cultural and recreation 1,250 - - -
Public works 22,190 - - -
Transfers out 185,000 185,000 145,510 39,490
Total Charges to Appropriations 208,440 185,000 145,510 39,490
Budgetary Fund Balance, June 30 (56,624)$ (33,184)$ 136,105$ 169,289$
89
D.5.b
Packet Pg. 173
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CITY OF GRAND TERRACE
BUDGETARY COMPARISON SCHEDULE
AB 3229 COPS FUNDYEAR ENDED JUNE 30, 2019
Variance with
Final Budget
Budget Amounts Actual Positive
Original Final Amounts (Negative)
Budgetary Fund Balance, July 1 25,124$ 25,124$ 25,124$ -$
Resources (Inflows):
Intergovernmental 100,050 149,050 149,154 104
Use of money and property - 1,000 1,513 513
Amounts Available for Appropriations 125,174 175,174 175,791 617
Charges to Appropriations (Outflow):
Public safety 100,050 150,050 150,050 -
Total Charges to Appropriations 100,050 150,050 150,050 -
Budgetary Fund Balance, June 30 25,124$ 25,124$ 25,741$ 617$
90
D.5.b
Packet Pg. 174
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CITY OF GRAND TERRACE
BUDGETARY COMPARISON SCHEDULE
AIR QUALITY IMPROVEMENTYEAR ENDED JUNE 30, 2019
Variance with
Final Budget
Budget Amounts Actual Positive
Original Final Amounts (Negative)
Budgetary Fund Balance, July 1 85,023$ 85,023$ 85,023$ -$
Resources (Inflows):
Intergovernmental 13,000 13,000 16,244 3,244
Use of money and property - - 1,041 1,041
Amounts Available for Appropriations 98,023 98,023 102,308 4,285
Charges to Appropriations (Outflow):
Public works 10,500 10,500 - 10,500
Capital outlay 55,100 55,100 55,075 25
Transfers out 5,000 5,000 5,000 -
Total Charges to Appropriations 70,600 70,600 60,075 10,525
Budgetary Fund Balance, June 30 27,423$ 27,423$ 42,233$ 14,810$
91
D.5.b
Packet Pg. 175
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CITY OF GRAND TERRACE
BUDGETARY COMPARISON SCHEDULE
STATE GAS TAXYEAR ENDED JUNE 30, 2019
Variance with
Final Budget
Budget Amounts Actual Positive
Original Final Amounts (Negative)
Budgetary Fund Balance, July 1 144,242$ 144,242$ 144,242$ -$
Resources (Inflows):
Intergovernmental 505,600 505,600 491,924 (13,676)
Use of money and property 14,200 14,200 1,583 (12,617)
Transfers in 90,800 90,800 109,858 19,058
Amounts Available for Appropriations 754,842 754,842 747,607 (7,235)
Charges to Appropriations (Outflow):
Public works 608,880 541,294 541,213 81
Transfers out - 117,000 86,110 30,890
Total Charges to Appropriations 608,880 658,294 627,323 30,971
Budgetary Fund Balance, June 30 145,962$ 96,548$ 120,284$ 23,736$
92
D.5.b
Packet Pg. 176
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CITY OF GRAND TERRACE
BUDGETARY COMPARISON SCHEDULE
TRAFFIC SAFETYYEAR ENDED JUNE 30, 2019
Variance with
Final Budget
Budget Amounts Actual Positive
Original Final Amounts (Negative)
Budgetary Fund Balance, July 1 3,712$ 3,712$ 3,712$ -$
Resources (Inflows):
Use of money and property - - 150 150
Fines and forfeitures 6,000 6,000 7,358 1,358
Amounts Available for Appropriations 9,712 9,712 11,220 1,508
Budgetary Fund Balance, June 30 9,712$ 9,712$ 11,220$ 1,508$
93
D.5.b
Packet Pg. 177
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CITY OF GRAND TERRACE
BUDGETARY COMPARISON SCHEDULE
FACILITIES DEVELOPMENTYEAR ENDED JUNE 30, 2019
Variance with
Final Budget
Budget Amounts Actual Positive
Original Final Amounts (Negative)
Budgetary Fund Balance, July 1 315,048$ 315,048$ 315,048$ -$
Resources (Inflows):
Charges for services 20,000 20,000 35,520 15,520
Use of money and property - - 6,229 6,229
Amounts Available for Appropriations 335,048 335,048 356,797 21,749
Charges to Appropriation (Outflow):
Cultural and recreation 90,020 80,000 - 80,000
Total Charges to Appropriations 90,020 80,000 - 80,000
Budgetary Fund Balance, June 30 245,028$ 255,048$ 356,797$ 101,749$
94
D.5.b
Packet Pg. 178
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CITY OF GRAND TERRACE
BUDGETARY COMPARISON SCHEDULE
MEASURE IYEAR ENDED JUNE 30, 2019
Variance with
Final Budget
Budget Amounts Actual Positive
Original Final Amounts (Negative)
Budgetary Fund Balance, July 1 455,297$ 455,297$ 455,297$ -$
Resources (Inflows):
Intergovernmental 193,000 193,000 217,131 24,131
Use of money and property - - 1,947 1,947
Amounts Available for Appropriations 648,297 648,297 674,375 26,078
Charges to Appropriations (Outflow):
Public works 63,000 663,940 635,144 28,796
Capital outlay 130,000 12,239 - 12,239
Total Charges to Appropriations 193,000 676,179 635,144 41,035
Budgetary Fund Balance, June 30 455,297$ (27,882)$ 39,231$ 67,113$
95
D.5.b
Packet Pg. 179
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CITY OF GRAND TERRACE
BUDGETARY COMPARISON SCHEDULE
CDBGYEAR ENDED JUNE 30, 2019
Variance with
Final Budget
Budget Amounts Actual Positive
Original Final Amounts (Negative)
Budgetary Fund Balance, July 1 (26,178)$ (26,178)$ (26,178)$ -$
Resources (Inflows):
Intergovernmental 47,876 47,876 35,000 (12,876)
Use of money and property - - 44 44
Amounts Available for Appropriations 21,698 21,698 8,866 (12,832)
Charges to Appropriations (Outflow):
Public works 47,876 47,876 42,164 5,712
Total Charges to Appropriations 47,876 47,876 42,164 5,712
Budgetary Fund Balance, June 30 (26,178)$ (26,178)$ (33,298)$ (7,120)$
96
D.5.b
Packet Pg. 180
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CITY OF GRAND TERRACE
BUDGETARY COMPARISON SCHEDULE
SPECIAL DISTRICTS LANDSCAPE & LIGHTINGYEAR ENDED JUNE 30, 2019
Variance with
Final Budget
Budget Amounts Actual Positive
Original Final Amounts (Negative)
Budgetary Fund Balance, July 1 5,308$ 5,308$ 5,308$ -$
Resources (Inflows):
Taxes 19,440 19,440 19,464 24
Use of money and property - - 181 181
Fines and forfeitures - - 282 282
Amounts Available for Appropriations 24,748 24,748 25,235 487
Charges to Appropriations (Outflow):
Public works 19,440 19,440 17,140 2,300
Total Charges to Appropriations 19,440 19,440 17,140 2,300
Budgetary Fund Balance, June 30 5,308$ 5,308$ 8,095$ 2,787$
97
D.5.b
Packet Pg. 181
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CITY OF GRAND TERRACE
BUDGETARY COMPARISON SCHEDULE
SPRING MOUNTAIN RANCH
YEAR ENDED JUNE 30, 2019
Variance with Final BudgetBudget Amounts Actual PositiveOriginal Final Amounts (Negative)Budgetary Fund Balance, July 1 419,136$ 419,136$ 419,136$ -$ Resources (Inflows):Licenses and permits - - 155,750 155,750 Use of money and property 3,000 3,000 9,348 6,348
Amounts Available for Appropriations 422,136 422,136 584,234 162,098
Charges to Appropriation (Outflow):
Cultural and recreation - - 1,940 (1,940)
Total Charges to Appropriations - - 1,940 (1,940)
Budgetary Fund Balance, June 30 422,136$ 422,136$ 582,294$ 160,158$
98
D.5.b
Packet Pg. 182
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CITY OF GRAND TERRACE
BUDGETARY COMPARISON SCHEDULE
CAL RECYCLE GRANTYEAR ENDED JUNE 30, 2019
Variance with Final BudgetBudget Amounts Actual PositiveOriginal Final Amounts (Negative)Budgetary Fund Balance, July 1, as restated 34$ 34$ 34$ -$ Resources (Inflows):Intergovernmental 5,000 73,484 29,630 (43,854)
Amounts Available for Appropriations 5,034 73,518 29,664 (43,854)
Charges to Appropriation (Outflow):Cultural and recreation - 68,484 29,630 38,854 Capital outlay 5,000 5,000 - 5,000
Total Charges to Appropriations 5,000 73,484 29,630 43,854
Budgetary Fund Balance, June 30 34$ 34$ 34$ -$
99
D.5.b
Packet Pg. 183
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CITY OF GRAND TERRACE
BUDGETARY COMPARISON SCHEDULE
SENIOR BUS PROGRAM FUNDYEAR ENDED JUNE 30, 2019
Variance with Final BudgetBudget Amounts Actual PositiveOriginal Final Amounts (Negative)Budgetary Fund Balance, July 1 34,917$ 34,917$ 34,917$ -$ Resources (Inflows):Intergovernmental 22,160 22,160 41,624 19,464 Charges for services 240 240 397 157 Use of money and property 50 50 590 540
Transfers in 15,000 15,000 15,000 -
Amounts Available for Appropriations 72,367 72,367 92,528 20,161
Charges to Appropriation (Outflow):Cultural and recreation 37,450 37,450 46,900 (9,450)
Total Charges to Appropriations 37,450 37,450 46,900 (9,450)
Budgetary Fund Balance, June 30 34,917$ 34,917$ 45,628$ 10,711$
100
D.5.b
Packet Pg. 184
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CITY OF GRAND TERRACE
BUDGETARY COMPARISON SCHEDULE
PUBLIC, EDUCATIONAL & GOVERNMENT ACCESSYEAR ENDED JUNE 30, 2019
Variance with Final BudgetBudget Amounts Actual PositiveOriginal Final Amounts (Negative)Budgetary Fund Balance, July 1 47,429$ 47,429$ 47,429$ -$ Resources (Inflows):Use of money and property - - 984 984 Miscellaneous 21,500 21,500 21,134 (366)
Amounts Available for Appropriations 68,929 68,929 69,547 618
Charges to Appropriation (Outflow):Capital outlay 21,500 21,500 - 21,500
Total Charges to Appropriations 21,500 21,500 - 21,500
Budgetary Fund Balance, June 30 47,429$ 47,429$ 69,547$ 22,118$
101
D.5.b
Packet Pg. 185
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CITY OF GRAND TERRACE
BUDGETARY COMPARISON SCHEDULE
ACTIVE TRANSPORTATION PROGRAM
YEAR ENDED JUNE 30, 2019
Variance with Final BudgetBudget Amounts Actual PositiveOriginal Final Amounts (Negative)Budgetary Fund Balance, July 1 (70,622)$ (70,622)$ (70,622)$ -$ Resources (Inflows):
Intergovernmental 120,000 120,000 123,283 3,283
Amounts Available for Appropriations 49,378 49,378 52,661 3,283
Charges to Appropriation (Outflow):Cultural and recreation 119,810 119,810 52,661 67,149
Total Charges to Appropriations 119,810 119,810 52,661 67,149
Budgetary Fund Balance, June 30 (70,432)$ (70,432)$ -$ 70,432$
102
D.5.b
Packet Pg. 186
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CITY OF GRAND TERRACE
BUDGETARY COMPARISON SCHEDULE
HIGHWAY SAFETY IMPROVEMENT PROGRAMYEAR ENDED JUNE 30, 2019
Variance with Final BudgetBudget Amounts Actual PositiveOriginal Final Amounts (Negative)Budgetary Fund Balance, July 1 -$ -$ -$ -$ Resources (Inflows):Intergovernmental 235,000 235,000 24,956 (210,044)
Amounts Available for Appropriations 235,000 235,000 24,956 (210,044)
Charges to Appropriation (Outflow):Public works 34,690 - - - Capital outlay 200,000 200,000 24,956 175,044
Total Charges to Appropriations 234,690 200,000 24,956 175,044
Budgetary Fund Balance, June 30 310$ 35,000$ -$ (35,000)$
103
D.5.b
Packet Pg. 187
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CITY OF GRAND TERRACE
BUDGETARY COMPARISON SCHEDULE
CAPITAL IMPROVEMENT- STREETSYEAR ENDED JUNE 30, 2019
Variance with
Final Budget
Budget Amounts Actual Positive
Original Final Amounts (Negative)
Budgetary Fund Balance, July 1 919,313$ 919,313$ 919,313$ -$
Resources (Inflows):
Use of money and property - - 19,228 19,228
Transfers in 565,000 718,365 86,110 (632,255)
Amounts Available for Appropriations 1,484,313 1,637,678 1,024,651 (613,027)
Charges to Appropriations (Outflow):
Public works - 117,406 86,110 31,296 Capital outlay 550,000 550,000 - 550,000
Transfers out - - 892,574 (892,574)
Total Charges to Appropriations 550,000 667,406 978,684 (311,278)
Budgetary Fund Balance, June 30 934,313$ 970,272$ 45,967$ (924,305)$
104
D.5.b
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CITY OF GRAND TERRACE
BUDGETARY COMPARISON SCHEDULE
BARTON / COLTON BRIDGEYEAR ENDED JUNE 30, 2019
Variance with
Final Budget
Budget Amounts Actual Positive
Original Final Amounts (Negative)
Budgetary Fund Balance, July 1 2,379$ 2,379$ 2,379$ -$
Charges to Appropriation (Outflow):
Transfers out 2,352 2,352 2,379 (27)
Total Charges to Appropriations 2,352 2,352 2,379 (27)
Budgetary Fund Balance, June 30 27$ 27$ -$ (27)$
105
D.5.b
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CITY OF GRAND TERRACE
BUDGETARY COMPARISON SCHEDULE
CAPITAL PROJECTSYEAR ENDED JUNE 30, 2019
Variance with
Final Budget
Budget Amounts Actual Positive
Original Final Amounts (Negative)
Budgetary Fund Balance, July 1 (525)$ (525)$ (525)$ -$
Resources (Inflows):
Miscellaneous - - 1,446 1,446
Transfers in 525 525 525 -
Amounts Available for Appropriations - - 1,446 1,446
Charges to Appropriation (Outflow):
Public works - - 1,446 (1,446)
Total Charges to Appropriations - - 1,446 (1,446)
Budgetary Fund Balance, June 30 -$ -$ -$ -$
106
D.5.b
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CITY OF GRAND TERRACE
BUDGETARY COMPARISON SCHEDULE
CAPITAL PROJECT - PARKSYEAR ENDED JUNE 30, 2019
Variance with Final BudgetBudget Amounts Actual Positive
Original Final Amounts (Negative)
Budgetary Fund Balance, July 1 111,976$ 111,976$ 111,976$ -$ Resources (Inflows):
Use of money and property - - 3,335 3,335
Transfers in 185,000 185,000 145,510 (39,490)
Amounts Available for Appropriations 296,976 296,976 260,821 (36,155)
Charges to Appropriation (Outflow):Capital outlay 150,000 205,623 102,535 103,088
Total Charges to Appropriations 150,000 205,623 102,535 103,088
Budgetary Fund Balance, June 30 146,976$ 91,353$ 158,286$ 66,933$
107
D.5.b
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CITY OF GRAND TERRACE
BUDGETARY COMPARISON SCHEDULE
CAPITAL PROJECTS - COMMERCE WAY PROJECT YEAR ENDED JUNE 30, 2019
Variance with Final BudgetBudget Amounts Actual Positive
Original Final Amounts (Negative)
Budgetary Fund Balance, July 1 -$ -$ -$ -$
Resources (Inflows):
Intergovernmental - - 75,221 75,221
Transfers in - - 923,345 923,345
Amounts Available for Appropriations - - 998,566 998,566
Charges to Appropriation (Outflow):
Capital outlay - 968,683 165,681 803,002
Total Charges to Appropriations - 968,683 165,681 803,002
Budgetary Fund Balance, June 30 -$ (968,683)$ 832,885$ 1,801,568$
108
D.5.b
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CITY OF GRAND TERRACE
COMBINING STATEMENT OF ASSETS AND LIABILITIES
ALL AGENCY FUNDSJUNE 30, 2019
Totals
Assets:Cash and investments 675,528$ 89,177$ 764,705$ Due from other governments 3,572 - 3,572
Total Assets 679,100$ 89,177$ 768,277$
Liabilities:Accounts payable 8,752$ -$ 8,752$ Deposits payable 670,348 89,177 759,525
Total Liabilities 679,100$ 89,177$ 768,277$
Refundable
Deposits Trust
Fund
Employees
Deferred Comp
Trust Fund
109
D.5.b
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CITY OF GRAND TERRACE
COMBINING STATEMENT OF CHANGES IN ASSETS AND LIABILITIESALL AGENCY FUNDSYEAR ENDED JUNE 30, 2019
Balance Balance
July 1, 2018 Additions Deductions June 30, 2019
Refundable Deposits Trust Fund
Assets:
Cash and investments 427,513$ 441,915$ 193,900$ 675,528$
Due from other governments - 3,572 - 3,572
Total Assets 427,513$ 445,487$ 193,900$ 679,100$
Liabilities:
Accounts payable 493$ 74,487$ 66,228$ 8,752$
Deposits payable 427,020 435,389 192,061 670,348
Total Liabilities 427,513$ 509,876$ 258,289$ 679,100$
Employees Deferred Comp Trust Fund
Assets:
Cash and investments 85,882$ 3,295$ -$ 89,177$
Total Assets 85,882$ 3,295$ -$ 89,177$
Liabilities:Deposits payable 85,882$ 3,295$ -$ 89,177$
Total Liabilities 85,882$ 3,295$ -$ 89,177$
Totals - All Agency Funds
Assets:
Cash and investments 513,395$ 445,210$ 193,900$ 764,705$ Due from other governments - 3,572 - 3,572
Total Assets 513,395$ 448,782$ 193,900$ 768,277$
Liabilities:
Accounts payable 493$ 74,487$ 66,228$ 8,752$
Deposits payable 512,902 438,684 192,061 759,525
Total Liabilities 513,395$ 513,171$ 258,289$ 768,277$
110
D.5.b
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City of Grand Terrace Fiscal Policy Policy No. 3.01.01
Subject: Purchasing Effective Date: 5/13/14
Page 1 of 6
PURPOSE: The purpose of this policy is to ensure that the City’s purchasing practices are
carried out in accordance with the Purchasing Ordinance, which was approved by the City Council on November 27, 2012. DEFINITIONS: Notice Inviting Bids: A document issued to specified potential bidders, or
posted on the City’s website, inviting bids for specified merchandise or service. The subsequent contract is generally awarded to the lowest responsible bidder. Purchase Order: A document which authorizes the delivery of specified merchandise or the rendering of certain service and the making of a charge for
such merchandise or service. Purchase Requisition: A document submitted by a department requesting approval to purchase specified merchandise or service. Upon its approval, a Purchase Order is issued to the selected vendor or service provider. Purchasing Officer: The Purchasing Ordinance designates a Purchasing Officer, to be appointed by the City Manager. The City Manager has currently appointed the City’s Finance Director as the Purchasing Officer. Under the direction of this position, the Finance Department is charged with the responsibility of administering the Purchasing Ordinance. Request for Proposals (RFP): A document issued to specified potential service providers, or posted on the City’s website, requesting proposals for services. The subsequent contract is awarded based on a number of factors including professional expertise, experience, service level, references and pricing. Consideration of factors other than pricing differentiates an RFP
process from a “Notice Inviting Bids” process.
POLICY & PROCEDURES: I. Informal Purchases ($0 - $500)
The following procedures apply:
A. Funds must be budgeted for the goods or services to be purchased.
B. A Purchase Order (P.O.) is not required for purchases.
C. Price quotes are not required for purchases, although they are encouraged when
easily obtainable.
D. Payment for purchases is made by submitting a Request for Payment form with approval by the applicable Department Head or designee (per the Authorized Approval Listing).
E. Use of City credit card or petty cash may be appropriate for certain low-value purchases, with separate guidelines applying to these purchases.
D.5.b
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City of Grand Terrace Fiscal Policy Policy No. 3.01.01
Subject: Purchasing Effective Date: 5/13/14
Page 2 of 6
II. Informal Purchases ($501 - $1,000)
The following procedures apply:
A. Funds must be budgeted for the goods or services to be purchased. B. A Purchase Order (P.O.) is required for purchases. C. Price quotes are not required for purchases, although they are encouraged when easily obtainable. D. Payment for purchases is made by submitting a Purchase Requisition form with approval by the applicable Department Head or designee (per the Authorized Approval Listing).
E. Approval from the City Manager is required. III. Open Market Purchases ($1,001 - $10,000)
The following procedures apply:
A. Funds must be budgeted for the goods or services to be purchased.
B. Three (3) informal price quotes must be obtained.
C. A Purchase Requisition must be submitted to Finance by the requesting
department with the price quotes attached as back-up. Purchase Requisitions require approval of the applicable Department Head or designee (per the Authorized Approval Listing).
D. Following Finance review of the Purchase Requisition, a P.O. will be issued by Finance and mailed to the vendor, with a copy returned to the originating department. Funds will also be encumbered in the financial system at this time. (Note: P.O.s are signed by the Finance Director signifying that funds are available and that the purchasing requirements have been met.)
E. Invoices to be paid against an approved P.O. do not require a Request for Payment form. Instead, to expedite processing, an approval stamp may be utilized on the invoice referencing the applicable P.O. (The account code to be
charged does not need to be referenced on the invoice unless the P.O. is allocated to multiple account numbers, as the invoice will be charged per the P.O.) Department Head or designee signature is required on the invoice (per the
Authorized Approval Listing).
IV. Formal Purchases (over $10,000)
The following procedures apply:
A. Funds must be budgeted for the goods or services to be purchased.
B. Formal contracting procedures must be followed as enumerated in Section 3.24.080 of the Purchasing Ordinance, including:
D.5.b
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City of Grand Terrace Fiscal Policy Policy No. 3.01.01
Subject: Purchasing Effective Date: 5/13/14
Page 3 of 6
1. Notice Inviting Bid
2. Bidders’ List 3. Bidders’ Security 4. Bid Opening Procedure 5. Performance Bonds as applicable 6. Formal Award of Contract by the City Council C. Following award of contract, a Purchase Requisition should be submitted by the applicable department, with a copy of the executed contract and City Council staff report attached as backup. Purchase Requisitions require approval of the applicable Department Head or designee (per the Authorized Approval Listing).
D. Following Finance review of the Purchase Requisition, a P.O. will be issued by Finance and mailed to the vendor, with a copy returned to the originating department. Funds will also be encumbered in the financial system at this time. (Note: P.O.s are signed by the Finance Director signifying that funds are available and that the purchasing requirements have been met.) E. Invoices to be paid against an approved P.O. do not require a Request for
Payment form. Instead, to expedite processing, an approval stamp may be utilized on the invoice referencing the applicable P.O. number. (The account code to be charged does not need to be referenced on the invoice unless the P.O. is allocated to multiple account numbers, as the invoice will be charged per the P.O.) Department Head or designee signature is required on the invoice (per the Authorized Approval Listing). V. Professional Services A. Professional Services are not awarded via formal bidding, since there are a number of factors other than pricing used to determine the company that is best suited to provide the service. Such factors include professional expertise, experience, service level and references.
B. Although not formally bid, it is recommended that professional services with an expected value greater than $10,000 utilize a competitive selection process via a Request for Proposals (RFP).
C. RFPs should be posted on the City’s web page and distributed to known companies with expertise in the applicable service area. Generally, at least 30 days should be allowed for proposal submittal following the RFP issuance date. It
may also be appropriate to schedule a pre-submittal conference to clarify the RFP and respond to the interested parties’ questions.
D. Contracts for professional services with a value of $10,000 or less may be awarded by the City Manager.
E. Contracts for professional services with a value greater than $10,000 must be awarded by the City Council.
D.5.b
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City of Grand Terrace Fiscal Policy Policy No. 3.01.01
Subject: Purchasing Effective Date: 5/13/14
Page 4 of 6
F. Following award of contract, a Purchase Requisition should be submitted by the
applicable department, with a copy of the executed contract and City Council staff report (if applicable) attached as backup. Purchase Requisitions require approval of the applicable Department Head or designee (per the Authorized Approval Listing).
G. Following Finance review of the Purchase Requisition, a P.O. will be issued by Finance and mailed to the vendor, with a copy returned to the originating department. Funds will also be encumbered in the financial system at this time. (Note: P.O.s are signed by the Finance Director signifying that funds are available and that the purchasing requirements have been met.)
H. Invoices to be paid against an approved P.O. do not require a Request for Payment form. Instead, to expedite processing, an approval stamp may be utilized on the invoice referencing the applicable P.O. number. (The account code to be charged does not need to be referenced on the invoice unless the P.O. is allocated to multiple account numbers, as the invoice will be charged per the P.O.)
Department Head or designee signature is required on the invoice (per the Authorized Approval Listing).
VI. Single Source Purchases / Waiver of Bidding / Piggy Backing A. If it is determined that only one company is available or capable of providing the
desired goods or services, the purchase may be approved without obtaining price quotes (purchases of $1,001 to $10,000), conducting formal bidding (purchases over $10,000), or utilizing an RFP process (professional services over $10,000), provided that approval is received for the single source purchase, as follows:
1. Purchases with a value of $1,001 - $10,000: Memo explaining the basis for the single source purchase must be submitted by the applicable Department Head along with the Purchase Requisition and approved by the City Manager.
2. Purchases with a value greater than $10,000: Approval for the single source purchase must be submitted via a staff report in conjunction with the contract award and approved by the City Council.
B. If a purchase is not considered to be single source but a waiver of bidding/competitive selection is requested because it is in the best interest of the
City, approvals must be obtained by the City Manager ($1,001 - $10,000) or City Council (over $10,000) as described above.
C. Justification must be provided if a waiver of bidding/competitive selection is requested. A waiver is an exception to the competitive bid process. As a result, explanation/documentation is required to begin the review process. Below are examples for requesting the waiver of the bid/competitive selection process: i. Sole Source: Only one company is available/capable of performing the task or providing the goods or services; the goods or services provided by
D.5.b
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City of Grand Terrace Fiscal Policy Policy No. 3.01.01
Subject: Purchasing Effective Date: 5/13/14
Page 5 of 6
a specific company are unique in quality, performance, or use
specifications. ii. Time Sensitive: The need for the desired good/service is needed to correct or prevent an emergency; iii. Intrinsic Value: When a good or service is determined by its historic, artistic, or educational value. D. If the City has determined that another municipality (host agency) has completed the competitive bid/RFP process awarding a contract within the last 6 months for goods and/or services that the City may require, in order to avoid time and costs,
the City has the option to “piggyback” on the public agency’s existing contract provided the following requirements are met: i. Approval must comply with the purchasing policy as follows: a. $0 - $500 requires Department Head approval; b. $501 - $10,000 requires City Manager approval; and
c. Over $10,000 requires City Council approval. ii. The other public agency’s bid and contract award process meet’s the City’s bid and contract award requirements; iii. The host agency and the City (piggybacking agency) must sign an agreement allowing the piggyback; iv. The vendor/contractor must agree to the piggyback, offering the same terms and conditions written in their contract to the piggyback agency; and
v. The vendor must inform both the host agency and the piggybacking agency in writing that they agree to the piggyback.
VII. Contract Requirements
A. If a purchase involves work to be performed on City premises or the public right of way, regardless of the dollar amount, a City contract is recommended to adequately address liability issues. If there is uncertainty regarding whether or not
a contract is needed for a given purchase, the City Attorney should be consulted.
B. Contracts up to $10,000 in value may be approved by the City Manager, following City Attorney approval as to legal form. Whenever possible, the standard City contract form should be used.
C. Contracts over $10,000 in value require City Council approval via the agenda process.
D.5.b
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City of Grand Terrace Fiscal Policy Policy No. 3.01.01
Subject: Purchasing Effective Date: 5/13/14
Page 6 of 6
D. Contracts should include a requirement for the service provider to obtain a City
Business License. The department administering the contract is responsible for coordinating with Finance to ensure that a Business License is obtained if the contract value is $10,000 or less (City Manager approval). If the contract value is greater than $10,000 (City Council approval), the City Clerk’s Office will coordinate with Finance to ensure that a Business License is obtained.
E. The department administering the contract is also responsible for obtaining the insurance certificates from the service provider and verifying that the coverage conforms to the contract requirements if the contract value is $10,000 or less (City Manager approval). If the contract value is greater than $10,000 (City Council approval), the City Clerk’s Office will be responsible for obtaining the insurance certificates from the service provider and verifying that the coverage conforms to
the contract requirements.
D.5.b
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AGENDA REPORT
MEETING DATE: February 13, 2024 Council Item
TITLE: An Amendment to the Agreement Between the City of Grand Terrace and Michael Baker International - Housing Element
Consultant Services for the 2021-2029 Planning Period to
Incorporate Additional Public Outreach to Complete HCD Response to Comments and Obtain an Adopted Housing Element
PRESENTED BY: Scott Hutter, Planning & Development Services Director
RECOMMENDATION: 1. Approve an Amendment No. 1 to Professional Services
Agreement Between the City of Grand Terrace and Michael Baker International for Housing Element Consultant Services for the 2021-2029 Housing Element Response to HCD Comments and Housing Element Adoption in the amount of
$37,110.00, for a total not to exceed contract amount of
$77,360; and 2. Authorize the City Manager to Execute the Agreement subject to the City Attorney's approval as to form; and
3. Authorize the appropriation of the following funding sources: Local Early Action Planning (LEAP) Grant of up to $24,750.00 and General Fund of $16,071.00.
2030 VISION STATEMENT:
This staff report supports Goal #1, Ensuring Fiscal Viability and Goal #3, Promote Economic Development by having an internally consistent General Plan.
BACKGROUND/DISCUSSION:
On March 23, 2021, the City Council approved a Professional Services Agreement with J.H. Douglas and Associates in the amount of $68,950.00 for the preparation of the City’s Housing Element (sixth cycle). The contract between the City of Grand Terrace and J.H. Douglas expired and was not extended and the invoices for J.H. Douglas contract were reimbursed through the General Fund and the State’s SB2 Grant Funding.
On May 23, 2023, the City Council approved a Professional Services Agreement with Michael Baker International in the amount of $40,250.00 to pick up on the preparation of the Housing Element (sixth cycle) where J.H. Douglas left off. Michael Baker International has worked diligently with City Staff over the ensuing months to address State comments and make the necessary edits to create a revised draft Housing Element. However, a notice of violation letter was received by the City from the State on November 22, 2023, just as the Michael Baker International was finishing the revised
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draft Housing Element.
Pursuant to the State Notice of Violation letter, Michael Baker International and the City Planning Department met (via web conference) with the State of California representatives on December 12, 2023. The meeting discussed status of the Housing Element Update, and the State noted that the City must conduct additional public outreach (interviews and workshops) and incorporate it into the revised draft housing element before sending it to the State for review. The State is requiring that the City engage in additional public outreach because of the time that had elapsed since initial outreach was done and the changes the State has required to be incorporated within the latest draft of the housing element. Per the State’s direction, the 6th Cycle is at its core outreach driven and therefore cannot be omitted in the final document. The scope and budget of the May 2023 Michael Baker International contract did not anticipate any additional public interviews and workshops. Therefore, after the December 12, 2023, meeting with the State the Planning Department requested that Michael Baker International provide a proposal with a budget and scope to conduct additional interviews and workshops. The proposal is in the amount of $37,110.00. The total contract amount will increase to $77,360.00. Attached is the proposed Amendment No. 1 to the Housing Element consultant services contract (Attachment 1), the California Department of Housing and Community Development (HCD) Notice of Violation Letter dated November 22, 2023, with City
Response dated December 22, 2023 (Attachment 2), the Local Early Action Plan
(LEAP) Grant approval for $65,000.00 (Attachment 3). FISCAL IMPACT:
The City currently has the LEAP Grant totaling $65,000.00 to apply towards the Housing
Element Update. City Planning Staff applied online in December to extend the LEAP Grant a year, so it now is available until September 2024. City Planning Staff has verified the entire grant of $65,000.00 is available and has also submitted a revise budget and scope for the LEAP Grant to the State which incorporates the Michael Baker contract from May 2023, and this extended outreach proposal. The LEAP Grant can
cover the original Michael Baker Contract of $40,250.00 and a significant portion on the new proposals cost of $40,821.00. The LEAP Grant can cover $24,750.00 and the remaining $16,071.00 will be appropriated from the General Fund Professional Services Account 10-370-250-000-000.
ATTACHMENTS:
1. Amendment No. 1 to MBI Contract Agreement re Housing Element Expanded Outreach (DOCX)
2. HCD Draft Violation Letter 11.22.2023 & City Response 12.22.2023 (PDF)
3. LEAP Grant (PDF)
APPROVALS:
Planning Director Completed 02/1/2024 5:00 PM
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City Attorney Pending
Finance Pending
City Manager Pending
City Council Pending
ATTACHMENTS:
• Attachment 1 - Amendment No 1 to MBI Agreement for Housing Element(959868.1) (DOCX)
• Attachment 1 Exhibit A-1 (PDF)
• Attachment 1 Exhibit A-2 (PDF)
• Attachment 1 Exhibit C-1 (PDF)
• Attachment 1 Exhibit C-2 (PDF)
• Attachment 2 - State HCD Letter & City Reply Letter (PDF)
• Attachment 3 - LEAP Grant (PDF)
APPROVALS:
Scott Hutter Completed 02/08/2024 7:58 AM
Finance Completed 02/08/2024 8:44 AM
City Manager Completed 02/08/2024 11:33 AM
City Council Pending 02/13/2024 6:00 PM
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01247.0001/959868.1
AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN CITY OF GRAND TERRACE AND MICHAEL BAKER INTERNATIONAL
This AMENDMENT NO. 1 TO THE AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND MICHAEL BAKER INTERNATIONAL(“Amendment No. 1”) by and between the CITY OF GRAND TERRACE
(“City”) and MICHAEL BAKER INTERNATIONAL (“Consultant”) is effective as of the 13th
day of February, 2024.
RECITALS
A. The City and Consultant entered into that certain Agreement for Contract Services By and Between the City of Grand Terrace and Michael Baker International, dated May 23, 2023, to complete the City’s 6th Cycle Housing Element Update, with a total compensation (“Contract
Sum”) of $40,250.00, and for a term of one (1) year (“Agreement”).
B. Consultant has worked diligently with City Staff to address State comments and make the necessary edits to create a revised draft Housing Element. However, a notice of violation letter was received by the City from the State Housing and Community Development Department (“HCD”) on November 22, 2023, just as Consultant was finishing the revised draft Housing
Element.
C. Pursuant to the State Notice of Violation letter, Consultant and the City Planning Department met (via web conference) with HCD on December 12, 2023. The meeting discussed status of the Housing Element Update and State noted that the City must conduct additional public outreach (interviews and workshops) and incorporate it into the revised draft housing element
before sending it to HCD for further review.
D. Based thereon, the Planning Department requested that Consultant provide a proposal with a budget and scope to conduct additional interviews and workshops.
E. The Parties now desire to amend the Agreement to incorporate the Proposal within the Scope of Work as Exhibit “A-2” to include the additional interviews and workshops,
increase the Contract Sum by $37,110.00, for a total not to exceed amount of $77,360.00, and extend the term of the Agreement to be consistent with the completion of the City’s 6th Cycle Housing Element.
F. Except as amended hereby, this extension is subject to the same terms and conditions as provided in the Agreement.
TERMS
1. Contract Amendments. The Agreement is amended as provided herein:
1.1 Section 2.1 Contract Sum is hereby amended in its entirety and shall now read as follows (strikethrough represents deleted language while bold italics represents added
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language):
“Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Forty Thousand, Two Hundred and Fifty Dollars and No cents ($40,250.00) Seventy-Seven Thousand, Three Hundred and Sixty Dollars ($77, 360.00) (the “Contract Sum”), unless additional compensation is approved pursuant to
Section 1.8”
1.2 Section 3.4 Term is hereby amended in its entirety and shall now read as follows (strikethrough represents deleted language while bold italics represents added language):
“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) two (2) years from the date hereof, except as otherwise provided in the Schedule of
Performance (Exhibit “D”).”
1.3 Exhibit “A” Scope of Services is hereby amended in its entirety and shall now read as follows (strikethrough represents deleted language while bold italics represents added language):
“A. Michael Baker International (“Michael Baker” or “Consultant”) had been assisting
the City of Grand Terrace with its Housing Element Update (HEU) under contract with the San Bernardino County Transportation Authority (SBCTA) Regional Early Action Planning grant (REAP 1.0). The REAP 1.0 funds were used county-wide to assist 24 agencies with planning services related to the production of housing, and those grant funds have been fully expended. The City wishes to
establish a contract with Micheael Baker International in the amount of Forty Thousand, Two Hundred and Fifty Dollars and No Cents ($40,250.00) (the “Contract Sum”), to respond to comments by the state’s Housing and Community Development Department including the finalization of the City’s sites inventory and preparation of an analysis compliant with AB 686, Affirmatively Furthering
Fair Housing. From the total contract amount, Twenty Thousand and No Cents ($20,000) will be allocated from the Local Early Action Planning grant (LEAP) Grant (20-LEAP-15036) funding toward its Housing Element. B. The Consultant will use the City’s current draft Housing Element and partner with
City staff to address the comments provided by the Housing and Community Development Department in the letter dated February 12, 2022. The Consultant will conduct additional public outreach to address State HCD’s request to obtain input from lower-income and special needs households that will be incorporated into an updated administrative Housing Element draft, as well as provide support
and participate in Planning Commission and City Council ratification or re-
adoption hearings as may be necessary. The Consultant will submit the draft Housing Element to HCD for review and will lead facilitation and ongoing consultations with HCD to achieve compliance with applicable state guidelines. In
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addition, the Consultant will prepare the final Housing Element Update document with any final revisions resulting from HCD review, as budget permits, and will
provide required findings to City Staff for City Council.
C. The foregoing is a brief summary and the full scope of services to be provided by consultant are included on the attached Proposals enclosed as Exhibits A-1and A-2, attached hereto and incorporated by reference as though set forth in full.”
1.4 Exhibit “C” Schedule of Compensation is hereby amended in its entirety and shall now read as follows (strikethrough represents deleted language while bold italics represents added language):
“I. Consultant shall perform the following Services at the budged amounts included on the cost estimate provided on Exhibit “C-1,” and “C-2.”
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 Seventy-Seven
Thousand, Three Hundred and Sixty Dollars ($77, 360.00) Forty Thousand, Two Hundred and Fifty Dollars and No Cents ($40,250.00), as provided in Section 2.1 of this Agreement. VI. The Consultant’s billing rates for all personnel are attached as Exhibit C-1 and C-
2.” 2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1,
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all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it
shall mean the Agreement, as amended by Amendment No. 1.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party
represents and warrants to the other that the Agreement is currently an effective, valid, and binding
obligation.
Consultant represents and warrants to City that, as of the date of this Amendment No. 1, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment No. 1, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.
5. Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this
Amendment No. 1, such party is formally bound to the provisions of the Agreement, as amended and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY: City of Grand Terrace, a municipal corporation _____________________________________
Konrad Bolowich, City Manager ATTEST: _____________________________________
Debra Thomas, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP ____________________________________
Adrian R. Guerra, City Attorney
CONSULTANT: By: ____________________________________ Name: Tanya Bilezikjian, P.E. ENV SP
Title: Office Executive, Vice President By: ____________________________________ Name: Peter Minegar, AICP
Title: Office Executive, Vice President Address: 3536 Concours Street, Suite 100
Ontario, CA 92764 ____________________________________
Two corporate officer signatures required when Consultant is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________
TITLE(S)
PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR
OTHER_________________________ ________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) ______________________________________
______________________________________
___________________________________ TITLE OR TYPE OF DOCUMENT
___________________________________ NUMBER OF PAGES
___________________________________ DATE OF DOCUMENT
___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO
On __________, 2024 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
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3536 Concours Street, Suite 100, Ontario, California 91764 Office: 909.974.4900
April 10, 2023
Konrad Bolowich
City Manager
City of Grand Terrace
22795 Barton Road
Grand Terrace, California
SUBJECT: Housing Element Update: Response to HCD Comments
Mr. Bolowich,
Michael Baker International (Michael Baker) had been assisting the City of Grand Terrace with its Housing Element Update
(HEU) under contract with the San Bernardino County Transportation Authority (SBCTA) Regional Early Action Planning
grant (REAP 1.0). The REAP 1.0 funds were used county-wide to assist 24 agencies with planning services related to the
production of housing, and those grant funds have been fully expended. Michael Baker understands the City wishes to
allocate $20,000 in Local Early Action Planning grant (LEAP) funding toward its Housing Element to respond to comments
by the state’s Housing and Community Development Department including the finalization of the City’s sites inventory
and preparation of an analysis compliant with AB 686, Affirmatively Furthering Fair Housing.
On behalf of Michael Baker, we appreciate the opportunity to submit this proposal. Please do not hesitate to contact me
at (909)974-4961 or via email at emily.elliott@mbakerintl.com if you have any questions or require further information.
Respectfully submitted,
Peter Minegar, AICP
Vice President
Office Executive
Emily Elliott, AICP
Associate Vice President
Department Manager - Planning
EXHIBIT "A-1"
Michael Baker International Proposal D.6.b
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City of Grand Terrace, 6th Cycle Housing Element Update
SCOPE OF WORK
Our cost proposal is based on the tasks as described and the specific assumptions and limitations noted; however, we are
happy to work with the City to refine and customize the scope of work according to your needs. Additional services and
support for the tasks included in our scope can be provided upon request, at an additional cost.
This scope of work is based on a time and materials budget not to exceed $40,250 which equates to roughly 275 staff hours.
It is understood by Michael Baker that the City is contributing $20,000 in Local Early Action Planning (LEAP) grant funds for
the activities conducted under Task 1 and the balance of the work program will be covered by the City of Grand Terrace.
Task 1.0 – Revision & Submission of the Draft Housing Element Update
Task 1.1 – Response to HCD Comments
Using the City’s current draft Housing Element, our team, in partnership with City staff, will address the comments provided
by the Housing and Community Development Department to the City.
Michael Baker will assist the City in assessing the City’s land use and zoning maps and available sites capacity. Michael Baker
assumes that the City will provide additional information regarding each parcel identified and a narrative detailing the
methodology utilized for the Adequate Sites Analysis. Michael Baker will collaborate with the City to review those sites
identified and the methodology for consistency with State law. Michael Baker also assumes that the City will provide site-
level detail to complete all the fields required of HCD’s form for the adequate sites inventory. Michael Baker will guide the
City on the level of specificity required to meet State law. Michael Baker will work with City staff to identify potential zoning
strategies to address the need for additional housing unit capacity, if needed.
The City will be an active participant and will take the lead in the development of programs and goals to satisfy State
requirements. Michael Baker staff will aid the City in validating the identified programs and goals.
We will provide the City with a response to comments matrix which documents each comment by HCD and a summary of
the response and its location within the Housing Element.
This task assumes 10 hours of Project Manager and 50 hours of Associate Planner time.
Task 1.2 – AFFH Analysis
Michael Baker will prepare an AFFH appendix that identifies strengths and weaknesses in fair housing practices and identifies
the relationship between the fair housing findings and the Housing Element Sites Inventory. We will use data provided by
SBCTA via the local jurisdiction data packet and the regional AFFH analysis and other sources (i.e. local knowledge, service
provider records, San Bernardino County 2020 Analysis of Impediments / Consolidated Plan, etc.) to analyze the fair housing
issues and their contributing factors in the City of Grand Terrace. Key elements will include:
• Introduction – overview of AB 686 and a brief history of Grand Terrace summarizing existing demographic
composition including race/ethnicity, age, housing tenure, familial status, etc. and compare it to the region.
• Outreach – a summary of engagement conducted with and outcome of that engagement with fair housing service
providers.
• Assessment of Fair Housing – this section is the bulk of the AFFH analysis and covers:
o Fair Housing Enforcement and Outreach Capacity
D.6.b
Packet Pg. 212
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City of Grand Terrace, 6th Cycle Housing Element Update
o Integration and Segregation Patterns and Trends Related to People with Protected Characteristics and
Lower Incomes
o Racially and Ethnically Concentrated Areas of Poverty
o Disproportionate Housing Needs, Including Displacement
o Summary of Fair Housing Issues, Including Local Knowledge
• Site Inventory – Improved/Exacerbated Conditions
o Segregation and Integration
o Racially and Ethnically Concentrated Areas of Poverty and Affluence
o Disparities in Access to Opportunity
o Disproportionate Housing Needs, Including Displacement
o Isolation of the RHNA
• Identification and Prioritization of Contributing Factors – this section identifies Fair Housing Issues and
Contributing Factors, prioritizes the contributing factors and address their influence on the Goals and Actions
• Goals and Actions – this section identifies specific goals and actions that address the contributing factors and
provides a timeline for each contributing factor.
Michael Baker will prepare and administrative draft of the AFFH appendix for City review and comment. Michael Baker will
then prepare a clean public review draft incorporating City comments for submission to HCD (Task 1.4).
This task assumes 10 hours of Project Manager and 100 hours of Associate Planner time.
Task 1.3 – Administrative Draft/ Public Review Draft Housing Element
We will provide an administrative and public review draft of the Housing Element. Michael Baker assumes the City will
handle public review distribution. The City will review public comments and provide them in a consolidated format for
Michael Baker to review and incorporate any necessary revisions. Michael Baker assumes comments will be relatively minor
in nature.
Our team will submit the draft Housing Element to HCD for review and will lead facilitation and ongoing consultations with
HCD to achieve compliance with applicable state guidelines.
This task assumes 12 hours of Project Manager, 40 hours of Associate Planner, and 16 hours of Technical Writer time.
Task 1.4 – Final Housing Element – Adoption
Our team will prepare the final Housing Element Update document with any final revisions resulting from HCD review, as
budget permits. We will provide required findings to City staff for adoption of the Housing Element by the City Council.
This task assumes 8 hours of Project Manager, 20 hours of Associate Planner, and 8 hours of Technical Writer time.
Task 1 Deliverables:
D.6.b
Packet Pg. 213
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City of Grand Terrace, 6th Cycle Housing Element Update
• Administrative Draft Housing Element Update, inclusive of AFFH (Microsoft Word, PDF)
• Public Review Draft Housing Element (Microsoft Word, PDF)
• Draft Housing Element Update for HCD Review (Microsoft Word, PDF, hard copy for HCD)
• Final Housing Element Update and Findings (PDF, hard copy for HCD)
Assumptions:
Michael Baker assumes the following information will be provided by the City. We acknowledge that much of this material
has been previously provided.
• Recent outreach results
• Relevant City Council and Planning Commission priorities
• Completed Housing Element Annual Progress Reports
• Housing application and permit records 2013–Present (Ongoing)
• Pipeline housing projects not expecting to issue permit until after June 30, 2021
• Recent housing projects – examples of recycling existing uses and densities achieved
• Housing-related zoning amendments
• Updated parcel-level data with complete zoning information
• Local data on average fees for single family and multifamily development
• Information on average permit timelines for single family and multifamily development
• Information on local amendments to the building code
• Detailed list of affordable housing that is at-risk of conversion from affordable to market-rate
• Detailed list of all available resources for those with special needs including housing for seniors, those experiencing
homelessness, farmworkers, and those with disabilities
D.6.b
Packet Pg. 214
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COST PROPOSAL
All services will be provided on an as-needed time and materials basis.
Task Project
Manager
Associate
Planner
Technical
Writer Fee
$235 $135 $100
Task 1: HCD Comments / Housing Element Revisions
Task 1.1 Response to HCD Comments 10 50 0 $ 9,100
Task 1.2 AFFH Analysis 10 100 0 $ 15,850
Task 1.3 Administrative & Public Review Draft Housing Element 12 40 16 $ 9,820
Task 1.4 Final Housing Element 8 20 8 $ 5,380
Subtotal $ 40,150
Other Direct Costs (Mileage, Reproduction)$100
Total $ 40,250
D.6.b
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A-2
EXHIBIT “A-2” Michael Baker International Proposal
D.6.c
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A-2
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A-2
D.6.c
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COST PROPOSAL
All services will be provided on an as-needed time and materials basis.
Task Project
Manager
Associate
Planner
Technical
Writer Fee
$235 $135 $100
Task 1: HCD Comments / Housing Element Revisions
Task 1.1 Response to HCD Comments 10 50 0 $ 9,100
Task 1.2 AFFH Analysis 10 100 0 $ 15,850
Task 1.3 Administrative & Public Review Draft Housing Element 12 40 16 $ 9,820
Task 1.4 Final Housing Element 8 20 8 $ 5,380
Subtotal $ 40,150
Other Direct Costs (Mileage, Reproduction)$100
Total $ 40,250
Exhibit C-1
D.6.d
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C-2
Exhibit C-2
D.6.e
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D.6.f
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D.6.f
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D.6.f
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D.6.f
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D.6.f
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D.6.f
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1/11/2021
STATE OF CALIFORNIA -DEPARTMENT OF GENERAL
SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER Of applicable)
STD 213 (ReY. 03/2019)
1. This~ la enbnd lnCo betweer1 the ConCracling /VJefq lllld Ille ContradDr named below:
CONTRACTING AGENCY NAME
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
CONTRACTOR'S NAME
City of Grand Terrace
2. The lerm of thi1 Agreement Is:
START DATE
Upon HCD Approval
THROUGH END DATE
06/30/2024
3. The maidnun amount of this Agieement ii:
$65,000.00
4. The patietl agA111 to comply with the terms and conditions of the fallowing eichOls, which 819 by ta reference made a part ol lhe Agreemenl
EXHIBfTS TITLE PAGES
Exhibit A ~rtty. Purposeand SC:ope of Woti< 2
ElHllt B Budget Detail and Payment Pl'OYislons 5
E>cnibit c· State of Calibnla General Terma and Conditions GTC • 04/2017
Exhibit D LEAP General Terms and Conditions 9
Exhibit E Special Concilions O
TOTAL NUMBER OF PAGES ATTACHED 16
#fJms lhown with an asttH'bk i ). llf9 hereby lncotpomted by 19'8nlllCl9 and made part of this agraement aa ff llllachffd hfH'tltD.
The• documents can be vhtwed at htJps:l/Www.df}s.ca.gov/OLS/Resouroe:s
IN IMTNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONlRAC'roR
CONTRACTOR NAME (if other than an Individual, state whether a corporation, partnership.etc.)
City of Grand Terrace
CONTRACTOR BUSINESS ADDRESS
22795 Barton Rd
PRINTED NAME OF PERSON SIGNING
CONTRAC0l~!~RI~ ~~R~~
Jli~if::i:,,fJ1fo
Oepemient of Housing and Community Development
CONTRACTING AGENCY ADDRESS
2020 W. Et Camino Ave .. Suite 130
PRINTED NAME OF PERSON SIGNING
Shaun Singh
CONTRACTING AGENCY AUTHORIZED SIGNATURE
CITY
Grand Terrace
STATE OF CALIFORNIA
CITY
Sacramento
STATE
CA
ZIP
92313
STATE ZIP
CA 95833
TITLE
Contracts Manager,
Business & Contract SelVices Branch
OATEstGNEO ~ ~ Cslifomia Department of General Services Approval (or exemption, if applicable)
Exempt per; SCM Vol. 1 4.04A3 (DGS memo dated 6112/1981)
D.6.g
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EXHIBIT A
AUTHORITY, PURPOSE AND SCOPE OF WORK
1. Authority
City of Grand Terrace
20-LEAP-15036
Page 1 of 2
Pursuant to Chapter 3.1 of the California Health and Safety Code (Ch. 159, Sec. 11, Stats.
2019), the State of California Department of Housing and Community Development (the
"Department" or "State") has established the Local Early Action Planning Grants Program
("LEAP," or the "Program"), as defined in Health and Safety Code Section 50515, et seq., for
Local Governments and Localities. In furtherance of the purpose of the Program, the
Department has issued a Notice of Funding Availability ("NOFA") dated January 27, 2020. This
Standard Agreement, along with all its exhibits (the "Agreement"), is entered into under the
authority of, and in furtherance of, the purpose of the Program.
2. Purpose
In accordance with the authority cited above, the Grantee has been awarded financial
assistance in the form of a grant from the Program. The Department has agreed to make the
grant to provide financial assistance for technical assistance, preparation and adoption of
planning documents, and process improvements to accelerate housing production and facilitate
compliance to implement the sixth cycle of the regional housing needs assessment, pursuant to
the terms of the NOFA, which includes associated forms, and this Agreement. By entering into
this Agreement and thereby accepting the award of the Program funds, the Grantee agrees to
comply with the terms and conditions of the NOFA, this Agreement, subsequent amendments to
this agreement when necessary, the representations contained in the application and the
requirements of the authority cited above. Based on the representations made by the Grantee,
the State shall provide a grant in the amount shown in Exhibit B, Section 2.
3. Definitions
Terms herein shall have the same meaning as definitions in Section VIII of the LEAP NOFA.
4. Scope of Work
Preparation and adoption of planning documents and process improvements that accelerate
housing production and facilitate compliance in implementing the sixth cycle of the regional
housing needs assessment in accordance with the Grantee's Attachment 1: Project Timeline
and Budget and Project Description as provided by the Grantee in the LEAP application used
for subsequent approval by the Department.
5. Department Contract Coordinator
The Contract Coordinator of this Agreement for the Department is the Housing Policy
Development Program Manager, or the Manager's designee. Unless otherwise informed, any
Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: September 14, 2020
D.6.g
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EXHIBIT A
City of Grand Terrace
20-LEAP-15036
Page 2 of 2
notice, report, or other communication required by this Agreement shall be mailed by first class
mail to the Department Contract Coordinator at the following address:
Department of Housing and Community Development
Housing Policy Development
Attention: LEAP Program Manager
2020 West El Camino Avenue, Suite 500
Sacramento, CA 95833
Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: September 14, 2020
D.6.g
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EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Application for Funds
City of Grand Terrace
20-LEAP-15036
Page 1 of 5
A. The Department is entering into this Standard Agreement ("Agreement") on the basis of,
and in reliance on, facts, information, assertions and representations contained in the
Application and any subsequent modifications or additions thereto approved by the
Department. The Application and any approved modifications and additions thereto are
hereby incorporated into this Agreement.
B. The Grantee warrants that all information, facts, assertions and representations
contained in the Application and approved modifications and additions thereto are true,
correct, and complete to the best of the Grantee's knowledge. In the event that any part
of the Application and any approved modification and addition thereto is untrue,
incorrect, incomplete, or misleading in such a manner that would substantially affect the
Department's approval, disbursement, or monitoring of the funding and the grant or
activities governed by this Agreement, the Department may declare a breach hereof and
take such action or pursue such remedies as are provided for breach.
2. Grant and Reimbursement Limit
The Department's decision to approve or deny an application or request for funding pursuant to
the Program, and its determination of the amount of funding provided, shall be final. The
maximum total amount granted and reimbursable to the Grantee pursuant to this Agreement
shall not exceed $65,000.00.
3. Grant Timelines
A This Agreement is effective upon the date of the Department representative's signature
on page one of the fully executed Standard Agreement, STD 213, (the "Effective Date").
B. All Grant funds must be expended by the Grantee on or before December 31, 2023. To
ensure that the Grantee is reimbursed on or before December 31, 2023, the Grantee
shall deliver to the Department all final invoices for reimbursement on or before
September 30, 2023. Under special circumstances, as determined by the Department,
the Department may modify the September 30, 2023 deadline.
It is the responsibility of the Grantee to monitor the project and timeliness of draws within
the specified dates.
Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: September 14, 2020
D.6.g
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EXHIBIT B
4. Allowable Uses of Grant Funds
City of Grand Terrace
20-LEAP-15036
Page 2 of 5
A. The Department shall not disburse funds unless it determines that the grant funds shall
be expended in compliance with the terms and provisions of the NOFA and this
Agreement.
B. Grant funds shall only be used by the Grantee for eligible activities pursuant to Section
VII of the NOFA and only for activities that were approved by the Department, and as
stated in Attachment 1: Project Timeline and Budget and Project Description in the
Grantee's approved LEAP Application, , and/or any and all documentation incorporated
into this Agreement and made a part thereof.
C. Grant funds may not be used for administrative costs of persons employed by the
Grantee for activities not directly related to the preparation and adoption of the proposed
activity. The Grantee shall use no more than five percent of the total grant amount for
costs related to administration of the project.
D. A Grantee that receives funds under this Program may use a subcontractor. The
subcontract shall provide for compliance with all the requirements of the Program. The
subcontract shall not relieve the Grantee of its responsibilities under the Program.
E. After the contract has been executed by the Department and all parties, approved and
eligible costs for eligible activities may be reimbursed upon completion of deliverables in
accordance with Attachment 1: Project Timeline and Budget and Project Description,
and subject to the terms and conditions of this Agreement.
F. Only approved and eligible costs incurred for work after the NOFA date, continued past
the date of full execution of the Agreement, and completed during the grant term, will be
reimbursable.
G. Approved and eligible costs incurred prior to the NOFA date are ineligible and will not be
reimbursed.
5. Performance
A. The Grantee shall take such actions, pay such expenses, and do all things necessary to
complete all activities as incorporated into the LEAP application and in accordance with
the schedule for completion set forth in the Statement of Work, the Grantee's Project
Description and Attachment 1: Project Timeline and Budget, and within the terms and
conditions of this Agreement.
B. The Department may monitor expenditures and activities of Grantee, as the department
deems necessary, to ensure compliance with program requirements.
Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: September 14, 2020
D.6.g
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EXHIBIT B
City of Grand Terrace
20-LEAP-15036
Page 3 of 5
C. The Department may request repayment of funds from Grantee or pursue other
remedies available to it by law for failure to comply with program requirements.
6. Fiscal Administration
A. The Grantee is responsible for maintaining records which fully disclose the activities
funded by the LEAP grant. Adequate documentation for each reimbursable transaction
shall be maintained to permit the determination, through an audit if requested by the
State, of the accuracy of the records and the allowability of expenditures charged to
LEAP grant funds. If the allowability of expenditure cannot be determined because
records or documentation are inadequate, the expenditure may be disallowed, and the
State shall determine the reimbursement method for the amount disallowed. The State's
determination of the allowability of any expense shall be final, absent fraud, mistake or
arbitrariness.
B. Work must be completed prior to requesting reimbursement. The Department may make
exceptions to this provision on a case by case basis. In unusual circumstances, the
Department may consider alternative arrangements to reimbursement and payment
methods based on documentation demonstrating cost burdens, including the inability to
pay for work.
C. Prior to receiving reimbursement, the Grantee shall submit the following documentation:
1) Government Agency Taxpayer ID Form (GovTIN; Fi$cal form);
2) A Request for Reimbursement form provided by the Department on the
Department's Local Early Action Planning (LEAP) Grants webpage; and
3) Any and all documentation requested by the Department in the Request for
Reimbursement form and manner as outlined in the following subsection D.
D. Grantee shall submit all required reimbursement documentation to the following address:
Department of Housing and Community Development
Housing Policy Development
Attention: LEAP Program Manager
2020 West El Camino Avenue, Suite 500
Sacramento, CA 95833
E. The Grantee shall submit invoices for reimbursement to the Department. All invoices
shall be subject to the Department's approval and submitted in accordance with the
following schedule:
Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: September 14, 2020
D.6.g
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EXHIBIT B
1) At maximum, once per quarter; or
2) Upon completion of a deliverable; and
3) At minimum, one invoice for reimbursement annually.
City of Grand Terrace
20-LEAP-15036
Page 4 of 5
The Department will use the 2020 calendar year beginning from the date of the release
of the NOFA on January 27, 2020 as the basis for scheduling reimbursements, with first
requests for reimbursement accepted upon full execution of the Agreement by the
Grantee and the Department
F. The Request for Reimbursement must be for a minimum of fifteen percent (15%) of the
maximum grant amount awarded. The Department may consider exceptions to the
minimum amount requested on a case-by-case basis. All invoices shall reference the
contract number and shall be signed and submitted to the Department's Program
Manager at the address provided above in Section 6, Subsection D of this part. Invoices
shall include at a minimum the following information:
1) Names of the Grantee's personnel performing work;
2) Dates and times of project work;
3) Itemized costs in accordance with Attachment 1: Project Timeline and Budget, and
Project Description, including identification of each employee, contractor or
subcontractor who provided services during the period of the invoice, the number
of hours and hourly rates for each of the Grantee's employees, contractor(s), sub-
recipient(s) or subcontractor's staff member(s), authorized expenses with receipts,
and contractor, sub-recipient and subcontractor invoices; and
4) Any other documents, certifications, or evidence deemed necessary by the
Department prior to disbursement of grant funds.
G. The Department will reimburse the Grantee directly for all allowable project costs as
promptly as the Department's fiscal procedures permit upon receipt of an itemized
signed invoice.
H. The Department recognizes that budgeted deliverable amounts are based upon
estimates and conditions and circumstances may change. Grantees may request
adjustments to Attachment 1: Project Timeline and Budget and Project Description in the
Grantee's approved LEAP Application in writing (such as a budget adjustment across
deliverables), as long as the total budget does not exceed the maximum amount
awarded to the Grantee. All adjustments shall be subject to written approval by the
Department.
Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: September 14, 2020
D.6.g
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EXHIBIT B
City of Grand Terrace
20-LEAP-15036
Page 5 of 5
I. Grant funds shall not be disbursed until this Agreement has been fully executed.
J. Grant fund payments will be made on a reimbursement basis; advance payments are
not allowed. The Grantee, its subcontractors and all partners, must have adequate cash
flow to pay all grant-related expenses prior to requesting reimbursement from the
Department. The Department may consider alternative arrangements for reimbursement
and payment methods based on documentation demonstrating cost burdens, including
the inability to pay for work.
K. The Grantee will be responsible for compiling and submitting all invoices, supporting
documentation and reporting documents. Invoices must be accompanied by reporting
materials where appropriate. Invoices without the appropriate reporting materials will not
be paid.
1) Supporting documentation may include, but is not limited to; purchase orders,
receipts, progress payments, subcontractor invoices, timecards, or any other
documentation as deemed necessary and requested by the Department to support
the reimbursement to the Grantee for expenditures incurred.
L. The Grantee will submit for reimbursements to the Department based on actual costs
incurred, and must bill the State based on clear and completed objectives and
deliverables as outlined in the application, in Attachment 1: Project Timeline and Budget
and the Project Description, and/or any and all documentation incorporated into this
Agreement and made a part thereof.
M. The Department may withhold ten percent (10%) of the grant until grant terms have
been fulfilled to the satisfaction of the Department and the final close-out report
submitted, no later than December 31, 2024 pursuant to Health and Safety Code section
50515.04(c)(2).
N. It is mutually agreed that if the Budget Act of the current year and/or any subsequent
years covered under this Agreement does not appropriate sufficient funds for the
program, this Agreement shall immediately terminate and be of no further force and
effect. In this event, the State and Contractor shall be relieved of any and all obligations
under this Grant Agreement.
0. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this
program, the State shall have the sole discretion to cancel this Agreement without
cause, no liability occurring to the State, or amend the current Grant Agreement and
amount allocated to Contractor.
Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: September 14, 2020
D.6.g
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EXHIBIT D
LEAP TERMS AND CONDITIONS
1. Reporting
City of Grand Terrace
20-LEAP-15036
Page 1 of 9
A. During the term of this Standard Agreement ("Agreement") the Grantee shall submit,
upon request of the Department, a performance report that demonstrates satisfaction of
all requirements identified in this Agreement.
B. Pursuant to Health and Safety Code Section 50515.04, subsection (a), during the term
of the Agreement, the Grantee shall submit an annual report containing all required
information by April 1 of the year following receipt of the Grant funds. The annual reports
shall be due from the Grantee until Program funds have been expended, but no later
than February 28, 2023. A Grantee may, in lieu of providing a separate annual report as
identified in Health and Safety Code Section 50515.04, subsection (a), provide the
information as part of its Annual Progress Report.
C. Upon completion of all deliverables required to fulfill this Agreement pursuant to the
Grantee's Attachment 1: Project Timeline and Budget as approved in the LEAP
Application, the Grantee shall submit a final close out report in accordance with the
January 27, 2020 LEAP NOFA. The close out report shall be submitted with the final
Request for Reimbursement by September 30, 2023, in accordance with the final
invoices due pursuant to Exhibit B, Section 3.
2. Accounting Records
A. The Grantee, its staff, contractors and subcontractors shall establish and maintain an
accounting system and reports that properly accumulate incurred project costs by line.
The accounting system shall conform to Generally Accepted Accounting Principles
(GAAP), to enable the determination of incurred costs at interim points of completion and
provide support for reimbursement payment vouchers or invoices.
B. The Grantee must establish a separate ledger account for receipts and expenditures of
grant funds and maintain expenditure details in accordance with the scope of work,
project timeline and budget. Separate bank accounts are not required.
C. The Grantee shall maintain documentation of its normal procurement policy and
competitive bid process (including the use of sole source purchasing), and financial
records of expenditures incurred during the course of the project in accordance with
GAAP.
D. The Grantee agrees that the state or designated representative shall have the right to
review and to copy any records and supporting documentation pertaining to the
performance of the Agreement.
E. Subcontractors employed by the Grantee and paid with moneys under the terms of this
Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: September 14, 2020
D.6.g
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3. Audits
EXHIBIT D
City of Grand Terrace
20-LEAP-15036
Page 2 of 9
Agreement shall be responsible for maintaining accounting records as specified above.
Grantee shall monitor and enforce subcontracts accordingly.
A At any time during the term of this Agreement, the Department may perform or cause to
be performed a financial audit of any and all phases of the award. At the Department's
request, the Grantee shall provide, at its own expense, a financial audit prepared by a
certified public accountant. The State of California has the right to review project
documents and conduct audits during and over the project life.
1) The Grantee agrees that the Department or the Department's designee shall
have the right to review, obtain, and copy all records and supporting
documentation pertaining to performance of this Agreement.
2) The Grantee agrees to provide the Department or the Department's designee,
with any relevant information requested.
3) The Grantee agrees to permit the Department or the Department's designee
access to its premises, upon reasonable notice, during normal business hours for
the purpose of interviewing employees who might reasonably have information
related to such records and inspecting and copying such books, records,
accounts, and other material that may be relevant to a matter under investigation
for the purpose of determining compliance with statutes and this Agreement.
B. If a financial audit is required by the Department, the audit shall be performed by an
independent certified public accountant. Selection of an independent'audit firm shall be
consistent with procurement standards contained in Exhibit D, Section 8 subsection A of
this Agreement.
1) The Grantee shall notify the Department of the auditor's name and address
immediately after the selection has been made. The contract for the audit shall
allow access by the Department to the independent auditor's working papers.
2) The Grantee is responsible for the completion of audits and all costs of preparing
audits.
3) If there are audit findings, the Grantee must submit a detailed response
acceptable to the Department for each audit finding within ninety (90) days from
the date of the audit finding report.
C. The Grantee agrees to maintain such records for possible audit after final payment
pursuant to Exhibit D, Section 3, subsection E. below, unless a longer period of records
retention is stipulated.
Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: September 14, 2020
D.6.g
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EXHIBIT D
City of Grand Terrace
20-LEAP-15036
Page 3 of 9
1) If any litigation, claim, negotiation, audit, monitoring, inspection or other action
has been started before the expiration of the required record retention period, all
records must be retained by the Grantee, contractors and sub-contractors until
completion of the action and resolution of all issues which arise from it. The
Grantee shall include in any contract that it enters into in an amount exceeding
$10,000.00, the Department's right to audit the contractor's records and interview
their employees.
2) The Grantee shall comply with the caveats and be aware of the penalties for
violation of fraud and for obstruction of investigation as set forth in California
Public Contracts Code Section 10115.10.
D. The determination by the Department of the eligibility of any expenditure shall be final.
E. The Grantee shall retain all books and records relevant to this Agreement for a minimum
of three (3) years after the end of the term of this Agreement. Records relating to any
and all audits or litigation relevant to this Agreement shall be retained for five (5) years
after the conclusion or resolution of the matter.
4. Remedies of Non-performance
A. The Department may monitor expenditures and activities of an applicant, as the
Department deems necessary, to ensure compliance with Program requirements.
B. The Department may, as it deems appropriate or necessary, request repayment of funds
from an applicant, or pursue any remedies available to it by law for failure to comply with
Program requirements.
C. Any dispute concerning a question of fact arising under this Agreement that is not
disposed of by agreement shall be decided by the Department's Housing Policy
Development Manager, or the Manager's designee, who may consider any written or
verbal evidence submitted by the Grantee. The decision of the Department's Housing
Policy Development Manager or Designee shall be the Department's final decision
regarding the dispute.
D. Neither the pendency of a dispute nor its consideration by the Department will excuse
the Grantee from full and timely performance in accordance with the terms of this
Agreement.
E In the event that it is determined, at the sole discretion of the Department, that the
Grantee is not meeting the terms and conditions of the Agreement, immediately upon
receiving a written notice from the Department to stop work, the Grantee shall cease all
work under the Agreement. The Department has the sole discretion to determine that the
Grantee meets the terms and conditions after a stop work order, and to deliver a written
notice to the grantee to resume work under the Agreement.
Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: September 14, 2020
D.6.g
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EXHIBIT D
City of Grand Terrace
20-LEAP-15036
Page 4 of 9
F. Both the Grantee and the Department have the right to terminate the Agreement at any
time upon thirty (30) days written notice. The notice shall specify the reason for early
termination and may permit the grantee or the Department to rectify any deficiency(ies)
prior to the early termination date. The Grantee will submit any requested documents to
the Department within thirty (30) days of the early termination notice.
G. There must be a strong implementation component for the funded activity through this
Program, including, where appropriate, agreement by the locality to formally adopt or
complete the planning document. Localities that do not formally adopt or complete the
funded activity could be subject to repayment of the grant.
H. The following shall each constitute a breach of this Agreement:
1) Grantee's failure to comply with any of the terms and conditions of this Agreement.
2) Use of, or permitting the use of, grant funds provided under this Agreement for any
ineligible costs or for any activity not approved under this Agreement.
3) Any failure to comply with the deadlines set forth in this Agreement unless
approved by the Program Manager.
I. In addition to any other remedies that may be available to the Department in law or
equity for breach of this Agreement, the Department may at its discretion, exercise the
following remedies:
1) Disqualify the Grantee from applying for future Department administered grant
programs.
2) Revoke existing LEAP award(s) to the Grantee.
3) Require the return of unexpended LEAP funds disbursed under this Agreement.
4) Require repayment of LEAP Funds disbursed and expended under this
Agreement.
5) Seek a court order for specific performance of the obligation defaulted upon, or the
appointment of a receiver to complete the obligations in accordance with the LEAP
Program requirements.
6) Other remedies available at law, or by and through this Agreement. All remedies
available to the Department are cumulative and not exclusive.
7) The Department may give written notice to the Grantee to cure the breach or
violation within a period of not less than fifteen (15) days.
Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: September 14, 2020
D.6.g
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EXHIBIT D
5. Indemnification
City of Grand Terrace
20-LEAP-15036
Page 5 of9
Neither the Department nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or omitted to be done by the Grantee,
its officers, employees, agents, its contractors, its sub-recipients or its subcontractors under or
in connection with any work, authority or jurisdiction conferred upon the Grantee under this
Agreement. It is understood and agreed that the Grantee shall fully defend, indemnify and save
harmless the Department and all of the Department's staff from all claims, suits or actions of
every name, kind and description brought forth under, including, but not limited to, tortuous,
contractual, inverse condemnation or other theories or assertions of liability occurring by reason
of anything done or omitted to be done by the Grantee, its officers, employees, agents
contractors, sub-recipients, or subcontractors under this Agreement.
6. Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or
subsequent breach. The failure of the Department to enforce at any time the provisions of this
Agreement, or to require at any time, performance by the Grantee of these provisions, shall in
no way be construed to be a waiver of such provisions nor to affect the validity of this
Agreement or the right of the Department to enforce these provisions.
7. Relationship of Parties
It is expressly understood that this Standard Agreement is an agreement executed by and
between two independent governmental entities and is not intended to, and shall not be
construed to, create the relationship of agent, servant, employee, partnership, joint venture or
association, or any other relationship whatsoever other than that of an independent party.
8. Third-Partv Contracts
A All state-government funded procurements must be conducted using a fair and
competitive procurement process. The Grantee may use its own procurement
procedures as long as the procedures comply with all City/County laws, rules and
ordinances governing procurement, and all applicable provisions of California state law.
B. Any contract entered into as a result of this Agreement shall contain all the provisions
stipulated in the Agreement to be applicable to the Grantee's sub-recipients, contractors,
and subcontractors. Copies of all agreements with sub-recipients, contractors, and
subcontractors shall be submitted to the Department's program manager upon request.
C. The Department does not have a contractual relationship with the Grantee's sub-
recipients, contractors, or subcontractors, and the Grantee shall be fully responsible for
all work performed by its sub-recipients, contractors, or subcontractors.
D. In the event the Grantee is partnering with another jurisdiction or forming a collaborative
effort between the Grantee and other jurisdictions who are grantees of the Local Early
Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: September 14, 2020
D.6.g
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EXHIBIT D
City of Grand Terrace
20-LEAP-15036
Page 6 of 9
Action Planning Grants Program, the Grantee acknowledges that each partner and/or all
entities forming the Local Early Action Planning Grants Program collaborative are in
mutual written agreement with each other but are contractually bound to the Department
under separate, enforceable contracts.
E. In the event the Grantee is partnering with another jurisdiction or forming a collaborative
effort with other entities that are not grantees of the Local Early Action Planning Grants
Program, the Department shall defer to the provisions as noted in subsections 8(8) and
B(C) of this part.
9. Compliance with State and Federal Laws, Rules, and Regulations
A. The Grantee agrees to comply with all state and federal laws, rules and regulations that
pertain to construction, health and safety, labor, fair employment practices, equal
opportunity, and all other matters applicable to the grant, the Grantee, its contractors or
subcontractors, and any other grant activity.
B. During the performance of this Agreement, the Grantee assures that no otherwise
qualified person shall be excluded from participation or employment, denied program
benefits, or be subjected to discrimination based on race, color, ancestry, national origin,
sex, gender, gender identity, gender expression, genetic information, age, disability,
handicap, familial status, religion, or belief, under any program or activity funded by this
contract, as required by Title VI of the Civil Rights Act of 1964, the Fair Housing Act (42
USC 3601-20) and all implementing regulations, and the Age Discrimination Act of 1975
and all implementing regulations.
C. The Grantee shall include the nondiscrimination and compliance provisions of this
clause in all agreements with its sub-recipients, contractors, and subcontractors, and
shall include a requirement in all agreements with all of same that each of them in turn
include the nondiscrimination and compliance provisions of this clause in all contracts
and subcontracts they enter into to perform work under the Program.
D. The Grantee shall, in the course of performing project work, fully comply with the
applicable provisions of the Americans with Disabilities Act (ADA) of 1990, which
prohibits discrimination on the basis of disability, as well as all applicable regulations and
guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
E. The Grantee shall adopt and implement affirmative processes and procedures that
provide information, outreach and promotion of opportunities in the LEAP project to
encourage participation of all persons regardless of race, color, national origin, sex,
religion, familial status, or disability. This includes, but is not limited to, a minority
outreach program to ensure the inclusion, to the maximum extent possible, of minorities
and women, and entities owned by minorities and women, as required by 24 CFR
92.351.
Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: September 14, 2020
D.6.g
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EXHIBIT D
10. Litigation
City of Grand Terrace
20-LEAP-15036
Page 7 of 9
A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court
of competent jurisdiction, such invalidity, at the sole discretion of the Department, shall
not affect any other provisions of this Agreement and the remainder of this Agreement
shall remain in full force and effect. Therefore, the provisions of this Agreement are, and
shall be, deemed severable.
B. The Grantee shall notify the Department immediately of any claim or action undertaken
by or against it, which affects or may affect this Agreement or the Department, and shall
take such action with respect to the claim or action as is consistent with the terms of this
Agreement and the interests of the Department.
11. Changes in Terms/Amendments
This Agreement may only be amended or modified by mutual written agreement of both parties.
12. State-Owned Data
A. Definitions
1) Work:
The work to be directly or indirectly produced by the Grantee, its employees, or by and
of the Grantee's contractor's, subcontractor's and/or sub-recipient's employees under
this Agreement.
2) Work Product:
All deliverables created or produced from Work under this Agreement including, but not
limited to, all Work and Deliverable conceived or made, or made hereafter conceived or
made, either solely or jointly with others during the term of this Agreement and during a
period of six months after the termination thereof, which relates to the Work
commissioned or performed under this Agreement. Work Product includes all
deliverables, inventions, innovations, improvements, or other works of authorship
Grantee and/or Grantee's contractor subcontractor and/or sub-recipient may conceive of
or develop in the course of this Agreement, whether or not they are eligible for patent,
copyright, trademark, trade secret or other legal protection.
3) Inventions:
Any ideas, methodologies, designs, concept, technique, invention, discovery,
improvement or development regardless of patentability made solely by the Grantee or
jointly with the Grantee's contractor, subcontractor and/or sub-recipient and/or Grantee's
contractor, subcontractor, and/or sub-recipient's employees with one or more employees
of the Department during the term of this Agreement and in performance of any Work
Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: September 14, 2020
D.6.g
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EXHIBIT D
City of Grand Terrace
20-LEAP-15036
Page 8 of9
under this Agreement, provided that either the conception or reduction to practice
thereof occurs during the term of this Agreement and in performance of Work issued
under this Agreement.
B. Ownership of Work Product and Rights
1) All work Product derived by the Work performed by the Grantee, its employees or
by and of the Grantee's contractor's, subcontractor's and/or sub-recipient's
employees under this Agreement, shall be owned by the Department and shall
be considered to be works made for hire by the Grantee and the Grantee's
contractor, subcontractor and/or subrecipient for the Department. The
Department shall own all copyrights in the work product.
2) Grantee, its employees and all of Grantee's contractor's, subcontractor's and
sub-recipient's employees agree to perpetually assign, and· upon creation of each
Work Product automatically assigns, to the Department, ownership of all United
States and international copyrights in each and every Work Product, insofar as
any such Work Product, by operation of law, may not be considered work made
for hire by the Grantee's contractor, subcontractor and/or subrecipient from the
Department. From time to time upon the Department's request, the Grantee's
contractor, subcontractor and/or subrecipients, and/or its employees, shall
confirm such assignments by execution and delivery of such assignment,
confirmations or assignment or other written instruments as the Department may
request. The Department shall have the right to obtain and hold in its name all
copyright registrations and other evidence of rights that may be available for
Work Product under this Agreement. Grantee hereby waives all rights relating to
identification of authorship restriction or limitation on use or subsequent
modification of the Work.
3) Grantee, its employees and all Grantee's contractors, subcontractors and sub-
recipients hereby agrees to assign to the Department all Inventions, together with
the right to seek protection by obtaining patent rights therefore and to claim all
rights or priority thereunder and the same shall become and remain the
Department's property regardless of whether such protection is sought The
Grantee, its employees and Grantee's contractor, subcontractor and /or
subrecipient shall promptly make a complete written disclosure to the
Department of each Invention not otherwise clearly disclosed to the Department
in the pertinent Work Product, specifically noting features or concepts that the
Grantee, its employees and/or Grantee's contractor, subcontractor and/or
subrecipient believes to be new or different.
4) Upon completion of all work under this Agreement, all intellectual property rights,
ownership and title to all reports, documents, plans, specifications and estimates,
produced as part of this Agreement will automatically be vested in Department
and no further agreement will be necessary to transfer ownership to Department.
Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: September 14, 2020
D.6.g
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EXHIBIT D
13. Special Conditions
City of Grand Terrace
20-LEAP-15036
Page 9 of 9
The State reserves the right to add any special conditions to this Agreement it deems necessary
to assure that the policy and goals of the Program are achieved.
Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: September 14, 2020
D.6.g
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AGENDA REPORT
MEETING DATE: February 13, 2024 Council Item
TITLE: Consideration of a Resolution of the City Council of the City of Grand Terrace Approving a Form Reimbursement and
Indemnification Agreement to be Used in Relation to
Development Projects Within the City and Authorizing the Execution Thereof by the City Manager Subject to City Attorney Approval as to Form
PRESENTED BY: Adrian Guerra, City Attorney
RECOMMENDATION: 1. Adopt a Resolution approving a Form Reimbursement
and Indemnification Agreement and Authorizing the City Manager to Execute the Same Subject to City Attorney Approval as to Form.
2030 VISION STATEMENT
This staff report supports Goal #1: To Identify Additional Revenue Sources; Review
Expenditures and Seek Savings; Explore Creative Means to Provide Services; and
Ensure Appropriate Cost Recovery for Services.
BACKGROUND
As development in the City increases, the City’s costs relating to processing land use
applications will increase and, therefore, it will become necessary for the City to recover
its costs relating to processing entitlements. Government Code section 66014 permits
the City to charge fees for “zoning variances; zoning changes; use permits; building
inspections; building permits; filing and processing applications.” However, these fees
generally seek to recover staff time and costs to process the applications and “may not
exceed the estimated reasonable cost of providing the service for which the fee is
charged.” (Government Code section 66014(a)).
However, some projects require involvement from the City Attorney’s office and/or
consultants to perform a more detailed environmental review for compliance with the
California Environmental Quality Act. Additionally, the City may need to defend litigation
aimed to invalidate project-related approvals from the City. In these cases, the standard
fees on the City’s fee schedule would not cover these City costs. As will be discussed
below, the City Attorney is recommending that the City Council adopt a policy whereby
the City Manager would have authority to enter into reimbursement agreements, subject
to City Attorney approval, to recover these additional costs in support of a land use
project.
DISCUSSION
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The City Attorney’s office has prepared a form for reimbursement and indemnification
agreement, which is attached to this report. In general, the form reimbursement and
indemnification agreement provides for a deposit-based process in which the developer
will be required to maintain a deposit of funds (in an amount that is agreed upon) that
the City may utilize for its related costs. The form reimbursement and indemnification
agreement includes the following provisions:
1. The developer is responsible for the City’s costs related to their development project, which includes staff time, consultant fees, and attorneys’ fees.
2. Requires that the developer maintains a minimum balance in the deposit. The purpose of this is to avoid a situation where the deposit contains no funds.
3. Requires the developer to indemnify, protect, defend, and hold the City harmless from claims and liabilities arising from their development project.
4. Requires that the City maintain an accounting of any deposits and City costs paid using the deposits. An accounting may be provided to the developer upon written request.
Additionally, the City Council is also requested to authorize the City Manager to sign
reimbursement and indemnification agreements substantially in the form as attached to
this report on behalf of the City, subject to the City Attorney’s approval as to form.
Reimbursement and indemnification agreements for a city’s costs incurred in relation to
a development project are typically routine in nature with other cities. This authorization
will ensure that the processing of development projects will be efficient and ensure the
City is promptly reimbursed for its costs and is protected in the event of a lawsuit.
FISCAL IMPACT:
The City will recover costs associated with any further development project, including
staff time, consulting fees and attorneys’ fees.
ATTACHMENTS:
• Resolution Approving Reimbursement Agrmnt and Authorize CM to Sign (2024) (1)
(DOC)
• GT Form Reimbursement Agreement (DOCX)
APPROVALS:
Adrian Guerra Completed 02/07/2024 12:19 PM
Finance Completed 02/07/2024 2:02 PM
City Manager Completed 02/07/2024 2:34 PM
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City Council Pending 02/13/2024 6:00 PM
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01247.0005/557873.3
RESOLUTION NO. 2024-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE APPROVING A FORM REIMBURSEMENT AND
INDEMNIFICATION AGREEMENT TO BE USED IN RELATION TO DEVELOPMENT PROJECTS WITHIN THE CITY AND AUTHORIZING THE EXECUTION THEREOF BY THE CITY MANAGER SUBJECT TO CITY ATTORNEY APPROVAL AS TO FORM
WHEREAS, as development in the City of Grand Terrace (“City”) increases, the
City’s costs relating to the processing of land use applications will increases such that it
is desirable to implement a method by which the City may adequately and consistently recover its related costs; and
WHEREAS, Government Code section 66014 permits the City to charge fees for “zoning variances; zoning changes; use permits; building inspections; building permits;
filing and processing applications;” however, these fees generally seek to recover staff
time and costs to process the applications and “may not exceed the estimated reasonable cost of providing the service for which the fee is charged.” (Government Code section 66014(a)); and
WHEREAS, some projects require involvement from the City Attorney’s office
and/or consultants to perform a more detailed environmental review for compliance with
the California Environmental Quality Act; and
WHEREAS, in other cases, the City may need to defend litigation aimed to invalidate project-related approvals from the City; and
WHEREAS, in these cases where the City Attorney, consultants, and/or litigation
is involved, the standard fees on the City’s fee schedule would not be sufficient to
recover these City costs; and
WHEREAS, it is desirable to adopt cost recovery mechanisms so as to minimize the impact of additional land use applications upon City services and to adopt mechanisms that protect the City in the event of litigation; and
WHEREAS, the City Council therefore desires to approve a form reimbursement
and indemnification agreement to address the aforementioned concerns (“Form Agreement”) consistent with the authority under Government Code section 66014; and
WHEREAS, the City Council intends to make the Form Agreement an integral part in the processing of land use applications (where applicable); and
WHEREAS, without City Council authorization the execution of the Form
Agreement will require City Council approval in every instance; and
D.7.a
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01247.0005/557873.3
WHEREAS, in order to ensure the integrated and streamlined processing of land use applications, the City Council further desires to authorize the City Manager to sign such Form Agreements subject to the City Attorney’s approval as to form.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand
Terrace, as follows:
Section 1. The recitals set forth above are true and correct and incorporated herein by this reference.
Section 2. The City Council hereby finds that adoption of this Resolution is not
a “project” under the California Environmental Quality Act, because the Resolution does
not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, section 15378(b)(4).
Section 3. The Form Agreement is hereby approved in substantially the form
as attached in Exhibit A for use in conjunction with the processing of land use
applications. The City Attorney is hereby authorized to update the Form Agreement as needed.
Section 4. Subject to the City Attorney’s approval as to form, the City Manager is hereby authorized to utilize, negotiate and execute the Form Agreements that are
necessary for the processing of land use applications in the City. In determining whether
to utilize the Form Agreement for a particular land use application, the City Manager shall consider the size, scope, and costs of such land use applications. Nothing in this Resolution is intended to require the use of the Form Agreement in every instance and may be modified consistent with the project at issue.
Section 5. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace, California, at a regular meeting held on the 13 day of February 2024.
__________________________________
Bill Hussey Mayor ATTEST:
__________________________________ Debra L. Thomas City Clerk
D.7.a
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01247.0005/557873.3
APPROVED AS TO FORM:
__________________________________
Adrian R. Guerra City Attorney
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01247.0005/557873.3
Exhibit A Form Agreement
D.7.a
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01005.0018/813501.3
REIMBURSEMENT AGREEMENT
This REIMBURSEMENT AGREEMENT (“Agreement”) is executed this ____ day of
_______________, 2024 (“Effective Date”), by and between the CITY OF GRAND TERRACE, a California municipal corporation (“City”), and [INSERT NAME OF DEVELOPER], a [insert applicable state] limited partnership (“Developer”). City and Developer may be referred to, individually or collectively, as “Party” or “Parties.”
RECITALS WHEREAS, Developer desires to develop [insert project description] (“Project”); and WHEREAS, [insert language]; and WHEREAS, [insert language]. NOW, THEREFORE, for the purposes set forth herein, and for good and valuable
consideration, the adequacy of which is hereby acknowledged, the Parties hereby agree as follows: TERMS
1. Incorporation of Recitals. The Parties hereby incorporate the Recitals as though fully set forth herein. 2. Developer Responsibility for City Costs. Developer shall be responsible for, and shall reimburse City for, all direct and indirect costs, fees and expenses of City related to review
and City’s undertaking of the planning, design, and permitting for the Project, inclusive of any City efforts to facilitate the review and approval of any improvements associated with the Project by other agencies, and the processing of [Approvals/Entitlements] which, depending on the nature of the [Approvals/Entitlements], may or may not include an analysis and approval required under CEQA laws and regulations (the “City Costs”). City Costs include, but are not limited to: (a) City
Attorneys’ fees, at a rate not to exceed $350.00 per hour including but not limited to, for drafting, negotiating and reviewing this Agreement, contracts with consultants, contracts with other agencies and public agencies, and any documents that the City deems necessary in connection with undertaking of the planning, design, and permitting for the Project, and for the processing of the [Approvals/Entitlements], (b) staff time required for drafting, negotiating and reviewing this
Agreement, contracts with consultants, and contracts with other agencies and public agencies, and any documents that the City deems necessary in connection with undertaking of the planning, design, and permitting for the Project, and for the processing of the [Approvals/Entitlements]; and (c) all costs associated with Sections 2(a) and 2(b) above, including consultant costs and fees; (d) all costs related to studies, reports and design services for the development of any Project-
related infrastructure; (e) all costs related to investigations of the Project; and (f) any other fees
and costs deemed necessary by the City in order to process, review, or act upon or complete the the Project, and the [Approvals/Entitlements]. Developer’s obligation to deposit and reimburse
D.7.b
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City Costs are in addition to Developer’s duty to indemnify, defend, and hold harmless City, as set forth in Section 8, below.
2.1 Deposit. In furtherance of the foregoing, Developer has or shall, within ten (10) days of the Effective Date, deposit with City an initial sum of $[insert amount] against which any City Costs will be drawn down (“Deposit”). The Deposit represents City’s best estimate of Developer’s ultimate financial obligation to City under this Agreement. At no point in time shall
the minimum balance of the Deposit fall below $[insert amount], and Developer shall make such
additional deposit(s) required under Section 2.2, below. 2.2 Additional Deposits by Developer. Developer shall make additional deposits to the City within ten (10) days of City’s written request to the Developer up to an additional aggregate amount not exceeding $[insert amount]. City’s written requests for additional
deposits shall state what costs have been incurred to date, additional costs anticipated, and how City intends to apply any needed additional Developer deposits. If deposited sums exceed the costs incurred by City, City shall refund the difference as soon as City determines the amount of such excess. 2.3 City’s Right to Cease Work. In the event that Developer does not promptly pay or reimburse the City Costs, including by failing to reimburse amounts incurred or timely pay any additional requested deposits, City may immediately cease all work related to or concerning the [Approvals/Entitlements], and/or the Project, and may take such further action as City deems appropriate, including deeming any Developer application(s) abandoned and any development
permit issued by City to Developer null and void. 2.4 Interest on Deposit. Any amounts deposited by Developer shall be maintained by City in an interest-bearing account of City’s choice, and may be co-mingled with other City funds in such account. Interest accruing upon any such deposits shall inure to and be
created for the benefit of City. 2.5 Accounting. City shall keep an accounting of the City Costs and all deposits made by Developer. Upon written request, City shall provide statements of these accounts to Developer, which shall include descriptions of the City Costs, including the date, amount, and the
type of activity for which the cost was incurred. Failure of City to provide any accounting shall not excuse Developer’s duty to perform any act, including the duty to make full and timely deposits required under this Section 2. Developer may question or challenge any use of funds set forth in the accounting and may appeal same to the City Council. 2.6 Unexpended Funds. Upon completion of City’s assistance in connection with Developer’s completion of the Project, the granting or issuance of all necessary Project [Approvals/Entitlements], the expiration of all applicable appeal periods, and if a legal or administrative challenge is made to the [Approvals/Entitlements], then upon the resolution of such challenge, City shall return any then-unexpended portion of the deposit to Developer, without
interest, less an amount equal to any unpaid expenses previously incurred by the City.
D.7.b
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3. Additional Taxes, Fee, and Charges. Notwithstanding any provision to the contrary, Developer shall pay all normal and customary fees and charges applicable to all permits
and [Approvals/Entitlements] necessary for the Project, and any taxes, fees, and charges hereafter
imposed by City, which are standard and uniformly-applied to similar projects in the City. 4. City Release; Expiration. This Agreement shall expire three (3) years after the Effective Date unless Developer has outstanding reimbursement obligations to the City at such
time or City reasonably determines that the Project has not been abandoned and/or City will incur
additional reimbursable costs after such date, in which event this Agreement will be automatically extended for additional one (1) year terms until Developer has reimbursed all City Costs. 5. Remedies. In the event of a breach by Developer, City may, in addition to any other remedies, seek to recover the City Costs plus reasonable attorneys’ fees in enforcing this
Agreement. This provision will not be interpreted to curtail any of City’s remedies at law or equity against Developer for any violation of its codes, nor shall it be interpreted as a waiver of any defense of Developer. 6. Conflicts of Interest. 6.1 No Financial Relationship. Developer acknowledges the requirements of Government Code Sections 1090 et seq. (the “1090 Laws”) and warrants that it has not entered into any financial or transactional relationships or arrangements that would violate the 1090 Laws, nor shall Developer solicit, participate in, or facilitate a violation of the 1090 Laws.
6.2 Developer’s Representations and Warranties. Developer represents and warrants that it is duly authorized to do business in the State of California. Developer further represents and warrants that, for the 12-month period preceding the Effective Date of this Agreement, it has not entered into any arrangement to pay financial consideration to, and has not
made any payment to, any City official, agent or employee that would create a legally cognizable conflict of interest as defined in the Political Reform Act (California Government Code sections 87100 et seq.). 7. Developer Acknowledgements. Subject to the reimbursement obligations set forth
in this Agreement, Developer acknowledges and agrees that, with respect to the work concerning the [Approvals/Entitlements], and the Project: 7.1 City has sole discretion to select which of its employees and contractors are assigned to the work.
7.2 City has sole discretion to direct the work and evaluate the performance of the employees and contractors assigned to the work, and City retains the right to terminate or replace at any time any such person.
7.3 City has sole discretion to determine the amount of compensation paid to
employees or contractors assigned to the work.
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7.4 City, not Developer, shall pay employees and contractors assigned to the work from a City account.
8. Indemnification and Hold Harmless. 8.1 Agreement Not Liability or Debt of City. The Parties acknowledge that there may be challenges to the legality, validity and adequacy of this Agreement,
[Approvals/Entitlements], the Project itself, or other City actions related to the same. If such
challenges are successful, such challenges could delay or prevent the performance of this Agreement, [Approvals/Entitlements], or implementation of the Project. City shall have no liability whatsoever for the inability of Developer to obtain the [Approvals/Entitlements], implement the Project, as the result of any judicial determination that some or all of the [Approvals/Entitlements], the Project, or any other City action related to any of the same are
invalid or inadequate or not in compliance with law. No official, officer, employee or agent of the City shall be personally liable hereunder to any extent. The Parties further acknowledge and agree that this Agreement is not a debt of the City. The City shall not in any event be liable hereunder other than to return the unexpended and uncommitted portions of the deposit as provided in Section 2.6 above, and to provide an accounting under Section 2.5 above. The
City shall not be obligated to advance any of its own funds for any reason whatsoever. 8.2 Indemnification. Developer agrees to indemnify, protect, defend, and hold harmless the City and its officials, officers, employees, agents, elected boards, commissions, departments, agencies, and instrumentalities thereof, from any and all actions, suits, claims,
demands, writs of mandamus, liabilities, losses, damages, penalties, obligations, expenses, and any other actions or proceedings (whether legal, equitable, declaratory, administrative, or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to, arbitrations, mediations, and other such procedures) asserted by third parties against the City that challenge, or seek to void, set aside, or otherwise modify or annul, the action of, or any approval by, the City
for or concerning this Agreement, the [Approvals/Entitlements], the Project, or any other City action related to any of the foregoing (including, but not limited to, reasonable attorneys’ fees and costs) (herein the “Claims and Liabilities”) whether such Claims and Liabilities arise under planning and zoning laws, the Subdivision Map Act, CEQA, Code of Civil Procedure Sections 1085 or 1094.5, or any other federal, state, or local statute, law, ordinance, rule, regulation, or any
decision of a competent jurisdiction. In the event any action for any Claims and Liabilities is brought against the City and/or related parties, upon City’s notification to Developer of the pendency of a claim or suit, Developer shall make a minimum deposit sufficient to pay all of Developer’s indemnification obligations for the following ninety (90) days, which includes legal costs and fees anticipated to be incurred as reasonably determined by the City. Developer shall
make deposits (“Indemnity Deposit”) required under this section within five (5) days of the City’s written request. At no point during the pendency of such claim or suit shall the minimum balance of the Indemnity Deposit fall below One Hundred Thousand Dollars ($100,000). If Developer fails to timely pay such funds, the City may abandon the action without
liability to Developer and may recover from Developer any attorneys’ fees and other costs for
which the City may be liable as a result of abandonment of the action. It is expressly agreed that the City shall have the right to utilize the City Attorney’s office or use other legal counsel of its
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choosing. Developer’s obligation to pay the defense costs of the City shall extend until final judgment, including any appeals. City agrees to fully cooperate with Developer in the defense of
any matter in which Developer is defending and/or holding the City harmless. The City may make
all reasonable decisions with respect to its representation in any legal proceeding, including its inherent right to abandon or to settle any litigation brought against it in its sole and absolute discretion, and City’s reasonable decision to settle or abandon a matter, including but not limited to following an adverse judgment or failure to appeal, shall not cause a waiver of the City’s
indemnification rights. Any decision by the City to settle litigation shall not, without the written
consent of Developer, bind Developer. City shall discuss litigation strategy with Developer in good faith, but shall retain absolute discretion to make strategy decisions. 8.3 Exception. The obligations of Developer under this Section shall not apply to any claims, actions, or proceedings arising through the sole negligence or willful misconduct of
the City, its members, officers, or employees. 8.4 Period of Indemnification. The obligations for indemnity under Section 8.2 shall begin upon the Effective Date and shall survive termination or expiration of this Agreement.
9. Developer’s Rights Concerning Review of Documents. City shall give Developer at least ten (10) days’ notice along with copies of any proposed contract with a Consultant and related documents so that Developer shall have the opportunity to provide comments or objections thereto, prior to the City finalizing, filing, or otherwise releasing any of
the foregoing. The City shall also provide Developer with draft copies of all other reports and studies funded through this Agreement. Developer may discuss issues with the City or its consultants and may make comments orally or in writing. The City shall also use reasonable efforts to permit Developer's review with respect to agendas and staff reports for all open City Council, Planning Commission and other public body meetings at which the Project or related
matters are to be considered, and by providing Developer with draft copies thereof prior to or concurrently with the transmission of such documents to the appropriate body. It is expressly understood that any and all City consultants retained hereunder are under contract solely with the City, and the City is free to disregard the comments of Developer and exercise its independent judgment in making payments to the Consultant or revising or accepting the Consultant’s work
product, without any liability whatsoever to Developer therefor. 10. No Obligation to Approve Project. The provisions of this Agreement shall in no way obligate the City to grant any approvals or take any particular action related to an application for any approvals.
11. Assignment. Developer may not assign this Agreement to any other entity unless agreed to in writing by City and upon proof of the financial viability of the successor entity to fulfill the Agreement’s obligations. City’s consent to assignment shall not be unreasonably withheld.
D.7.b
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12. Relationship Between the Parties. The Parties agree that this Agreement does not operate to create the relationship of partnership, joint venture, or agency between City and
Developer. Nothing herein shall be deemed to make Developer an agent of City.
13. Authority to Enter Agreement. Developer warrants that it has the legal capacity to enter into the Agreement. Each Party warrants that the individuals who have signed the Agreement have the legal power, right, and authority to make this Agreement and bind each
respective Party.
14. Notices. All notices, demands, invoices, and communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:
To City: City of Grand Terrace 701 E. Grand Terrace Street Grand Terrace, CA 90745 Attn: Konrad Bolowich, City Manager/Scott Hutter, Planning Director & Antonio Lopez, Assistant Planner
Copy to: Aleshire & Wynder, LLP 1 Park Plaza Suite 1000 Irvine, CA 92614 Attn: Adrian Guerra, City Attorney
Email: aguerra@awattorneys.com To Developer: [insert name of company] [insert address] Attn: [insert name of individual]
Email: [insert email address] Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent; by messenger, as of the date delivered; by U.S. Mail first class postage prepaid, as of seventy-two (72) hours after deposit in the U.S. Mail; and by email,
upon the sender’s receipt of an email from the recipient acknowledging receipt. 15. Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
16. Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Unless otherwise specified, any term referencing time, days, or period for performance shall be deemed
calendar days and not business days, provided, however that any deadline that falls on a weekend
or holiday shall be extended to the next City business day. All references to Developer include all personnel, employees, agents, and contractors of Developer, except as otherwise specified in this
D.7.b
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Agreement. All references to City include its elected officials, appointed boards and commissions, officers, employees, agents, and volunteers. The captions of the various paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content, or intent of this Agreement. 17. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
18. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise. 19. Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation. 20. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 21. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect, and shall be construed so as to effectuate the intent of the Parties. 22. Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or
proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of San Bernardino, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a
governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure section 394. 23. Time is of the Essence. Time is of the essence with respect to this Agreement. 24. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument.
25. Entire Agreement. This Agreement contains the entire agreement between City
and Developer and supersedes any prior oral or written statements or agreements between City and Developer with respect to the subject matter of this Agreement.
D.7.b
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[SIGNATURES OF PARTIES ON NEXT PAGE]
D.7.b
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.
CITY: CITY OF GRAND TERRACE, a California municipal corporation
By:_________________________________
Konrad Bolowich, City Manager ATTEST:
By: Debra Thomas, City Clerk APPROVED AS TO FORM:
By: ____ Adrian R. Guerra, City Attorney DEVELOPER:
[INSERT NAME OF COMPANY], a [insert state] limited partnership By:____________________________________ Name:
Title: By:____________________________________ Name: Title:
Two corporate officer signatures required when Developer 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. DEVELOPER’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER’S BUSINESS ENTITY.
D.7.b
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01005.0018/813501.3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO On __________, 2024 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.
D.7.b
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO On __________, 2024 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.
D.7.b
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AGENDA REPORT
MEETING DATE: February 13, 2024 Council Item
TITLE: Appropriations for Barton Rd Slope Repair
PRESENTED BY: Kamran Dadbeh, Interim City Engineer
RECOMMENDATION: 1. Approve appropriations in the amount of $192,000 for the Barton Rd slope repair. 2. Award a contract to TK Construction for repair services in the amount of $192,000 plus a 10% contingency
($19,200) and authorize the City Manager to execute the
agreement subject to City Attorney approval as to form.
2030 VISION STATEMENT:
This staff report supports Goal #2 "Maintain Public Safety" by investing in critical improvements to infrastructure. BACKGROUND:
In October of 2023, there was significant subsidence of soil and collapse of the embankment on Barton Road north of Glendora Drive due to heavy rain. DISCUSSION: The intensity of the rain exceeded the storm drain's capacity, leading water to bypass the drain inlet and causing a complete collapse of the Barton Road embankment. Goodman and Associate were commissioned to assess the situation and propose
remedial actions. Subsequently, three contractors-Matich Corporation, Mike Roquet Construction, and TK Construction-attended an onsite meeting to evaluate the situation and submit proposals for remediation. The deadline for submissions was January 29th at 4 pm.
TK Construction was the sole contractor to submit a proposal for the necessary work. Staff recommends that the Council award a contract to TK Construction in the amount of $192,000 for the repair of the embankment on Barton Rd. ENVIRONMENTAL IMPACT None FISCAL IMPACT:
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Staff is recommending that City Council approve the appropriations of $192,000 plus a 10% contingency ($19,200) from the 2011 Bonds Proceeds. The balance of the 2011 Bond Proceeds as of February 13th, 2024 is $227,843.
ATTACHMENTS:
• TK Construction Agreement (DOCX)
• Scope of Work TK (PDF)
• Schedule of Compensation TK (PDF)
APPROVALS:
Kamran Dadbeh Completed 02/06/2024 11:00 AM
Shanita Tillman Completed 02/02/2024 12:47 PM
Finance Completed 02/06/2024 1:02 PM
City Manager Completed 02/07/2024 2:36 PM
City Council Pending 02/13/2024 6:00 PM
D.8
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01247.0001/959553.1
PUBLIC WORKS AGREEMENT
By and Between
CITY OF GRAND TERRACE
and
T K Construction
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AGREEMENT FOR PUBLIC WORKS SERVICES BETWEEN THE CITY OF GRAND TERRACE AND
TK CONSTRUCTION
BARTON ROAD WASHOUT PROJECT
This AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) BETWEEN THE CITY OF GRAND TERRACE (“City”) AND KIRTLEY CONSTRUCTION, INC. DBA TK
CONSTRUCTION, A CALIFORNIA CORPORATION (“Contractor”), is made and entered into
this ____ day of February, 2024. City and Contractor may be referred to, individually or collectively, as “Party” or “Parties.” RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Grand Terrace Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made
by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. WORK OF CONTRACTOR
1.1 Scope of Work.
In compliance with all terms and conditions of this Agreement, the Contractor shall
provide those services specified in the “Scope of Work” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and
professional manner, and is experienced in performing the work and services contemplated herein.
Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all
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materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice
recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Contract Documents.
The Scope of Work shall include the “General Provisions” and “Special Provisions” as provided in this Agreement, all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the bid documents and this Agreement, the terms of this
Agreement shall govern.
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Incorporation of Green Book.
The provisions of the 2021 Edition of the Standard Specifications for Public Works Construction, as updated by errata, (“Greenbook”) are incorporated herein, except as explicitly modified by the bid documents. In the event of any conflict between the provisions of the Greenbook and this Agreement, the terms of this Agreement shall govern.
1.5 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts
and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the
extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall
comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined
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by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
(d) Payroll Records. Contractor shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records.
(e) Apprentices. Contractor shall comply with and be bound by the
provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program.
Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours of labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor
Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any
subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon
compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section
1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of
this contract.”
Contractor’s Authorized Initials ________
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(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for
such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section
1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic
basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the
specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
1.6 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required
by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City
hereunder.
1.7 Familiarity with Work.
(a) By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities,
difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
(b) Contractor shall promptly, and before the following conditions are
disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions, materially different from those indicated; or (iii) unknown latent or physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally
recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder. 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 sole risk until written instructions are received from the Contract Officer.
(c) City shall promptly investigate the conditions, and if it finds that
the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase
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in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1.10 of this Agreement.
(d) In the event that a dispute arises between City and Contractor
whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided
either by contract or by law, which pertain to the resolution of disputes and protests between the
contracting parties.
(e) City will compensate Contractor to the extent required by Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement.
1.8 Protection and Care of Work and Materials.
The Contractor shall adopt reasonable methods, including providing and
maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection by City. Contractor
shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.
1.9 Warranty.
Contractor warrants all work under the Agreement (which for purposes of this
Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever
is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace
any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions,
including, without limitation, redesign, repairs, and replacements comply with the requirements of
the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall
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be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied,
are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not
such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the
City shall have the right to correct and replace any defective or non-conforming work and any
work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
1.10 Further Responsibilities of Parties.
Both Parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither Party shall be responsible for the service of the other.
1.11 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to
perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or any increase in the time to perform of up to one hundred eighty (180) days; and
does not materially affect the Scope of Work and which are not detrimental to the Scope of Work or to the interest of the City, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council.
(c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in
the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages of
workers and subcontractors performing the work for the Change Order at the time such work is
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done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: the cost of materials and
equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower.
(iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment
costs for the work under the Change Order. The daily report must include: list of names of workers,
classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day.
(d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute
discretion have similar work done by other contractors.
(e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.12 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part
hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed ONE HUNDRED NINETY TWO THOUSAND DOLLARS AND NO CENTS ($192,000.00) (the “Contract Sum”), unless additional compensation is approved
pursuant to Section 1.10.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the
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services less the contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates
are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the
Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures
for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer
in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall
not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is
certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall not invoice City for any duplicate services performed by more than one person.
City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed
invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are
disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
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2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed
to waive any defects in work performed by Contractor.
2.6 Substitution of Securities. (a) In conformance with the State of California Public Contract Code, Part 5, Section 22300, Contractor may substitute securities for any monies withheld by the City to ensure
performance under this Agreement.
(b) At the request and expense of Contractor, Contractor has the option of establishing an escrow account with a state or federally chartered bank which shall serve as an escrow agent, for Contractor’s direct deposit of securities as a substitute for retention earnings required to be withheld by the City. Upon Contractor’s completion of its obligations hereunder, as
evidenced by the City’s acceptance of the work pursuant to Section 3.3 hereof, the escrow agent shall return the securities to Contractor. The escrow agent shall notify the City within ten (10) days after deposit of the securities. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention. Securities shall be held in the name of the City and shall designate Contractor as the beneficial owner. Alternatively,
on written request of Contractor, the City shall make payments of the retention earnings directly to the escrow account.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within
ten (10) days of the commencement of such delay notify the Contract Officer in writing of the
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causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the
judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall
be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Inspection and Final Acceptance.
City may inspect and accept or reject any of Contractor’s work under this
Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forty-five (45) days after submission to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver
of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.
3.5 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding
one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor (“Principals”) are hereby designated as
being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
David King Vice President (Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation
of the foregoing Principals were a substantial inducement for City to enter into this Agreement.
Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be
replaced nor may their responsibilities be substantially reduced by Contractor without the express
written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform
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the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this
Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise
expressly conferred in writing by City. Contractor shall not at any time or in any manner represent
that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the City Manager or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified
herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner,
mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly
independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall
obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including
from the City) as may be required by law for the performance of any services or work under this
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Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for
the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted
hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall
release the Contractor or any surety of Contractor of any liability hereunder without the express
consent of City.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City which shall cover all elected and appointed officers, employees and agents of the City
(a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in
an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Contractor shall
maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
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(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by
Contractor, its agents, representatives, employees or subcontractors.
(c) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or
that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its
subcontractors.
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(g) Enforcement of contract provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Contractor of non-compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a given issue and
is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Contractor agrees to ensure that its subcontractors and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of
this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
(n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Contractor, the City and Contractor may renegotiate
Contractor’s compensation.
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(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
(p) Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability
policies.
(q) Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and
hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in
connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the
City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a
party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and
attorneys’ fees.
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In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights,
copyrights or trademark on any person or persons in consequence of the use by the Indemnified
Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same.
Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore,
and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence,
except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.
5.4 Notification of Third-Party Claims.
City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.
5.5 Performance and Payment Bonds.
Concurrently with execution of this Agreement, Contractor shall deliver to the City all of
the following bonds if the Contract Sum should exceed $25,000:
a. A performance bond securing the faithful performance of this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section 2.1.
b. A payment bond, securing the payment of all persons furnishing labor
and/or materials in connection with the work under this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section 2.1.
All bonds shall be on the applicable forms provided in Exhibit “D” and Exhibit “E” attached hereto and made part hereof. The bonds shall each contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of
his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement until released pursuant to Section 5.7 hereof.
5.6 Sufficiency of Insurer or Surety.
Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of
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Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better. If the City determines that the work to be performed under
this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that
the minimum limits of the insurance policies and the bonds may be changed accordingly upon receipt of written notice from the City’s Risk Manager.
5.7 Release of Securities.
City shall release the performance bond and payment bond when the following have
occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement;
(b) the Project has been accepted; and
(c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the payment bond
until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in
the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor
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agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein
or, if Contractor is providing design services, the cost of the project being designed, Contractor
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data,
notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full
rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use.
Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are
hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) Information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such
information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions,
response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Contractor for any damages, costs and
fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct.
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(d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by
Contractor. However, this right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San
Bernardino, State of California.
7.2 Disputes.
(a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to
Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect
to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
(b) Dispute Resolution. This Agreement is subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request
of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and
for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.
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7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any
contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of
this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum
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of One Thousand Dollars ($1,000) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance
(Exhibit “D”). The City may withhold from any monies payable on account of services performed
by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor
reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated
termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the
work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under
this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or
partial payment of the amounts owed the City as previously stated.
7.10 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s
fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other
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necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such
action is prosecuted to judgment.
7.11 Unfair Business Practices Claims.
In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700)
of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods,
services or materials related to this Agreement. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment of the Parties.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.1 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision
relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.2 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all
persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and
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that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.
8.3 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication
either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Grand Terrace, 22795 Barton Road, Grand Terrace, California 92313, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either
party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. All correspondence relating to this Agreement shall be serialized consecutively.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed
to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes
and cancels any and all previous negotiations, arrangements, agreements and understandings, if
any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the
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Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be
“remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s),
or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of
no force or effect. 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.)
Contractor’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not
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violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
City of Grand Terrace, a municipal corporation _____________________________________ Konrad Bolowich, City Manager
ATTEST:
_____________________________________
Debra Thomas, City Clerk APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP _____________________________________
Adrian R. Guerra, City Attorney CONTRACTOR:
KIRTLEY CONSTRUCTION, INC. DBA TK CONSTRUCTION By:
___________________________________ Name: David King Title: Vice President, By:
___________________________________ Name: Patricia Kirtley Title: Secretary/Treasurer Address: 740 W. 40th Street,
San Bernardino, CA 92407 Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
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01247.0001/959553.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2024 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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01247.0001/959553.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2024 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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01247.0001/959553.1 A-1
EXHIBIT “A”
SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and
requirements in Exhibit A-1, including, but not limited to, the “General Provisions” and “Special Provisions” and Addenda 1.
II. Brief description of the work to be performed under this Agreement is as follows (“Project”):
A. Remediation and reconstruction of failed slope embankment adjacent to Barton
Road in accordance with approved plans, specifications, and submitted proposal, attached hereto as Exhibit “A-1,” and including supplemental site preparation and new slope construction. III. In addition to the requirements of Section 6.2, during performance of the work, Contractor will keep the City apprised of the status of performance by delivering status reports on a weekly basis and pursuant to the construction timeline. Contractor shall also deliver status
reports as may be required by the City from time to time.
IV. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by the City.
V. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic
in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.
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EXHIBIT “A-1”PERFORMANCE BOND
Barton Road Washout Project
We, _________, as Principal, and ____________, as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Grand Terrace (“City”) for payment of the penal sum of __________ U.S. Dollars and ____ Cents
($_______). City and Principal have entered into an agreement, or are about to enter into the
agreement attached hereto and incorporated by reference herein, for completion of public works for the property(ies) referenced in said agreement. Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by City and Principal.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall in all things stand to and abide by, and well and truly keep and perform all of the covenants, conditions, and provisions in said agreement, and any alteration thereof made as therein provided, on Principal's part to be kept and performed at the time and in the manner therein specified, and shall indemnify
and save harmless the City, City’s engineer, and their consultants, and each of their officials, directors, officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. Surety agrees that should it fail to take over and diligently perform the agreement upon Principal's
default after notice and within the time specified in the agreement, Surety will promptly on demand deposit with City such amount as City may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall exist, notwithstanding any controversy between Principal and City regarding Principal's failure under the agreement, and payment by Surety should be conclusively presumed between the parties herein to relieve, as
demanded, Surety's obligations herein and shall be deemed proper payment as between Principal and Surety. Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder or the plans and specifications, or any matters
unknown to Surety which may affect Surety's risk shall in any wise affect its obligation on this bond, and it does thereby waive notice thereof. Principal and Surety agree that if the City is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay City's reasonable attorneys' fees
incurred, with or without suit, in addition to the above sum.
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01247.0001/959553.1
Executed this day of _________, ____.
Seal of Corporation _____________
By:____________________________________ Authorized Representative of Principal
Title: _____________
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES) Any claims under this bond may be addressed to: (check one)
Surety's agent for service of process in California: ( ) _____________________ [name of surety company] _________________________ ____________________________________
Name Street Number _________________________ ____________________________________ Street Number City and State _________________________ ____________________________________ City and State Telephone Number
_________________________ Telephone Number By:____________________________________ Attorney in Fact or other Representative
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)
Furnish the name, address and phone number of the company agent as well as the surety company.
Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwise meet the requirements of the agreement.
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01247.0001/959553.1
EXHIBIT A-2
PAYMENT BOND
Barton Road Washout Project We, ______, as Principal, and ____________, as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of
Grand Terrace (“City”) and those for whose benefit this bond insures in the sum of ______________ U.S. Dollars and ______ Cents ($________). City and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference herein, for completion of public works for the property(ies) referenced in said agreement. Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges
that the agreement herein referenced shall be that document as executed by City and Principal. If Principal or any of Principal's contractors or subcontractors, fails to pay any of the persons named in Section 9000 et seq. of the California Civil Code employed in the performance of the agreement for materials furnished or for labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, then Surety shall pay the same
in an amount not exceeding the sum specified above, and also shall pay, in case suit is brought upon this bond, such reasonable attorneys' fees as shall be fixed by the court. Surety agrees that it shall pay the amounts due the persons above named and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement.
If Surety fails to perform within the times specified in the agreement, Surety shall promptly on demand deposit with City such amount as City may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall extend, notwithstanding any controversy between Principal and City regarding Principal's failure under the agreement. Principal and Surety agree that any payment by Surety pursuant to this paragraph should be
conclusively presumed between the parties herein to relieve, as demanded, Surety's obligation herein and shall be deemed proper payment as between Principal and Surety. This bond shall insure to the benefit of any and all of the persons named in Section 9000 et seq. of the California Civil Code so as to give a right of action to them or their assigns in any suit brought
upon this bond. Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder, or the plans and specifications, or any matters unknown to Surety which might affect Surety's risk, shall in any way affect its obligation on this
bond, and it does hereby waive notice thereof. Principal and Surety agree that should City become a party to any action on this bond, that each will also pay City's reasonable attorneys' fees incurred therein in addition to the above sums.
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01247.0001/959553.1
Executed this _____________ day of ___________, ______.
Seal of Corporation ______________ By:______________________________
Authorized Representative of Principal
Title: __________ (ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)
Any claims under this bond may be addressed to: (check one) Surety's agent for service of process in California: ( ) ________________ [name of surety]
_________________________ _____________________________ Name Street Number _________________________ _____________________________
Street Number City and State _________________________ _____________________________ City and State Telephone Number _________________________
Telephone Number By:_____________________________ Attorney in Fact or other Representative (ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)
Furnish the name, address and phone number of the company agent as well as the surety company. Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwise meet the
requirements of the agreement.
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01247.0001/959553.1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
D.8.a
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01247.0001/959553.1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates submitted as part of Contractor’s Proposal as
provided in Exhibit C-1, provided that the City does not expressly or by implication agree that the actual amount of work will correspond with quantities given in Exhibit C-1, but reserves the right to increase or decrease the amount of any class or portion as deemed necessary or advisable by the City Engineer. Payment will be based upon
the actual quantities installed or constructed, unless otherwise specified.
II. A retention of five percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each item above, and with the approval of the Contract Officer, funds may be shifted from one item’s sub budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10.
IV. The City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed $192,000 as provided in Section
2.1 of this Agreement.
D.8.a
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01247.0001/959553.1
EXHIBIT C-1
D.8.a
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01247.0001/959553.1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work timely and in accordance with plans and specifications as provided in Exhibit A and such work shall be completed within 60 working days of the Notice to Proceed issued by the Contract Officer.
II. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
D.8.a
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UTILITIES
SHEET INDEX
SHEET NO. DESCRIPTION
TITLE SHEET
1
287 TENNESSEE STREET
SOUTHERN CALIFORNIA EDISON CO
ELECTRICITY GAS
TELEPHONE
REDLANDS, CALIFORNIA 92373
(909) 307-6759
CONTACT: KEVIN PURTY
REDLANDS, CALIFORNIA 92374
(909) 335-7772
CONTACT: DEVERY JENNINGS
SOUTHERN CALIFORNIA GAS CO
1981 WEST LUGONIA AVENUE
VERIZON
SHEET 1
SHEET 2
SHEET 3
TITLE SHEET
WATER
RIVERSIDE HIGHLAND WATER CO
12374 MICHIGAN STREET
GRAND TERRACE, CA 92313
(909) 825-4128
1980 ORANGE STREET LN, STE 100
REDLANDS, CA 92374
(909) 748-6663
CONTACT: FRANK MURPHY
SAWCUT & REMOVE AC PAVEMENT
CITY OF GRAND TERRACE
WITH THE COUNTY OF SAN BERNARDINO SURVEYOR AT NO ADDITIONAL COST TO THE CITY.
THE CONTRACTOR IS RESPONSIBLE FOR THE PROTECTION OF ALL UTILITY VALVES, BOXES,
BE CLEANED AND COATED WITH AN ASPHALTIC EMULSION.
AT ALL LOCATIONS WHERE NEW PAVEMENT JOINS EXISTING, THE EXISTING PAVEMENT SHALL
STRAIGHT LINES.
9.
10.
THE CONTRACTOR SHALL RESET MANHOLE RINGS TO SURROUNDING A.C. PAVEMENT GRADE.11.
THE CONTRACTOR SHALL CALL IN A LOCATION REQUEST TO UNDERGROUND SERVICE ALERT12.
OBSERVANCE OF THE CONTRACTOR'S WORK BY REPRESENTITIVES OF THE CITY ENGINEER'S OFFICE13.
ALL EXPOSED CONCRETE SHALL CONFORM IN GRADE, COLOR AND FINISH TO ALL ADJOINING14.
THE CONTRACTOR(S) SHALL COORDINATE CONSTRUCTION WITH ALL UTILITIES AND OTHER IMPROVEMENTS15.
CONTRACTOR IS INSTRUCTED TO REFER TO THESE PLANS AND THE SPECIFICATIONS, AND WHERE THERE16.
IF EXISTING UTILITIES OR ANY OTHER FACILITIES CONFLICT WITH THE PROPOSED IMPROVEMENTS, WORK SHALL17.
CONTRACTOR IS TO PROTECT PERMANENT MONUMENTS IN PLACE, PERMANENT MONUMENTS DESTROYED18.
COVERS, AND ADJUSTING OF ALL CITY WATER VALVE BOXES AND COVERS TO FINISH GRADE.
(U.S.A.), PHONE NUMBER 1 (800) 227-2600, TWO WORKING DAYS BEFORE DIGGING. NO
INSPECTION WILL BE PROVIDED BY THE CITY ENGINEER'S OFFICE, AND NO CONSTRUCTION
PERMIT ISSUED BY THE PUBLIC WORKS DEPT. INVOLVING EXCAVATION FOR UNDERGROUND
FACILITIES WILL BE VALID UNLESS THE APPLICANT HAS BEEN PROVIDED AN INQUIRY IDENTIFICATION
SHALL NOT RELIEVE THE CONTRACTOR OF THE FINAL AND ULTIMATE RESPONSIBILITY FOR THE
CONTRACTOR OF THE IMPROVMENTS IN ACCORDANCE WITH THESE PLANS AND ANY REFERANCED
CURBS AND SIDEWALKS.
INCLUDING, BUT NOT LIMITED TO, GAS, TELEPHONE, ELECTRICAL, LIGHTING, TELEVISION CABLE, LANDSCAPING,
LANDSCAPING IRRIGATION, DOMESTIC WATER, RECLAIMED WATER, SEWER, STORM DRAINAGE, FLOOD CONTROL
IS OR MAY BE A CONFLICT SHALL IMMEDIATELY REPORT SAID CONFLICT OR POSSIBLE CONFLICT
TO THE CITY.
STOP AND THE ENGINEER NOTIFIED IMMEDIATELY. A NO FEE CONSTRUCTION PERMIT SHALL BE OBTAINED
BY THE CONTRACTOR, SHALL BE RESET BY THE CONTRACTORS SURVEYOR AND CORNER RECORDS FILED
NUMBER BY U.S.A.
SPECIFICATIONS, STANDARD DRAWINGS OR DETAILS.
SYSTEMS, ETC.
FROM THE CITY OF LOMA LINDA ENGINEERING DIVISION PRIOR TO START OF ANY WORK WITHIN THE CITY LIMITS.
NOTIFY CITY ENGINEER'S OFFICE AT (909) 825-6621 24 HOURS PRIOR TO TESTS.
ALL EXISTING PAVEMENT TO BE REMOVED SHALL BE SAWCUT AND REMOVED TO CLEAN
THE CONTRACTOR SHALL MAINTAIN DUST CONTROL AT ALL TIMES.
THE CONTRACTOR SHALL SATISFY HIMSELF THAT THE ESTIMATED QUANTITIES SHOWN ARE
ALL TRENCH BACK FILL AND SUBMITTING THEM TO THE CITY ENGINEER FOR APPROVAL.
UTILITY CONTRACTORS SHALL BE RESPONSIBLE FOR OBTAINING COMPACTION TESTS OF
IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO CALL THE CITY ENGINEER'S
IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO OBTAIN ALL NECESSARY PERMITS.
NOT SHOWN ON THESE PLANS. NEITHER THE CITY OF GRAND TERRACE NOR THE
WITH THE JOB SITE AND THE LOCATION OF UNDERGROUND FACILITIES SHOWN OR
IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO FAMILIRIZE HIMSELF
SUPPLEMENTS, AND THE STANDARD PLANS AND SPECIFICATIONS OF THE
SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (LATEST EDITION), WITH
GENERAL NOTES
ALL WORK SHALL BE IN ACCORDANCE WITH THESE PLANS, THE STANDARD
2.
OFFICE AT (909) 825-6621 FOR INSPECTION 24 HOURS PRIOR TO PREFORMING
ENGINEER WILL BE RESPONSIBLE FOR ANY DAMAGE TO UNDERGROUND FACILITIES.
8.
7.
6.
5.
4.
3.
1.
CITY OF GRAND TERRACE.
ANY WORK. WORK PREFORMED WITHOUT CALLING FOR INSPECTION SHALL BE REJECTED
AND SHALL BE REMOVED SOLELY AT THE CONTRACTOR'S EXPENSE.
CORRECT BEFORE BIDDING ON ANY ITEM.
1
SEWER
CITY OF COLTON WASTEWATER
106 S 10TH STREET
COLTON, CA 92324
(909) 370-6131
180 SF
CONSTRUCTION NOTES
WASHOUT REMEDIATION PLAN
BARTON ROAD
EXISTING CONDITIONS
GRADING AND PAVEMENT PLAN
PROJECT SITE
VICINITY MAP
OVER COMPACTED MATERIAL (PER SOILS REPORT)
PLACE AC PAVEMENT & CL2AB (MATCH EXISTING STRUCTURAL SECTION) 2
CONSTRUCTION 8" AC BERM PER SBCO STD 117 3
REMOVE EXISTING AC BERM 4
5 RECONSTRUCT/REPAIR EXISTING SLOPE (PER SOILS REPORT)
200 SF
91 LF
91 LF
100 CY FILL*
*
1-800-227-2600
A PUBLIC SERVICE BY UNDERGROUND SERVICE ALERT
DIAL
TOLL FREE
YOU DIG
BEFORE
TWO WORKING
DAYS BEFORE
YOU DIG
REVISIONSMARK
FOR CITY USE ONLY: FILE NO.
DRAWN BY:
RECOMMENDED BY:
CHECKED BY:
EXP 12/31/24
CITY ENGINEER - KAMRAN DADBEHDATEAPPR.BY
3
W.O. NO.
SHEET ___ OF
_____SHEETS
CITY OF GRAND TERRACEAPPROVED 2023 DRAWING
NO.
(909) 824-2775
DOUGLAS L. GOODMAN R.C.E. 28500
2079 SKY VIEW DRIVE
COLTON, CALIFORNIA 92324
REGSTE
ERDSSO
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EN
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CALFORNIAST
T
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NFPRO
CIVIL
No. 28500
Expir
es 3-31-
DO UGLAS
N
GOODMA
L.
ASSOCIATES
Goodman&
DATE
MY LICENSE EXPIRES 3-31-24
24
REGISTERED CIVIL ENGINEER NO. 52185
BENCH MARK:
PRIOR TO BEGINNING CONSTRUCTION
AND DEPTH OF EXISTING UTILITIES
CONTRACTOR TO VERIFY LOCATION
NOTE:
DRAFT PRINT DATE 11/17/23
BARTON ROAD
WASHOUT REMEDIATION PLAN
SHRINKAGE.
ADJUSTMENTS FOR SUBSIDENCE OR
THESE ARE RAW QUANTITIES WITH NO
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995
9
9
0
960
965970
9
5
5
9
5
5
955
95
5
9
5
5
9
6
0
9
6
0
9
6
0
9
6
0
9
6
0
960
9
6
5
9
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5
965
965
96
5
9
6
5
96
5
9
6
5
9
7
0
970
97
0
970
9
7
0
9
7
0
970
9
7
0
970
970
97
5
975
9
7
5
9
7
5
9
7
5
97
5
97
5
9
7
5
975
9
75
98
0
980980
980
98
0
980
9
8
0
98
0
980
9
8
0
985
9
85
985
9
8
5
985
9
8
5
98
5
985
9
9
0
990
990
990
990
99
5
9
9
5
995
1000
10
0
0
1000
10
0
5
10
1
0
1
0
1
0
1-800-227-2600
A PUBLIC SERVICE BY UNDERGROUND SERVICE ALERT
DIAL
TOLL FREE
YOU DIG
BEFORE
TWO WORKING
DAYS BEFORE
YOU DIG
REVISIONSMARK
FOR CITY USE ONLY: FILE NO.
DRAWN BY:
RECOMMENDED BY:
CHECKED BY:
EXP 12/31/24
CITY ENGINEER - KAMRAN DADBEHDATEAPPR.BY
3
W.O. NO.
SHEET ___ OF
_____SHEETS
CITY OF GRAND TERRACEAPPROVED 2023 DRAWING
NO.
(909) 824-2775
DOUGLAS L. GOODMAN R.C.E. 28500
2079 SKY VIEW DRIVE
COLTON, CALIFORNIA 92324
REGSTE
ERDSSO
A
L
E
N
G
EN
E
ER
CALFORNIAST
T
A
E OF
NFPRO
CIVIL
No. 28500
Expir
es 3-31-
DO UGLAS
N
GOODMA
L.
ASSOCIATES
Goodman&
DATE
MY LICENSE EXPIRES 3-31-24
24
REGISTERED CIVIL ENGINEER NO. 52185
BENCH MARK:
PRIOR TO BEGINNING CONSTRUCTION
AND DEPTH OF EXISTING UTILITIES
CONTRACTOR TO VERIFY LOCATION
NOTE:
DRAFT PRINT DATE 11/17/23
BARTON ROAD
WASHOUT REMEDIATION PLAN
20 200 40 60
SCALE 1"= 20'
EXISTING CONDITION
2
B
A
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T
O
N
R
D
D
W
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P
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D
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SEE SHT 3
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1-800-227-2600
A PUBLIC SERVICE BY UNDERGROUND SERVICE ALERT
DIAL
TOLL FREE
YOU DIG
BEFORE
TWO WORKING
DAYS BEFORE
YOU DIG
REVISIONSMARK
FOR CITY USE ONLY: FILE NO.
DRAWN BY:
RECOMMENDED BY:
CHECKED BY:
EXP 12/31/24
CITY ENGINEER - KAMRAN DADBEHDATEAPPR.BY
3
W.O. NO.
SHEET ___ OF
_____SHEETS
CITY OF GRAND TERRACEAPPROVED 2023 DRAWING
NO.
(909) 824-2775
DOUGLAS L. GOODMAN R.C.E. 28500
2079 SKY VIEW DRIVE
COLTON, CALIFORNIA 92324
REGSTE
ERDSSO
A
L
E
N
G
EN
E
ER
CALFORNIAST
T
A
E OF
NFPRO
CIVIL
No. 28500
Expir
es 3-31-
DO UGLAS
N
GOODMA
L.
ASSOCIATES
Goodman&
DATE
MY LICENSE EXPIRES 3-31-24
24
REGISTERED CIVIL ENGINEER NO. 52185
BENCH MARK:
PRIOR TO BEGINNING CONSTRUCTION
AND DEPTH OF EXISTING UTILITIES
CONTRACTOR TO VERIFY LOCATION
NOTE:
DRAFT PRINT DATE 11/17/23
BARTON ROAD
WASHOUT REMEDIATION PLAN
1 SAWCUT & REMOVE AC PAVEMENT
CONSTRUCTION NOTES
OVER COMPACTED MATERIAL (PER SOILS REPORT)
PLACE AC PAVEMENT & CL2AB (MATCH EXISTING STRUCTURAL SECTION) 2
CONSTRUCTION 8" AC BERM PER SBCO STD 117 3
REMOVE EXISTING AC BERM 4
5 RECONSTRUCT/REPAIR EXISTING SLOPE (PER SOILS REPORT)
PAVEMENT REMEDIATION & GRADING
3
5 50 10
SCALE 1"= 5'
EXIST SEWER MH (PIP)
1
4.5'
4.5'
4
1
.
0
'
2
3
4 3
JOIN EXIST
REPLACEMENT
END AC BERM
26+02
2
5
2
6
BERM REMOVAL
BEG AC PAVE &
25+11
5
AND REPLACEMENT
END AC PAVE REMOVAL
25+52
EXIST 'COLTON' SIGN (PIP)
9
6
3
9
6
5
9
7
0
9
7
5
9
8
0
9
8
5
9
9
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9
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5
5
9
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9
6
5
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7
0
970
9
7
5
9
7
5
98
0
980985
990
9
9
0
99
5
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1 of 2
Company Name: Date:
Attention of:
Project Number:BN
This Proposal is based on:
We hereby submit an estimate for:
Item
1 ls
75 cy
2,300 sf
1 ls
18 cy
184.5 sf
184.5 sf
92 lf
*
*
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*Some vegetation may be removed to gain access to site. Proposal does not assume replacing.
Proposal Total:$192,000.00
Proposal does not include any work on existing sewer line.
Traffic plans will be implemented using WATCH manual. No engineered plans.
No weekend or night work.
can be accessed with large equipment, is not a natural waterway, and is no fee to work in
Flagmen will be used for road repair.
Proposal assumes mobilizing & stockpiling at the base of the site. It is assumed this area
Guard rail (by others)
Roadway inlay pave with 4 inch thick PG 64-10 over 8 inches of base compacted.
Roadway overlay cap with 2 inch thick PG 64-10
Remove and replace 8 inch AC berm
Furnish and install geo grid.
Backfill slope
Roadway strip and recompact.
Mobilization and demobilization 192,000.00$
Material import, trucking, and stockpile (import to fill dirt)
Project Description Sub-Total
Email: Kdadbeh@grandterrace-ca.gov Estimator:David King
State Prevailing Wages
Phone #:909-954-5192 City / State / Zip Grand Terrace, CA
Fax #:
City / State / Zip Grand Terrace, CA 92313 240122 R1
Project Address:Barton Rd
Kamran Dadbeh
Address:22795 Barton Rd Project Name: Barton Shoulder Repair
PROPOSAL
PROPOSAL SUBMITTED TO:Page No.
City of Grand Terrace Wednesday, January 31, 2024
TK CONSTRUCTION
P.O. BOX 9608, SAN BERNARDINO, CA 92427
(909)473-8739
Fax (909) 473-3067
License #811801
D.8.c
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Project Number:BN 2 of 2
*
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We hereby propose to furnish labor - complete in accordance with the above specifications, for the sum of
The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as
specified. Payment will be made as outlined above.
ACCEPTED:SIGNATURE
DATE:SIGNATURE
Authorized Signature
ACCEPTANCE OF PROPOSAL
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to
standard practices. Any alteration or deviation from above specifications involving extra costs will be executed
only upon written orders, and will become an extra charge over and above the estimate. All agreements
contingent upon strikes, accident or delays beyond our control. This proposal subject to acceptance within 30
days and it is void thereafter at the option of the undersigned.
with payments to be made as follows:
Payment to be made upon completion of project
Technical Specs Dated: N/A
Plans dated:N/A
One Hundred and Ninety Two Thousand Dollars and Zero Cents $192,000.00
Owner to provide: permit fees if required
All work to be done in one mobilization. Additional mobilizations will be billed as extra.
240122 R1 Page No.
Project Specific Notes:
District to secure access permission for all areas of work.
Encroachment to be "No Fee". All other fees to be paid for by District.
David King
D.8.c
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AGENDA REPORT
MEETING DATE: February 13, 2024 Council Item
TITLE: Street Rehabilitation Project: FY 2023-24 CIP and City Yard Improvements
PRESENTED BY: Kamran Dadbeh, Interim City Engineer
RECOMMENDATION: 1. Adopt a resolution of the City Council of the City of Grand Terrace in the County of San Bernardino, State of California, adopting the revision to the Fiscal Year 2023-24 Five-Year Capital Improvement Plan (CIP) for Fiscal Years
2023-24 through 2027-28.
2. Find that the Capital Improvement Project (CIP 2023-1) is categorically exempt from the California Environmental
Quality Act (CEQA) pursuant to CEQA Regulations Section
15301(c) and authorize the preparation and filing of a Notice of Exemption as applicable.
3. Award the Capital Improvement Project (CIP 2023-24)
to Hardy & Harper, Inc. on the Base Bid and approve the public works agreement with Hardy & Harper, Inc., in the amount of $1,188,000, plus a 10% contingency ($118,800) for the construction of the Capital Improvement Project (CIP
2023-24), and authorize the City Manager to execute the
agreement, subject to City Attorney approval as to form.
4. Award a contract to Willdan for Inspection Services
for Capital Improvement Project (CIP 2023-24) in the amount of $36,240 plus a 10% contingency ($3,624), and authorize the City Manager to execute the agreement, subject to City Attorney approval as to form.
2030 VISION STATEMENT:
This staff report supports Goal #2 "Maintain Public Safety" by investing in improvements to public infrastructure. BACKGROUND:
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The City of Grand Terrace secured American Rescue Plan Act (ARPA) funds to address deferred maintenance on both the State Highway System and the local street and road
network.
DISCUSSION: Upon reviewing the streets designated for the FY 2023-24 CIP, savings from two
previous CIP projects allow expansion to include additional paving segments. The
recommendation is to add Main Street, a short section of Barton Road, and improvements to the City Maintenance Yard to the FY 2023-24 CIP. A bid package, including construction plans, technical specifications, and bid documents, was prepared and advertised.
The project encompasses street rehabilitation, including paving, striping, and sidewalk replacement, at the following locations (see attached map):
• De Berry Street from Michigan Street to East End
• Whistler Street from De Berry Street to Cardinal Street
• Wren Street from Whistler Street to Observation Drive
• Finch Street from Whistler Street to Observation Drive
• Barton Road from Mt. Vernon Avenue to Palm Avenue
• Main Street from High School to East End (North Side Only)
• City Yard Improvements
Bids were accepted until 10:00 a.m. on Monday, November 27th, 2023. The City Clerk received four timely bids as follows:
• Hardy & Harper Inc., Lake Forest: $1,188,000
• Matich Corp., Highland: $1,290,382
• Onyx Paving Company, Inc., Anaheim: $1,484,000
• R.J. Noble, Orange: $1,499,612
Staff solicited proposals from Willdan for project inspection. Based on the foregoing,
Staff recommends that the City Council concurs with staff’s recommendation. CEQA FINDING:
Paving projects fall under the categorical exemption from the California Environmental
Quality Act (CEQA) pursuant to CEQA Regulations Section 15301(c) because they relate to repair/maintenance of existing streets. FISCAL IMPACT:
This project will be funded by ARPA funding, account #94-175-257-000-000 if City Council approves recommendations 2-4.
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ATTACHMENTS:
• Project Locations (PDF)
• Willdan Proposal (PDF)
• Hardy & Harper Bid (PDF)
APPROVALS:
Kamran Dadbeh Completed 01/29/2024 10:34 AM
Shanita Tillman Completed 02/07/2024 2:08 PM
Finance Completed 02/07/2024 2:22 PM
City Manager Completed 02/07/2024 2:33 PM
City Council Pending 02/13/2024 6:00 PM
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December 20, 2023
Kamran Dadbeh, City Engineer
City of Grand Terrace, Public Works Department 22795 Barton Road
Grand Terrace, CA 92313 Subject: REV: Proposal for Inspection Services for the Pavement Rehabilitation on De Berry Street
Project and City Yard Improvements
Dear Mr. Dadbeh: Willdan Engineering is pleased to present the City of Grand Terrace with this proposal to assist in managing and inspecting the City of Grand Terrace’s Pavement Rehab and City Yard Improvements. Willdan Engineering has been providing construction management and inspection services to California cities and counties for 59 years, including Grand Terrace, Highland, Bell, Lakewood, Downey, and Cerritos. We are well suited to partner with the City of Grand Terrace to achieve a fast-track approach for planned infrastructure projects.
Willdan will provide staffing professionals who are committed to providing the City with top-quality service. The following strengths are what set us apart from the competition and make us the best-qualified team for this assignment:
Highly Skilled Construction Inspector. Our proposed Public Works Inspector, Mr. Justin Parent possesses over 15 years of experience in the construction field. He is proficient in providing inspection of work quality and materials to ensure conformance to plans, specifications, codes, ordinances, and regulations of projects.
Mr. Parent offers extensive street improvement experience to the City of
Grand Terrace.
Unmatched Pavement Improvement Project Experience. Willdan has provided construction management and/or inspection on an extensive amount of pavement related projects for over 59 years, including bike lanes, rehabilitations, slurry seals, and street widening.
Our project team has
experience working together on hundreds of public works projects throughout the region.
Large Company with Boutique Company Approach. We have the resources of a large company but are staffed by individuals who respect our clients' unique needs. Every Willdan employee – including those working at
City offices – seeks to understand each city's goals, policies, and practices based upon what is written in their general plans and development codes and how those goals and policies have been applied over time. This approach has contributed to Willdan’s success.
We have worked with nearly
90% of California cities and counties to deliver 13,000+ projects, serving over 3,400 clients.
Willdan looks forward to the opportunity to assist the City of Grand Terrace on this very important project. Should you have any questions regarding our proposal, please do not hesitate to contact me at (310)-502-6335.
Respectfully submitted, Approval and Authorization to Proceed By: WILLDAN ENGINEERING CITY OF GRAND TERRACE Chris Baca, RCI, CESSWI Director of Construction Management Signature and Inspection Services Date
910005\06-140\P23-377R2_25924
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WILLDAN CONSTRUCTION SERVICES EXPERTISE
Willdan provides expertise in all areas of project and construction management, contract administration, construction inspection and observation, grant funding administration and compliance, labor compliance, and community relations. Willdan's corporate philosophy emphasizes strong leadership, cost effectiveness, timely performance, and consistent reciprocal communication with clients and internal and external resources.
Our resident engineers, construction managers, and construction inspectors offer reliable service, quality workmanship, use of good judgment, fair and equitable treatment, and adherence to our corporate integrity. These experienced team members identify and correct discrepancies, ambiguities, omissions, or conflicts in plans, specifications, and bid schedules that might generate misinterpretation and/or lead to agency and contractor disagreements. Our professionals are adept at anticipating issues before they arise through continual review of project plans, specifications, contractors’ schedules, and contract documents. Potential problems are brought to the attention of the City's Project Manager and/or the contractor, along with constructive recommendations for solutions, so that costly delays and negative impacts to the public and the project are mitigated.
METHODOLOGY
Project Understanding
Willdan understands the City of Grand Terrace requires the services of a qualified construction manager and inspector to provide full-time inspection services for 30 working days and will include cold milling, existing AC pavement, AC removals and reconstructions, ARHM Overlays, AC Base Overlays and Adjusting Utilities to grade; signing, striping, loop detector replacements, and traffic control; removal and replacement of cross gutters and spandrels, including adjacent curb and gutter, and ADA curb ramps.
Project Approach Willdan provides expertise in all areas of construction management, inspection, labor compliance, and community relations to residents and businesses affected by construction. Our experienced team members serve as construction managers, resident engineers, and inspectors and provide significant insight for identifying and correcting discrepancies, ambiguities, omissions, or conflicts in contract documents that could generate misinterpretation and/or disagreements between the City and the contractor. Our goal is to anticipate or diminish potential problems before they arise through continual review of project plans, specifications, contractor’s schedule, and other contract documents. The graphic below shows potential challenges when undertaking a pavement project and how Willdan works to mitigate those challenges.
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Our team is adept at:
▪ Anticipating job site problems and dealing with issues in a professional, straightforward fashion
▪ Calling job site problems to the project manager’s and/or contractor’s attention
▪ Offering constructive recommendations and achieving cooperation from the contractor ▪ Addressing concerns of the public
Our approach to issue resolution is to:
▪ Obtain and document the facts surrounding the issue.
▪ Develop reasonable solutions in conjunction with the contractor and City project manager.
▪ Respond quickly and effectively so that job progress and quality do not suffer.
Through close communication with the City’s project staff, timely corrective action is taken to alleviate potential adverse impacts of work progress, costly change orders, and construction claims.
QUALITY CONTROL/QUALITY ASSURANCE
Willdan will perform Quality Assurance and Quality Control of this project through a diligent review of all work and documentation. Quality Assurance and Quality Control will begin with the pre-construction meeting, at
which time the scope of the project and control requirements will be reviewed with the General Contractor. Once construction begins, the next step in the Quality Control process will be the verification of materials and components to be installed. Once the material and components arrive onsite, Willdan Inspectors will spot-check these materials and components to verify they match the construction documents. The Inspectors will maintain a detailed record of samples, tests, material releases, and certificate of compliance for the project.
Willdan Inspectors closely monitor projects to ensure compliance with all contract requirements. Most of our inspectors have American Construction Inspectors Association (ACIA) certification and attend regular seminars, college courses, and in-house presentations to keep abreast of current construction technologies.
In addition to ACIA, many of our staff are certified QSPs and QSDs and are provided with the latest information concerning the implementation of the State Water Board permit. Willdan’s inspectors have knowledge of basic soil dynamics and are highly cognizant of the crucial role of soils compaction in construction. They are also familiar with the need for general material testing for asphalt and concrete. The basic goal of the quality assurance plan is to provide quality work delivered on time and within budget. We do this by adhering to the following steps.
Willdan adopted Caltrans' Construction Manual (LAPM) as our in-house quality standard and has incorporated Caltrans' prescribed standards and procedures into our everyday inspection routine. This ensures we meet
federal and state guidelines from the start.
Contractor Compliance
Our inspection staff has extensive experience with a myriad of public works projects and our staff has a clear understanding of the issues surrounding inspection of the work. For example, when constructing trench backfill, our inspector will ensure adequate compaction has been achieved. Inspectors will monitor the work for conformance with the plans and specifications. Willdan’s inspectors will monitor the contractor’s operations for conformance with City compaction standards by working with the City’s approved material testing lab and will not accept any trench backfill or allow any pavement repair until proper compaction is verified by the lab. Delivery tickets will be checked to ensure materials match the approved submittals.
Address contractor
coordination issues
Identify key dates
to maintain the
project schedule
Investigate
constructability
Discuss project
sequencing Track progress
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PROJECT EXPERIENCE
Recent Project Experience
Pavement Rehabilitation Barton Road
City of Grand Terrace Willdan provided public works inspection for the City’s pavement rehabilitation project. Willdan provided
public works inspection for the public improvements for the new site improvements at 22181 Barton Road. The work includes sidewalk repair, curb/gutter, minor paving, and other appurtenant work.
Pavement Rehabilitation Various Streets
City of Grand Terrace Willdan provided public works inspection for the City’s various street pavement rehabilitation project. Willdan will provide public works inspection for the public improvements for the City's Barton Road Pavement Rehabilitation Project. The work includes cold milling, ARHM paving, PCC repairs, and other appurtenant work.
Pavement Rehabilitation STR200002A Pacific Street
City of Highland Willdan provided the services of a qualified construction engineering consultant to provide construction management and inspection services. This project involves pavement rehabilitation including pavement
griding, cold central plant recycling, pavement removal and replacement, and asphalt rubber overlay. The scope of work includes minor removal and replacement of damaged concrete sidewalk, curb and gutter, and gross gutter; grinding raised sidewalk panels; slurry seal, crack repair, crack seal; adjusting valve covers to final grade, protection of manholes; and installation of striping and markings.
Construction Management/Inspection STR20003
City of Highland
Willdan provided the services of a qualified construction engineering consultant to provide construction management and inspection services or the Sector E Pavement Rehabilitation Project, City Project No. str20003. This project involves pavement rehabilitation including pavement griding, cold central plant recycling, pavement removal and replacement, and asphalt rubber overlay. The scope of work includes minor removal and replacement of damaged concrete sidewalk, curb and gutter, and gross gutter; grinding raised sidewalk panels; slurry seal, crack repair, crack seal; adjusting valve covers to final grade, protection of manholes; and installation of striping and markings.
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SCOPE OF WORK
Construction Inspection
The Construction Inspector will observe work performed by the contractor for general
conformance with the plans and specifications. The project inspector will be expected to be onsite at all times during construction activities.
1. Review plans, specifications, and all other contract- and construction-related documents.
2. Conduct a field investigation of the project area to become familiar with the existing facilities and the project environment.
3. Become familiar with traffic control plans, construction schedule, construction sequence, and permit requirements from other agencies.
4. Verify that the contractor conforms to the design survey line and grades.
5. Attend weekly progress meetings with the construction manager, contractor, and subcontractors.
6. Provide full-time and as-needed construction inspection, including night inspection, of the work to monitor materials and methods for compliance with plans, specifications, and contract documents; address and document non-conforming items as they are discovered.
7. Monitor compliance with Cal OSHA requirements and compliance with all local, state, and federal regulations. Although Willdan will monitor the activities, it is the contractor’s sole responsibility to provide workers with a safe working environment.
8. Monitor compliance with the Clean Air Act and the Clean Water Act (National Pollutant Discharge Elimination System – NPDES best management practices). Also, monitor the contractor’s compliance with approved SWPPP.
9. Meet with the contractor at the beginning of each day and review the proposed work plan, including specific details that may affect progress.
10. Conduct daily measurements of quantities of work with the contractor.
11. Review actual contractor performance throughout the day and discuss discrepancies with the contractor as they occur.
12. Assist in coordination of engineering support, surveying, specialty inspections, and fieldwork by utility companies.
13. Ensure compliance of Underground Service Alert notification/delineation.
14. Evaluate the contractor’s operation and production with respect to quality and progress and report to the City’s Project Manager and Construction Manager.
15. Photograph continuous property frontages along the street alignment once prior to construction
and once immediately following construction. Maintain a photographic record of key elements of each major operation of work each day, with increased detail in situations of potential changes or claims.
16. Closely monitor testing results and require the contractor to provide corrective measures to
achieve compliance.
17. Maintain copies of all permits needed to construct
the project and enforce special requirements of each.
18. Prepare and maintain detailed daily diary inspector reports on construction progress.
19. Prepare clear and concise letters and memoranda, as needed. Establish a solid paper trail.
20. Maintain field file bound workbooks and Willdan electronic file during construction, including a cumulative record of quantities constructed, daily
and weekly reports, working day reports, change order documentation, photographs, and other documentation.
21. Provide complete measurements and calculations documented to administer progress payments.
22. Maintain and submit a clean set of plans marked in red for as-built corrections on record drawings to be filed with the City. (City’s design consultant will transfer the contractor’s record drawings to
original Mylar drawings).
23. Prepare a punch list at substantial completion
and follow up with the contractor regarding progress of corrections.
24. Schedule a final inspection with the City and applicable agencies; prepare, distribute, and inspect corrections to the final punch list for completion; and recommend final acceptance.
25. Prepare documentation for final payment to the contractor.
Scope of work to be provided by the City:
Construction Management
The City’s designated Construction Manager will
manage and coordinate all aspects of the project including delivering the project on time and within budget.
1. Prepare construction file. A copy of Willdan’s LAPM file checklist can be provided upon request.
2. Ensure contractor distributes public construction notices and places construction and information signs.
3. Prepare special concerns to be presented at preconstruction conference.
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4. Conduct preconstruction meeting, prepare meeting minutes, and distribute to attendees.
5. Through Willdan’s system of project control, monitor activities related to project such that project is constructed in timely fashion pursuant to contract documents.
6. Log, track, and process submittals, RFIs, releases for construction (RFCs), contract change orders (CCOs), field directives, notices of proposed change (NOPCs), non-conformance reports (NCRs), construction schedule, and detailed traffic control plan.
7. Closely review schedule and advise contractor to take action on schedule slippage.
8. Document contractor’s 20-day notices, mechanic’s liens, and stop notices.
9. Assume responsibility for coordination with inspection staff and City staff.
10. Monitor and coordinate activities of design engineering support, surveying, testing, and work by utilities or other agencies.
11. Coordinate contractor’s field work with utility companies and other agencies.
12. Prepare weekly statement of working days and submit it to contractor and City.
13. Evaluate and respond to contractor’s requests for clarification of plans and specifications.
14. Ensure that all questions, conflicts, and issues are immediately brought to City’s attention and addressed with appropriate directives to contractor.
15. Perform quantity, time, and cost analyses required for negotiation of contract changes.
16. Negotiate and prepare change orders, including memorandum of explanation and cost estimates, to substantiate change order and send to City for review.
17. Monitor and perform immediate and thorough analysis of validity of all potential claims that arise.
18. Maintain all data for change orders and record information regarding time of dispute, time of notification by contractor, and action taken by inspector.
19. Monitor materials documentation and testing results and enforce corrections.
20. Review for approval contractor’s progress payment requests, including verifying LAPM compliance status and impact on payment; negotiate differences over amount with contractor; and process payments through City's Project Manager.
21. Monitor preparation of punch list at substantial completion and follow up.
22. Routinely review construction files to ensure conformance to City standards and good construction management practices.
23. Ensure City receives as-built set of drawings at completion.
24. Assist City with stop notices and release of retention.
25. Provide memorandum of clearance to issue notice of completion.
26. Finalize and deliver all construction files and supplies to City for their records.
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PROJECT FEE Willdan proposes to perform the required inspection services on a time and materials (T&M) basis. Willdan’s proposal is based upon the City’s
estimated 30 Working Day construction schedule. Our proposed not-to-exceed fee for the Scope of Work identified above is $36,240.00.
Classification
Public Works Inspector (Prevailing Wage)
Total Hrs. Total
$151/hr
Preconstruction 0 0
Construction
Management 0 0
Construction Inspection 240 240 $36,240.00
Total Not-to-Exceed Fee $36,240.00
1 Hours are estimated and will be dependent upon the Contractor’s final phasing and scheduling of the work.
2 Additional service needed beyond 30 working days will be provided on a time-and-material basis at Willdan's standard hourly rates.
3 Overtime inspection services are not included but will be billed at 1.5 times normal hourly rate if required and may require adjustment to the approved budget. Work performed by support staff with titles not explicitly listed herein will be charged in accordance with Willdan's City of Grand Terrace’s Project 2023 specified hourly rates.
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Justin C. Parent
Public Works Observer and Special Inspector
Profile Summary
Certifications: ▪ Master of Special Inspection, ICC #8095138
▪ Radiation Safety and Nuke Gauge Training
▪ Structural Welding Special Inspector (S2), ICC #8095138
▪ Structural Steel and Bolting Special Inspector (S1), ICC #8095138
▪ Reinforced Concrete Special Inspector, ICC #8095138
▪ Structural Masonry Special Inspector, ICC#8095138
▪ ACI Concrete Field-Testing Technician Grade 1, #01150639
▪ General Education Development #05202005ET0433
Experience: ▪ 15 Years
Mr. Justin Parent has 15 years’ experience in public works construction, specializing in concrete, masonry, and structural inspection, monitoring for compliance to approved plans and
specifications and maintaining documentation of construction and inspection activities. He has been a Special Inspector for 12 years and is certified in Structural Welding, Steel and Bolting, Reinforced Concrete, and Masonry. He has deep knowledge of construction techniques and understands blueprints, codes, and applicable manuals. Mr. Parent possesses great attention to detail, works well with contractors and cities, and has excellent technical and communication skills.
Relevant Project Experience
Rolling Hills Estates Pavement Rehabilitation Project, City of Rolling Hills Estates, California. Public Works Inspector. Willdan is providing Construction Management and Inspection services for this project, which consists of pavement rehabilitation on Dapplegray Lane and Palos Verdes Drive North to North End, Buckskin Lane and Dapplegray to North End, Sorrell
Lane and Dapplegray to East End, Strawberry Lane and Palos Verdes Drive to North End, including removal and construct AC pavement, cold mill existing AC pavement, ARHM overlay, construct gutter, adjust manhole, adjust water valve to grade, adjust gas valve to grade.
Pavement and Sidewalk Rehabilitation Various Streets CIP No 2023-1, City of Grand Terrace, California. Public Works Observer. Willdan is providing Construction Management and Construction Observation services for this pavement and sidewalk rehabilitation on La
Cadena Drive from Litton Ave to Barton Rd, Michigan Ave from W. Main St to Commerce Way, Palm Ave from Barton RD to Honeyhill Dr, Van Buren St from Mt. Vernon to Observation Dr, Pico St from West End to East End, and Vivienda Ave/CT from Barton Rd to Cul-de-Sac. This project included removal of pavement and replacement, cold milling, ARHM, as well as manhole adjustments, water valve adjustments to grade, and signing and striping.
Hemet Valley Bikeway Improvement Project, City of Hemet, California. Public Works Observer. Willdan is providing Construction Management and Construction Observation Services. The project requires a remotely located Construction Manager/Project Engineer and one full-time construction observer to perform observation services. All documentation is controlled utilizing VPM. The project constructs bicycle improvements along a four-mile route that
extends from the northern City limit to a new transportation mobility station located along the NMTP Salt Creek Corridor. It provides a needed connection to activity centers within the City. Project elements include Class II and III facilities, bicycle detection, bike boxes, bike lockers, and
bike repair stations. A transportation mobility station provides bicycle staging areas and linkages to regional trails. Other improvements include pavement rehabilitation, street widening, improved signage, lane striping, curb, gutter, sidewalk, and ADA ramps. Missing sidewalks, faded striping,
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City of Grand Terrace
inadequate signage, and an overall lack of amenities currently discourage active transportation as a mobility option.
CDBG Pavement Rehabilitation Project, City of Highland, California. Public Works Inspector.
Willdan is providing construction management and inspection services for this project, which
involves pavement rehabilitation including pavement grinding, cold central plant recycling,
pavement removal and replacement, and asphalt rubber overlay. The work includes removal and
replacement of damaged concrete sidewalk, curb and gutter, cross gutter, grinding raised
sidewalk panels, slurry seal, crack repair, crack seal, adjustment of valve covers to final grade,
protection of manholes, and installation of striping and markings.
Sector E Pavement Rehabilitation Project, City of Highland, California. Public Works
Inspector. This project involves pavement rehabilitation including pavement grinding, cold central
plant recycling, pavement removal and replacement, and asphalt rubber overlay. The scope of
work includes minor removal and replacement of damaged concrete sidewalk, curb and gutter,
gross gutter, grinding raised sidewalk panels; slurry seal, crack repair, crack seal; adjusting valve
covers to final grade, protection of manholes; and installation of striping and markings.
BUSD, Mayfair High School STEAM Center, Lakewood, California. Special Materials
Inspector. Mr. Parent served as Special Materials Inspector for this project, involving a new 77,566 square foot, 2-story STEAM Building with 42,284 square foot first floor and 35,282 square foot second floor Structural Steel Building.
Kinesiology & Athletics Complex, Orange Coast College, Costa Mesa, California. Special Materials Inspector. Mr. Parent was the Special Materials Inspector for this project that was comprised of one 65-meter X 75’-1” competition long course swimming pool, one 25 yard X 75’-1” instructional / therapy pool, deck canopy shade structure, three buildings, one exterior storage enclosure, one exterior deck shower enclosure, three areas or parking alterations and site improvements including, one 16’ max high soldier pile retaining wall.
Language Arts and Social Science Building, Orange Coast College, Costa Mesa, California. Special Materials Inspector. Mr. Parent acted as Special Materials Inspector during the completion of a $61.5 million Language Arts and Social Science Building at Orange Coast College (OCC). The three-story 107,760-square-foot facility houses classrooms, office spaces, conferences rooms and support spaces, including a computer lab for English as a Second
Language, facilities for speech, debate and theater, and a journalism newsroom for the college’s student-run newspaper, “Coast Report.”
Palm Springs Fire Station No. 4, Palm Springs, California. Special Materials Inspector. Mr.
Parent served as Special Materials Inspector for this new multi-story wood framed building. After completion, Fire Station # 4 reopened to continue its legacy of almost five decades of service to the south end of Palm Springs.
Soboba Casino, San Jacinto, California. Special Materials Inspector. Mr. Parent was Special Materials Inspector for this project, consisting of a new casino with a new structural steel six-story hotel. The new casino features up to 2,000 slot machines on an 83,500-square-foot gaming floor.
The entire resort spans 480,000 square feet and includes a 200-room hotel. The new Soboba Resort features a banquet center for events and a variety of cafes and bars.
Planetarium, Orange Coast College, Costa Mesa, California. Special Materials Inspector. Mr.
Parent acted as Special Materials Inspector for this 12,124 SF planetarium building, intended to be an iconic statement that stimulates and educates individuals of all ages and backgrounds in the world of science. The workshop has a wide range of faculty from science, math, art, music, humanities, administrators, staff, and community representatives. It also houses a 130-seat immersive theatre/planetarium, a Foucault pendulum, exhibit areas and staff support.
D.9.b
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City of Grand Terrace
Heroes Hall, Orange County Fairgrounds, Costa Mesa, California. Special Materials Inspector. Mr. Parent served as Special Materials Inspector for the Heroes Hall project that consists of 3,600 square feet of exhibition space, as well as the Medal of Honor Courtyard and Walk of Honor which features 5,000 square feet of space and is conducive for events and larger gatherings.
Newport Beach Main Water Line, Newport Beach, California. Special Materials Inspector. Mr. Parent was Special Materials Inspector for the Newport Beach Main Water Line project that involved miles of multiple 2’ water main to service fresh water to Newport Beach.
Interdisciplinary Complex, Orange Coast College, Costa Mesa, California. Special Materials Inspector. Mr. Parent acted as Special Materials Inspector for this new multi-story structural steel and masonry buildings project, including site work and fire lanes. The 90,000-sq. ft. three-story,
Phase I, Interdisciplinary Classroom (IDC) complex is located on the north edge of the college’s main quad.
Laguna Niguel City Hall, Laguna Niguel, California. Special Materials Inspector. Mr. Parent
served as Special Materials Inspector for this $24 million-dollar City project to construct the new 40,800-square-foot building at Alicia and Crown Valley parkways.
Target, City of Brea, California. Special Materials Inspector. Mr. Parent was Special Materials
Inspector for this project involving a one-story structural steel building built on a one-story parking garage, located at 415 South La Brea. The store is approximately 59,000 square feet and shares its new building with a Sprouts market and two restaurants.
D.9.b
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AGENDA REPORT
MEETING DATE: February 13, 2024
TITLE: Concrete Rehabilitation Project - Sidewalk and Ramp Replacement
PRESENTED BY: Kamran Dadbeh, Interim City Engineer
RECOMMENDATION: 1. Find that the Concrete Rehabilitation Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Regulations Section 15301(c) and authorize the preparation and filing of a Notice
of Exemption as applicable.
2. Award the Concrete Rehabilitation Project to Hardy & Harper, Inc., on the Base Bid and approve the public works
agreement with Hardy & Harper, Inc., in the amount of
$84,315.00 plus a 10% contingency ($8,431.50) and authorize the City Manager to execute the agreement subject to City Attorney approval as to form.
3. Award a contract to Willdan for Inspection Services in
the amount of $18,120 plus a 10% contingency ($1,812) and authorize the City Manager to execute the agreement subject to City Attorney approval as to form.
2030 VISION STATEMENT: This staff report supports Goal #2 "Maintain Public Safety" by investing in critical
infrastructure improvements. BACKGROUND: The City of Grand Terrace received American Rescue Plan Act (ARPA) funds to
address deferred maintenance on both the State Highway System and the local street and road network. DISCUSSION:
The Concrete Rehabilitation Project aims to replace sidewalks and ramps at various locations (see attached list) uplifted by trees, presenting unsafe walkways for pedestrians. A bid package, including construction plans, technical specifications, and bid documents, was prepared and advertised for construction bids. Bids were accepted
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until 10:00 a.m. on Monday, November 27th, 2023. The City Clerk received timely bids from two contractors:
• Hardy & Harper Inc., Lake Forest: $84,315
• Onyx Paving Company, Inc., Anaheim: $111,000 Staff solicited proposals from Willdan for project inspection. Based on the foregoing, staff recommends the City Council concur with this recommendation.
ENVIRONMENTAL IMPACT:
Paving projects fall under the categorical exemption from the California Environmental
Quality Act (CEQA) pursuant to CEQA Regulations Section 15301(c) due to their
relation to the repair and maintenance of existing streets.
FISCAL IMPACT:
This project will be funded from account No. 94-175-257-000-000 if City Council
approves recommendations 2 and 3.
ATTACHMENTS:
• Willdan Proposal (PDF)
• Hardy & Harper Bid (PDF)
APPROVALS:
Kamran Dadbeh Completed 01/29/2024 10:33 AM
Shanita Tillman Completed 02/06/2024 12:25 PM
Finance Completed 02/06/2024 4:03 PM
City Manager Completed 02/07/2024 2:33 PM
City Council Pending 02/13/2024 6:00 PM
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December 13, 2023
Kamran Dadbeh, City Engineer City of Grand Terrace, Public Works Department
22795 Barton Road Grand Terrace, CA 92313
Subject: Proposal for Inspection Services for Concrete Rehabilitation for Various Locations Dear Mr. Dadbeh: Willdan Engineering is pleased to present the City of Grand Terrace with this proposal to assist in managing and inspecting the City of Grand Terrace’s Concrete Rehabilitation at various locations. Willdan Engineering has been providing construction management and inspection services to California cities and counties for 59 years, including Grand Terrace, Highland, Bell, Lakewood, Downey, and Cerritos. We are well suited to partner with the City of Grand Terrace to achieve a fast-track approach for planned infrastructure projects.
Willdan will provide a staffing professional who is committed to providing the City with top-quality service. Serving public agencies is the cornerstone of Willdan’s business. Willdan's proposed staff members are experienced in working together as an integral part of municipal agency improvement projects and can provide exemplary staff for the City’s role requests. The following strengths are what set us apart from the competition and make us the best-qualified team for this assignment:
Highly Skilled and Inspector. Our proposed Public Works Inspector, Joseph Putrino, has 35 years of experience in Public Works, with strong leadership qualities and the ability to manage projects successfully. He possesses exceptional decision-making capabilities and is meticulous in ensuring project specifications are compliant with contracts and requirements.
Joseph Putrino offers
extensive concrete repair
experience to the City of
Grand Terrace.
Unmatched Grading and Pavement Improvement Project Experience. Willdan has provided construction management and/or inspection on an extensive amount of pavement related projects for over 58 years, including overlays, bike lanes, rehabilitations, slurry seals, and street widening.
Our project team has
experience working together
on hundreds of public works
projects throughout the
region.
City of Grand Terrace Experience. Willdan has provided construction
management and inspection services to several of the City of Grand Terrace’s projects. These include 23400 Westwood Street Improvements, 12040 La Cadena Drive Improvements, Civil Work Tract 18071, San Bernardino Indian Health Center, 22200 Barton Road, and the Sidewalk 2017 improvements.
Our staff has hands‐on
working knowledge and
direct experience
implementing City of Grand
Terrace standards.
Willdan looks forward to the opportunity to assist the City of Grand Terrace on this very important project. Should you have any questions regarding our proposal, please do not hesitate to contact me at (310) 502-6335.
Respectfully submitted, Approval and Authorization to Proceed By: WILLDAN ENGINEERING CITY OF GRAND TERRACE Chris Baca, RCI, CESSWI Director of Construction Management Signature and Inspection Services Date
910005\06-140\P23-388_25944
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City of Grand Terrace
Page | 2
WILLDAN CONSTRUCTION SERVICES EXPERTISE
Willdan provides expertise in all areas of project and construction management, contract administration, construction inspection and observation, grant funding administration and compliance, labor compliance, and community relations. Willdan's corporate philosophy emphasizes strong leadership, cost effectiveness, timely performance, and consistent reciprocal communication with clients and internal and external resources.
Our resident engineers, construction managers, and construction inspectors offer reliable service, quality workmanship, use of good judgment, fair and equitable treatment, and adherence to our corporate integrity. These experienced team members identify and correct discrepancies, ambiguities, omissions, or conflicts in plans, specifications, and bid schedules that might generate misinterpretation and/or lead to agency and contractor disagreements. Our professionals are adept at anticipating issues before they arise through continual review of project plans, specifications, contractors’ schedules, and contract documents. Potential problems are brought to the attention of the City's Project Manager and/or the contractor, along with constructive recommendations for solutions, so that costly delays and negative impacts to the public and the project are mitigated.
QUALITY CONTROL/QUALITY ASSURANCE
Willdan will perform Quality Assurance and Quality Control of this project through a diligent review of all work
and documentation. Quality Assurance and Quality Control will begin with the pre-construction meeting, at which time the scope of the project and control requirements will be reviewed with the General Contractor. Once construction begins, the next step in the Quality Control process will be the verification of materials and components to be installed. Once the material and components arrive onsite, Willdan Inspectors will spot-
check these materials and components to verify they match the construction documents. The Inspectors will maintain a detailed record of samples, tests, material releases, and certificate of compliance for the project.
Willdan Inspectors closely monitor projects to ensure compliance with all contract requirements. Most of our inspectors have American Construction Inspectors Association (ACIA) certification and attend regular
seminars, college courses, and in-house presentations to keep abreast of current construction technologies. In addition to ACIA, many of our staff are certified QSPs and QSDs and are provided with the latest information concerning the implementation of the State Water Board permit. Willdan’s inspectors have knowledge of basic soil dynamics and are highly cognizant of the crucial role of soils compaction in construction. They are also
familiar with the need for general material testing for asphalt and concrete. The basic goal of the quality assurance plan is to provide quality work delivered on time and within budget. We do this by adhering to the
following steps.
Willdan adopted Caltrans' Construction Manual (LAPM) as our in-house quality standard and have incorporated Caltrans' prescribed standards and procedures into our everyday inspection routine. This ensures we meet federal and state guidelines from the start.
Contractor Compliance Our inspection staff has extensive experience with a myriad of public works projects and our staff has a clear understanding of the issues surrounding inspection of the work. For example, when constructing trench backfill, our inspector will ensure adequate compaction has been achieved. Inspectors will monitor the work for conformance with the plans and specifications. Willdan’s inspectors will
monitor the contractor’s operations for conformance with City compaction standards by working with the City’s approved material testing lab and will not accept any trench backfill or allow any pavement repair until proper compaction is verified by the lab. Delivery tickets will be checked to ensure materials match the approved submittals.
Address contractor
coordination issues
Identify key dates
to maintain the
project schedule
Investigate
constructability
Discuss project
sequencing Track progress
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City of Grand Terrace
Page | 3
SCOPE OF WORK
Construction Inspection
The Construction Manager and Inspector will observe work performed by the contractor for
general conformance with the plans and specifications. The project inspector will be expected to be onsite at all times during
construction activities.
1. Review plans, specifications, and all other contract- and construction-related documents.
2. Conduct a field investigation of the project area to become familiar with the existing facilities and
the project environment.
3. Become familiar with traffic control plans,
construction schedule, construction sequence, and permit requirements from other agencies.
4. Verify that the contractor conforms to the design survey line and grades.
5. Attend weekly progress meetings with the construction manager, contractor, and
subcontractors.
6. Assist with review of up to (8) shop
drawings/submittals, including resubmittals.
7. Provide full-time and as-needed construction
inspection, including night inspection, of the work to monitor materials and methods for compliance
with plans, specifications, and contract documents; address and document non-conforming items as they are discovered.
8. Monitor compliance with Cal OSHA requirements and compliance with all local, state, and federal regulations. Although Willdan will monitor the
activities, it is the contractor’s sole responsibility to provide workers with a safe working
environment.
9. Provide City’s labor compliance manager with
federally-compliant labor and equipment reports.
10. Monitor compliance with the Clean Air Act and
the Clean Water Act (National Pollutant Discharge Elimination System – NPDES best management practices). Also, monitor the contractor’s compliance with approved SWPPP.
11. Meet with the contractor at the beginning of each day and review the proposed work plan, including
specific details that may affect progress.
12. Conduct daily measurements of quantities of
work with the contractor.
13. Review actual contractor performance
throughout the day and discuss discrepancies with the contractor as they occur.
14. Assist in coordination of engineering support, surveying, specialty inspections, and fieldwork by utility companies.
15. Ensure compliance of Underground Service Alert notification/delineation.
16. Evaluate the contractor’s operation and production with respect to quality and progress
and report to the City’s Project Manager and
Construction Manager.
17. Photograph continuous property frontages along
the street alignment once prior to construction and once immediately following construction.
Maintain a photographic record of key elements of each major operation of work each day, with
increased detail in situations of potential changes or claims.
18. Closely monitor testing results and require the contractor to provide corrective measures to
achieve compliance.
19. Maintain copies of all permits needed to construct
the project and enforce special requirements of each.
20. Prepare and maintain detailed daily diary inspector reports on construction progress.
21. Prepare clear and concise letters and memoranda, as needed. Establish a solid paper
trail.
22. Maintain field file bound workbooks and Willdan
electronic file during construction, including a cumulative record of quantities constructed, daily
and weekly reports, working day reports, change order documentation, photographs, and other
documentation.
23. Analyze delays and review claims on a timely
basis and make recommendations to the construction manager.
24. Assist with the review and evaluation of up to (3) change orders.
25. Provide complete measurements and calculations documented to administer progress
payments.
26. Maintain and submit a clean set of plans marked
in red for as-built corrections on record drawings to be filed with the City. (City’s design consultant
will transfer the contractor’s record drawings to original Mylar drawings).
27. Prepare a punch list at substantial completion and follow up with the contractor regarding
progress of corrections.
28. Schedule a final inspection with the City and
applicable agencies; prepare, distribute, and inspect corrections to the final punch list for
completion; and recommend final acceptance.
29. Prepare documentation for final payment to the
contractor.
30. Upon project completion, provide the finished set
of project workbooks to the City.
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City of Grand Terrace
Page | 4
PROJECT FEE Willdan proposes to perform the required inspection services on a time and materials (T&M) basis. Willdan’s proposal is based upon the City’s
estimated 30 Working Hours construction schedule. Our proposed not-to-exceed fee provides part-time public works inspection and includes the work items listed in our proposed scope work.
Classification Rate Hrs. Total
Construction Manager and Public Works Inspector (Prevailing Wage Senior Public Works Inspector) $151 120 Hrs. $18,120.00
Total Not-to-Exceed Fee $18,120.00
1 Hours are estimated and will be depended upon the Contractor’s final phasing and scheduling of the work. 2 Additional service needed beyond 30 working days will be provided on a time-and-material basis at Willdan's standard hourly rates. 3 Overtime inspection services are not included but will be billed at 1.5 times normal hourly rate if required and may require adjustment to the approved budget. Work performed by support staff with titles not explicitly listed herein will be charged in accordance with Willdan's Grand Terrace Project specified hourly rates.
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City of Grand Terrace
Page | 5
Joseph Putrino
Construction Manager/Senior Public Works Observer
Profile Summary Education: ▪ College of the Desert, Palm Desert
▪ Uniform Building Code, Fire Code, and ADA Codes, Bergen Community College
▪ Construction Management, Architectural Drafting, and Blueprint Reading Courses
Registration: ▪ Certified Building Inspector, International Code Council
▪ Certified Plumbing Inspector, International Code Council
▪ Certified Mechanical Inspector, International Code Council
▪ Contractor License Class A and B, No. 636747
Experience: ▪ 35 Years
Mr. Joseph Putrino is experienced in all aspects of public works construction projects. He possesses
extensive experience with estimating project costs, progress schedules, bid preparation, and complete
project administration.
Relevant Project Experience
22051 Grand Terrace Road, City of Grand Terrace, California. Public Works Inspector. The project
includes inspection for the public improvements associated with the construction of the new building at
22051 Grand Terrace Road.
22200 Barton Road, City of Grand Terrace, California. Public Works Inspector. The project includes
public works inspection for the public improvements associated with the construction of the new 5,342
SF multi-tenant building located at 22200 Barton Road.
23400 Westwood Rough Grading Project, City of Grand Terrace, California. Public Works Inspector. The
project included construction of new on and off-site improvements at the remodeled San Bernardino
Indian Health Center. The project involved the installation of new curb/gutter, rough grading and finish
grading of new parking lot, drainage structures, asphalt repair, and other appurtenant work.
Slurry Seal, De Luz Community Service District, California. Construction Manager. Willdan provided
construction management, inspection, and labor compliance for the De Luz Community Service District’s
Slurry Seal project.
22172 Barton Road/Taco Bell Rough Grading Project, City of Grand Terrace, California. Public Works
Inspector. The project included construction of new on and off-site improvements at the remodeled Taco
Bell at 22172 Barton Rd. The project involved the installation of new curb/gutter, rough grading and finish
grading of new parking lot, drainage structures, asphalt repair, and other appurtenant work.
Police Substation CP 15-07, City of Palm Springs, California. Public Works Inspector. The project includes
ADA upgrades to the police station restrooms, water features, and landscape improvements.
Public Library Improvements, City of Yorba Linda, California. Public Works Inspector. The project
included engineering design services to prepare construction plans to demolish the existing Public Library
for the City of Yorba Linda at 18181 Imperial Highway. The scope of work included hazardous material
testing, utility coordination, and contract document preparation.
Fire Station No. 4 Remodel and Expansion City Project 15-25, City of Palm Springs, California. Senior
Public Works Observer. The project involved remodeling and expanding the fire station approximately
2,820 square feet to address sleeping quarter separation, decontamination areas, and general ADA
compliance issues. The project construction encompassed demolition, asbestos remediation, structural
foundations, structural retrofit and framing, utility equipment yard enclosure, electrical service
transformer, wet and dry utilities, fire line, sprinkler and alarm systems, keyless entry system, vehicle
emission exhaust system, sand/oil separator, site furnishings and furniture, lighting fixtures, doors and
windows, miscellaneous concrete work, ADA-compliant ramps, site drainage, landscaping, signing and
striping, emergency alerting system, back-up generator, and fuel tank.
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AGENDA REPORT
MEETING DATE: February 13, 2024 Council Item
TITLE: Introduction and First Reading by Title Only, with Further Reading Waived an Ordinance Amending Title 12.08 Street
Excavation
PRESENTED BY: Shanita Tillman, Senior Management Analyst
RECOMMENDATION: Introduction and First Reading by Title Only, with Further Reading Waived an Ordinance Amending Title 12.08 Street Excavation
BACKGROUND:
The City of Grand Terrace introduced Ordinance No. 64, incorporating Chapter 12.08
into the Grand Terrace Municipal Code (GTMC) to regulate excavations and trenching
in public rights of way. Amendments followed in 1990 (Ordinance No. 125), addressing cash deposits and public service companies, in 2005 (Ordinance No. 218), imposing fines for non-compliance, and in 2020 (Ordinance No. 330), granting the City Council authority over fees and deposits.
On January 9, 2024, staff proposed the adoption of Chapter 12.08 to the Council. Post-meeting, the Council suggested adding a jack and boring requirement along Barton Rd, Mount Vernon Ave, De Berry St, Van Buren St, Pico St, Main Street, and Observation St.
DISCUSSION: The City is actively engaged in the revision process with the primary objective of simplifying content, updating language in alignment with prevailing standards,
introducing a new street pavement moratorium, and eliminating "Attachment A:
Specifications for Construction Within the Right of Way." Going forward, adherence to construction specifications will be under the direct guidance of the City Engineer, eliminating redundancy and ensuring compliance with the latest engineering standards and guidelines.
The proposed amendments include the incorporation of Section 12.08.330, introducing
a new pavement moratorium. This section aims to address pavement degradation, uphold street structural integrity, provide a smooth surface for all transportation modes, and minimize negative visual impacts. Key provisions are highlighted below:
Limitations on Excavation for Recently Constructed Streets:
Post-Construction Moratorium: For projects completed in FY 2021-2022 and onwards,
pavement surface excavation is restricted for five (5) years from completion or the
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recordation of a notice of completion. On slurry-sealed streets, this moratorium extends to three (3) years from completion unless the applicant agrees to cover the cost of resurfacing the street with a minimum two-inch-thick asphaltic concrete cap. This
resurfacing must extend 50 feet on either side of the proposed excavation longitudinally
from the centerline of the street.
FISCAL IMPACT:
A fiscal impact will not occur as a result of the ordinance adoption.
ATTACHMENTS:
• Street Excavations Ordinance (DOCX)
• Chapter_12.08___Street Excavations (DOCX)
APPROVALS:
Shanita Tillman Completed 12/14/2023 12:37 PM
Finance Completed 01/04/2024 10:10 AM
City Manager Completed 01/05/2024 1:40 PM
City Council Completed 01/09/2024 6:00 PM
City Council Pending 02/13/2024 6:00 PM
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01247.0001/926552.5 1
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, STATE OF CALIFORNIA, AMENDING CHAPTER 12.08
(“STREET EXCAVATIONS”) OF TITLE 12 (“STREETS, SIDEWALKS
AND PUBLIC PLACES”) OF THE GRAND TERRACE MUNICIPAL CODE
IN ITS ENTIRETY BY ESTABLISHING EXCAVATION AND TRENCHING
STANDARDS
WHEREAS, in 1982 the City of Grand Terrace (“City”) adopted Ordinance No. 64, adding Chapter 12.08 relating to Excavations in City Streets and Public Places (“Chapter 12.08”) to the Grand Terrace Municipal Code (“GTMC”), in order to establish rules and
regulations to govern excavations and trenching within the public right of way by project
applicants, residents, and utility companies; and
WHEREAS, in 1990 the City adopted Ordinance No. 125 amending Chapter 12.08 of the GTMC by repealing section 12.08.360, and adding sections 12.08.080 entitled Cash Deposits and 12.08.360 entitled Public Service Companies; and
WHEREAS, in 2005 the City adopted Ordinance No. 218 adding section 12.08.410
to Chapter 12.08 establishing fines of $1,000.00 for failure to obtain a street cut permit and failure to comply with specifications established in the chapter; and
WHEREAS, in 2020 the City adopted Ordinance No. 330 amending sections 12.08.080 and 12.08.260 in Chapter 12.08 to authorize the City Council to adopt certain
fees and deposits by resolution; and
WHEREAS, the City desires to amend Chapter 12.08 (Street Excavations) of the GTMC to streamline its content, update the language to align with prevailing standards, include a directional boring requirement, as practical, along main thoroughfares within the City such as Barton Rd, Mount Vernon Ave, De Berry St, Van Buren St, Pico St, Main St,
and Observation St, implement a new, street pavement moratorium, and remove
“Attachment A: Specifications for Construction Within the Right of Way.” Henceforth, all pertinent construction specifications shall be diligently adhered to as promulgated and directed by the City Engineer. This obviates the necessity for redundant documentation and ensures conformity with the most up-to-date engineering standards and guidelines.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals are true and correct and incorporated herein by reference.
SECTION 2. CEQA. The City Council finds that the actions contemplated by this
Ordinance are exempt from the California Environmental Quality Act ("CEQA") pursuant
to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations,
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01247.0001/926552.5 2
Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 3. Chapter 12.08 (“Street Excavations”) of Title 12 (“Streets, Sidewalks
and Public Places”) of the Grand Terrace Municipal Code is hereby amended and shall be replaced and superseded in its entirety, by the revised Chapter 12.08 (“Street Excavations”) of Title 12 (“Streets, Sidewalks and Public Places”) as set forth in Exhibit “A”, attached hereto and incorporated herein by this reference as though set forth in full.
SECTION 4. City of Grand Terrace seeks to ameliorate pavement degradation,
maintain structural integrity of thoroughfares, maintain and preserve a smooth surface for
all modes of transportation, and reduce negative visual impacts. By revising Chapter 12.08 (Street Excavations), property owners, contractors or utilities companies with proposed projects that require excavation of roadways can more effectively plan for excavation activities while preserving the integrity of public right of ways.
SECTION 5. The inclusion of a comprehensive street pavement moratorium for
those public right of ways that have recently been constructed or rehabilitated serves as an instrumental mechanism in preserving and fortifying the structural integrity of the City's thoroughfares. This measure ensures that the newly rehabilitated streets remain undisturbed during a critical period, thereby optimizing the efficacy of the rehabilitation
and safeguarding the municipality's infrastructure investments.
SECTION 6. Severability. If any provision(s) of this Ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to
be severable. The City Council hereby declares that they would have adopted this
ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
SECTION 7. Posting. The City Clerk shall certify to the passage and adoption of
this Ordinance by the City Council and shall cause this ordinance to be published or posted in accordance with Government Code Section 36933 as required by law.
SECTION 8. This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand
Terrace at a regular meeting held on the 13th day of February, 2024.
_____________________________
Bill Hussey Mayor
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01247.0001/926552.5 3
ATTEST:
____________________________
Debra Thomas City Clerk
APPROVED AS TO FORM:
____________________________
Adrian R. Guerra
City Attorney
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Title 12 - STREETS, SIDEWALKS AND PUBLIC PLACES
Chapter 12.08 STREET EXCAVATIONS
01247.0001/960130.2
Grand Terrace, California, Municipal Code
Page 1 of 12
Chapter 12.08 STREET EXCAVATIONS
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01247.0001/960130.2
Page 2 of 12
12.08.010 Title of ordinance.
The ordinance codified in this chapter shall be known and may be cited as the "Street Excavation Ordinance."
12.08.020 Definitions.
For the purposes of this Chapter, the following terms shall have the meaning designated unless it is clear
from the context that a different meaning is intended:
A. "Applicant" means any person making written application to the City Engineer for an encroachment
permit under this Chapter.
B. “Directional Boring” also known as horizontal directional drilling (HDD), means a trenchless method
of installing underground pipes, conduits, or cables in a curved or straight line with minimal surface
disruption. This technique involves drilling a pilot hole horizontally and then enlarging it to
accommodate the desired utility.
C. "Excavation" means any opening in the surface of a public place made in any manner whatsoever
except an opening into a lawful structure below the surface of a public place, the top of which is
flush with the adjoining surface and so constructed as to permit frequent openings without injury or
damage to the public place.
D. "Encroachment" means constructing or placing temporary or permanent structures, improvements,
facilities or materials in, on, over, or under any public right-of-way or using any right-of-way so as to
prevent, obstruct, or interfere with the normal use of that way, including but not limited to the
performance of any of the following acts:
i. Excavating or disturbing the public right-of-way;
ii. Erecting or maintaining any post, sign, pole, fence, guard rail, wall, pipe, conduit, cable,
wire, communication service equipment, or other facility or structure on, over, or under
a public right-of-way;
iii. Planting any tree, shrub, grass, or other growing thing within the public right-of-way;
iv. Placing or leaving on the public right-of-way any rubbish, brush, earth, or material;
v. Constructing, placing, or maintaining on, over, under, or within a public right-of-way any
pathway, sidewalk, driveway, or other surfacing; any culvert or other surface drainage
or subsurface drainage facility; or any pipe, conduit, wire, communication service
equipment or facility, or cable; and
vi. Constructing, placing, planting, or maintaining any structure, embankment, excavation,
tree, or other object adjacent to the public right-of-way which causes or may cause an
encroachment.
E. "Facility" means pipe, pipeline, tube, main, service, trap, vent, vault, manhole, meter, gauge,
regulator, valve, conduit, wire, tower, pole, catch basin, pole line, anchor, cable, junction box,
transformer or any other material, structure or object of any kind or character, whether
enumerated in this Chapter or not, which is or may be lawfully constructed, left, placed or
maintained in, upon, along, across, under or over a public place.
F. "Permit holder" means any person who has been granted and has in full force and effect an
encroachment permit issued under this Chapter.
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G. "Person" means any person, firm, partnership, association, corporation, company, political body or
organization of any kind.
H. "Public place" means any public street, way, place, alley, sidewalk, park, square, or any other public
property owned or controlled by any governmental agency in a governmental capacity.
I. "Public utility" means any electrical corporation, gas corporation, heat corporation, water
corporation, telephone corporation, pipeline corporation, sewer corporation, telegraph corporation,
where the service is performed for, or the commodity delivered to, the public or any portion
thereof.
J. "Slurry seal" means a mixture of polymer modified asphalt emulsion, mineral aggregate, mineral
filler, water, and other additives, properly proportioned, mixed, and spread in accordance with the
City of Grand Terrace and Caltrans standard plans specifications, and details, whichever is more
stringent or as directed by the City Engineer and usually less than one-half inch in thickness.
K. "Street" means any street, highway, sidewalk, alley, avenue or other public way or public ground in
the City.
L. "Street overlay" means one or more courses of asphalt construction on an existing pavement;
usually greater than one-half inch in thickness; generally includes an asphalt leveling course to
correct the contour of the old pavement.
M. "Substructure" means any pipe, conduit, duct, tunnel, manhole, vault, buried cable or wire or any
other facility located below the surface of any public place.
12.08.030 Permit required.
No person shall dig, excavate, tunnel, undermine, or in any manner break up any street or public place,
deposit, place ,or leave upon any public place any earth or other excavated material obstructing or tending to
interfere with the free use of the public place, or fill any excavation in any public place, unless such person has first
obtained an encroachment permit , as defined in section 12.10.020. The City Engineer shall have authority under
this Chapter to issue encroachment permits as provided in Chapter 12.10.
12.08.040 Application.
No encroachment permit shall be issued unless a written application for the issuance of an encroachment
permit is submitted to the City Engineer. The written application shall follow guidelines set forth in section
12.10.040, as amended from time to time.
12.08.050 Fee.
A permit fee shall be charged by the City Engineer for the issuance of an encroachment permit. Such fee shall
be in accordance with the fee schedule established by the City Council and adopted by resolution.
12.08.060 Inspection costs—Deposits.
All excavation shall be subject to inspection by the City Engineer. Actual costs of such inspections, computed
at current permit and inspection rates, shall be paid by the permit holder Before an encroachment permit is
issued, the permit holder shall deposit with the City an amount estimated to cover costs of the inspection, plan
review, and repair and/or replacement costs, and shall include any third-party costs, computed based on the rates
stated in the resolution setting a fee schedule. The remaining balance of the deposit, if any, shall be returned to
the permit holder within one year of project completion. Return of the deposit shall be conditioned upon the
permit holder's compliance with this Chapter. Public service companies shall be billed for inspection costs on a
monthly basis.
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Created: 2023-06-14 12:18:08 [EST]
(Supp. No. 13)
Page 4 of 12
12.08.070 Signs.
All places of business and residences abutting the public right of way that are within the limits of any
construction zone shall be notified, by the permit holder, by mail or door hangers at least five (5) days prior to
commencement of work. This written notification shall be approved in advance by the City Engineer and explain
the sequence of work and indicate any restrictions of access. .
12.08.080 Emergency Repair deposits.
Before an encroachment permit as provided in this Chapter is issued, the applicant shall deposit with the City
Finance Department a deposit in the amount to be determined by the City Engineer to secure proper repairs of the
street cut, computed based on the rates stated in the resolution setting a fee schedule, as applicable.
A. An application for an encroachment permit to perform excavation work under this Chapter shall be
accompanied by a deposit, payable to the City, in accordance with a schedule of fees set by resolution.
No deposit shall be less than the amount as set by resolution of the City Council. Any person intending
to make openings, cuts or excavations in streets or public places may make and maintain with the City
Finance Director a general annual deposit in the sum of not less than an amount set by resolution of the
City Council. Such deposit shall be refunded by the City to the permit holder upon the expiration of such
24-month period and upon request of the permit holder, provided, that the City may use any or all of
any such deposit to pay the cost of any work the City performs to restore or maintain the street or
public place as provided in this Chapter in the event the permit holder fails to perform such work, in
which event the amount refunded to the permit holder shall be reduced by the amount thus expended
by the City. The decisions of the City Engineer as to the cost of the work done or repairs made by him
under the provisions of this Chapter shall be final and conclusive as to cost. An applicant may submit a
bond or letter of credit in a form and amount acceptable to the City Engineer, which shall remain in
effect for not less than 24 months, in lieu of a deposit under this provision
B. Return of the deposit shall be conditioned upon the permit holder's compliance with this Chapter, and
further conditioned that the permit holder must fill, restore, place in good and safe condition, and as
near to its original condition the public place or street, and to the satisfaction of the City Engineer for
the period of 24 months after the work has been accepted. Any settlement of the surface of the public
place or street within that 24 month period shall be deemed conclusive evidence of defective backfilling
by the permit holder. Nothing contained in this Subsection shall be construed to require the permit
holder to maintain any repairs to pavement made by the City if such repairs should prove defective.
C. Any owner of real property repairing or engaging another to repair privately owned property that is not
a part of the public place or street shall not be required to give such deposit, but shall comply with all
other provisions of this Chapter.
12.08.090 Working Hours.
Working hours 7:00 A.M. to 8:00 P.M. Monday - Saturday, and at no time on Sunday or national holidays as
per section 8.108.040.C.
12.08.100 Traffic Control.
The permit holder shall submit a traffic control plan subject to approval by the City Engineer and take
appropriate measures to assure that, during the performance of the excavation work, traffic conditions as nearly
normal as practicable are maintained at all times, so as to cause as little inconvenience as possible to the
occupants of the abutting property and to the general public. The traffic control plan shall ensure that the
schedule and conduct of work avoids unnecessary inconvenience to the public and abutting property owners,
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01247.0001/960130.2
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avoids undue delay in construction activities to reduce the public's exposure to construction dust and debris. All
street closures shall be approved in advance by the City Engineer. The traffic control plan shall include a detour
plan, as applicable. The City Engineer may in his discretion permit the closing of streets to all traffic for a period
recommended by him in order for the permit holder to complete the excavation work. The permit holder shall
comply with standards set forth by the latest edition of the State of California’s Manual on Uniform Traffic Controls
Devices for route and traffic control, including its own vehicles, as directed by the City Engineer.
12.08.110 Traffic and access.
Maintain safe and adequate pedestrian and vehicular access to driveways, houses, fire hydrants, buildings,
fire and police stations, hospitals, and establishments of similar nature. When an abutting property owner's access
across the right-of-way line is to be eliminated or replaced under the Contract, the existing access must not be
closed until the replacement access facility is usable. Construct temporary approaches to a crossing and an
intersecting highway. The permit holder shall provide safe and adequate pedestrian zones and public
transportation stops. Pedestrian crossings shall be provided at intervals not exceeding 200 feet, which shall be
maintained unless otherwise approved by the City Engineer.
The permit holder shall provide, at the end of the day, vehicular access to residential driveways except when
necessary construction precludes such access for reasonable periods of time. If backfill has been completed to
such extent that safe access may be provided, and the street is opened to local traffic, the permit holder shall
immediately clear the street and driveways and provide and maintain access.
The permit holder shall cooperate with the various parties involved in the delivery of mail and the collection
and removal of trash and garbage to maintain existing schedules for these services. Unless otherwise authorized,
work shall be performed in only one-half the roadway at one time. One-half shall be kept open and unobstructed
until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be
conditioned and maintained as a detour. The permit holder shall absorb in its bid all costs for the above
requirements.
12.08.120 Vital equipment access.
The excavation work shall be performed and conducted so as not to interfere with access to fire stations, fire
hydrants, fire escapes, water gates, underground vaults, water valves, and all other vital equipment as designated
by the City Engineer. Materials or obstructions shall not be placed within 15 feet of fire hydrants. Passageways
leading to fire escapes or firefighting equipment shall be kept free of piles of material or other obstructions.
12.08.130 Street Closures, detours, and barricades.
The permit holder shall erect and maintain suitable barriers, as approved by the City Engineer, to confine
earth from trenches or other excavations to encroach upon streets highways as little as possible. The permit
holder shall comply with all standards set forth by the State of California’s Manual on Uniform Traffic Controls
Devices, latest edition. The permit holder shall provide barriers, guards, lights, signs, temporary bridges, flag
persons and watchpersons, advising the public of detours and construction hazards. The permit holder shall also
be responsible for compliance with additional public safety requirements, which may arise during construction.
The permit holder shall furnish and install, and upon completion of the work, promptly remove, all signs and
warning devices.
As part of the initial submittal review process, the permit holder must, in advance of closing, partially closing,
or reopening any street, alley, or other public thoroughfare, notify the Police, Fire, School Districts, Department of
Transportation, Traffic and Engineering Departments of jurisdictional agencies involved, and comply with their
requirements. The City Engineer must first approve all schedule deviations in writing
E.11.b
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01247.0001/960130.2
Created: 2023-06-14 12:18:08 [EST]
(Supp. No. 13)
Page 6 of 12
12.08.140 Existing utilities.
The permit holder shall not interfere with any existing utilities without the written consent of the City
Engineer and the utility company or person owning the utility. The permit holder shall notify the various gas,
electric, telephone, water, or other public utility companies, 48 hours in advance of the intention to begin work so
that they may take any necessary protective measures around their facilities. If removal of an existing utility is
necessary, this shall be done by its owner. No utility owned by the City shall be moved to accommodate the permit
holder unless the cost of such work is borne by the permit holder. The cost of moving privately owned utilities shall
be similarly borne by the permit holder unless other arrangements are made with the owner of the utility. The
permit holder shall support and protect (by timbers or otherwise) substructure apparatus which may be in any way
affected by the excavation work, and do everything necessary to support, sustain and protect them under, over,
along or across the work. The permit holder shall be responsible for any damage done to any public or private
property by reason of the breaking of any utilities, water pipes, sewer, gas pipe, electric conduit, or other
substructure. In case any of the substructure apparatus is damaged, they shall be repaired by the agency or person
owning them, and the expense of such repairs shall be charged to the permit holder, and his or its bond shall be
liable therefor. The permit holder shall inform itself as to the existence, and location of all substructures and
protect the same against damage.
12.08.150 Abandonment of substructures.
Whenever the use of a substructure is abandoned, except the abandonment of a service line designed to
serve a single property owner, the person owning, using, controlling or having an interest therein shall, within 30
days after such abandonment, file with the City Engineer a statement in writing giving in detail the location of the
substructure so abandoned. When the City determines that the abandoned substructure is an obstruction or is
otherwise detrimental to a governmental function, and no other alternatives are available, the owner shall remove
such abandoned substructure or pay the cost of its removal during the course of excavation for construction of the
facility by the City or any other public body.
12.08.160 Sidewalk excavations.
Excavations made in or under a sidewalk shall be subject to compliance with standards as established by the
City Engineer.
12.08.150 Protection of the public.
The permit holder shall place and maintain barriers and warning devices and take other steps required for
the protection of the public, as required and/or established by the City Engineer. Permit holder shall not permit or
maintain any unguarded machinery, equipment, or other device having the characteristics of an attractive
nuisance likely to attract children and become hazardous to their safety or health.
12.08.170 Equipment and materials in public streets.
Equipment must be kept in a good state of repair and maintained in such state during the progress of the
work. No worn or obsolete equipment shall be used, and in no case shall the maker’s rating of capacity for any
equipment be exceeded.
Construction materials may not be stored on public streets, roads, or highways. All materials or equipment
not installed or used in the construction shall be stored elsewhere by the permit holder at its expense unless
authorized by the City Engineer. Construction equipment shall not be stored at the worksite before its actual use
on the work nor after it is no longer needed on the worksite.
E.11.b
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01247.0001/960130.2
Created: 2023-06-14 12:18:08 [EST]
(Supp. No. 13)
Page 7 of 12
Excavated material, except that which is to be used for backfilling the same day in the adjacent trench, may
not be stored on public streets, roads, or highways unless otherwise permitted by the City Engineer. After placing
backfill, all excess material shall be removed immediately from the site.
12.08.180 Trenches and tunnels.
Trench and tunnel excavation and construction, including care of excavated materials, shall be done in
compliance with the requirements as established by the City Engineer.
12.08.190 Protection and restoration of existing improvements
The permit holder shall be responsible for the protection of public and private property adjacent to the work
and shall exercise due caution to avoid damage to such property.
The permit holder shall repair or replace all existing improvements, public or private, which are not
designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavements,
structures, etc.) which are damaged or removed as a result of its operations; except when a portion of a sprinkler
system within the right-of-way must be removed, the remaining lines shall be reconstructed or capped. Repairs
and replacements shall be at least equal to existing improvements and shall match them in finish and dimension.
Trees, lawn, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged
or removed because of the permit holder’s operations, they shall be restored or replaced in as neatly the original
condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch.
The permit holder shall give five days’ notice, in writing, to occupants or owners of adjacent property to
permit them to salvage or relocate plants, trees, fences, sprinklers and other improvements within the right-of-
way, which are designed for removal and would be destroyed because of the work. All costs for protecting,
removing, and restoring existing improvements shall be born by the permit holder.
12.08.200 Damage to existing improvements.
All damage done to existing improvements during the progress of the excavation work shall be repaired by
the permit holder. Materials for such repair shall conform with the requirements of any applicable code or
ordinance. If, upon being ordered, the permit holder fails to furnish the necessary labor and materials for such
repairs, the City Engineer shall have the authority to cause the necessary labor and materials to be furnished by
the City, and the cost shall be charged against the permit holder, and the permit holder shall also be liable on his or
its cash deposit therefor.
12.08.210 Property lines and easements.
Property lines and limits of easements shall be indicated on the plan of excavation submitted with the
application for the encroachment permit, and it shall be the permit holder's responsibility to confine excavation
work within these limits.
12.08.220 Cleanup.
As the excavation work progresses, all streets, public places, and private properties shall be maintained free
of all rubbish, excess earth, rock, and other debris resulting from such work. permit holder. The permit holder
shall, at his or its own expense, clean up and remove all refuse and unused materials of any kind resulting from the
work within three (3) days after the completion of the work. Failure to do so within 24 hours of being notified by
the City Engineer, the work may be done by the City Engineer, and the cost thereof charged to the permit holder,
and the permit holder shall also be liable for the cost thereof.
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01247.0001/960130.2
Created: 2023-06-14 12:18:08 [EST]
(Supp. No. 13)
Page 8 of 12
12.08.230 Watercourses, sewers, and drains.
Permit holders shall provide for the flow of watercourses, sewers and drains and provide for incidental
matters as established by the City Engineer.
12.08.240 Breaking through pavement or sidewalk.
Permit holders shall comply with the requirements as established by the City Engineer in regard to breaking
through any pavement or sidewalks as specified in section 12.08.200.
12.08.250 Substructure installation.
Permit holders shall comply with the requirements as established by the City Engineer in regard to the
installation of any substructures.
12.08.260 Tunnels.
Tunnels under pavement shall not be permitted except by permission of the City Engineer and, if permitted,
shall be adequately supported by timbering and backfilling under the direction of the City Engineer.
12.08.270 Fire hydrant use.
The use of fire hydrants as sources of water supply shall be subject to the conditions set forth by Riverside
Highland Water Company and any required payment by permit holder for such use.
12.08.280 Restoration by City—Guarantee of restoration.
A. If the permit holder has failed to restore the surface of the street or public place to its original and proper
condition, upon expiration of the time fixed by such permit, or otherwise has failed to complete the
excavation work covered by such permit, the City Engineer, if he deems it advisable, shall have the right to
do all work and things necessary to restore the street or public place and to complete the excavation work.
The permit holder shall be liable for the actual cost and an additional amount equal to the City’s actual costs
for general overhead and administrative expenses which shall be set by resolution of the City Council. The
City shall have a cause of action for all such costs and for all fees, expenses and amounts paid out and due it
for such work, and shall apply in payment of the amount due it any funds of the permit holder deposited as
provided in this Chapter, and the City shall also enforce its rights under the permit holder’s deposit provided
pursuant to this Chapter.
B. It shall be the duty of the permit holder to guarantee and maintain the site of the excavation work in the
same condition it was in prior to the excavation work two years after restoring it to its original condition.
12.08.290 Pipe trench standards.
The permit holder shall comply with the OSHA’s Trenching and Excavation Safety and rules and regulations as
established by the City Engineer in regard to the excavation, construction and maintenance of any trenches for the
laying of pipe.
E.11.b
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01247.0001/960130.2
Created: 2023-06-14 12:18:09 [EST]
(Supp. No. 13)
Page 9 of 12
12.08.300 Completion of work.
The permit holder shall prosecute with diligence and expedition, to the satisfaction of the City Engineer, all
excavation work covered by the encroachment permit, and shall promptly complete such work and restore the
street or public place to its original condition, or as near as may be, as soon as practicable and, in any event, not
later than the date specified in the encroachment permit therefor.
12.08.310 Emergency completion.
If, in his judgment, traffic conditions, the safety or convenience of the traveling public, or the public interest,
require that the excavation work be performed as emergency work, the City Engineer shall have full power to
order, at the time the permit is granted, that a crew of men and adequate facilities be employed to expeditiously
complete such work as soon as possible.
12.08.320 New pavement moratorium.
The following provisions are intended to minimize pavement degradation, maintain structural integrity of
streets, maintain a smooth surface for all modes of transportation, and reduce negative visual impacts:
A. The City Engineer shall attempt to give notice to all owners of substructures & facilities located within
the City streets who might be affected approximately six months prior to the probable date of
construction of any new paving or repaving of any street in the City. The failure to give such notice shall
not affect the further provisions of this Section.
B. No excavation, trenching, or overlay shall be permitted in any street that has been constructed, or
reconstructed, the pavement surface shall not be cut or opened for a period of five (5) years after
completion and acceptance of the project by the City Council, or from recordation of a notice of
completion. On a slurry sealed street, the pavement surface shall not be cut or opened for a period of
(3) years from completion unless the person proposing to make such excavation shall agree to pay for
resurfacing half the street section with an asphaltic concrete cap of a minimum thickness of two inch
for a distance of 50 feet on either side of the excavation on a longitudinal basis from centerline of the
street.
i. In accordance with this street moratorium, it is hereby declared that all paved streets dating back
to FY 2021-22 shall be covered by the moratorium as of their filed notice of completion date.
C. As practical, directional boring methods shall be utilized along the City’s main thoroughfares, as
required by the City Engineer, including but not limited to the full lengths of Barton Road, Mount
Vernon Avenue, De Berry Street, Van Buren Street, Pico Street, Main Street, and Observation Street, to
minimize surface disruption while efficiently installing, maintaining, or repairing underground utilities.
12.08.330 Exceptions to New Pavement Moratorium.
The City Engineer/Public Works Director may, in his or her sole discretion, grant an exception to the moratorium
for:
A. Emergencies which endanger life, or public health and safety.
B. Work that is mandated by city, state or federal legislation.
C. New construction approved by City Council or service to buildings or properties where no other
reasonable means of providing service exist
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Created: 2023-06-14 12:18:09 [EST]
(Supp. No. 13)
Page 10 of 12
D. The City Engineer/Public Works Director or City Manager shall grant an exception to Riverside
Highland Water Company if the following conditions are met:
i. Riverside Highland Water Company (RHWC) will repair or replace the facility, backfill the
excavation with new fill dirt and base, and install temporary paving. When multiple
trenches have accumulated, RHWC will replace the temporary paving with permanent
paving on a quarterly basis or as required by the City Engineer
12.08.340. Request for Moratorium Exception.
To request an exception, the applicant shall submit the following information to the Public Works Department:
A. The location of excavation.
B. Which exception from the moratorium as set forth in section 12.08.330is being claimed.
C. Description of the work to be performed.
F. Justification from the applicant why the work cannot be deferred until after moratorium expires.
12.08.350 Noise, dust and debris.
Each permit holder shall conduct and carry out the excavation work in such manner as to avoid unnecessary
inconvenience and annoyance to the general public and occupants of neighboring property. The permit holder
shall take appropriate measures to reduce to the fullest extent practical, in the performance of the excavation
work, noise, dust and unsightly debris and, during the hours of 8:00 p.m. and 7:00 a.m. Monday through Saturday
and all day on Sunday or a national holiday, shall not use, except with the expressed written permission of the City
Engineer or, in case of an emergency as otherwise provided in this Chapter, any tool, appliance or equipment
producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property.
12.08.330 Monument preservation.
Any monument set for the purpose of locating or preserving the lines of any street or property subdivision,
or a precise survey reference point, or a permanent survey benchmark within the city shall not be removed or
disturbed or caused to be removed or disturbed without first obtaining permission in writing from the city
engineer so to do. Permission to remove or disturb such monuments, reference points or benchmarks shall only be
granted upon condition that the person applying for such permission shall pay all expenses incident to the proper
replacement of this monument by a registered professional engineer or a registered land surveyor.
12.08.340 Rule and regulation promulgation.
The city engineer shall make such inspections as are necessary in the enforcement of this chapter. The city
engineer shall have the authority to promulgate and cause to be enforced such rules and regulations as may be
reasonably necessary to enforce and carry out the intent of this chapter.
12.08.350 City work exempted.
The provisions of this chapter shall not be applicable to any excavation work performed under the direction
of city authorities by employees of the city. The provisions of this chapter shall apply to any permit holder
performing work for the city except to the extent exempted by the city engineer or where a particular provision is
inconsistent with a specific provision of the contract under which such work is to be performed.
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12.08.360 Public utility companies.
All persons operating public utilities in the city either under regulations of the State Public Utilities
Commission or authorized by the state to operate the public utility, and having the right, either by general or
special permission to enter upon the streets and open and excavate pavements, sidewalks or disturb the surface
thereon by excavation or other work, shall be required to apply for a permit for all work in the public right-of-way.
A blanket permit may be issued for periods up to one year to place or to repair any facility which does not interfere
with, disturb, destroy or remove any street improvement, or involve the making of any excavation in or below the
surface of the street or interfere with any installation owned by any other person. Excavations in excess of four
feet by four feet shall not be made without prior approval of plans by the city Engineer.
12.08.370 Insurance.
A permit holder, prior to the commencement of excavation work under this chapter, shall furnish the city
engineer satisfactory evidence, in writing, that the permit holder has in force and will maintain in force during the
performance of the excavation work and the period of the encroachment permit, public liability insurance for the
protection of the city and the permit holder against claims for injury or death to any person or persons or damage
to any property arising out of the performance of such excavation work. Such policy shall provide coverage of not
less than $4,000,000 for all damages arising out of bodily injuries to or death of one or more persons in any one
occurrence, and not less than $2,000,000 for all damages and/or destruction of property in any one occurrence,
and not less than $2,000,000 for all damages and/or destruction of property during the policy period. Such policy
shall guarantee payment of any final judgment rendered against the permit holder or the city within the coverage
provided, irrespective of the financial condition of or of any acts or omissions of such permit holder. Such policy
shall specifically name the city as an additional insured and shall further provide that the insurance coverage
thereby afforded shall not be terminated or cancelled except upon thirty days' written notice to the city.
12.08.380 Nonliability of city.
This chapter shall not be construed as imposing upon the city or any official or employee any liability or
responsibility for damages to any person injured by the performance of any excavation work for which an
encroachment permit is issued under this chapter, nor shall the city or any official or any employee thereof be
deemed to have assumed any such liability or responsibility by reason of inspections authorized under this
chapter, the issuance of any permit, or the approval of any excavation work.
12.08.390 Enforcement.
The city engineer and/or their designee shall have the authority to promulgate and cause to be enforced
such rules and regulations as are reasonably required to provide for the matters governed by this chapter and to
supplement the same and to provide for the enforcement of this chapter. Violation of such rules and regulations
shall constitute a violation of this chapter.
12.08.400 Violation—Misdemeanor.
Any person violating any of the provisions of this chapter is guilty of a misdemeanor.
12.08.410 Fines for failure to obtain a encroachment permit.
A. Description of Violation. Encroachment permits along with a city of Grand Terrace construction application
package can be obtain from the public works department. Failure to obtain a permit will result in a fine of
one thousand dollars for each occurrence.
Fine* $1,000.00 per each occurrence
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Permit holders performing street cuts and resulting patching that are not performed correctly in accordance
with section 12.08.300C
Fine* $1,000.00 per each occurrence and require the
permit holder to repair and restore
the street per engineer’s standards.
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AGENDA REPORT
MEETING DATE: February 13, 2024 Council Item
TITLE: Prioritization of Funding Recommendations for Community Development Block Grant (CDBG) Funds for Program Year
2024-25
PRESENTED BY: Shanita Tillman, Senior Management Analyst
RECOMMENDATION: 1) Conduct a public hearing for the prioritization of eligible applications for 2024-25 Community Development Block Grant (CDBG) funding; and,
2) Prioritize funding allocations and authorize staff to submit the City's CDBG funding recommendation to the County of San Bernardino Economic Development Agency.
2030 VISION STATEMENT:
This staff report supports, in part, our Vision of a place where residents can enjoy
quality of life that fosters pride and an engaged community, in that the Community
Development Block Grant (CDBG) Program funds community programs that benefit
Grand Terrace residents.
BACKGROUND:
The City participates in the Federally funded CDBG Program, administered
cooperatively by the San Bernardino County Economic Development Agency (County).
Eligible activities must meet one of the following national objectives: 1) benefiting low-
and moderate-income persons, 2) eliminating blight, or 3) meeting an urgent need.
The City Council makes funding recommendations at a noticed public hearing, and
these recommendations are then considered by the Board of Supervisors for approval.
The City's 2024-25 allocation is expected to be $55,015, based on population estimates,
poverty, and overcrowded housing. The City Council may recommend funding for up to
four projects, but only three applied. Any unprogrammed funds can only be used for
capital improvement (construction) projects.
DISCUSSION:
The City Council’s 2024-25 funding recommendations are shown in Table 1. Items 1-3
are projects currently funded by the Board of Supervisors and implementation of these
projects is ongoing.
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2024-25 Program Year
Three applications eligible for Community Development Block Grant (CDBG) funding
were received, all of which are for public service projects for the 2024-25 program year.
All applicants were notified of this hearing via email on January 24, 2024. Attached, you
will find a summary of the eligible proposals along with copies of the applications
containing detailed grant proposals.
Any funds not fully expended in past years have been moved to unprogrammed funds.
Family Services Association has requested $70,000, and based on staff
recommendations, there is only a remaining $35,015. However, due to the availability of
unprogrammed funds, we are able to supplement the difference with $34,985 to fully
fund their request.
Table 1: 2024-25 Eligible Applications
Priority Applicant Project FY 2024-25
Funding Request
Funding
Recommendations
Available
Unprogrammed
Funds to
Commit to
Activity
1 Family Services
Association
Con’t - Senior
Meals Program
$10,000 $10,000
2 SB County
Library Grand
Terrace Branch
Con’t. - Adult
Literacy Program
$10,000 $10,000
3 Family Services
Association
Con’t - Senior
Center Coordinator
$70,000 $35,015 $34,985
Total Requested $90,000
Recommendation
Staff recommends funding the top three projects that assist underserved target
populations in our community. The City's estimated allocation of $55,015 will not be
sufficient to fully fund all proposals. Therefore, staff requests the use of unprogrammed
funds in the amount of $34,985 to fully support the Family Services Association's
request for a Senior Center Coordinator. Staff also recommends that the Council
prioritize funding for the County's Literacy Program and FSA's senior nutrition program.
FISCAL IMPACT:
In addition to staff time incurred for project administration, there is a temporary fiscal
impact on the City's General Fund because the City would need to advance grant funds
for all projects except the County Literacy Program. The advanced funds would be later
reimbursed by the County. The County administers the Literacy Program Countywide,
and no costs are incurred by the City for that program. Budget appropriation for these
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grant allocations will be requested during the Fiscal Year 2024-25 budget process.
ATTACHMENTS:
• 2024-25 Summary of All Eligible-Grand Terrace Projects (PDF)
• Public Hearing Notice 2.14.23 (PDF)
• GRAN24PS-052 FSA - Senior Nutrition Program (PDF)
• GRAN24PS-053 FSA - Senior Center (PDF)
APPROVALS:
Shanita Tillman Completed 01/23/2024 8:42 AM
Finance Completed 01/30/2024 12:51 PM
City Manager Completed 01/30/2024 1:47 PM
City Council Pending 02/13/2024 6:00 PM
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New/Cont. District Location Applicant Application #Project Title Project Description Amount
Requested Comments Eligible: Yes/NO Supervising ECD
Analyst Initials Accomplishment #23‐24 Project #
Cont Third District Grand Terrace
Cheryl‐Marie Hansberger, Chief Executive Officer
Family Service Association
21250 Box Springs Rd., Ste 212
Moreno Valley, CA 92557
Cheryl.Hansberger@fsaca.org
951‐686‐1096
GRAN24PS‐052 Grand Terrace: Senior Meals Program ‐ Family Service Association
Expanding Public Service ‐ Family Service Association to provide a senior
congregate and mobile meals program to approximately 152 seniors in the
City of Grand Terrace and surrounding communities. Curbside pick‐up of
meals is also offered. CDBG funds will be used to for personnel costs and
consumable supplies.
$10,000.00
Expanding Public Service ‐ Family Service Association, under contract with the City of Grand Terrace, will provide a senior congregate and mobile meals program to
seniors in the City of Grand Terrace and surrounding communities. Curbside pick‐up of meals is also offered. FSA expects to serve 152 unduplicated senior citizens
throughout the program year. Seniors are a presumed 51% low‐to moderate‐income population. However, documentation is still required. Public Services are limited to
low‐and moderate‐income persons and require monthly documentation that at least 51% of the persons served qualify as low‐and moderate‐income. This activity was
funded in previous years (less than 12 months) and is a continuing activity. Therefore, a quantifiable increase in the level of service or a new additional service is required
in order to continue to be eligible for CDBG funding.
Yes GRAN23PS‐047
Cont Third District Grand Terrace
Cheryl‐Marie Hansberger, Chief Executive Officer
Family Service Association
21250 Box Springs Rd., Ste 212
Moreno Valley, CA 92557
Cheryl.Hansberger@fsaca.org
951‐686‐1096
GRAN24PS‐053 Grand Terrace: Senior Center Coordinator ‐ Family Services Association
Expanding Public Service ‐ Family Services Association will provide staff to
provide classes, activities, counseling, transportation and associated
coordination, including administrative tasks at the Grand Terrace Senior
Center to approximately 200 seniors.
$70,000.00
Expanding Eligible Public Service ‐ Family Services Association, under contract with the City of Grand Terrace, will provide staff to make available: classes, activities,
counseling, transportation and associated coordination, including administrative tasks at the Grand Terrace Senior Center to approximately 200 unduplicated senior
citizens in Grand Terrace and the surrounding area. FSA requested $70,000 ($50,000 in personnel costs and $20,000 in operational costs) during this application period.
Senior Center operational costs are not eligible for CDBG funding; therefore, the amount was amended to $50,000. Seniors are a presumed 51% low‐to moderate‐income
population. However, documentation is still required. Public Services are limited to low‐and moderate‐income persons and require monthly documentation that at least
51% of the persons served qualify as low‐and moderate‐income. This activity was funded in previous years (less than 12 months) and is a continuing activity. Therefore, a
quantifiable increase in the level of service or a new additional service is required in order to continue to be eligible for CDBG funding.
Yes GRAN23PS‐050
Cont Third District Grand Terrace
Melanie Orosco, County Librarian
268 W. Hospitality Lane, 3rd Floor
San Bernardino, CA 92415
melanie.orosco@lib.sbcounty.gov
909‐387‐2220
GRAN24PS‐023 Grand Terrace: Adult Literacy Program
Expanded Public Service ‐ The San Bernardino County Library (SBCL), Grand
Terrace Branch Adult Literacy Services Program will provide programming
and instruction for low‐to‐moderate income illiterate adults and senior
residents of Grand Terrace. Individualized tutoring and one‐on‐one Literacy
instruction (reading, spelling, and basic computer skills) will be provided to
a minimum of 12 qualifying adult participants during Fiscal Year 24‐25.
Library Adult Literacy Services are provided free of charge to all learners
participating in the program. Direct services and assistance are provided by
Library staff as well as a ream of trained Literacy Tutors.
$10,000.00
Expanding Eligible Public Service. Services are limited to low‐ and moderate‐income clients and requires documentation of at least 51% of the clients are low‐ to
moderate‐income. Client eligibility (for all clients including illiterate adults) must be evidenced by documentation and data concerning beneficiary family size and income.
This activity was funded in previous fiscal years and is a continuing activity. Therefore a quantifiable increase in the level of service is required. CDBG funds will be used
to pay for personnel services. Services are provided by San Bernardino County Library Department staff and volunteers. Service Location: 22795 Barton Road, Grand
Terrace, CA 92313.
Prior to COVID‐19, the San Bernardino County Library Adult Literacy Program saw gradual increases in the number of learners served at each location. However, after
COVID‐19, the number of patrons who visited the library has significantly decreased. This has directly impacted how many potential learners came into the branch as well
as how many current learners felt comfortable returning to the program due to health and safety. Therefore, the number of learners served has not increased this year,
but the expansion of the program has included the following: (1) expansion of support hours provided by the library staff to tutors who need training; (2) expansion of
support hours provided by the library staff to learners who need additional resources and meetings to revisit roles and goals; (3) expansion of library of materials and
curriculum used to teach adult learners how to improve reading and writing; (4) expansion of hours available for tutors and learners to meet together in the Library for
tutoring sessions (formerly limited to 1‐2 hours per week will now expand to 3+ hours per week, depending on the tutor‐learner pair’s availability, willingness to meet
more, and need to meet a specific goal); and (5) expansion of outreach and planning to promote the program to the local community (higher number of community
connections, more meetings with adult‐literacy‐assigned‐library‐staff to develop awareness events and strategize to bring in more learners and tutors).
Yes GRAN23PS‐056
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NOTICE OF PUBLIC HEARING BY THE CITY COUNCIL
HEARING DATE: Tuesday, February 14, 2023
PLACE: Council Chambers, 22795 Barton Road, Grand Terrace, California
TIME: 6:00 P.M.
THE CITY COUNCIL OF THE CITY OF GRAND TERRACE IS SCHEDULED TO HOLD A PUBLIC HEARING AT THE ABOVE TIME AND PLACE REGARDING THE FOLLOWING ITEM:
2023-24 Community Development Block Grant (CDBG) Program. The CDBG Program is a federally funded program that provides grant funds for activities that meet national objectives such as principally benefiting low-and moderate-income persons, 2)eliminating blight, and 3) meeting an urgent need.
The City Council will hold a public hearing for the purpose of considering eligible applications and prioritizing funding recommendations, which will then be forwarded to the San Bernardino County Board of Supervisors for action.
Anyone wishing to speak in favor of or in opposition to any of the above listed items will be given the opportunity to do so before the City Council. Pursuant to Government Code Section 65009(b)(2): “If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the public entity
conducting the hearing at or prior to the public hearing.”
The City of Grand Terrace complies with the Americans with Disabilities Act of 1990. If you require special assistance to participate in this meeting, please call the City Clerk’s office at (909) 954-5207, at least 48 hours prior to the meeting.
If you have any questions regarding this item, the public hearing or this notice or to review related materials, please contact Shanita Tillman in the Public Works Department located at 22795 Barton Road, Grand Terrace, California (909) 954-5191, or via email stillman@grandterrace-ca.gov.
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Public Services Program Application Fiscal Year –
San Bernardino County Fiscal Year -Public Services Program Application
The following documents must be submitted in the order listed, please be sure to submit all attachments with your application.
Exhibit 1: Organization Information
Exhibit 2: Project Information
Exhibit 3: Community Needs and Target Population
Exhibit 4: Project Budget & Sources
Exhibit 5: Performance & Outcomes
Exhibit 6: Agency Capacity Narrative
Exhibit 7: Civil Rights Laws Compliance and HUD Good Standing
Exhibit 8: Signature and Assurances
Application Checklist
_______________
Log Number
(Office Use Only)
1
4
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GRAN24PS-052
2024 2025
4
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2024
4
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2025
4
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Public Services Program Application Fiscal Year –
Exhibit 1: Organization Information
Organization Name:
Organization Address:
City/State/Zip:
Phone:
Fax:
Email:
Applicant Type:
Authorized Person Name:
Authorized Person’s Title:
Address:
City/State/Zip:
Phone:
Fax:
Email:
Application Contact Person’s Name:
Application Contact Person’s Title:
Explain the Agency’s 1) Mission, 2) Purpose, 3) Population Served, 4) Number of years serving
population, 5) Supportive Services, their Funding Sources, and Start/End Dates.
2
ahlam.jadallah@fsaca.org
CEO
Cheryl.Hansberger@fsaca.org
Family Service Association has been a non-profit leader for 67 years now, and in times of
unprecedented change and adversity, FSA has become a stabilizing force in the community.
Founded in 1953 by The Junior League of Riverside, community members have found
comfort in FSA’s legacy of providing high quality care through much needed services like
Senior Nutrition, Childcare, Mental Health, and Child Abuse Prevention throughout the
InlandRegion. FSA’s mission is to address poverty, hunger, and health from infancy to older
adults, in families and under-served communities.
Family Service Association
Cheryl-Marie Hansberger
Fund Development Specialist
2024
9516861096
21250 Box Springs Road, Suite 212
9516861096
21250 Box Springs Rd Suite 212
Moreno Valley / CA / 92557-8712
Ahlam Jadallah
2025
Moreno Valley / CA / 92557
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Public Services Program Application Fiscal Year –
Exhibit 2: Project Information
Project Title:
Project Address:
County Supervisorial District where project will be located:
1st District 2nd District 3rd District 4th District 5th District
If you are requesting funds for an existing CDBG project, provide prior CDBG project number.
Will this project provide an opportunity to hire minority-owned and women owned businesses?
If YES, describe what actions will be completed to implement such subcontracting plans to monitor
this component of the proposed project. If NO, discuss why and what actions are being taken to encourage minority-women businesses to apply for this project.
3
If this is an Expansion of Service to previously funded CDBG project, please explain how this is an
expansion of service?. (i.e For 2015 we proposed 60 units of service, this year the agency is planning
to serve 100 units of service)
Is this a New Public Service Project, or request to expand services to an existing CDBG project?
No
Grand Terrace Senior Center
X
2024
22627 Grand Terrace Rd., Grand Terrace, CA 92313
2025
For 2023, FSA proposed to serve 150 unduplicated clients. This year the Agency is planning
to serve 152 unduplicated clients.
Expansions of Service to an Existing Project
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Public Services Program Application Fiscal Year –
EXHIBIT 2A: Countywide Vision
Indicate Yes/No in the table below if any of these countywide vision goals are pertinent to the
proposed project.
Countywide Vision
Countywide Vision Yes/ No
Implement the Countywide Vision.
Create, Maintain and Grow Jobs and Economic Value in the County.
Improve County Government Operations.
Operate in a Fiscally-Responsible and
Business-Like Manner.
Ensure Development of a Well-Planned, Balanced, and Sustainable County.
Maintain Public Safety.
Provide for the Health and Social Services Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Governmental Agencies.
Provide a brief narrative of how your project meets the Countywide Vision:
4
FSA's Senior Nutrition Program meets the Countywide Vision in the following ways: ·Assists
the County in creating a range of choices for its residents in how they live by offering senior
services free of charge to qualified seniors. ·Aids the county in their vision of offering high
quality community health programs. ·Facilitates in the County’s vision of a model community
where great ideas are shared and where collaborations are encouraged to reach shared
interests and goals. ·Supports the County’s vision of a place that is a home for anyone
seeking a sense of community and the best life has to offer.
Yes
Yes
Yes
Yes
2024
Yes
Yes
2025
Yes
Yes
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Public Services Program Application Fiscal Year –
Exhibit 3: Community Needs and Target Population
Community Needs Target Population
Public Service Needs: Yes/No Proposed Community: Yes/No
Senior Services Low and Moderate Persons
Handicapped Services Low and Moderate Households
Youth Services Abused Children
Child Care Services Handicapped Persons
Transportation
Services
Illiterate Persons
Substance Abuse Services Homeless Persons
Employment Training Migrant Farm Workers
Health Services Elderly People
Lead Hazard Screening
Crime Awareness
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City/Target Area of Project Beneficiaries
Participating Cities: (i.e Redlands, Colton, Yucaipa)
No
NoNo
Yes
No
No
Yes
No
Yes
2024
No
City of Grand Terrace, and immediate surrounding area.
Yes
Yes
Yes
2025
No
No
No
Yes
No
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Public Services Program Application Fiscal Year –
Exhibit 3: Community Needs and Target Population (continued)
Describe the geographic boundaries of the neighborhood, community or area in which clients of the proposed program reside (attach a map if needed):
HUD Demographics: (Yes/No)
Does this project help prevent homelessness?
Does this project help the homeless?
Does this project help those with HIV or AIDS?
Does this project primarily help persons with disabilities?
Summarize the description of your project to include 1) priority, 2) sub-activity,
3)population(s) to be served, and 4) accomplishment level, and 5) services to be provided.
6
No
The geographic boundaries to be served are the entire boundaries of the City of Grand
Terrace. Seniors from adjacent communities such as Colton and Highgrove also utilize the
Center, but clients are primarily from Grand Terrace.
2024
No
No
2025
FSA’s Senior Nutrition Program is dedicated to providing seniors with the necessary
nutritional support to protect them against food insecurity, and to help them continue to live
independent and fulfilling lives. For many seniors, Senior Nutrition is the first service that they
seek for assistance to help them stay in their own homes and live independently. It is through
funding from both San Bernardino CDBG program and San Bernardino County DAAS that we
are able to provide this service to the residents in the City of Grand Terrace. FSA provides
nutritious meals to seniors 62 years of age and older in a group setting at the Grand Terrace
Senior Center. Home-delivered meals are also delivered to homebound seniors who aren't
mobile by reason of illness, disability, and a lack of transportation. The program also provides
a range of services, including nutrition screening, assessment, and education.
No
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Public Services Program Application Fiscal Year –
Describe how this project meets the priority population and activities selected.
Explain why this project is needed and what evidence can you substantiate the need.
Describe what gaps of service in the county this project fills.
What are the critical factors for the success of your project (include both financial and human resources)? For instance, is this the only funding for this project? What happens if funding decreases? Does this project rely on only one source of leveraging? Is there adequate staff involved with the project if there is project turnover? Please address any factor that is critical to project success.
7
Rising food costs and inflation have increased the demand for meals among seniors. The
demand continues to rise, and new participants are enrolling in the Senior Nutrition Program
each day. FSA continues to exceed its program objectives and targets to meet the growth of
the program.
2024
The Senior Nutrition Program serves as a critical and meaningful approach to tackle food
insecurity, isolation, depression, and many other health and social issues that vulnerable
seniors experience. FSA provides seniors with one nutritionally balanced meal Monday -
Friday. By providing these meals we will continue to meet our goals of improving the overall
health and wellbeing of those we serve.
2025
Without the meals supplied by this program, many seniors would be prematurely placed in
assisted living or nursing homes due to their inability to shop for food or prepare their own
meals. Many seniors face the threat of hunger due to limitations in their daily living activities,
such as difficulties with walking, meal preparation, eating, and memory. In addition, many
seniors live alone and do not have family or neighbors to help shop for or prepare meals. For
individuals in these challenging situations, the Senior Nutrition Program serves as a critical
and valued program.
FSA’s Senior Nutrition Program is scalable based on the amount of funding received from
various funding sources. The more funds received, the more seniors are able to utilize the
congregate and homebound nutrition services that FSA offers. FSA employs over 250
individuals and has a strong volunteer base of nearly 1,000 volunteers. Programs are staffed
appropriately, and our executive team is prepared to fill any vacancies should the need arise.
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Public Services Program Application Fiscal Year –
Exhibit 4: Project Budget & Sources
Project Budget
SB County Share: ($) Other Source: ($)
Personnel
Equipment (Rental, Lease or Purchase)
Consultant Services
(Auditing, Accounting or Payroll)
Space Rent
Insurance
Consumable Supplies
Other
Total Costs
Total Project Budget Cost: (CDBG Share + Other Source)
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$1,594,000.00
$27,420.00
$2,050,000.00
$101,230.00
2024
$10,000.00
$4,809,150.00
$28,500.00
$10,000.00
$12,000.00
$0.00
2025
$0.00
$4,819,150.00
$996,000.00
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Public Services Program Application Fiscal Year –
Exhibit 4A: CDBG Funds Requested and Leveraging Information
Indicate the amount being requested by the city.
City Amount Requested ($):
(This amount should match the grand total requested from CDBG Share)
9
Leveraging items may include any written commitments that will be used towards your cash match requirements in the project, as well as any written commitments for building, equipment, materials, services and volunteer time.
Source of Funding: Type of Funding: (Grant Name, EFSP Money) Amount ($): Date Available:
(11/22/2016)
Federal Funding
State
Funding
County Funding
Private Funding
Other:
Total Leveraging Funds
Older Americans Act Title III
In-Kind Goods and Services $100,000.00 12/31/2024
Older Americans Act Title III
$50,000.00
$3,800,000.00
Individual Donations
2024
07/01/2024$400,000.00
07/01/2024
Grand Te
Older Americans Act Title III 07/01/2024
12/31/2024
2025
$10,000.00
$400,000.00
$4,750,000.00
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Public Services Program Application Fiscal Year –
Exhibit 5: Performance and Outcomes
Definitions:
Unduplicated Clients: The number clients/persons projected to be served during the program year (e.g. 25 clients, 50 seniors):
Duplicated Clients: The estimated yearly units of service (duplicated, e.g. 25 clients x 10 visits=250 units of service):
Complete the chart below with the number of Duplicated and Unduplicated Clients to be served.
•In column 1 identify activities that will be completed (e.g. intervention,counseling, and case management).
•In column 2 indicate the number of Unduplicated Clients to be served.
•In column 3 identify the number of Duplicated Clients to be served.
Activities to be Completed (1) Unduplicated Clients to be Served (2)
Duplicated Clients projected to be
served (3)
Performance and Outcomes, answer the following narrative questions using minimum funds request.
Indicate a timeline of services provided to client(s) in order to meet project outcome(s).
Describe how your agency determines client(s) success.
Describe your methodology to evaluate project outcomes.
10
152
The timeline of services is 12 months, July 1, 2024 to June 30, 2025.
Evaluation of monthly intake forms and daily sign in sheets.
2024
8500Nutrition (Congregate and Homebound)
2025
FSA determines client success through quantitative and qualitative measures. Quantitative
measures includes the number of seniors served daily. Qualitative measures are client
success stories and testimonials.
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Public Services Program Application Fiscal Year –
Exhibit 5A: Proposed Goals & Milestones
Explain how the project will meet contract goals and milestones and be completed within 12 months (July 1, –June 30, ). For example, project expenditures and performance/
accomplishment goals of 40% by November 30th, 50% by December 31st, 80% by March 31st,
and 100% by June 30th.
Fill-in the table below with dates for submission of reimbursement claims and the estimated amount of each.
Date of Reimbursement: Amount ($):
Total Reimbursement: ($)
11
06/30/2025
25% by September 30, 2024; 50% by December 30, 2024; 75% by March 30, 2025; 100%
by June 30, 2025.
09/30/2024
$2,500.00
$10,000.00
$2,500.00
2024
2024
$2,500.00
$2,500.00
03/31/2025
2025
2025
12/31/2024
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Public Services Program Application Fiscal Year –
Exhibit 6: Agency Capacity Narrative
(Non-Profit Organizations Only)
Describe the roles of key administrators, staff members, and volunteers within your agency that will implement the proposed project. In your description include experience, education, and licensing qualifications.
Describe your agency’s experience in administering government and/or public funds.
Describe your method to sustain project viability over the multi-year process if funding decreases.
Instructions: Complete the table below by marking “YES” or “NO” to the questions listed below.
Question:
Example: Have you received federal funds in the past five years? Yes
In the past ten years, has your organization ever had its nonprofit status revoked or withheld by the IRS, the Secretary of State, the State Attorney General, or the Franchise Tax Board?
Has your organization been sued in the last five years?
Are any of your managers or staff with fiscal responsibilities involved in litigation presently that has any bearing on fiduciary trust or employee relations?
Have any unfavorable rulings been handed down by any court against your organization or Executive Director the last five years?
Does your organization currently have any unresolved fiscal, reporting, or program issues with any of its funding sources?
YES/ NO
12
No
No
As a recipient of more than $750,000 in federal funds, FSA is subject to single audit
requirements using appropriate professional standards.
2024
FSA consistently searches for funding opportunities that could be a match for all agency
programs, including the Senior Nutrition Department’s More than a Meal program funding
opportunities.
No
No
No
2025
Tom Donahue is the Senior Nutrition Administrator and oversees the entire program, including
budget preparation and policies/procedures.
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Public Services Program Application Fiscal Year –
EXHIBIT 7: Civil Rights Laws Compliance and HUD Good Standing
Answer the following questions.
Has your organization been a past recipient of assistance under a HUD McKinney Act program or the
HUD Single Family Property Disposition Homeless Program?
If you have been a recipient under either of these programs, has your agency experienced any project
or construction delay, HUD finding or outstanding audit that HUD deems serious regarding
the administration of HUD McKinney Act programs or the HUD Single Family Property
Disposition Homeless Program?
If you answered “Yes”, please explain the circumstances and outcome below.
Applicants must be in compliance with applicable civil rights laws and Executive Orders. Applications will be rejected if your agency has any of the following: (1) Any pending civil rights lawsuit instituted by
the U.S. Department of Justice; (2) Any noncompliance with civil rights statutes, Executive Orders or regulations as a result of formal administrative proceedings, unless the applicant is operating under a HUD-approved compliance agreement designed to correct the area of noncompliance or is currently
negotiating such an agreement; (3) Any unresolved Secretarial charge of discrimination issues under Section 810(g) of the Fair Housing Act, as implemented by 24 CFR 103:400; (4) Any adjudication of a civil rights violation in a civil action brought against the Organization by a private individual, unless the applicant is operating in compliance with a court order designed to correct the area of noncompliance or the applicant has discharged any responsibility arising from such litigation; (5) Any deferral of the processing of applications from the sponsor imposed by HUD under Title VI of the Civil Rights Act of 1964, the Attorney General’s Guidelines (28 CFR 50.3) or the HUD Title VI regulations (24 CFR 1.8) and procedures, or under Section 504 of the Rehabilitation Act of 1973 and HUD Section 504 regulations (24 CFR 8.57). If one or more of these situations exists with your Organization, please attach a brief description.
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No
No
2024 2025
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E-Signature Authorization
San Bernardino County
Community Development and Housing Departmemt
Community Development Block Grant
-Application
In order to comply with all applicable federal grant regulations, a hard-copy of this E-Signature Authorization containing an original wet signature must be filed with the San Bernardino County Community Development and Housing (CDH) in order for the applicant to electronically sign the Community Development Block Grant (CDBG) application documents online. This authorization may only be completed by a registered owner, partner, executive officer, or authorized employee (with proof of authorization) of the applicant submitting this form and must contain an original signature to be submitted to the CDH.
Authorization Agreement
I am an owner, partner, executive officer, or duly authorized employee of the below-listed applicant and have authority to enter into agreements on behalf
of the below-listed applicant. CDH may rely on the receipt of such agreements executed and delivered by facsimile or other electronic means as if the
original had been received. The undersigned agrees that the electronic signatures appearing on documents submitted from the below-listed applicant are
the same as handwritten signatures for the purposes of validity, enforceability and admissibility. By signing this Electronic Signature Authorization
Agreement, I authorize the CDH to accept, via electronic submission, documents submitted from the below-listed applicant as required by the CDH's
CDBG - Funding Application.
I understand that CDH may change the CDBG application system from time to time. I agree that the below-listed applicant will electronically sign all
documents requiring a signature related to the CDBG funding application.
My signature on this form certifies that:
I agree that entering my name in the CDBG funding application system constitutes my electronic signature. I understand that any information and
documents submitted using my name is electronically certifying my signature. I understand that I am legally bound, obligated, and responsible by use of
my electronic signature as much as I would be by my handwritten signature. I agree that I will protect my signature from unauthorized use, and that I will
contact CDH immediately, upon discovery that my electronic signature has been compromised. I certify that my electronic signature is for my own use,
and that I will not delegate it or share it with any individual.
This request is effective immediately upon receipt by the CDH and will remain in effect until the end of the - CDBG funding cycle or I choose
to cancel this request via written notification to the CDH. I understand that it is my responsibility to update and/or cancel this request
under all circumstances, including my departure or terminated association with the below-listed applicant.
By signing the E- Signature Authorization Form we certify that this agency will also comply with the following:
Non-discrimination This organization will, through all possible means, ensure equal opportunity for all persons to receive services, to participate in the volunteer structure, and to be employed regardless of age, handicap, national background, race, religion, or sex. An existing sectarian nature of the agency shall not suffer impairment under this agreement, but participation in religious observances, rituals or services will not be required as a condition of receiving food, services, or shelter paid for by this grant.
Accountability We commit this organization, if a grant is received, to provide all reports to the County as required; to expend monies only on eligible costs; to keep complete documentation (copies of all canceled checks, invoices, receipts, etc.) on all expenditures for a minimum of three years; to spend all funds and close out the program on the required date; to return any unused funds to the County to cooperate with monitoring or site visits, and; to provide complete documentation of expenses to the County, if requested, by the required date.
We affirm that all information in this application is true and correct to the best of our knowledge and that the applicant under our authority will execute its responsibility under the proposed contract and adhere to all other applicable rules and regulations to the fullest extent possible.
Non-collusion This proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person not herein named; the proposer has not directly induced or solicited any other proposer to put in a sham proposal, or any other person, firm or corporation to refrain from submitting a proposal; the proposer has not in any manner sought by collusion to secure for him/herself an advantage over any other proposer.
Applicant Information
Agency Name: Federal Tax ID No.:
Mailing Address: Phone No.:
Email Address: Fax No:
Authorized Signature
Print Name: Print Title:
Signature: Date:
Please send the signed copy of this one page agreement to: San Bernardino County Community Development and Housing Department 215 North D Street, Suite 302, San Bernardino, CA 94215-0043 Attn: CDBG Application
14
12/11/2023
CEOCEO
Development@fsaca.org
(951) 686-1096(951) 686-1096
Family Service Association
2024
2024
2024
95-1803694
Cheryl-Marie Hansberger
2025
2025
2025
Cheryl-Marie Hansberger
21250 Box Springs Rd Suite 212
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Public Services Program Application Fiscal Year –
CDBG Application Checklist (Non-Profit Organizations Only)
Community-based organizations are required to include one copy of the items listed below. If
you are not submitting these items at this time, please notify Community Development and Housing at (909) 501-0600 to make other arrangements. The following information is required before any contract or reimbursement can be completed.
o Summary of agency’s current year General Operating Budget
o List of agency’s Board of Directors, including names and addresses
o Proof of existing non-profit/tax-exempt status (Letters from the FederalInternal Revenue Service and State Franchise Tax Board)
o Current certificate of insurance and amounts covered
o Organizational chart
o Minutes of last Board meeting
o Non- Profit agencies must be Registered in the System of AwardManagement (SAM) website.
Agency cannot be funded if they have been debarred in the past.
o Provide board minutes/letter that authorizes the executive director or
program manager to run the project.
If your application is funded you will be required to provide a copy of your last audit and your Articles of Incorporation and Bylaws must be on file.
15
2024 2025
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Public Services Program Application Fiscal Year –
San Bernardino County Fiscal Year -Public Services Program Application
The following documents must be submitted in the order listed, please be sure to submit all attachments with your application.
Exhibit 1: Organization Information
Exhibit 2: Project Information
Exhibit 3: Community Needs and Target Population
Exhibit 4: Project Budget & Sources
Exhibit 5: Performance & Outcomes
Exhibit 6: Agency Capacity Narrative
Exhibit 7: Civil Rights Laws Compliance and HUD Good Standing
Exhibit 8: Signature and Assurances
Application Checklist
_______________
Log Number
(Office Use Only)
1
4
4
4
GRAN24PS-053
2024 2025
4
4
2024
4
4
4
2025
4
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Public Services Program Application Fiscal Year –
Exhibit 1: Organization Information
Organization Name:
Organization Address:
City/State/Zip:
Phone:
Fax:
Email:
Applicant Type:
Authorized Person Name:
Authorized Person’s Title:
Address:
City/State/Zip:
Phone:
Fax:
Email:
Application Contact Person’s Name:
Application Contact Person’s Title:
Explain the Agency’s 1) Mission, 2) Purpose, 3) Population Served, 4) Number of years serving
population, 5) Supportive Services, their Funding Sources, and Start/End Dates.
2
ahlam.jadallah@fsaca.org
CEO
Cheryl.Hansberger@fsaca.org
Family Service Association has been a non-profit leader for 70 years now, and in times of
unprecedented change and adversity, FSA has become a stabilizing force in the community.
Founded in 1953 by The Junior League of Riverside, community members have found
comfort in FSA’s legacy of providing high quality care through much needed services like
Senior Nutrition, Childcare, Mental Health, and Child Abuse Prevention throughout the
InlandRegion. FSA’s mission is to address poverty, hunger, and health from infancy to older
adults, in families and under-served communities.
Family Service Association
Cheryl-Marie Hansberger
Fund Development Specialist
2024
9516861096
21250 Box Springs Road, Suite 212
9516861096
21250 Box Springs Rd Suite 212
Moreno Valley / CA / 92557-8712
Ahlam Jadallah
2025
Moreno Valley / CA / 92557
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Public Services Program Application Fiscal Year –
Exhibit 2: Project Information
Project Title:
Project Address:
County Supervisorial District where project will be located:
1st District 2nd District 3rd District 4th District 5th District
If you are requesting funds for an existing CDBG project, provide prior CDBG project number.
Will this project provide an opportunity to hire minority-owned and women owned businesses?
If YES, describe what actions will be completed to implement such subcontracting plans to monitor
this component of the proposed project. If NO, discuss why and what actions are being taken to encourage minority-women businesses to apply for this project.
3
If this is an Expansion of Service to previously funded CDBG project, please explain how this is an
expansion of service?. (i.e For 2015 we proposed 60 units of service, this year the agency is planning
to serve 100 units of service)
Is this a New Public Service Project, or request to expand services to an existing CDBG project?
No
Grand Terrace Senior Center
X
2024
22627 Grand Terrace Rd., Grand Terrace, CA 92313
2025
For 2023, FSA proposed to serve 188 unduplicated clients. This year the Agency is planning
to serve 200 unduplicated clients.
Expansions of Service to an Existing Project
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Public Services Program Application Fiscal Year –
EXHIBIT 2A: Countywide Vision
Indicate Yes/No in the table below if any of these countywide vision goals are pertinent to the
proposed project.
Countywide Vision
Countywide Vision Yes/ No
Implement the Countywide Vision.
Create, Maintain and Grow Jobs and Economic Value in the County.
Improve County Government Operations.
Operate in a Fiscally-Responsible and
Business-Like Manner.
Ensure Development of a Well-Planned, Balanced, and Sustainable County.
Maintain Public Safety.
Provide for the Health and Social Services Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Governmental Agencies.
Provide a brief narrative of how your project meets the Countywide Vision:
4
The Project will Implement the Countywide Vision by supporting the Wellness Element to
provide safety, health and social service needs for County residents. The senior center offers
wellness activities, such as daily lunch, exercise classes, dance, and art classes, educational
classes, health screenings, and socialization opportunities for seniors through game nights,
arts and craft classes, and karaoke. The Project meets the goals of working with other
governmental agencies by maintaining a close working relationship between the County and
City of Grand Terrace.
Yes
Yes
Yes
Yes
2024
Yes
Yes
2025
Yes
Yes
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Public Services Program Application Fiscal Year –
Exhibit 3: Community Needs and Target Population
Community Needs Target Population
Public Service Needs: Yes/No Proposed Community: Yes/No
Senior Services Low and Moderate Persons
Handicapped Services Low and Moderate Households
Youth Services Abused Children
Child Care Services Handicapped Persons
Transportation
Services
Illiterate Persons
Substance Abuse Services Homeless Persons
Employment Training Migrant Farm Workers
Health Services Elderly People
Lead Hazard Screening
Crime Awareness
5
City/Target Area of Project Beneficiaries
Participating Cities: (i.e Redlands, Colton, Yucaipa)
No
NoNo
Yes
No
No
Yes
No
Yes
2024
No
City of Grand Terrace, and immediate surrounding area.
Yes
Yes
Yes
2025
No
No
No
Yes
No
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Public Services Program Application Fiscal Year –
Exhibit 3: Community Needs and Target Population (continued)
Describe the geographic boundaries of the neighborhood, community or area in which clients of the proposed program reside (attach a map if needed):
HUD Demographics: (Yes/No)
Does this project help prevent homelessness?
Does this project help the homeless?
Does this project help those with HIV or AIDS?
Does this project primarily help persons with disabilities?
Summarize the description of your project to include 1) priority, 2) sub-activity,
3)population(s) to be served, and 4) accomplishment level, and 5) services to be provided.
6
No
The geographic boundaries to be served are the entire boundaries of the City of Grand
Terrace. Seniors from adjacent communities such as Colton and Highgrove also utilize the
Center, but clients are primarily from Grand Terrace.
2024
No
No
2025
FSA is seeking funding to continue operations of the Grand Terrace Senior Center. A
Program Coordinator position was established in 2017 and since then services have been
offered on regular basis and participation has increased substantially. The project is needed
for the City of Grand Terrace to ensure that seniors have a safe and healthy place in their
community. The program coordinator is responsible for the daily operation of the Center,
including opening and closing the Center, scheduling of classes, educational counseling,
coordinating with vendors for programs, and also working with the senior board members. In
addition to personnel costs, FSA is also requesting funding for operational costs so that the
Center can host more activities and events on a routine basis. Funding is critical to the
success of the program, so that an experienced staff person(s) can operate the Center and
engage the community at large.
No
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Public Services Program Application Fiscal Year –
Describe how this project meets the priority population and activities selected.
Explain why this project is needed and what evidence can you substantiate the need.
Describe what gaps of service in the county this project fills.
What are the critical factors for the success of your project (include both financial and human resources)? For instance, is this the only funding for this project? What happens if funding decreases? Does this project rely on only one source of leveraging? Is there adequate staff involved with the project if there is project turnover? Please address any factor that is critical to project success.
7
For over 30 years, the Center has historically been managed by a senior volunteer; and
oftentimes the needs of the Center overwhelmed the capacity of senior volunteers. In 17/18 a
coordinator was funded and membership and participation increased by 10%. As membership
continues to increase, this staffing position and increased operational costs are needed to
manage the center's increasing activities.
2024
The Project will provide services to the senior target population. It will allow for staffing of the
Center to manage the services and activities of the Senior Center and its 185 monthly senior
participants. The Project will allow seniors to have a safe and healthy place to continue to be
nourished and stay active within their community.
2025
The Senior Center serves a minimum of 180 seniors on a monthly basis and fills this gap by
providing a variety of health, social and counseling services. With the help of CDBG funding a
paid position was established in 17/18, and in less than the first half of the fiscal year
membership grew by 10%. The grant is needed to sustain and increase this growth.
Funding is a critical factor for Project success. This application seeks $70,000 of CDBG
funding to assist in staffing and operations of the Center. It is critical to the success of the
program that there is a non-volunteer staffing to manage the Center. A paid coordinator has
been in place during the 17/18 year and the Center has already experienced increased
participation.
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Public Services Program Application Fiscal Year –
Exhibit 4: Project Budget & Sources
Project Budget
SB County Share: ($) Other Source: ($)
Personnel
Equipment (Rental, Lease or Purchase)
Consultant Services
(Auditing, Accounting or Payroll)
Space Rent
Insurance
Consumable Supplies
Other
Total Costs
Total Project Budget Cost: (CDBG Share + Other Source)
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$10,000.00
2024
$10,000.00$70,000.00
$50,000.00
2025
$20,000.00
$80,000.00
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Public Services Program Application Fiscal Year –
Exhibit 4A: CDBG Funds Requested and Leveraging Information
Indicate the amount being requested by the city.
City Amount Requested ($):
(This amount should match the grand total requested from CDBG Share)
9
Leveraging items may include any written commitments that will be used towards your cash match requirements in the project, as well as any written commitments for building, equipment, materials, services and volunteer time.
Source of Funding: Type of Funding: (Grant Name, EFSP Money) Amount ($): Date Available:
(11/22/2016)
Federal Funding
State
Funding
County Funding
Private Funding
Other:
Total Leveraging Funds
2024
Grand Te
2025
$70,000.00
$0.00
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Public Services Program Application Fiscal Year –
Exhibit 5: Performance and Outcomes
Definitions:
Unduplicated Clients: The number clients/persons projected to be served during the program year (e.g. 25 clients, 50 seniors):
Duplicated Clients: The estimated yearly units of service (duplicated, e.g. 25 clients x 10 visits=250 units of service):
Complete the chart below with the number of Duplicated and Unduplicated Clients to be served.
•In column 1 identify activities that will be completed (e.g. intervention,counseling, and case management).
•In column 2 indicate the number of Unduplicated Clients to be served.
•In column 3 identify the number of Duplicated Clients to be served.
Activities to be Completed (1) Unduplicated Clients to be Served (2)
Duplicated Clients projected to be
served (3)
Performance and Outcomes, answer the following narrative questions using minimum funds request.
Indicate a timeline of services provided to client(s) in order to meet project outcome(s).
Describe how your agency determines client(s) success.
Describe your methodology to evaluate project outcomes.
10
700
90
The timeline of services is 12 months, July 1, 2024 to June 30, 2025.
Exercise and Wellness Programs
Transportation to Grocery Markets 30
70
Evaluation of monthly intake forms and daily sign in sheets.
2024
2400
2700Social Recreation
2025
By continued increases in senior center membership, participation and programs,
demonstrating that seniors have a safe and healthy place to socialize and stay active within
their community.
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Public Services Program Application Fiscal Year –
Exhibit 5A: Proposed Goals & Milestones
Explain how the project will meet contract goals and milestones and be completed within 12 months (July 1, –June 30, ). For example, project expenditures and performance/
accomplishment goals of 40% by November 30th, 50% by December 31st, 80% by March 31st,
and 100% by June 30th.
Fill-in the table below with dates for submission of reimbursement claims and the estimated amount of each.
Date of Reimbursement: Amount ($):
Total Reimbursement: ($)
11
06/30/2025
25% by September 30, 2024; 50% by December 30, 2024; 75% by March 30, 2025; 100%
by June 30, 2025.
09/30/2024
$17,500.00
$70,000.00
$17,500.00
2024
2024
$17,500.00
$17,500.00
03/31/2025
2025
2025
12/31/2024
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Public Services Program Application Fiscal Year –
Exhibit 6: Agency Capacity Narrative
(Non-Profit Organizations Only)
Describe the roles of key administrators, staff members, and volunteers within your agency that will implement the proposed project. In your description include experience, education, and licensing qualifications.
Describe your agency’s experience in administering government and/or public funds.
Describe your method to sustain project viability over the multi-year process if funding decreases.
Instructions: Complete the table below by marking “YES” or “NO” to the questions listed below.
Question:
Example: Have you received federal funds in the past five years? Yes
In the past ten years, has your organization ever had its nonprofit status revoked or withheld by the IRS, the Secretary of State, the State Attorney General, or the Franchise Tax Board?
Has your organization been sued in the last five years?
Are any of your managers or staff with fiscal responsibilities involved in litigation presently that has any bearing on fiduciary trust or employee relations?
Have any unfavorable rulings been handed down by any court against your organization or Executive Director the last five years?
Does your organization currently have any unresolved fiscal, reporting, or program issues with any of its funding sources?
YES/ NO
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No
No
As a recipient of more than $750,000 in federal funds, FSA is subject to single audit
requirements using appropriate professional standards.
2024
FSA consistently searches for funding opportunities that could be a match for all agency
programs, including the Senior Center and its activities.
No
No
No
2025
Stephanie Soto is the Community Services Director and oversees the entire Center and
program.
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Public Services Program Application Fiscal Year –
EXHIBIT 7: Civil Rights Laws Compliance and HUD Good Standing
Answer the following questions.
Has your organization been a past recipient of assistance under a HUD McKinney Act program or the
HUD Single Family Property Disposition Homeless Program?
If you have been a recipient under either of these programs, has your agency experienced any project
or construction delay, HUD finding or outstanding audit that HUD deems serious regarding
the administration of HUD McKinney Act programs or the HUD Single Family Property
Disposition Homeless Program?
If you answered “Yes”, please explain the circumstances and outcome below.
Applicants must be in compliance with applicable civil rights laws and Executive Orders. Applications will be rejected if your agency has any of the following: (1) Any pending civil rights lawsuit instituted by
the U.S. Department of Justice; (2) Any noncompliance with civil rights statutes, Executive Orders or regulations as a result of formal administrative proceedings, unless the applicant is operating under a HUD-approved compliance agreement designed to correct the area of noncompliance or is currently
negotiating such an agreement; (3) Any unresolved Secretarial charge of discrimination issues under Section 810(g) of the Fair Housing Act, as implemented by 24 CFR 103:400; (4) Any adjudication of a civil rights violation in a civil action brought against the Organization by a private individual, unless the applicant is operating in compliance with a court order designed to correct the area of noncompliance or the applicant has discharged any responsibility arising from such litigation; (5) Any deferral of the processing of applications from the sponsor imposed by HUD under Title VI of the Civil Rights Act of 1964, the Attorney General’s Guidelines (28 CFR 50.3) or the HUD Title VI regulations (24 CFR 1.8) and procedures, or under Section 504 of the Rehabilitation Act of 1973 and HUD Section 504 regulations (24 CFR 8.57). If one or more of these situations exists with your Organization, please attach a brief description.
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No
No
2024 2025
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E-Signature Authorization
San Bernardino County
Community Development and Housing Departmemt
Community Development Block Grant
-Application
In order to comply with all applicable federal grant regulations, a hard-copy of this E-Signature Authorization containing an original wet signature must be filed with the San Bernardino County Community Development and Housing (CDH) in order for the applicant to electronically sign the Community Development Block Grant (CDBG) application documents online. This authorization may only be completed by a registered owner, partner, executive officer, or authorized employee (with proof of authorization) of the applicant submitting this form and must contain an original signature to be submitted to the CDH.
Authorization Agreement
I am an owner, partner, executive officer, or duly authorized employee of the below-listed applicant and have authority to enter into agreements on behalf
of the below-listed applicant. CDH may rely on the receipt of such agreements executed and delivered by facsimile or other electronic means as if the
original had been received. The undersigned agrees that the electronic signatures appearing on documents submitted from the below-listed applicant are
the same as handwritten signatures for the purposes of validity, enforceability and admissibility. By signing this Electronic Signature Authorization
Agreement, I authorize the CDH to accept, via electronic submission, documents submitted from the below-listed applicant as required by the CDH's
CDBG - Funding Application.
I understand that CDH may change the CDBG application system from time to time. I agree that the below-listed applicant will electronically sign all
documents requiring a signature related to the CDBG funding application.
My signature on this form certifies that:
I agree that entering my name in the CDBG funding application system constitutes my electronic signature. I understand that any information and
documents submitted using my name is electronically certifying my signature. I understand that I am legally bound, obligated, and responsible by use of
my electronic signature as much as I would be by my handwritten signature. I agree that I will protect my signature from unauthorized use, and that I will
contact CDH immediately, upon discovery that my electronic signature has been compromised. I certify that my electronic signature is for my own use,
and that I will not delegate it or share it with any individual.
This request is effective immediately upon receipt by the CDH and will remain in effect until the end of the - CDBG funding cycle or I choose
to cancel this request via written notification to the CDH. I understand that it is my responsibility to update and/or cancel this request
under all circumstances, including my departure or terminated association with the below-listed applicant.
By signing the E- Signature Authorization Form we certify that this agency will also comply with the following:
Non-discrimination This organization will, through all possible means, ensure equal opportunity for all persons to receive services, to participate in the volunteer structure, and to be employed regardless of age, handicap, national background, race, religion, or sex. An existing sectarian nature of the agency shall not suffer impairment under this agreement, but participation in religious observances, rituals or services will not be required as a condition of receiving food, services, or shelter paid for by this grant.
Accountability We commit this organization, if a grant is received, to provide all reports to the County as required; to expend monies only on eligible costs; to keep complete documentation (copies of all canceled checks, invoices, receipts, etc.) on all expenditures for a minimum of three years; to spend all funds and close out the program on the required date; to return any unused funds to the County to cooperate with monitoring or site visits, and; to provide complete documentation of expenses to the County, if requested, by the required date.
We affirm that all information in this application is true and correct to the best of our knowledge and that the applicant under our authority will execute its responsibility under the proposed contract and adhere to all other applicable rules and regulations to the fullest extent possible.
Non-collusion This proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person not herein named; the proposer has not directly induced or solicited any other proposer to put in a sham proposal, or any other person, firm or corporation to refrain from submitting a proposal; the proposer has not in any manner sought by collusion to secure for him/herself an advantage over any other proposer.
Applicant Information
Agency Name: Federal Tax ID No.:
Mailing Address: Phone No.:
Email Address: Fax No:
Authorized Signature
Print Name: Print Title:
Signature: Date:
Please send the signed copy of this one page agreement to: San Bernardino County Community Development and Housing Department 215 North D Street, Suite 302, San Bernardino, CA 94215-0043 Attn: CDBG Application
14
12/11/2023
CEOCEO
Development@fsaca.org
(951) 686-1096(951) 686-1096
Family Service Association
2024
2024
2024
95-1803694
Cheryl-Marie Hansberger
2025
2025
2025
Cheryl-Marie Hansberger
21250 Box Springs Rd Suite 212
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Public Services Program Application Fiscal Year –
CDBG Application Checklist (Non-Profit Organizations Only)
Community-based organizations are required to include one copy of the items listed below. If
you are not submitting these items at this time, please notify Community Development and Housing at (909) 501-0600 to make other arrangements. The following information is required before any contract or reimbursement can be completed.
o Summary of agency’s current year General Operating Budget
o List of agency’s Board of Directors, including names and addresses
o Proof of existing non-profit/tax-exempt status (Letters from the FederalInternal Revenue Service and State Franchise Tax Board)
o Current certificate of insurance and amounts covered
o Organizational chart
o Minutes of last Board meeting
o Non- Profit agencies must be Registered in the System of AwardManagement (SAM) website.
Agency cannot be funded if they have been debarred in the past.
o Provide board minutes/letter that authorizes the executive director or
program manager to run the project.
If your application is funded you will be required to provide a copy of your last audit and your Articles of Incorporation and Bylaws must be on file.
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AGENDA REPORT
MEETING DATE: February 13, 2024 Council Item
TITLE: Information on the Process of Implementation, the Difference Between a General Purpose and Special Purpose Tax, the
Requirements for Adoption by City Council Action or
Adoption by Initiative, the Requirement for Each Process, and the Timing Associated with Placing the Item on the Ballot
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: City staff recommends that the City Council:
1. Direct staff to prepare necessary resolutions and an ordinance to establish a general Transactions and Use Tax;
2. Provide direction to utilize a rate of 1.00% or some
other rate.
2030 VISION STATEMENT:
This staff report supports City Council Goal #1, “Ensure Our Fiscal Viability” by identifying additional revenue sources. BACKGROUND:
The City Councill convened an Ad-Hoc committee to review current funding and provide recommendations for future funding options. On December 12, 2023, an Ad Hoc Citizens Committee made a presentation to the City Council regarding potential funding sources for additional law enforcement services in Grand Terrace.
The Ad Hoc Citizens Committee recommended that an ordinance be adopted enacting a General-Purpose Transactions and Use Tax with a specified tax of 1.00 %.
The City Council, thereafter, directed staff to return with a follow-up presentation on the
options and corresponding procedures to establish a Transactions and Use Tax at a Rate of 1.00 %. On January 09, 2024, Staff presented information relative to the process of implementation, the difference between a General Purpose and Special Purpose tax,
the requirements for adoption by City Council action or adoption by initiative, the requirement for each process, and finally, the timing associated with placing the item on the ballot.
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The City Council requested clarification on considerations to placing the item on the ballot, fiscal impacts as well as costs to residents, potential costs associated with placing the item on the ballot.
DISCUSSION: Process to have issue on the ballot State law “caps” the total cumulative sales tax rate at a maximum rate of 10.25% for the
jurisdiction of Grand Terrace. 7.25% has already been accounted for by State, County
and City sales tax rates. as allocated in the table below. The City’s current allocation is 1.00%. Taxing Jurisdiction Rate
California state sales tax 6.00 %
San Bernardino County sales tax 0.25 % Grand Terrace sales tax 1.00 % Special tax (San Bernardino County) 0.50 % Combined Sales Tax: 7.75 %
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A maximum, 2.50% remains available to be allocated. A maximum of 2.00% of the remaining 2.50% may be captured by the City via a Transactions and Use Tax. The current city-wide tax rate is 7.75 %,
Such a tax may be either designated a General-Purpose tax or a Special Purpose tax. The proposed tax may be for a general purpose (i.e., a “general tax”) or specific purpose (i.e., a “special tax”).
The tax may be initiated by the Council via ordinance or via citizen initiative. If the City Council adopts a Transaction and Use tax via ordinance: A General Purpose tax may be adopted under the follow conditions:
· An ordinance proposing that tax is approved by a two-thirds vote of all members of that governing body, In this case, four (4) of the five (5) Councilmembers. · The tax is approved by a majority vote (1/2) of the qualified voters of the city · Must be consolidated with a general municipal election where the city council
seats are up for election (unless specific emergency criteria are met.) The next
general election will take place on November 5, 2024. · The City will not hold any special elections in 2024. A Specific Purpose tax may be adopted under the following conditions:
· An ordinance proposing that tax is approved by a two-thirds vote of all members of that governing body, In this case, four (4) of the five (5) Councilmembers. · The tax is approved by two-thirds (2/3) vote of the qualified voters of the city voting in an election on the issue
· The ordinance includes an expenditure plan describing the specific projects for
which the revenues from the tax may be expended. · The measure may be introduced as a special tax in the next general election on November 5, 2024. · The City will not hold any special elections in 2024.
Once the Council has determined to adopt either a General Purpose or Specific Purpose tax, the following items must be completed by the City Council: · Adoption of a resolution ordering submission to the qualified electors of the City of a
certain measure relating to a transactions and use tax at the general election to be
held on November 5, 2024. · Adoption of a resolution setting priorities for filing written argument(s) and directing the City Attorney to prepare an impartial analysis regarding the transactions and use tax measure.
· Resolution providing for the filing of rebuttal arguments for a transactions and use
tax measure submitted at the general election on November 5, 2024.
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· A first reading, by title only, of an ordinance relating to the proposed tax measure must take place. If the measure is approved, the second reading of the ordinance would be conducted after the election is certified.
The last day to submit these adopted resolutions to the San Bernardino County Elections office is August 9, 2024. All four listed items must be completed before this deadline.
The City Attorney recommended adoption of the necessary resolutions by the second meeting in June 2024, to provide sufficient time for the City Clerk to work with the County to satisfy this deadline.
If the Transaction and Use tax is initiated via citizen initiative:
If the City Council elects not to move forward with establishing a transactions and use tax via ordinance, the residents may pursue the tax by initiative measure as further discussed at the January 9, 2024 meeting and related staff report.
If the petition satisfies the statutory requirements for an initiative, then the City Council shall do one of the following pursuant to the Elections Code: · Adopt the ordinance at a regular meeting. While adoption through initiative
measure is typically allowed under state law, the City Attorney recommends
against this option because the California Constitution prohibits the imposition of any tax until it is submitted to the electorate. · Submit the ordinance to the voters at the next regular election held not fewer than 88 days after the date of the order of the election.
· Order a report at a regular meeting at which the certification of the petition is
presented. o The city council may refer the proposed initiative to city staff for a report on the proposed measure’s potential impact on the city and any matters the council requests to be in the report, to be presented to the city council
in the time prescribed by the council, but no later than 30 days from the
date the petition is certified. If the report is requested, then adoption of the ordinance or submission to the voters is delayed until the report is received.
Once the ordinance is submitted to the voters at the next regular election, it will only
require a simple majority to approve the measure, even if it is a special tax. While Proposition 13 and Proposition 218 require a two-thirds vote for imposition of special taxes, this requirement does not apply to citizen initiative measures.
Generally, Proposition 13 added Article XIII to the California Constitution and requires
that, among other things, special taxes imposed by cities, counties and special districts be approved by two-thirds vote of the qualified electors of such district. Cal. Const. art.
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13A, § 4. Subsequently, Proposition 218 added article XIII C to the Constitution, which prohibits local governments from imposing, extending, or increasing any special tax until it is submitted to the electorate and approved by a two-thirds vote. Cal. Const. art. 13C,
§ 2(d).
Several recent cases following Propositions 13 and 218, however, have found this supermajority requirement does not apply to the initiative power of the people to propose a special tax measure and approve it by a simple majority of votes. Most
notably, in City of Fresno v. Fresno Building Healthy Communities, the City argued
Propositions 13 and 218 required all special taxes, even those introduced by initiative power, to be approved by a two-thirds vote. 59 Cal. App. 5th 220, 227 (2020). In response, the court found Proposition 13 was directed against “spendthrift politicians” and its goal of restoring the government of, for and by the people would not be
accomplished by interpreting the proposition to limit the people’s own power to raise
taxes by initiative. Id. at 234. The court found no external language to suggest voters intended to limit their own power to raise taxes by initiative and expressed any reasonable doubts regarding one of the most precious rights in the democratic process should be resolved in favor of its exercise. Id. at 233-34. Further, the term “local
government” in Proposition 218 was found to not include the electorate and therefore,
inapplicable to initiative measures. Id. 238. Cases following Fresno Building Healthy Communities have consistently found a simple majority sufficient to enact initiative measures imposing special taxes. See e.g., City and
County of San Francisco v. All Persons Interested in Matter of Proposition G, 66 Cal.
App. 5th 1058, 1070-75 (2021) (finding special parcel tax for the San Francisco Unified School District that was placed on the ballot as a local citizens’ initiative only required a majority, not supermajority, vote to pass); Alliance San Diego v. City of San Diego, 94 Cal. App. 5th 419, 424 (2023) (finding an initiative measure raising occupancy taxes for
overnight lodging facilities only required a simple majority to pass); Howard Jarvis
Taxpayers Assn. v. City and County of San Francisco, 60 Cal. App. 5th 227, 230-34 (2021) (adopting reasoning in prior case law and finding the initiative measure imposing additional tax on commercial rents to fund early childcare education did not require a two-thirds majority to pass); Jobs & Housing Coalition v. City of Oakland, 73 Cal. App.
5th 505, 508 (2021) (finding a citizen initiative imposing a special parcel tax was
enacted when it received a majority of the vote). Summary
The chart below provides a simplified summary of the voting requirements by voters for
the two potential options: (1) Imposition of a transactions and use tax by the City Council; or (2) Imposition of transactions and use tax by initiative process.
City Council Initiated Measure Citizen Initiative Measure
General Tax Majority Vote Majority Vote
Special Tax 2/3rds Vote Majority Vote
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Revenue stream breakdown The City Sale Tax consultant estimates that a transaction and sales tax of 1.00% will
yield additional revenues of $1,965,000.
The transaction portion of the tax will generate new revenues to the City which had previously be allocated to other jurisdictions. In our current tax state, the City receives sales taxes on transactions that occur inside the City limits, and a portion of the County
pool of online sales that is proportionate to the City sales taxes relative to the entire
County. The proposed Transaction tax will reallocate the taxes for major purchases from the point of sale to the point of use. For example: Currently, if a resident purchases a vehicle from a dealership in another city, the sales taxes are allocated to point of sale, (the city of purchase). With the transaction tax in place, those sales taxes are allocated
to the point of use, which is the residents home City.
The transaction portion of the taxes are estimated to reallocate $525,000 for Autos and Transportation, as well as $300,000 for general merchandise for a total of $825,000 in revenue allocated to the City that had previously been allocated to other jurisdictions.
This does not place an additional sales tax burden upon Grand Terrace residents.
This leaves $1,140,000 in new revenues generated from sales in the City. Approximately 30% of the remaining taxes are sales from business to business. These are sales by businesses physically located in Grand Terrace to businesses primarily
located outside of Grand Terrace. This will generate approximately $228,000 in new
revenue. As such, these sales do not place an additional sales tax burden upon Grand Terrace residents. This leaves $912,000 in sales taxes potentially generated by resident transactions.
Approximately 20% of the remaining taxes are sales from restaurants and eating establishments. We do not have accurate economic models that tell us what percent of the total related to resident dining. Most of the restaurants in the City are either fast food or fast casual. Fast food restaurants earn approximately 65% of their revenue through
their drive throughs between 11:30am and 1:30pm. This is the lunch crowd. We assume
that most residents are at work and their children are in school; a significant portion of this is driven by non-resident activities. Fast casual dining establishments are a smaller percentage of the total sales tax revenues, and we assume that a larger share of their revenues are derived from resident activity. With these two factors in mind, we estimate
that the restaurant sector has approximately 30% non-resident sales. Total restaurant
taxes are $244,000. 30% of that is paid by non-residents reducing the sales tax burden by $73,200. This leaves $838,800 in sales taxes potentially generated by resident transactions.
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Approximately 20% of the remaining taxes are sales from fuel and service stations. We do not have accurate economic models that tell us what percent of the total related to fuel and service stations. Our fuel stations are located along major thoroughfares and
are convenient for Highgrove residents.
Additionally, individuals who work in the City frequently fuel as it is convenient for them to do so and not fuel in the early morning or late evening in their home city. With these factors in mind, we estimate that the fuel and service station sector has approximately
30% non-resident sales. Total fuel and service sales are $105,000. 30% of that is paid
by non-residents reducing the sales tax burden by $31,500. This leaves $807,300 in sales taxes potentially generated by resident transactions. The City has approximately 13,000 residents. If we divide $807,300 by the number of
residents, we find that each resident has an additional annual burden of $62.10.
Dividing by 12 produces $5.18 which is the monthly additional sales tax burden per resident.
Yield from 1% sales and transaction tax 1,965,000.00
Reallocated transaction revenue (825,000.00)
New total $1,140,000.00
Business to Business Sales (228,000.00)
New total $912,000.00
Total Restaurant taxes 244,000.00
30% non-resident contribution (73,200.00)
New total $838,800.00
Total fuel taxes 105,000.00
30% non-resident contribution (31,500.00)
New total $807,300.00
Number of residents 13,000
New annual sales tax burden per
resident
$62.10
New monthly sales tax burden per
resident
$5.18
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Cost for City Sponsored Ordinance In 2022, the City of Grand Terrace placed an initiative on the ballot by ordinance to
impose a Transit Occupancy Tax relating to tax on short term rentals. The City engaged
a consultant for polling and public engagement at a cost of $55,000. The services provided were adequate to have the measure pass by a small majority. It is staff’s opinion that the same level of services would not be adequate for a Transaction and use tax initiative.
In 2023, the City of Colton passed a 1.00% transaction and use tax initiative. Colton staff engaged consulting service to manage public outreach, education, social media interactions, and polling. Colton staff has indicated that the cost was approximately $200,000.
Currently the City of Chino has an emergency ordinance in place to place a transaction and use tax on the March ballot. Chino has engaged multiple consultants to manage each portion of their campaign, public outreach, community engagement, social messaging, and polling. Chino staff has indicated that they have spent approximately
$200,000 to date on their campaign and expect some additional costs to be incurred.
Given the complex nature of educating the public on such a venture and the resources necessary to engage in a professional manner, Staff feels that an approach similar to that of Colton and Chino is warranted. This would require Grand Terrace to expend
approximately $200,000 for consulting services related to the measure. In light of the
fact that revenues from additional taxes are expected to be in the range of $2,000,000 per year in perpetuity, staff feels that this is a reasonable investment with solid rate of return for the investment. Funds are available from General Fund Reserves, uncommitted funding from the Fire Station sale, reallocation of funds from the 2011
Bond proceeds, or any combination of these sources.
RECOMMENDATION: City staff recommends that the City Council:
Direct staff to prepare necessary resolutions and an ordinance to establish a general Transactions and Use Tax; Provide direction to utilize a rate of 1.00% or some other rate.
FISCAL IMPACT: Approximately $28,000 in City Attorney’s fees to prepare the necessary resolutions and ordinance and costs for public outreach and education on the measure.
Approximately $200,000 for consulting services related to the measure.
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APPROVALS:
Konrad Bolowich Completed 02/08/2024 8:13 AM
Finance Completed 02/08/2024 8:45 AM
City Manager Completed 02/08/2024 3:16 PM
City Council Pending 02/13/2024 6:00 PM
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AGENDA REPORT
MEETING DATE: February 13, 2024 Council Item
TITLE: City Council to Submit Its Opposition to the Public Utilities Code Tax Provision, Section 739.9 Embeddded into
Assembly Bill 205 (2022)
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: That the City Council Submit its Opposition to Public Utilities Code Tax Provision, Section 739.9 Embedded into Assembly Bill 205 (2022)
2030 VISION STATEMENT: This staff report supports our 2030 Mission: To preserve and protect our community and
its exceptional quality of life through thoughtful planning, within the constraints of fiscally
responsible government. BACKGROUND/DISCUSSION:
At the City Council’s January 9, 2024, regular meeting, Council Member Kenneth Henderson requested that opposition to high fixed charges on investor-owned utility bills be brought back for discussion under future agenda items and the City Council voted unanimously to do so.
Last year, the Legislature passed AB 205, a budget trailer bill that contained a little-noticed provision to mandate a fixed charge on all ratepayers. The provision removed the previous fixed charge cap of $10 per month, making the potential fixed charge unlimited. The bill was passed in three days with no public discussion. Many state lawmakers now admit they did not even know this provision as in AB 205. Now, the
state’s three Investor-Owned Utilities and some organizations have proposed the highest fixed charges in the country – between $30 and $70 per month, or three to seven times the national average. Supporters of a high fixed charge argue that it is necessary to pay for wildfire
preparedness, updates to the electrical grid, and the cost of electrification throughout the state. While we support the goal of electrifying vehicles and buildings, imposing high fixed charges is a false solution. Analysis from the Clean Coalition (Attachment 1) and
several utility experts (Attachment 2) demonstrates that high fixed charges improve the economics of electrification marginally at best.
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Instead, high fixed charges could end up punishing households that use less energy and encouraging high consumption. As demonstrated in an article by CALPIRG and Environment California (Attachment 3), the higher fixed charges and lower volumetric
charges proposed for customers could end up reducing bills for high electricity users
and increasing bills for lower electricity users. That means bills will go up for millions of working- and middle-class people who live in apartments, condominiums, and smaller homes - especially those who have tried to use less energy, by investing in more energy efficient appliances. High fixed charges incentivize energy waste and discourage energy
conservation, efficiency, and rooftop solar. This is a reversal of the state’s long tradition
of incentivizing behavior that benefits society and helps us hit our climate and energy policy goals. The data shows these negative impacts occur even with a $30 per month fixed charge.
This has a critical economic impact beyond the individual consumer. When a household
uses less energy, not only does that household save, but it also contributes to lower costs for the entire system, which benefits all customers. Incentivizing higher consumption on the other hand could consequently drive-up costs overall and in doing so could make high electricity bills even worse.
If the goal is really to bring down electricity bills, rather than just rearrange who pays what, what we need to do is get at solutions that bring overall costs down, like lowering utility profit levels, which are higher than profits rates across the country.
In the meantime, the Legislature should immediately correct their mistake and put a cap
back on the fixed charge that is in line with the national average of around $11/month. A coalition of over 200 organizations have signed on opposing the high fixed charge, including the California Environmental Justice Coalition, Western Center on Law &
Poverty, Tenants Together, California Interfaith Power and Light, Center for Biological
Diversity, and more (Attachment 4). In addition, this month, 22 Assemblymembers sent a strong letter (Attachment 5) to the CPUC sharply criticizing the proposed high fixed charge. Senator Josh Becker and Assemblymember Marc Berman authored a strong op/ed with a similar message.
If the City Council desires to oppose this high fixed charge, then staff will sign on to the letter identified in Attachment 4 as the City of Grand Terrace’s opposition to the high fixed charge requesting that the utility tax identified in AB 205 (2022) be repealed.
FISCAL IMPACT:
There is no fiscal impact to the General Fund by opposing Assembly Bill 205.
ATTACHMENTS:
• Attachment 1 - R.-22-07-005-Clean-Coalition-Rebuttal-Testimony(PDF)
• Attachment 2 - ex_parte_comments_to_the_cpuc_on_igfc_5-30-23(PDF)
• Attachment 3 - New proposed income-based fixed charges (PDF)
• Attachment 4 - Letter to California state legislators_ Repeal Utility Tax (PDF)
G.14
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• Attachment 5 - CPUC Fixed Charge 10.27 Letter (PDF)
APPROVALS:
Konrad Bolowich Completed 01/25/2024 10:14 AM
City Manager Completed 02/08/2024 3:16 PM
City Council Pending 02/13/2024 6:00 PM
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G.14.a
Packet Pg. 500
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G.14.a
Packet Pg. 501
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G.14.a
Packet Pg. 502
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G.14.a
Packet Pg. 503
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G.14.a
Packet Pg. 504
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G.14.a
Packet Pg. 505
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G.14.a
Packet Pg. 506
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G.14.a
Packet Pg. 507
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G.14.a
Packet Pg. 508
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G.14.a
Packet Pg. 509
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G.14.a
Packet Pg. 510
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G.14.a
Packet Pg. 511
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G.14.a
Packet Pg. 512
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G.14.a
Packet Pg. 513
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G.14.a
Packet Pg. 514
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G.14.a
Packet Pg. 515
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G.14.a
Packet Pg. 516
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G.14.a
Packet Pg. 517
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G.14.a
Packet Pg. 518
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G.14.a
Packet Pg. 519
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G.14.a
Packet Pg. 520
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G.14.a
Packet Pg. 521
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G.14.a
Packet Pg. 522
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G.14.a
Packet Pg. 523
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G.14.a
Packet Pg. 524
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G.14.a
Packet Pg. 525
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G.14.a
Packet Pg. 526
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G.14.a
Packet Pg. 527
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G.14.a
Packet Pg. 528
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G.14.a
Packet Pg. 529
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G.14.a
Packet Pg. 530
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G.14.a
Packet Pg. 531
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G.14.a
Packet Pg. 532
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G.14.a
Packet Pg. 533
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G.14.a
Packet Pg. 534
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G.14.a
Packet Pg. 535
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G.14.a
Packet Pg. 536
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G.14.a
Packet Pg. 537
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G.14.a
Packet Pg. 538
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G.14.a
Packet Pg. 539
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G.14.a
Packet Pg. 540
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G.14.a
Packet Pg. 541
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G.14.a
Packet Pg. 542
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G.14.a
Packet Pg. 543
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G.14.a
Packet Pg. 544
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G.14.a
Packet Pg. 545
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G.14.b
Packet Pg. 546
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G.14.b
Packet Pg. 547
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RE: Repeal “Utility Tax” provision NOW before it increases utility bills on millions of working
and middle class families and undermines conservation efforts across California
Complete this form to sign on to this letter
Fact Sheet
Scroll past logos to read the full letter
G.14.d
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Complete this form to sign on to this letter
Fact Sheet
RE: Repeal “Utility Tax” provision NOW before it increases utility bills on millions of working and middle class families and undermines conservation efforts across California
To: California State Legislature and Gov. Gavin Newsom We, the undersigned organizations and community leaders, are writing in strong opposition to the
“Utility Tax” provision embedded into Budget Trailer Bill AB 205 (2022). We object to the un-
democratic and opaque way in which the Utility Tax was enacted, passed in three days without any public hearings or discussion. The people of California deserve a voice in any major policy change with such wide-ranging consequences. The legislature needs to immediately repeal Public Utilities Code Section 739.9, through a current Budget Trailer or other bill.
G.14.d
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Section 739.9 requires the California Public Utilities Commission (CPUC) to add a fixed charge to electricity bills based on household income. Because of this provision, the utilities and other
organizations (NRDC, TURN, and Public Advocate) have proposed the highest fixed charges in the
country, between $30 to $70 per month. That would be three to seven times the national average for such a fixed charge. These proposals would function as a Utility Tax that would apply to all residential customers of PG&E, SCE, SDG&E, and CCAs.
In contrast to the claims made by Utility Tax proponents, the Utility Tax will hurt working families. An
in-depth analysis of these Utility Tax proposals found that they would have the following negative consequences: ● Millions of Californians who live in apartments, condos, and small homes that use less
energy would see their utility bills increase. Californians already suffer under the highest
electricity bills in the country. This would have devastating consequences for working families. ● High fixed charges discourage all forms of energy conservation, such as turning off the lights, energy efficiency, or installing new windows, rooftop solar, and batteries. For years, working families have practiced energy conservation as a way to lower their monthly bills. The
Utility Tax proposals will take control away from these households, degrading their ability to
manage their energy bill. ● The Utility Tax proposals will NOT incentivize electrification as proponents claim. In fact, it will still be cheaper for most consumers to stick with natural gas under any of the proposals.
Utility rates and fees only ever go up, not down. The fixed charge provision of AB 205 completely
lifted the cap on the size of the Utility Tax and says nothing about freezing or lowering electricity rates. Thus, the promise of lower volumetric rates in exchange for the Utility Tax will be temporary. Both rates and the Utility Tax will continue to increase over time, wiping out any initial benefit for CARE and FERA customers, and keeping ratepayers trapped in unsustainable electricity bills.
The Utility Tax entrenches the problem of high electricity prices, rather than solving it. Electricity prices are too high mainly due to the increasing costs of unnecessary long distance power lines, liability when those lines create wildfire risks, and generous utility profits that drive this spending. A Utility Tax does not fix that underlying problem because it just rearranges who pays
what—harming millions of working class people in the process. The true solution to stabilizing the
high cost of electricity is to reduce our overdependence on long distance power lines through greater conservation and local clean energy. Finally, the income verification of all customers raises big privacy and data security issues that
have not been thoroughly aired.
Utility Tax proponents claim that the Utility Tax will lower bills on low income households. This does not tell the whole story. While CARE and FERA customers will see relatively small and temporary bill decreases, households above the cutoff for those programs who live in apartments, condos and
smaller homes, will see bill increases. This includes millions of low income Californians, as well as
moderate income households, and is unacceptable.
We call on the state Legislature to address the problems outlined in this letter by immediately repealing Public Utilities Code Section 739.9.
We are watching and intend to hold state lawmakers accountable for the outcome of this matter. Thank you,
G.14.d
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Center for Biological Diversity
Environmental Justice Coalition for Water
Central Coast Climate Justice Network (C3JN)
Western Center on Law and Poverty
Green the Church
COFEM (Federation of Clubs and Associations of Michoacanos in North America)
California Latino Environmental Advocacy Network
Indivisible CA Green Team
California Environmental Justice Coalition
San Joaquin Urban Native Council
California Interfaith Power & Light
California Alliance for Retired Americans
Howard Jarvis Taxpayers Association
Lutherans Restoring Creation
Todos Unidos
Monterey County Renters United
Oakland Education Association
Tenants Together
East Bay Housing Organizations (EBHO)
Madera Coalition for Community Justice
Gallaher Community Housing
CADEM Renters Council
Long Beach Gray Panthers
Environmental Working Group
Bridge Housing
Clean Coalition
Elders Climate Action, SoCal Chapter
Third Act Sacramento
Social Eco Education
Federación de Guanajuatenses
Cafe Coop
Greater Harvest Church of God in Christ
Anahuak Youth Soccer Association
Federación de Clubes y Asociaciones
Federación Duranguenese USA
Organización Regional de Oaxaca Por El Respeto y La Defensa De Nuestra Cultura
Federación de Nayaritas en Estados Unidos
Federación de Clubes Colima
Sonora USA
SanDiego350
350 Bay Area Action
Solar Rights Alliance
Indivisible Alta Pasadena
Indivisible Resistance Northridge
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Ban SUP (Ban Single use plastic)
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Indivisible Ventura
Indivisible Santa Cruz County
Indivisible Stanislaus
Indivisible Sacramento
Progressive Democrats of the Santa Monica Mountains
PDA-CA (Progressive Democrats of America-California
Livermore Indivisible
Electric Vehicle Association California Central Coast Chapter
So Cal 350
Stand Strong LA Indivisible
Indivisible Sonoma County
Indivisible Westside LA
350 Conejo
Indivisible CA-34
Feminists in Action, Los Angeles
Environmental and Political Action Alerts
Valley Women’s Club of San Lorenzo Valley
Indivisible Ross Valley
Indivisible San Pedro
Basin and Range Watch
Democratic Club of West Orange County
San Francisco Bay Physicians for Social Responsibility
Neighbors for Progressive Action
SAVE THE FROGS!
Indivisible San Jose
Center for Community Energy
Climate Action Mendocino
California Climate Voters
Californians for Western Wilderness
Albany Climate Action Coalition
Bay Area Clean Air Coalition
San Joaquin Valley Dems Club
Resource Renewal Institute
Santa Cruz Climate Action Network
CBFD Indivisible
Stand.earth
Coalition for Environmental Equity and Economics
350 Ventura County Climate Hub
Alliance of Nurses for Healthy Environments
Climate First: Replacing Oil & Gas (CFROG)
UU Church of Palo Alto
CleanEarth4Kids.org
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Grassroots Institute - Climate Crisis Workgroup
Designing Accessible Communities
Sonoma County Climate Activist Network (SoCoCAN!)
Courageous Resistance and Indivisible of the Desert
Climate Hawks Vote
350 Santa Barbara
Eco Chicos
Wellstone Democratic Renewal Club
Equity Transit
Long Beach Alliance for Clean Energy
Hammond Climate Solutions Foundation
Redwood Energy
Morongo Basin Conservation Association
Long Beach Community Table
Extinction Rebellion San Francisco Bay Area
Solar United Neighbors
North County Climate Change Alliance
Samuel Lawrence Foundation
350 Sacramento
The Climate Reality Project San Diego Chapter
Sustainable Claremont
Endangered Habitats League
Tubb Canyon Desert Conservancy
Glendale Environmental Coalition
Public Power San Diego
Greening Committee of Kehilla Community Synagogue
Climate Reality Project Orange County Chapter
Hang Out Do Good (HODG)
350 Contra Costa Action
Mother’s For Peace
Climate Reality Project Ventura County
Invisible Resisters Walnut Creek
Santa Cruz for Bernie
Californians for Energy Choice
Silicon Valley Youth Climate Action
RootsAction
ZEV2030
Pacific Energy Policy Center
Humboldt Progressive Democrats
WEHANA (West Harmon Area Neighborhood Association)
Ballona Institute
Defend Ballona Wetlands
Coastal Lands Action Network
Our City San Francisco
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Reform & Sustain
Change Begins With ME
The Climate Justice Team of First UU of San Diego
San Luis Obispo Mothers for Peace
Pink Panthers
SLO Climate Coalition
Eagle Architects
San Joaquin Valley Democratic Club
Green New Deal at UC San Diego
Democratic Socialists of America - San Diego
Business for Good San Diego
Better APC
Elected Officials to Protect America (EOPA) - Code Blue
Fossil Free California
Citizens' Climate Lobby Santa Cruz Chapter
Palos Verdes Democrats
San Diego Veterans For Peace
Youth Will
Extinction Rebellion Los Angeles
Congregational Community Church of Sunnyvale (UCC)
BQuest Foundation
Climate Action Campaign
Indivisible East Bay
Indivisible San Francisco
San Francisco Climate Emergency Coalition
350 Southland Legislative Alliance
Project Green Home
In Good Company
East Los Angeles Boyle Heights Coalition
LIFT Economy
First Church Berkeley UCC
Activist San Diego
Food & Water Watch
Elders Climate Action, NorCal Chapter
Orinda Community Church
NSI Services, Inc
Davis United Methodist Church Service & Justice Ministry
Rachel Carson Returns
Carlsbad Sustainability Coalition
Eagle Architects
Citizens Climate Lobby San Diego Central
Martin Luther King Jr. Freedom Center
Comité Pro Uno
Peace Action
G.14.d
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Friends of the Climate Action Plan
QuitCarbon
AjO
Verdani Partners
Berkeley Electrification Working Group
Ecology Center
Napa Climate NOW!
South Bay Sustainable Communities Network
Acterra: Action for a Healthy Planet
Sunrise Movement LA
The Society of Fearless Grandmothers-SB
Placer People of Faith Together
Placer Earth Care Action
Urban Habitat
CHN, Sacramento Climate Coalition, SacAct
SFUU Social Justice Committee
SocioEnergetics Foundation
Saddles That Fit!
Extinction Rebellion America - Sacramento
The Community Action League (TCAL)
Peralta Federation of Teachers
Mercy Housing California
East Area Progressive Democrats
UU Fellowship of Sunnyvale – Social Justice Team
Stop OAK Expansion Coalition
West Berkeley Alliance for Clean Air and Safe Jobs
Catholic Charities of the Diocese of Stockton, Environmental Justice Program
API Equality-LA
Americans for Democratic Action of Southern California
Siskiyou Habitat for Humanity
Comite Civico del Valle
Greenpeace
Climate Resilient Communities
Tri-Valley CAREs
Plastic Pollution Coalition
The Last Plastic Straw
LaPlaca and Associates LLC
Showing Up for Racial Justice Ventura County
East Valley Indivisibles
PowerCA Action
100 Black Men of Long Beach
Social Compassion in Legislation
Ashby Village
Californians for Disability Rights Inc
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Letter to President Reynolds
October 27, 2023
Page 1
October 27, 2023
Alice Busching Reynolds, President
California Public Utilities Commission
505 Van Ness Avenue
San Francisco, CA 94102
RE: Income Graduated Fixed Charge Rate Design
President Reynolds:
We are writing in response to the California Public Utilities Commission’s (CPUC) income graduated fixed
charge rate designs proposed in regulatory proceeding (R.) 22-07-005 following a provision in Assembly Bill
(AB) 205 (Budget, Chapter 61, Statutes of 2022) that authorizes regulated utilities to charge residential energy
customers a fixed, income-graduated rate. We have significant concerns about the direction of the CPUC’s
implementation of AB 205 and its potential negative impacts on our constituents and believe that, at a
minimum, more time will be needed to consider such a significant and far reaching change in policy that will
significantly impact rate payers with only a theoretical benefit.
First, the CPUC has rejected a request to hold public participation hearings regarding major changes to the
state’s electric rate structure. Given the breadth of impact to rate payers, it is only fair, in the name of
transparency and disclosure, that a full, public process be conducted to hear from all parties that will be
affected, not just those who are party to the proceeding. Further, given that the CPUC has had authorization to
implement a fixed rate charge since 2013, with the passage of AB 327 (Perea, Chapter 611, Statutes of 2013),
but has felt no urgency to do so for the past ten years, we believe there is ample time to open this proceeding
to the public.
Second, we are concerned that this proceeding, and its subsequent decision, could ultimately steer the state
away from a conservation focus to that of increased electrical consumption, by sending the wrong signal to
rate payers. With these proposals, there would be a decoupling of electricity policy from the volumetric and
conservation-based model that the CPUC has long been promoting. For instance, even under some of the lower
proposed flat rates, analyses show that those who consume more electricity, such as a single family home with
pool, will receive a discount at the expense of a low electricity user, such as an apartment renter. There is a
very real possibility that these proposals could discourage the kind of conservation that is needed in order to
avoid rolling blackouts that have threatened the state too often over the past several years.
Building on this departure from volumetric rates, a significant amount of analysis has been conducted on the
impact of these proposals on both California Alternate Rates for Energy (CARE) and Family Electric Rate
Assistance Program (FERA) rate payers, as is appropriate. Lower income Californians were meant to benefit
from an income graduated fixed charge, however analysis shows that rate payers just outside of the CARE and
G.14.e
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Letter to President Reynolds
October 27, 2023
Page 2
FERA income levels who consume less electricity will ultimately pay more for their electricity than a large
electricity user. It’s important to consider the real impacts of these theoretical discussions on rate payers that
may already be living paycheck to paycheck. A $30 fixed rate fee for these rate payers would result in their
electrical bill costing an extra $360 per year, to which that rate payer would see no direct benefit and would
have no ability to lower through conservation or “time of use” adjustments.
Additionally, we are concerned about this proceeding’s potential impact to both current and future rooftop
solar and battery users. The Legislature has voted repeatedly to encourage rooftop solar and the CEC is now
requiring rooftop solar on new homes. These distributed solar energy systems combined make up the largest
clean energy market in California, generating 24 million megawatt-hours of electricity every year. The
proceeding must carefully contemplate the impact on this distributed, renewable energy resource and whether
a fixed rate fee would impact existing policies in this area. We are still waiting to understand the impacts of
the CPUC’s Net Billing Tariff on roof-top solar and battery market which went into effect this past April.
While we understand that a fixed charge may be needed, we do not believe a policy shift of this magnitude
should happen without sufficient time for a wide array of public input. Instead, we request that the CPUC, at
a minimum, extend the timeline for the proceeding, allowing for the Commission to hold public participation
hearings on this proceeding. Further, the majority of the current proposals are unreasonable and the
Commission must ensure that any fixed rate being considered be in line with national rates.
We appreciate your consideration of this request and look forward to engaging with the CPUC on this crucial
decision.
Sincerely,
__________________________ ____ ______________________
JACQUI IRWIN DAWN ADDIS
Assemblymember, 42nd District Assemblymember, 30th District
__________________________ __________________________
CECILIA AGUIAR- CURRY DAVID ALVAREZ
Assemblymember, 4th District Assemblymember, 80th District
G.14.e
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Letter to President Reynolds
October 27, 2023
Page 3
________________________ __________________________
REBECCA BAUER- KAHAN MARC BERMAN
Assemblymember, 16th District Assemblymember, 23rd District
__ ________________________ ____ ______________________
TASHA BOERNER MIA BONTA Assemblymember, 77th District Assemblymember, 18th District
____ ______________________ __________________________
DAMON CONNOLLY LAURA FRIEDMAN Assemblymember, 12th District Assemblymember, 44th District
__________________________ __________________________
TIM GRAYSON GREGG HART Assemblymember, 15th District Assemblymember, 37th District
__________________________ __________________________
EVAN LOW BRIAN MAIENSCHEIN
Assemblymember, 26th District Assemblymember, 76th District
G.14.e
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Letter to President Reynolds
October 27, 2023
Page 4
__________________________ __________________________
AL MURATSUCHI BLANCA PACHECO Assemblymember, 66th District Assemblymember, 64th District
_
_________________________ __________________________
DIANE PAPAN GAIL PELLERIN Assemblymember, 21st District Assemblymember, 28th District
__________________________ __________________________
PILAR SCHIAVO PHIL TING Assemblymember, 40th District Assemblymember, 19th District
__________________________ __________________________
CHRIS WARD AKILAH WEBER
Assemblymember, 78th District Assemblymember, 79th District
G.14.e
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AGENDA REPORT
MEETING DATE: February 13, 2024 Council Item
TITLE: Priority Projects FY 2023-2024_FY2024-2025 Review
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: That the City Council review and provide feedback and direction as appropriate.
2030 VISION STATEMENT:
This staff report supports Goal #1, Ensure our Fiscal Viability and supports Goal #5,
Develop and Implement Cost Effective Proactive Communication Program
BACKGROUND:
As part of the FY 2023-24 budget discussion, the City Council reviewed its priority
projects and recommendations were provided to staff. Subsequently, the Council
engaged in multiple workshops to develop a list of priorities to provide guidance on
allocation of resources.
DISCUSSION:
The FY 2023-24 mid-year budget review is in progress, as well as preliminary work on
the FY 2024-25 budget. This is an opportunity to review the priorities and allow Council
to reorder those priorities, remove specific items, or add new items to the list.
ENVIRONMENTAL IMPACT
None
FISCAL IMPACT:
None
ATTACHMENTS:
• 2-13-24 Priority Projects (PDF)
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APPROVALS:
Konrad Bolowich Completed 02/06/2024 1:29 PM
City Manager Completed 02/07/2024 2:36 PM
City Council Pending 02/13/2024 6:00 PM
G.15
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PRIORITY PROJECT LIST
Priority Project
1 Storm Drain Master Plan
2 Mt. Vernon Slope
3 Housing Element Update
4 Street and Sidewalk Repair
5 Automated License Plate Reader Cameras (ALPRs)
6 Blue Mountain Trail Land Acquisition
7 Barton Rd Guardrail Replacement
8 Establish Youth Programs
9 Street Sign Replacement
10 Barton/Mt. Vernon Landscape Update
11 Neighborhood Watch Program
12 West Barton Bridge Replacement
13 General Plan (safety, EOP, Haz Mitigation, Land Use) Update
14 La Cadena Median
G.15.a
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