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03/22/2011 JILE-_-COF 7 GROW TERR CE March 22,2011 - 22795.Barton Road Grand Terrace :.California 92313=5295 C►vic Center :CITY OF GRAND:.TERRACE (909)824-6621 Fax(909).783-7629 ,Fax,(909)783-2600 ; CRA/CITY.COUNCIL -Walt Stancluewitz Mayor REGULAR MEETINGS '•°LeeAnn'Garcia ' =Mayor Pro Tem 2 AND-4TH Tuesday = "6.:00 pm: Bernardo Sandoval; Darcy;McNalioe Gene Hays CoUncil Members: Betsy-M.Adams City' Manager Council Chambers Grand-Terrace Civic Center 22795,Barton.Road Grand Terrace, CA 92313-5295 CITY OF GRAND TERRACE COUNCIL MEETING . AGENDA CITY COUNCIL CHAMBERS March 22,2011 GRAND TERRACE CIVIC CENTER 6:00 p.m. 22795 Barton Road 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)824-6621 AT LEAST 48 HOURS PRIOR TO THE MEETING. IF YOU DESIRE TO ADDRESS THE CITY COUNCIL DURING THE MEETING,PLEASE COMPLETE A REQUEST TO, SPEAK FORM AVAILABLE AT THE ENTRANCE AND PRESENT IT TO THE CITY CLERK. SPEAKERS WILL BE CALLED UPON BY THE'MAYOR AT THE APPROPRIATE TIME. 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.CITYOFGRANDTERRACE.ORG * Call to Order- * Invocation- * Pledge-of Allegiance- * Roll Call- STAFF COUNCIL 7 AGENDA ITEMS RECOMMENDATION ACTION CONVENE COMMUNITY REDEVELOPMENT AGENCY v 1. Approval of 03-08-2011 Minutes Approve ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL 1. Items to Delete 2. SPECIAL PRESENTATIONS A. Chamber of Commerce Business of the Month B. Proclamation-Child Abuse Prevention Month-April 2011 3. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without discussion. Any Council Member,Staff Member,or Citizen may request removal of an item from the Consent Calendar for discussion. A. Approve Check Register No.03-22-2011 Approve B. Waive Full Reading of Ordinances on Agenda C. Approval of Minutes of 03-08-2011 Approve D. Extension of Library Lease-San Bernardino County Approve . E. Resignation of Emergency Operations Committee Member- Accept Debra Hurst F. Resignation of Crime Prevention Committee Member-Debra Accept Hurst COUNCIL AGENDA 03-22-2011 PAGE 2 OF 2 AGENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION G. Historical and Cultural Activities Committee Minutes of Accept February 7,2011 4. 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. 5. COUNCIL REPORTS 6. PUBLIC HEARINGS-None 7. UNFINISHED BUSINESS-None 8. NEW BUSINESS A. Agreements between the City and the County of San Approve Bernardino for Implementation of the Community Development Block Grant Program B. Resolution Adopting a County-wide Non-motorized Adopt/Approve Transportation Plan for the City of Grand Terrace C. Spring 2011 Volunteer Projects Receive 9. CLOSED SESSION A. Conference with Legal Counsel-Potential Litigation GC54956.9(b)-One Case B. Conference with Real Property Negotiators(Government Code Section 54956.8) Prove -APN 1167-271-11 (12569 Michigan) Agency Neizotiator-Betsy M.Adams Negotiating Parties-Mary Rose Wallace,Habitat for Humanity,Executive Director Under Negotiation-Price and Terms of Payment C. City Attorney Contract GC54957(b)l ADJOURN THE NEXT CRA/CITY COUNCIL MEETING WILL BE HELD ON TUESDAY,APRIL 12,2011 AT 6:00 P.M. ........................................................................................................................... AGENDA ITEM REQUESTS MUST BE SUBMITTED IN WRITING TO THE CITY CLERK'S OFFICE NO LATER THAN 14 CALENDAR DAYS PRECEDING THE MEETING. PENDING CRA APPROVAL CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY MINUTES REGULAR MEETING -MARCH 8,2011 A regular meeting of the Community Redevelopment Agency, City of Grand Terrace, was held in the Council Chambers,Grand Terrace Civic Center,22795 Barton Road,Grand Terrace,California, on March 8, 2011 at 6:00 p.m. PRESENT: Walt Stanckiewitz, Chairman Lee Ann Garcia, Vice-Chairman i Darcy McNaboe, Agency Member Bernardo Sandoval, Agency Member Gene Hays, Agency Member Betsy M. Adams, City Manager Brenda Mesa, City Clerk Bernie Simon, Finance Director Joyce Powers, Community&Economic Development Director Richard Shields, Building& Safety Director John Harper, City Attorney Sgt. Ed Finneran, San Bernardino County Sheriff's Department Rick McClintock, San Bernardino County Fire Department ABSENT: None APPROVAL OF 02-22-2011 MINUTES CRA-2011-13 MOTION BY AGENCY MEMBER MCNABOE, SECOND BY VICE- CHAIRMAN GARCIA, CARRIED 5-0, to approve the February 22, 2011 Community Redevelopment Agency Minutes. FISCAL CONSULTANT SERVICES CONTRACT-ADDITIONAL CONTRACT SERVICES -ROSENOW SPEVACEK GROUP, INC. CRA-2011-14 MOTION BY AGENCY MEMBER MCNABOE, SECOND BY AGENCY MEMBER SANDOVAL,CARRIED 5-0,to approve an Agreement for Professional Services with Rosenow Spevacek Group, Inc. (RSG) and appropriate $20,000.00 from the CRA Debt Service Fund(33)to cover the cost for the additional contracted services. TRANSFER OF CITY-OWNED PROPERTY AT 12569 MICHIGAN STREET TO THE AGENCY'S HOUSING FUND CRA-2011-15 MOTION BY AGENCY MEMBER HAYS, SECOND BY VICE-CHAIRMAN CRA AGENDA ITEM NO. I Community Redevelopment Agency Minutes March 8,2011 Page 2 GARCIA, CARRIED 5-0, to adopt a Resolution approving the purchase of 12569 Michigan Street from the City for affordable housing purposes and reducing the General Fund's loan amount by $132,000.00. LICENSE AGREEMENT FOR THE SALE OF FIREWORKS ON AGENCY PROPERTY CRA-2011-16 MOTION BY VICE-CHAIRMAN GARCIA, SECOND BY AGENCY MEMBER SANDOVAL,CARRIED 5-0,to approve a License Agreement between the Agency and American Promotional Events,Inc.to permit the use of Agency property for the sale of safe and sane fireworks from June 28, 2011 through July 4, 2011. Chairman Stanckiewitz adjourned the Community Redevelopment Agency Meeting at 6:46 p.m., until the next CRA/City Council Meeting that is scheduled to be held on Tuesday,March 22,2011 at 6:00 p.m. SECRETARY of the Community Redevelopment Agency of the City of Grand Terrace CHAIRMAN of the Community Redevelopment Agency of the City of Grand Terrace L14 v - I 'xVM C s CHILD ABUSE PREVENTION MONTH y. April 2011 WHEREASApril2011 has been proclaimed as ChildAbuse Prevention Month by the state and federal governmentfor the purpose ofpromoting community involvement in preventing child abuse;and the State Of California has proclaimed the first week of April as Safe Surrender awareness week; all children have the right to receive the care,protection and guidance a family provides;they have the right to be free from harm and to have their physical, emotional and educational needs met, and WHEREAS,almost 3 7,000 children in the County of San Bernardino were referred in 2010 to Vi................... - Children's Assessment Center x�.' the Children& Family Servicesforsuspected child abuse and neglect, I < staff, Children & Family Services Social Workers, Public Health Nurses, law enforcement officers, :7 educators,behavioral health clinicians and others in the field are dedicated,compassionate and skilled 5 individuals working under the enormous pressure to protect children; the prevention of child abuse requires rigo p rous solutions,energy,strength,determination and commitment on the art of concerned citizens and the community, and WHEREAS, the Blue Ribbon is the international symbol for child abuse prevention; the Children's Network and Children's Fund in partnership with the Children & Family Services, Department of Public Health, First 5 San Bernardino, Community Action Partnership, County Superintendent of Schools, Sheriffs Department, Child Care Planning Council, Department of Behavioral Health, Preschool Services Department, County Library, Arrowhead Regional Medical Center,Children's Fund Assessment Center,Loma Linda University-Children's Hospital,County Fire Department, have planned a Blue Ribbon Media Campaign an,Educational Materials Distribution, d the 13'Annual("Shine A Light on Child Abuse")Awards Breakfast to increase awareness of child abuse during the month of April; NOW,THEREFORE,the City Council ofthe City of Grand Terrace,does herehyproclaimApril Z 2011 as CHILD ABUSE PREVENTIONMONTHin the City of Grand Terrace and encourage citizens to participate in the events and to join in the efforts to end child abuse. This 2rdday of March,2011. Mayor Stanckiewitz Mayor Pro Tem Garcia Council Member Sandoval Council Member McNaboe Council Member Hays COUNCIL AGENDA ITEWN4., i CALIFORNIA AGENDA REPORT MEETING DATE: March 22, 2011 Council Item(X) CRA Item() TITLE: Check Register No.03-22-2011 PRESENTED BY: Bernie Simon, finance Director RECOMMENDATION: Approve BACKGROUND: The Check Register for March 22, 2011 is presented in accordance with Government Code §37202. The attached index to the warrant register is a guideline account list only and is not intended to replace the voluminous list of accounts used by the City and CRA. Expenditure account number formats are XX-XXX-XXX [Fund-Depart-General Account]. Expenditures may be made from trust/agency accounts (fund 23-xxx-) or temporary clearing accounts which do not have budgetary considerations. DISCUSSION: A total of $390,061.31 in accounts payable checks was issued during the period for services, reimbursements, supplies and contracts and are detailed in the attached Check Register. Payroll costs for the period amounted to $74,808.87 and are summarized below. Some of the non-routine items include: 66549 Riverside Reimburse Staff, Auditors, and IT Manager $7,957.90 Highland Water for Time Spent to Reconcile Sewer Payments Var Various December Winter Storm Damage-Accounts $4,855.75 10-190-702-001-000 66554 S.B. Co. Sheriff Deputy OT for Click It Or Ticket It Grant $1,016.48 i COUNCIL AGENDA ITEM NO.3 i i i 1 Some the larger items include: 66491 Rock Bottom Inc. Baseball Field Construction Payment# 1 $59,651.00 66550 Rock Bottom Inc. Baseball Field Construction Payment#2 $55,514.85 66524 City of Colton Grand Terrace Share of Barton/La Cadena $70,000.00 Traffic Signal Per Agreement 66530 D.J.D. Group Inc. Senior Comm. Kitchen Remodel Project $23,453.29 Payment#3 66534 Fraco Enterprises Baseball Field Construction Management $27,988.96 Services/Misc. Payroll costs processed for period ending March 8; 2011: - Date Period Payroll and payroll costs 03/08/11 Biweekly $74,808.87 FISCAL IMPACT: All disbursements are made in accordance with the adopted budget for FY 2010-11, Respectfully submitted, Bernie Simon Finance Director Manager Approval: Betsy M. Adamd City Manager ATTACHMENTS: Check Register—March 22, 2011 ' 1 ichlist Voucher List Page: )3/15/2011 4:10:55PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amour 66491 3/2/2011 011172 ROCK BOTTOM, INC. PW-06-10-1 BASEBALL FIELD PER GTB 10-06 32-600-312-000-000 59,651.0 Total : 59,651.0- 66492 3/3/2011 004587 MANAGED HEALTH NETWORK 3200025010 MA MARCH MHN INSURANCE 10-440-142-000-000 139.8, 34-800-142-000-000 2.61 10-120-142-000-000 10.0 10-125-142-000-000 10.0' 10-140-142-000-000 15.0- 10-172-142-000-000 6.3 10-175-142-000-000 10.3 10-180-142-000-000 6.0 10-370-142-000-000 11.3: 32-370-142-000-000 7.3. 16-175-142-000-000 14.6• 10-380-142-000-000 5.0 34-400-142-000-000 6.6 10450-142-000-000 11.9 21-175-142-000-000 6.61 10-185-142-000-000 6.6- 32-200-142-000-000 11.6, 10-625-142-000-000 4.3 Total : 286.3 66493 3/3/2011 006772 STANDARD INSURANCE COMPANY 160-513170000( MARCH EMPLOYEE/DEPENDENT DENTAL INS 10-022-61-00 1,188.6• Total : 1,188.6. 66494 3/3/2011 011092 METLIFE SBC KM05754034 00 MARCH EMPLOYEE/DEPENDENT DENTAL INS 10-022-61-00 185.7: 10-180-142-000-000 50.0 Total : 235.7 66495 3/3/2011 010737 WESTERN DENTAL SERVICES INC. 002484 7730 M/ MARCH EMPLOYEE/DEPENDENT DENTAL INS 10-022-61-00 73.6. Page: w ichlist Voucher List Page: 13/15/2011 4:10:55PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amour 66495 3/3/2011 010737 WESTERN DENTAL SERVICES INC. (Continued) Total : 73.6 66496 3l3/2011 006772 STANDARD INSURANCE COMPANY Mar 00607869 0 MARCH LIFE AND DISABILITY INSURANCE 10-370-142-000-000 10.3 10-380-142-000-000 5.2 10-440-142-000-000 48.6 10-450-142-000-000 5.5, 21-175-142-000-000 6.6 32-370-142-000-000 6.7 34-400-142-000-000 6.8 34-800-142-000-000 2.7 32-200-142-000-000 12.1 10-185-142-000-000 6.9 16-175-142-000-000 15.2, 10-625-142-000-000 3.9 10-022-66-00 1,177.8 10-120-142-000-000 10.4 10-125-142-000-000 10.4 10-140-142-000-000 15.6 10-172-142-000-000 6.5 10-175-142-000-000 10.4 10-180-142-000-000 6.2 Total : 1,368.6 66497 3/8/2011 011003 PETTY CASH 03012011 CITY HALL PETTY CASH Page: 4 ichlist Voucher List Page: )3/15/2011 4:10:55PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account_ Amour 66497 3/8/2011 011003 PETTY CASH (Continued) 23-200-12-00 28.7: 10-110-220-000-000 11.9' 10-120-210-000-000 14.9' 10-172-210-000-000 9.5' 10-172-271-000-000 22.6' 10-175-218-000-000 .52.8. 10-175-220-000-000 5.81 10-175-255-000-000 50.01 10-175-272-000-000 86.1 10-190-210-000-000 23.8 10-190-220-000-000 30.8! 10-190-226-000-000 15.01 10-195-246-000-000 49.9: 10-440-245-000-000 4.9' 10-804-220-000-000 16.9' 10-808-247-000-000 6.7 10-808-700-000-000 67.4 34-800-210-000-000 15.0, Total : 513.61 66498 3/9/2011 010764 SAFEGUARD DENTAL&VISION 3604028 MARCH EMPLOYEE/DEPENDENT VISION INS 10-022-61-00 119.6' 10-180-142-000-000 14.2' Total : 133.9. 66499 3/9/2011 005702 PUBLIC EMPLOYEES' RETIREMENT PRend 2-18-11 Contributions for PRend 2-18-11 10-022-62-00 16,928.0. Total : 16,928.0; 66500 3/10/2011 005702 PUBLIC EMPLOYEES' RETIREMENT 59-3155 ANN. EMPLOYER CONT-1959 SURVIVOR BENEFI' Page: cn vchlist Voucher List Page: 33115/2011 4:10:55PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amour 66500 3/10/2011 005702 PUBLIC EMPLOYEES' RETIREMENT (Continued) 10-120-140-000-000 217.4 10-125-140-000-000 109.6 10-140-140-000-000 157.3 10-172-140-000-000 62.6 10-175-140-000-000 84.5 10-180-140-000-000 36.1 10-185-140-000-000 53.8 10-370-140-000-000 153.6 10-380-140-000-000 39.9 10-440-140-000-000 520.1 10-450-140-000-000 49.4 10-625-140-000-000 45.4 16-175-140-000-000 102.9 21-175-140-000-000 53.3 32-200-140-000-000 141.6 32-370-140-000-000 97.4 34-400-140-000-000 98.1 34-800-140-000-000 35.2 Total : 2,059.2 66501 3/10/2011 010164 GREAT-WEST PRend 2-4-11 Contributions for PRend 2-4-11 10-022-63-00 4,723.6 Total : 4,723.6 66502 3/10/2011 010164 GREAT-WEST PRend 2-18-11 Contributions for PRend 2-18-11 10-022-63-00 4,754.8 10-022-64-00 2,022.9 Total : 6,777.8 66503 3/10/2011 001038 VERIZON WIRELESS-LA 0953200732 JAN-MAR WIRELESS SRV-PUBLIC WORKS 10-175-240-000-000 101.1 Total : 101.1 66504 3/10/2011 004589 MARTINEZ, TRACEY 03032011 Reimburse 2/24/11 Notary Test Expense 10-125-250-000-000 40.0 Total : 40.0 i Page: ichlist Voucher List Page: )3115/2011 4:10:55PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amour 66505 3/10/2011 006720 SO.CA.EDISON COMPANY Feb 2011 FEBRUARY ENERGY USAGE 10-440-238-000-000 537.7• 16-510-238-000-000 537.5: 10-175-238-000-000 72.6' 10-172-238-000-000 72.6 10-805-238-000-000 636.5- 10-190-238-000-000 2,205.5 10-450-238-000-000 675.2 . Total : 4,737.9, 66506 3/10/2011 011110 TIME WARNER CABLE 844840...7245 FEB/MAR CABLE& INTERNET-SR CNTR 10-805-238-000-000 121.3 Total : 121.3 66507 3/10/2011 010169 S.B. COUNTY 03092011 2011 CITY/COUNTY CONFERENCE 3/24/11 10-110-270-000-000 130.0 10-120-270-000-000 130.0 Total : 260.0 66508 3/14/2011 010812 LOWE'S COMMERCIAL SERVICES 912829 New Faucet-C.Care - 10-440-245-000-000 54.3 Total : 54.3 66509 3/14/2011 001213 AT&T Feb 909 254-01. Feb/Mar Phones& Internet Service 10-190-235-000-000 122.8 Total : 122.8 66510 3/14/2011 007920 WILLDAN 002-10960 B Jan. Geotechnical Services-Temp Repair 10-190-702-001-000 4,845.0 Total : 4,845.0 66511 3/14/2011 010218 CHEVRON &TEXACO CARD SERVICES 28990581 February Vehicle Fuel 34-800-272-000-000 44.6 10-175-272-000-000 91.8 Total : 136.4 66512 3/14/2011 006730 SO.CA.GAS COMPANY Feb 2011 Feb/Mar CNG Fuel/Nat. Gas Usage Page: V ichlist Voucher List Page: 13115/2011 4:10:55PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amour 66512 3/14/2011 006730 SO.CA.GAS COMPANY (Continued) 10-190-238-000-000 706.6 10-440-238-000-000 161.0 10-175-272-000-000 7.8 10-440-272-000-000 2.6 34-800-272-000-000 2.6 Total : 880.6 66513 3/14/2011 011138 SPARKLETTS 9637116 030111 February Bottled Water 10-190-238-000-000 33.0 10-450-238-000-000 6.0 10-440-238-000-000 49.0 Total : 88.1 66514 3/14/2011 003210 DEPT 32-2500233683 1590932 MAINT SUPPLIES 10-440-245-000-000 31.3 10-190-702-001-000 10.7 310575 Return-C. Care Faucet 10-440-245-000-000 -51.2 8122387 C.CARE MAINT SUPPLIES 10-440-245-000-000 60.3 Total : 51.3 66515 3/14/2011 010664 SHELL FLEET MANAGEMENT 8000209687103 February Vehicle Fuel 10-175-272-000-000 544.8 Total : 544.8 66516 3/15/2011 001213 AT&T March 2011 Mar/Apr Phones& Internet Service 10-190-235-000-000 308.8 10-440-235-000-000 296.2 Total : 605.0 66517 3/22/2011 001072 ADT SECURITY SERVICES 43458554 4TH QTR C. CARE MONITORING 10-440-247-000-000 375.0 Total : 375.0 66518 3/22/2011 011143 ALBERT A. WEBB ASSOCIATES 110105 JAN TRAFFIC ENGINEERING SERVICES 32-200-250-000-000 1,339.0 Page: 1 ichlist Voucher List Page: )3/15/2011 4:10:55PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amour 66518 3/22/2011 011143 ALBERT A. WEBB ASSOCIATES (Continued) 110206 JAN. CONSULTING TRAFFIC ENG. SERVICES 32-200-250-000-000 321.0, 110284 JAN. PROFESSIONAL SERVICES-TOWN SQR 32-200-250-000-000 9,121.9 110285 DEC/JAN CONSTRUCTION MGT/INSPECT SRVS 46-900-310-004-000 1,191.0. Total; 11,972.9- 66519 3/22/2011 010459 ANIMAL EMERGENCY CLINIC 362.854 Emergency Animal Services 10-187-256-000-000 70.0- - 366422 Emergency Animal Services 10-187-256-000-000 95.0, Total : 165.G 66520 3/22/2011 001383 BARR DOOR INC. 14499 Repair Doors-City Hall 10-195-245-000-000 1,085.0 Total : 1,085.0, 66521 3/22/2011 011170 BURRTEC WASTE INDUSTRIES, INC. 03012011 2/22/11 Tax Roll Delinq. Trash Fees 10-200-01 -18.5 10-200-09 -4.3. 10-200-02 -1.9. 10-200-14 -0.6• 23-302-90-00 123.5• Total : 98.1 66522 3/22/2011 001694 CA DEPARTMENT OF, SOCIAL SERVICE!360908486 Annual Licensing Fee-C. Care 10-440-228-000-000 2,640.0 Total : 2,640.0 66523 3/22/2011 011031 CINTAS CORPORATION#150 150315080 C. CARE PAPER GOODS & SUPPLIES _ 10-440-228-000-000 114.4 150324223 C. CARE PAPER GOODS & SUPPLIES 10-440-228-000-000 114.4 Total : 228.9 Page: rchlist Voucher List Page: 33/15/2011 4:10:55PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amour 66524 3/22/2011 001840 CITY OF-COLTON 121310CGTLAC Reim. Barton/La Cadena Traffic Siqnal 20-200-725-000-000 70,000.0 Total : 70,000.0 66525 3/22/2011 010403 CITY OF REDLANDS AR130654 January CNG Fuel 10-175-272-000-000 81.6 Total : 81.6 66526 3/22/2011 010866 CIVIC PLUS 87560 MARCH WEBSITE MAINT FEE 10-125-250-000-000 633.2 - Total : 633.2 66527 3/22/2011 011029 COBRA SIMPLE 103 FEB. COBRA ADMIN FEE 10-190-220-000-000 50.0 Total : _ 50.0 66528 3/22/2011 011166 CORNERSTONE RECORDS MANAGEMEI 0155780 FEBRUARY ARCHIVE TAPE STORAGE 10-140-250-000-000 55:0 10-380-250-000-000 55.0 Total : 110.0 66529 3/22/2011 001909 COVERBIND CORPORATION 4494 Covers for Specification Books 10-175-210-000-000 90.0 Total : 90.0 66530 3/22/2011 011171 D. J. D. GROUP INC. 508 SR. CTR COWL KITCHEN-DEMO & INSTALL 32-600-311-000-000 23,453.2 Total : 23,453.2 66531 3/22/2011 001930 DAILY JOURNAL CORPORATION B2039353 Public Hearing Notices 10-370-230-000-000 259.6 B2041935 FEBRUARY NOTICE OF HEARING 10-125-230-000-000 . 81.4 62051819 Feb Notice of Hearing 10-370-230-000-000 253.0 Total : 594.0 66532 3/22/2011 002301 FEDEX 7423-15565 February Document Delivery Page: rchlist Voucher List 'Page: )3/15/2011 4:10:55PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amour 66532 3/22/2011 002301 FEDEX (Continued) 10-370-210-000-000 58.7 . Total : 58.7 66533 3/22/2011 002710 FOX OCCUPATIONAL MEDICAL CT. 68679-30753 FEB. NEW EMP. PHYSICALS-DORAN & FUENTES 10-190-224-000-000 126.0 Total : 126.0 66534 3/22/2011 011106 FRACO ENTERPRISES INC 300.8 IN-HOUSE PLOTTING-BASEBALL FIELD 32-600-312-000-000 57.9 300.9 Redesiqn Path of Travel-SCE Review 32-600-312-002-000 666.0 500.01 BBALL FIELD CONSTRUCTION MGMT SRVS 32-600-312-003-000 11,997.0 500.02 JAN. BASEBALL FIELD CONSTR'N MGT 32-600-312-003-000 15,268.0 Total : 27,988.9 66535 3/22/2011 002740 FRUIT GROWERS SUPPLY 90717060 PEST ROUNDUP SUPPLIES 10-450-245-000-000 150.5 90721251 MAINT SUPPLIES 10-450-245-000-000 150.5 90721726 MAINT SUPPLIES 10-450-245-000-000 16.5 Total : 317.7 66536 3/22/2011 002901 G.T. AREA CHAMBER OF COMMERCE 6381-RDA MARCH CONSULTANT SERVICES 32-370-213-000-000 860.0 Total : 860.0 66537 3/22/2011 003152 HARPER & BURNS LLPN Feb 2011 February Leqal Services 32-200-251-000-000 4,014.3 10-160-250-000-000 3,751.8 Total : 7,766.2 66538 3/22/2011 011180 HAYES, GENE E. Feb 2011 February Health Ins Reimbursement 10-110-142-000-000 178.0 Page: ichlist Voucher List Page: 1i )3/15/2011 4:10:55PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amour 66538 3/22/2011 011180 HAYES, GENE E. (Continued) Total : 178.01 66539 3/22/2011 003170 HdL COREN & CONE 0016732-IN Jan-Mar 2011 Property Tax Contract 32-200-255-000-000 625.0, Total : 625.01 66540 3/22/2011 010632 HIGH TECH SECURITY SYSTEMS 95313 APRIL SEC CAMERA MAINT AGREEMENT 10-195-247-000-000 20.0' 10-4507246-000-000 60.0- Total : 80.0, 66541 3/22/2011 003213 HONEYWELL ACS SERVICE 3525877 4TH QTR HVAC MAINT AGREEMENT 10-195-257-000-000 5,630.5' Total : 5,630.5, 66542 3/22/2011 003216 HOUSTON & HARRIS PCS, INC. 11-16426 HYDRO-WASH-MAINTENANCE YARD 21-573-602-000-000 450.0 Total : 450.0 66543 3/22/2011 002727 J.R. FREEMAN COMPANY 458499-0 Toner Cartridges 10-120-210-000-000 293.5 Total : 293.5 66544 3/22/2011 003850 JANI-KING OF CA., INC. LAX03110949 MARCH C. CARE JANITORIAL SERVICES 10-440-244-000-000 975.0 Total : 975.0 66545 3/22/2011 010773 KELLAR SWEEPING INC. 5769 FEBRUARY STREET SWEEPING SERVICES 16-900-254-000-000 4,200.0 Total : 4,200.0 66546 3/22/2011 006780 MESA, BRENDA 03092011 REIMBURSE NOTARY EXAM FEES/TRAINING 10-125-250-000-000 426.8 Total : 426.8 66547 3/22/2011 010097 NEXTEL COMMUNICATIONS 410575025-102 Jan/Feb Wireless Service-Maint/C.Care 10-175-240-000-000 241.0 10-440-235-000-000 49.1 Page: 1 ichlist Voucher List Page: 1' )3/15/2011 4:10:55PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amoun 66547 3/22/2011 010097 NEXTEL COMMUNICATIONS (Continued) Total : 290.1: 66548 3/22/2011 005586 PETTY CASH 03142011 Replenish C. Care Petty Cash 10-440-220-000-000 10.0' 10-440-221-000-000 42.5' 10-440-223-000-000 90.0 10-440-228-000-000 93.8: 10-440-272-000-000 22.O1 Total : 258.6' 66549 3/22/2011 006285 RIVERSIDE HIGHLAND WATER CO 2291 Reimburse Sewer Audit Fees 21-140-250-000-000 7,957.91 Total : 7,957.91 66550 3/22/2011 011172 ROCK BOTTOM, INC. PW-06-10-2 BASEBALL FIELD PER GTB 10-06 32-600-312-000-000 55,514.8: Total : 55,514.8; 66551 3/22/2011 006341 ROSENOW SPEVACEK GROUP INC. 0026186 February Financial Admin 33-140-250-000-000 2,107.51 Total : 2,107.51 66552 3/22/2011 006506 S.B. COUNTY LAND USE SERVICES 10-806-01 Sept 2010-Apr 2011 Abatement Services 10-187-257-000-000 13,526.0- Total : 13,526.01 66553 3/22/2011 006528 S.B. COUNTY REGISTRAR OF VOTER 1923 November 2, 2010 Election Services 10-125-221-000-000 7,363.0 Total : 7,363.0, 66554 3/22/2011 006531 S.B. COUNTY SHERIFF 10516 2nd Qtr Click It or Ticket It Grant 10-410-701-008-000 1,016.4 Total : 1,016.4 66555 3/22/2011 006430 SAN BERNARDINO ASSOC.GOV'T GA DUES 11-09 FY 10-11 General Membership Dues 10-190-265-000-000 553.3 Total : 553.3 Page: 1 w ichlist Voucher List Page: 1; )3/1512011 4:10:55PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amour 66556 3/22/2011 006435 SAN BERNARDINO, CITY OF 5310 JANUARY ANIMAL CONTROL/HOUSING SRVS 10-187-256-000-000 8,682.01 5336 FEBRUARY ANIMAL CONTROL/HOUSING SRVS 10-187-256-000-000 8,682.0- Total : 17,364.01 66557 3/22/2011 006720 SO.CA.EDISON COMPANY Feb 2011 Feb Energy Usage 16-510-238-000-000 5,577.6 26-600-238-000-000 49.8 26-601-238-000-000 41.5 26-602-238-000-000 58.1 Total : 5,727.0 66558 3/22/2011 006898 SYSCO FOOD SERVICES OF L.A. 1030223216 C. CARE FOOD & SUPPLIES 10-440-220-000-000 493.3• 1030905697 C. CARE FOOD &SUPPLIES 10-4.40-220-000-000 595.4 Total : 1,088.7 66559 3/22/2011 007034 TRANSPORTATION ENGINEERING 1104 Jan. Traffic Eng Services 10-175-255-000-000 2,838.0 Total : 2,838.0 66560 3/22/2011 007220 UNDERGROUND SERVICE ALERT 220110288 February Dig Alert Tickets 16-900-220-000-000 37.5 Total : 37.5 66561 3/22/2011 007920 WILLDAN 002-10962 CDBG PROJ-DISABLED ACCESS BARR. REMOVA 22-425-301-000-000 5,662.5 Total : 5,662.5 66562 3/22/2011 007987 XEROX CORPORATION 053613569 FEBRUARY XEROX CC265H LEASE 10-190-700-000-000 294.3 053613570 FEBRUARY XEROX WORKCENTRE 5755 LEASE 10-190-700-000-000 308.1 Total : 602.4 66563 3/22/2011 011181- YOUNG, PENNI 03102011 PARK RESERVATION REFUND-ROLLINS 2/26/11 Page: 1 vchlist Voucher List Page: 1 03/15/2011 4:10:55PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amour 66563 3/22/2011 011181 YOUNG, PENNI (Continued) 10-450-01 70.0 Total : 70.0 73 Vouchers for bank code : bofa c Bank total : 390,061.3 73 Vouchers in this report Total vouchers : 390,061.3 Page: 1 ui City of Grand Terrace Warrant Register Index FD No. Fun_ Dept No. Deaartment Name General Account Numbers 10 GENERAL FUND 110 CITY COUNCIL 110 SALARIES/WAGES 11 STREET FUND 120 CITY MANAGER 139 EMPLOYEES'BENEFIT PLAN 12 STORM DRAIN FUND 125 CITY CLERK 140 RETIREMENT 13 PARK FUND 140 FINANCE 142 HEALTH/LIFE INSURANCE 14 AB 3229 COPS FUND 160 CITY ATTORNEY 143 WORKERS'COMPENSATION 15 AIR QUALITY IMPROVEMENT FUND 172 BUILDING&SAFETY 1381141 MEDICARE/SUI 16 GAS TAX FUND 175 PUBLIC WORKS 210 OFFICE EXPENSE 17 TRAFFIC SAFETY FUND/TDA FUND 180 COMMUNITY EVENTS 218-219 NON-CAPITAL FURN/SMALL TOOLS 19 FACILITIES DEVELOPMENT FUND 185 RENTAL INSPECTION PROGRAM 220 SPECIAL DEPARTMENTAL EXP 20 MEASURE I FUND 190 GENERAL GOVERNMENT(NON-DEPT) 230 ADVERTISING 21 WASTE WATER DISPOSAL FUND 195 FACILITIES MAINTENANCE 235 COMMUNICATIONS 22 COMMUNITY DEVELOPMENT BLOCK GRANT 370 COMMUNITY&ECONOMIC DEV 238-239 UTILITIES 26 LSCPG/LGHTG ASSESSMENT DIST. 380 MGT INFORMATION SYSTEMS 240-242 RENTS&LEASES 44 BIKE LANE CAPITAL FUND 410 LAW ENFORCEMENT 245-246 MAINT BLDG GRNDS EQUIPMNT 46 STREET IMPROVEMENT PROJECTS 430 RECREATION SERVICES 250-251 PROFESSIONAL SERVICES 47 BARTON-RD.BRIDGE PROJECT 440 CHILD CARE 255-256 CONTRACTUAL SERVICES 32 CRA-CAPITAL PROJECTS FUND 450 PARKS MAINTENANCE 260 INSURANCE&SURETY BONDS 33 CRA-DEBT SERVICE FUND 631 STORM DRAIN MAINTENANCE 265 MEMBERSHIPS&DUES 34 CRA-LOW&MOD HOUSING 801 PLANNING COMMISSION 268 TRAINING 802 CRIME PREVENTION UNIT 270 TRAVEL/CONFERENCES/MTGS 804 HISTORICAL&CULTURAL COMM. 272 FUEL&VEHICLE MAINTENANCE 805 SENIOR CITIZENS PROGRAM 570 WASTEWATER TREATMENT 807 PARKS&REC COMMITTEE 33-300 DEBT SERVICE 808 EMERGENCY OPERATIONS PROG. 7XX FACILITIES IMPRV(NO CIP) 700 COMPUTER-RELATED 701 VEHICLES&EQUIPMENT I certify that to the best of my knowledge, the afore-listed checks for payment of City and Community Redevelopment Agency liabilities have been audited by me and are necessary and appropriate for the operation of City and Agency. Bernie Simon, Finance Director V CITY OF GRAND TERRACE PENDING C"C01MILAPPROVAL CITY COUNCIL MINUTES REGULAR MEETING -MARCH 8,2011 I PRESENT: Walt Stanckiewitz, Mayor ' Lee Ann Garcia, Mayor Pro Tern Darcy McNaboe, Councilmember Bernardo Sandoval, Councilmember Gene Hays, Councilmember Betsy M. Adams, City Manager Brenda Mesa, City Clerk Bernard Simon, Finance Director Joyce Powers, Community&Economic Development Director Richard Shields, Building& Safety Director John Harper, City Attorney Sgt. Ed Finneran, San Bernardino County Sheriff's Department Rick McClintock, San Bernardino County Fire Department i ABSENT: None A regular meeting of the City Council of the City of Grand Terrace was called to order in the.Council Chambers, Grand Terrace Civic Center,22795 Barton Road, Grand Terrace, California, on March ' 8,2011 at 6:00 p.m. The City Council meeting was opened with Invocation by Kevin Woodbridge, �. Calvary, the Brook Church, followed by the Pledge of Allegiance led by Councilwoman Darcy McNaboe. ITEMS TO DELETE -None SPECIAL PRESENTATIONS -None CONSENT CALENDAR CC-2011-21 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER SANDOVAL,CARRIED 5-0,to approve the following Consent Calendar Items with the removal of Items 3A.: I 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of Minutes of 02/22/2011 3D. Transfer of City-Owned Property at 12569 Michigan Street to the Agency's Housing Fund ITEMS REMOVED FROM CONSENT CALENDAR 3A. Approve Check Register No. 03-08-2011 COUNCIL AGENDA ITEM NO.3C,., Council Minutes 03/08/2011 Page 2 Debra Hurst, 22950 Orangewood Court, thanked staff for the responses that she received regarding prior questions and appreciates the answers. The questions that she had regarding the check register that is on the Agenda were answered because of the report that was including on the non-routine items. She would like to have the citizens kept informed on how the reimbursement process will be done for the storm damage and how the determination of the City versus private property is coming along in regards to the debris flow from Blue Mountain and the possible cost allocation. She thanked Finance Director Simon for his efforts. CC-2011-22 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER SANDOVAL, CARRIED 5-0,to approve Check Register No. 03-08-2011. PUBLIC COMMENT R.A.Barney Barnett,474 Prospect Avenue,Highgrove,reported that RCTC will be holding a meeting where they will be discussing the Perris Valley line and the location of the Metrolink stops. It has been 91/2 years that this community and surrounding region has supported a Highgrove stop. The meeting will be held at 4080 Lemon Street in Riverside. He invited everyone to attend the Highgrove Library Grand Opening on March 19,2011 at 10:00 a.m. at the corner of Michigan and Center Street. He announced that Highgrove Day will be held on May 7, 2011. Doug Wilson, 12168 Observation Drive, stated that the boundaries on the fireworks map don't reflect the forestry map. He feels that the boundaries were drawn for convenience. They do dis-include a couple of important streets and would support a re-draw. He has already recommended a couple of corrections to staff. In order for the City to provide the necessary infrastructure for the citizen's of Grand Terrace, Council needs to reconsider the issue of eminent domain. The authority for eminent domain was originally instituted to service a specific purpose and it is still a good tool when it is used properly. If use of eminent domain could be classified as interfering with private negotiations to clear the way for private development on private property;for example,forcing someone to sell their home for development could be construed as abuse but the proper use of eminent domain would be to condemn properly and reimburse the property owner on a fair market value based on an appraisal for a road like the Michigan Street widening. This use has already been recognized for a need for the infrastructure improvement by the City Council. Please consider reinstating the authority subject to specific restraints, so there isn't abuse. It is an important tool and the public works department can not accomplish the Council objectives without it. City Attorney John Harper, stated that the City of Grand Terrace has the power of eminent domain for the purpose of a street widening , etc. they just haven't done it before. Council Minutes 03/08/2011 Page 3 COUNCIL REPORTS Councilmember Darcy McNaboe, attended the performance Willy Wonka that was put on by Terrace View Elementary School and enjoyed watching the students. She reported that unfortunately cars were broken into at the performance on Thursday evening , however Colton Police Department caught them the following evening when they once again attempted to break into vehicles. For those who would like to support .keeping redevelopment as something that exists in California they can go to myvotecountsca.org and sign a petition to urge to legislators to remember what the voice of the people was when they passed proposition 22. The end of an era comes to Grand Terrace in that the Sister's of St. Benedict, who have been in the region for 45 years have decided that it is time for them to leave our community. She feels that we have been very fortunate to have their presence here. They have been teachers, principles, ministered to the sick and provided a really nice labyrinth that is a spiritual meditative walk that they virtually left open to anyone anytime of the day. They have been a really nice calming,peaceful influence here in the community and she will be sorry to see them go. The Grand Terrace Republican Woman's Federation is hosting a speaker who will be talking about the constitution of the United States. They , will be meeting at City Hall on March 14, 2011 at 6:30 p.m. in the community room and is ' open to all who are interested in the discussion. Mavor Walt Stanckiewitz, echoed Councilmember McNaboe's discussion about myvotecountsca.org. This is the public's opportunity to speak and let the legislator know that redevelopment is important to Grand Terrace and they did vote last November to protect local funding. They need to be reminded and it takes less than a minute to go on the website and register. Mayor Pro Tern Lee Ann Garcia, gave praise to the Sheriffs Department and referred to an article that was in the San Bernardino Sun reporting that Sheriff's Deputies arrested a 17 year old tagger on Wednesday in Grand Terrace. She requested that Sgt.Finneran give a general outline of what happens to those who get caught doing graffiti. Sat.Finneran, San Bernardino County,responded that they could get probation and fines for restitution and court costs and if they are a minor their parents will be responsible. Mayor Pro Tern Garcia,reported that Sheriff's Deputies will be patrolling Grand Terrace and Loma Linda on Thursday in search of motorists driving under the influence. She li commended the Sheriff's Department on all of the work that they are doing. She expressed that the Sister's of St Benedict will be greatly missed. She would like to know more about the Serra House. She reported that the SCAG District 6 Representative is Councilmember Jon Harrison from Redlands. She reported that there are scholarships available through Southern California Edison and the information is available on their website. Council Minutes 03/08/2011 Page 4 Councilmember Bernardo Sandoval, commended the Colton Joint Unified School District School Board who recently made some changes with their Special Education and Personnel. He questioned if it is possible to add two members to the Planning Commission. City Attorney John Harper, responded that the statute provides for General Law Cities, however he will look into whether it is possible or not. . Councilmember McNaboe, stated that at one time there were seven members on the Commission. Cijy Attorney arper, stated that he will look into it and report back to the Council. Councilmember Sandoval, commended the Little League parents that went out and cleaned up the fields on Saturday in preparation for opening ceremonies. He reported that there was a RDA Audit that was done by the State and the headline is 40 million dollars have been stolen from education through the abuse of Redevelopment Agency. He stated that those cities were targeted by the State. They knew that they were going to find abuses in those particular cities and the method that was used to select those cities is in question. This was a targeted report on a targeted campaign to take RDA from cities and move it to the State. He questioned those who are opposed to the Redevelopment Agency asking if you say that you don't trust municipalities because of abuses do we really trust the County and the State to do a better job than the local municipalities. When you look at what is going on in San Bernardino County and the waste in Sacramento do you really trust them with those dollars. He feels that it is an important question that needs to be asked. He questioned if the website myvotecountsca.org can be placed on the City's website. City Manager Betsy M.Adams,responded that she will check with the League of California Cities to be sure that there aren't any legal issues. PUBLIC HEARINGS -None UNFINISHED BUSINESS -None NEW BUSINESS 8A. Resolution in Support of the Southern California Association of Governments' "Business Friendly Principles" CC-2011-23 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER MCNABOE,CARRIED 5-0,to adopt a Resolution in Support of"Business Friendly Principles" as Part of SCAG's Development of Southern California Economic Growth Strategy. Council Minutes 03/08/2011 Page 5 i CLOSED SESSION -None Mayor Stanckiewitz adjourned the meeting at 7:11 p.m.,until the next City Council Meeting which is scheduled to be held on Tuesday, March 22, 2011 at 6:00 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace i I CALIFORNIA AGENDA REPORT MEETING DATE: March 22, 2011 Council Item(X). CRA Item ( ) TITLE: Extension of the Library Lease PRESENTED BY: Joyce Powers, Community and Economic Development Director RECOMMENDATION: Approve the requested two-year extension of the Lease Agreement with San Bernardino County for the Public Library and authorize. its execution by the City Manger. BACKGROUND: The County of San Bernardino has operated the City's Public Library at the Civic Center since its opening in 1985, and the Lease Agreement has been continually renewed and extended. Thee current lease was approved in 2004 for a five-year period with three, two-year extension options. The monthly rent increases 3.5% each year, and is now $1,472.00. The current extension expires on May 31, 2011. DISCUSSION: The attached request to exercise the second two-year option, through May 31, 2013, has been received from the County. Page 2 of the Agreement Amendment lists the monthly rent as follows: June 1, 2011 through May 31, 2012: $1,505.00($.43 per square foot) June 1, 2012 through May 31, 2013: $1,515.00($.45 per square foot) The monthly rent includes utilities as a result of staff negotiations in 2004, and was based on average usage and a percentage of the costs for the Civic Center. The size of the library space is 3,500 square feet. Staff recommends Council approval of the requested extension. FISCAL IMPACT: The estimated annual rental revenue to the City in Fiscal Year 2011-12 is $18,130.00, and $18,955.00 in Fiscal Year 2012-13. COUNCIL AGENDA ITEM NO.,3 1 Page 2 Library Lease Agenda Report Respectfully submitted, J yce Powers Community and Economic Development Director Manager Approval: Betsy A. Adains City Manager ATTACHMENT: Lease Agreement FOR COUNTY USE ONLY New Vendor Code C c Dept.nA Contract Number gar"�"" Change �7 Cancel 04-427 A-2 County Department Dept. Orgn. Contractor's License No. Real Estate Services Department County Department Contract Representative Telephone Total Contract Amount' County of San Bernardino David H.Slaughter, Director (909)387-7813 $ F A S Contract Type 1771 Revenue X Encumbered 11 Unencumbered Other: STANDARD CONTRACT If not encumbered or revenue contract type,provide reason: SECOND AMENDMENT Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount $ $ Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount AAA RNT RNT 200 2905 60001937 $ Fund Dept Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount $ Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount $ Project Name Estimated Payment Total by Fiscal Year Grand Terrace-Library FY Amount I/D FY Amount I/D 22795 Barton Road Contract type-2(d) THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Name City of Grand Terrace hereinafter called LANDLORD Address 22795 Barton Road Grand Terrace, CA 92313-5295 Telephone Federal ID No.or Social Security No. (909)430-2230 i IT IS HEREBY AGREED AS FOLLOWS: WHEREAS, the COUNTY and LANDLORD have previously entered into a Lease Agreement, Contract No. 04-427, wherein LANDLORD agreed to lease certain real property to the COUNTY; and, WHEREAS, COUNTY and LANDLORD now desire to amend the Lease Agreement, Contract No. 04-427, to reflect the COUNTY'S exercise of its second of three (3) two-year options extending the term through May 31, 2013. NOW, THEREFORE, in consideration of the mutual covenants and conditions, the parties hereto agree the Lease Agreement, Contract No. 04-427, is amended as follows: 1. EXTEND the term of the Lease as provided in Paragraph 3, TERM, from June 1, 2011 through May 31, 2013. Auditor/Controller-Recorder Use Only ❑Contract Database ❑FAS __J Input Date Keyed By 3 2. Effective June 1, 2011, DELETE, the existing Paragraph 4, RENT, and SUBSTITUTE therefore the following as a new Paragraph 4, RENT: 4. RENT: a. COUNTY shall pay to LANDLORD the following monthly rental payments in arrears on the last day of each month, commencing when the term commences, continuing during the term: June 1, 2011 thru May 31, 2012—monthly payments of$1,505.00 ($0.43/sq.ft.) June 1, 2012 thru May 31, 2013—monthly payments of$1,575.00 ($0.45/sq.ft.) b. Rent for any partial month shall be prorated based on the actual number of days of month. All rent shall be paid to LANDLORD at the address to which notices to LANDLORD are given. 3. The parties acknowledge and agree that the following does not apply to the Lease as neither COUNTY nor LANDLORD are direct recipients of the funds described below in connection with the Premises. Notwithstanding the inapplicability of the following, due to COUNTY requirements, add the following as a new Paragraph 50, USE OF AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 FUNDS AND REQUIREMENTS to Lease Agreement, Contract No. 04-427, which shall read: 50. USE OF AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 FUNDS AND REQUIREMENTS: This Contract may be funded in whole or in part with funds provided by the American Recovery and Reinvestment Act of 2009 ("ARRA"), signed into law on February 17, 2009. Section 1605 of ARRA prohibits the use of recovery funds for a project for the construction, alteration, maintenance or repair of a public building or public work(both as defined in 2 CFR 176.140) unless all of the iron, steel and manufactured goods (as defined in 2 CFR 176.140) used in the project are produced in the United States. A waiver is available under three limited circumstances: (i) Iron, steel or relevant manufactured goods are not produced in the United States, ' sufficient and reasonable quantities and of a satisfactory quality; (ii) Inclusion of iron, steel or manufactured go(' produced in the United States will increase the cost of the overall project by more than 25 percent; or(iii) Applying the domestic preference would be inconsistent with the public interest. This is referred to as the "Buy American" requirement. Request for a waiver must be made to the COUNTY for an appropriate determination. Section 1606 of ARRA requires that laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to ARRA shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. 31). This is referred to as the"wage rate" requirement. ' The above described provisions constitute notice under ARRA of the Buy American and wage rate requirements. LANDLORD must contact the COUNTY contact if it has any 'questions regarding the applicability or implementation of the ARRA Buy American and wage rate requirements. LANDLORD will also be required to provide detailed information regarding compliance with the Buy American requirements, expenditure of funds and wages paid to employees so that the COUNTY may fulfill any reporting requirements it has under ARRA. The information may be required as frequently as monthly or quarterly. LANDLORD agrees to fully cooperate in providing information or documents as requested by the COUNTY pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Contract. Whistleblower Protection: Contractor agrees that both it and its subcontractors shall comply with Section 1553 of the ARRA, which prohibits all non-Federal contractors, including the State, and all contractors of the State, from discharging, demoting or otherwise discriminating against an employee for disclosures by the employee that the employee reasonably believes are evidence of: (1)gross mismanagement of a contract relating to ARRA funds; (2) a gross waste of ARRA funds; (3)a substantial and specific danger to public health or safety related to the I implementation or use of ARRA funds; or(5) a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract)awarded or issued relating to ARRA funds. Contractor agrees that it and its subcontractors shall post notice of the rights and remedies available to employees under Section 1553 of Division A, Title XV of the ARRA. LANDLORD may also be required to register in the Central Contractor Registration (CCR) database at htto://www.ccr.Qov and may be required to have its subcontractors also register in the same database. LANDLORD must contact the COUNTY with any questions regarding registration requirements. 4. The parties acknowledge and agree that the following does not apply to the Lease as neither COUNTY nor LANDLORD are direct recipients of the funds described below in connection with the Premises. `twithstanding the inapplicability of the following, due to COUNTY requirements, add the following as a new —,ragraph 51, SCHEDULE OF EXPENDITURE OF FEDERAL AWARDS to Lease Agreement, Contract No. 04- 427, which shall read: 51. SCHEDULE OF EXPENDITURE OF FEDERAL AWARDS: In addition to the requirements described in "Use of ARRA Funds and Requirements," proper accounting and reporting of ARRA expenditures in single audits is required. LANDLORD agrees-to separately identify the expenditures for each grant award funded under ARRA on the Schedule of Expenditures of Federal Awards (SEFA)and the Data Collection Form (SF-SAC) required by the Office of Management and Budget Circular A-133, "Audits of States, Local Governments, and Nonprofit Organizations." This identification on the SEFA and SF-SAC shall include the Federal award number, the Catalog of Federal Domestic Assistance (CFDA) number, and amount such that separate accountability and disclosure is provided for ARRA funds by Federal award number consistent with the recipient reports required by ARRA Section 1512©. In addition, LANDLORD agrees to separately identify to each subcontractor and document at the time of sub-contract and at the time of disbursement of funds, the Federal award number, any special CFDA number assigned for ARRA purposes, and amount of ARRA funds. LANDLORD may be required to provide ,!-.tailed information regarding expenditures so that the COUNTY may fulfill any reporting requirements under RRA described in this section. The information may be required as frequently as monthly or quarterly. LANDLORD agrees to fully cooperate in providing information or documents as requested by the COUNTY pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Contract. REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK I i i I 5 5. All other provisions and terms of the Lease Agreement, Contract No. 04-427, as previously amended, shall remain the same and are hereby incorporated by reference. END OF SECOND AMENDMENT. COUNTY OF SAN BERNARDINO CITY OF GRAND TERRACE ► By ► Josie Gonzales, Chair, Board of Supervisors (Authorized signature-sign in blue ink) Dated: Name: Betsy M. Adams SIGNED AND CERTIFIED THAT A COPY OF THIS. DOCUMENT HAS BEEN DELIVERED TO THE Title: City Manager CHAIRMAN OF THE BOARD Laura H.Welch Dated: Clerk of the Board of Supervisors of the County of San Bernardino By Address: 22795 Barton Road Deputy Grand Terrace, CA 92313-5295 Appr ed to L I Fo Reviewed by Contract Compliance Presented to BOS for Signature ► /ii ► ► Aflaff L.Gree ,Depu Cou Counsel Department Head Date 7 // Date Date I k ' -7� CALI'FORNIA AGENDA REPORT i MEETING DATE: March 22, 2011 Council Item(X) CRA Item ( ) TITLE: Resignation of Emergency Operations Committee Member— ' Debra Hurst PRESENTED BY: Brenda Mesa, City Clerk RECOMMENDATION: Accept the resignation of Debra Hurst from the Emergency Operations Committee and direct the City Clerk to Post the vacancy to fill the unexpired term. BACKGROUND: Emergency Operations Committee is an advisory group that was established by the City Council. The Committee is made up of seven voting members and four alternate positions. DISCUSSION: Emergency Operations Committee Member Debra Hurst has submitted a letter of resignation effective immediately. This resignation creates an unscheduled vacancy, with the term of the position to expire on June 30, 2012. FISCAL IMPACT: I None Respectfully submitted: Brenda Mesa, City Clerk Manager Approval: Betsy . Adams, City Manager ATTACHMENTS: Resignation Letter COUNCIL AGENDA ITEM NO3 t 1 March 8,2011 Emergency Operations Center C/O City of Grand Terrace 22795 Barton Road Grand Terrace,CA 92313 Dear Chairperson of the Emergency Operations Center: This letter is to inform you of my resignation from the EOC Committee. I feel that I am no longer able to participate in this committee. I wish you and the members of the committee much success in the future. Since ely, 7 Debra Hurst i WW -- i CALI'FORNIA AGENDA REPORT MEETING DATE: March 22, 2011 Council Item(X) CRA Item ( ) TITLE: Resignation of Crime Prevention Committee Member—Debra Hurst PRESENTED BY: Brenda Mesa, City Clerk RECOMMENDATION: Accept the resignation of Debra Hurst from the Crime Prevention Committee and direct the City Clerk to Post the vacancy to fill the unexpired term. BACKGROUND: Crime Prevention Committee is an advisory group that was established by the City Council. The, Committee is made up of seven voting members and two alternate positions. DISCUSSION: Crime Prevention Committee Member Debra Hurst has submitted a letter of resignation effective immediately. This resignation creates an unscheduled vacancy, with the term of the position to expire on June 30,2012. FISCAL IMPACT: None Respectfully submitted: Brenda Mesa, City Clerk Manager Approval:. Betsy WAdam , City Manager i ATTACHMENTS: Resignation Letter COUNCIL AGENDA ITEM NO.3 F March 8,2011 Crime Prevention Committee C/O City of Grand Terrace 22795 Barton Road - Grand Terrace, CA 92313 1 Dear Chairperson of the Crime Prevention Committee: This letter is to inform you of my resignation from the Crime Prevention Committee. I feel that I am no longer able to participate in this committee. I wish you and the members of the committee much success in the future. Sincerely, Debra Hurst a RECEIVED MAR 0 8 2011 Historical& Cultural Activities Committee Minutes for February 7, 2011 CRY OF GRAND TERRACE CRY CLERK'S DEPARTMENT The meeting was called to order at 7:10 p.m. by Chair Pauline Grant. Those present were Pauline Grant, Frances Carter, Gloria Ybarra, City Clerk Brenda Mesa, Masako Gifford, Peggy Reagan, Shelly Rosenkild, and Ann Petta. Secretary's Report: The minutes for January 3, 2011 were read and approved on a motion by Frances, seconded by Ann. All in favor. Motion carried. Treasurer's Report: The budget shows a balance of$ 97.13. The Petty Cash balance is $273.29. Shelly was reimbursed for the Anniversary Potluck Dinner decorations she purchased which totaled$ 102.68. Gloria's receipt for stamps purchased totaling$ 8.80 will be reimbursed at a later date. Reimbursement to the City for the Anniversary Potluck Dinner liability insurance in the amount of$434.06 was paid for from the committee's 220 Special Departmental Account. Masako reported on the committee's list of supplies and handed each member a copy of the current inventory list of supplies, dated February 29, 2011. Historical Report: Pauline and Frances contributed various newspaper clippings for the historical collection. New Business: 27t'annual Art Show, Sunday,May 1, 2011 Shelly will tend to the advertising of the Show which includes newspaper advertisements, billboard, and posters. She will have the application sample ready for the next committee meeting. The electronic reader board will also be utilized for advertising of the Show. Brenda will update the information on the cable advertisement for public viewing on cable. I The meeting was adjourned at 7:45 p.m. The next committee meeting is scheduled for March 7, 2011. i Respectfully Submi ed, Gloria Ybarra ; Secretary COUNCIL AGENDA ITEM NO.jC3 i I i CALIFORNIA AGENDA REPORT I MEETING DATE: March 22, 2011 Council Item(X ) CRA Item ( ) TITLE: Agreements between the City and the County for Implementation of the Community Development Block Grant Program PRESENTED BY: Joyce Powers, Community and Economic Development Director RECOMMENDATION: Approve the Cooperation Agreement and the Delegate Agency ' Agreement between the City and the County for .Fiscal Years 2012-13,'2013-14, and 2014-15. BACKGROUND i Because the City's population is below 50,000, it does not qualify as an entitlement city for direct receipt of Federal Community Development Block Grant funds. The City participates in the CDBG Program and receives annual funding through the County of San Bernardino. The County assumes responsibility for program administration and requires the City to recommend funding priorities each year. The Council approved the City's CDBG funding priorities for FY 2011-12 on February 22, 2011. There are two City-County agreements through which the program is implemented, the Cooperation Agreement and the Delegate Agency Agreement. The current Agreements expire on June 30, 2012. Because the new succeeding Agreements are due to HUD in July,2011, the County has started processing the new Agreements for the three years beginning on July 1, 2012. DISCUSSION: Cooperation Agreement: This Agreement is required by HUD to include the City of Grand Terrace as a participant in the County's CDBG Program. It allows the City's population statistics to be used by HUD to re-qualify the County as an Urban County and for use to calculate the County's total grant amount. The attached Agreement will remain effective for the three-year period, expiring on June 30, 2015. The City then cannot apply directly to HUD for CDBG funds. Delegate Agency Agreement: Through this Agreement, the City agrees that it will not implement any CDBG projects without the County's authorization, and the County maintains responsibility for compliance with Federal regulations for use of CDBG funds. Required auditing of the City's CDBG files is completed annually by County staff and as determined by ' HUD. The City also agrees to comply with the County's policies and procedures. County COUNCIL AGENDA ITEM NO. j 1 procedures require designation of a "Community Development Administrator" and a "Fiscal Contact Person' which are shown on page 3 of the Delegate Agency Agreement. Staff recommends approval of both attached agreements. The County staff members have requested the return of signed agreements by April 29, 2011 to schedule for review and approval by the Board of Supervisors. FISCAL IMPACT: There would be no fiscal impact associated with this action other than staff time. Respectfully submitted, J ce!/ owers Community and Economic Development Director Manager Approval: � O Bets . Adains, City Manager ATTACHMENTS: 1. Cooperation Agreement (without attached program forms) 2. Delegate Agency Agreement Attachment No. 1 Cooperation Agreement I J 3 COOPERATION AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEARS 2012-2013, 2013-2014, 2014-2015 This Agreement is made and entered into this 7th day of June, 2011, by and between the County of San Bernardino, of the State of California, hereinafter referred to as "COUNTY", and the, City of Grand Terrace, a City within COUNTY, hereinafter referred to as "CITY". WHEREAS, the Housing and Community Development Act of 1974, as amended (Public Law 93- 383), hereinafter called "ACT", provides that Community. Development Block Grant, hereinafter referred to as "CDBG", funds may be used for the support of activities that provide decent housing and suitable living environments and expanded economic opportunities principally for persons of low- and moderate income; and, WHEREAS, CDBG regulations require counties to re-qualify as an Urban County under the CDBG program every three (3)years; and, WHEREAS, U.S. Department of Housing and Urban Development, hereinafter called HUD, notice CPD-07-03, provides instruction for Urban County Qualification for participation in the CDBG program for fiscal years 2012-2013, 2013-2014, 2014-2015, and specific agreement term and standards; and, WHEREAS, the execution of this Agreement is necessary to include CITY as a participating unit of general government under COUNTY's Urban County CDBG program (CFDA No. 14.218) NOW THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties agree as follows: 1. GENERAL This Agreement gives COUNTY authority to undertake or assist in undertaking activities for Fiscal Years 2012-2013, 2013-2014 and 2014-2015, which will be funded from the CDBG program, the HOME Investment Partnership Program, and from any program income generated from the expenditure of such funds. COUNTY and CITY agree to cooperate to undertake, or assist in undertaking community renewal and lower income housing assistance activities. By executing this Agreement, CITY understands that it may not apply for grants under the Small Cities or State CDBG Programs from appropriations for fiscal years during the term of this Agreement, and CITY may not participate in a HOME consortium other than COUNTY HOME program regardless of whether COUNTY receives a HOME formula allocation. 2. TERM The term of this Agreement shall be for no less than the COUNTY CDBG Urban County qualification period for fiscal year 2012-2013, commencing on July 1, 2012, and extending through fiscal year 2014-2015, which ends on June 30, 2015, unless an earlier date of termination is fixed by HUD, pursuant to ACT. This Agreement shall remain in effect until all CDBG (and HOME, where applicable)funds covered under the terms of this Agreement, and any income generated from the expenditure of such funds, are expended, and the funded activities are completed. This Agreement may not be terminated or withdrawn by the parties herein covenanted for any circumstance or reason during the term of this Agreement. 3. PREPARATION OF APPLICATION i COUNTY, by and through its Economic Development Agency (EDA), subject to approval of COUNTY Board of Supervisors, shall be. responsible for preparing and submitting to HUD all necessary applications for the CDBG entitlement grant under ACT. This duty shall include the preparation and processing of COUNTY Housing, Community and Economic Development Needs Identification Report, Citizen Participation Plans, the County Consolidated Plan, and 'other CDBG related programs which satisfy the application requirements of ACT and its regulations. 4. COMPLIANCE WITH FINAL PROGRAMS AND PLANS COUNTY and CITY shall comply in all respects with,final Community Development plans and programs and the Consolidated Plan which"are developed through mutual cooperation pursuant to the application requirements of ACT and its regulations and approved by HUD. 5. COMPLIANCE WITH ACT AND REGULATIONS COUNTY and CITY shall comply with all_applicable requirements of ACT and its regulations, in utilizing basic grant funds under ACT, and shall take all actions necessary to assure compliance with COUNTY certifications required by Section 104(b) of Title I of ACT. COUNTY and CITY will comply with the provisions of the National Environmental Policy Act of 1969, Title VI of the Civil Rights Act of 1964, Title Vlll of the Civil Rights Act of 1968, Executive Order 11988, Section 109 of Title I of ACT, the Fair Housing Act, and other applicable federal laws. CITY agrees that CDBG funding for activities in or in support of CITY are,prohibited if CITY does not affirmatively further fair housing within its own jurisdiction or impedes COUNTY actions to comply with its fair housing certification. 6. CONFLICT OF INTEREST CITY shall comply with all applicable federal and state laws, regulations and policies governing conflict of interest, including State conflict of interest regulations found in California Government Code Sections 1090, 1126, 87100 et seq., Federal conflict of interest regulations found in 24 CFR 570.611, 85.36, and 84.42, and any other applicable policies, rules and regulations related to conflict of interest. Any person who is an employee, agent, consultant, officer, elected or appointed official of the CITY, who exercises any functions or 'responsibilities with respect to CDBG-funded activities identified in this Contract and who is in a position to participate in a decision making process or gain inside information with regard to activities identified in this Contract, may not obtain a financial interest or benefit from the CDBG-assisted activities identified in this contract or any related contract, subcontract, or agreement, either for'themselves, an immediate family member or business partner, during his/her tenure. CITY shall maintain written standards of conduct governing the performance of their employees engaged in the award and administration of contracts. 7. POLICIES CITY has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent,civil rights demonstrations; and a policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within jurisdictions. I 5 8. INDEMNIFICATION CITY agrees to indemnify, defend and hold harmless COUNTY and its respective authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions and for any costs or. expenses incurred by COUNTY on account of any claim therefore, except where such indemnification is prohibited by law. CITY shall indemnify and hold harmless COUNTY and its respective authorized officers, employees, agents and volunteers from any liability, claims, losses, demands, and actions incurred by COUNTY as a result of the determination by HUD or its successor that activities undertaken by CITY under the program(s) fail to comply with any laws, regulations or policies applicable thereto or that any funds billed by and disbursed to CITY under this Agreement were improperly expended. COUNTY shall, at its own cost and expense, defend, indemnify,. and hold CITY, its officers, agents, volunteers, and employees, harmless from and against, any loss, liability, claim, or damage that may arise from negligent act or omission by COUNTY, its officers, agents, and employees. 9. INSURANCE REQUIREMENTS Without in any way affecting the indemnity herein provided and in addition thereto, CONTRACTOR shall secure and maintain throughout the Contract the following types of insurance with limits as shown: Workers' Compensation - A program of Workers' Compensation insurance or a state- approved Self-Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employers' Liability with $250,000 limits covering all persons, including volunteers providing services on% behalf of CONTRACTOR, and all risks to such persons under this Contract. If CONTRACTOR has no employees, it may certify or warrant to COUNTY that it does not currently have any employees or individuals who are defined as "employees" under the Labor Code, and may request a waiver by the COUNTY's Risk Management Division for the requirement for Workers' Compensation Insurance. Waiver approval is at the sole discretion of the COUNTY's Director of Risk Management on a case-by-case basis. With respect to contractors that are non-profit corporations organized under California or federal law, volunteers for such entities are required to be covered by Workers' Compensation Insurance. Commercial/General Liability Insurance - CONTRACTOR shall cant' General Liability Insurance covering all operations performed by or on behalf of CONTRACTOR providing coverage for bodily injury and property damage with a combined single limit of not less than $1,000,000, per occurrence. The policy coverage shall include: premises operations and mobile equipment; products and completed operations; broad form property damage (including completed operations); explosion, collapse and underground hazards; personal injury; contractual liability; $2,000,000 general aggregate limit. Automobile Liability Insurance - Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than $1,000,000 for bodily injury and property damage, per occurrence. i If CONTRACTOR is transporting one or more non-employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of $2,000,000 for bodily injury and property damage per occurrence. If owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable. Umbrella Liability Insurance - An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirement. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a "dropdown" provision providing primary coverage for any liability!, not covered by the primary policy. The coverage shall also apply to automobile liability. Additional Insured -All policies, except for Workers' Compensation, Errors and Omissions and Professional Liability policies, shall contain additional endorsements naming COUNTY and its officers, employees, agents, and volunteers as additional insureds with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the COUNTY to vicarious liability but shall allow coverage for the COUNTY to the full extent provided by the policy. Such additional insured coverage shall be at least as broad'as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85 (form provided by the COUNTY's Risk Management, if requested). Waiver of Subrogation Rights, - CONTRACTOR shall require the carriers of the above required coverages to waive all rights of subrogation against COUNTY, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit CONTRACTOR !and CONTRACTOR's employees or agents from waiving the right of subrogation prior to a loss or claim. CONTRACTOR hereby waives all rights of subrogation against' the COUNTY. Policies Primary and Non-Contributory- All policies required above are to be primary land non-contributory with any insurance or self-insurance programs carried or administered by COUNTY. Severability of Interests - CONTRACTOR agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between CONTRACTOR sand the COUNTY or between the COUNTY and any other insured or additional insured under the policy. Acceptability of Insurance Carrier - Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum "CONTRACTOR" Insurance Guide rating of"A-VII". - Deductibles and Self-Insured Retention - Any and all deductibles or self-insured retentions in excess of$10,000 shall be declared to.and approved by Risk Management. Failure to Procure Coverage - In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, COUNTY has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by COUNTY will be promptly reimbursed by CONTRACTOR or COUNTY payments to CONTRACTOR will be reduced to pay for COUNTY-purchased insurance. i 7 10. PROOF OF COVERAGE CITY shall immediately furnish certificates of insurance to the Economic Development Agency, hereinafter referred to as "EDA", evidencing the insurance coverage, including endorsements above required, prior to the commencement of performance of services hereunder, which shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to EDA, and CITY shall maintain such insurance from the time CITY commences performance of services hereunder until the completion of-such services. Within sixty (60) days of the commencement of this:Contract, CITY shall furnish certified copies of the policies and all endorsements. CITY shall complete and submit Contract Exhibit 1 of 3, INSURANCE INVENTORY, along with the above-required insurance documents. 11. INSURANCE REVIEW The above insurance, requirements are subject to periodic review by COUNTY. The County'. Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of COUNTY. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to change the above insurance requirements, to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against COUNTY, inflation, or any other item reasonably related to the COUNTY's risk. Any such reduction or waiver for the entire term of the Contract and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Contract. CITY agrees to execute any such amendment within thirty(30) days of receipt. 12. DISPOSITION OF FUNDS Unless prohibited by Federal Regulations, COUNTY and CITY agree that, to the extent possible, CDBG funds will be allocated by COUNTY to CITY according to its proportional demographics, for activities and/or projects prioritized by CITY to alleviate its identified community development needs eligible under ACT (See Exhibit 2 for example of funding allocations). COUNTY, by its Board of Supervisors, shall be responsible for determining the final disposition and distribution of all funds received by COUNTY under ACT, and for selecting the projects for which such funds shall be used. Both parties agree that COUNTY has the authorization to redistribute such funds when said projects are not implemented in a timely manner as defined by HUD. 13. DISPOSITION OF PROGRAM INCOME CITY shall inform COUNTY regarding any income generated by the expenditure of CDBG funds received by CITY. All said income shall promptly be paid to COUNTY or retained by CITY subject to authorization by COUNTY for CITY use of said income for eligible activities in accordance with all CDBG requirements as may then apply. COUNTY shall be responsible for monitoring and reporting to HUD on the use of any such program income thereby requiring appropriate record keeping and reporting by CITY as may be needed for this purpose. In the event of CDBG close-out or change in status of CITY under the CDBG program, any program income that is on hand or received subsequent to the close-out or change in status shall be paid to COUNTY. Any income generated from the disposition or transfer of real property prior to any such close out or change of status shall be treated the same as program income. Any income generated from the disposition or transfer of real property subsequent to any such close-out or change of status shall promptly be paid to COUNTY. i 14. DISPOSITION OF REAL PROPERTY i i The provision of this section set forth the standards which shall apply to real property acquired or improved in whole or in part using CDBG funds that are within the control of CITY. Prior to any modification or change in the use of said real property from the use or ownership planned at the time of its acquisition or improvements, CITY shall notify COUNTY and obtain authorization for said modification or change. CITY shall reimburse COUNTY with non-CDBG funds in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non-CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use, which does not qualify under CDBG regulations. 15. EFFECTIVE DATES This Agreement shall be effective for all purposes for the period beginning July 1, 2012, and ending June 30, 2015. This Agreement and like agreements will be executed by COUNTY and CITY, properly submitted to HUD, the grantor, by the designated deadline, and approved by HUD. i 16. OTHER AGREEMENTS Pursuant to federal regulations at 24 CFR 570.501(b), CITY is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement set forth in federal regulations at 24 CFR 570.503. COUNTY and CITY are also entering into a Delegate Agency Agreement that contains these minimum requirements. Prior to disbursing any CDBG funds to CITY, COUNTY, shall execute said written agreement with CITY. Said agreement shall remain in effect during any period that CITY has control over CDBG funds, including program income. (continued on next.page) I ICI 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year written above. COUNTY OF SAN BERNARDINO CITY OF GRAND TERRACE By: By: JOSIE GONZALES, Chair Board of Supervisors Title: City Mayor APPROVED AS TO LEGAL FORM Dated: ATTEST By: STEVEN J. SINGLEY By: Deputy County Counsel Title: City Clerk SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO Dated: THE CHAIR OF THE BOARD APPROVED AS TO LEGAL FORM LAURA H. WELCH Clerk of the Board of Supervisors of the County of San Bernardino By: BY: JOHN R. HARPER, City Attorney Dated: 1 COMMUNITY DEVELOPMENT BLOCK GRANT CITY-COUNTY DELEGATE-AGENCY AGREEMENT For Fiscal Years 2012-13, 2013-14, 2014-15 This Agreement is made and entered into, by and between the County of San Bernardino hereinafter referred to as "COUNTY", and the City of Grand Terrace, a municipal corporation and a political subdivision of the State of California located within the boundaries of San Bernardino County, hereinafter referred to as "CITY". WITNESSETH WHEREAS, COUNTY has been designated an "Urban County" by the United States Department of Housing and Urban Development, hereinafter referred to as "HUD", as that term is defined in Title I of Housing and Community Development Act of 1974 as amended, hereinafter referred to as "ACT", al,u" accordingly, COUNTY will administer a Community Development Block Grant (CDBG) program (CFDA No. 14.218) that includes the development of a Consolidated Submission of the HUD Housing and Community Development Grant programs, hereinafter referred to as "CONSOLIDATED PLAN", which constitutes COUNTY's application for federal assistance under said ACT; and, WHEREAS, CITY and COUNTY have entered into a "Cooperation Agreement for Community Development Block Grant Funds", as part of COUNTY's CDBG program, covering Fiscal Years 2012-13, 2013-14, and 2014-15, to which this is a subordinate and supplementary agreement per Section 16 (Other Agreements) of said Cooperation Agreement executed by these parties, dated June 7, 2011; and, WHEREAS, COUNTY administers a CDBG program in cooperation with 12 cities, and in .the unincorporated areas of San Bernardino'County, through Economic Development Agency, hereinafter referred to as "EDA"; and, WHEREAS, CITY has the ability to manage and administer CDBG projects; and, WHEREAS, CITY chooses to assume the responsibility of project implementation within its corporate limits in cooperation with COUNTY; and, WHEREAS, both COUNTY and CITY seek to coordinate their efforts to maximize utilization of personnel and resources and increase efficiency and economies of scale-in the planning and administration of the program hereinafter set forth.. NOW, THEREFORE, it is understood and agreed by and between the parties hereto as follows: 1. PURPOSE This Agreement is made pursuant to the provisions of Article 1, Chapter 5, Division 7, Title I of the Government Code of the State of California (commencing with Section 6500), relating to public agencies. - The purpose of this Agreement is to implement the provisions of the Cooperation Agreement in carrying out CDBG activities that have been approved by COUNTY for CITY in accordance with CONSOLIDATED PLAN. The purpose will be accomplished pursuant to the requirements of the ACT, its regulations and other federal, state and county laws and policies in the manner hereinafter set forth. Unless specified otherwise, EDA shall have the authority to represent COUNTY regarding the terms and conditions of this Contract and the administration thereof. 1� I 2. TERM This Agreement shall become effective starting Fiscal Year 2012-2013 that begins July 1, 2012 and shall continue in full force and effect through Fiscal Year 2014-2015. that ends on June 30, 2015. COUNTY"may grant an extension of up to six months of the effective period of this Agreement for the purpose of completing CITY's projects/activities that are underway and cannot be completed during the term of this Agreement. CITY must request any such extension in writing. Any extension will only be effective if granted in writing by COUNTY. Maintenance and operation and monitoring requirements for facilities developed under the terms of the Agreement shall be in effect and continue in full force as prescribed in Section 9. i 3. AUTHORIZATION OF PROJECT/ACTIVITY CITY shall not initiate nor incur expenses for any CDBG funded project-or activity covered under the terms of this Agreement prior to receiving written authorization from COUNTY. Written authorization will be accomplished when Attachments A (Request to Initiate Project or Activity) and B (Project or Activity Description) of this Agreement have been completed for a CDBG funded project or activity and signed by CITY and ,countersigned by EDA. Any such authorized Project or Activity shall hereinafter be referred to as an "AUTHORIZED PROJECT". 4. IMPLEMENTATION OF AUTHORIZED PROJECT CITY agrees to implement AUTHORIZED PROJECTS in the manner prescribed in the Delegate Agency Coordination Procedures (Attachment C), using the forms and language contained in the Delegate Agency Construction Contract Provisions' (Attachment D), and agrees to comply with"all applicable local county, state and federal regulations"associated with the implementation of CDBG projects. CITY may contract for all necessary services to complete AUTHORIZED PROJECTS described on its executed Attachments A and B provided that contracts are submitted to and approved in writing by EDA prior to their execution. CITY Attorney is responsible for assuring and certifying that the AUTHORIZED PROJECT undertaken by "CITY's_ contracting party complies with all applicable regulations and statutes, as amended, listed in Attachment C, Section IV. 5. MODIFICATION OF AUTHORIZED PROJECTS I All modifications to AUTHORIZED PROJECT must be pre-approved by COUNTY in order to be considered a part of AUTHORIZED PROJECT and eligible for reimbursement by COUNTY. CITY may request modification(s)to CDBG funding levels authorized by Attachment A or the pertinent Project Description (i.e. Scope of Activity) authorized by Attachment B. Upon receipt of a written request from CITY, and approval by COUNTY, COUNTY will revise Attachments A and B. 6. CONSOLIDATED PLAN AMENDMENT Requests by CITY to add, delete or substantially modify an activity listed in CONSOLIDATED PLAN must be made in writing to COUNTY. Requests to add new activity(ies) must be accompanied by a CDBG project proposal application. Substantial modifications are defined as follows: 1) an increase in funding for a CDBG public service- type activity in an amount greater than $50,000 over the current funded amount; or 2) an increase in the funding for other activities (public facility improvements, code enforcement, acquisition, etc) in an amount greater than $400,000 over the current funded amount; or 3) A new activity not previously listed and described in the Consolidated Plan/Annual Action Plan; or 4) a change in the type of activity; or 5) a change in the location of the activity; or 6) a change in the beneficiaries of the activity. 13 Requests for additions and substantial modifications will be reviewed by COUNTY for eligibility and compatibility with CONSOLIDATED PLAN. Additions, deletions and substantial modifications must be approved by CITY Council action and supportive documentation for said action must be sent to COUNTY. CITY shall comply with the requirements of and participate in the implementation of the citizen participation.portion of CONSOLIDATED PLAN. 7. COUNTY RESPONSIBILITIES COUNTY, through EDA, is empowered to enforce all federal regulations pertaining to CDBG funded projects undertaken by CITY under this Agreement. CITY recognizes that COUNTY, as the formal grantee of the CDBG, has full responsibility and obligations to HUD for undertaking the CDBG Program and has full authority in administering and allocating funds. CITY will have no direct responsibilities or obligations to HUD,, except as identified, under this Agreement. COUNTY will provide technical assistance to CITY in a timely and expeditious manner upon written request to EDA Assis Administrator. 8. CONFORMANCE TO COUNTY PROCEDURES Under this Agreement, CITY elects to be responsible for carrying out CDBG projects. However, in implementing said projects, CITY must perform all services and activities in accordance with federal and state statutory requirements and with the policies and procedures established by the Board of Supervisors, and shall comply with the following: A. COMMUNITY DEVELOPMENT ADMINISTRATOR Upon COUNTY and CITVs mutual assent to this Agreement, CITY will designate a Community Development Administrator" by filling in the name of said person in the space provided below. The Community Development Administrator is the responsible authority for all correspondence with COUNTY, the signatory on AUTHORIZED PROJECT Attachments A and B and shall advise the CITY council, CITY administration and CITY staff, as appropriate regarding CDBG program. CITY may, by written notification as set forth below, change the Commul Illy° Development Administrator. CITY's Community Development Administrator for this Agreement is Joyce Powers , TITLE:coom. & Econ. Deveip. Director B. FISCAL CONTACT PERSON For purposes of this Agreement, CITY shall also designate a fiscal contact person by filling in the space provided below. The fiscal contact person shall be responsible for billing and fiscal procedures regarding the CDBG program and will serve as the primary contact for technical fiscal matters. CITY may, by written notification as set forth below, change the fiscal contact person. CITY Fiscal Contact person for this Agreement is Bernie Simon , TITLE: Finance Director C. CITY shall be responsible for maintaining complete and separate fiscal accounts for CDBG funds which come under its control in such manner as to permit the reports required by COUNTY to be prepared therefrom and to permit the tracing of CDBG funds to their final expenditure. CITY will submit to EDA complete and detailed project descriptions, budgets, and expenses for each project that CITY implements with CDBG funds along with monthly reports of grant expenditures. J, 9. MAINTENANCE AND OPERATION OF FACILITIES CITY shall provide maintenance and operation for the life of any and all facilities constructed with CDBG funds under this Agreement that are CITY owned or operated, for the life of the facility, not less than 10 years. This Section shall survive the termination of this Agreement. 10. FUNDING LIMITS CDBG funding of AUTHORIZED PROJECTS is limited to the. amount allocated by CITY in AUTHORIZED PROJECTS Attachment A. 11. DISBURSEMENT OF FUNDS All CDBG funds allocated to CITY'S AUTHORIZED PROJECT(S) shall be received from the federal government by COUNTY under ACT. EDA will disburse the funds to CITY on a cost reimbursement basis. Billing shall be accompanied by all pertinent source documentation to be presented to EDA by CITY on or about the first day of each month, allowing 30 .days for payment on the part of EDA. COUNTY shall be entitled to retain from such funds such amount as is calculated as the direct costs (including, but not limited to, salaries, benefits, mileage, actual cost of materials, meals and other authorized expenses allowable under the Travel Code Section 13.0638 County of San Bernardino) incurred by COUNTY in implementing CITY's AUTHORIZED PROJECTS. 12. WITHHOLDING OF FUNDS COUNTY shall retain the right to withhold funds for any programs carried out by CITY, CITY's Contractor, or CITY's subcontractor upon giving written notice to CITY indicating that COUNTY has determined that CITY has not performed its obligations as stated in this Agreement in a satisfactory or timely manner consistent with federal regulations or policy. COUNTY shall notify CITY in writing of this determination, specifying the objection(s) to CITY's performance. CITY shall then have a maximum of ten (10) days in which to remedy said deficiencies. Should approval of COUNTY not be obtained within said period, COUNTY shall have full authority to reallocate CITY's CDBG program funding to other eligible activities, which can be implemented or to assume sole responsibility for carrying out any and/or all AUTHORIZED PROJECTS, upon written notice to CITY. Upon such notice, CITY agrees to cease all activity provided hereunder, as specified in said notice. 13. PROGRAM INCOME Program income represents net income directly generated from the use of CDBG funds by CITY as a result of the activity funded under the terms of this Agreement. When such income is generated by an activity only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. CITY shall retain the use of program income by returning program income to COUNTY and requesting project budget increases for activities authorized under this Agreement. Program income shall be returned to COUNTY within 30 days after: a) disposition or,sale of:real or personal property occurs or; b) cumulative program income reaches increments of $1,000; or c) the end of each fiscal year. CITY shall include the reports required by Section 14, PROGRAM REPORTING AND RETENTION OF RECORDS, all sources and amounts of program income on a monthly and year-to-date basis. Program income returned by COUNTY to CITY will be spent by CITY on only those costs authorized under this Agreement. All provisions of this Agreement shall apply to said use of program income funds. CITY shall account for the receipt and use of program income in such a way that program income is spent on AUTHORIZED PROJECTS before additional CDBG funds are spent. Any program income on-hand when this Agreement expires or is received after such expiration, will be paid to COUNTY. 15 14. PROGRAM REPORTING AND RETENTION OF RECORDS CITY agrees to prepare and submit financial, program progress, and other reports as required by HUD or COUNTY directives. CITY shall maintain such program, property, personnel, financial, statistical and other records, supporting documents, and accounts as are considered necessary by HUD or COUNTY to assure proper accounting for all Contract funds. Said records, documents and accounts are to be retained by CITY for a.minimum of five years. The retention period starts from the date the COUNTY submits its annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the service under the terms of this Contract is reported on for the final time. Said COUNTY submission will follow CITY's final submission to COUNTY of reports identified under this paragraph. Records and accounts subject to litigation or audit must be maintained for five years or until the issue is resolved, whichever is longer. Records that pertain to real estate transactions must be maintained for five years or the number of years that there is an outstanding obligation, whichever is longer. The starting date for retention, records on ODBG-purchased equipment begins at the end of the equipment's use, when it is dispoQ`V:: of or transferred. The retention period for records relating to program income begins on the last date of COUNTY fiscal year in which the income is earned. All CITY's records, with the exception of confidential client information, shall be made available to representatives of COUNTY and the appropriate federal agencies. CITY is required to submit data necessary to complete the Annual Grantee Performance Report in accordance with HUD regulations in the format and at the time designated by the EDA Administrator or his designee. 15. MONITORING EDA Administrator or designee will conduct periodic monitoring of CITY administration of AUTHORIZED PROJECTS. Monitoring will focus on the extent to which the CONSOLIDATED PLAN has been implemented and measurable goals achieved, effectiveness of project- management, and impact of AUTHORIZED PROJECTS. Authorized representatives of COUNTY and HUD shall have the right of access to all activities and facilities operated by CITY under this Agreement. Facilities inclu�: -:, all files, records, and other documents related to the performance of this Agreement. CITY will pen on-site inspection by COUNTY, and HUD representatives, and insure that its employees furnish such information, as in the judgment of COUNTY and HUD representatives, may be relevant to a question of compliance with contractual conditions and HUD directives, or the effectiveness, legality, and achievements of the program. 16. ACCOUNTING CITY must establish and maintain, on a current basis, an adequate accrual accounting system in accordance with generally accepted accounting principles and standards. 17. AUDITS CITY is required to arrange for an independent financial and compliance audit annually for each fiscal year during which federal funds are received under this Agreement as required by Circular A-128 pursuant to the Single Audit Act of 1984, Public Law 98-502. The results of the single audit must be submitted to COUNTY within 30 days of completion. Within 30 days of the submittal of said audit report, CITY shall provide a written response to all conditions or findings reported in said audit report. The response must examine each condition or finding and explain a proposed resolution, including a schedule for correcting any deficiency. All condition or finding correction actions shall take place within six months after EDA's receipt of the audit report. An audit may also be conducted by federal, state or local funding source agencies as part of the COUNTY's audit responsibilities. COUNTY and its authorized representatives shall, at all times, have access for the purpose of audit or inspection to any and all books, documents, papers, records, property, and premises of CITY. CITY's staff will cooperate fully with authorized auditors when they conduct audits and examinations of CITY's program. If indications of misappropriation or misapplication of the funds of this Agreement, cause COUNTY to require a special audit. the cost of the audit will be encumbered and deducted from funds allocated to 1E CITY's CDBG AUTHORIZED PROJECTS. Should COUNTY subsequently determine that the special audit was not warranted, the amount encumbered will be restored to said CDBG AUTHORIZED PROJECT allocations. Should the special audit confirm misappropriation or misapplication o'f funds, CITY shall reimburse COUNTY the amount of misappropriation or misapplication from non-CDBG funding sources. 18. REVERSION OF ASSETS I Upon Agreement termination, CITY shall transfer to COUNTY all CDBG funds on-hand at the',time of expiration and any accounts receivable attributable to the use of CDBG funds. All real property acquired or improved in whole or in part with CDBG funds in excess of$25,000 under this Contract must continue in the use that provides the service benefits and national objectives, for which it was funded until five years after expiration of this Contract as set forth in 24 CFR 570.503, or such longer period of time as determined by COUNTY; or it must be disposed of in a manner resulting in a reimbursement to COUNTY in the amount of the current fair market value of the property, as determined by COUNTY, less any portion thereof attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to the property. This Section 18 shall survive the termination of this Contract. 19. TERMINATION.AND TERMINATION COSTS This Agreement may be terminated in whole or in part at any time by either party upon giving 30 days notice in writing to the other party. An agreement must be reached by both parties as to conditions for termination in compliance with the provisions of federal regulations at 24 CFR Part 85.44, Termination for Convenience. EDA is hereby empowered to give said notice subject to ratification by the COUNTY Board of Supervisors. COUNTY may immediately terminate this Agreement upon the termination, suspension, discontinuation or substantial reduction in HUD CDBG funding for the Agreement activity or if for any reason the timely completion of the work under this Agreement is rendered improbable, infeasible or impossible. If CITY materially fails to comply with any term of this Agreement, COUNTY may take one or more of the actions provided under the federal regulation at 24 CFR Part 85.43, Enforcement, which includes temporarily withholding cash, disallowing non-compliant costs, wholly or partly terminating the award, withholding future awards, and other remedies that are legally available. In such an event, CITY shall be compensated for all services rendered and all necessarily incurred costs performed in good faith in accordance with the terms of this Agreement that have been previously reimbursed, to the date of said termination to the extent that CDBG funds are available from HUD. 20. PROJECT ACKNOWLEDGMENT Should CITY determine that the funding sources or the names of responsible public officials be displayed on a completed building or significant project, such identification should be acknowledged on a plaque, permanently mounted in an appropriate location, made of bronze or other appropriate material, acknowledging the funding source as the Department of Housing and Urban Development, San Bernardino County Community Development Block Grant. The current Board of Supervisors and the members of the CITY Council shall also be identified. When multiple funding sources are utilized to construct a project, all funding sources shall be identified. The listing order of multiple funding sources identified on the plaque shall be the largest dollar amount first, the second largest dollar amount second, etc. 21. CONTRACT COMPLIANCE CITY will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and Labor Surplus Area Firms (a firm located in an area of high unemployment) are used when possible in compliance with provisions of Title 24 code of federal regulations Part 85.36(e). 17 CITY shall comply with Executive Orders 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107, (Equal Employment Opportunity), Executive Orders 11625, 12138, 12432, 12250, and Executive Order 13279 (Equal Protection of the Laws for Faith-Based and Community Organizations), Title VII of the Civil Rights Act of 1964, the California Fair Housing and Employment Act, and other applicable federal, state and COUNTY laws, regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted. CITY shall make every effort to ensure that all projects funded wholly or in part by CDBG program funds shall provide equal employment and career advancement opportunities for minorities and women. In addition, CITY shall make every effort to employ residents of the area and shall keep a report of CITY staff positions that have been funded directly by, or as a result of this program. 22. DISCRIMINATION No person shall, on the grounds of race, sex, creed, color, religion, or national origin, be excluded fr participating in, be refused the benefits of, or otherwise be subjected to discrimination in any activitic,_ programs, or employment by CITY. 23. STANDARDS OF CONDUCT Pursuant to Office of Management and Budget Circular A-110 Attachment O and 24 CFR 570.611, Conflict of Interest, and 24 CFR Part 85.36, Procurement, CITY shall maintain a written code or standards of conduct that shall govern the performance of their officers, employees or agents engaged in the award and administration of contracts supported by federal funds. No employee, officer or agent of the CITY shall participate in selection, award, or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: a. The employee, officer or agent; b. Any member of his immediate family; C. His or her partner; or d. An organization, which employs, or is about to employ, any of the above, has financia. _. other interest in the firm selected for award. CITY officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub-Agreements. CITY may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent permitted by state or local law or regulations, such standards of conduct shall provide for penalties, sanctions, or other disciplinary actions for violations of such standards by CITY's officers, employees, or agents, or by contractors or their agents. 24. FORMER COUNTY OFFICIALS CITY agrees to provide or has already provided information on former COUNTY Administrative Officials (as defined below) who are employed by or represent CITY. The information required includes a list of former COUNTY Administrative Officials, who terminated County employment within the last five years and are now officers, principals, partners, associates, or members of the business. The information also includes the employment with or representation of CITY. For purposes of this provision, "COUNTY Administrative Official" is defined as a member of the Board of Supervisors or such Officer's staff, COUNTY Administrative Officer or member of such Officer's staff, COUNTY Department or Group Head, Assistant Department or Group Head, or any employee in the Exempt Group, Management Unit or Safety Management Unit. 11 I 25. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES i CITY agrees that it will not perform"or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will b;e used exclusively for performance of the work required under this Agreement and no funds made available under this Agreement shall be used to promote any religious or political activities. 26. INDEMNIFICATION CITY agrees to indemnify, defend (with counsel reasonably approved by COUNTY) and hold harmless COUNTY and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this Contract from and cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by COUNTY on account of any claim therefore, except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. CITY shall indemnify, defend and hold harmless COUNTY and its respective authorized officers, employees, agents and volunteers from any liability, claimsJosses, demands, and actions incurred by COUNTY as a result of the determination by HUD or its successor that activities under taken by each of CITY under the program(s) fail to comply with any laws, regulations or policies applicable thereto or that any funds billed by and disbursed to CITY under this Contract were improperly expended. This Section 26 shall survive the termination of this Contract. . 27. SELF-INSURANCE The CITY and the COUNTY are authorized self-insured public entities for purposes of general ,liability, automobile liability, professional liability and workers' compensation. CITY and COUNTY warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against any liabilities arising out of their performance regarding the terms and conditions of this agreement. 28. AMENDMENTS: VARIATIONS i This writing, with attachments, embodies the whole of this Agreement of the parties hereto. There are no oral agreements contained herein. Except as herein provided, additions or variations of the terms of this Agreement shall not be valid unless made in the form of a written amendment to this Agreement formally approved and executed by both parties. i 29. AMERICAN RECOVERY AND REINVESTMENT ACT FUNDING (ARRA) { i Use of ARRA Funds and Requirements This Contract may be funded in whole or in part with funds provided by the American Recovery and Reinvestment Act of_2009 ("ARRA"), .signed into law on February 17, 2009. Section 1605 off ARRA prohibits, the use of recovery funds for a project for the construction, alteration, maintenance or:repair of a public building or public work (both as defined in 2 CFR 176.140) unless all of the iron, steel and manufactured goods (as defined in 2 CFR 176.140) used in the project are produced in the I United States. A waiver is available under three limited circumstances: (i) Iron, steel or relevant manufactured goods are not produced in the United States in 'sufficient and reasonable quantities and of a satisfactory quality; (ii) Inclusion of iron, steel or manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent; or (iii) Applying the domestic preference would be inconsistent with the public interest. This is referred to as the "Buy American" requirement. Request for a waiver must be made to the County for an appropriate determination. Section 1606 of ARRA requires that laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal 19 Government pursuant to ARRA shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. 31). This is referred to as the "wage rate" requirement. The above described provisions constitute notice under ARRA of the Buy American and wage rate requirements. Contractor must contact the County contact if it has any questions regarding the applicability or implementation of the ARRA Buy American and wage rate requirements. Contractor will also be required to provide detailed information regarding compliance with the Buy American requirements, expenditure of funds and wages paid to employees so that the County may fulfill any reporting requirements it has under ARRA. The information may be required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as requested by the County pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Contract. Contractor may also be required to register in the Central Contractor Registration (CCR) database http://www.cer.gov and may be required to have its subcontractors also register in the same databa��. Contractor must contact.the County with any questions regarding registration requirements. Schedule of Expenditure of Federal Awards In addition to the requirements described in "Use of ARRA Funds and Requirements," proper accounting and reporting of ARRA expenditures in single audits is required. Contractor agrees to separately identify the expenditures for each grant award funded under ARRA on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by the Office of Management and Budget Circular A-133, "Audits of States, Local Governments, and Nonprofit Organizations." This identification on the SEFA and SF-SAC shall include the Federal award number, the Catalog of Federal Domestic Assistance (CFDA) number; and amount such that separate accountability and disclosure is provided for ARRA funds by Federal award number consistent with the recipient reports required by ARRA Section 1512 (c). In addition, Contractor agrees to separately identify to each subcontractor and document at the timi= sub-contract and at the time of disbursement of funds, the Federal award number, any special CFDA number assigned for ARRA purposes, and amount of ARRA funds. Contractor may be required to provide detailed information regarding expenditures so that the County may fulfill any reporting requirements under ARRA described in this section. The information may be required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as requested by the County pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Contract. Whistleblower Protection Contractor agrees that both it and its subcontractors shall comply with Section 1553 of the ARRA, which prohibits all non-Federal contractors, including the State, and all contractors of the State, from discharging, demoting or otherwise discriminating against an employee for disclosures by the employee that the employee reasonably believes are evidence of: (1) gross mismanagement of a contract relating to ARRA funds; (2) a gross waste of ARRA funds; (3) a substantial and specific danger to public health or safety related to the implementation or use of ARRA funds; (4) an abuse of authority related to the implementation or use of recovery funds; or (5) a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) awarded or issued relating to ARRA funds. Contractor agrees that it and its subcontractors shall post notice of the rights and remedies available to employees under Section 1553 of Division A, Title XV of the ARRA. 2( IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first written above. COUNTY OF SAN BERNARDINO CITY OF GRAND TERRACE By: By: JOSIE GONZALES, Chair WALT STANCKIEWITZ, City Mayor Board of Supervisors Dated: APPROVED AS TO LEGAL FORM. ATTEST: By: By: STEVEN J. SINGLEY BRENDA MESA, City Clerk Deputy County Counsel Dated: APPROVED AS TO LEGAL FORM SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD By: LAURA H. WELCH JOHN R. HARPER, City Attorney Clerk of the Board of Supervisors of the County of San Bernardino Dated: By: i 21 i E CALIFORNIA AGENDA REPORT MEETING DATE: March 22, 2011 Council Item (X) CRA Item ( ) TITLE: Resolution 2011- adopting the county-wide Non Motorized Transportation Plan for the City of Grand Terrace. PRESENTED BY: Richard Shields, Director of Building and Safety/Public' Works RECOMMENDATION: 1. Adopt Resolution No. 2011- adopting the county-wide Non-Motorized Transportation Plan. 2. Approve list of bicycles facility projects for future; bicycle transportation funding. BACKGROUND: j San Bernardino County Associated Governments (SANBAG) has prepared a county— wide Non-Motorized Transportation Plan. SANBAG, acting as a regional transportation planning agency; is adopting the Non-Motorized Transportation Plan for the purpose of establishing local jurisdiction eligibility for CALTRANS Bicycle Transportation Account; (BTA) funds. SANBAG has requested each City adopt a Resolution in March 2011. DISCUSSION: SANBAG has requested Cities provide a list of bicycle routes they plan to build in the future using BTA funds. Staff has prioritized the list as priority one (1) for projects that will be considered in the near future and priority two (2) for projects that are further out in the planning stage. Staff has reviewed the City General Plan and has established a list of desired projects in the table below. The table will be submitted to SANBAG with the attached Resolution. SANBAG's goal is to adopt a Non-Motorized Transportation! Plan on April 6, 2011. COUNCIL AGENDA ITEM NO. 1 City of Grand Terrace Future Bicycle Facility Street/Path/Project From To Class Mileage Priority Mt..Vemon Ave- Grand Barton Road It 6 2 Terrace- Barton Road UPRR Bridge Vivienda II .7 2 Cage Park Bike .Taylor Main Stree# MIA NA 1 Stage Area Commerce Way Barton Road Main Street II 1.4 2 Michigan Streeti Commerce Main Street 1 tt 9 4 Way - Main Street West City Gage Park II .3 1 Limit Gage Canal Iorttt r Cam; South' Ci#y 1 4 7 2 Lima Limn _ i Numerous bicycle facilities have already been constructed using funds granted by BTA. The following are bicycle improvement projects that have been completed to date. • Barton Road, from Vivienda Street to Mount Vernon Avenue, Class III, bike lane. • East City limit bike staging area at Grand Terrace Road. • Terrace Hills Middle School bike staging area at DeBerry Street. • South City limit staging area Mt. Vernon Ave. and Main Street. • Main Street from Mount Vernon Avenue to Cage Park, Class II, bike lane. RECOMMENDATIONS: Staff recommends that the City Council adopt Resolution No. 2011- approving the list of future bicycle improvement projects in the City of Grand Terrace that will be used by SANBAG in the adoption of the San Bernardino County Non-Motorized Transportation Plan. I FISCAL IMPACT: Staff time to review existing and future bikeways and the preparation of the staff report and Resolution for City Council approval. Future fiscal impacts will be stated for each bicycle project brought before the City Council for approval. Respectfully submitted, Ri and Shields, Director of Building and Safety/Public Works Manager Approval: Betsy dams City Manager I ATTACHMENTS: Map of proposed bicycle facilities. I I Exhiling and Proposed C_ Bikeway Plan } r 1 Railroad Streets -4- Proposed Bikeway J" Existing Bikeway A- I Pr City Boundary Ir _-_-T_,J City of Grand Terrace Existing and Nopos-ed Bikeway Plan 2010 GWIt'hof Plzen AdopLed AprIJ 27, 2010, Resoic lJo n No. 20 10-10 Exhibit 3-2 Proposed Projects for San Bernardino County Non-Motorized Transportation Plan i RESOLUTION NO. 2011- A RESOLUTION ADOPTING THE SAN BERNARDINO COUNTY NON-MOTORIZED TRANSPORTATION PLAN FOR THE CITY OF GRAND TERRACE. WHEREAS the San Bernardino Associated Governments (SANBAG) has, prepared a county-wide Non-Motorized Transportation Plan dated March 2011; and WHEREAS, SANBAG, acting as a regional transportation planning agency, is adopting the Non-Motorized Transportation Plan for purposes of establishing local jurisdiction eligibility for CALTRANS Bicycle Transportation Account (BTA) funds; and WHEREAS, the City of Grand Terrace City Council has approved the attached list of bicycle facility projects for future construction; and WHEREAS, the county-wide Non-Motorized Transportation Plan is compliant with the Streets and Highways Code Section 891.2 and the Regional Transportation Plan (RTP); and WHEREAS, the county-wide Non-Motorized Transportation Plan contains sections that address cycling and walking issues and needs in the City of Grand Terrace; NOW, THEREFORE, BE IT RESOLVED that the City Council adopts the San Bernardino County Non-Motorized Transportation Plan for the purpose of establishing a document to guide the development of the local non-motorized system for cycling and walking. PASSED AND ADOPTED this 22nd day of March, 2011 by the following vote: I ATTEST: City Clerk of the City of Grand Terrace Mayor of the City of Grand Terrace and j the City Council thereof and the City Council thereof i 5 Resolution No. 2011- I, Brenda Mesa, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced an adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 22nd day of March, 2011 by the following vote: AYES: NOES: ABENT: ABSTAIN: Brenda Mesa City Clerk Approved as to form: John Harper, City Attorney Proposed Projects for San Bernardino County Non-Motorized Transportation Plan Street/Path/Project From To Class Mileage Priority Mt. Vernon Ave Grand Terrace Road Barton Road II .; .6 2 Barton Road UPRR Bridge Vivienda II .7 2 Cage Park Bike Stage Area Taylor Street Main Street , Commerce Way Barton Road Main Street II 1.4 2 Michigan Street Commerce Way,, Main Street I�. 9 1 Main Street West City Limit Gage Park II .3 1 Gage Canal North City Limit South City limit 1 4 7. 2 V T 27 7 .... -_ ___.....-.............___....___-- .. J l r.�i � _..�� •' �t- - r' — � �' �.•.-. , (`�; 1 Vie. ti f r Exi-btlny and Proposed j Bikeway Plan FI --• \ r 11 i Streets Railroad � {� i i � � { + E Proposed Bikeway - - - Existing Bikeway - - City Boundary rP1 F 1 - 01 - ------------- City of Grand Terrace Existing and Propos-ad Bikeway Plan 2010 G n+rral Plan Adopted Apr)) 27, 20f0, Resohution No. 20 10-10 Exhibit 3-2 .� Proposed Projects for San Bernardino County Non-Motorized Transportation Plan i i CALIFORNIA AGENDA REPORT MEETING DATE: March 22, 2011 Council Item(X ) CRA Item ( ) TITLE: Spring 2011 Volunteer Projects PRESENTED BY: Joyce Powers, Community and Economic Development Director RECOMMENDATION: Receive the report. No other action is required. j BACKGROUND: 4_ i Staff has been contacted by three parties recently offering to complete community service projects during April 2011. The City's Women's Club has elected to plant new landscaping in the island maintaining the electronic community reader board. An Eagle. Scout candidate .will assist with clearing the existing landscaping materials and bringing new materials to the site for the planting day. In addition;.the scout group is considering painting the block wall in the vicinity along Barton Road and replacing two missing street trees. The Church of Jesus Christ of Latter Day Saints has offered up to 250 volunteers for a neighborhood project.that would occur on April 30, 2011. The Church.is based in Rialto and has many members who live in Grand Terrace. This report is being provided to the City Council for information and.to offer the volunteer groups an opportunity to describe their projects. Each group has been invited to address the Council. DISCUSSION: The Barton and Palm enhancement project will occur on two weekends. The existing j landscaping is scheduled to be removed on March 26th. The rose bushes can be moved to another site that has not yet been determined. The new landscaping plan is being prepared by a license landscaped architect, who was once an eagle scout. The goal is to provide a fuller, layered appearance with significant color through the use of low-water plants. The planting date is now tentatively set.for Sunday, April 3, 2011. COUNCIL AGENDA ITEM NO. 1 The budget for this project is estimated to be approximately $2,000. Staff recommends funding the purchase of the materials through the Neighborhood Improvement account, which has a current balance of approximately$38,000. The neighborhood cleanup project by the LDS church is scheduled for Saturday, April 30, 2011, from 9:00 am to 1:00 pm in the following areas: Area#1 Pascal Avenue north and south of De Berry Street Stonewood/L.a Paix/Pascal/De Soto Fulmar Place, south of De Berry Street Mavis Street,between Pascal Avenue and Willet Avenue Cardinal Street, between Pascal Avenue and Willet Avenue Palika Way Area#2 Maple Ave Walnut Ave Bums Ave Vivienda Avenue, between Burns Avenue and Maple Avenue Area#3 Mirado Avenue, Darwin Avenue, Flamingo Street,Tanager Street, Raven Way, and Ladera, Mirado Avenue, all between Mirado Avenue and Darwin Avenue This Neighborhood Improvement Project, as proposed, includes approximately17 streets and 225 homes. The goal is to enhance our neighborhoods by removing trash and items stored outside, removing weeds and overgrown vegetation, and painting blocks walls that have been tagged by graffiti. Staff has forwarded a letter to the residents to better determine what assistance will be needed. Staff anticipates requesting four to six roll-off waste containers at approximately $200 each, which can be funded with budgeted neighborhood improvement funds. The City is able to complete these projects with the assistance of numerous volunteers, minimizing the costs of both projects. All groups have been asked to provide their own tools and equipment. FISCAL IMPACT: All costs can be funded by the current Neighborhood Improvement Program budget. Respectfully submitted, I"OZvfi�a� 1 yce Powers Community and Economic Development Director Page 2 Spring 2011 Volunteer Projects Manager Approval: Betsy . Adams City Manager ATTACHMENTS: None ,I �I ,II 3