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09/13/2011 FILE Y ID GRAnDTERR CE September 13, 2011 22795;Barton Road Grand Terrace California 92313=5295 Civic.Center CITY OF GRAND -TERRACE (909)-824-6621 !Fax(909)783-7629 r -"-Fax(909)783-2600 t CRA/CITY COUNCIL Walt Stanckiewitz Mayor REGULAR MEETINGS Lee Ann Garcia 2ND AND 4T" Mayor Pro Tern- Tuesday - 6:00- p:mTern- Bernardo Sandoval Darcy McNaboe ° Gene Hays Council Members Betsy M.Adams City Manager s Council Chambers Grand Terrace Civic Center ° 22795 Barton Road Grand Terrace, CA 92313-5295 CITY OF GRAND TERRACE COUNCIL MEETING AGENDA CITY COUNCIL CHAMBERS September 13, 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 AGENDA ITEMS RECOMMENDATION ACTION CONVENE CITY COUNCIL 1. Items to Delete 2. SPECIAL PRESENTATIONS A. Certificate of Appreciation—Pete Parsons 3. CONSENT CALENDAR µ 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. 09-13-2011 Approve B. Waive Full Reading of Ordinances on Agenda C. Approval of 08-23-2011 Minutes Approve D. Approve 2010 HSGP Reimbursement and Resolution to Approve/Adopt& Donate Equipment to San Bernardino County Sheriffs Authorize Department E. Resolution Establishing a Policy which Delegates Tort Adopt/Authorize Liability Claims Handling Responsibilities to the California Joint Powers Insurance Authority as Authorized by Government Code Section 910, Et Seq. COUNCIL AGENDA 09-13-2011 PAGE 2 OF 3 AGENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION F. Treasurer's Report-March 31, 2011 Approve G. Treasurer's Report—June 30, 2011 Approve H. FY 2011-12 Appropriations Limit Select/Adopt I. Soliciting License Application—Shawn Price Authorize J. Seventeenth Amendment to Law Enforcement Services Approve/Authorize Contract No. 94-797 with the County of San Bernardino K. Resolution Amending the Designated Location for Adopt Posting Public Documents Required to be Published or Posted L. Agreement for My CALPERS Reporting Software Approve/Authorize License M. Five Year Measure I, Capital Improvement Plan Approve/Adopt N. Facilities Cleaning Services—Jan-Pro Award O. Historical and Cultural Activities Committee Minutes of Accept June 6, 2011 4. PUBLIC COMMENT a 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 a endized for a future meeting. 5. COUNCIL REPORTS 6. PUBLIC HEARINGS-None 7. UNFINISHED BUSINESS A. Crossing Guard Update Receive& Provide Direction 8. NEW BUSINESS A. Settlement and Release Agreement with San Bernardino Approve/Authorize Valley Municipal Water District B. Co-sponsorship of Community Events Provided by the Direct Staff/Authorize Grand Terrace Community Foundation's Community Events Committee in Fiscal Year 2011-12 9. CLOSED SESSION A. Conference with Real Property Negotiators (Government Code Section 54956.8) Pro a —APNs 1178-131-01, 1178-131-03, & 1178- 131-04 City Negotiator—Joyce Powers Buyer Negotiator—Denis Kidd, Friends of Blue Mountain Under Negotiation -Terms B. Conference with Legal Counsel - Potential Litigation Pursuant to GC 54956.9(b)-One Case C. Public Employment-City Attorney-Pursuant to GC54957 COUNCIL AGENDA 08-23-2011 PAGE 3 OF 3 AGENDA ITEMS STAFF COUNCIL RECOMMENDATIONS ACTION ADJOURN CITY COUNCIL CONVENE COMMUNITY REDEVELOPMENT AGENCY 1. Approval of 08-23-2011 Minutes Approve 2. Termination of the Disposition and Development Approve Agreement between the Redevelopment Agency and Jacobsen Family Holdings, LLC 3. Closed Session—Conference with Real Property Negotiators(Government Code Section 54956.8) Property—APNs 0275-242-10&0275-242-11 (22100 Block of Barton Road) Agency Negotiator—Joyce Powers Buyer Negotiator—Tom Swieca, Grubb-Ellis Under Negotiation- Price and Terms ADJOURN n .y THE NEXT REGULAR CRA/CITY COUNCIL MEETING WILL BE HELD ON TUESDAY, SEPTEMBER 27, 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. 3 �r CALIfFORNIA AGENDA REPORT MEETING DATE: September 13, 2011 Council Item (X) CRA Item ( ) TITLE: Check Register No. 09-13-2011 PRESENTED BY: Bernie Simon, Finance Director RECOMMENDATION: Approve BACKGROUND: The Check Register for September 13, 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 $2,025,672.94 in accounts payable checks was issued during the period for services, reimbursements, supplies and contracts and are detailed in the attached Check Register sections. 9/13/2011 FY 10-11 Check Register $11,096.80 9/13/2011 FY 11-12 Check Register $2,014,576.14 Payroll costs for the period amounted to $98,110.53 and are summarized below. Some of the non-routine items include: 67142 Johnson Repair Engine — EOC Generator $311.95 Machinery Co. COUNCIL AGENDA ITEM NO. 5 67150 Barr Door Inc Repair Front Door at Child Care Center $422.00 67151 CALBO CALBO Education Week-Rich Shields $540.00 67156 C:J.U.S.D. FY 2011-12 Community Center Lease Payment $101.00 67159 Firemaster Fire Extinguisher Maintenance $806.55 67161 GT Chamber of FY 2011-12 Membership Dues $200.00 Commerce 67173 Replacement 2011 Additional Charges for Thomas Schwab $19.94 Benefit Fund Some the larger items include: 67178 S.B. Co. July Law Enforcement Services $156,432.00 Sheriff 35568804 US Bank Debt Service RDA TAB Series 2004 $1,788,424.46 Trust Nat'l Payroll costs processed for period ending August 19, 2011: Date Period Payroll and payroll costs 8/19/2011 Biweekly $98,110.53 FISCAL IMPACT: All disbursements are made in accordance with the adopted budget for FY 2010-11 and FY 2011-12. Respectfully submitted, 4,-,�- - Bernie Simon Finance Director Manager Approval: Betsy/M. Ad ms City Manager ATTACHMENTS: Check Registers—September 13, 2011 vchlist Voucher List Page: 1 09/07/2011 12:36:49PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount 67140 9/13/2011 011143 ALBERT A. WEBB ASSOCIATES 111680 BARTON PLAZA TRAFF RPT/PROJ REVIEW 23-302-80-10 1,751.00 32-200-250-000-000 656.00 Total : 2,407.00 67141 9/13/2011 001713 CA. DEPT. OF TRANSPORTATION 99000548 May-June 1-215 Ramps Energy&Maint 16-510-238-000-000 350.30 Total : 350.30 67142 9/13/2011 003853 JOHNSON MACHINERY CO. SW030106316 Engine Repair-EOC Generator 10-808-247-000-000 311.95 Total : 311.95 67143 9/13/2011 011074 REDFLEX TRAFFIC SYSTEMS 32426 June Contract Services 17-900-255-000-000 5,495.38 Total : 5,495.38 67144 9/13/2011 011193 STRADLING YOCCA CARLSON & RAUT 265508-0000 JUNE LEGAL SERVICES FOR RDA ISSUES 32-200-255-000-000 1,175.58 Total : 1,175.58 67145 9/13/2011 007102 T.Y.LIN INTERNATIONAL 1106124 PRELIM ENGINEERING-BARTON RD. BRIDGE 47-400-250-001-000 814.75 Total : 814.75 67146 9/13/2011 007880 WEST GROUP 823187425 June/July CA Code Updates 10-125-250-000-000 541.84 Total : 541.84 7 Vouchers for bank code: bofa Bank total : 11,096.80 7 Vouchers in this report Total vouchers : 11,096.80 Page: 1 10 vchlist toucher List Page: 2 09/07/2011 12:36:49PM CITY OF GRAND TERRACE Bank code : bofa Voucher Date Vendor Invoice Description/Account Amount Page: 2 a City of Grand Terrace Warrant Register Index FD No. Fund Name Dept No. Department Name General Account Numbers 10 GENERAL FUND 110 CITY COUNCIL 110 SALARIESMAGES 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 138/141 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 TRAVEUCONFERENCES/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 a 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 vchlist Voucher List Page: 1 09/07/2011 12:56:31PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 67128 8/25/2011 011110 TIME WARNER CABLE Aug 844840...381,Aug/Sep Cable& Internet-Sr Cntr 10-805-238-000-000 58.91 Aug 844840...382;Aug/Sep Cable& Internet-Sr Cntr 10-805-238-000-000 58.91 Total: 117.82 67129 8/25/2011 001907 COSTCO#478 0478 08 0013 53 C. CARE SUPPLIES 10-440-220-000-000 172.40 Total: 172.40 67130 8/25/2011 001206 ARROWHEAD CREDIT UNION July/Aug 2011 July/August Visa Charges 10-190-220-000-000 Flowers for Mayor Zamora's Funeral 100.00 10-440-228-000-000 C.Care Supplies 87.19 10-440-223-000-000 C.Care Supplies 294.28 10-440-221-000-000 C.Care Supplies 176.01 10-172-210-000-000 Office Supplies 17.76 10-175-210-000-000 Office Supplies 17.75 10-195-245-000-000 City Hall Supplies 572.54 10-450-245-000-000 City Hall Supplies 546.56 Total: 1,812.09 67131 8/25/2011 001213 AT&T Aug/Sep 2011 Aug/Sep Phones& Internet Services 10-440-235-000-000 184.22 10-190-235-000-000 505.95 10-450-235-000-000 57.10 10-805-235-000-000 162.80 10-808-235-000-000 90.08 Total: 1,000.15 67132 9/6/2011 010164 GREAT-WEST PR End 8/5/2011 Contributions for PR End 8/5/11 10-022-63-00 4,622.73 Total: 4,622.73 67133 9/6/2011 010164 GREAT-WEST PR End 8/19/2011 CONTRIBUTIONS/LOANS FOR PR END 8/19/11 10-022-64-00 2,066.34 10-022-63-00 4,643.40 Page: 1 N vchlist Voucher List Page: 2 09/07/2011 12:56:31PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 67133 9/6/2011 010164 GREAT-WEST (Continued) Total: 6,709.74 67134 9/6/2011 001038 VERIZON WIRELESS-LA 1006636937 Aug/Sept Wireless Service-Public Works 10-175-240-000-000 101.06 Total: 101.06 67135 9/6/2011 003210 DEPT 32-2500233683 11448 Graffiti Supplies 10-195-245-000-000 78.28 Total: 78.28 67136 9/6/2011 010097 NEXTEL COMMUNICATIONS 410575025-108 July/Aug Wireless Svc-Maint/C. Care 10-175-240-000-000 208.14 10-440-235-000-000 48.95 Total: 257.09 67137 9/6/2011 006285 RIVERSIDE HIGHLAND WATER CO June/Aug 2011 June/Aug Water Usage and Fees 10-440-238-000-000 140.95 10-450-238-000-000 5,935.26 10-190-238-000-000 568.13 10-805-238-000-000 2,127.13 26-600-239-000-000 281.81 26-601-239-000-000 56.92 32-600-301-000-000 10.30 32-600-307-000-000 20.60 32-600-326-000-000 20.60 34-700-709-000-000 10.30 34-700-710-000-000 10.30 34-700-767-000-000 10.30 Total: 9,192.60 67138 9/6/2011 001213 AT&T Aug 909-254-012C Aug/Sept Phones& Internet Service 10-190-235-000-000 151.96 Total: 151.96 67139 9/6/2011 001907 COSTCO#478 0478 13 0277 135 C. CARE SUPPLIES 10-440-220-000-000 212.55 Total: 212.55 Page: 2 w vchlist Voucher List Page: 3 09/07/2011 12:56:31PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 67147 9/13/2011 011188 ACE WEED ABATEMENT, INC. 112 Weed Abatement-APN 0276-202-54 10-187-257-000-000 249.00 Total: 249.00 67148 9/13/2011 011143 ALBERT A.WEBB ASSOCIATES 112127 July Town Square Construction Mgmt Sry 32-600-323-003-000 14,264.20 Total: 14,264.20 67149 9/13/2011 010293 AVAYA, INC. 2731177405 July/Aug Phone&Voicemail Maint 10-190-246-000-000 183.46 2731252465 Aug/Sep Phone&Voicemail Maint 10-190-246-000-000 183.46 Total: 366.92 67150 9/13/2011 001383 BARR DOOR INC. 15075 Repair C.Care Center Front Door 10-440-245-000-000 422.00 Total: 422.00 67151 9/13/2011 001498 CALIFORNIA BUILDING OFFICALS 08242011 CALBO EDUCATION WEEK-SHIELDS 10-172-268-000-000 540.00 Total: 540.00 67152 9/13/2011 011031 CINTAS CORPORATION#150 150415215 C.Care Paper&Cleaning Supplies 10-440-228-000-000 145.76 150424153 C.Care Paper&Cleaning Supplies 10-440-228-000-000 197.93 Total: 343.69 67153 9/13/2011 010403 CITY OF REDLANDS AR134800 July CNG Fuel 10-440-272-000-000 8.60 34-800-272-000-000 134.83 Total: 143.43 67154 9/13/2011 010866 CIVIC PLUS 90427 July Website Maint Fee 10-125-250-000-000 652.25 91022 August Website Maint Fee 10-125-250-000-000 652.25 Page: 3 1 I vchlist Voucher List Page: 4 09/07/2011 12:56:31PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 67154 9/13/2011 010866 CIVIC PLUS (Continued) Total: 1,304.50 67155 9/13/2011 011029 COBRA SIMPLE 118 July COBRA Administration Fee 10-190-220-000-000 50.00 Total: 50.00 67156 9/13/2011 001860 COLTON JOINT UNIFIED SCHOOL FY 11-12 FY 11-12 Community Center Lease Pmt. 10-190-242-000-000 101.00 Total: 101.00 67157 9/13/2011 001930 DAILY JOURNAL CORPORATION B2125401 Notice of Hearing-Political Sign 10-125-230-000-000 195.80 B2129463 Notice Inviting Bids-Access Barrier 10-125-230-000-000 237.60 B2136922 Notice of Hearing-Burrtec 10-125-230-000-000 92.40 B2136940 Notice of Hearing-Barton Plaza Proj. 10-125-230-000-000 268.40 B2138028 Notice of Hearing-Vol. Redev. Program 10-125-230-000-000 81.40 B2149686 Public Notice-Ordinance Summary 10-125-230-000-000 143.00 Total: 1,018.60 67158 9/13/2011 001942 DATA TICKET INC. 37427 July Parking Cite Processing Services 10-140-255-000-000 100.00 Total: 100.00 67159 9/13/2011 002500 FIREMASTER 113189937 Fire Extinguisher Maint-C.Care 10-440-245-000-000 153.50 113189939 Fire Extinguisher Maint-Comm Center 10-440-246-000-000 153.50 113189941 Fire Extinguisher Maint-Civic Center 10-195-246-000-000 499.55 Total: 806.55 67160 9/13/2011 002740 FRUIT GROWERS SUPPLY 90835264 Rollins Park Plumbing Maint Supplies Page: 4 vchlist Voucher List Page: 5 09107/2011 12:56:31PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 67160 9/13/2011 002740 FRUIT GROWERS SUPPLY (Continued) 10-450-245-000-000 11.52 90835757 Maint Supplies 10-450-245-000-000 513.24 10-195-245-000-000 513.23 90842908 Maint Supplies-Rollins Park 10-450-245-000-000 13.61 Total: 1,051.60 67161 9/13/2011 002901 G.T.AREA CHAMBER OF COMMERCE 6622-DUES FY 11-12 Membership Dues 10-190-265-000-000 200.00 Total: 200.00 67162 9/13/2011 002795 GARCIA, LEE ANN September 2011 Sept Health Ins Reimbursement-Garcia 10-110-142-000-000 427.58 Total: 427.58 67163 9/13/2011 002867 GOLDEN PROTECTIVE SERVICES 154243 Rubber Gloves-C.Care 10-440-228-000-000 85.98 Total: 85.98 67164 9/13/2011 003170 HdL COREN &CONE 0017279-IN July-Sept 2011 Property Tax Contract 32-370-255-000-000 625.00 Total: 625.00 67165 9/13/2011 010199 HIGHLIGHTS FOR CHILDREN 0050427673 Subscription Renewal-Highlights 10-440-223-000-000 34.44 Total: 34.44 67166 9/13/2011 011158 L-1 ENROLLMENT SERVICES July 360910764 July Fingerprints-Bartels 10-440-228-000-000 92.00 Total: 92.00 67167 9/13/2011 010771 LASER TEC 109204 Printer Toner Cartridge-EOC 10-808-210-000-000 74.35 Total: 74.35 67168 9/13/2011 010611 MCNABOE, DARCY September 2011 Sept. Health Ins. Reimbursement-McNaboe � '� Page: 5 vchlist Voucher List Page: 6 09/07/2011 12:56:31 PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 67168 9/13/2011 010611 MCNABOE, DARCY (Continued) 10-110-142-000-000 317.00 Total: 317.00 67169 9/13/2011 005400 OFFICE DEPOT 574651487001 Kitchen Supplies 10-190-220-000-000 62.39 575567209001 Office Supplies/Ink 10-172-210-000-000 70.68 10-175-210-000-000 70.68 576367785001 Office Supplies 10-140-210-000-000 21.29 Total: 225.04 67170 9/13/2011 005586 PETTY CASH 08102011 Replenish C.Care Petty Cash 10-440-210-000-000 10.75 10-440-219-000-000 38.78 10-440-220-000-000 26.42 10-440-221-000-000 19.30 10-440-223-000-000 62.65 10-440-228-000-000 188.84 10-440-272-000-000 29.95 Total: 376.69 67171 9/13/2011 005688 PROTECTION ONE 2588440 Labor Charge-City Hall 10-195-247-000-000 125.00 Total: 125.00 67172 9/13/2011 011074 REDFLEX TRAFFIC SYSTEMS 32985 July Contract Services 17-900-255-000-000 3,826.95 Total: 3,826.95 67173 9/13/2011 011137 REPLACEMENT BENEFIT FUND RBF2011-35adj 2011 Add't Replacement Charges-Schwa 10-017-00-00 19.94 Total: 19.94 67174 9/13/2011 010171 REPUBLIC ITS INC RR-114864 July Routine Signal Maintenance 16-510-255-000-000 451.68 Page: 6 V vchlist Voucher List Page; 7 09/07/2011 12:56:31 PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 67174 9/13/2011 010171 REPUBLIC ITS INC (Continued) RR-114865 July Response Call Outs& Repairs 16-510-255-000-000 151.19 Total: 602.87 67175 9/13/2011 006310 ROADRUNNER SELF STORAGE INC. 13288 September Storage Rental 10-140-241-000-000 119.00 Total: 119.00 67176 9/13/2011 010249 ROGERS,ANDERSON, MALODY ET AL 33166 Progress Billing FY 11-12 Audit 10-140-250-000-000 4,823.25 33-140-250-000-000 1,439.25 34-140-250-000-000 1,237.50 Total: ;7,500.00 67177 9/13/2011 006510 S.B. COUNTY INFORMATION 11857 July Pager Access 10-175-240-000-000 9.00 Total: 9.00 67178 9/13/2011 006531 S.B. COUNTY SHERIFF 11141 JULY LAW ENFORCEMENT SERVICES 10-410-2551-000-000 4,242.00 10-410-256-000-000 143,856.00 14-411-256-000-000 8,334.00 Total: 156,432.00 67179 9/13/2011 007005 SO CAL LOCKSMITH 16656 City Hall Community Room-4 Keys 10-195-245-000-000 9.70 Total:_ 9.70 67180 9/13/2011 011071 STANCKIEWITZ, W. September 2011 Sept Health Ins Reim-Stanckiewtiz 10-110-142-000-000 415.00 Total: 415.00 67181 9/13/2011 011193 STRADLING YOCCA CARLSON &RAUT 265769-0000 July Legal Services for RDA Issues 32-200-255-000-000 3,970.43 Total: 3,970.43 67182 9/13/2011 006898 SYSCO FOOD SERVICES OF L.A. 1081014720 C.Care Food&Supplies Page: 7 w vchlist Voucher List Page: 8 09/07/2011 12:56:31 PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount 67182 9/13/2011 006898 SYSCO FOOD SERVICES OF L.A. (Continued) 10-440-220-000-000 465.44 1081717660 C.Care Food&Supplies 10-440-220-000-000 562.65 1082422583 C.Care Food&Supplies 10-440-220-000-000 577.08 Total: 1,605.17 67183 9/13/2011 007102 T.Y.LIN INTERNATIONAL 1108200 J July Eng. Srvs.-Barton Road Bridge 47-400-250-001-000 1,220.51 Total: 1,220.51 67184 9/13/2011 010038 VERHELLE,JO A. 08242011 REIMBURSEMENT FOR SUPPLIES 10-110-220-000-000 70.04 10-110-210-000-000 5.98 10-190-220-000-000 27.05 Total: 103.07 67185 9/13/2011 007920 WILLDAN 002-11527 July Plan Review/Inspection Services 10-172-250-000-000 1,955.00 002-11528 July Engineering Services 10-175-255-000-000 590.00 Total: 2,545.00 35568804 8/25/2011 007399 US BANK TRUST NAT'L ASSOC. 786694000 Debt Service RDA TAB Series 2004 33-300-209-000-000 1,720,000.00 33-300-208-000-000 68,424.46 Total: 1,788,424.46 52 Vouchers for bank code: bofa Bank total: 2,014,576.14 52 Vouchers in this report Total vouchers: 2,014,576.14 Page: 8 0 vchlist Voucher List Page: 9 09/0712011 12:56:31PM CITY OF GRAND TERRACE Bank code: bofa Voucher Date Vendor Invoice Description/Account Amount �i Page: 9 J _. City of Grand Terrace Warrant Register Index FD No. Fund Name Dent No. Department Name General Account Numbers 10 GENERAL FUND 110 CITY COUNCIL 110 SALARIESMAGES 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 OUALITY IMPROVEMENT FUND 172 BUILDING&SAFETY 138/141 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 TRAVEUCONFERENCES/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 N 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 N N CITY OF GRAND TERRACE PENIMCMOMLAPPROVAL CITY COUNCIL MINUTES REGULAR MEETING - AUGUST 23, 2011 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 August 23, 2011 at 6:30 p.m. PRESENT: Walt Stanckiewitz, Mayor Lee Ann Garcia, Mayor Pro Tern Darcy McNaboe, Councilmember Bernardo Sandoval, Councilmember Gene Hays, Councilmember Betsy M. Adams, City Manager Tracey Martinez, Interim 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 Sheriffs Department Lt. Steve Dorsey, San Bernardino County Sheriffs Department Rick McClintock, San Bernardino County Fire Department ABSENT: None The City Council meeting was opened at 6:30 p.m. with an Invocation by Mayor Pro Tern Lee Ann Garcia, followed by the Pledge of Allegiance led by Interim City Clerk Tracey Martinez. ITEMS TO DELETE None SPECIAL PRESENTATIONS A. Chamber of Commerce Business of the Month Darwin Enterprises was recognized as the Grand Terrace Area Chamber of Commerce Business of the Month B. Certificate of Recognition - Burt's Jewelry and Repair Chosen as "Business of the Year" in the Inland Empire by Senator Robert Dutton and a Certificate of Recognition presented by Robbie Broedow, District Representative COUNCIL AGENDA ITEM NO. 24 Council Minutes 08/23/2011 Page 2 The City Council presented Burt's Jewelry and Repair with a Certificate of Recognition for being chosen as one of six businesses that was named "Business of the Year" in the Inland Empire by Senator Robert Dutton. Robbie Broedow, District.Representative of Senator Robert Dutton presented Burt's Jewelry and Repair with the Certificate naming them "Business of the Year" on his behalf. C. Sheriffs Department Crime-mapping and Notification Overview Sgt. Ed Finneran, San Bernardino County Sheriffs Department, gave an overview of the Crime-mapping and Notification system thati residents can subscribe to in order to receive crime alert notifications and updates in an area that they choose. Information regarding the system is available on the Sheriffs Department website as well as the Grand Terrace City Website and Channel 3. CONSENT CALENDAR CC-2011-74 MOTION BY MAYOR PRO TEM GARCIA,SECOND BY COUNCILMEMBER . SANDOVAL, CARRIED 5-0, to approve the following Consent Calendar Items: 3A. Approve Check Register No. 08-23-2011 3B. Waive Full Reading of Ordinances on Agenda 3C. Approval of 08-09-2011, 08-11-2011 and 08-15-2011 Minutes 3D. Acceptance of Right-of-way Dedication from Monte Vista Assets, Inc. a California Corporation for Property Located at 12559 Michigan Street, also known as 1167-271-10 3E. Memorandum of Understanding (MOU), C11223, by-and Between San Bernardino Associated Governments(SANBAG)and the County of San Bernardino and Cities of Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland,Yucaipa and the State of California Department of Transportation for San Bernardino Valley Coordinated Traffic Signal Timing System Program Tiers 1, 2, 3, &4 3F. Interim City Clerk Agreement PUBLIC COMMENT Deborah Seuylemezian, announced that as part of the Lion's Governor's Service . Project, the Grand Terrace Lion's Club has been challenged to plant 100 trees in 7S Council Minutes 08/23/2011 Page 3 the community prior to March 1, 2012. She encouraged the City provide a list of needs for trees that they may have. She will also be asking for a list of needs from the School District and the Senior Center. COUNCIL REPORTS Councilmember Bernardo Sandoval, expressed his excitement over the new Stater Bros. Market. He felt that it was important to acknowledge the people of the past that made this store happen. He thanked former City Manager,,Tom Schwab, former Mayor, Maryetta Ferre and current Mayor Pro Tern Lee Ann Garcia for all of their efforts in facing the challenges that came up over the years with the building of the store. He thanked Staff for all of their solutions that they cam&up with to see that this project was completed. He expressed his disappointment with the recent theft at the construction site of the Grand Terrace High School. The School Board is holding the Security Company accountable. There will be a delay on the completion of the project but not the start date for students. Councilmember Gene Hays, stated that the City of Grand Terrace is clean and thanked the staff for their efforts on making it look nice. Councilmember Darcy McNaboe, stated that she is looking forward to the grand opening of the new Stater Bros. Market. It is going to be a wonderful store to shop 1 in. They will have so many things that normally could not be found in town. She is also pleased that Chase Bank will be located in the store. She thanked staff for the efforts that were made in making the Council Agenda and Packet easily navigated and searchable. The complaints that she has received in the past have been satisfied. Mayor Pro Tern Lee Ann Garcia, appreciates the residents of Grand Terrace and their commitment to the Community. She announced that the Lion's Club Pot O Gold event will be held on November 12, 2011. $20,000.00 will be the grand prize. She encouraged everyone to support the local Lion's Club. She expressed her excitement with the opening of the new Stater Bros. Market. She announced that the Chase Bank is offering specials to those who open up a new account. She reported that she met Valerie, from the San Bernardino Symphony, who indicated that they have grant money for after school programs for children, etc. and those who are interested should contact her. She welcomed back Interim City Clerk, Tracey Martinez. She announced that the Sheriffs Department is always on the leading edge of doing things and there will be something new and exciting coming out. Stater Bros. Market will be giving the Grand Terrace Friends of the Library a donation at their grand opening celebration. Mayor Wait Stanckiewitz, also expressed his excitement with the new Stater Bros. 26 Council Minutes 08/23/2011 Page 4 Market. He feels that it is a beautiful store and is proud that it is in Grand Terrace. He reported that he attended the Colton Joint Unified School District Board meeting last Thursday and Laura Morales, a Grand Terrace resident, was sworn in. Jamie Ayala did a presentation on the budget that the School District is dealing with. He stated that the District has three fiscal crisis that they are dealing with. They have a negative cash flow, the fund balance is being depleted and spiraling debt. They are spending more money than is coming in. Staff and the Board have a lot of work to do. He announced that Jack Brown's mother, Rose Brown, passed away and he will be adjourning the meeting in her memory. PUBLIC HEARINGS - None UNFINISHED BUSINESS 7A. Update on Law Enforcement Savings CC-2011-75 MOTION BYMAYOR PROTEM GARCIA, SECOND BYCOUNCILMEMBER MCNABOE, CARRIED 5-0, to restore the funding for the Patrol Deputy position, currently half funded in the Fiscal Year 2011/12 operating budget, bring back Schedule A for Council Approval, cancel the August 30, 2011 work shop that was scheduled to discuss Law Enforcement'and place the cancellation on the website. f NEW BUSINESS 8A. General Fund Budget Request for the Code Enforcement Program CC-2011-76 MOTION BY MAYOR PRO TEM GARCIA, SECOND BYCOUNCILMEMBER MCNABOE, CARRIED 5-0, to approve the appropriation of$4,557.00 from the General Fund to an expenditure account identified by the Finance Director for FY 2011-12 non-personnel expenses for the Code Enforcement Program. 8B. Purchase of Property in the 21900 Block of Gand Terrace Road for$595,000 with State Grant Funds to Develop a New Park Rita Schwark, expressed her concern with the amount of money that is being proposed"to pay for the property. She feels that the sign that was placed on the corner of Mt. Vernon was a waste of money. CC-2011-77 MOTION BY MAYOR PRO TEM GARCIA,SECOND BY COUNCILMEMBER HAYS, CARRIED 5-0, to approve the following: 27 Council Minutes 08/23/2011 Page 5 Approve a Purchase and Sale Agreement and Escrow Instructions for the acquisition of APN's 0275-231-48 through 66 for signature by the Mayor; Request an acquisition advance from the State Department of Parks and Recreation to fund the acquisition and associated costs and authorize the Finance Director to appropriate the funds necessary; ` Authorize the City Manager to execute all documents required to complete the City's due diligence and the acquisition; and Accept the donation of$15,000 for park maintenance from the seller of the property and authorize the Finance Directorto establish an account reserving these finds for maintenance of the park after completion. 8C. Request for Owner Participation Statements of Interest CC-2011-78 MOTION BY MAYOR PRO TEM GARCIA,SECOND BY COUNCILMEMBER SANDOVAL, CARRIED 5-0,to direct staff to notify the affected parties of the proposed project area, which is the area directly east of the 1-215, generally between Commerce Way and Pico Street, of their opportunity to submit a Statement of Interest per the adopted Rules of Participation under the Redevelopment Plan. CLOSED SESSION 9A. Public Employment- City Attorney - Pursuant to GC54957 9B. Conference with Legal Counsel - Potential Litigation Pursuant to GC54956.9(b) - One Case Mayor Stanckiewitz announced that the Council met in Closed Session to discuss Public Employment - City Attorney, pursuant to GC54957 and held a conference with Legal Counsel regarding potential litigation - one case, per GC54956.9 (b) and there was no reportable action taken. Mayor Stanckiewitz adjourned the meeting at 9:00 p.m. in memory of Rose Brown, Jack Brown's mother, until the next City Council Meeting which is scheduled to be held on Tuesday, September 13, 2011 at 6:00 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace �Q C At 1 0 R N I A AGENDA - REPORT MEETING DATE: September 13, 2011 Council Item ( X ) CRA Item ( ) TITLE: Approve 2010 HSGP Reimbursement and Resolution to Donate Equipment to San Bernardino County Sheriffs Department PRESENTED BY: Bernie Simon, Finance Director RECOMMENDATION: Approve and Adopt, Authorize City Manager to Execute BACKGROUND: The City received an allocation of $14,889 for a FY 2010 Homeland Security Grant Program through San Bernardino County. DISCUSSION: Sheriffs Department submitted equipment requests on behalf of the City and received approval from Cal EMA to purchase the identified equipment under the grant program. The City has advance funded the equipment because it is a reimbursement grant. Sheriffs Department has requested that the City officially donate such equipment to the San Bernardino County Sheriffs Department. The attached resolution donates grant equipment to the Sheriffs Department for the purposes outlined in the FY 2010 HSGP application and relieves the City from the liability and maintenance associated with the operation of such equipment. The final reimbursement request must be done no later than September 30, 2011. FISCAL IMPACT: All equipment costs will be reimbursed by the FY 2010 HSGP award. .Respectfully submitted: COUNCIL AGENDA ITEM NO& Bernie Simon, Finance Director Manager Approval: Betsy W. Ad ms, City Manager ATTACHMENTS: Resolution— FY 2010 Homeland Security Grant Program Guidelines Reimbursement Request Copy of Invoice for off-road vehicle 1 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY OF GRAND TERRACE, CALIFORNIA, DONATING HOMELAND SECURITY GRANT EQUIPMENT TO THE SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT WHEREAS, the City of Grand Terrace contracts with the County of San Bernardino Sheriffs Department to provide law enforcement services; and WHEREAS, the City of Grand Terrace is entitled to a FY 2010 Homeland Security Grant Program allocation as sub granted through the State of California, California Emergency Management Agency (Cal EMA) and the County of San Bernardino; and WHEREAS, the Cal EMA has approved the equipment purchase plan in the application for FY 2010 Homeland Security Grant Program funds; and WHEREAS, the City of Grand Terrace desires to donate and transfer grant funded equipment to the County of San Bernardino Sheriff's Department; and WHEREAS, the County of San Bernardino Sheriffs Department will accept liability and maintenance of equipment purchased with grant funds; and WHEREAS, the County of San Bernardino Sheriffs Department will use all equipment purchased with grant funds in accordance to the guidelines contained in the FY 2010 Homeland Security Grant Program and to the benefit of the citizens of Grand Terrance; and NOW THEREFORE, the City Council of the City of Grand Terrace does hereby resolve, declare, determine, and order as follows: Section 1. Approve FY HSGP reimbursement. Section 2. Donate equipment purchased with FY 2010 Homeland Security Grant funds. Section 3. Authorize City Manager to execute any documents to donate such equipment. PASSED, APPROVED, AND ADOPTED this 13t" day of September, 2011. 2 Attest: City Clerk Mayor of the City of Grand Terrace Approved as to form; Agency Counsel z� SAN BERNARDINO COUNTY FIRE DEPARTMENT 't ;;z -^ COUNTY OF SAN BERNARDINO z OFFICE OF EMERGENCY SERVICES DAN WURL 1743 Miro Way • Rialto,CA 92376 Fire Chief (909)356-3998 • Fax(909)356-3965 February 22, 2011 TO: SAN BERNARDINO COUNTY FIRE CHIEFS SAN BERNARDINO COUNTY POLICE CHIEFS SAN BERNARDINO COUNTY PUBLIC HEALTH OFFICER HOMELAND SECURITY GRANT SOLE POINT OF CONTACT GECO GRANTS COMMITTEE !�J SAN BERNARDINO COUNTY OPERATIONAL AREA COORDINATING COUNCIL(OACC) PRIMARY AND ALTERNATE REPRESENTATIVES,AND OTHERS SUBJECT: FISCAL YEAR 2010 HOMELAND SECURITY GRANT PROGRAM, CFDA 97.067, GRANT NO: 2010-0085 AND GRANT GUIDELINES UPDATE -TIME SENSITIVE- This correspondence and associated attachments contain time sensitive information for the completion of the Fiscal Year 2010 (FYI 0) Homeland Security Grant Program (HSGP) grant and includes the following important information: 1) Grant award acceptance and appropriation authority; 2) Projects subject to Environmental Planning and Historic (EHP) review; 3) Due dates of equipment projects; 4) Subrecipient agreement deadline; 5) HSGP procurement guidelines; 6)Performance bond requirements; and 7)Record retention. On January 11, 2011, the San Bernardino County Board of Supervisors (Board) authorized the acceptance of the FYI HSGP and granted appropriation authority on February 15, 2011. ,- OES received approval from the California Emergency Management Agency (Cal EMA)to proceed with most of the projects included in the County's HSGP grant application, with the exception for a few projects that have not been released due to EHP review. If your jurisdiction was affected the contact person of your jurisdiction should have already received an e-mail from the OES Grants Unit requesting additional information. Please respond to the request to avoid further delays on your project. In the coming week,the OES Grants Unit will be sending a separate e-mail to all jurisdictions providing the following: 1)list of approved project(s)and/or project(s)that are currently pending or on hold status with Cal EMA due to EHP, and 2)expected completion dates for planning,training, and exercise projects. As a reminder, jurisdictions that have project(s) that are subject to EHP review cannot incur any cost until the jurisdiction receives an approval notification from the OES Grants Unit. Any costs incurred prior to receiving this notification will not be reimbursed by the HSGP grant. EQUIPMENT PROJECTS DUE DATE As in the past, Cal EMA again assigned performance milestones for equipment projects, which are usually shorter than the grant performance period. To meet the State's timeline and to ensure the continuity of HSGP grant funding to the County, OES adjusted the schedule accordingly as follows: Project A-MMRS E ui ment Se tember 30, 2011 Project B-Law Enforcement E ui ment Projects Se tember 30, 2011 Project C-Fire Service E ui ment Projects Se tember 30,2011 Project J -Pipeline Equipment Project September 30, 2011 Project K-COPLINK Equipment Project September 30, 2011 Project L-Mass Shelter Equipment Project September 30, 2011 Project O-Public Health Equipment Project September 30, 2011 Board of Supervisors GREGORY C. DEVEREAUX ` BRAD MiTZELFELT................ First District NEIL DERRY.............Third District Chief Executive Officer JANICE RUTHERFORD.....Second District GARY C. OVITT.....Fourth District JOSIE GONZALES..........Fifth District as FY10 HOMELAND SECURITY GRANT PROGRAM AND GRANT UPDATE 212212011 Page 2 of 3 FY10 HSGP SUB-RECIPIENT AGREEMENT The HSGP grant is subject to all policies and provisions of the Federal Single Audit Act of 1984, and the Single Audit Act Amendments of 1996. As a result, please complete, sign, and return the attached "FY2010 HSGP Sub-Recipient Agreement form" (Attachment A) to our office no later than March 4. 2011. Due to strict Federal and State guidelines,jurisdictions that do not adhere to the guidelines outlined on the attached document will not be eligible for HSGP reimbursement. We are aware that your jurisdiction may require governing body review and approval prior to submitting the Agreement form. Should your iurisdiction require an extension with submitting the Sub-Recipient Agreement form lease advise the OES Grants Unit no later than Februa 28 2011. Otherwise Attachment A is due as noted above. HOMELAND SECURITY GRANT PROCUREMENT GUIDELINES 1. All jurisdictions must have written policies and procedures for the procurement of goods and services to _- followed and measured in accordance with applicable federal rules and regulations (CFR Title 44, Section 13.:_- (b) (1). If there is a conflict between the jurisdiction's procurement policies and the policies of the County, State and/or Federal grantor, the iurisdiction must follow the more restrictive policy. Please maintain records sufficient to detail the significant history of procurement. These records must include,but are not limited to: a. Rationale for the procurement method; b. Selection of contract type; c. Contractor selection or rejection; d. Verification that the contractor was not debarred or suspended at the time of the award. The jurisdiction must search the www.epls.gov website to ascertain that the vendor and/or contractor is not debarred or suspended. A copy of the vendor verification report must be submitted to OES with the request for reimbursement. Failure to provide this information may result to the delay in processing your request and possible denial of your claim; and e. Basis for the contract price as stipulated in CFR Title 44, Section 13.16 (b) (9). 2. Jurisdictions must ensure that all procurement transactions are conducted in a manner providing full and open competition. Some situations considered to be restrictive of competition include, but are not limited to: a. Placing unreasonable requirements on firms in order for them to qualify to do business; b. Requiring unnecessary experience and excessive bonding; c. Noncompetitive pricing practices between firms or affiliated companies; d. Organizational conflicts of interest; e. Specifying only "brand name" instead of allowing "an equal" product to be offered and describing the performance of other relevant requirements of the procurement; and\ f. Any arbitrary action in the procurement process. 3. Jurisdictions may not use statutorily or administratively imposed in-state or local geographical preferences in the evaluation of bids or proposals. (See CFR Title 44, Section 36.36(c)(1)and (2). 4. A jurisdiction that uses a consulting firm to write the specifications for a contract bid/proposal cannot award the contract to the same consulting firm. This is considered a conflict of interest.. 5. Small Purchase Procurements are defined as simple and information method for purchasing supplies, services or goods that cost less than $100,000. Price or rate quotations must be obtained from an adequate number of qualified sources. OES requires that the subgrantee document a minimum of three (3) written price quotations. Copies of the 3 written quotations must be submitted to OES with the request for reimbursement. Failure to provide this information may result to the delay in processing your request and possible denial of your claim. 6. Procurement by Noncompetitive Proposals (Sole Source) may be used only when the award of the contract is infeasible under small purchase procedures, sealed bids or competitive proposals, and one of the following circumstances applies: a. The item is available only from one source; b. A public exigency or emergency for the required item or service will not permit a delay resulting from competitive solicitation; and c. After solicitation of a number of resources, competition is determined to be inadequate. 35 FY10 HOMELAND SECURITY GRANT PROGRAM AND GRANT UPDATE 2/22/2011 Page 3 of 3 In the past, Cal EMA required prior authorization for any sole source procurement using HSGP funds. However, this policy changed on February 10, 2011. The changed affects all open grant years of the Homeland Security Grant Program. According to Cal EMA, they will no longer require a sole source request to be submitted for purchases under $100,000, which is in concurrence with CFR 44. However, please note that this change does not affect the County or your jurisdictions procurement policies. If your jurisdiction requires you to provide justification for sole source and/or obtain approval from your City Council, Board of Directors, or Board of Supervisors prior to procurement, then that procedure must be followed and supporting documents must be provided to the OES Grants Unit with your reimbursement claims. In the event that there is conflict between your procurement policies and the policies of the County, please follow the more restrictive policy and call the OES Grants Unit for clarification. Attached is a Sole Source form document (Attachment B)for your use in the event t that it is needed. 7. Procurement by Sealed Bids/ Invitation for Bids require the subgrantee to formally advertise in a widely circulated publication; bids are solicited from an adequate number of qualified sources; and a firm-fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose bid conforms with all material items and conditions of the bid, and is the lowest price. (See CFR 44, Section 13.36 (d) (3) for additional guidance). Subgrantees must document a minimum of three (3) responsible bids and proof of advertisement and solicitation efforts must be forwarded to OES with your reimbursement claim. 8. Procurement by Competitive Proposal requires the subgrantee to formally advertise Request for Proposals (RFP's) in a widely circulated publication, and solicited from an adequate number of qualified sources. Written procedure is used to conduct technical evaluations of the proposals received, and for selecting the awardees. The award is made to the responsible firm whose proposal is most advantageous to the program with price and other factors considered. Subgrantees must document a minimum of three (3) responsible proposals and proof of advertisement and solicitation efforts must be forwarded to OES with your reimbursement claim. PERFORMANCE BOND Subgrantees are required to obtain a performance bond for any equipment item over $250,000, or any vehicle, aviation, or watercraft (regardless of the cost) financed with Homeland Security Grant dollars. Copy of the h, performance bond must be submitted to OES with your reimbursement claim. Failure to obtain the required performance bond will result to the disallowance of your HSGP project. RECORDS RETENTION All supporting documentation pertaining to the administrative, programmatic and financial management of the grant award must be retained by the subgrantees for at least three (3) years following Cal EMA's closeout of the Federal/State grant period including the resolution of any monitoring/audit findings. To-date, the following HSGP grants have been closed by Cal EMA, please make sure to retain all supporting documentation related to these grants until April 10, 2012: • FY2001 SDPGP Grant, • FY2002 SDPDP Grant, and • FY2003 HSGP Grants Part I and Part II. As always, please do not hesitate to call me or Yolanda Daugherty, OES Grants Unit Supervisor, at (909) 356-3932, with any questions. Thank you for your continued patience and cooperation. Sincerely, DENISE L.BENSON, Division Manager San Bernardino County Fire Protection District Office of Emergency Services DLB:yd Attachment: Attachment A- FY2010 HSGP Subrecipient Agreement Attachment B-Sole Source Form 36 Attachment A San Bernardino County Fire Protection District Office-of Emergency Services FY2010 Homeland Security Grant Program Subrecipient Agreement Name of Applicant: G!'y or Gip Address: 6 5-T ets r %)/!R4 S r City: SQ State: C1 _ Zip Code Z` 1_ CIA Telephone Number:R 2 t 7— Fax Number: E-Mail Address: /Vr�/�w� rQ Gj 0 U�-G As the duly authorized representative of the applicant,I certify that the applicant named above: General 1. Will assure that grant funds will support efforts related to providing an integrated mechanism to enhance the coordination of national priority efforts to prevent,respond to,and recover from terrorist attacks,major disasters and other emergencies. 2. Understands and agrees to the following Federal Grant Guides in acceptance of the fiscal year 2010 Homeland Security Grant funds,CFDA 97.067,funded by the U.S.Department of Homeland Security(DHS/Federal Emergency Management Agency(FEMA),sub-granted through the State of California,California Emergency Management Agency(Cal EMA)and further sub-granted through the County of San Bernardino and administered/managed by the San Bernardino County Fire Protection District Office of Emergency Services(County Fire/OES). 3. Has the legal authority to apply for Federal assistance and has the institutional,managerial 1 and financial capability to ensure proper planning,management and completion of the grant provided by the U.S.Department of Homeland Security(DHS)/Federal Emergency Management Agency(FEMA),sub-granted through Cal EMA and further sub-granted through the County of San Bernardino. 4. Will assure that grant funds are used for allowable,fair,and reasonable costs only and will not be transferred between grant programs(for example:State Homeland Security Program, Urban Area Security Initiative,Citizen Corps Program,and Metropolitan Medical Response System)or fiscal years. 5. Will comply with any cost sharing commitments included in the FY2010 Investment Justifications submitted to DHS/FEMA/Cal EMA,where applicable. Page 1 Initials —; 37 6. Will maintain procedures to minimize the time elapsing between the award of funds and the disbursement of funds. 7. Will notify County Fire/OES of any developments that have a significant impact on award- supported activities,including changes to key program staff. 8. Agrees that funds awarded under this grant will be used to supplement existing funds for program activities,and will not supplant(replace)non-Federal funds. 9. Will comply with the financial and administrative requirements set forth in the current edition of the D13S Financial Management Guide. ~` 10.Agrees that all allocations and use of funds under this grant will be in accordance with the FY2010 Homeland Security Grant Program Guidance and Application Kit,and the California Supplement to the FY2010 Homeland Security Grant Program Guidance and Application Kit.All allocations and use of funds under this grant will be in accordance with the Allocations,and use of grant funding must support the goals and objectives included in the State and/or Urban Area Homeland Security Strategies as well as the investments identified in the Investment Justifications which were submitted as part of the California FY2010 Homeland Security Grant Program application.Further,use of FY2010 funds is limited to those investments included in the California FY2010 Investment Justifications submitted to DHS/FEMA/Cal EMA and evaluated through the peer review process. 11.Understands that failure to comply with any of the above/below assurances may result in suspension,termination,or reduction of grant funds. Procurement 12.Shall submit to County Fire/OES a copy of their procurement policies and adhere to such policies as specified in the OMB Circular,and shall comply with the financial and administrative requirements set forth in the current editions of the Office Programs(OJP) Financial Guide. 13.Shall attach to each Reimbursement Request,payment documentation as follows:Request for Proposal,bid advertisements,and/or a list of three quotations from qualified vendors,etc. along with all payment documentation when procurement policies require such procedures in the purchasing of grant equipment.The subrecipient understands and agrees to submit all requests for payment reimbursement with documentation attached and signed by the authorized agent as required by Office of Emergency Services Grants Unit 1743 Miro Way, Rialto,CA 92376. 14.Will initiate and complete the work within the applicable time frame after receipt of approval from Cal EMA and/or FEMA if needed and notification to start the project from County Fire OES. Page 2 Initials —/ �n 15.Understands and agrees that Federal funds will not be used;directly or indirectly,to support the enactment,repeal,modification or adoption of any law,regulation,or policy,at any level of govemment,without the express prior written approval from DHS/FF.MA/Cal EMA and the County Fire/OES. 16.Agrees that,to the extent contractors or subcontractors are utilized,will use small,minority- owned,women-owned,or disadvantaged business concerns and contractors or subcontractors to the extent practical. 17.Contract provisions with vendors. The subrecipients contracts with vendors must contain provisions as noted in the sub-section below: • Termination for cause and for convenience by the grantee or subrecipient including the manner by which it will be effected and the basis for settlement. (All contracts in . excess of$10,000). • Notice of awarding agency requirement and regulations pertaining to reporting. • Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. • Awarding agency requirements and regulations pertaining to copyrights and rights to data IS.Agrees that all publications created or published with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S.Department of Homeland Security. Points. of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate or the U.S.Department of Homeland Security." 19.The recipient also agrees that,when practicable,any equipment purchased with grant funding shall be prominently marked as follows: "Purchased withfunds provided by the US. Department of Homeland Security." 20.Acknowledges that DHS/FEMA reserves a royalty-free,nonexclusive,and irrevocable license to reproduce,publish,or otherwise use,and authorize others to use,for Federal government purposes:a)the copyright in any work developed under an award or sub-award; and b)any rights of copyright to which a recipient or sub-recipient purchases ownership with Federal support. 21.The recipient agrees to consult with DHS/FEMA/Cal EMA and County regarding the allocation of any patent rights that arise from,or are purchased with,this HSGP funding. 22.Subrecipient shall obtain a performance bond for any equipment item over$250,000,or any vehicle,aviation,or watercraft(regardless of cost)financed with Homeland Security dollars. Page 3 Initials IQ 23.Subrecipient will comply with sole source procurement requirements of the Homeland Security Grant.(According to Federal guidelines,sole source or noncompetitive procurement is only allowed when the award of a contract is not feasible under the Small Purchases, Invitation for Bids,and the Request for Proposals process.) • Subrecipient agrees that it will complete and submit a Sole Source Contract Request Form to County Fire/OES for reporting and approval of Cal EMA prior to incurring any cost for projects that meets the sole source criteria. • Subrecipient understands that this requirement does not supersede the SubRecipient's sole source procurement policy. 22.Will comply with Federal Acquisition Regulations(FAR),part 31.2 Contract Cost Principles and Procedures,Contracts with Commercial Organizations. 23.Ensures that every vendor,contractor,or sub sub-grantee to be used maintains a valid DUNS registration. 24.Subrecipient agrees to and shall comply with the guidance on section 163 of the Continuing Appropriations Resolution regarding the Association of Community Organizations for Reform Now(ACORN),2010,Division B of Pub.l..No. 111-68(CR),which states,"SEC. 163.None of the funds made available by this joint resolution or any prior Act may be provided to the Association of Community Organizations for Reform Now(ACORN),or any of its affiliates,subsidiaries,or allied organizations."This prohibition applies not only to a direct recipient of Federal funds but also to a Subrecipient(e.g.,a subcontractor,subgrantee, or contractor of a grantee.)All Federal grant and contract recipients agree: • Not to provide Federal funds to ACORN or its affiliates as subgrantees, subcontractors,or other Subrecipients,consistent with this guidance,and • To notify County Fire/OES at(909)356-3998)of any existing subgrants, subcontracts,or other Subrecipient agreements with ACORN or its affiliates and of how the grantee or contractor is planning to comply with the prohibition with respect to those subgrants,subcontracts,or Subrecipient agreements. 25.Subrecipient agrees to comply with the grant performance timeline provided by Cal EMA and County Fire/OES. 26.Subrecipient has requested through the County of San Bernardino,Federal financial assistance to be used to perform eligible work approved in the submitted application for Federal assistance. 27.Subrecepient agrees after the receipt of Federal financial assistance,through County Fire OES to the following: • Promptly return to County Fire/OES all the funds received which exceed the approved,actual expenditures as'accepted by the Federal or State government. • In the event the approved amount of the grant is reduced,the reimbursement applicable to the amount of the reduction will be promptly refunded to County Fire/OES. Page 4 Initials an • Separately account for interest earned on grant funds,and will return all interest earned,in excess of SI00 per Federal Fiscal Year. 28.Subrecipient agrees that: • No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant,the entering into of any cooperative agreement,and the extension, continuation,renewal,amendment,or modification of any Federal grant or cooperative agreement. • If any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or an employee of Congress,or employee ~` of a Member of Congress in connection with the Federal grant or cooperative agreement,the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities,"in accordance with its instructions. • The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers including subgrants,contracts under grants and cooperative agreements,and subcontract(s)and that all Subrecipients shall certify and disclose accordingly. • This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31,U.S.Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$100,000 for each such failure. 29.Subrecipient agrees to provide a single audit report and corrective action plan to County Fire/OES if total federal grant expenditures incurred by the jurisdiction in a fiscal year exceeds$500,000. The Single Audit Report and corrective action plan,if applicable,must be submitted to the OES Grants Unit no later than April 30th of each year,to the following address: San 13emardino County Fire Protection District , Office of Emergency Services Attention: OES Grants Unit 1743 Miro Way Rialto,CA 92376 28. Will not make any award or permit any award(subgrant or contract)to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549 and 12689,"Debarment and Suspension". Subrecipient is responsible to ensure that vendors and/or consultants are fully qualified to provide for services and have not been disbarred from the State.Suspended or debarred suppliers can be located on the Excluded Parties List System at www.epls.gov. Page 5 Initials a� 29.As required by Executive Order 12549,Debarment and Suspension,and implemented at 44 CFR Part 17,for prospective participants in primary covered transactions, a. The applicant certifies that it and its principals: 1. Are not presently debarred,suspended,proposed for debarment,declared ineligible,sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. ii. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(Federal,State,or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property. j iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal,State,or local)with commission of any of the offenses enumerated in paragraph(1)(b)of this certification;and have not within a three-year period preceding this application had one or more public transactions(Federal,State,or local)terminated for cause or default;and b. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. Inventory 30.Subreciplents are responsible in tracking and maintaining all equipment/supplies purchased by their jurisdiction,with HSGP grant funds. In addition,the Subrecipients must certify in writing,annually,the status of all equipment/supplies purchased with HSGP grant funds. The annual certification must be submitted to the OES Grants Unit no later than March 31 of each year and submitted to: San Bernardino County Fire Protection District Office of Emergency Services Attn: OHS Grants Unit 1743 Miro Way Rialto,CA 92376 31.Subrecipient shall immediately report to County Fire/OES all damaged,lost or stolen equipment/property that is purchased with grant funds per the OMB Circular.Subrecipient must be complete and return the attached"Damaged,Lost,or Stolen Report Form"to County Fire/OES for reporting to Cal EMA. 32.Agrees that equipment acquired or obtained with grant funds: • Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire,emergency medical,hazardous materials response services,and law enforcement agencies within the jurisdiction of the applicant,and deployed with personnel trained in the use of such equipment in a manner consistent with the Page 6 Initials 42 California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. • Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. Record Retention 33.Subrecipient must maintain all payment documents and procurement records for grant purchases/expenditures for three(3)years after the close of the grant,which occurs when the Office of Homeland Security has filed the final report.Subrecipients will be notified by County Fire/OES of the timeline. Reuortine 34.Will give the Federal government,the General Accounting Office,the Comptroller General of the United States,the State of California,the Office of Inspector General,through any authorized representative,access to,and the right to examine,all paper or electronic records, books,or documents related to the award;and will establish a proper accounting system in accordance with generally accepted accounting standards and/or awarding agency directives. 35.Will provide progress reports,and other such information as may be required by the awarding agency,including the Initial Strategy Implementation Plan(ISIP)within 45(forty- five)days of the award,and update via the Grant Reporting Tool(GRT)twice each,year. 36.Agrees to cooperate with any assessments,national evaluation efforts,or information or data collection requests, including,but not limited to,the provision of any information required for the assessment or evaluation of any activities within this agreement. ReLyulatory 37.Agrees that funds utilized to establish or enhance State and Local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council(HSAC)Fusion Center Guidelines,follow the Federal and State approved privacy policies,and achieve(at a minimum)baseline level of .capability as defined by the Fusion Capability Planning"fool. 38.Will comply with all provisions of DHS/FEMA's codified regulation 44,Part 13,Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,including the payment of interest earned on advances. 39.Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes,or presents the appearagce of,personal or organizational conflict of interest,or personal gain for themselves or others,particularly those with whom they have family, business,or other ties. 40. Will comply with Standardized Emergency Management System(SEMS)requirements as stated in the California Emergency Services Act,Government Code,Chapter 7 of Division 1 of Title 2,Section 8607.1(e)and CCR Title 19,Sections 2445,2446,2447,and 2448. Page 7 Initials —/ 41 41.Will comply,if applicable,with P.L.93-348 regarding the protection of human subjects involved in research,development,and related activities supported by this award of assistance. 42.Will comply with all applicable Federal statutes,regulations,policies,guidelines and requirements,including OMB Circulars A102 and A-133,E.O. 12372 and the current Administrative Requirements,Cost Principles,and Audit Requirements.Will also comply with Title 28,Code of Federal Regulations,Parts 66 and 70,that govern the application, acceptance and use of Federal funds for federally assisted projects. 43.Will comply with all provisions of 2 CFR,including:Part 215 Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education,Hospitals, and Other Non-Profit Organizations(OMB Circular A-I 10);Part 225 Cost Principles for State,Local and Indian Tribal Governments(OMB Circular A-87);Part 220 Cost Principles for Educational Institutions(OMB Circular A-21);Part 230 Cost Principles for Non-Profit Organizations(OMB Circular A-122). 44.Will comply,if applicable,with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. §§4801 et seq.)which prohibits the use of lead based paint in construction or rehabilitation of structures. 45.Will comply with all Federal and State Statues relating to Civil Rights and Nondiscrimination.These include,but are not limited to: a. Title VI of the Civil Rights Act of 1964(P.L.88-352),as amended,which prohibits discrimination on the basis of race,color,or national origin. b. Title 1X of the Education Amendments of 1972,as amended(20 U.S.C.§§1681- 1683 and 1685-1686),which prohibits discrimination on the basis of gender. C. Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C.§§794), which prohibits discrimination on the basis of handicaps. d. The Age Discrimination Act of 1975,as amended(42 U.S.C.§§610I-6107), which prohibits discrimination on the basis of age. e. The Drug Abuse Office and Treatment Act of 1972(P.L.92-255),as amended, relating to nondiscrimination on the basis of drug abuse. f. The Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and 1 Rehabilitation Act of 1970(P.L.91-616),as amended,relating to nondiscrimination on the basis of alcohol abuse or alcoholism. g. §§523 and 527 of the Public Health Service Act of 1912(42 U.S.C.290 dd-3 and 290 cc-3),as amended,relating to confidentiality of alcohol and drug abuse patient records. h. Title VIii of the Civil Rights Act of 1968(42 U.S.C.§§3601-et seq.),as amended,relating to nondiscrimination in the sale,rental or financing of housing. i. Title 44 Code of Federal Regulations(CFR)Parts 7, 16,and 19 relating to nondiscrimination. j. The requirements on any other nondiscrimination provisions in the specific statute(s)under which the application for Federal assistance is being made. Page 8 Initials —/ 44 k. Will,in the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race,color,religion,national origin,gender,or disability against a recipient of funds,the recipient will forward a copy of the finding to the Office of Civil Rights,Office of Justice Programs. 1. . Will provide an Equal Employment Opportunity Plan,if applicable,to the Department of Justice Office of Civil Rights within 60 days of grant award. in. Will comply;and assure the compliance of all its subgrantees and contractors, with the nondiscrimination requirements and all other provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants,M7100.1. 46. Will comply with the requirements of Titles If and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(42 U.S.C.§4601 et seq.[P.L.91-646]) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs.These requirements apply to all interested in real property acquired for project purposes regardless of Federal participation in purchases.Will also comply with Title 44 CFR,Part 25,Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-assisted programs. 47.Will comply,if applicable,with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973(P.L.93-234)which requires recipients-in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is ten thousand dollars($10,000)or more. 48.Will comply with the Intergovernmental Personnel Act of 1970(42 U.S.C.Sections 4728- 4763)relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration(5 C.F.R.900;Subpart F). 49.Will comply with provisions of the Hatch Act(5 U.S.C.Sections 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. a 50.Will comply,if applicable,with the Laboratory Animal Welfare Act of 1966(P.L.89-544,as - amended,7 U.S.C.2131 et seq.)pertaining to the care,handling,and treatment of warm blooded animals held for research,teaching,or other activities supported by this award of assistance. 51.Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act(29 U.S.C.201),as they apply to employees of institutions of higher education,hospitals,and other non-profit organizations. 52.Will comply,if applicable,with the provisions of the Davis-Bacon Act(40 U.S.C.Section 276a to 276a-7),the Copeland Act(40 U.S.C.Section 276c and 18 U.S.C.Sections 874),and Page 9 Initials dS the Contract Work Hours and Safety Standards Act(40 U.S.C.Sections 327-333),regarding labor standards for Federally-assisted construction sub-agreements. 53.Will comply with Subtitle A,Title II of the Americans with Disabilities Act(ADA)1990. 54.Agrees to comply with the Drug-Free Workplace Act of 1988,and certifies that it will or will continue to provide a drug-tree workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution,dispensing,possession;or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition. b. Establishing an on-going drug-free awareness program to inform employees about: i. The dangers of drug abuse in the workplace; ii. The grantee's policy of maintaining a drug-free workplace; iii. Any available drug counseling,rehabilitation,and employee assistance - programs;and iv. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. c. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph(a). d. Notifying the employee in the statement required by paragraph(a)that,as a condition employment under the grant,the employee will 1. Abide by the terms of the statement;and ii. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. e. Notifying the agency, in writing,within 10 calendar days after receiving notice under subparagraph(d)(2)from an employee or otherwise receiving actual notice of such conviction.Employers of convicted employees must provide notice,including position title,to: San Bernardino County Fire Protection District Office of Emergency Services Attn:Division Manager r 1743 Miro Way f Rialto,CA 20531 Notice shall include the identification number(s)of each affected grant. f. Taking one of the following actions,within 30 calendar days of receiving notice under subparagraph(d)(2),with respect to any employee who is so convicted. i. Taking appropriate personnel action against such an employee,up to and including termination,consistent with the requirements of the Rehabilitation Act of 1973,as amended;or ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by Federal, State,or local health,law enforcement,or other appropriate agency. g. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs(a),(b),(c),(d),(e),and(f). Page 10 Initials l/, 46 55. Will comply with all applicable requirements of all other Federal and State laws,executive orders,regulations,program and administrative requirements,policies and any other requirements governing this program. 56. Will comply with all applicable Federal,State,and Local environmental and historical preservation(EHP)requirements.Failure to meet Federal,State,and Local EHP requirements and obtain applicable permits may jeopardize Federal funding.Will comply with all conditions placed on any project as the result of the EHP review;any change to the scope of work of a project will require reevaluation of compliance with these EHP requirements. 57.Agrees not to undertake any project having the potential to impact the EHP resources without the prior written approval of DHS/FEMA/Cal EMA/County Fire/OES,including,but not --. limited to,ground disturbance,construction,modification to any structure,physical security enhancements,communications towers,and purchase and/or use of any sonar equipment. The subgrantee must comply with all conditions placed on the project as a result of the EHP review.Any construction-related activities initiated without the necessary EHP review and approval will result in a noncompliance finding,and may not be eligible for reimbursement with DHS/FEMA/Cal EMA funding.Any change to the scope of work will require re- evaluation of compliance with the EHP.If ground-disturbing activities occur during the project implementation,the subgrantee must ensure monitoring of the disturbance.If any potential archeological resources are discovered,the subgrantee will immediately cease activity in that area and notify County Fire OES and the appropriate State Historic Preservation Office. 58.Will ensure that the facilities under its ownership,lease or supervision,which shall be utilized in the accomplishment of this project,are not on the Environmental Protection Agency's(EPAs)List of Violating Facilities,and will notify Cal EMA and the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating if a facility to be used in the project is under consideration for listing by the EPA. 59.Will provide any information requested by DHS/FEMA/Cal EMA/County Fire/OES to ensure compliance with applicable laws,including the following: a. Institution of environmental quality control measures under the National Environmental Policy Act,National Historical Preservation Act,Archaeological and Historic Preservation Act,Endangered Species Act,and Executive Orders on Floodplains(11988),Wetlands(11990)and Environmental Justice(EO12898)and Environmental Quality(EOI 1514). b. Notification of violating facilities pursuant to EO 11738. c. Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972(16 U.S.C.§§ 1451 et seq.). d. Conformity of Federal actions to State(Clean Air)Implementation Plans under Section 176(c)of the Clean Air Act of 1955,as amended(42 U.S.C.§7401 et seq.). Page 11 Initials 47 i e. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,as amended,(P.L.93-523). f. California Environmental Quality Act(CEQA).California Public Resources Code Sections 21080-21098.California Code of Regulations,Title 14,Chapter 3 Section 15000-15007. g. Wild and Scenic Rivers Act of 1968(16 U.S.C.§§ 1271 et seq.)related to protecting components or potential components of the national wild and scenic rivers system. h. Applicable provisions of the Coastal Barrier Resources Act(P.L.97-348)dated October 19, 1982(16 USC 3501 et seq.)which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. i. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Pub.L.94-163,89 Stat.871). i The undersigned represents that he/she is authorized by a above named applicant to enter into this agreement for and on behalf of the said applican Signature of Authorized Agent: Printed Name of Authorized Agent: Title: !�l��//'��/Jl"�l— Date:��G \loes-svrllmainfireZES1GRAMSW0MELA.14D SECURrrYNHSGP FY2010SU11-RECIPIEWS AGREEMEM\EY2010 HSGP Subreoipiem Agrwmem.doe Page 12 Initials 4R SAN BERNARDINO COUNTY OFFICE OF EMERGENCY SERVICES Homeland Security Grant Program (HSGP) FY10 Reimbursement Request for Grant Expenditures _Mail Reimbursement Request to: Agency: City of Grand Terrace Citylrown or Special District San Bernardino County Fire/OES Attention: OES Grants Unit 1743 W. Miro Way Rialto, CA 92376 Total Allocation: $ 14,889.00 r� Total Expenditures to Date: $ 0.00 Total Allocation Balance: $ 14,889.00 Grant Expenditures incurred since the last Reimbursement Request: (for the period through ) Equipment Expenditures Training Expenditures Excersie Expenditures Total Reimbursement Request - $ 0.00 Under penalty of perjury, I certify that: • I am the duly authorized officer of the claimant herein •This Claim is in all respects true, correct, and all expenditures were made in accordance with applicable laws, rules, regulations and grant conditions and assurances. Authorized Agent Print Name Phone No. Title E-mail Address Mailing Address Fax No. City, State, Zip Code Signature Date 49 FY2010 HOMELAND SECURITY GRANT PROGRAM nd'no F Project Equipment Description AEL 0 AEL Title TZra Total Cost Equipment B (1) Mobile Data portable computer 04HW-01-MOBL Computer Mobile Data LE 1,200 B (1) Portable Canon EOS Rebel T11 Gadget 04MD-01-CMRA Digital Camera LE 1,08 with Bag NEED PERFORMANCE BOND B (1)Yamaha Rhino ATV 4X4 12VE-WMISS Vehicle, Specialized Mission, LE 12,602 CBRNE Total $ 14,889 Budget C:%DOCUME-I%bsimon%LOCALS-1lTempVO3grpwiseXOrand Terrace P.D;2010 1 of 1 so CITY OF GRAND TERRACE REQUEST FOR PAYMENT VENDOR # Chaparral 6-16-11 VENDOR DATE 555 South "H" Street Public Works STREET ADDRESS REQUESTING DEPARTMENT San Bernardino, CA 924 1 _ CITY STATE ZIP NUMBER OF INVOICES DESCRIPTION (include invoice#and invoice date) ACCOUNT# AMOUNT 5/18/11 - 2009 Yamaha Rhino ATV 4 x 4 - Model 12,602.00 YXR7FSPY { • 9111,11klrl• • • TOTAL: $12,602.00 I CERTIFY THE ABOVE INFORMATION IS CORRECT AND REMAINING BUDGET FUNDS ARE AVAILABLE. Alisa Flann FORM COMPLETED BY FINANCE DIRECTOR DATE DEP TMENT D DATE CITY MANAGER DATE KEEP A COPY OF THIS FORM FOR YOUR RECORDS 51 VGCI YT v•••�•• •• , PURCHASE ORDER Chaparral Motorsports - 555 South "H" Street, San Bernardino, CA 92410 - 909-889-2761 • FAX 909-386-7340 can�ein ® � o�a KzwawW ®GIs �(- r&F'*)KYMCO *SUZL1KL *YAMAHA BUYER HOME PHONE BUS.PHONE DATE 5/18/201Z CITY OF GRAND TERRACE 909-430-2214 CO-BUYER HOME PHONE BUS.PHONE DATE STREET CITY/STATEalP 22795 BARTON RD GRAND TERRACE CA 92313 DESCRIPTION OF PURCHASE SALE PRICE R NEW J YEAR MAKE MODEL 11451-61 ❑ USED 2009 YAMAHA YXR7FSPY BASE PRICE $ SERIAL NO. ENQINE NO, 5Y4AM21YX9A004063 DEALER PREPARATION/FREIGHT $75.0 0 COLOR STOCK NO. DOCUMENT FEES S55.00 ACCESSORIES $0.00 THEFT PROTECTION 0.00 SUBTOTAL $11,581.61 SALES TAX $1, 013.3 9 ?64 r..,cw,GL GIFT CARD $0.00 DMV $0.00 ❑ CASH ❑ CHECK ❑ CC ❑ FINANCE TIRE FEE(CA) $7.00 ACCESSORIES WARRANTY $0.00 SEE RECEIPT INSURANCE $0.00 OTHER $0.00 ACCESSORY INSTALLATION $0.00 DESCRIP77ON OF TRADE YEAR MAKE MODEL TOTAL CASH PRICE $12602-00 SERIAL NO. ENGINE NO. TRADE-IN ALLOWANCE $0.00 TITLE NO. LICENSE N0. LESS BALANCE OWED $0.00 COLOR MILEAGE NETTRADE-IN ALLOWANCE $0.00 LIENHOLDER ADDRESS REBATE $0.00 DOWN PAYMENT $0.00 TOTAL CREDITS .$0.00 BALANCE DUE THERE IS NO COOLING OFF PERIOD California law does not provide for a"cooling off'or other Cancellation perlod for vehicle sales.Therefore.you can Water Cancel this contract simply because you change your mind,decide the vehicle costs too much,or you wish you had acquired a re I'll tter you sign below.you may only cancel this contract with the agreement of the seller or for legal Cause,such as fraud. Buyer's Signature Selle Co-Buyer's Signature / FORM C17961(Rev.04110)1t6..(800)339.9885•(B19)286-7171 52 RNMNaA i,,,I�EDERATFD laSwM + INSURANCE Bond No. 9852295 SUPPLY BOND KNOW ALL PERSONS BY THESE PRESENTS,that we OCELOT ENGINEERING INC DBA CHAPARRAL MOTORSPORTS 555 SOUTH H ST SAN BERNARDINO,CA 92410 as Principal and FEDERATED MUTUAL INSURANCE COMPANY a corporation, organized and existing under the laws of the State of MINNESOTA and having its principal place of business at 121 East Park Square,PO Box 326,Owatonna,Minnesota,as Surety,are held and firmly bound unto CITY OF GRAND TERRACE 22795 BARTON RD GRAND TERRACE,CA 92313 as Obligee: in the sum of ELEVEN THOUSAND FOUR HUNDRED FIFTY-ONE AND 61/100 Dollars($ 11.451.61 for payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Principal has by written agreement dated 06/23/11 entered into a contract with Obligee for TO SUPPLY"ONLY"A 2009 YAMAHA YXR7FSPY THE CONDITION OF THIS OBLIGATION is such that,if Principal shall promptly and faithfully perform said contract, , then this obligation shall be null and void;otherwise it shall remain In full force and effect. Signed and sealed this 15TH day of JULY 2011 OCELOT ENGINEERING INC DBA CHAPARRAL MOTORSPORTS (Principal) By: (Titte) FEDERATED MUTUAL INSURANCE COMPANY l By: 4 � t KELLY HAG (attomey4n-tact) AF-21 Ed.7-00 53 J John Burr Cycles Inc. 9008 Sierra ave n FAMILY TRADITION orMOTORM LINgSINCE 19,! Fontana Ca. 923 HONOA • YAMAHA • KAWASAKI 9008 Sierra,Avenue 9 Fontana,California 02335 Office:(909)823.1336 Fax:(909)823-1552 ATTN; CITY OF GRAND TERRACE PRICE QUOTE; 2011 Yamaha YXR7FAR (RHINO) UNIT PRICE _ $11299.00 DOC AND FRIEGHT $ 344.00 CAKIFORNIATA.X 8.75% $1019-00 DMV IF APLICABLE $59.00 PERFORMANCE BOND $382.50 IF APPLICABLE TOTAL $13102.50 HANK OBERMEYER SALES MANAGER r ra The Inland Empire's Motor Sports Authority for Over 40 Years! VEHICLE QUOTE FOR THE CITY OF GRAND TERRACE ONE NEW YAMAHA RHINO ATV 4X4 • PRICING INCLUDES TAX AND LIC • PERFOMANCE BOND TOTAL PRICE IS$12,800.00 GREG JELLERSON HONDA YAMAHA OF REDLANDS 909-793-2833 a SS CALIFORNIA AGENDA REPORT MEETING DATE: September 13, 2011 Council Item ( X ) CRA Item ( ) TITLE: Resolution Establishing a Policy which Delegates Tort Liability Claims Handling Responsibilities to the California . Joint Powers Insurance Authority as Authorized by Government Code Section 910, Et Seq. PRESENTED BY: Tracey Martinez, Interim City Clerk RECOMMENDATION: Adopt Resolution Establishing a Policy which Delegates Tort Liability Claims Handling Responsibilities to the California Joint Powers Insurance Authority as Authorized by Government Code Section 910, Et Seq. BACKGROUND: \, The City of Grand Terrace is a member of the California Joint Powers Insurance v Authority Pool. As a member, the General Liability Coverage includes bodily, personal injury, or property damage to a third party resulting from a member activity. The general liability program also provides automobile liability coverage. The California JPIA handles all claims that are made against the City from inception to closing and they contract with Carl Warren & Company to investigate and respond to all claims. Currently if a person wishes to make a claim against the City, they are required to file a . formal claim and the City Clerk forwards the claim to Carl Warren & Company who reviews each claim for its merits and contacts the member with a requested action based upon the review's findings. When it is determined that a claim should be rejected, there are two courses of action that can be taken: 1. The City Council can take no action. The Claim will then be deemed rejected by course of law 45 days after it was first presented to the City Clerk. Under this scenario, the time period in which a lawsuit may be filed is two years from the date of the occurrence or 2. The City Council may choose to reject the claim at a public meeting, and then direct the City Clerk to send written notice of rejection. Under this scenario, the time period in which a claimant may file a law suit is reduced to six months following the rejection. DISCUSSION: COUNCIL AGENDA ITEM NO,3- 57 In addition to the already mentioned procedure for handling claims, there are two alternative procedures that the Council may choose to utilize. The City Council may, by ,resolution, delegate the claims handling responsibility to a member of the staff who will reject claims, shortening the time period in which to file a lawsuit to six months or they may, by resolution, delegate the claims handling responsibility in its entirety to the Authority, allowing the Authority to send notice of the rejection and shortening the time period in which to file a lawsuit to six months. California JPIA conducted a Risk Management Evaluation on June 9, 2010 and as a result of that evaluation presented the City with a Recommended LossCAP Action List that consisted of items that they felt should be updated, implemented or corrected. One of the suggested items is to delegate the claims handling responsibility in. its entirety to the Authority, which would streamline and shorten the Claim Reporting procedure. RECOMMENDATION: In an effort to comply with CJPIA's recommended LossCAP Action List and to streamline and shorten the Claim Reporting procedure, it is staffs recommendation that the City Council adopt a Resolution establishing a policy which delegates tort liability claims handling responsibilities to the California Joint Powers Insurance Authority as authorized by Government Code Sections 910, et seq. and to direct the Interim City Clerk to complete the Delegation of Claims Handling Response Form, authorize the City Manager to sign it and to forward it along with a certified copy of the adopted resolution to the California Joint Powers Insurance Authority. FISCAL IMPACT: The City of Grand Terrace is a member of the California JPIA Pool and this is an option that is offered to all of their members. There would be no fiscal impact to the City with this action. Respectfully submitted: Tracey R. P&rtinez, Interim Cit Clerk Manager Approval: Betsy . Ad ms, City Manager ATTACHMENTS: A. Resolution of the City Council of the City of Grand Terrace Establishing a Policy Which Delegates Tort Liability Claims Handling Responsibilities to the S� California Joint Powers Insurance Authority as Authorized by Government Code Sections 910, Et Seq. B. Delegation of Claims Handling Response Form 59 ATTACHMENT A Resolution Establishing a Policy which Delegates Tort Liability Claims Handling Responsibilities to the California Joint Powers Insurance Authority as Authorized by Government Code Sections 910 et seq. 60 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ESTABLISHING A POLICY WHICH DELEGATES TORT LIABILITY CLAIMS HANDLING RESPONSIBILITIES TO THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY AS AUTHORIZED BY GOVERNMENT CODE SECTIONS 910, ET SEQ. THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, The City of Grand Terrace is a member of the California Joint Powers Insurance Authority (California JPIA), and pursuant to Government Code sections 990.4, et seq. and 6500 et.seq. pools its self-insured liability claims and losses with other California JPIA members under a Memorandum of Coverage; and WHEREAS, the Joint Powers Agreement creating the California JPIA authorizes it to exercise powers common to members and appropriate to defend and indemnify members from liability claims under the Memorandum of Coverage, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Grand Terrace delegates to California JPIA authority to act on its behalf pursuant to Government Code Sections 910, et seq. to accept, reject, return as insufficient, or return as untimely any claims against it, and to provide any notices authorized under those statutes on behalf of the City of Grand Terrace. SECTION 2. This Resolution shall become effective immediately upon its adoption. SECTION 3. The City of Grand Terrace City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13th day of September, 2011. ATTEST: City Clerk of the City of Grand Terrace Mayor of the City of Grand Terrace and and of the City Council thereof of the City Council thereof 61 RESOLUTION NO. 2011- Page 2 1 TRACEY R. MARTINEZ, Interim City Clerk of the City of Grand Terrace, California, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 13th day of September, 2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Approved as to form: City Attorney Interim City Clerk 67 ATTACHMENT B Delegation of Claims Handling Response Form 63 Delegation of Claims Handling Response Form CA Lr I A I � - ln Please return the completed response form indicating the claims handling process your agency has chosen to employ, and the applicable resolution. The response form and approved resolution should be provided via mail or fax to: Edith Avina, Secretary California JPIA 8081 Moody Street La Palma, CA 90623 _ Fax: (562) 860-4992 The has determined the liability claims handling (Legislative Body) responsibility for as follows: (Agency) ❑ Pursuant to Government Code Sections 910.8, 911.3, 911.6, 912.6,the legislative body of a local public agency may resolve a claim against the local public agency. ❑ Government Code Section 935.4 provides that a local public entity may authorize an employee of the local public entity to resolve a claim against the local public entity. (Return the attached Resolution Delegating Basic Claims Handling to Agency Staff) ❑ Pursuant to Government Code Sections 910 et seq., the legislative body may delegate the claims handling process in its entirety to the California JPIA. (Return the attached Resolution Delegating Claims Handling to the California JPIA) Agency Administrator(signature) Agency Administrator(please print) Agency Date 64 CALIfPORN1A AGENDA REPORT MEETING DATE: September 13, 2011 Council Item (X) CRA Item ( ) TITLE: Treasurer's Report- March 31, 2011 PRESENTED BY: Bernie Simon, Finance Director RECOMMENDATION: Approve BACKGROUND: Treasurer's Report of Cash and Investments should be presented to the governing body quarterly. This reports all cash held and invested by the city. All fiscal agent funds are related to bond issues for which the city has limited authority to access and invest funds as controlled by the bond indenture DISCUSSION: Quarter-to-Date Total cash and investments increased $265,387 or 1.53% over the previous quarter end with a total of $17,318,716. The majority of the cash increase is attributable to the normal influx of revenue receipts in the second quarter of the fiscal year. The average yield continues to decline as investment income yields continue to decline. LAW net yield is now approximately .51% in March 2011 compared to 1.51% in June 2009. Overall cash and investments, including cash with fiscal agent, increased 1.43% for the quarter for a total of$18,618,716. Prior Year-to-Date Total cash and investments decreased $1,490,403 or (8.61) % over the previous year from a total of $18,809,119. The majority of the cash decrease is generally attributable to the decrease in revenue receipts compared to the prior fiscal year. Overall cash and investments, including cash with fiscal agent, decreased (8.0) % compared to the same time a year ago. COUNCIL AGENDA ITEM NO.3F 66 Fiscal Year-to-Date Compared to Previous Quarter Change in Treasury Position Dec 31 March 31 % 2010 2011 Change Chg Investment Pools 14,829,888 15,378,021 548,133 3.56 Investment Instruments 1,081,029 1,081,031 2 0 Funds with Institutions 1,142,412 859,664 (282,748) (32.8) Total Cash and Investments $17,053,329 $17,318,716 265,387 1.53 Funds with Fiscal Agent 1,300,000 1,300,000 0 0 Total $18,353,329 $18,618,716 $265,387 1.43 Fiscal Year-to-Date Compared to Previous Year March 31 March 31 % 2010 2011 Change Chg Investment Pools 16,750,980 15,378,021 (1,372,959) (8.93) Investment Instruments 1,081,040 1,081,031 (9) (0) Funds with Institutions 977,099 859,664 (117,435) (13.6) Total Cash and Investments $18,809,119 $17,318,716 ($1,490,403) (8.61) Funds with Fiscal Agent 1,300,000 1,300,000 0 0 Total $20,109,119 $18,618,716 ($1,490,403) (8.00) FISCAL IMPACT: This report is for informational purposes only. There is no financial impact due to this report. Respectfully submitted: 67 Bernie Simon, Finance Director Manager Approval: Betsy Adarfii, City Manager ATTACHMENTS: Treasurer's Report—March 2011 68 rl CALIFORNIA City of Grand Terrace CRA of Grand Terrace Cash&Investment Report March 31,2011 FUNDS IN INVESTMENT POOLS Book PAR Market Yield Maturity California Asset Management Program 3,867,938 3,867,938 3,872,820 0.180% n/a State Treasurer-tAIF: City Account 53,099 53,099 53,099 0.460% n/a CRA Account 11,456,984 11,456,984 11,456,984 0.460% n/a TOTAL 15,378,021 15,378,021 15,382,903 INDIVIDUAL INVESTMENT INSTRUMENTS US Bank Safekeeping : First American Treas Oblig Fnd 1,071,782 1,071,782 1,071,782 0.001% n/a First Financial Equity-Money Market 9,249 9,249 9,249 0.050% n/a TOTAL 1,081,031 1,081,031 1,081,031 Account Insured Other Total FUNDS WITH BANK INSTITUTIONS Name Deposits Deposits Deposits Yield Maturity_ Bank of America General 510,176 0 510,176 0.000% n/a Bank of America Savings 250,000 32 250,032 0.150% n/a Bank of America Payroll 5,456 0 5,456 0.000% n/a Bancomer CD 94,000 0 94,000 3.200% 6/8/12 TOTAL 859,632 32 859,664 Duration GRAND TOTAL Book Market Ave Days Ave Rate INVESTMENTS 16,803,084 16,807,966 1.08 0.3660/6 CASH 515,632 515,632 GRAND TOTAL 17,318,716 17,323,598 Financing FUNDS WITH FISCAL AGENT Issue Book Par Market Yield Maturity First American Treasury Obligations 2004 TABS 1,300,000 1,300,000 1,300,000 0.001% n/a TOTAL FISCAL AGENT 1,300,000 1,300,000 1,300,000 69 r. CA' I'FORNIA AGENDA REPORT MEETING DATE: September 13, 2011 Council Item (X) CRA Item ( ) TITLE: Treasurer's Report—June 30, 2011 PRESENTED BY: Bernie Simon, Finance Director RECOMMENDATION: Approve BACKGROUND: Treasurer's Report of Cash and Investments should be presented to the governing body quarterly. This reports all cash held and invested by the city. All fiscal agent funds are related to bond issues for which the city has limited authority to access and invest funds as controlled by the bond indenture DISCUSSION: Quarter-to-Date On June 16, 2011, the CRA received $18,528,672 of proceeds from the sale of the 2011A and 2011E Tax Allocation Bonds and an additional $1,280,894 required bond reserve was established with the Trustee from other proceeds. When bond proceeds are excluded from the total cash and investments, there is actually an increase of only $1,361,625 quarter-to-date. Total cash and investments increased $19,890,297 or 53.46% over the previous quarter end with a total of $37,209,013. The majority of the non-bond proceeds cash increase is attributable to the normal influx of revenue receipts, consisting primarily of property taxes in the second quarter of the fiscal year. The average yield continues to stay low as investment income yields continue to decline. LAW net yield is now approximately .48% in June 2011 compared to 1.51% in June 2009. Overall cash and investments, including cash with fiscal agent, increased 53.2% for the quarter for a total of$39,789,907. COUNCIL AGENDA ITEM No.3� 71 Prior Year-to-Date Total cash and investments increased $18,330,250 or 49.26% over the previous year from a total of $20,178,793. Excluding bond proceeds, cash decreased $198,422 from the previous year. The majority of the cash decrease is generally attributable to the decrease in revenue receipts compared to the prior fiscal year and the SERAF payment of$448,636 paid in May 2011. Overall cash and investments, including cash with fiscal agent, increased 49.2% compared to the same time a year ago. Fiscal Year-to-Date Compared to Previous Quarter Change in Treasury Position March 31 June 30 % 2010 2011 Change Chg Investment Pools 15,378,021 34,293,792 18,915,771 55.1 Investment Instruments 1,081,031 1,081,032 1 0 Funds with Institutions 859,664 1,834,189 974,525 53.1 Total Cash and Investments $17,318,716 $37,209,013 19,890,297 53.4 Funds with Fiscal Agent 1,300,000 2,580,894 1,280,894 49.6 Total $18,618,716 $39,789,907 $21,171,191 53.2 Fiscal Year-to-Date Compared to Previous Year June 30 June 30 % 2010 2011 Change Chg Investment Pools 17,341,092 34,293,792 16,952,700 49.4 Investment Instruments 1,081,042 1,081,032 (10) 0 Funds with Institutions 456,629 1,834,189 1,377,560 75.1 Total Cash and Investments $18,878,763 $37,209,013 $18,330,250 49.2 Funds with Fiscal Agent 1,300,000 2,580,894 1,280,894 49.6 Total $20,178,763 $39,789,907 $19,611,144 49.2 FISCAL IMPACT: This report is for informational purposes only. There is no financial impact due to this report. Respectfully submitted: Bernie Simon, Finance Director Manager Approval: Bets . Ad ms, City Manager ATTACHMENTS: Treasurer's Report—June 2011 f CALIFORNIA City of Grand Terrace CRA of Grand Terrace Cash&Investment Report June 30,2011 r� FUNDS IN INVESTMENT POOLS Book PAR Market Yield Maturity California Asset Management Program 3,869,179 3,869,179 3,875,279 0.120% n/a State Treasurer-LAW: City Account 3,453,165 3,453,165 3,453,165 0.480% n/a CRA Account 26,971,448 26,971,448 26,971,448 0.480% n/a TOTAL 34,293,792 34,293,792 34,299,892 INDIVIDUAL INVESTMENT INSTRUMENTS US Bank Safekeeping : First American Treas Oblig Fnd 1,071,782 1,071,782 1,071,782 0.001% n/a First Financial Equity-Money Market. 9,250 9,250 9,250 0.050% n/a TOTAL 1,081,032 1,081,032 1,081,032 Account Insured Other Total FUNDS WITH BANK INSTITUTIONS Name Deposits Deposits Deposits Yield Mato Bank of America General 1,454,600 0 1,454,600 0.000% n/a Bank of America Savings 250,000 31 250,031 0.150% n/a Bank of America Payroll 35,558 0 35,558 0.000% n/a Bancomer CD 94,000 0 94,000 3.200% 6/8/12 TOTAL 1,834,158 31 1,834,189 Duration GRAND TOTAL Book Market Ave Days Ave Rate INVESTMENTS 35,718,855 35,724,955 1.01 0.414% CASH 1,490,158 1,490,158 GRAND TOTAL 37,209,013 37,215,113 Financing FUNDS WITH FISCAL AGENT Issue Book Par Market Yield Maturity First American Treasury Obligations 2004 TABS 1,300,000 1,300,000 1,300,000 0.001% n/a First American Treasury Obligations 2011 TABS 1,280,894 1,280,894 1,280,894 0.001% n/a TOTAL FISCAL AGENT 2,580,894 2,580,894 2,580,894 74 �J CALI'FORNIA AGENDA REPORT MEETING DATE: September 13, 2011 Council Item (X) CRA Item ( ) TITLE: FY 2011-12 Appropriations Limit PRESENTED BY: Bernie Simon, Finance Director RECOMMENDATION: 1) Select the Change in Per Capita Personal Income for Fiscal Year 2011-2012 of 2.51% for Appropriation Limit Calculation 2) Select the Population Change for County of San Bernardino for Fiscal Year 2011-2012 of 1.05% for Appropriation Limit Calculation. 3) Adopt Resolution Establishing FY 2011-2012 Appropriation Limit for the City of Grand Terrace at $10,187,907. j BACKGROUND: Article XIII-B of the California Constitution was adopted as Proposition 4 in the November 1979 General Election. Proposition 4 established an appropriations limit from proceeds of taxes for each governmental entity in the State of California. The appropriations limit is unique to each governmental entity and must be determined annually. Redevelopment is not subject to appropriations limit. The intent is to provide certain limitations and controls on government spending at all levels of government in the State, but these restrictions are intended by legislature to be applied in a reasonable and practical manner so as to allow some flexibility to meet constantly changing conditions and needs of the citizens for governmental services. The appropriation limit of the City is the "proceeds from taxes", as defined, adjusted annually by changes to the population, cost of living, or nonresidential new construction. The Department of Finance shall notify each local agency, no later than May 1st of each year, of the change in cost of living or change in California per capita personal income, whichever is less, and the population for each local agency for the prior calendar year. COUNCIL AGENDA ITEM NO.3N 76 DISCUSSION: Proposition 111, passed in June 1990, made several changes to the method to be used in calculating the limit. These changes allow that the Population Factor may be the change in population of the City or the change in population of the County. I have included a copy of the State Department of Finance list of population changes for the County and cities therein. Proposition 111 also changed the Price Factor to be a choice of the change in California per capita income or the change in the local assessment roll due to the addition of local nonresidential new construction. Council must make their selection annually on each option by recorded vote. Redevelopment appropriations are not subject to the Appropriations Limit. At present, an appropriation cushion of$7,816,797 exists before the limitation would impact the City. The new appropriations limit is an increase of 3.61% from last year. Accompanying this staff report is the Appropriations Limit Resolution calculations for the City of Grand Terrace with supporting documentation. AVAILABLE FACTORS: FY 2011 -2012 ED Per Ca ita Personal Income Chan a California 2.51% %Chan a in Local Nonresidential Construction -0.0%Po ulation Ch a for:Grand Terrace OF 0.62% Population Chan a for an Bernardino County 1.05% SELECTED FACTORS USED A)%Change in Per Capita Personal Income 1.0251 (Expressed as a Ratio) D)Population Change for County of San Bernardino (Expressed as a Ratio) 1.0105 CALCULATION FACTOR FOR FY 2011-2012 1.03586 1.0251 X 1.0105 FY 2011-12 APPROPRIATION LIMIT CALCULATION Prior Year(FY 2010-11)Appropriation Limit $9,835,216 Multiplied by Allowable Increase Factor X 1.03586 New APPROPRIATION LIMIT MAXIMUM FY 2011 - 2012 APPROPRIATION LIMIT(SCH 1) $ 10,187,90 AMOUNT OF APPROPRIATIONS SUBJECT TO LIMITATION FY 2011-2012 estimated Proceeds from Taxes(SCH 2) $2,371,110 AMOUNT UNDER(OVER)APPROPRIATIONS LIMIT $ 7,816,797 77 i FISCAL IMPACT: None by this Action. Respectfully submitted: Bernie Simon, Finance Director Manager Approval: Betsy . Adams, City Manager ATTACHMENTS: 1) May 2011 DOF Price/ Population Statistics 2) Resolution 2011= 78 „ NT O., a z W IIII a 0 M DEPARTMENT OF EDMUND G, BROWN JR. • GOVERNOR 041,roaN,p,F I N AN C E 91 5 L STREET■ SACRAMENTO CA■ 959 1 4-3 706 ■WWW.00F.CA.GOV May 2011 Dear Fiscal Officer: Subject: Price and Population Information Appropriations Limit The California Revenue and Taxation Code, Section 2227, mandates the Department of Finance (Finance) to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January 1, 2011, in conjunction with a change in the cost of living, or price factor,to calculate their appropriations limit for fiscal year 2011-2012. Enclosure I provides the change in California's per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2011-2012 appropriations limit. Enclosure II provides city and unincorporated county population percentage changes, and Enclosure IIA provides county's and incorporated area's summed population percentage changes. The population percentage change data excludes federal and state institutionalized populations and military populations. Population Percent Change for Special Districts Some special districts must establish an annual appropriations limit. Consult the Revenue and Taxation Code, Section 2228 for further information regarding the appropriation limit. You can access the Code from the following website: "http://www.leginfo.ca.Qov/calaw.html”check box: "Revenue and Taxation Code" and enter 2228 for the search term to learn more about the various population change factors available to special districts to calculate their appropriations limit. Article XIII B, Section 9(C), of the State Constitution exempts certain special districts from the appropriations limit calculation mandate. Consult the following F website: "http://www.le.info.ca.Qov/.const/.article 1313"for additional information. Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this issue should be referred to their respective county for clarification, or to their legal representation, or to the law itself. No State agency reviews the local appropriations limits. Population Certification The population certification program applies only to cities and counties. The Federal 2010 Census population counts for cities and counties have been certified to the State Controller's Office. Revenue and Taxation Code Section(11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller's Office. Finance will certify the higher estimate to the State Controller by June 1,2011. Please Note: The population estimates provided in this report incorporate 2010 Census numbers as benchmarks. Therefore,the population estimates for 2010 and 2011 published in this report for your jurisdiction may be noticeably different from the previous year estimates. If you have any questions regarding this data, please contact the Demographic Research Unit at (916)323-4086. 79 May 2011 Enclosure A. Price Factor: Article XIII B specifies that local jurisdictions select their cost-of-living factor to compute their appropriation limit by a vote of their governing body. The cost-of-living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the 2011-2012 appropriation limit is: Per Capita Personal Income Fiscal Year Percentage change (FY) over prior year 2011-2012 2.51 B. Following is an example using sample population change and the change in - California per capita personal income as growth factors in computing a 2011-2012 appropriation limit. 2011-2012: Per Capita Cost of Living Change =2.51 percent Population Change=0.77 percent Per Capita Cost of Living converted to a ratio: 2.51 + 100 = 1.0251 100 Population converted to a ratio: 0.77 + 100 = 1.0077 100 Calculation of factor for FY 2011-2012: 1.0251 x 1.0077= 1.0330 80 Enclosure II Annual Percent Change in Population Minus Exclusions January 1,2010 to January 1,2011 and Total Population,January 1,2011 Total County Percent Change -- Population Minus Exclusions -- Population City 2010.2011 1-1-10 1-1-11 1-1-2011 San Bernardino Adelanto 1.22 30,699 31,073 31,671 r Apple Valley 0.82 69,100 69,668 69,668 Barstow 1.92 22,015 22,438 22,839 Big Bear Lake 0.68 5,017 5,051 5,051 Chino 1.25 70,108 70,986 78,537 Chino Hills 0.91 74,663 75,345 75,345 Colton 0.76 52,103 52,498 52,498 Fontana 1.54 195,453 198,456 198,456 Grand Terrace 0.62 12,034 12,109 12,109 Hesperia 0.65 90,139 90,726 90,726 Highland 0.69 53,080 53,444 53,444 Loma Linda 0.64 23,185 23,333 23,395 Montclair 1.11 36,624 37,031 37,031 Needles 0.72 4.839 4,874 4,874 Ontario 0.98 163,794 165,392 165,392 Rancho Cucamonga 1.87 165,101 168,181 168,181 Redlands 0.77 68,703 69,231 69,231 Rialto 0.94 99,092 100,021 100,021 San Bernardino 0.59 208,152 209,373 211,076 Twentynine Palms 2.96 11,379 11,716 24,646 Upland 0.68 73,703 74,207 74,207 Victorville 1.61 111,056 112,848 117,219 Yucaipa 0.73 51,341 51,717 51,717 r- Yucca Valley 0.72 20,686 20,834 20,834 Unincorporated 0.87 282,242 284,699 294,229 County Total 1.05 1,994,308 2,015,251 2,052,397 (-)Exclusions include residents on federal military installations and group quarters residents in state mental institutions,state and federal correctional Institutions and veteran homes. Pagel 81 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ESTABLISHING THE FISCAL YEAR 2011-12 APPROPRIATIONS LIMIT PURSUANT TO ARTICLE XIII-B OF THE STATE CONSTITUION AS REQUIRED BY CALIFORNIA CODE SECTION 7910 WHEREAS, Article XIII-B of the California Constitution requires that an Appropriations Limit be determined and established annually of each governmental entity within the State of California; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the City Council of the City of Grand hereby establishes the Fiscal Year 2011-12 Appropriations Limit pursuant to Article XIII-B of the State Constitution as required by California Government Code Section 7910. Section 2. That the limits determined in Exhibit "A" attached hereto and incorporated herein by reference is the established limit for Fiscal Year 2011-12. Section 3. That the City of Grand Terrace, as shown in Exhibit "A", has complied with the limit imposed on appropriations and that all proceeds of taxes were appropriated for fiscal year 2011-12. PASSED, APPROVED AND ADOPTED this 13th day of September 2011. ATTEST: City Clerk, Mayor of the City of Grand City of City of Grand Terrace Terrace az RESOLUTION NO. 2011- EXHIBIT A SCHEDULE 1 City of Grand Terrace Appropriations Limit Calculation FY 2011-12 A. Appropriations Limit from prior year— FY 2010-11 $9,835,216 X B. Factors Selected for Calculations 1) % Change in Per Capita Personal Income 1.0251 (Expressed as a Ratio) 2) Population Change for County of San Bernardino 1.0105 (Expressed as a Ratio) Maximum Permitted Growth Rate % per Proposition 111 (1.0251 X 1.0105) 1.03586 C. New Appropriations Limit for - FY 2011-12 $10,187,907 ($9,835,216 X 1.03586) 83 RESOLUTION NO. 2011- EXHIBIT A City of Grand Terrace Calculation of Proceeds from Taxes BUDGETED REVENUES FY 2011-12 SCHEDULE 2 Proceeds Non-Proceeds Total From Other than Taxes Taxes (Fees, etc) Property Taxes 1,358,835 Homeowner's Property Tax Relief 4,675 Real Property Transfer Tax 13,000 Sales Taxes Incl In-Lieu 862,000 Franchise Fees 434,230 Business Licenses 83,000 Dog Licenses 16,000 Pavement Impact Fee 24,180 Child Care Fees 1,002,050 RENTAL INSPECTION FEES 62,250 Planning Fees 17,850 Engineering and Building Fees 85,000 Interest allocated 48%/52% 9,600 10,400 NPDES Fees 11,000 Motor Vehicle in Lieu 40,000 Rent of City Facilities 33,130 RESIDUAL RECEIPTS AGMT 300,000 Misc. Non Tax from Sch 3 484,771 County Article 19 Revenue 38,000 Total General Fund 2,371,110 2,518,861 4,889,971 Street Fund Fees and Interest 7,000 Storm Drain Fund—Fees and 350 Interest Park Fund - Fees and Interest 7,100 AB3229 COPS Grant 0 Air Quality Fund- DMV Fee 14,250 subvention Gas Tax Fund A & Interest 405,860 Traffic Safety Fund—Court Fines 70,000 Facilities Fund 200 Measure"[" Fund B 216,913 Waste Water Fund—User fees 1,495,300 and interest Lighting Landscape Maintenance— 14,335 Assessments CDBG 110,100 Bike Lane Project 0 Street Capital Projects 828,732 Barton Bridge Project 94,088 TOTAL 2,371,110 5,783,089 8,154,199 (A) Exemption under$0.09/Gallon; cities receive approx.0339/Gallon from Gas Tax (B) Exempted from calculation 94 RESOLUTION NO. 2011- EXHIBIT A City of Grand Terrace Calculation of Proceeds from Taxes MISC NON-TAX ITEMS BUDGETED REVENUES FY 2011-12 SCHEDULE 3 YARD AND GARAGE SALE 1,000 TRANSFER IN 5,000 SIGN PLACEMENT PERMITS 1,000 CANDIDATE STATEMENT FEES 0 MISC PERMITS 500 EECCBG 69,649 EMERGENCY ASST GRANT 4,175 HOME OCCUPATION PERMITS 600 HOUSEHOLD HAZARDOUS 11,900 WASTE RECREATION FEES 0 SALE OF MAPS AND PUBS 500 RETURNED CHECK FEES 100 PARK LIGHT& USE FEES 10,950 MISC REVENUE 1,000 INSURANCE REFUNDS 0 FINES &PARKING CITES 12,500 SALE OF PROPERTY 365,897 Total Misc-Non Tax— To Sch 2 484,771 RS CALIFORNIA AGENDA REPORT MEETING DATE: September 13, 2011 Council Item ( X ) CRA Item ( ) TITLE: Soliciting License Application — Shawn Price PRESENTED BY: Tracey Martinez, Interim City Clerk RECOMMENDATION: Authorize the Interim City Clerk to issue a Soliciting License to Shawn Price to solicit Financial Services of Edward Jones in the City of Grand Terrace one to two days each week between Monday and Saturday during the hours of 10:00 a.m. and 5:00 p.m. only which will expire on September 13, 2012 BACKGROUND: Chapter 5.64 of the Grand Terrace Municipal Code allows for the act of Peddling, Soliciting and Hawking within City limits as long as a license is obtained to do so. The code specifies that a completed application be submitted to the City Clerk's Office along with a $50.00 non-refundable processing fee. A copy of the application is to be forwarded to the to the Sheriffs Department to conduct a background check. Licenses are issued for a one-year period. The applicant will have to re-apply as a new applicant each year. Once the Council approves the issuance of a Peddling, Soliciting or Hawking license, the applicant is required to obtain a City Business License as well. DISCUSSION: The City Clerk's Department received an application for Soliciting from Mr. Shawn Price to conduct business within the City. Mr. Price is a financial advisor with Edward Jones and will be soliciting the financial services of Edward Jones and he plans to go door to door within City limits one to two days per week between Monday and Saturday during the hours of 10:00 a.m. and 5:00 p.m. Mr. Price submitted a complete application along with his required processing fee. The application was forwarded to the Sheriffs Department and after their review they reported that they had no objection to the City issuing the license. RECOMMENDATION: COUNCIL AGENDA ITEM NO.31 Q7 It is staffs recommendation that Council authorize the Interim City Clerk to issue a . Soliciting License to Mr. Price to solicit within the City limits one to two days per week between Monday and Saturday during the hours of 10:00 a.m. and 5:00 p.m. only which will expire on September 13, 2012. FISCAL IMPACT: There would be no fiscal impact to the City with this action. Respectfully submitted: Tracey R. Martine , Interim Ci lerk Manager Approval: 'Betsy . Ada s, City Manager ATTACHMENTS: A. City of Grand Terrace Application for Peddling, Soliciting or Hawking License submitted by Mr. Price SS i ATTACHMENT A City of Grand Terrace Application For Peddling, Soliciting or Hawking License Submitted by Shawn Price s9 AV CITY I CITY OF GRAND TERRACE RM APPLICATION FOR IMPIM PEDDLING, SOLICITING OR HAWKING LICENSE DECEIVED (nwuANT To mIQuiRwaam OF CHAPTP1t 5.64,GRAND TFRRACE MUNICIPAL CODE) AUG 15 2011 TO: CITY CLERK'S DEPARTMENT CITY OF GRAND TERRACE Cr1Y OF GRAND TERRACE 22795 BARTON ROAD Y CLERK'S DEPARTMENT GRAND TERRACE,CA 92313 APPLICATION IS HEREBY MADE FOR A CITY OF GRAND TERRACE LICENSE TO ENGAGE IN THE BUSINESS OF PEDDLING OR HAWKING GOODS, WARES, MERCHANDISE OR SOLICITING ORDERS FOR GOODS OR SERVICES,OR OF OFFERING SERVICES FOR REPAIR OR IMPROVEMENT OF REAL PROPERTY EXCEEDING $2S.00 IN COST OR VALUE WITH THE CITY OF GRAND TERRACE, PURSUANT TO THE PROVISIONS OF CHAPTER 5.64, GRAND TERRACE MUNICIPAL CODE, WITH THE KNOWLEDGE THAT, IF APPROVED THE REQUIRED LICENSE FEE SHALL BE PAID TO THE CITY OF GRAND TERRACE FINANCE DEPARTMENT. I. Applicant's Le Nam: -5 WAuu Q WILL VON I MA C LS _ `^"00'A- Address: 117 W, *a Rd1D%.FA f% CM51 (Number&Street) I (City&Zip) (Telephone) IF RELIGIOUS OR NONPROFIT,ANSWER THE FOLLOWING: 9 0q 307-,01 S 317 Business Address: N�+4 Date Articles of Incorporation Filed with the City Clerk's Office: N JAV 2. Applicant, partners or other persons who will engage in soliciting or hawking(note: each person must obtain a separate license): 5 40-wa Utz;ct� Name Social Security Number Driver's License Number Name Social Security Number i!ZlpXer's Licens(Number - N/lam Name Social Security Number Driver's License Number 3. Specific locations and time of day applicant intends to hawk,peddle or solicit at each location(written permission of property owner must be submitted with application for all hawkers license): FmT w,& erry o 1` Ga,ANn ff-pre 2. l e :na Non AAAp VQ In 5,b e baE- ro'Two PAYS N W e4a%L lr<1 hmye-, $V1! aLwy-%P 'Tt m& P.uo P 1-,tI3 . 4. The supplier of the goods to be sold and a description of every type of merchandise or service that applicant proposes to hawk,peddle or solicit. 'I AM Ik 'Fi IJ%.VCA Q� PCW Isc L W v tT EDwR 4'I W IL 13>: 75aLIG1'CtU(t -fA FtNPAJCAnt- S Ct�s BOWA"-ZU/JE3 S. Type of operation(peddling, soliciting,hawking): SO L 1 C.YT t N ft-- 6. Has applicant or persons named in section 2 of this application ever been convicted of theft,fraud,burglary,battery,or been a sex offender in California? ( )Yes (0)No(Failure to provide correct information will result in denial or revocation of license.) Explanation(Give reason and disposition): L4/A, 7. Description: Hair bPa-IJ Eyes ftGwN weight Z6n Race V)I+iTr-- 8. Birth Date 1-lS- 1a15Gt Place of Birth &P L T Lam C%T% If naturalized, place&Date (*Married ( )Single Maiden Name -11 6H Spouse's Name re+LtZA.SG,:t4 9. Have you ever used any other name( )Yes ( No If sJ,give name or names and reasons for use: N/Pr 90 tU. Lo you nave a permit to carry a conceaea weapont t ) i es IN ro it so,give name or names and reasons for use: NIA 11. Occupation and employment during th past five years: F NANGtt4 PrOVu EflwR-A10J,"rEs 1,74, W. PARpe- A-ue-sfi>E- (w REJIJL1,as GA az-%-7 3 Firm VL Ml9ewc�L�ucH 4141 IML 6,r.ptn,r='�w�l Oar ca c+a a y Of Occupation 'f7 acv swz. Firm Address Occupation Firm Address Occupation Firm Address Occupation Firm Address Occupation A copy of the State Sales Tax Permit(California Revenue and Taxation Code 6066)Must be attached to the application. I, THE UNDERSIGNED,HEREBY DECLARE THAT I HAVE CAREFULLY READ SECTION 5.64 OF THE GRAND TERRACE MUNICIPAL CODE; THAT I UNDERSTAND IT THOROUGHLY AND WILL CARRY OUT EVERY A PROVISION THEREOF. I FURTHER STATE-THAT,THFt STATEMENTS AND,ANSWERS-CONTAINED IN THIS APPLICATION-ARt TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF, KNOWING,THAT ANY FALSR' STATEMENTS WILL BE SUFFICIENT'CAUSE FOR DENIAL OR REVOCATION.OF SAID LICENSE. I DECL-ARr THAT THERE IS NO KNOWN CLOUD ON THE TITLE TO OWNERSHIP OF THE GOODS BE LD. Date: O' �� l I Signature: Fee: 540.00 Per Quarter($50.00 Application fee applied to license) I HEREBY APPLY FOR ONE OF THE FOLLOWING EXEMPTIONS AND HAVE SUBMITTED VALID PROOF. ( )*Disability ( )**Under 18 ( )***Veteran ( )*Religious or Nonprofit ( )*Over 55 ( )***Special Veteran *See Municipal Cade. ++Letter from Parents Required ***Authorization from Veterans Affairs Required;Special Veterans Exemption Requires Proof that Applicant owns good. (Business and Professions Code Section 16102) Special Veterans Exemption Statement:I hereby certify that I own all the goods,wares or merchandise that I plan to hawk,peddle or vend. Signature: AFTER APPROVAL,THE LICENSE FEE SHALL BE PAID TO THE FINANCE DEPARTMENT,CITY OF GRAND TERRACE, 22795 BARTON ROAD,GRAND TERRACE,CA 92313 I RECOMMEND THAT THIS APPLICATION BE:. ( ).APPROVED (. )DENIED Date: By: ALL REQUIREMENTS OF ENVIRONMENT HEALTH SERVICES HAVE B A RECOMMENDED FOR APPROVAL. (NOT NECESSARY IF OT HANDLING FOOD.) E R jDate. By: (Reports and recommendation to be returned to the City Clerk within(10)ten days after re .) CITY COUNCIL ACTION ( )APPROVED ( )DENIED APPLICATION FEE PAW S CASH, CERTIFIED: CHECK OR MONEY Brenda Stanfill, City Clerk ORDER n ACCEPTED Bltl� l�I 1 Date: ' � Applicant has submitted: ( )State Sales Tax Permit ( )Written permission or owner(If hawker license applied foi) ( )Written permission of parent if under 18 years of age Q1 CALI'FORNIA AGENDA REPORT MEETING DATE: September 23, 2011 Council Item ( X ) CRA Item ( ) TITLE: Seventeenth Amendment to Law Enforcement Services Contract No. 94-797 with the County of San Bernardino PRESENTED BY: Betsy M. Adams, City Manager RECOMMENDATION: Approve the Seventeenth Amendment to Law Enforcement Services Contract No. 94-797 with the County of San Bernardino and authorize the Mayor to execute the agreement. BACKGROUND: The City Council considered the Seventeenth Amendment to the City's law enforcement services contract with the County of San Bernardino on July 26 and again on August 23. At the latter Council Meeting, the Council directed staff to bring,forward the seventeenth amendment for approval at the next Council Meeting, September 13. DISCUSSION: In order to adopt a balanced General Fund operating budget for Fiscal Year 2011-12 the Council approved two service level reductions for law enforcement services. The first reduction, removing the Traffic Deputy position from the law enforcement services contract, was implemented at the start. of the new fiscal year. The second reduction, reducing one Patrol Deputy position from full funding to half funding (thereby reducing total patrol hours from 248 hours/week to 228 hours/week), was not implemented pending the outcome of the State's budget actions on Vehicle License Fee (VLF) funding for local government. The State's budget included only partially local government VLF funding which complicated the Council's decision with regard to the Patrol Deputy position. The State restored VLF funds for Citizens Option for Public Safety (COPS) grants and booking fee subventions, $100,000 and $20,000 respectively. The State did not restore the VLF per capita allocation which created a $44,510 revenue loss for the General Fund. At the July 26 Council Meeting, the Council was provided with the budget impacts of the State's actions on local government VLF funds. Council was also advised of $9,893 in budget savings in the law enforcement services contract due to the San Bernardino COUNCIL AGENDA ITEM NO. 3-j 4� Seventeenth Amendment to Law Enforcement Services Contract No. 94-797 with the County of San Bernardino Page 2 County Safety Employee Benefit Association (SEBA) management employee contract concessions and to the reallocation of expenses on the Lieutenant's vehicle. At the August 23 Council Meeting, the Council was advised of an additional $33,000 in savings which will be achieved by underfilling an Office Specialist at the Sheriffs Department Central Station for 10 months. The fiscal impact of this additional contract savings and the VLF funds on the Patrol Deputy position and the VLF per capita revenue loss were summarized in as follows: Patrol Deputy Position $ VLF Per Capita $ Add '/z Patrol Deputy Expense -118,404 Delete VLF Per Capita Revenue -44,510 Add Restored COPS Grant Revenue 100,000 Add Booking Fee Subventions Savings 20,000 Add SEBA Mgmt&Lt Vehicle Savings 9,893 Add Portion of Underfilling Savings 24,489 Add Portion of Underfilling Savings 8,511 Net General Fund Impact -21 Net General Fund Impact 0 The additional $33,000 in savings allows the City to include full funding of the Patrol Deputy hours in the Seventeenth Amendment to the contract for law enforcement services while mitigating the VLF per capita revenue loss to the General Fund. FISCAL IMPACT: The fiscal impacts .of approving the Seventeenth Amendment were included in the discussion portion of this staff report. It should be noted that because it is not known if the underfilling of the Office Assistant position for 10 months of this fiscal year will continue in subsequent fiscal years, Schedule A of the Seventeenth Amendment has not been reduced by $33,000. Instead, the City will receive a credit of $3,300 on invoices beginning in September through the balance of the fiscal year (10 months at $3,300 per month). Respectfully submitted: Bets . Adatns, City Manager ATTACHMENTS: Attachment A: Seventeenth Amendment to Law Enforcement Services Contract No. 94-797 with the County of San Bernardino 94 Attachment A Seventeenth Amendment to Law Enforcement Services Contract No. 94-797 with the County of San Bernardino a 95 FOR COUNTY USE ONLY New Vendor Code Dept. Contract Number �°° `r ram, Change S SHR A 94-797 A-17 Cancel County Department Dept. Orgn. Contractor's License No. Sheriff SHR SHR County Department Contract Representative Telephone Total Contract Amount County of San Bernardino Greg Garland, Captain (909)387-3649 $ 1,877,107 F A S Contract Type Revenue 1771 Encumbered 171 Unencumbered 1771 Other: STANDARD CONTRACT If not encumbered or revenue contract type,provide reason: Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount 07/01/11 06/30/12 $ $1,877,107, �l Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount AAA SHR SHR 9565 GRANDT $ 1,877,107 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 Contract Law Enforcement FY Amount I/D FY Amount I/D 2011-12 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 CITY r" Address 22795 Barton Road Grand Terrace, CA 92313-5207 Telephone Federal ID No.or Social Security No. (909)824-6621 IT IS HEREBY AGREED AS FOLLOWS: (Use space below and additional bond sheets. Set forth service to be rendered,amount to be paid,manner of payment time for performance or completion, determination of satisfactory performance and cause for termination,other terms and conditions,and attach plans,specifications,and addenda, if any.) SEVENTEENTH AMENDMENT Contract No. 94-797 providing law enforcement service to the City of Grand Terrace is hereby amended, effective July 1, 2011, by replacing Schedule A, referred to in paragraph IV, with the Schedule A attached hereto and incorporated herein by reference. Except as amended, all other terms and conditions remain as stated therein. Auditor/Controller-Recorder Use Only 13 Contract Database 0 FAS Input Date Keyed By Page 1 of 2 96 [This page intentionally left blank] COUNTY OF SAN BERNARDINO City of Grand Terrace (Print or type name of corporation,company,contractor,etc.) ► By ► Josie Gonzales, Chair, Board of Supervisors (Authorized signature-sign in blue ink) Dated: Name (Print or type name of person signing contract) SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE Title CHAIRMAN OF THE BOARD (Print or Type) 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 92313-5207 Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature ► No. ► County Counsel,by Steve Singley,Deputy Department Head Date Date Date o...A—A 114 1 1'3nl 4 Pane 2 of 2 SCHEDULE A Law Enforcement Services Contract City of Grand Terrace 2011-12 Deletions: 1-Traffic Deputy, 1-marked unit, .5-unmarked unit FY 2011-12 LEVEL OF SERVICE COST 0.27 - Lieutenant 55,848 t 1.14 - Sergeant 208,540 1.11 - Detective/Corporal (40 hours/week) 173,155 1 6.87 - Deputy Sheriff(248 hours/weeek) 976,717 t 1.00 - Sheriff's Service Specialist 66,885 1.60 - Office Specialist 100,382 1 0.18 - Motor Pool Services Assistant 11,282 t 2.50 - Marked Unit 30,470 2 1.50 - Unmarked Unit 11,216 2 1.00 - Ford Explorer 5,938 2 1.00 - Citizen Patrol 1,271 3 Dispatch Services 96,430 t 9 - HTs (Amortized over 7-years) 4,097 11 - HTs (Access & Maint Only) 6,552 1 - Additional MDCs 2,710 11 - Taser Replacement(Amortized over 4-years) 3,124 Administrative Support 7,916 Facility Costs .2,637 Office Automation 10,877 Services&Supplies 14,364 Vehicle Insurance 5,512 Personnel Liability& Bonding 30,269 County Administrative Cost 50,915 TOTAL COST: $ 1,877,107 Monthly Payment Schedule 1St payment due July 15, 2011: $136,513 2"d through 12th payments due the 5th of each month: $136,513 Grant Funded Deputy4 1St payment due July 15, 2011: $19,919 2"d through 12th payments due the 5th of each month: $19,912 Personnel costs include salary and benefits and are subject to change by Board of Supervisors'action. 2 Vehicle costs do not include fuel and maintenance. The city is responsible for fuel and maintenance of all contract vehicles. Any fuel and maintenance costs charged to the county will be billed to the city on a quarterly invoice. 3 No replacement cost is included for donated and grant-funded vehicles. 4 Cost of grant-funded deputy for 2011-12 is$238,951,which includes relief factor, support, supervision and all related costs.The grant funded deputy is reflected in the total contract amount(TOTAL COST). Paae 1 of 2 0o SCHEDULE A Law Enforcement Services Contract City of Grand Terrace 2011-12 Additional Costs Billed Quarterly: The City will be billed on a quarterly basis for the following items: e Actual overtime cost. e Actual on-call cost (on-call pay for safety employees for FY2011-12 is $185 per week). • Actual cost of vehicle fuel and maintenance. • Professional services from private vendors and other services, supplies and personnel costs above the contract formula. LEVEL OF SERVICE SUMMARY SAFETY: GENERAL: Lieutenant - 0.27 Sheriffs Service Specialist - 1.00 Sergeant - 1.14 Office Specialist - 1.60 Detective/Corporal - 1.11 Motor Pool Services Asst - 0.18 -< Deputy Sheriff - 6.87 Dispatchers - 1.18 9.39 3.96 VEHICLES: MISCELLANEOUS EQUIPMENT: Marked Patrol Units - 2.5 Radar Trailer - 1 * Unmarked Units Code 3 - 1.5 Pickup Trucks - 1.0 Citizen Patrol - 1.0 Donated Vehicles-Ins Only - 1.0 * * (Included for insurance costs only) 7.0 Panes 9 of 9 99 CALI'FORNIA AGENDA REPORT MEETING DATE: September 13, 2011 Council Item ( X ) CRA Item ( ) TITLE: Resolution Amending the Designated Location for Posting Public Documents Required to be Published or Posted PRESENTED BY: Tracey Martinez, Interim City Clerk RECOMMENDATION: Adopt Resolution Rescinding Resolution ' 97-02 and Amending the Designated Locations for Posting Public Documents Required to be Published or Posted BACKGROUND: Per Government Code 36933, the City is required to designate three locations within the City to post Public Notices. Currently, the three designated locations are the Civic Center, Grand Terrace Branch Library and the Senior Center. DISCUSSION: At the new Senior Center there is no area that can be utilized to post Public Notices. Staff has looked into options for posting boards and possible placement at the Senior Center but feels that it would be beneficial to look into other options. Staff feels that the Child Care Center would be a more logical location for the main purpose-of the posting requirements. They have longer hours and there is a high level of participation of local residents in the program. Staff will continue to post all public notices on the City's website in addition to the Council designated posting locations. RECOMMENDATION: Staff recommends that Council adopt a Resolution rescinding Resolution No. 97-02 and amending the locations for posting public documents required to be published or posted to as follows: Civic Center Grand Terrace Branch Library Grand Terrace Child Care Center COUNCIL AGENDA ITEM NO.3V, im FISCAL IMP/ '."T: There is no fi--...al impact to the City with this action. Respectfully si'Jbmitted: Tracey R. Dartink, Interim IkClerk Manager App3;aval: Betsy A Adams, City Manager ATTACH MEN--S: A. Resolution of the City Council of the City of Grand Terrace, California, Res:;finding Resolution 97-02 and Amending the Designated Locations for Post-ing Public Documents Required to be Published or Posted. m ATTACHMENT A Resolution Amending the Designated Locations for Posting Public Documents Required to be Published and Posted r ` 103 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RESCINDING RESOLUTION NO. 97-02 AND AMENDING THE DESIGNATED LOCATIONS FOR POSTING PUBLIC DOCUMENTS REQUIRED TO BE PUBLISHED OR POSTED THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Rescission—Resolution No. 97-02 is hereby rescinded in its entirety. SECTION 2. Legal Requirement—All Ordinances, Resolutions, Notices, and Public Documents required by law to be published or posted shall be posted in at least three (3) public places within the City of Grand Terrace in accordance with the provisions of Section 36933 of the Government Code. SECTION 3. Posting Places—That said postings shall be in the following three (3) locations: 1. Civic Center 2. Grand Terrace Child Care Center 3. Grand Terrace Branch Library APPROVED AND ADOPTED THIS 13th day of September, 2011. ATTEST: City Clerk of the City of Grand Terrace Mayor of the City of Grand Terrace and and of the City Council thereof of the City Council thereof 104 Resolution 2011- Page 2 I TRACEY R. MARTINEZ, Interim City Clerk of the City of Grand Terrace, California, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 13th day of September, 2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Approved as to form: City Attorney Interim City Clerk 105 4 CALIfFORNIA AGENDA REPORT MEETING DATE: September 13, 2011 Council Item ( X ) CRA Item ( ) TITLE: Agreement for Myl CALPERS Reporting Software License PRESENTED BY: Bernie Simon, Finance Director RECOMMENDATION: Approve and Authorize City Manage to Execute BACKGROUND: The City uses ADP for processing payroll. Part of ADP services include payroll services such as payroll registers and reports, direct deposit, quarter end payroll tax reporting and annual payroll tax reports. The City is also required to report earnings information biweekly to CALPERS in addition to remitting the correct contributions biweekly. The information for the report is manually generated and then input to an electronic worksheet on the CALPERS ACES system. ( DISCUSSION: The current method of PERS report generation and transmittal is cumbersome and slow. The majority of information is directly available from the ADP payroll information. Staff was seeking an automated reporting solution to the PERS report. Staff also understands that CALPERS ACES is being discontinued this month and CALPERS is going to My I CALPERS system will go live on September 15. The new system will require changes to the biweekly CALPERS earnings report. Staff recommends the use of a vendor or contractor to create an electronic file from the ADP payroll information. ADP uses a contractor for all creation of electronic reporting files for public pension reporting in California and many other states. Insight ETools would receive a scrubbed version of the payroll report from ADP and create an electronic file in the Myl CALPERS reporting format. Staff would then log into the Insight ETools website to finalize and transmit the report to CALPERS. Insight ETools would also assist Staff to transmit the July through August CALPERS payroll reports. FISCAL IMPACT: General Fund Appropriation of $2,000 to pay for additional services. There will also be minor costs associated from changes to payroll codes and file creation from ADP. COUNCIL AGENDA ITEM NO3�- im Respectfully submitted: Bernie Simon, Finance Director Manager Approval: Betsy KA. Adams, City Manager ATTACHMENTS: Insight ETools Agreement -13 INSIGHT E-TOOLS" Subscription Agreement MI" know it when you need k online 2417. Pay Plus Solutions 1110 N Center Parkway,Kennewick,WA 99336 Phone 509.735.4305 Fax 509.735.7668 Billing Address(if Different): TO City of Grand Terrace 22795 Barton Rd Grand Terrace,CA 92313 PRODUCT" ��,-IPAYMENT�j -,;-,DEV.Al 8 MylCalPERS Reporting Base subscription for automated retirement $97.00 1 $97.00 Monthly Base Rate reporting(includes first 3 Admin/Managor users). My I CatPERS Reporting Per each additional 100 ee's $50.00 0 NIA Per 100 Setup Fee ADP Data Mapping-my lCaLPERS reporting I $500.00 1 One-Time Implementation and training F;00 Payment Preference: 0 ACH [] Invoice NOTE: Monthly subscription rates will be based on module, actual active employee count and authorized user logins. Service Begins: September 2011 Prepared by: David Safford Date: August 31, 2011 This Subscription Agreement is governed by and subject to the conditions noted on the following page. I have read and agree to the Conditions and Terms and the Software License Agreement. Client Authorization: Signature Date Printed Name Title ino SUBSCRIPTION CONDITIONS AND TERMS A. ASP Service-ADP Platform L Service:Accessible at Pay Plus Solutions(PPS)web site located at http://www.insightetools.com 2. Supported Payroll System:NOS version—ADP PC/Payroll,Pay eXpert and Workforce Now 3. Module:CaIPERS 4. Authorized Users: 3 S. Supported Browser(s): Microsoft Internet Explorer,version 6.0 and higher. B. Setup,Implementation and Training Program and Fees L The one-time Setup Fee shall be$500.00. This fee provides up to three setup and implementation training lessons in one(1)hour increments to Licensee's Technical Contact.Ongoing End-user group online training will be provided as needed for all authorized login users. These lessons shall be conducted by means of web-based seminars. Additional training and consultation will be available for a charge,according to the rates outlined in Section D of this Subscription Agreement. C. Subscription License Term and Fees L Subscription License Term and Fees. Monthly Subscription License Feeswill be billed in advance on the 1'of the month and shall commence when service begins. Services beginning prior to the 25`h of the month will be billed for the entire month. Services beginning on the 25`h of the month or later will be billed the following month. Yearly subscriptions will be due upon product delivery. The subscription will continue until terminated as provided herein. Licensee may terminate this Subscription Agreement and all licenses granted herein at any time for convenience by providing prior written notice to PPS equal to at least one payment period(one month). Any change in the Subscription License Fees shall be communicated by PPS to the Licensee's Technical Contact by email or written notice. 2. Taxes. Fees do not include sales taxes or duties. 3. Late Charges. If Licensee does not make timely payment to PPS of any amount payable hereunder, in addition to the remedies available to PPS at law or equity,PPS may collect interest on the sum then owing at the rate of 1.5%per month from the due date until payment by Licensee;provided, however,that in no event shall the aggregate interest charges exceed the maximum rate of interest which could be charged under applicable law. D. Consulting and Training Services Upon request,PPS shall provide to Licensee consulting and/or training for the Service on a time and materials("T&M")basis as outlined herein: a. PPS will provide an estimate to Licensee for T&M services. Any monetary limit stated in an estimate for T&M services shall be an estimate only for Licensee's budgeting and PPS's resource scheduling purposes. If the limit is exceeded,PPS will cooperate with Licensee to provide continuing services on a T&M basis. b. Licensee shall pay PPS for all the time spent performing such services,plus materials,taxes,and reimbursable expenses. c. The charge for such services shall be PPS's then-current standard rates for T&M consulting and training.The current standard rate as of the Effective Date of this Subscription Agreement is $125. d. T&M Service charges due will be collected with monthly Subscription License Fee as outlined in Section C. iin SOFTWARE LICENSE AGREEMENT This Software License Agreement("Agreement")is made by and between Pay Plus Solutions("PPS")and Insight a-Tools End User("Licensee"). PPS has developed and licenses to users its software program marketed under the name Insight e- Tools Client(the"Software"). Licensee desires to utilize a copy of the Software. NOW,THEREFORE,in consideration of the mutual promises set forth herein,PPS and Licensee agree as follows: 1. License. PPS hereby grants to Licensee a perpetual,non-exclusive,limited license to use the Software in the United States and Canada as set forth in this Agreement. 2. Restrictions. Licensee shall not modify,copy,duplicate,reproduce,license or sublicense the Software,or transfer or convey the Software or any right in the Software to anyone else without the prior written consent of PPS;provided that Licensee may make one copy of the Software for backup or archival purposes.Software will only be used as described within subscription agreement for Insight e-Tools. 3. Fee. In consideration for the grant of the license and the use of the Software,Licensee agrees to pay PPS the service fee defined in the Insight a-Tools Subscription Agreement. 4. Warranty of Title. PPS hereby represents and warrants to Licensee that PPS is the owner of the Software or otherwise has the right to grant to Licensee the rights set forth in this Agreement. S. Warranty of Functionality. For as long as Licensee subscribes to the Insight a-Tools Web Service this Software is under Warranty(the"Warranty Period"),PPS warrants that the Software shall perform in all material respects according to the PPS's specifications conce ming the Software when used with the appropriate computer equipment.In the event of any breach or alleged breach of this warranty, Licensee shall promptly notify PPS and return the Software to PPS at Licensee's expense. Licensee's sole remedy shall be that PPS shall correct the Software so that it operates according to the warranty.This warranty shall not apply to the Software if modified by anyone or if used improperly or on an operating environment not approved by Licensor. 6. Software Maintenance. Standard Maintenance.During the Warranty Period,PPS shall provide to Licensee any new, corrected or enhanced version of the Software as created by PPS.Such enhancement shall include all modifications to the Software which increase the speed,efficiency or ease of use of the Software,or add additional capabilities or functionality to the Software,but shall not include any substantially new or rewritten version of the Software. 7. Payment. Payment of the license fee for Software shall be included In the service fee for the Insight a-Tools Web Service. 8. Taxes. In addition to all other amounts due hereunder,Licensee shall also pay to PPS,or reimburse PPS as appropriate,all amounts due for property tax on the Software and for sales,use,excise taxes or other taxes which are measured directly by payments made by Licensee to PPS.In no event shall Licensee be obligated to pay any tax paid on the income of PPS or paid for PPS's privilege of doing business. 9. Confidentiality of Software. Licensee acknowledges PPS's claim that the software installed on PPS's Application Server embodies logic,design,and coding methodology which constitute valuable confidential information that is proprietary to PPS and its licensors. Licensee shall safeguard the right to access the Service using the same standard of care which Licensee uses for its similar confidential materials,but in no event less than reasonable care. 10. Confidentiality of Licensee Data. All Licensee Data and/or information disclosed to PPS in connection with the performance of this Agreement("Licensee Confidential Information")shall be held as confidential by PPS and shall not, without the prior written consent of Licensee,be disclosed or be used for any purposes other than the performance of this Agreement. PPS shall safeguard the confidentiality of such Licensee Confidential Information using the same standard of care which PPS uses for its similar confidential materials,but in no event less than reasonable care. Notwithstanding the foregoing, the term"Licensee Confidential Information"shall not be deemed to include information which: (1)is now,or hereafter becomes,through no act or failure to act on the part of PPS generally known or available;(ii)is known by PPS at the time of receiving such information as evidenced by its written records;(iii)is hereafter furnished to PPS by a third party,as a matter of right and without restriction on disclosure;(iv)is independently developed by PPS as evidenced by its written and dated records and without any breach of this Agreement;or(v)is the subject of a written permission to disclose provided by Licensee. Further notwithstanding the foregoing, disclosure of Licensee Confidential Information shall not be precluded if such disclosure:(i)is in response to a valid order of a court or other governmental body of the United States;(ii)is otherwise required by law;or(iii)is otherwise necessary to establish rights or enforce obligations under this Agreement,but only to the extent that any such disclosure is necessary. 11.Warranty Disclaimer. PPS's WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO,THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 12.Limitation of Liability. PPS shall not be responsible for,and shall not pay,any amount of incidental,consequential or other indirect damages,whether based on lost revenue or otherwise,regardless of whether PPS was advised of the possibility of such losses in advance.In no event shall PPS's liability hereunder 112 exceed the amount of license fees paid by Licensee,regardless of whether Licensee's claim is based on contract,tort,strict liability,product liability or otherwise. 13.Notice. Any notice required by this Agreement or given in connection with it,shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail,postage prepaid,or recognized overnight delivery services. If to PPS: Pay Plus Solutions,Inc. 1110 N Center Parkway Suite B Kennewick,WA 99336 14.Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the state of u Washington. 15.No Assignment. Neither this Agreement nor any interest in this Agreement may be assigned by Licensee without the prior express written approval of PPS. 16.Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof.This Agreement may be modified only by a further writing that is duly executed by both parties. 17.Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable,then this Agreement,including all of the remaining terms,will remain in full force and effect as if such invalid or unenforceable term had never been included. 18.Headings. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. 113 CALIFORNIA AGENDA REPORT MEETING DATE: September 13, 2011 Council Item (X) CRA Item ( ) TITLE: Five Year Measure I, Capital Improvement Plan. ` PRESENTED BY: Richard Shields, Director of Building and Safety/Public Works RECOMMENDATION: 1. Approve a Five Year Measure I Capital Improvement Plan and Expenditure Strategy for 2011-2012 through 2015- 2116. 2. Adopt Resolution No. 2011- , setting forth a Five Year Capital Improvement Program. BACKGROUND: Each year the City of Grand Terrace is required by San Bernardino Associated Governments, (SANBAG) to adopt a Measure I Capital Improvement Plan (CIP) by resolution. The reason this is done each year is due to project needs changing throughout the year. SANBAG . provides a yearly opportunity to change the expenditures and project designations to meet the needs of the jurisdiction. San Bernardino County voters approved passage of Measure I, November of 2004 authorizing SANBAG, acting as the San Bernardino County Transportation Authority, to impose a one-half of one-percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino. In the fourth quarter of each year, the City is required to adopt a revised or updated Measure I, CIP in order to continue to receive Measure I Funds. The attached Five Year Measure I, CIP for FY 2011-12 through FY 2015-16 identifies five projects at an estimated cost of$805,000. The amount of funding available for the five year period for Grand Terrace is $805,952. SANBAG has also requested that each agency adopt an Expenditure Strategy as part of the annual Measure I, CIP update. Previously, the City Council has adopted an approach which focuses on the maintenance of existing infrastructure. The attached Expenditure Strategy Statement Exhibit "A" reaffirms this policy. COUNCIL AGENDA ITEM NO;5 115 DISCUSSION: City Council is being requested to approve a resolution for funding of the City's Measure I Local Streets Program. These funds will primarily be used for street maintenance and rehabilitation projects. SANBAG's estimate of Measure I, revenue for 2011-2012 through 2015-2016 is attached as Exhibit "B", and totals $805,952. Five (5) street paving projects have been chosen which are listed in the proposed Measure I, Five Year Plan, see Exhibit "B". The street surfaces chosen for repaving have substandard surfaces that need to be repaired. The paving process will involve the streets being repaved with 2 inches of new asphalt. Staff is recommending that the City Council adopt the attached Resolution No. 2011- ` adopting a Six Year Capital Improvement Program and Expenditure Plan. FISCAL IMPACT: The attached Five Year Measure I, Capital Improvement Plan for 2011-2012 through 2015-2016 identifies five (5) projects at an estimated total cost of$805,952. SANBAG's estimated funding for the Measure I, Local Pass through funds is shown as Exhibit "C". Respectfully submitted, Rigand Shields, Director of Building and Safety/Public Works Manager Approval: Betsy dams City Manager ATTACHMENTS: Exhibit "A", Measure I Revenue Estimates Exhibit "B", Measure I Five Year Plan Exhibit "C", Measure I Expenditure Strategy Resolution No. 2011- Exhibit "A" City of Grand Terrace Measure I Expenditure Strategy FY 2011-12 thru FY 2015-16 The City of Grand Terrace has a well developed roadway network.As such,the City Council believes that the best interests of the residents of the City would be served by focusing the expenditure of Measure I revenues on the reconstruction,maintenance and improvement of existing City streets. It is the City's intent that each project identified in the FY 2011-12 thru FY 2015-16 Measure I Capital Improvement Plan be designed and construction initiated in the fiscal year as indicated in the plan. t 117 EXH I Br`�� B" •^{ ,. �.,.>.,,�^.. .�, � -. . :6:a.. .. ,. ,,. ... .. � ;;,"„"� _pry:* `� „y?,Ma, Y,,,. 'tin, a,.. 't. "^�..'+1 ` S..y �•`.�2.^, '�i +z ... a�.;,. .r�. .,,�c ,r. . �.M�., �t „, '• +t ,.. sm,: �. ., �. ... .r�Y"t ..��.:��'" -+�- x'`,.. «_r�s "�„,�,K ,•4.. .r«•.j .:�. w, s 'n- :'�r• ':::� .r .. xYs. .� ,..�.Ry. a. H � ....,•; ,�, .,, .�,. s< ., ;-, #�# .�s4 .x' "�` Sr.; q��;,.y'y '-rY"1ge F5�',� k� v "� ��. � ,p�ti a�,, v,u�4'a� nl`�.chi; a �+'`.f..' i1q.. •' �,.. .: , •{,. Y r...'. ... �`Y4x` �� ,•��,.� iti��. 'li: a fi� ...r� � u•€:, � ekk z '"7' �.,a �. �.��.'+��`, r o- ia. .l `•` S+,"4.,�a4ce�if ,,��.5�'u:�.v Yr" �f ��F�3w,;.' _.R. •,..,d. ",a ,"a.^:,,..;a,, p1'c9 :,:":: .,r q.. we, .• :. ,,, ;,u- ^e" , .q ., .` r,. Y I�/"r .u. m ..E._. ..'.. �. � ..wb � ti. ,y4.5f.,r -r„➢?,.. ,.,� ; ��E'��,�7�RG� IGMR... .. y� �RJ,. �r��' V7 -fiV-� t `�.. n i^t`7 -� .:��i'� ..:fit e F-r..fi x.:. �€•....aw.�rc'.k.....,..�.... �..�sF.,....,�? :�!y.w-,.,- . ,.�u..'"'*..�,..,,....�{,. s'i.... ............. ,�, 7.. .n.. .:c... ..��..., _,.a,. -��1,'�a�}c ''�'� „.az..l i:�ai was. �,�.,iF �.'�1.�. YEAR STREET& LIMITS IMPROVEMENT NEXUS STUDY COST ESTIMATE PROJECT? 2011-2012 Pico Street Pavement Overlay NO $156,000 From Michigan Street westerly to end of Pico 2012-2013 Robin Way and Warbler Avenue Pavement Overlay NO $159,000 From Raven Way at Warbler to Robin Street 2013-2014 Glendora Street and Monona Street Pavement Overlay NO $161,000 Entire length 2014-2015 DeBerry Street- Mount Vernon to Pavement Overlay NO $161,000 Observation 2015-2016 DeBerry Street- Mount Vernon to Pavement Overlay NO $168,000 Michigan E w e rgt 74`T;l-+E, A ,`A"5 2xt� ..j. f ar,. "a'�'�� -r�y,. �4pfrat$� 05,�/YV: Ti "r,i�.'�d•`.�.�.•�:F��:t;..,�,..,'�'�..;�;.x e�� Yy...n��-�„4'tf�<:k✓�R Lt~'.r�'�.�$t..��r p�'.ca5+t?yam ti, '�7+T F��v�+.,f��1"a �'+4�k�:L.�ts�+..Y�S..-i�'�,d..4{'�"�`- Contact: Name: Richard Shields Measure I Revenue Estimate(5 years) $805,952 Title: Director of Building and Safety/Public Works Telephone: (909)825-3825 Resolution Number 2011- m iplanvalley2009-2015-EMP rn Exhibit "C" VALLEY SUBAREA MEASURE I REVENUE ESTIMATES FOR LOCAL PASS-THROUGH FUNDS 2011-2016 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-16 FY 15-16 FY 11-16 Estimated Growth Rates JURISDICTION Actual Estimate Estimate Estimate Estimate Estimate Total Estimate Over Previous Year VALLEY REGION Chino 1,022,031 1,032,251 1,047,735 1,068,690 1,095,407 1,122,792 5,366,875 FY 10/11 1.00% Chino Hills 952,223 961,745 976,171 995,695 1,020,587 1,046,102 5,000,301 Colton 624,769 631,017 640,482 653,292 669,624 686,364 3,280,779 FY 11/12 1.50% Fontana 2,295,829 2,318,787 2,353,569 2,400,640 2,460,656 2,522,173 12,055,826 '-` Grand Terrace 153,480 155,015 157,340 160,487 164,499 168,611 805,952. FY 12/13 2.00% Highland 632,949 639,278 648,868 661,845 678,391 695,351 3,323,733 Loma Linda 274,487 277,232 281,390 287,018 294,194 301,548 1,441,382 FY 13/14 2.50% Montclair 452,921 457,450 464,312 473,598 485,438 497,574 2,378,373 Ontario 2,105,118 2,126,169 2,158,062 2,201,223 2,256,254 2,312,660 11,054,367:;-: FY 14/15 2.50% Rancho Cucamonga 2,157,647 2,179,223 2,211,912 2,256,150 2,312,554 2,370,368 11,330,207 Redlands 867,317 875,990 889,130 906,913 929,585 952,825 4,554,443 !'; FY 15/16 2.50% Rialto 1,208,870 1,220,959 1,239,273 1,264,059 1,295,660 1,328,052 6,348,002 San Bernardino 2,469,224 2,493,916 2,531,325 2,581,951 2,646,500 2,712,663 12,966,356 =_ Upland 918,281 927,464 941,376 960,203 984,208 1,008,814 4,822,065 Yucaipa 620,691 626,898 636,301 649,027 665,253 681,884 3,259,364 County/Valley 1,399,507 1,413,502 1,434,705 1,463,399 1,499,984 1,537,483 7,349,072'.c:` �r Total Valley Region $18,155,344 i $18,336,897 $18,611,961 $18,984,190 $19,458,795 $19,945,265 85,337,097 fl,' NOTE: Local Pass-Through Funds equal 20%of total Measure I funds collected. MIAE11-16-EMP.XLS / RESOLUTION NO. 2011- A RESOLUTION OF THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA, ADOPTING THE FIVE YEAR CAPITAL IMPROVEMENT PROGRAM On August, 13, 2011 on a motion by seconded by and carried, the City Council of the City of Grand Terrace, Ca. finds as follows: _ WHEREAS, San Bernardino County voters approved passage of Measure I 1990-2010 in November 1989 and renewed as Measure I 2010-2040 in November 2004 authorizing San Bernardino Associated Governments, acting as the San Bernardino County Transportation Authority, to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino, and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 89-1 of the Authority, and WHEREAS, Expenditure Plans of the Ordinance require each local jurisdiction receiving revenue from the tax to expend those funds pursuant to a Capital Improvement Program adopted by resolution of the local jurisdiction, and WHEREAS, Expenditure Plans of the Ordinance also require that each local jurisdiction annually adopt and update its Capital Improvement Plan, NOW,THEREFORE, BE IT RESOLVED that the Council/Board of the City of Grand Terrace, State of California, hereby adopts the Measure I Five Year Capital Improvement Program, a copy of which is attached to this resolution. PASSED AND ADOPTED this day of , 2011, by the following vote: AYES: NOES: ABSENT: MI CIP RES-EMPMOC 17n CALI'FORNIA AGENDA REPORT MEETING DATE: September 13, 2011 Council Item (X) CRA Item ( ) TITLE: Facilities Cleaning Services PRESENTED BY: Richard Shields, Director of Building and Safety/Public Works RECOMMENDATION: 1. Consider Facilities Cleaning Services for City facilities, at City Hall, Building and Safety Annex, Richard Rollins Park and Pico Park. 2. Award Jan-Pro the Facilities Cleaning Services for City Hall and City Parks facilities and direct Staff to enter into a Professional Service Agreement. BACKGROUND: 1n December 2008, the City discontinued the services of Executive Suites Services Inc., to clean City Hall and the Building and Safety Annex. The City was being charged $1,300.00 per month, plus the cost of supplies for the service. The decision to stop using the cleaning service was made to save money by utilizing five (5) City maintenance employees for this work. Shortly after this decision, the City eliminated the maintenance supervisor position leaving four crew members to complete the cleaning services along with the other maintenance work in the City. In June, 2011, additional staff reductions left only three maintenance employees. Recently one maintenance employee resigned leaving only two maintenance employees for the City. The maintenance employees currently clean City Hall and Building and Safety Annex, on a daily basis. Richard Rollins Park and Pico Park are cleaned each day of the week with alternating staff on Fridays, Saturdays, and Sundays. The staff person who is on- call on the weekends takes one day off during the week to be available for restroom cleaning on the weekend, which prevents overtime charges. The reduction of one person during the week hinders work that needs to be performed in other areas. The reduction of staff over the past three years has made it more difficult to clean these facilities while maintaining the other duties of the maintenance crew. COUNCIL AGENDA ITEM NO3A 122 DISCUSSION: On July 21, 2011 a Request for Proposals (RFP), for facility cleaning services was advertised in the local paper and on the City website. Seven (7) proposals were received on August 18, 2011. The lowest bid was provided by Jan-Pro Cleaning Systems in the amount of$12,900. The RFP requested cleaning services twice a week on Tuesday and Thursday evenings at City Hall and the Building and Safety Annex. In addition, the RFP requested cleaning services in the morning three (3) days a week on Friday, Saturday and Sunday at Pico Park and Richard Rollins Park. The services at the park will include restroom cleaning and stocking along with trash pick-up. Staff will continue to clean the park restrooms in the mornings Monday through Thursday. Jan Pro has quoted annual facilities cleaning charges in the amount of: $7,284, City Hall, twice a week $1,608, Building and Safety, twice a week $2,004, Richard Rollins Park, Friday, Saturday and Sunday $2,004, Pico Park, Friday, Saturday and Sunday Staff is requesting that the City Council consider hiring a facilities cleaning service to clean City Hall and the Parks due to the reduction in maintenance employees. Staff is also suggesting the award of a Professional Service Agreement to Jan-Pro Cleaning Systems in the amount of$12,900, and to allow a starting date of October 1, 2011. Staff is requesting the City Council consider paying for this service out of the facilities maintenance funds and the park funds. The facility maintenance account has $16,500 available. Staff is requesting $6,669 from the facility maintenance fund account and $3,006 from the park maintenance fund to pay for the remaining nine (9) months of cleaning services in this fiscal year. No new funds are being requested for this service. The following companies responded to the City's RFP for facility cleaning services. Williams & Associates, $37,848.00 Beyond Cleaning Services $26,850.00 Wurm's Janitorial Service $21,389.51 Executive Suite Service Inc. $19,658.00 Merchants Building Maintenance $17,205.12 Santa Fe Building Maintenance $16,166.00 Jan-Pro Cleaning Service $12,900.00 The references Jan-Pro provided to the City were contacted by Staff. The references all had good reports regarding the cleaning services Jan-Pro provided. The references were also impressed with the-low cost for the services that is currently provided to them. FISCAL IMPACT Over the past two years, Staff has cut back on facilities maintenance to help save money. The Facilities Maintenance Account No. 10-195-245, appropriated $19,000 in 2010-2011 fiscal year, Staff used $8,145 for maintenance and repairs. The Park Maintenance Account No. 10-450-245, was budgeted $50,000 in 2010-2011 fiscal year and only $1.0,198 was used in an effort to save money. In fiscal year 2011-2012, the Facilities Maintenance Account was reduced to $16,500, and the Parks Maintenance Account was reduced to $40,000. It is assumed that the current fiscal year funds will absorb the costs of the proposed cleaning services. Funds in the amount of $6,669 will be charged to Account No. 10-195-245 and $3,006 will be charged to Account No. 10-450-245, to cover the remaining nine (9) months of cleaning services. Respectfully submitted, Richard Shields Director of Building and Safety/Public Works Manager Approval: Betsy Adams City Manager ATTACHMENTS: Professional Service Agreement Jan-Pro Quote 124 !AN-PRJAN-PRO Cleaning Systems of Ontario MRO 3200 E. Inland Empire Blvd. Ste. 2 CLEANING SYSTEMS 4 50 Ontario CA 91764 Measurable Cleaning. Guaranteed Results"" Ph. 909.466.5858 — Fax 909.466.5108 Mr. Matt Wirz August 16, 2011 Management Analyst The City of Grand Terrace 22795 Barton Rd Grand Terrace, CA 92313 Dear Matt, It was a sincere pleasure meeting with you to discuss the cleaning service requirements for your facility. Thank you! There are a multitude of janitorial companies in our market, yet JAN-PRO consistently leads the industry in customer retention. Just one reason for that loyalty is our unique JAN-PRO GuaranteeTm. In this proposal, we will detail just what that guarantee means for you and explain how our quality assurance and cleaning processes make that guarantee possible. In our initial meeting, we identified the following areas of concern regarding your current cleaning program. JAN-PRO will take special precautions to ensure these areas receive the highest priority: • Complete and thorough cleaning of restroom facilities including all sinks and toilets. • Thorough dusting of all horizontal surfaces. • Thoroughly perform a 50-point monthly inspection in order to ensure continuous customer satisfaction. JAN-PRO is looking forward to a successful business relationship with you for many years to come. Thank you for the opportunity to discuss your cleaning needs and to provide this proposal for The City of Grand Terrace. If you have any further questions regarding this proposal, please contact me at your earliest convenience. Sincerely, Rick Werner Sales Executive Jan-Pro Cleaning Systems of Ontario The City of Grand Terrace 125 The In-PRO way � JAN-PRO has developed an expertise in cleaning systems for commercial properties based on an understanding of their unique business needs. • We understand that a healthy facility environment is critical to reducing the spread of bacteria and viruses. • We understand that in business, keeping your property well-maintained and exceptionally clean is extremely important to your image. • JAN-PRO uses the very latest cleaning technologies to provide an unsurpassed level of clean— so every square foot of your business conveys quality and value. • We combine this advanced technology with a rigorous cleaning schedule customized for your specific property needs. The result is a cleaning system designed to meet the highest expectations. • JAN-PRO uses a neutral-ph quat cleaner-disinfectant on all hard environmental surfaces. This hospital-grade cleaner fights antibiotic-resistant organisms including MRSA and NRE. • We use and frequently change color-coded micro fiber cloths and flat mops to stop the spread of germs and eliminate cross-contamination. • Our four-filter Back Pac vacuums remove dirt to .3 microns (HEPA quality) and keep it out of the air quietly and more efficiently. • JAN-PRO's professional cleaning teams are lead by highly-trained business owners with a vested interest in delivering impeccable service. It's one of the things that sets JAN-PRO apart, and it's one of the things that allows us to offer a guarantee like no one else in the industry. Nothing Like Kin the Buslness Every day nearly 10,000 JAN-PRO owner-operators across the country bring their clients the kind of quality service we not only promise, we guarantee. The JAN-PRO GuaranteeTm is a reflection of the commitment that comes from the best training, equipment and measurable processes available. JANPRO guarantees tocomp.lete all of its regularly scheduled cleaning commitments on time. -O also guarantees respond to..and Promptly resolve, any sPecific'issues within one business jday. Should JAN-PRO fail to meet either of these obili-gaitions.a c-omplimentary cleaning call will be scheduled. In addition to our foolproof guarantee JAN-PRO incorporates a Comprehensive Customer Care Commitment and Process that includes: • Career cleaning professionals who have invested to become part-owners in the JAN-PRO enterprise • Advanced Training; State-of-the-Art Cleaning Products and Equipment • Detailed Cleaning Schedules: Daily, Weekly and Monthly • Regular Physical Inspections and Quality Control • Operations Managers available by cell phone after hours and for emergencies. • Log-book for daily communications between you and your cleaning team • Regular evaluations of our performance by The City of Grand Terrace. Jan-Pro Cleaning Systems of Ontario The City of Grand Terrace 126 a Z TralNng Makes the IDlllerence Exemplary training is the key to JAN-PRO's success and to the satisfaction of our customers. Our training program is a highly specific, regimented five-week program called JAN-PRO Signature CleanTM. The goal of the program is to create career cleaning professionals who are: • Owners of their own JAN-PRO enterprise • Financially vested in the satisfaction of each and every customer • Attuned to the importance of the smallest detail • Well versed in the latest and most effective cleaning technologies Your Cleaning Team As a result of our Signature CleanTM' program you can expect the same reliable service time and time again from a professional cleaning team that you will get to know by name. Each cleaning team member will: • Have a photo ID badge • Wear a professional JAN-PRO uniform • Have completed the Signature CleanTm certification program • Be insured with $2 Million liability coverage and a$50,000 janitorial bond • Understand and comply with OSHA standards Measuring the State'ef Clean Ilk JAN-PRO TrackerTm is our quality assurance process. We understand that consistent quality cleaning requires ongoing evaluations, and JAN-PRO Tracker rm is one of the reasons we consistently earn high satisfaction ratings from our customers. Jan-Pro will have a service manager assigned to your property who will conduct regular physical inspections. Because your service manager earns monthly bonuses based on how satisfied you are with JAN-PRO services, he is fundamentally motivated to find and correct any missed cleaning service opportunities, guaranteed!We keep tabs on how well we are meeting your needs through monthly customer service calls and "Report Card" evaluations. The JAN-PRO TrackerTm program highlights include the following to ensure 100 percent customer satisfaction and consistent cleaning performance: • Regimented and predetermined physical inspections using the JAN-PRO TrackerTm fifty-point comprehensive checklist. • Regular customer service calls to ensure you are completely satisfied with the quality of service you receive from JAN-PRO. • Your monthly rating from our Communications Log Book, on a scale of 1-10. Jan-Pro Cleaning Systems of Ontario The City of Grand Terrace 127 Operations Team Our Operations team is responsible for completing all scheduled inspections of Jan-Pro accounts each month. They perform walk-throughs with new clients and franchisees. Responsible for training all new franchisees, test and provide training certification.They are responsible for quarterly reviews of each franchise owner to ensure superior customer service. • Chuck Poyle-5yrs Operations Manager with Jan-Pro of Ontario. • Mario Caycedo-3 Yrs Operations Manager with Jan-Pro of Ontario. • Awarded#1 in customer retention by Jan-Pro International for 3nd Quarter 2010. The Science of Clean JAN-PRO is the industry leader in fusing technology into our cleaning processes. Research and development are ongoing to ensure our cleaning teams are incorporating the latest industry advancements to achieve the cleanest, healthiest environment. In addition, incorporating these technologies& processes can play an important role in helping your facility achieve LEED compliance. Micro-fiber Technology JAN-PRO has replaced conventional cleaning cloths with a micro-fiber system,which cleans greener and dryer while removing more dust contaminants. JAN-PRO uses a four-color coded Micro-fiber system, which virtually eliminates cross-contamination. N i "bf a human hair and h Id, • The tiny fibers penetrate the microscopic pores of surfaces increasing g cleanin r-°quality and saving time in the process. • Micro-fiber is positively charged and literally removes 100%of all dust particles. Back Pack Vacuum Technology Our back pack vacuums have a four-level filtration for exceptionally clean and healthy indoor air quality. These powerful vacuums: • Capture up to 99%of dust mites, pollen,viruses, bacteria, and chemical residue • Leave less dust in your environment so there is less dust to collect on equipment and furniture :: • Help reduce the risk of respiratory infection • Create a healthier environment for your facility Environmentally Safe Chemicals - Jan-Pro offers Green Select products, a colorless, odorless, and environmentally %ft000 conscious line of cleaning chemicals. They are: • Highly effective cleaning solutions • Designed to meet environmental standards • Comply with all OSHA standards and regulations Hospital Grade Dis.infectants The objective of our cleaning process is not only to clean well, but also to clean for improved health. All JAN-PRO cleaning teams use hospital grade disinfectants. Jan-Pro Cleaning Systems of Ontario The City of Grand Terrace r . � zib�r Working for You JAN-PRO combines our vigorous cleaning and tracking procedures with a cleaning schedule customized for your specific needs. The following schedule has been specifically designed for The City of Grand Terrace. CITY HALL & BUILDING & SAFETY/PUBLIC WORKS DEPARTMENT TWO DAYS PER WEEK TUESDAY AND THURSDAY NIGHTS NIGHTLY CLEANING SCHEDULE _ ENTRANCES— RECEPTION AREAS — HALLWAYS—CONFERENCE ROOM OFFICES— BREAK ROOM LOUNGE—CUBICLE AREAS COPY ROOM —COMMON AREAS—STAIRWAYS/STAIRWELLS • Sweep entrance approaches. • Sweep all hard surface floors with chemically treated mop head. • Empty all trash receptacles and remove to a collection point. • Replace wastebasket liners as necessary. • Sanitize the Reception Counters. • Dust all horizontal surfaces of office furniture, including, counters, desks, computer monitors, tables, file cabinets, copy and fax machines, etc. (Papers and folders left on desks will not be moved) • Disinfect all light switches and door handles. • Return furniture to neat and orderly position. • Clean, polish and sanitize the drinking fountains. • Clean fingerprints and smudges from all entrance glass and entry doors. • Spot clean fingerprints and smudges from partition glass • Spot clean fingerprints and smudges from both sides of all doors and walls. • Spot clean horizontal surfaces for removal of spillage, marks, and coffee rings. • Clean and sanitize the Conference Room table. • Neatly arrange all furniture in the Conference Room after each service. • Damp wipe and sanitize the tables and chairs in the Lounge and Break Room to remove crumbs and grime. • Clean and disinfect the sinks and counters in the Lounge and Break Room. • Clean the exterior of all appliances in the Lounge and Break Room. • Clean the interior and exterior of all microwaves. • Wipe all coffee makers to remove drips, and rinse out the pots and throw away the grinds. Jan-Pro Cleaning Systems of Ontario The City of Grand Terrace 129 Nightly Cleaning Schedule Continued: • In the Lounge and Break Room, wipe clean and sanitize the cupboard doors and drawer fronts. • Keep janitor's closet in a neat and orderly fashion at all times. • Police all staircases, removing debris, vacuum as necessary and sanitize handrails. • Spot carpets for minor spills and stains. Vacuum all carpeted walkways, giving special attention to public and executive areas. • Mop hard surface floors to remove stains or spillage marks, utilizing neutral disinfectant. RESTROOMS • Empty trash receptacles and wash, if necessary. • Empty sanitary napkin receptacle and spray with a disinfectant. • Restock all paper products and hand soap. - • Disinfect door handles, partition handles, and light switches. • Clean all dispensers, mirrors, and fixtures • Clean and disinfect sinks, urinals, toilets, and toilet seats. • Spot clean walls and partitions to remove smudges and graffiti. • Sweep and mop floor with disinfectant. • Pour water down the floor drains to prevent the traps from drying out. Jan-Pro Cleaning Systems of Ontario The City of Grand Terrace 130 's s r MR .i •T Working for You WEEKLY CLEANING SCHEDULE • Thoroughly dust all horizontal surfaces of office furniture, including counters, desks, computer monitors, tables, file cabinets, windowsills, partition tops, wall hangings and baseboards. 1 • Clean and sanitize all telephone receivers and dust the bases. • Vacuum all staircases and wipe down and sanitize the handrails and ledges. • Vacuum all carpeted areas wall to wall. • Thoroughly mop all hard surface floors utilizing neutral disinfectant. RESTROOMS • Clean and sanitize the outside of trash receptacles and dispensers. • Polish all dispensers, mirrors, and bright work. • High dust tops of doors, partitions, mirrors, and air vents. • Clean and sanitize restroom partitions and walls around toilets and urinals. MONTHLY CLEANING SCHEDULE • Thoroughly dust all vertical surfaces of furniture, including desks, tables, chairs, file cabinets, etc. • High dusting of air vents, tops of doors, door frames, ceiling corners, and edges etc. • Vacuum upholstered furniture to remove dust and lint. • Vacuum carpet edges and corners along walls and partitions. • Thoroughly dust all window blinds. TWO TIMES PER YEAR SERVICE • Scrub and Refinish all common area floors including all restrooms. • Hot water extraction of all carpets. Jan-Pro Cleaning Systems of Ontario The City of Grand Terrace 131 Working for You : ROLLINS PARK & PICO PARK THREE TIMES A WEEK SERVICE DAILY CLEANING SCHEDULE RESTROOMS • Empty trash receptacles and wash, if necessary. • Restock all paper products and hand soap. • Disinfect door handles, partition handles, and light switches. • Clean all dispensers,'mirrors, and fixtures • Clean and disinfect sinks, urinals, toilets, and toilet seats. • Spot clean walls and partitions to remove smudges and graffiti. • Sweep and mop floor with disinfectant. • Pour water down the floor drains to prevent the traps from drying out. j PARK TRASH RECEPTACLES • Empty all trash receptacles throughout park. (Replace Liners on Sunday, unless full) WEEKLY CLEANING SCHEDULE RESTROOMS • Clean and sanitize the outside of trash receptacles and dispensers. • Polish all dispensers, mirrors, and bright work. • High dust tops of doors, partitions, mirrors, and air vents. • Clean and sanitize restroom partitions and walls around toilets and urinals. TWICE YEARLY SERVICE • Scrub floor and refinish. • Clean baseboards. Jan-Pro Cleaning Systems of Ontario The City of Grand Terrace REFERENCES Cathie Akers Thermo King Services 14080 Valley Boulevard Fontana, CA (909) 350-1010 Erica Lopez Caterpillar 1496 E. Locust Ontario, CA (909) 972-6614 Rosio Valdez County of San Bernardino Upland Counseling 934 N. Mountain Upland, CA (909) 579-8100 John Fulkerson Panolam Industries 8535 Oakwood Place Ontario, CA l� (909) 581-1970 Denise Van Hill Heritage Linerlink 12320 4th Street Rancho Cucamonga, CA (909) 646-3008 Frank Hillpot San Bernardino Golf 1494 South Waterman Avenue San Bernardino, CA (909) 885-2414 Carol Santa Cruz A.B.L.E. Redlands 1910 Orange Tree Lane Redlands, CA (909) 335-3030 Jan-Pro Cleaning Systems of Ontario The City of Grand Terrace 133 BID SCHEDULE for FACILITIES CLEANING SERVICES FOR GRAND TERRACE CITY HALL, BUILDING & SAFETY/PUBLIC WORKS BUILDING, RICHARD ROLLINS AND PICO PARK We, the undersigned, agree to Facilities Cleaning Services for the City Hall, Building & Safety/Public Works Building, Richard Rollins and Pico Park per the specifications at the proposal prices below. We further agree to provide all services as required in the specifications and instructions to offerors. Bidder: Jan-Pro Cleaning Systems of Ontario ITEM DESCRIPTION OF ESTIMATED UNIT UNIT PRICE UNIT TOTAL NO. ITEMS QUANTITY IN WORDS PRICE COST BASE BID I Cleaning of City 1 Year seven $7284 $7284 Hall Two(2)Days/week, thousand Tuesday and Thursday two hundred Nights eighty four dollars 2 Cleaning Building & 1 Year one $1608 $1608 Safety/ Public Works thousand Building Two(2) six hundred Days/week, Tuesday eight dollars and Thursday Nights 3 Provide services in the Year eighteen $2004 $2004 morning Three (3) hundred Days/week (Friday, dollars Saturday, and Sunday) Holidays at Rollins Park 4 Provide services in the Year eighteen $2004 $2004 _ morning Three (3) hundred Days/week (Friday, dollars Saturday, and Sunday) Holidays at Pico Park GRAND TOTAL OF PROPOSAL $ 12,900.00 Date: Rick Werner 3200 E Inland Empire Blvd Ste. 250 By: Ontario, CA 91764 Sales Executive 909-466-5858 Jan-Pro Cleaning Systems of Ontario The City of Grand Terrace 'JA PROFESSIONAL SERVICES AGREEMENT [**Jan-Pro Cleaning Solutions**] Facilities Cleaning Services THIS PROFESSIONAL SERVICES AGREEMENT("Agreement")is made and entered into this I'day of October 2011, ("Effective Date")by and between the CITY OF GRAND TERRACE("City"), a public entity,and [Jan-Pro Cleaning Solutions], [a Corporation], ("Professional"). 1. Scope of Services. City agrees to retain and does hereby retain Professional and Professional agrees to provide the services more particularly described in Exhibit "A", "Scope of Services" ("Services"),attached hereto and incorporated herein by reference,in conjunction with Facilities Cleaning Services("Services"). 2. Term. This Agreement shall be effective on the date first written above unless otherwise provided in Exhibit"A" Scope of Services and the Agreement shall remain in effect until September 30, 2012,unless otherwise terminated pursuant to the provisions herein. 3. Compensation/Payment. Professional shall perform the Services under this Agreement for the total sum not to exceed TWELVE THOUSAND NINE HUNDRED DOLLARS ($12,900.00)payable in accordance with the terms set forth in Exhibit"B". Payment shall be made in accordance with City's usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed.The invoices shall be delivered to City at the address set forth in Section 4 hereof. 4. Notices.Any notices required to be given hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail,certified and postage prepaid,addressed to the party to be served as follows: To Chy To Professional City of Grand Terrace Jan-Pro of Ontario Attn: Matthew Wirz 3200 East Inland Empire Blvd. 22795 Barton Rd.Bldg.B Suite#250 Grand Terrace,CA 92313 Ontario,Ca 91764 5. Prevailing Wage. If applicable, Professional and all subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code and implemented the City Council of the City of Grand Terrace. The Director's determination is on file and open to inspection in the office of the City Clerk and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein. 6. Contract Administration. A designee of the City will be appointed to administer this Agreement on behalf of City and shall be referred to herein as Contract Administrator. 7. Standard of Performance. While performing the Services, Professional shall exercise the reasonable professional care and skill customarily exercised by reputable members of Professional's profession practicing in the Metropolitan Southern California Area,and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. 8. Personnel. Professional shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Professional recognizes that the qualifications and experience of the personnel to be used are vital to professional and timely completion of the Services. The key personnel listed in Exhibit"C" attached hereto and incorporated herein by this reference and assigned to perform portions of the Services shall remain assigned through completion of the Services, unless otherwise mutually agreed by the parties in writing, or caused by hardship or resignation in which case substitutes shall be subject to City approval. 9. Assignment and Subcontracting.Neither party shall transfer any right, interest,or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event, no assignment shall be made unless the assignee expressly assumes the obligations of assignor under this Agreement,in writing satisfactory to the parties. Professional shall not subcontract any portion of the work required by this Agreement without prior written approval by the responsible City's Contract Administrator. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 12. Professional acknowledges that any transfer of rights may require City Manager and/or City Council approval. �I 10. Independent Contractor. In the performance of this Agreement, Professional, and Professional's employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City or the City of Grand Terrace. Professional acknowledges and agrees that the City has no obligation to pay or withhold state or federal taxes or to provide workers' compensation or unemployment insurance to Professional, or to Professional's employees, subcontractors and agents. Professional,as an independent contractor, shall be responsible for any and all taxes that apply to Professional as an employer. 11. Indemnification. 11.1 Indemnity. Except as to the sole negligence or willful misconduct of the City,Professional shall defend, indemnify and hold the City, and its officers,employees and.agents,harmless from any and all loss, damage, claim for damage, liability, expense or cost, including attorneys' fees, which arises out of or is in any way connected with the performance of work under this Agreement by Professional or any of the Professionars employees, agents or subcontractors and from all claims by Professional's employees, subcontractors and agents.for compensation for services rendered to Professional in the performance of this Agreement, notwithstanding that the City may have benefitted from their services. This indemnification provision shall apply to any acts or omissions, willful misconduct or negligent 2 136 conduct, whether active or passive, on the part of Professional or of Professional's employees, subcontractors or agents. 11.2 Attorney's Fees. The parties expressly agree that any payment, attorneys' fees, costs or expense that the City incurs or makes to .or on behalf of an injured employee under the City's self- administered workers'compensation is included as a loss,expense or cost for the purposes of this Section, and that this Section shall survive the expiration or early termination of the Agreement. 12. Insurance. 12.1 General Provisions. Prior to the City's execution of this Agreement, Professional shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified in writing by the City's Risk Manager or City Attorney,or a designee,unless such modification is prohibited by law. 12.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Professional's indemnification obligations under Section 11 hereof. 12.1.2 Ratings. Any insurance policy or coverage provided by Professional or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder's rating of A-or higher and a Financial Class of VII or higher. 12.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid. 12.1.4 Adequacy. The City, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by Professional pursuant to this Agreement are adequate to protect Professional. If Professional believes that any required insurance coverage is inadequate, Professional will obtain such additional insurance coverage as Professional deems adequate, at Professional's sole expense. 12.2 Workers' Compensation Insurance: By executing this Agreement, Professional certifies that Professional is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation, or to undertake self-insurance before commencing any of the work. Professional shall carry the insurance or provide for self-insurance required by California law to protect said Professional from claims under the 'Workers' Compensation Act. Prior to City's execution of this Agreement, Professional shall file with City either (1) a certificate of insurance showing that such insurance is in effect, or that Professional is self-insured for such coverage, or (2) a certified statement that Professional has no employees, and acknowledging that if Professional does employ any person, the necessary certificate of insurance will 3 137 immediately be filed with City. Any certificate filed with City shall provide that City will be given ten (10)days prior written notice before modification or cancellation thereof. 12.3 Commercial General Liability and Automobile Insurance. Prior to City's execution of this Agreement,Professional shall obtain,and shall thereafter maintain during the term of this Agreement, commercial general liability insurance and automobile liability insurance as required to insure Professional against damages for personal injury, including accidental death, as well as from claims for property damage,which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Professional. The City and the City, and its officers, employees and agents, shall be named as additional insureds under the Professional's insurance policies. 12.3.1 Professional's commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products-completed operations liability, independent Professional's liability,personal injury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the amount of not less than$2,000,000. 12.3.2 Professional's automobile liability policy shall cover both bodily injury and property damage in an amount not less than $500,000 per occurrence and an aggregate limit of not less than $1,000,000. All of Professional's automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Professional's performance of this Agreement, which vehicles shall include, but are not limited to, Professional owned vehicles, Professional leased vehicles, Professional's employee vehicles,non-Professional owned vehicles and hired vehicles. 12.3.3 Prior to City's execution of this Agreement, copies of insurance policies or original certificates and additional insured endorsements evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with City and shall include the City and its officers, employees and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions: It is agreed that the City of Grand Terrace and its officers, employees and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the City of Grand Terrace. 12.4 Errors and Omissions Insurance. Prior to City's execution of this Agreement, Professional shall obtain, and shall thereafter maintain during the term of this Agreement, errors and omissions professional liability insurance in the minimum amount of$1,000,000 to protect the City from claims resulting from the Professional's activities. 12.5 Subcontractors' Insurance. Professional shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss that may be caused by the subcontractors' scope of work and activities provided in furtherance of this Agreement, including, but 4 13R without limitation, the following coverages: Workers Compensation, Commercial General Liability, Errors and Omissions,and Automobile liability.Upon City's request,Professional shall provide City with satisfactory evidence that Subcontractors have obtained insurance policies and coverages required by this section. 13. Business Tag. Professional understands that the Services performed under this Agreement constitutes doing business in the City of Grand Terrace, and Professional agrees that Professional will register for and pay a business tax pursuant to Chapter 5.04 of the Grand Terrace Municipal Code and keep such tax certificate current during the term of this Agreement. 14. Time of Essence. Time is of the essence for each and every provision of this Agreement. 15. City's Right to Employ Other Professionals. City reserves the right to employ other Professionals in connection with the Services. 16. Accounting Records. Professional shall maintain complete and accurate records with respect to costs incurred under this 'Agreement. All such records shall be clearly identifiable. Professional shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Professional shall allow inspection of all work, data, documents,proceedings, and activities related to the Agreement for a period of three(3)years from the date of final payment under this Agreement. 17. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Professional in connection with the performance of this Agreement shall be held confidential by Professional, except as otherwise directed by City's Contract Administrator. Nothing furnished to Professional which is otherwise known to the Professional or is generally known, or has become known, to the related industry shall be deemed confidential. Professional shall not use City's name or insignia,photographs of the Services, or any publicity pertaining to the Services or the Services in any magazine,trade paper,newspaper,television or radio production,website,or other similar medium without the prior written consent of the City. 18. Ownership of Documents. All reports, maps, drawings and other contract deliverables prepared under this Agreement by Professional shall be and remain the property of City upon City's compensation to Professional for its services as herein provided. Professional shall not release to others information furnished by City without prior express written approval of City. 19. Conflict of Interest. Professional, for itself and on behalf of the individuals, represents and warrants that by the execution of this Agreement, they have no interest, present or contemplated, in the Services affected by the above-described Services. Professional further warrants that neither . Professional,nor the individuals have any real property,business interests or income interests that will be affected by this Service or, alternatively, that Professional will file with the City an affidavit disclosing any such interest. 5 ,�a 20. Solicitation.Professional warrants that Professional has not employed or retained any person or City to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement. For breach of this warranty, City shall have the right to terminate this Agreement without liability and pay Professional only for the value of work Professional has actually performed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Professional the full amount of such commission, percentage, brokerage or commission fee. The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement. 21. General Compliance with Laws. Professional shall keep fully informed of federal, state '- and local laws and ordinances and regulations which in any manner affect those employed by ' Professional, or in any way affect the performance of services by Professional pursuant to this Agreement. Professional shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. 22. Amendments. This Agreement may be modified or amended only by a written Agreement and/or change order executed by the Professional and City. 23. Termination. City,by notifying Professional in writing,shall have the right to terminate any or all of Professional's services and work covered by this Agreement at any time. In the event of such termination, Professional may submit Professional's final written statement of the amount of Professional's services as of the date of such termination based upon the ratio that the work completed bears to the total work required to make the report complete,subject to the City's rights under Sections 15 and 24 hereof. In ascertaining the work actually rendered through the termination date, City shall consider completed work, work in progress and complete and incomplete reports and other documents only after delivered to City. 23.1 Other than as stated below, City shall give Professional thirty(30)days prior written notice prior to termination. 23.2 City may terminate this Agreement upon fifteen(15) days written notice to Professional, in the event: 23.2.1 Professional substantially fails to perform or materially breaches the Agreement;or 23.2.2 City decides to abandon or postpone the Services. 24. Offsets. Professional acknowledges and agrees that with respect to any business tax or penalties thereon, utility charges, invoiced fee or other debt which Professional owes or may owe to the City, City reserves the right to withhold and offset said amounts from payments or refunds or reimbursements owed by City to Professional. Notice of such withholding and offset shall promptly be given to Professional by City in writing. In the event of a dispute as to the amount owed or whether such 6 Ian amount is owed to the City, City will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved. 25. Successors and Assigns. This Agreement shall be binding upon City and its successors and assigns, and upon Professional and its permitted successors and assigns, and shall not be assigned by Professional,either in whole or in part,except as otherwise provided in paragraph 9 of this Agreement. 26. Venue and Attorneys' Fees. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of San Bernardino, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other ,� t county. In the event either party hereto shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition of this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs thereof, including reasonable attorneys'fees,to be set by the court in such action. 27. Nondiscrimination. During Professional's performance of this Agreement, Professional shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex, or sexual orientation, in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code. Further,Professional agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. 28. Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, of this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement,and the remainder of the Agreement shall continue in full force and effect. 29. Authority: The individuals executing this Agreement and the instruments referenced herein on behalf of Professional each represent and warrant that they have the legal power, right and actual authority to bind Professional to the terms and conditions hereof and thereof. 30. Entire Agreement: This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by, nor is neither party relying on, any representation or warranty outside those expressly set forth in this Agreement. 31. Interpretation. City and Professional acknowledge and agree that this Agreement is the product of mutual arms-length negotiations and accordingly,the rule of construction,which provides that 7 1A1. the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement. 31.1 Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of the Agreement or any of its terms. References to section numbers are to sections in the Agreement unless expressly stated otherwise. 31.2 This Agreement shall be governed by and construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. 31.3 In the event of a conflict between the body of this Agreement and Exhibit"A"("Scope of Services")hereto,the terms contained in Exhibit"A"shall be controlling. 32. Exhibits. The following exhibits attached hereto are incorporated herein to this Agreement by this reference: Exhibit,"A"-Scope of Services and fees Exhibit`B"-Compensation Exhibit"C"-Key Personnel 8 142 IN WITNESS WHEREOF City and Professional have caused this Agreement to be duly executed the day and year first above written. THE CITY OF GRAND TERRACE, A public body By: Betsy M.Adams Company City Manager (Name) Attest: Tracey Martinez By: Interim City Clerk [Printed Name] APPROVED AS TO FORM: [Title] By: City Attorney ` 9 4A7 EDIT"A" SCOPE OF WORK The City of Grand Terrace is requesting statements of qualifications and proposals from highly qualified firms to provide Facilities Cleaning Services. The following services are specifically requested: 1. Provide services two (2) Days/week,Tuesdav&Thursday Nights. at City Hall& Building& Safety/Public Works Dent. t • Sweep all hard-surfaced floors with treated dust mops. • Vacuum all carpet traffic patterns, giving special attention to public and executive areas. • Empty all waste containers and place trash in pick-up areas. • Dust desks, chairs, and office furniture with treated dust cloths. (Papers and folders left on desks will not be moved.) • Spot-clean door glass. • Remove smudges from doors, door frames,and counters. • Clean and polish drinking fountains. • Return furniture to neat and orderly position. • Remove spillage spots from carpets. • Replace wastebasket liners as necessary. • Spot-clean partition glass. ' • Clean lunch tables and counters. • Clean counter and floor areas around coffee machine. • Empty sanitary napkin containers and replace insert. • Polish all metal and mirrors. • Clean and disinfect all dispensers. • Clean and disinfect wash basins,toilet bowls and urinals. • Disinfect underside and tops of toilet seats. • Spot-clean tile walls and toilet partitions. • Spot-clean walls around wash basins. • Mop all lavatory floors with germicidal solution. • Refill soap,towel,tissue containers, and seat cover dispensers. (Supplies will be provided) WEEKLY SERVICE • Detail vacuum all carpeted areas. • Dust baseboards, ledges, and window sills. • Perform dusting of low-reach areas. Detail wood work. • Dust all counters, shelves,bookcases,and file cabinets. • Spot clean painted partitions and painted walls. • Spot-clean all wall switches and door facings. • Clean entry door metal and thresholds. 10 • Clean lunchroom furniture and appliances. • Replace basket liners MONTHLY SERVICE • Perform dusting of high-reach areas including partition tops,door tops, and air conditioning vents. • Dust picture frames. • Brush down or vacuum wall ceiling vents. • Clean and polish executive furniture. QUARTERLY SERVICE • Brush or vacuum upholstered furniture. • Wipe down plastic and leather furniture. • Clean entry door metal trim. FLOOR SERVICE • Mop composition floors for spillage daily. • Clean and refinish all common areas floors. (Twice/year) • Carpet shampooing(Twice/year) • Wipe down baseboards when refinishing floors. WINDOW CLEANING SERVICE: • Spot clean entry lobby window glass inside and out. • Spot Clean partition glass. EXTERIOR SERVICE: • Sweep entrance approaches daily. 2. Provide services in the morning three(3)Days/week(Friday, Saturday, & Sunday)&Holidays at Rollins Park and Pico Park DAILY SERVICE FOR COMMON AREAS. • Empty and wipe out all wastepaper receptacles. • Empty sanitary napkin containers and replace insert. • Polish all metal and mirrors. • Clean and disinfect all dispensers. • Clean and disinfect wash basins,toilet bowls and urinals. • Disinfect underside and tops of toilet seats. • Spot-clean tile walls and toilet partitions. • Spot-clean walls around wash basins. • Mop all lavatory floors with germicidal solution. • Refill soap,towel,tissue containers, and seat cover dispensers. (Paper supplies provided) • Liners will be changed 1 time/weekend(Sunday only) 11 1aS WEEKLY SERVICE • Brush down vents. • Wash down ceramic tile walls and toilet compartment partitions. • Perform high dusting. • Pour clean water down floor drains to prevent sewer gases. FLOOR SERVICE • Scrub floor and refinish, clean baseboards. (Twice/year) 12 ,Af. EXH[BIT"B" COMPENSATION Payment shall be made in accordance with City's usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. Bills shall be invoiced at the rate of$1075.00 per month of service or$248.077 per week of service preformed.The total amount shall not exceed$12,900 per year. Notices,Any notices required to be given hereunder shall be in writing and shall be personally served or given by mail.Any notice given by mail shall be deemed given when deposited in the United States Mail, certified and postage prepaid,addressed to the party to be served as follows: To City To Professional City of Grand Terrace Jan-Pro of Ontario Attn: Matthew Wirz 3200 East Inland Empire Blvd. 22795 Barton Rd.Bldg.B Suite#250 Grand Terrace,CA 92313 Ontario,Ca 91764 Contractor shall allow a minimum of 30 days for payment after receipt of invoice without penalty of fees incurred. 13 EXMIT"C" KEY PERSONNEL Chuck Poyle Operations Manager Jan Pro of Ontario Cell-(909) 632-5463 Phone-(909)466-5858 Fax-(909)466-5108 Manuel Zavala Teresa Zavala(daughter) Independent Contractors 18563 Bohnert Ave. Rialto,CA 92377 909-713-9040 14 ,aQ RECEIVED Historical& Cultural Activities Committee SEP 0 7 20111 Minutes for June 6,2011 CITY OF GRAND TERRACE 'Y CLERK'S DEPARTMENT The meeting was called to order at 7:10 p.m. by Chair Pauline Grant. Those present were Pauline Grant,Ann Petta, Frances Carter, Peggy Reagan, Gloria Ybarra, City Clerk Brenda Mesa, Masako Gifford and Shelly Rosenkild. Secretary's Report: The minutes for May 2,2011 were read and approved on a motion by Frances, seconded by Peggy. All in favor. Motion carried. Treasurer's Report: The budget shows a balance of$ 97.13. The Petty Cash balance is $ 54.71. Historical Report: Ann reported that the missing guest book was found and will be kept in storage for future use. Old Business: 27 h annual Art Show, Sunday,May 1,2011 Regarding the thank you cards for the artists: Shelly will have the Art Show photos developed and Ann will compile the artists' names which she will then deliver to Brenda for completion. New Business: 3&annual Country Fair, Saturday,November 5,2011 Fair Advertisements: Shelly will prepare the newspaper article for advertisement of the Fair in the local newspapers. She will also have the posters/flyers ready for the next committee meeting. In addition,the cable ad will be featured on cable. After discussion, on a motion by Ann,seconded by Frances,with all in favor,the committee voted to not hold a meeting in July due to the number of committee member's vacations in July.As is observed annually,there will not be a meeting in August. The meeting was adjourned at 7:35 p.m. The next committee meeting is scheduled for Tuesday, September 6,2011. 1�espectfully Submitted, i Gloria Yb Secretary COUNCIL AGENDA ITEM NO.3D Aso CALIFORNIA AGENDA REPORT MEETING DATE: September 13, 2011 Council Item ( X ) CRA Item ( ) TITLE: Crossing Guard Update (� PRESENTED BY: Betsy M. Adams, City Manager RECOMMENDATION: Receive crossing guard information and provide further direction to staff on temporary continuation of this service. BACKGROUND: At the August 9 Council Meeting, the Council authorized using $1,500 from the General Fund projected fund balance of $389,743 to temporarily fund Crossing Guards for 30 days while the City and Colton Joint Unified School District (CJUSD) tried to develop a solution to continue to provide crossing guard services at three locations in Grand Terrace. The Council further directed that staff provide an update at the end of this 30 day period. DISCUSSION: Crossing Guard History in Grand Terrace & State Requirements In California, requirements, standards and guidance for crossing guards are included in the California Manual on Uniform Traffic Control Devices (MUTCD) in Part 7 (Traffic Controls for School Areas) which is included as Attachment A to this staff report. Portions of the California MUTCD are technical in nature; only specific sections relevant to crossing guard services will be referred in this discussion. In Grand Terrace, Crossing Guards (referred to as adult crossing guards in the California MUTCD) have been provided at the following locations: Location Year Started Provided By Funded By Barton / Michigan 1979 City City McLarren /Vivienda 1995 City CJUSD Terrace View/ Brentwood Unknown CJUSD CJUSD The California MUTCD, Page 7A-2, states "Upon request of the local school district, responsible traffic authorities shall investigate all locations along the school route and recommend appropriate traffic control measures. Refer to CVC 21373." For the three locations in Grand Terrace, staff has not been able to locate formal requests from COUNCIL AGENDA ITEM NO. 152 Crossing Guard Update Page 2 CJUSD to the City to evaluate the locations nor has staff been able to confirm that engineering traffic studies were done for any of the locations. An adult crossing guard is only one of several options that California MUTCD states can be considered when evaluating school crossings (Page 7A-3). Section 7E.02 Adult Crossing Guards (Page 7E-1 of the California MUTCD) lists very specific recommendations for assigning an adult crossing guard to a location based on various conditions (e.g. public highway, controlled crossing, urban area, number of school pedestrians, vehicular traffic volume, etc.). For school pedestrians crossing a public highway, the California MUTCD recommends "at least 40 school pedestrians for each of any two hours (not necessarily consecutive) daily." For the Barton/Michigan location, the Sheriffs Service Specialist proving temporary crossing guard services recorded the following pedestrian counts during a sampling of sessions in a one week period: Date Session Children Adults Total 8/26 Morning 3 1 4 8/26 Afternoon 7 2 9 8/30 Afternoon 18 4 22 8/31 Morning 61 31 9 8/31 Afternoon 141 31 17 9/1 Morning 9 1 3 1 12 This sampling should not be considered scientific but may suggest that if a formal traffic analysis was done providing a Crossing Guard for this location may not be consistent with California MUTCD recommendations. Staff recommends before committing the City to on-going funding of Crossing Guards, especially at the location where the City previously did not provide one (Terrace View / Brentwood), that the Council consider having a formal traffic analysis done for the three locations with Crossing Guards. In addition to evaluating the need for an adult crossing guard, such analysis may identify physical improvements which can be made at the crossing. This analysis could be done relatively quickly as the City has agreements with two traffic engineering firms. If, in the future, either the City or CJUSD were to consider applying for competitive grants through either the State or Federal Safe Routes to School programs it is likely a traffic analysis would be needed. Discussions with CJUSD & Use of Volunteers City and CJUSD staff met twice to review possible options to provide crossing guard services, including the use of volunteers. The City does not have staff available to supervise such volunteers so the City explored with its insurance pool (California Joint Powers Insurance Authority) if the City could provide liability coverage if CJUSD supervised volunteer crossing guards. The City's insurance pool obtained a legal opinion which stated that the City cannot do this. CJUSD, which may be able to supervise volunteer crossing guards, is not able to obtain liability coverage from its insurance pool (Alliance of Schools for Cooperative Insurance Programs) for volunteer activities in public streets. CJUSD indicated at the most recent meeting with City staff that its Parent Teacher Association (PTA) also faced difficulty with liability coverage for volunteer crossing guards. CJUSD has not identified a funding source for paid crossing guards but is working with the PTA on traffic safety education for students and parents. Crossing Guard Update Page 3 Separate from the meetings with CJUSD, staff checked with the Sheriffs Department to see if volunteer crossing guards could be incorporated into the Citizens on Patrol volunteer program. The County indicated that this was not possible for two reasons — supervision of another group of volunteers does not fall within the Job Performance Standards of the Sheriffs Service Specialist (SSS) and the County does not want to assume the liability for crossing guard services. With regard to the SSS, it has also been suggested that the City continue to use this Sheriffs Department employee to provide crossing guard services. The arrangement with the Sheriffs Department was for a 30 day period and has impacted patrol services. The SSS provides first response for non emergency calls (e.g. non injury traffic collisions, burglaries or thefts if the suspect is gone, etc.) and is expected to handle more of these calls now that the City no longer has a Traffic Deputy. During a two week period of temporarily assisting with crossing guard services, the SSS was not able to respond to 10 calls for service when she otherwise would have been the first responder thus requiring a Patrol Deputy to respond to these non emergency calls. FISCAL IMPACT: The City's portion of crossing guard services had been budgeted in the Traffic Safety Fund (Fund 17) which has been operating at a deficit for several years and owes $48,523.75 to the Facilities Fund (Fund 19). The projected ending fund balance for FY 2011-12 for Fund 17 is -$20,219 with the Crossing Guard Program eliminated. The deficit increases to -$29,359 if the City maintains funding for the two locations where it has historically provided Crossing Guards (Barton/Michigan and McLarrenNivienda). The deficit increases to -$32,272 if the City assumes fiscal responsibility for the one location where CJUSD has historically provided the Crossing Guard (Terrace View/Brentwood). These numbers do not include the $48,523.75 owed to Fund 19. An alternative funding option, should the Council desire to restore the crossing guard services on an on-going basis, could be the General Fund. While not a recommended option, as the General Fund is under significant fiscal stress, it is nonetheless an option available to the Council. Respectfully submitted: Betsy WAdam , City Manager ATTACHMENTS: Attachment A: California Manual of Uniform Traffic Control Devices, Part 7 Traffic Controls for School Areas 1S4 Attachment A California Manual of Uniform Traffic Control Devices, Part 7 Traffic Controls for School Areas ,s5 California Manual on Uniform Traffic Control Devices for Streets and Highways (FHWA's MUTCD 2003 Edition including Revisions 1 and 2, as amended for use in California) PART 7 Traffic Controls for School Areas w STATE OF CALIFORNIA BUSINESS, TRANSPORTATION AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION VA California MUTCD Page TC7-1 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) PART 7.TRAFFIC CONTROLS FOR SCHOOL AREAS TABLE OF CONTENTS Page CHAPTER 7A. GENERAL Section 7A.01 Need for Standards 7A-I Section 7A.02 School Routes and Established School Crossings 7A-I Section 7A.03 School Crossing Control Criteria 7A-2 Section 7A.04 Scope 7A-3 Section 7A.05 Application of Standards 7A-3 Section 7A.06 Engineering Study Required 7A-3 Section 7A.07 Maintenance of Traffic Control Devices 7A-3 Section 7A.08 Placement Authority 7A-3 Section 7A.09 Unauthorized Devices and Messages 7A-4 Section 7A.10 Meaning of Standard, Guidance,Option,and Support 7A-4 CHAPTER 7B. SIGNS Section 7B.01 Size of School Signs 7B-1 Section 7B.02 Illumination and Reflectorization 7B-1 Section 7B.03 Position of Signs 7B-1 Section 7B.04 Height of Signs 7B-1 Section 713.05 Installation of Signs 7B-I Section 7B.06 Lettering 7B-2 Section 7B.07 Sign Color for School Warning Signs 7B-2 Section 7B.08 School Advance Warning Assembly(S 1-1 with Supplemental 7B-2 Plaque) Section 7B.09 School Crosswalk Warning Assembly(S1-1 with Diagonal 7B-3 Arrow) Section 7B.10 SCHOOL BUS STOP AHEAD Sign(S3-1) 7B-4 Section 7B.I I School Speed Limit Assembly(S4-1, S4-2,S4-3, S4-4, S4-6, 7B-4 S5-1) Section 7B.12 Reduced Speed School Zone Ahead Sign(S4-5,S4-5a) 7B-6 Section 7B.13 END SCHOOL ZONE Sign(S5-2) 7B-7 Section 7B.14 Parking and Stopping Signs (R7 and R8 Series) 7B-7 CHAPTER 7C. MARKINGS Section 7C.01 Functions and Limitations 7C-I Section 7C.02 Standardization of Application 7C-1 Section 7C.03 Crosswalk Markings 7C-I Section 7C.04 Stop and Yield Lines 7C-2 Section 7C.05 Curb Markings for Parking Regulations 7C-3 Section 7C.06 Pavement Word and Symbol Markings 7C-3 CHAPTER 7D. SIGNALS Section 7D.01 General 7D-1 Table of Contents January 21,2010 Part 7-Traffic Controls for School Areas 1SR California MUTCD Page TC7-2 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) Page CHAPTER 7E. CROSSING SUPERVISION Section 7E.01 Types of Crossing Supervision 7E-1 Section 7E.02 Adult Crossing Guards 7E-1 Section 7E.03 Qualifications of Adult Crossing Guards 7E-2 Section 7E.04 Uniform of Adult Crossing Guards and Student Patrols 7E-2 Section 7E.05 Operating Procedures for Adult Crossing Guards 7E-3 Section 7E.06 Uniformed Law Enforcement Officers 7E-4 _ Section 7E.07 Student Patrols 7E-4 \ Section 7E.08 Choice of Student Patrols 7E-4 Section 7E.09 Operating Procedures for Student Patrols 7E-4 CHAPTER 7F. GRADE-SEPARATED CROSSINGS Section 7F.01 Function 7F-1 Section 7F.02 Types of Grade-Separated Crossings 7F-1 Section 7F.03 Criteria for Use of Grade-Separated Crossings 7F-1 FIGURES CHAPTER7A. GENERAL Figure 7A-1 Example of School Route Plan Map 7A-5 CHAPTER 7B. SIGNS Figure 1 Seheel A eaSigns 7B-8 Figure 7B-1(CA) School Area Signs 7B-9 7B-11 Figure 7B-2(CA) Examples of Signing for School Crosswalk Warning Assembly 7B-12 Figiffe 7B 3 Examples of Sigaing for-Sebeel Area T-r-affie Gentfel with Sebeel 7B-13 Speed bifflitf, Figure 7B-3(CA) Examples of Signing for School Area Traffic Control with School Speed 7B-14 Limits Figure 7B-4 In-Street Signs in School Areas 713-15 Figure 7B-101(CA) Example of School Area Signs with Flashing Yellow Beacons 7B-16 Figure 7B-102(CA) Example of Signing for Traffic Control in School Areas with Flashing 7B-17 Yellow Beacons Figure 7B-103(CA) Example of Signing for School Area Traffic Control with Extended and/or 7B-17 Reduced School Zone Speed Limits CHAPTER 7C. MARKINGS "SQU001 7C-5 Figure 7C-101(CA) Pavement Word Markings for School Areas 7C-6 Table of Contents January 21,2010 Part 7—Traffic Controls for School Areas 15U California MUTCD Page TC7-3 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) Page TABLES CHAPTER 7B. SIGNS Table 7B-1 Size of School Area Signs and Plaques 7B-19 Table 7B-1(CA) Size of California School Area Signs and Plaques 7B-19 Table of Contents January 21,2010 Part 7—Traffic Controls for School Areas 160 California MUTCD Page 7A-1 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) CHAPTER 7A. GENERAL Section 7A.01 Need for Standards Support: It is important to stress that regardless of the school location,the best way to achieve reasonably safe and effective traffic control is through the uniform application of realistic policies,practices,and standards developed through engineering judgment. Pedestrian safety depends upon public understanding of accepted methods for efficient traffic control. This principle is especially important in the control of pedestrians,bicycles,and other vehicles in the vicinity of schools.Neither pedestrians on their way to or from school nor road users can be expected to move safely in school areas unless they understand both the need for traffic controls and how these controls function for their benefit. Procedures and devices that are not uniform might cause confusion among pedestrians and road users, prompt wrong decisions,and contribute to crashes.To achieve uniformity of traffic control in school areas, comparable traffic situations need to be treated in a consistent manner.Each traffic control device and control method described in Part 7 fulfills a specific function related to specific traffic conditions. A uniform approach to school area traffic controls assures the use of similar controls for similar situations(which promotes uniform behavior on the part of motorists,pedestrians,and bicyclists). A school traffic control plan permits the orderly review of school area traffic control needs,and the coordination of school/pedestrian safety education and engineering activities. Guidance: A school route plan for each school serving elementary to high-seheel students should be prepared in order to develop uniformity in the use of school area traffic controls and to serve as the basis for a school traffic control plan for each school. Option: A school route plan for each school serving middle school or high school students may be prepared. Guidance: The school route plan,developed in a systematic manner by the school, law enforcement,and traffic officials responsible for school pedestrian safety,should consist of a map(see Figure 7A-1)showing streets, the school,existing traffic controls,established school walk routes,and established school crossings. The type(s)of school area traffic control devices used,either warning or regulatory,should be related to the volume and speed of vehicular traffic,street width,and the number and age of the students using the crossing. School area traffic control devices should be included in a school traffic control plan. Support: Reduced speed limit signs for school areas and crossings are included in this Manual solely for the purpose of standardizing signing for these zones and not as an endorsement of mandatory reduced speed zones. Parents,school administrators,traffic officials, civic leaders,and vehicle drivers share the responsibility of educating school pedestrians on the use of traffic control devices. Programs in the home and school to train the child as a responsible pedestrian are an important factor in improving their understanding of traffic control devices. The words"School Pedestrians", "Children",and"Students"are used interchangeably and could include student bicyclists for the purpose of determining appropriate cross protection measures. Section 7A.02 School Routes and Established School Crossings Support: The planning criterion for school walk routes might make it necessary for children to walk an indirect route to an established school crossing located where there is existing traffic control and to avoid the use of a direct crossing where there is no existing traffic control. Guidance: School walk routes should be planned to take advantage of existing traffic controls. Chapter 7A—General January 21,2010 Part 7-Traffic Controls for School Areas 162 California MUTCD Page 7A-2 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) The following factors should be considered when determining the feasibility of requiring children to walk a longer distance to a crossing with existing traffic control: A.The availability of adequate sidewalks or off-roadway sidewalk areas to and from the location with existing control; B. The number of students using the crossing; C. The age levels of the students using the crossing; and D. The total extra walking distance. Support: There is a need in each school district to establish an organization concerned with students enroute to and from school.Through such an organization,the school district can be responsibly involved in processing requests for traffic safety controls and for safety programs and can coordinate activities within and between the community and public agencies. �. In order to provide a responsible administrative structure for the school area, each school district is encouraged to: 1. Assign student pedestrian responsibilities to a competent staff member and/or 2. Organize a school student pedestrian advisory committee to serve the needs of each public and private school. Guidance: When the advisory committee structure is used,the committee should include governmental and school district staff who has the responsibility and authority to initiate and provide programs and projects. Representatives from the city and/or county superintendent of schools office should be the official members. Advisors should include representatives of the local area Safety Council,traffic engineers, police authorities,the Parent- Teachers Association,Automobile Clubs(AAA), plus others as needed. Staff and Committee Responsibility: Guidance: The duties of staff members and/or each committee should be to guide and coordinate all activities connected with the school traffic safety program,such as: 1. Establish traffic safety policies and procedures. 2. Recommend priorities for proposed improvement projects. 3. Notify the responsible agencies of school-pedestrian-traffic related issues. 4. Review and approve the various phases of the school student traffic safety program. 5. Review and process requests and complaints. 6. Promote good public relations. The County Superintendent of School's office should coordinate all student pedestrian committees'actions in establishing and promoting uniform practices for school pedestrian safety throughout the county. School Responsibility: Guidance: Traffic related issues about school pedestrians on the approaches to the school should be referred to the school district or local school principal for review and transmission to the appropriate staff person or to the school student pedestrian advisory committee. Support: Refer to CVC 21373 for school board request for traffic control devices. Government Traffic Agency Responsibility: Standard: Upon request of the local school district, responsible traffic authorities shall investigate all locations along the school route and recommend appropriate traffic control measures.Refer to CVC 21373. Section 7A.03 School Crossing Control Criteria Support: Alternate gaps and blockades are inherent in the traffic stream and are different at each crossing location. For safety,students need to wait for a gap in traffic that is of sufficient duration to permit reasonably safe crossing. When the delay between the occurrence of adequate gaps becomes excessive, students might become impatient and endanger themselves by attempting to cross the street during an inadequate gap. Chapter 7A—General January 21,2010 Part 7-Traffic Controls for School Areas 163 California MUTCD Page 7A-3 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) A recommended method for determining the frequency and adequacy of gaps in the traffic stream is given in the Institute of Transportation Engineers' publication,"School Trip Safety Program Guidelines" (see Section 1A.11). Support: Properly conducted engineering and traffic studies will determine the appropriate measures to be developed at school crossings.Types of school pedestrian measures that can be considered can include: 1. Warning signs and markings. 2. Variable speed limits. 3. Intersection stop signs. 4. Flashing yellow beacons. 5. Traffic signals. 6. Remove visibility obstructions. 7. School Safety Patrol. 8. Adult Crossing Guard. 9. Pedestrian separation structures. 10. Pedestrian walkways along the roadway. 11. Pedestrian walkways separated from the roadway. 12. Parking controls and curb-use zones. 13. Bus transportation. Section 7A.04 Scope Standard: Part 7 sets forth basic principles and prescribes standards that shall be followed in the design, application,installation,and maintenance of all traffic control devices(including signs,signals,and markings)and other controls(including adult crossing guards,student patrols,and grade-separated crossings)required for the special pedestrian conditions in school areas. Option: In-roadway signs for school traffic control areas may be used consistent with the requirements of Sections 2B.12,713.08,and 7B.09. Support: Requirements discussed in Chapter 2A and Section 213.05 are applicable in school areas. Section 7A.05 Application of Standards Support: Sections 1A.02 and 1A.07 contain information regarding the application of standards. Section 7A.06 Engineering Study Required Support: Section 1A.09 contains information regarding engineering studies. Section 7A.07 Maintenance of Traffic Control Devices Support: Section 1A.05 contains information regarding the maintenance of traffic control devices. Section 7A.08 Placement Authority Support: Section 1A.08 contains information regarding placement authority for traffic control devices. The following references from the California Vehicle Code relate to traffic controls for school areas: 1. Section 377—Limit Line. 2. Section 627—Engineering and Traffic Survey. 3. Section 21102—Local Authority to Close Streets. 4. Section 21368—Crosswalks Near Schools. Chapter 7A—General January 21,2010 Part 7-Traffic Controls for School Areas 164 California MUTCD Page 7A-4 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) 5. Section 21372—Guidelines for Traffic Control Devices Near Schools. 6. Section 21373—School Board Request for Traffic Control Devices. 7. Section 21458—Curb Markings. 8. Section 21949 through 21971 —Pedestrians' Rights and Duties. 9. Section 22350—Basic Speed Law. 10, Section 22352—Prima Facie Speed Limits. 11. Section 22358.4—Decrease of Local Limits Near Schools or Senior Centers. 12. Section 22504—Unincorporated Area Parking;School Bus Stops. 13. Section 40802—Speed Traps. 14. Section 42200—Disposition by Cities and Other Local Entities. 15. Section 42201 —Disposition by County. 16. Section 42011 —Fine Enhancement; Passing a School Section 7A.09 Unauthorized Devices and Messages Support: Sections 1A.01 and 1A.08 contain information regarding unauthorized devices and messages. Section 7A.10 Meaning of Standard,Guidance,Option,and Support Support: The introduction to this Manual contains information regarding the meaning of the headings Standard, Guidance,Option,and Support,and the use of the words shall,should,and may. (This space left intentionally blank) Chapter 7A—General January 21,2010 Part 7-Traffic Controls for School Areas 1 fi5 California MUTCD Page 7A-5 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) Figure 7A-1. Example of School Route Plan Map 41 ` - r 1 CONNECTtCUT .� 1 CONNECTICUT"" SHEAWOOD CT NOTTINGHAM ROCKTON DR GATESHEAD D AYLEAR LN E o Cb COLORADO CT ¢ ATE HEAD DR Gq� COPPERFIELD CT �Y c Q9T� a Sp 2 w W 3 w.. W a AWLEY CT� �r� S H w r,- c7 w , tp �Fy z ~ Qp DE I ASALLE SIERRA S1E ,p OQ CT SAN LUIS CTjGT 0 DR Z w � x STACEY ST Z !f a PUEBLO STiJA SHARI ST -.-. ANDREW RD 95TH ST 95TH ST Legend School Qs Signalized Intersection m Marked Crosswalk ® STOP Sign Approach © Crossing Guard of Pedestrian Route Chapter 7A—General January 21,2010 Part 7-Traffic Controls for School Areas 166 California MUTCD Page 7B-1 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) CHAPTER 7B. SIGNS Section 7B.01 Size of School Signs Standard: The sizes of signs and plaques to be used on conventional roadways in school areas shall be as I shown in Table 713-1 and 7B-1(CA). The Conventional Road sign size shall be used on public roads,streets, and highways unless engineering judgment determines that a Minimum or Oversized sign size would be more appropriate. The Oversized sign size shall be used on expressways. Option: The Oversized sign size may be used for applications that require increased emphasis,improved recognition,or increased legibility. The Minimum sign size may be used on local residential streets,in urban areas,and where there are low traffic volumes and low vehicle speeds, as determined by engineering judgment. Standard: The standard sign dimensions prescribed in this California MUTCD, FHWA's Standard Highway Signs book and Department of Transportation's California Sign Specifications shall be used unless engineering judgment determines that other sizes are appropriate.Where engineering judgment determines that sizes smaller than the standard dimensions are appropriate for use,the sign dimensions shall not be less than the minimum dimensions specified in this California MUTCD,Standard Highway Signs book or the Department of Transportation's California Sign Specifications.See Section 1A.11 for information regarding these publications. Section 713.02 Illumination and Reflectorization Standard: The signs used for school area traffic control shall be retroreflectorized or illuminated. Section 7B.03 Position of Signs r" Guidance: Signs should be placed in positions where they will convey their messages most effectively without restricting lateral clearance or sight distances.Placement therefore should consider highway design, alignment,vehicle speed,and roadside development. Signs should have a maximum practical clearance from the edge of the traveled way for the safety of vehicles that might leave the roadway and strike the sign supports.Except as noted in the Option,signs should not be closer than 1.8 in(6 ft)from the edge of a paved shoulder,or if none,3.7 in(12 ft)from the edge of the traveled way. Option: In urban areas,a lesser clearance of not less than 0.6 in(2 ft)from the face of the curb may be used.In urban areas,where sidewalk width is limited or existing poles are close to the curb,a clearance of 0.3 m(1 ft)from the curb face may be used. Support: Section 2A.16 contains information regarding standardization of location for signs. Examples of location of school area signs for typical installations are shown in Figure 7B-1(CA). Section 713.04 Height of Signs Support: Section 2A.18 contains information regarding the mounting height of signs. Section 713.05 Installation of Signs Support: Section 2A.16 contains information regarding the installation of signs. Examples of school area signing, markings,flashing beacons and overhead school signs are shown in Figures 713- I 1(CA)through 7B-3(CA), 713-4 and Figures 713-101(CA)and 713-102(CA). Chapter 7B—Signs January 21,2010 Part 7-Traffic Controls for School Areas 168 California MUTCD Page 7B-2 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) Section 713.06 Letter it Support: The Federal Highway Administration's"Standard Highway Signs"book(see Section 1A.11)contains information regarding sign lettering. Section 713.07 Sien Color for School Warnine Siens Standard: Except as noted in the Option,school warning signs shall have a yellow background with a black legend and border unless otherwise stated in this Manual for a specific sign. Option: All school warning signs in addition to the following signs may have a fluorescent yellow-green background with a black legend and border: A. School Advance Warning sign(S1-1); B. SCHOOL BUS STOP AHEAD sign(S3-1); C. SCHOOL plaque(S4-3); D. The"SC1400r ++..,.i4ie.. of t a Sebeel Speed Limit sign(S5 1); E.XXX FEET plaque(W16-2 series); F.AHEAD plaque(W 16-9p); G.Diagonal Arrow plaque(W 16-7p);and H.Reduced Speed School Zone Ahead sign(S4-5, S4-5a). Guidance: When the fluorescent yellow-green background color is used,a systematic approach featuring one background color within a zone or area should be used.The mixing of standard yellow and fluorescent yellow-green backgrounds within a zone or area should be avoided. Section 713.08 School Advance Warnine Assembly(Sl-1 with Suunlemental Plaque) Guidanee: S sF The,Sehho-o-11 Advanee WRFRifig assembly shall be used-on--nd-vOnee of any instaflation of the Sehool G-r-esswalk sAlar-aing assembly(see Figure 79 2),or-in advanee of the first installe-ti-A-H of the Sebeel Speed Limit assembly(see Figure 7B 3). if used,the Sehool Advanee WSFBiHg assembly she-11 he in-stalued-net less then 45 m(150 ft)MW pplemented with a plaque"h the legend AHEAD(W16 9p) or XXX METERS (XM FEE-T) Standard: The School Advance Warning Assembly D(CA)shall be used in advance of any School Crosswalk Warning Assembly B(CA),School Crosswalk Warning Assembly E(CA)or the School Speed Limit Assembly C(CA). The School Warning Assembly A(CA)shall be used on streets with prima facie 40 km/h(25 mph)speed limits that are contiguous to a school building or school grounds. The SCHOOL(S4.3)plaque shall not be used alone. Guidance: If used,the School Warning Assembly A(CA)should be posted at the school boundary. Refer to CVC 22352. Option: If used,the School Warning Assembly A(CA)may be posted up to 150 m(500 ft)in advance of the school boundary. Refer to CVC 22352. Chapter 7B—Signs January 21,2010 Part 7-Traffic Controls for School Areas 169 California MUTCD Page 7B-3 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) Support: The School Warning Assembly A(CA)does not need to be posted if there are no school pedestrians using the highway and the school grounds are separated from the highway by a fence,gate or other physical barrier. Refer to CVC 22352. The School Warning Assemblies A(CA)through E(CA)are shown in Figure 76-1(CA). Option: A 300 mm(12 in)reduced size in-street School Advance Warning(SI-1)sign(see Figure 7134), installed in compliance with the mounting height and breakaway requirements for In-Street Pedestrian Crossing(R1-6 erR! Ha)signs(see Section 2B.12),may be used in advance of a school crossing to supplement the groundmounted school warning signs.A 300 x 150 mm(12 x 6 in)reduced size AHEAD (W16-9p)plaque may be mounted below the reduced size in-street School Advance Warning(S1-1)sign. Support: The In-Street Pedestrian Crossing(RI-6a)sign is deleted as a stop is not required in California per CVC 21950. Section 7B.09 School Crosswalk Warning Assembly(S1-1 with Diaconal Arrow) Standard: If used,the School Crosswalk Warning assembly Assembly B(CA) (see Figure 744 7B-1(CA))shall be installed at the marked crosswalk,or as close to it as possible,and shall consist of a School Advance Warning(S14)sign supplemented with a diagonal downward pointing arrow(W16-7p)plaque to show the location of the crossing. If used,the School Crosswalk Warning Assembly E(CA)(see Figures 76-1(CA)and 7B-101(CA))shall be installed in an overhead location at the marked crosswalk,or as close to it as possible,and shall consist of a School Advance Warning(S1-1)sign supplemented with a Double Diagonal Arrows(W66B(CA))plaque to show the location of the crossing. The School Crosswalk Warning assembly Assembly B(CA)or E(CA)shall not be used at marked crosswalks other than those adjacent to schools and those on established school pedestrian routes. The School Crosswalk Warning assembly Assembly B(CA)or E(CA)shall not be installed on -'- approaches controlled by a STOP sign,a Yield sign or a traffic signal. �1I G.. .t The Seheel Crosswalk WafrAag assembly should be installed at marked f ineluding these at signalized q f '. Standard: The School Crosswalk Warning Assembly B(CA)or E(CA)shall be posted at all yellow school crosswalks that are not controlled by a STOP(111-1)sign,a YIELD(R1-2)sign or a traffic signal. Guidance: The School Crosswalk Warning Assembly B(CA)or E(CA)should be posted at all white school crosswalks that are not controlled by a STOP(R1-1)sign,a YIELD(R1-2)sign or a traffic signal. Support: The School Crosswalk Warning Assemblies B(CA)and E(CA)are shown in Figure 7B-1(CA)and 7B-101(CA). Option: The In-Street Pedestrian Crossing(R1-6 or-l-ga)sign(see Section 213.12)may be used at unsignalized school crossings.When used at a school crossing,a 300 x 100 mm(12 x 4 in) SCHOOL(S4-3)plaque(see Figure 7B-4)may be mounted above the sign. A 300 mm(12 in)reduced size School Advance Warning(S1-1)sign(see Figure 713 4)may be used at an unsignalized school crossing instead of the In-Street Pedestrian Crossing(R1-6 otea)sign.A 300 x 150 mm(12 x 6 in)reduced size Diagonal Arrow(W 16-7p)plaque may be mounted below the reduced size in-street School Advance Warning(Sl-1)sign. Standard: If an In-Street Pedestrian Crossing sign or a reduced size in-street School Advance Warning(Sl-1) sign is placed in the roadway,the sign support shall comply with the mounting height and breakaway requirements for In-Street Pedestrian Crossing(11I-6 OF R! 6a)signs(see Section 213.12). Chapter 7B—Signs January 21,2010 Part 7-Traffic Controls for School Areas 170 California MUTCD Page 7B-4 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) The In-Street Pedestrian Crossing sign and the reduced size in-street School Advance Warning (Sl-I)sign shall not be used at signalized locations. Support: I The In-Street Pedestrian Crossing (R1-6a)sign is deleted as a stop is not required in California per CVC 21950. Section 711.10 SCHOOL BUS STOP AHEAD Sign (S3-1) Guidance: The SCHOOL BUS STOP AHEAD(S3-1)sign(see Figure-7-B4 713-1(CA))should be installed in advance of locations where a school bus,when stopped to pick up or discharge passengers,is not visible to road users for a distance of 150 m(500 ft)in advance and where there is no opportunity to relocate the bus stop to provide 150 m(500 ft)of visibility. Standard: �1 The SCHOOL BUS STOP AHEAD(S3-1)sign shall be installed in advance of an approved school bus stop where there is not a clear view in advance of the stop from a distance of 60 m(200 ft). Refer to CVC 22504(c). Section 711.11 School Sneed Limit Assembly(54-1,S4-2,S4-3,S44,S4-6,S5-1) Standard: A School Speed Limit assembly Assembly C(CA)(see Figure 7-B4 713-1(CA)) hall be used to indicate the speed limit where a reduced speed zone for a school area has been established(in accordance with law based upon an engineering study)or where a speed limit is specified for such areas by statute.The School Speed Limit assembly Assembly C(CA)or School Speed Limit sign shall be placed at or as near as practical to the point where the reduced speed zone begins. Th-eife-d-i-ise-d-speed zone should begin either-at a peint 60 m(200 ft)fiefn the eFesswalk, or-at a i3eint 30 se-heel. Refer Figures 7B-3(CA)and 76-102(CA). Standard: The School Speed Limit assembly Assembly C(CA)shall be either a fixed-message sign assembly or a changeable message sign. The fixed-message School Speed Limit assembly Assembly C(CA)shall consist of a top plaque(S4-3) with the legend SCHOOL,a Speed Limit(R2-1)sign,and a bottom plaque WHEN CHILDREN ARE PRESENT(844,S4-2,S4-4,or-4-6)indieeting the speeifie PeFieds of the day and/oF days of the we (see Figure 71.7B-1(CA)). Option: Changeable message signs(see Sections 2A.07 and 6F.55)may be used to inform drivers of the special school speed limit.If the sign is internally illuminated,it may have a white legend on a black background. Changeable message signs with flashing beacons may be used for the more critical situations,where greater emphasis of the special school speed limit is needed. Guidance: Even though it might not always be practical because of special features to make changeable message signs conform in all respects to the accepted standards,during the periods that the school speed limit is in effect,their basic shape,message,legend layout,and colors should conform to the standards for fixed- message signs. A confirmation beacon or device to indicate that the speed limit message is in operation should be considered for inclusion on the back of the changeable message sign. Option: Fluorescent yellow-green pixels may be used when school-related messages are shown on a changeable message sign. Changeable message signs may use blank-out messages or other methods in order to display the school speed limit only during the periods it applies. Chapter 713—Signs January 21,2010 Part 7-Traffic Controls for School Areas 171 California MUTCD Page 713-5 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) Changeable message signs that display the speed of approaching drivers(see Section 2B.13)may be used in a school speed limit zone. A Speed Limit Sign Beaeon alse may be used, with a 3WHEN FLASHING legend,to identify the pe.nieds that the seheel speed limit is in eff-eet.The leases of the Speed Limit Sign Beaeon may be pes_i*iA4;Pd the c ee of the a t,ea Speedr irpAt(S5 1)sign(see Figu fa 7B ! A FINES HIGHER(R2-6)sign(see Section 2B.17)may be used to advise road users when increased fines are imposed for traffic violations in school zones. Standard: The School Speed Limit Assembly C(CA)shall be used on streets with speed limits greater than 40 km/h(25 mph)that are contiguous to a school building or school grounds. Support: The School Speed Limit Assembly C(CA)is shown in Figure 713-1(CA). -- Option: If used,the School Speed Limit Assembly C(CA)may be posted up to 150 m (500 ft)in advance of the school boundary. Standard: The"WHEN FLASHING"and specific time period messages shall not be used in school areas in California as they are not supported by CVC 22352.Hence,the Specific Time Period Plaque(S4-1),WHEN FLASHING(S4- 4)and SCHOOL SPEED LIMIT 20 WHEN FLASHING(S5-1)signs shall not be used in California. Support: The"WHEN FLASHING"message is misleading because it suggests that the speed limit is in force only when the flashing beacons are in operation.The prima facie speed limit of 40 km/h(25 mph)is in effect based on the presence of children per CVC 22352, not on the operation of the flashing beacons. The non-use of"WHEN FLASHING"message also addresses the situation when children are present but the flashing beacons are inoperative for any reason. The non-use of"WHEN FLASHING"message does not alter the warrants or the use of a flashing yellow beacon or its effectiveness as an attention-getting device. The specific time period message is misleading because it suggests that the speed limit is in force only during the time period specified.The prima facie speed limit of 40 km/h (25 mph) is in effect based on the presence of children per CVC 22352,not on the time period specified. EXTENDED 40 KM/H(25 MPH)AND/OR REDUCED SPEEDS IN SCHOOL ZONES Option: A local authority may,by ordinance or resolution,determine and declare prima facie speed limits in a residence district as follows: • A 20 km/h(15 mph) prima facie limit on a highway with a posted speed limit of 50 km/h(30 mph)or slower, when approaching at a distance of less than 150 m(500 ft)from,or passing,a school building,the grounds of a school building,and/or other school grounds that are not separated from the highway by a fence,gate or other physical barrier, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 20 km/h(15 mph),while children are present(School Speed Limit Assembly C(CA)see Figure-1 03(CA)), and/or • A 40 km/h(25 mph) prima facie limit on a highway with a posted speed limit of 50 km/h(30 mph)or slower, when approaching at a distance of 150 to 300 m(500 to 1,000 ft)from a school building,the grounds of a school building,and/or other school grounds that are not separated from the highway by a fence,gate,or other physical barrier, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 40 km/h(25 mph),while children are present(School Speed Limit Assembly C(CA)see Figure 713-103(CA)). When a 20 km/h(15 mph)speed limit is authorized at a distance of less than 150 m (500 ft)from a school,as described above,on a street with a posted speed limit of 50 km/h (30 mph),an intervening speed limit of 40 km/h(25 mph)may be authorized by ordinance or resolution at a distance of 150 to 300 m(500 to 1,000 ft)from a school, in order to provide progressive speed reduction. Chapter 7B—Signs January 21,2010 Part 7-Traffic Controls for School Areas 172 California MUTCD Page 7B-6 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) Standard: If authorized by ordinance or resolution in a residence district,the prima facie speed limits described above shall apply when approaching,at distances of: • Less than 150 m(500 ft),for a reduced school zone speed limit of 20 km/h(15 mph),and/or, • 150 to 300 m(500 to 1,000 ft),for an extended school zone speed limit of 40 km/h (25 mph) from, or passing,a school building,the grounds of a school building,and/or other school grounds that are not separated from the highway by a fence,gate or other physical barrier,contiguous to the highway and posted with a school warning sign that indicates the reduced and/or extended school zone speed limit(s)while children are present(see Figure 713-103(CA)). Prima facie limits established by any criterion above shall apply only to highways that have a maximum of two traffic lanes and a maximum posted 50 km/h (30 mph)prima facie speed limit immediately prior to and after the school zone. These prima facie limit(s)shall apply to all lanes of an affected highway, in both directions of (^` travel.When used,a local ordinance or resolution adopted to establish a 20 km/h(15 mph)reduced school zone speed limit and/or a local ordinance or resolution adopted to establish an extended 40 km/h(25 mph)school zone speed limit shall not be effective until appropriate signs giving notice of the speed limit(s)are erected upon the highway. On a State highway,the ordinance or resolution shall not be effective until the ordinance or resolution has been approved by the Department of Transportation and appropriate school zone speed signs are erected upon the State highway. For purposes of a 20 km/h(15 mph)reduced prima facie speed limit,school warning signs indicating a speed limit of 20 km/h(15 mph)shall be placed at a distance up to 150 m(500 ft)away from school grounds. For purposes of an extended 40 km/h(25 mph)prima facie speed limit,school warning signs indicating a speed limit of 40 km/h(25 mph)shall be placed at any distance between 150 to 300 m(500 to 1,000 ft)away from school grounds. Refer to Figure 7B-103(CA)for maximum distances to post reduced school zone speed limits from a school building,the grounds of a school building,and/or other school grounds that are not separated from the highway by a fence,gate,or other physical barrier. The need to reduce a prima facie speed limit to 20 km/h(15 mph)and/or extend a 40 km/h(25 mph)school zone speed limit,as described above,shall be documented in writing,in an engineering study. The engineering study shall identify the provisions of Section 627 of the Vehicle Code that support the reduced and/or extended school zone speed limit(s). Guidance: When preparing an engineering study pursuant to the Standard above,the local authority should cite all elements of an Engineering and Traffic Survey,as discussed in Section 627 of the Vehicle Code,that support the need for a reduced speed limit of 20 km/h (15 mph)and/or an extended 40 km/hr(25 mph)school zone speed limit. Generally,a minimum of two conditions should be present before a reduced speed limit should be considered (i.e.,collision history, residential density, pedestrian and bicyclist safety). However, prevailing speeds(85th-percentile speed)should not be required as the basis for a reduced speed limit. Standard: The local authority shall reimburse the Department of Transportation for all costs incurred by the Department under this section. Section 7B.12 Reduced Speed School Zone Ahead Sign M-5,S4-5a) Option: The Reduced Speed School Zone Ahead(S4-5, S4-5a)sign(see Figure 7B4 713-1(CA))may be used to inform road users of a reduced speed zone when engineering judgment indicates that advance notice would be appropriate for the School Advance Warning Assembly D(CA). Standard: If used,the Reduced Speed School Zone Ahead sign shall be followed by a School Speed Limit sign I or a School Speed Limit asset Assembly C(CA). Chapter 7B—Signs January 21,2010 Part 7-Traffic Controls for School Areas 173 California MUTCD Page 713-7 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) The speed limit displayed on the Reduced Speed School Zone Ahead sign shall be identical to the speed limit displayed on the subsequent School Speed Limit sign or School Speed Limit assembly Assembly C(CA). EXTENDED 40 KMIH (25 MPH)AND/OR REDUCED SPEEDS IN SCHOOL ZONES Option: For school area traffic control with a reduced school zone speed limit of 20 km/h(15 mph)and/or an extended school zone speed limit of 40 km/h (25 mph)in a residential district,the Reduced Speed School Zone Ahead(S4-5, S4- 5a)sign may be used to give advance notice of a reduced 20 km/h(15 mph)school zone speed limit and/or an extended school zone speed limit of 40 km/h(25 mph). Section 7B.13 END SCHOOL ZONE Sign(S5-2) �1 Standard: The end of an authorized and posted school speed zone shall be marked with a standard Speed Limit sign showing the speed limit for the section of highway that follows or with an END SCHOOL ZONE(S5-2)sign(see Figure 7-B4 7I3-1(CA)). Section 7B.14 Parking and Stopping Signs(117 and R8 Series) Option: Parking and stopping regulatory signs may be used to prevent parked or waiting vehicles from blocking pedestrians' views,and drivers' views of pedestrians,and to control vehicles as a part of the school traffic plan. Support: Parking signs and other signs governing the stopping and standing of vehicles in school areas cover a wide variety of regulations.Typical examples of regulations are as follows: A.No Parking X:XX AM to X:XX PM School Days Only; B.No Stopping X:XX AM to X:XX PM School Days Only; C.X Min Loading X:XX AM to X:XX PM School Days Only;and D.No Standing X:XX AM to X:XX PM School Days Only. Sections 2B.39,2B.40,and 213.41 contain information regarding the signing of parking regulations in school zone areas. Street closures are authorized by local ordinance or resolution on streets crossing or dividing school grounds when I necessary for the protection of persons attending the school.Refer to CVC 21102. (This space left intentionally blank) Chapter 7B—Signs January 21,2010 Part 7-Traffic Controls for School Areas 174 California MUTCD Page 713-8 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) Figure 78-1. School Area Signs Sch Advance School Crosswalk School Speed Warnin embly Warning Assembly Umit Assembly .; SCHOOL S4-3 S 0 S4-3 SPEED EED x. F LIMIT ' LIMIT Si-1 O R2-1 O 3� R2-1 2 W16-9p W16-7p i3o-J:3°o PM S4- OR km/h BJO AM �-1 OR TO 5 30 PM zap ��wEN -2 W1 6-2a ARE RESENT OR OR F WH G S44 W 16-2 R OR ON-FRI S4-6 : ( my W16.2a OR :z W16-2 M 'ERS Zo' 3o rn> SC�ool r SCHQ �. OR CNa �. QNE>` o N . t t EID 0 IIHQ S3-1 S4-5 S4-5a SCHaOt SCHOOL SPEED SPEED LIMIT LIMIT OR 30 END 2 O km/h SCHOOL NHEN WHEN ZONE FLASHING FLASHING S5-1 S5-2 Chapter 7B—Signs January 21,2010 Part 7-Traffic Controls for School Areas 179; California MUTCD Page 713-9 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) Figure 78-1(CA). School Area Signs (Sheet 1 of 2) s; T k. S1-1 S1-1 j S1-1 Y 7 SCif{( Qt S4-3 W16-7p W66B (CA) School School Warning School Crosswalk Assembly A Crosswalk Warning (CA) Warning Assembly E Assembly B (CA) (CA) r0, 2S ! SCHOO :v SPEED $G` IOt Z BUS' STOP 25 AHEAD HE�tD` S4-5 S4-5a S3-1 S4-3 END SCHOOL SPEED s1-1 ZONE LIMIT R2-1 25 A , J W16-9P OR WHEN CHILD EN S4-2 �y �� ARE PRESENT GOOx.1F 1 W16-2a School OR Speed Limit Assembly C (CA) ` 20 ' W16-2 School Advance Warning Assembly D (CA) Chapter 7B—Signs January 21,2010 Part 7-Traffic Controls for School Areas 176 California MUTCD Page 7B-10 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) Figure 7B-1(CA). School Area Signs (Sheet 2 of 2) SCHOOL Examples of Heights SPEED and Lateral Locations of Signs LIMIT for Typical Ilnstallations 12511 NH EN CHILDREN ARE PRESENT 1.6 m(6 ft)Min.from Edge of Traveled Way l 3.7 m(12 ft)Min.from Edge of Paved Shoulder � 9.1 m(30 ft)Max. 2.1m(7 ft)Min.with sidewalk �'---- I or U In is ft)Min.without aldmalk yl Edge of Traveled Way Rural Locations 0.6 m(2 ft) Min.'• 0.6m(2ft) e; ,�' Min.'• � SCHOOL 2.1 m(7 ft)Min. 11 m(7 ft)Min Curb Face-- Curb Face— Urban Locations and Rural Locations with Sidewalk NOTES: (•) When clear roadside recovery areas are provided, signs shall be placed as far from the edge of traveled way as possible, up to a maximum of 9.1 m(30 ft). When possible they shall be placed in locations less likely to be hit by a vehicle leaving the traveled way. Signs should not be closer than 1.8 m (6 ft) from the edge of a paved shoulder, or if none, 3.7 m (12 ft) from the edge of the traveled way. (•') In urban areas,where sidewalk width is limited or existing poles are close to the curb,a clearance of 0.3 m(1 ft)from the curb face is permissible. Chapter 7B—Signs January 21,2010 Part 7-Traffic Controls for School Areas ,7'7 California MUTCD Page 7B-11 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) ure 78-2. Examples of Signing for School Crosswalk Warning Assembly Saw O dO ar�wv ooE �e m 6 CC S •45 m(150 ft)MIN / 210 m(700 ft)MAX (For distances in between @' see Section 2C.05 .. m 0 C m N M OR Soots OR Chapter 7B—Signs January 21,2010 Part 7-Traffic Controls for School Areas 178 California MUTCD Page 7B-12 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) Figure 713-2(CA). Example of Signing for School Crosswalk Warning Assembly v m r m See Section 2C.05 oh Assembly D a am °o E See Section 2C.05 a 1 C v Assembly A 0 to 150 m(500 ft) Maximum --- ------------ 150 m(500 ft)Maximum 0 © a Ci E r' ( 0 to 150 m(500 ft) •_ ; .; '� � Maximum d E 0 m ER a w a V Ir co ) o w c N E LU Chapter 7B—Signs January 21,2010 Part 7-Traffic Controls for School Areas 179 California MUTCD Page 7B-13 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) figure 7B4. Examples of Signing for School Area Traffic Cont with School Speed Limits air �r S D v°oc orwc SPEED IT � END LIMIT 0£ Z SZONE` OR OR 0 11WI, �11Wn � 45 km/h 033d5 033d8 7 m O C m • S o ` �Op ` C J t *60 m(200 ft)from the crosswalk xy or 30 m(100 ft)from the school property line, whichever is encountered first (see Section 713.11) C "r � PF rY��NE 0 sc 00 S D SPEED: LI Wq }Y �_ LIMIT OR 3 ? 3NOZ OL IIWII WO100NOS / 20, km/h lIW 033d5 UN3 'ao-aao a-10 30.33300 033 ANEAd; Chapter 7B—Signs January 21,2010 Part 7-Traffic Controls for School Areas 1Rn California MUTCD Page 7B-14 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) Figure 78-3(CA). Example of Signing for School Area Traffic Control with School Speed Limits in W y N W of w E 7. .i. ' W2IL311 tw■ of Q I � p 150 m(500 ft) C _.__ - Maximum Maximum i 8 aW Q I = E`n L--------- IBM ca 0T IN ■� 0 �s E CL 3 � Chapter 7B—Signs January 21,2010 Part 7-Traffic Controls for School Areas 191 California MUTCD Page 713-15 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) Figure 7B-4. In-Street Signs in School Areas a- In advance of the school crossing - ' Reduced size signs: 1 °~ S1-1 300 x 300 mm (12 x 12 in) W16-9p W16-7p 300 x 150 mm (12 x 6 in) . y W16-9p300x150Mm(12x6in) S4-3 300 x 100 mm (12 x 4 in.) b-At the school crossing A S4-3* S4-3* YIELD r ;: / OR OR S1-1' TO r " s ' W 16-7p' S R1-6 r R1-6a (This space left intentionally blank) Chapter 7B—Signs January 21,2010 Part 7-Traffic Controls for School Areas 182 California MUTCD Page 7B-16 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) Figure 7B-101 (CA). Example of SchoolArea Signs with Flashing Yellow Beacons Flashing Beacons 01 S1.1 AHI:A4 W16.9p or W16-2 Assembly A, B, C or D Assembly A, C, DorE Flashing Beacon S43 s oaL SPEED R2-1 LIMIT 25 54-2 l M Jin POST MOUNTING MAST ARM MOUNTING (Assembly C shown) (Assembly D shown) Chapter 7B—Signs January 21,2010 Part 7-Traffic Controls for School Areas California MUTCD Page 7B-17 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) Figure 78-1 02(CA). Example of Signing for Traffic Control In School Areas with Flashing Yellow Beacons o T o e C) $j- a N t7 i S E H dJ r m W ' I V aI toV o — c c : d N N m � 3 3 Chapter 7B—Signs January 21,2010' Part 7-Traffic Controls for School Areas 184 California MUTCD Page 7B-18 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) Figure 78-103(CA). Example of Signing for School Area Traffic Control with Extended and/or Reduced School Zone Speed Limits U a 'See Note 1 E 7, T r It, N 0. 3 { C 1 — E $ 25 MPH Resi leMlal Street i - h 'See Note 2 4 /4 F �[ 150 m(NO ft) See Section I- See Seetion�y 150 m n) Maximum 2C.05 �\ 2C.05 t T Maximum J in �"."J� E I a IBM y � 17 y �u NOTES: �? 1. Forty 1 sign installation,see approach from the south side of school. 2. For typical sign installation for reduced speed conditions,see { approach from the west side of school. 3. If authorized by ordinance or resolution,a progressive reduction in school zone speed limits may be posted in an extended 25 mph school zone 300 to 150 m(1000 tt to 500 ft);and,15 mph E school zone less than 150 m(500 ft)from a school,per the second Standard paragraph on Page 78-8;in Section 78.11, 4. Signing from the north and east on the figure intentionally not shown. .In a •_5 / ® �o f° 1� O x m 3 a 3 g n Chapter 7B—Signs January 21,2010 Part 7-Traffic Controls for School Areas 1R5 California MUTCD Page 713-19 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) Table 78-1. Size of School Area Signs and Plaques Sign MUTCD Section Conventional Minimum Oversized Code Road School Advance S1-1 7B.08 900 x 900 mm 750 x 750 mm 1200 x 1200 mm Warning (36 x 36 in) (30 x 30 In) (48 x 48 In) School Bus Stop Ahead S3-1 7B.10 750 x 750 mm 750x 750 mm 900 x 900 mm I (30 x 30 in) (30 x 30 in) (36 x 36 in) Reduced Speed School S4-5, 7B.12 900 x 900 mm 760 x 750 mm 1200 x 1200 mm Zone Ahead S4-5a (36 x 36 in) (30 x 30 in) (48 x 48 in) School Speed 61FaN SEX G" 78 41 600 N I 29Q RM — 900 N 4809 mrn a" ;18.4 1 699-16-42b9 etre — 898-x-2409 anFn 1 (04 N 64-ir►) 4 x-84-*R) End School Zone S5.2 7B.13 600 x 750 mm 600 x 750 mm 900 x 1200 mm (24 x 30 in) (24 x 30 in) (36 x 48 in) Speed Limit(School R2-1 7B.11 600 x 760 mm 450 x 600 mm 900 x 1200 mm Use)(English) (24 x 30 In) (18 x 24 in) (36 x 48 in) Speed 61FRil(Seheel Pao ,;*111 699-x-999►nrw — 898-i4269 ffim Was)(Melfie) E2-N aS W (as H 64'IM Plaque MUTCD Section Conventional Minimum Oversized Code Road X-XX le XXX AM 644 ;t8-14 699-x--PAW e+F — 990*46e-ram xixx 119 AxxPM E24-x�e-k►y (86 N 4e IR) When Children Are S42 7B.11 600 x 250 mm (24.10 in 900 x 450 mm Present (24 x 10 in) (36 x 18 In) School S4-3 7B.11 600 x 200 mm 300 x 150 mm 900 x 300 mm (24 x 8 In) 12 x 6 in (36 x 12 in) Whet Roahing 6" ;CB.} 689-x-269 FRwi — 990 x 460 fflFH (24-x-10 iM (ag-x�s-iM Men Ffl 64-6 ;1B.H 600 X 260 FRM — 989E 468 fRR1 (24-K 49'Rr (�-x#& ►1 XXX Feet of XXX W16-2 7B.08 600 x 450 mm x m 750 x 600 mm Melefe (24 x 18 in) (18 x 1P in) 750 x 24 in) XXX Ft OF XXX FM W16.2a 7B.08 600 x 300 mm 750 x 450 mm (24 x 12 in) l24 x 12 in) (30 x 18 In) Diagonal Arrow W16-7p 7B.09 600 x 300 mm 600 x 300 mm 750 x 450 mm (24 x 12 in) 24 x 12 in (30 x 18 in) Diagonal Arrow W16.7p 713.09 525 x 375 mm — — (Optional Size) (21 x 15 in) Ahead W16.9p 7B.08 600 x 300 mm 600 x 300 mm 750 x 450 mm I (24 x 12 in) (24 x 12 in) (30 x 18 In) Table 713-1(CA).Size of California School Area Signs and Plaques Plaque California Section Conventional Minimum Oversized Code Road Double Diagonal Arrows W66B(CA) 7B.09 610 x 305 mm 610 x 305 mm 762 x 305 mm (24 x 12 in) 24 x 12 in) (30 x 12 in) Chapter 7B—Signs January 21,2010 Part 7-Traffic Controls for School Areas roc California MUTCD Page 7C-1 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) CHAPTER 7C.MARKINGS Section 7C.01 Functions and Limitations Support: Markings have defmite and important functions in a proper scheme of school area traffic control. In some cases,they are used to supplement the regulations or warnings provided by other devices,such as traffic signs or signals.In other instances,they are used alone and produce results that cannot be obtained by the use of any other device.In such cases they serve as an effective means of conveying certain regulations, guidance,and warnings that could not otherwise be made clearly understandable. Pavement markings have limitations. They might be obliterated by snow,might not be clearly visible when wet,and might not be durable when subjected to heavy traffic.In spite of these limitations,they have the advantage,under favorable conditions,of conveying warnings or information to the road user without diverting attention from the road. Section 7C.02 Standardization of Auulication Standard: Each standard marking shall be used only to convey the meaning prescribed for it in this Manual. Section 7C.03 Crosswalk Markings Support: Crosswalk markings provide guidance for pedestrians who are crossing roadways by defining and delineating paths on approaches to and within signalized intersections,and on approaches to other intersections where traffic stops. Crosswalk markings also serve to alert road users of a pedestrian crossing point across roadways not controlled by highway traffic signals or STOP signs. At nonintersection locations,crosswalk markings legally establish the crosswalk. Standard: When transverse crosswalk lines are used,they shall be solid white or yellow,marking both edges �- of the crosswalk,except as noted in the Option. Refer to CVC 21368.They shall be not less than 150 (64n)300 mm(12 in)nor greater than 600 mm(24 in)in width. Guidance: If transverse lines are used to mark a crosswalk,the gap between the lines should not be less than 1.8 m (6 ft).If diagonal or longitudinal lines are used without transverse lines to mark a crosswalk,the crosswalk should be not less than 1.8 in(6 ft)wide. Crosswalk lines on both sides of the crosswalk should extend across the full width of pavement or to the edge of the intersecting crosswalk to discourage diagonal walking between crosswalks. Crosswalks should be marked at all intersections on established routes to school where there is substantial conflict between motorists,bicyclists,and pedestrian movements,where students are encouraged to cross between intersections,or where students would not otherwise recognize the proper place to cross (see Figure 7A-1). Crosswalk lines should not be used indiscriminately.An engineering study should be performed before they are installed at locations away from traffic control signals or STOP signs. Option: For added visibility,the area of the crosswalk may be marked with white or yellow diagonal lines at a 45- degree angle to the line of the crosswalk or with white or yellow longitudinal lines parallel to traffic flow. Refer to CVC 21368.When diagonal or longitudinal lines are used to mark a crosswalk,the transverse crosswalk lines may be omitted. Guidance: The diagonal or longitudinal lines should be 300 to 600 mm(12 to 24 in)wide and spaced 300 to 1500 min(12 to 60 in)apart. The spacing design should avoid the wheel paths. Chapter 7C—Markings January 21,2010 Part 7-Traffic Controls for School Areas IRA California MUTCD Page 7C-2 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) Support: Examples of school area signing, markings,flashing beacons and overhead school signs are shown in Figures 713- 1(CA)through 78-3(CA),764 and Figures 713-101(CA)and 7B-102(CA). Refer to CVC 21368 for crosswalks near schools. Refer to Section 36.17 for more details on crosswalk markings. Standard: Whenever a marked pedestrian crosswalk has been established in a roadway contiguous to a school building or school grounds, it shall be yellow.If any one of the crosswalks is required to be yellow at an intersection,then all other marked pedestrian crosswalks at that intersection shall also be yellow.Refer to CVC 21368. Option: A marked pedestrian crosswalk may be yellow if the nearest point of the crosswalk is not more than 180 m(600 ft) from a school building or school grounds. Refer to CVC 21368. - A marked pedestrian crosswalk may be yellow if the nearest point of the crosswalk is not more than 850 m(2800 ft) from a school building or school grounds and there are no intervening crosswalks other than those contiguous to the school grounds,and it appears that the facts and circumstances require special marking for the protection and safety of persons attending the school. Refer to CVC 21368. Section 7C.04 Stop and Yield Lines Standard: If used,stop lines shall consist of solid white lines extending across approach lanes to indicate the point at which the stop is intended or required to be made. If used,yield lines(see Figure 3B 14 3B-14(CA))shall consist of a row of solid white isosceles triangles pointing toward approaching vehicles extending across approach lanes to indicate the point at which the yield is intended or required to be made. Guidance: Stop lines should be 300 to 600 mm(12 to 24 in)wide. Stop lines should be used to indicate the point behind which vehicles are required to stop,in compliance with a STOP(R1-1)sign(see Figure 2B-1),traffic control signal,or some other traffic control device. The individual triangles comprising the yield line should have a base of 300 to 600 mm(12 to 24 in) wide and a height equal to 1.5 times the base.The space between the triangles should be 75 to 300 mm(3 to 12 in). Option: Yield lines may be used to indicate the point behind which vehicles are required to yield in compliance with a YIELD(R1-2)sign(see Figure 2B-1)or a Yield Here to Pedestrians(R1-5 or R1-5a)sign(see Figure 2B-2). Guidance: If used,stop and yield lines should be placed a minimum of 1.2 in(4 ft)in advance of and parallel to the nearest crosswalk line at controlled intersections,except for yield lines at roundabout intersections as provided for in Section 3B.24 and at midblock crosswalks.In the absence of a marked crosswalk,the stop line or yield line should be placed at the desired stopping or yielding point,but should be placed no more than 9 m(30 ft)nor less than 1.2 in(4 ft)from the nearest edge of the intersecting traveled way. Stop lines should be placed to allow sufficient sight distance to all other approaches to an intersection. If used at an unsignalized midblock crosswalk,yield lines should be placed adjacent to the Yield Here to Pedestrians sign located 6.1 to 15 in(20 to 50 ft)in advance of the nearest crosswalk line,and parking should be prohibited in the area between the yield line and the crosswalk(see Figure 3B-15). Stop lines at midblock signalized locations should be placed at least 12 in(40 ft)in advance of the nearest signal indication(see Section 4D.15). Support: Drivers who yield too close to crosswalks on multi-lane approaches place pedestrians at risk by blocking other drivers' views of pedestrians,and pedestrians' views of other vehicles. Chapter 7C—Markings January 21,2010 Part 7-Traffic Controls for School Areas 1R9 California MUTCD Page X-3 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) As defined in CVC 377,a"limit line"is a solid white line not less than 300 mm(12 in)nor more than 600 mm(24 in) wide,extending across a roadway or any portion thereof to indicate the point at which traffic is required to stop in compliance with legal requirements. Standard: For all purposes,limit line(s)shall mean stop line(s)as referenced in this California MUTCD. Support: If a marked crosswalk were in place, it would normally function as a limit line. Refer to Section 3B.16 for more details on stop and yield line markings. Section 7C.05 Curb Markings for Parking Regulations Standard: a Signs shall be used with curb markings in those areas where curb markings are frequently obliterated by snow and ice accumulation,unless the no parking zone is controlled by statute or local ordinance. Guidance: When curb markings are used without signs to convey parking regulations,a legible word marking regarding the regulation(such as"No Parking"or"No Standing")should be placed on the curb. Leeed highw pr-eser-ibe speeial eeler-s for-eufb faaEkings to supplement standard signs fe paAdng r-egalmiea. Standard: The color of curb markings shall conform to CVC 21458 as quoted below: (a)Whenever local authorities enact local parking regulations and indicate them by the use of paint upon curbs,the following colors only shall be used,and the colors.indicate as follows: (1)Red indicates no stopping,standing,or parking,whether the vehicle is attended or unattended, except that a bus may stop in a red zone marked or sign posted as a bus loading zone. (2)Yellow indicates stopping only for the purpose of loading or unloading passengers or freight for the time as may be specified by local ordinance. (3)White indicates stopping for either of the following purposes: (A)Loading or unloading of passengers for the time as may be specified by local ordinance. (B)Depositing mail in an adjacent mailbox. (4)Green indicates time limit parking specified by local ordinance. (5)Blue indicates parking limited exclusively to the vehicles of disabled persons and disabled veterans. (b)Regulations adopted pursuant to subdivision(a)shall be effective on days and during hours or times as prescribed by local ordinances. Option: Curb markings may supplement standard signs. Support: Since yellow and white curb markings are frequently used for curb delineation and visibility,it is advisable to establish parking regulations through the installation of standard signs(see Sections 2B.39 through 2B.41). Refer to Section 213.39 and 3B.21 for Parking Regulations. Section 7C.06 Pavement Word and Svmbol Markings Support: Word and symbol markings on the pavement are used for the purpose of guiding,warning,or regulating traffic. Symbol messages are preferable to word messages. Standard: Word and symbol markings shall be white or yellow.Refer to CVC 21368.Word and symbol I markings shall not be used for mandatory messages except in support of standard signs. Chapter 7C—Markings January 21,2010 Part 7-Traffic Controls for School Areas ion California MUTCD Page 7C-4 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) Guidance: Letters and numerals should be 1 2.44 m(8 ft)or more in height.All letters,numerals,and symbols should be in accordance with the Federal Highway Administration's"Standard Highway Signs" book(see Section 1A.11). Word and symbol markings should not exceed three lines of information. If a pavement marking word message consists of more than one line of information,it should read in the direction of travel.The first word of the message should be nearest to the road user. The longitudinal space between word or symbol message markings,including arrow markings,should be at least four times the height of the characters for low speed roads,but not more than ten times the height of the characters under any conditions. The number of different word and symbol markings used should be minimized to provide effective guidance and avoid misunderstanding. Except as noted in the Option below,pavement word and symbol markings should be no more than one lane in width. Option- T enunnr eFd maafking may&&end to the width of twe appr-eaeh lanes(see Figufe7C 1). if the t 1ane er1400T weFd mafk4ag is used,the let4er-s should be 3 m(10 ft)o mer-e in he gl,t Standard: If used,the SCHOOL pavement marking shown in Figure 7C-101(CA)shall be used and it shall be restricted to a single lane. Guidance: On State highways,ail letters,numerals,and symbols should be in accordance with the Department of Transportation's Standard Plans publication.See Section 1A.11 for more information regarding this publication. Standard: The SLOW SCHOOL XING marking shall be used in accordance with the provisions of CVC 21368 in advance of all yellow school crosswalks(see Figure 7C-101(CA)).They shall not be used where the crossing is controlled by stop signs,traffic signals,or yield signs.They shall be yellow,with the word XING at least 30 m (100 ft)in advance of the school crosswalk. -- Option: The SCHOOL XING marking and crosswalks may be used at remote locations outside of the school zone. Support: Remote crosswalk locations are locations near schools,which are not included in CVC 21368 criteria.Also refer to Section 7C.03. Standard: If the SCHOOL XING marking and crosswalks are used at remote locations outside of the school zone,they shall not be yellow(Refer to CVC 21368),but white. Guidance: The SCHOOL XING marking should be used in advance of all white school crosswalks. Option: The SCHOOL marking may be used with the School Assemblies A(CA)or C(CA),except at locations where SLOW SCHOOL XING markings are required. Standard: If the SCHOOL marking is used with the School Assemblies A(CA)or C(CA)(See Section 713.11),it shall be yellow. Guidance: If used,the SCHOOL marking should be located adjacent to the School Assemblies A(CA)or C(CA)(See Section 7B.11). Support: Refer to Section 3B.19 for more details on SCHOOL marking. Chapter 7C—Markings January 21,2010 Part 7-Traffic Controls for School Areas lQl California MUTCD Page 7C-5 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) ure 7C-1. Two-Lane Pavement Marking of"SCHOO " 3m (loft) 100 5.8 m(19.3 ft) (This space left intentionally blank) Chapter 7C—Markings January 21,2010 Part 7-Traffic Controls for School Areas �o� California MUTCD Page X-6 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) Figure X-101 (CA). Pavement Word Markings for School Areas f 1 t E _ � I 200 MM (8 in) 100 mM (4 in) - h , - i i � } 200 MM (8 in) 100 MM (4 in) �y 1 - 200 MM (8 in) 100 mM (4 in) NOTTO SCALE Chapter 7C—Markings January 21,2010 Part 7-Traffic Controls for School Areas �o� California MUTCD Page 7D-1 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) CHAPTER 7D.SIGNALS Section 7D.01 General Support: Part 4 contains information regarding highway traffic signals in school areas.The School Crossing signal warrant is described in Section 4C.06. Information regarding highway traffic signals in school areas is contained in the following: • Section 413.106(CA)—Installation costs for school traffic signals and flashing beacons. • Section 4C.06—School crossing signal warrant. • Section 4C.101(CA)—Criterion for school crossing traffic signals. • Section 4K.103(CA)—Flashing beacons at school crosswalks. • Section 4E.03—Application of pedestrian signal heads at an established school crossing at any signalized location. • Section 4L.01 —Application of In-Roadway Lights at marked school crosswalks. • Figure 76-101(CA)-Examples of school area flashing beacons and overhead school signs. • Figure 7B-102(CA)-Examples of school area flashing beacons and overhead school signs. (This space left intentionally blank) Chapter 7D—Signals January 21,2010 Part 7-Traffic Controls for School Areas qua California MUTCD Page 7E-1 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) CHAPTER 7E. CROSSING SUPERVISION Section 7E.01 Types of Crossing Supervision Support: There are two types of school crossing supervision: A.Adult control of pedestrians and vehicles by adult crossing guards or uniformed law enforcement officers;and B. Student control of only pedestrians with student patrols. Information€eF regarding the organization, administration and operation of a studen school safety patrol program efe-given-is contained in the" AAA School Safety Patrols-Operations Manual" ( see Section 1A.11). Section 7E.02 Adult Crossing Guards Option: Adult crossing guards may be used to provide gaps in traffic at school crossings where an engineering study has shown that adequate gaps need to be created(see Section 7A.03),and where authorized by law. Adult Crossing Guards may be assigned at designated school crossings to assist school pedestrians at specified hours when going to or from school.The following suggested policy for their assignment applies only to crossings. Guidance: An Adult Crossing Guard should be considered when: 1. Special situations make it necessary to assist elementary school pedestrians in crossing the street. 2. A change in the school crossing location is being made, but prevailing conditions require school crossing supervision until the change is constructed and it is not reasonable to install another form of traffic control or technique for this period. Criteria for Adult Crossing Guards: Support: Adult Crossing Guards normally are assigned where official supervision of school pedestrians is desirable while they cross a public highway,and at least 40 school pedestrians for each of any two hours(not necessarily consecutive)daily use the crossing while going to or from school: Option: Adult crossing guards may be used under the following conditions: 1.At uncontrolled crossings where there is no alternate controlled crossing within 180 m(600 ft);and a. In urban areas where the vehicular traffic volume exceeds 350 during each of any two hours(not necessarily consecutive)in which 40 or more school pedestrians cross daily while going to or from school;or b. In rural areas where the vehicular traffic volume exceeds 300 during each of any two hours(not necessarily consecutive)in which 30 or more school pedestrians cross daily while going to or from school. Whenever the critical(85th percentile)approach speed exceeds 64 km/h(40 mph),the guidelines for rural areas should be applied. 2.At stop sign-controlled crossing: Where the vehicular traffic volumes on undivided highways of four or more lanes exceeds 500 per hour during any period when the school pedestrians are going to or from school. 3.At traffic signal-controlled crossings: a.Where the number of vehicular turning movements through the school crosswalk exceeds 300 per hour while school pedestrians are going to or from school;or b.Where justified through analysis of the operations of the intersection. Chapter 7E—Crossing Supervision January 21,2010 Part 7-Traffic Controls for School Areas �oG California MUTCD Page 7E-2 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) Legal Authority and Program Funding for Adult Crossing Guards: Option: Cities and counties may designate local law enforcement agencies,the governing board of any school district or a county superintendent of schools to recruit and assign adult crossing guards to intersections that meet approved guidelines for adult supervision. Support: There are various methods for funding a school adult crossing guard program. One of these methods is through the use of fines and forfeitures received under the Penal Code. Disposition of these fines and forfeitures is defined in CVC Sections 42200 and 42201. An example of these dispositions by cities and counties is as follows: • Disposition by cities(CVC 42200). Fines and forfeitures received by cities and deposited into a"Traffic Safety Fund"may be used to pay the compensation of school crossing guards who are not regular full-time members J of the police department of the city. • Disposition by county(CVC 42201). Fines and forfeitures received by a county and deposited in the road fund of the county may be used to pay the compensation of school crossing guards,and necessary equipment and administrative costs.The board of supervisors may adopt standards for crossing guards and has final authority over the total cost of the crossing guard program. Section 7E.03 Qualifications of Adult Crossine Guards Support: High standards for selection of adult crossing guards are essential. Guidance: Adult crossing guards should possess the following qualifications: A.Average intelligence; B Good physical condition,including sight,hearing,and mobility; C.Mental alertness; D.Neat appearance; E.Good character; F.Dependability;and J G. Sense of responsibility for safety of students. Training Programs for Adult Crossing Guards: Guidance: Adequate training should be provided in adult crossing guard..responsibilities and authority.This function can usually be performed effectively by a law enforcement agency responsible for traffic control. Training programs should be designed to acquaint newly employed crossing guards with their specific duties,local traffic regulations,and crossing techniques.Training workshops may be used as a method of advising experienced employees of recent changes in existing traffic laws and program procedures. For example,crossing guards should be familiar with the California law which provides that any person who disregards any traffic signal or direction given by a non-student school crossing guard authorized by a law enforcement agency,any board of supervisors of a county or school district shall be guilty of an infraction and subject to the penalties of Section 42001 of the CVC(Section 2815). Section 7E.04 Uniform of Adult Crossine Guards and Student Patrols Standard: Law enforcement officers performing school crossing supervision and adult crossing guards shall wear high-visibility retroreflective safety apparel labeled as ANSI 107-2004 standard performance for Class 2 as described in Section 6E.02. Student patrols shall wear high-visibility retroreflective safety apparel labeled as ANSI 107-2004 standard performance for Class 1 as described in Section 6E.02. The use of the School Safety Patrol uniforms and insignia shall adhere to the following regulations (California Code of Regulations 576): (a) A school safety patrol member(except a member of the R.O.T.C.or California Cadet Corps on traffic duty in his official uniform)shall wear,at all times while on duty,the basic standard uniform specified Chapter 7E—Crossing Supervision January 21,2010 Part 7-Traffic Controls for School Areas 197 California MUTCD Page 7E-3 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) in this section,except that the rainy day uniform may be worn under appropriate weather conditions. Only the optional.additions specified in this section may be added to the uniform. (b) The basic standard uniform for patrol members is the white or fluorescent orange Sam Browne belt and either an overseas type federal yellow or fluorescent orange cap or a yellow or fluorescent orange helmet. Optional additions to the basic standard uniform are any or all of the following: (1) Colored piping on the federal yellow cap. (2) Colored striping on the yellow helmet. (3) A red or fluorescent orange upper garment (4) Insignia or a special badge identifying the organization,to be worn on the left breast,left arm,or cap. i/ (c) The rainy-day uniform is a federal yellow raincoat and a federal yellow rain hat.The Sam Browne belt may be worn over the raincoat. (d) The insignia,or special badge and cap shall be worn only during official school safety patrol duty, except that the governing board may authorize members of the school safety patrol to wear the uniform and insignia for special school safety patrol functions. Section 7E.05 Oyerating Procedures for Adult Crossing Guards Guidance: Adult crossing guards should not direct traffic in the usual law enforcement regulatory sense.In the control of traffic,they should pick opportune times to create a reasonably safe gap.At these times,they should stand in the roadway to indicate that pedestrians are about to use or are using the crosswalk,and that all vehicular traffic must stop. Standard: Adult crossing guards should use a STOP paddle.The STOP paddle should shall be the primary hand-signaling device. StafidRF& The STOP paddle shall be an octagonal shape.The background of the STOP face shall be red with 'J at least 150 mm(6 in)series capital white letters and border.The paddle shall be at least 450 mm(18 in)in size and have the word message STOP on both sides.The paddle shall be retroreflectorized or illuminated when used during hours of darkness. Option: The STOP paddle may be modified to improve conspicuity by incorporating red or white flashing lights on both sides of the paddle.The red or white flashing lights may be arranged in any of the following patterns: A.Two red or white lights centered vertically above and below the STOP legend; B.Two red or white lights centered horizontally on each side of the STOP legend; C.One red or white light centered below the STOP legend; or D.A series of eight or more small red or white lights no larger than 6 mm(0.25 in)in diameter along the outer edge of the paddle,arranged in an octagonal pattern at the eight comers of the STOP paddle. More than eight lights may be used only if the arrangement of the lights is such that it clearly conveys the octagonal shape of the STOP paddle. E.A series of white lights forming the shapes of the letters in the legend. Standard: If flashing(lights are used on the STOP paddle,the flash rate shall be at least 50,but not more than 60,flash periods per minute. Option: The 600 x 600 mm(24 x 24 in)size of the STOP(C28A(CA)paddle may be used where greater emphasis is needed and speeds are 50 km1h (30 mph)or more. Support: Details for the short and long handle of the STOP paddle are shown in Department of Transportation's California Sign Specifications under C28C(CA)code. Chapter 7E—Crossing Supervision January 21,2010 Part 7-Traffic Controls for School Areas �oQ California MUTCD Page 7E-4 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) Section 7E.06 Uniformed Law Enforcement Officers Option: Uniformed law enforcement officers may be used for school crossing supervision. Section 7E.07 Student Patrols Option: Students patrols may be used to direct and control pedestrians at crossings near schools where adequate gaps in traffic occur frequently enough so that gaps do not need to be created. Student patrols may be used to direct and control pedestrians at signalized intersections where turning movements are not a significant problem,and may be used to assist adult crossing guards in the control of pedestrians at crossing locations used by large numbers of pedestrians. , Guidance: Student patrols should not be responsible for directing vehicular traffic.They should not function as uniformed law enforcement officers or adult crossing guards. Legal Authority for School Safety Patrols: Standard: For all purposes"School Safety Patrols"shall mean "Student Patrols"as referenced in this California MUTCD. School Safety Patrols shall be authorized by the local school board.School authorities shall be responsible for organizing,instructing and supervising patrols with the assistance of the local police. Support: The California Education Code,Sections 49300 to 49307,and the California Code of Regulations, Sections 570 to 576 and 632,authorize the development of School Safety Patrols and outline rules for implementing these programs within the state. Section 7E.08 Choice of Student Patrols Standard: t Student patrols should be carefully selected.They slheuld shall be students from the fifth grade or higher and shall be at least 10 years of age.Refer to California Code of Regulations Section 571. Guidance: Leadership and reliability should be determining qualities for patrol membership. Standard: Parental approval should shall be obtained in writing before a student is used as a member of a student patrol.Refer to California Education Code Section 49302. Section 7E.09 Operating Procedures for Student Patrols Guidance: Student patrols should use a flagging device to stop pedestrians behind the curb or edge of the roadway, and should allow them to cross only when there is an adequate gap in traffic. Standard: Flagging devices used during periods of twilight or darkness shall be retroreflective or illuminated. Because they are not authorized to direct vehicular traffic,student patrols shall not use a STOP paddle. Support. School Safety Patrols control children, not vehicles. Standard: School Safety Patrols shall stop children back of the curb or edge of the roadway and allow them to cross only when there is an adequate gap in traffic(see California Code of Regulations Sections 570 to 576 and 632 for School Safety Patrols operating procedures and requirements). Criteria for Student Patrols: Option: Chapter 7E—Crossing Supervision January 21,2010 Part 7-Traffic Controls for School Areas goo California MUTCD Page 7E-5 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) A student patrol may be established at locations where an existing traffic control device, police officer or adult crossing guard is in operation.They may also be used where there are adequate crossing gaps in vehicular flow at an uncontrolled crossing and it is desirable to use student patrols to guide the school pedestrians. Support: To determine the frequency and adequacy of gaps in the traffic stream, refer to Section 7A.03. a (This space left intentionally blank) Chapter 7E—Crossing Supervision January 21,2010 Part 7-Traffic Controls for School Areas Inn California MUTCD Page 7F-1 (FHWA's MUTCD 2003 including Revisions 1 and 2,as amended for use in California) CHAPTER 7F.GRADE-SEPARATED CROSSINGS Section 7F.01 Function Option: Grade-separated crossings may be used to physically separate the crossing of school pedestrian traffic and vehicular flow. Section 7F.02 Types of Grade-Sevarated Crossings Option: Grade-separated crossings may be either overpasses over the highway or underpasses under the highway. Guidance: The design should follow the guidelines given in the published policies of the American Association of State Highway and Transportation Officials,such as"A Policy on Geometric Design of Highways and Streets"(see Section 1A.11). Support: Experience has shown that overpasses are more satisfactory than underpasses for pedestrian crossings,as overpasses are easier to maintain and supervise. Section 7F.03 Criteria for Use of Grade-Sevarated Crossings Guidance: If use of the grade separation will be less convenient to pedestrians than an at-grade crossing,barriers or supervision should be considered to assure a satisfactory level of use. (This space left intentionally blank) Chapter 7F—Grade-Separated Crossings January 21,2010 Part 7-Traffic Controls for School Areas �m CA�,FORN,A AGENDA REPORT MEETING DATE: September 13, 2011 Council Item ( X ) CRA Item ( ) TITLE: Settlement and Release Agreement with San Bernardino Valley Municipal Water District PRESENTED BY: Betsy M. Adams, City Manager RECOMMENDATION: Approve the Settlement and Release Agreement with San Bernardino Valley Municipal Water District and authorize the City Manager to execute the agreement for the City only. BACKGROUND: On April 20, 2011, the San Bernardino County Auditor-Controller/Treasurerrrax Collector (County) formally advised the Community Redevelopment Agency (Agency) that for fiscal years 2008-09 and 2009-10 the County's Property Tax Division had processed debt service pass-through due to the San Bernardino Valley Municipal Water District (Water District) as property tax pass-through to Grand Terrace's redevelopment J agency. This error by the County resulted in the CRA receiving $2,295,360 in excess property tax pass-through ($1,211,905 in 2008-09 and $1,083,445 in 2009-10). DISCUSSION: The City and the Water District have been discussing repayment of the $2,295,360 by the Agency since first being advised by the County of the County's error. The primary elements for an agreement were agreed to quickly by both entities, but the language of the agreement had to be revised several times as a result of new redevelopment law and, more recently, the Supreme Court's stay on the lawsuit challenging the new law. As a result, the Council, as the Agency Board, had to meet on this matter several times in Closed Session before the agreement could be brought forward for approval. Only City Council approval is being requested at this point in time since the Agency is not legally able to enter into new agreements until the Supreme Court makes its determination on the legality of ABX1 26 and 27. FISCAL IMPACT: The $2,295,360 will be repaid by the CRA over ten years in equal payment of $229,536 plus interest at the rate used by the California Local Agency Investment Fund (LAIF). This repayment by the Agency was included on the Enforceable Obligation Payment Schedule submitted to the State on August 28, 2011 as required by ABX1 26 and will be COUNCIL AGENDA ITEM NO.B9 ins Settlement and Release Agreement with San Bernardino Valley Municipal Water District Page 2 included in the Agency's Statement of Indebtedness due October 1, 2011. It also was factored into the sizing of the tax allocation bonds issued by the Agency last June. The County's overpayments of $1,211,905 in 2008-09 and $1,083,445 in 2009-10 (total of $2,295,360) are without regard to overpayments made by the County for statutory pass-through payments under Health and Safety code Section 33607.5 as a result of the same error. The overpayments of statutory pass-through payments incorrectly diminished funds available to the Agency by approximately $167,000 and also resulted in an over-allocation of approximately $459,000 of Agency funds to the Agency's low and moderate income housing fund. These matters will be addressed as future agenda t, items. Respectfully submitted: Betsy . Adams, City Manager ATTACHMENTS: Attachment A: Settlement and Release Agreement with San Bernardino Valley Municipal Water District and the City of Grand Terrace and the Redevelopment Agency of the City of Grand Terrace Inc I Attachment A Settlement and Release Agreement with San Bernardino Valley Municipal Water District and the City of Grand Terrace and the Redevelopment Agency of the City of Grand Terrace M7 SETTLEMENT AND RELEASE AGREEMENT This Settlement and Release Agreement(herein, "Agreement") is made and entered into as of , 2011 (the "Effective Date"), by and among the CITY OF GRAND TERRACE, a municipal corporation (the "City"), the REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE, a public body, corporate and politic (the "Agency"), and the SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT, a California municipal water district (the "Water District"). The City, the Agency and the Water District are referred to collectively herein as the"Parties"and individually as a"Party,"with regard to the following: 1. The County of San Bernardino ("County") is authorized to allocate certain property tax revenues pursuant to statutory authority and the terms of that certain agreement entered into by and among the County, the Water District, and the City, entitled "Grand Terrace Redevelopment Agency Settlement Agreement", dated as of April 21, 1980, as amended by that agreement dated as of November 23, 1981, entitled "Grand Terrace Redevelopment Agency Settlement Agreement" by and among the County, the City and the Agency (as so amended, the "Payment Administration Agreement"). 2. In connection with its activities under statute and under the Payment Administration Agreement, the County made certain technical errors with respect to the allocation of property tax revenue for tax years (a) 2008-09 ("Year 1") and (b) 2009-10 ("Year 2"), the County failed to correctly identify and disburse certain amounts to the Water District, which amounts were attributable to a tax override duly authorized on behalf of the Water District (the "Designated Override Amounts"). The Designated Override Amounts were, instead, incorrectly disbursed to the Agency, wrongfully appearing to constitute tax increment revenues under Health and Safety Code Section 33670(b). The Designated Override Amounts incorrectly disbursed to the Agency represented approximately $1,211,905.00 with respect to Year I and approximately $1,083,485.00 J with respect to Year 2,for a total of approximately$2,295,360.00(the"Water District Amount"). 3. Agency acknowledges receipt of such incorrect disbursements and agrees to repay the Water District an amount equal to the Water District Amount, as provided in the remainder of this Section 3. The principal of the Water District Amount shall accrue interest, based upon the outstanding balance thereof, at the applicable variable rate established for investments as established from time to time by the California Local Agency Investment Fund (LAIF) (the IF Rate"). Payment of the Water District Amount shall be accomplished by the Agency in ten (10) substantially equivalent annual installments of $229,536.00 made pursuant to the terms of this Agreement, including without limitation Section 4 hereof. Payments shall be made as provided in Section 4.2 hereof. Agency hereby acknowledges and agrees that it shall be solely responsible for the timely and full discharge of all payment obligations contemplated in this Section 3 and the Agreement and that the City shall have no obligation of any kind to contribute or otherwise make payments under this Agreement,nor will the County make or administer payments under this Agreement. At such time as the Agency prepares an enforceable obligation schedule (as provide pursuant to Chapter 5, statutes of 2011),the Agency shall include its obligation to the Water District for payment to the Water District Amount among the listed obligations of the Agency. Agency further acknowledges that the payment obligation contemplated by this Agreement: (i)is reflected as a current debt obligation on the records of the Agency; (ii) existed, and was owed to the Water District prior to the introduction of ABX1 26 and ABX1 27; and (iii) shall not be affected or impaired by any failure to include or identify the Water District Amount on the enforceable obligation schedule. 1 DOCSOC/1487186v 11/022092-0002 ,)no 4. Payment Terns. 4.1 Interest ("Interest") shall accrue on the unpaid and outstanding balance of the Water District Amount commencing from the Effective Date and continuing until repayment in full of the Water District Amount at the LAIF Rate, with accrued but unpaid Interest also bearing Interest. (i) Notwithstanding any other provision contained herein, in no event shall Interest payable hereunder exceed the maximum rate permitted under applicable law. If Agency makes payments of Interest, fees or other charges, however denominated, which are determined to result in an interest rate that exceeds the maximum rate of interest payable under applicable law,then any such excess is hereby waived by Water District and shall automatically and from the date of payment be applied in reduction of the Water District Amount, or, if such excess is greater than the unpaid Water District Amount, the difference shall be paid by Water District to Agency. 4.2 Payments and Due Date. All payments shall be due and payable to Water District in ten(10)annual installments beginning on the thirtieth (30'h)day after a judgment by the Supreme Count becomes final with respect to the constitutionality and validity of ABX1 26 and ABX1 27(the"Initial Due Date")and each subsequent annual payment to be made on the succeeding nine anniversaries of the first payment date. (i) As of the ninth anniversary of the Initial Due Date, any remaining unpaid principal of the Water District Amount, and all accrued but unpaid interest, shall be immediately due and payable. (ii) Notwithstanding any other provision contained herein, all remaining amounts to be paid by Agency hereunder shall become immediately due and payable upon the earlier to occur of: A The ninth anniversary of the Initial Due Date; or B An election by Water District upon the occurrence of an Event of Default(as defined hereafter). (iii) Unless otherwise specifically designated in writing at the time of payment and agreed to by Water District, payments shall be credited first to late charges and unpaid costs of collection following a default, second to Interest and third to the principal amount of the Water District Amount(herein, "Principal"). 4.3 Agency's Right to Prepay. Agency shall have the right, but not obligation,to prepay at any time without penalty all or any remaining amount owing under this Agreement. Unless otherwise specifically designated in writing at the time of payment and agreed to by Water District, any such prepayment shall be credited first to late charges and unpaid costs of collection following a default, second to Interest and third to Principal. 4.4 Late Charge. If any amount of Interest and/or Principal is not received by Water District within three (3) days after its due date, then, without any requirement for notice to 2 DOCSOC/1487186v 11/022092-0002 209 Agency, Agency shall immediately pay to Water District.an additional sum of ten percent (10%) of such overdue amount as a late charge. Such late charge represents a fair and reasonable estimate of the costs that Water District will incur by reason of any late payment by Agency. Acceptance of such late charge by Water District shall not constitute a waiver of Agency's default with respect to such overdue amount, nor prevent Water District from exercising any of the other rights and remedies available to Water District under this Agreement. 4.5 Default. (i) Upon the occurrence of an Event of Default (as defined hereafter) in addition to any other available remedies under this Agreement, Water District may elect to accelerate _ the timing of any amounts remaining unpaid hereunder, causing such sums to become immediately due and payable. (ii) Each of the following shall constitute an event of default hereunder ("Event of Default"), and, at Water District's election, shall entitle Water District to accelerate the entire unpaid indebtedness represented by this Agreement: A A payment required under this Agreement has not yet been received by Water District within thirty(30)days from its due date;or B Agency's breach of any other obligation contained in this Agreement. 4.6 Cure. (i) Cure. Notwithstanding any other provision contained herein,Agency may cure what would otherwise constitute an Event of Default in accordance with the provisions of this Section. (ii) Cure of Nonpayment Default. In the event of an Event of Default not involving a payment required under the provisions of this Agreement, Water District shall tender written notice ("Default Notice") to Agency detailing the breach ("Stated Default"). If Agency does not adequately cure the Stated Default within thirty (30) days from receipt of the Default Notice ("Default Cure Period"), then Agency shall be deemed to be in default of this Agreement, unless the Stated Default cannot reasonably be cured within said thirty (30) days. In such a case, if Agency commences cure within the thirty(30)day period and completes the cure as soon as possible,Agency shall be allowed a reasonable time to complete the cure unless that time period will exceed sixty(60) days. Any Event of Default that cannot be cured within thirty(30) days cannot be cured, unless such period is specifically extended in writing by Water District. (iii) Cure of Payment Default. In the event of an Event of Default involving a payment required under the provisions of this Agreement, Water District shall tender Default Notice to Agency detailing the Stated Default. If Agency does not adequately cure the Stated Default within thirty (30) days from receipt of the Default Notice,then Agency shall be deemed to be in default of this Agreement. 5. The Parties mutually agree that, except as otherwise expressly provided in Sections 1 to 4 (inclusive)hereof, it will not promote governmental efficiency or sound public policy, but would 3 DOCSOC/1487186v 11/022092-0002 7 7/� instead result in added administrative costs to all Parties hereto, for the County to review and recalculate the payment of such amounts, if any, which were properly identifiable as override payments to the Water District but which may have otherwise been incorrectly disbursed to the Agency. Accordingly, the Parties agree that no review or payments are appropriate, and no such payments shall be made to Water District, for any periods prior to Year 1 or as otherwise specifically set forth in this Agreement and the Water District hereby releases and exonerates the Agency from any liability or responsibility therefor. 6. Notices. All notices or other communications permitted or required under this Agreement (collectively "Notices" and individually "Notice") shall be in writing and shall be sufficiently given if and when hand delivered to the persons set forth below,or if sent by documented overnight delivery service or registered or certified mail, postage prepaid, return receipt requested, or by facsimile or electronic mail (but only if a facsimile and/or e-mail address is set forth below), receipt acknowledged, addressed as set forth below or to such other person and/or at such other address, facsimile or e-mail as shall be furnished in writing by any Party hereto to the other. Any such Notice shall be deemed to have been given as of the date received, in the case of personal delivery, or on the date shown on the receipt or confirmation therefore in all other cases. If to Water District: San Bernardino Valley Municipal Water District 1380 East Vanderbilt Way San Bernardino, California 92408 Attn: Douglas Headrick, General Manager Telephone No. (909) 387-9226 Facsimile No. (909)387-9247 If to Agency: Redevelopment Agency of the City of Grand Terrace 22795 Barton Road � Grand Terrace, California 92313-5295 Attn: Betsy Adams,Executive Director Telephone No. (909)320-2245 Facsimile No. (909) 783-7629 A copy of each Party's Notice(s)to: Varner&Brandt LLP 3750 University Avenue, Suite 610 Riverside, California 92501 Attn: Bruce D. Varner,Esq. Telephone No. (951)274-7777 Facsimile No. (951)274-7770 and Stradling Yocca Carlson&Rauth a Professional Corporation 660 Newport Center Drive, Suite 1600 Newport Beach, California 92660 Attn: Mark J. Huebsch, Esq. Telephone No. (949) 7254167 Facsimile No. (949) 823-5167 4 DOCSOC/1487186v 11/022092-0002 7. General Provisions. 7.1 This Agreement shall remain in effect until the thirtieth day following the ninth anniversary of the Initial Due Date, and shall not be changed or modified except by written agreement of the Parties. In the event payments contemplated hereunder, and evidenced by the Agreement remain outstanding after the thirtieth day following the ninth anniversary of the Initial Due Date, all obligations and rights granted by this Agreement and the Agreement shall survive. 7.2 Except as expressly set forth herein, the Agency, the City and the Water District each agree to bear its own attorneys' fees and costs incurred in connection with the litigation prior to this Agreement and the settlement thereof as well as the negotiation, preparation, approval, execution and delivery of this Agreement. 7.3 Should any lawsuit, action, motion, or proceeding be brought by a Party hereto to enforce, interpret, avoid, nullify, reform, rescind or seek damages for alleged breach of this Agreement, then the prevailing Party in such a proceeding shall be entitled to be reimbursed by the non-prevailing Party (or Parties) for all reasonable out-of-pocket costs and expenses incurred as a result of enforcing or pursuing such rights, remedies or interests, including but not limited to, reasonable attorneys' fees, expert or consultant fees and costs for the services rendered to such prevailing Party. 7.4 In the event a Party to this Agreement is in default of its respective obligations, the Party asserting such default shall provide written notice to the defaulting Party identifying such default and indicating that such default must be cured within thirty (30) days, unless a Party's breach is subject to a shorter cure period. If the defaulting Party fails to cure within the thirty (30) day cure period, the non-breach Party shall be entitled to seek all remedies available, either based in law or in equity. 7.5 The Agency, the City and the Water District agree to meet and confer seven (7) days prior to instituting any formal legal action or motion regarding interpretation and/or enforcement of this Agreement, excepting where another Party to this Agreement proposes to take actions which, if taken, would prejudice the rights of the other Party if the meet and confer process is undertaken. 7.6 This Agreement shall be governed by, construed, and enforced in accordance with, the laws of the State of California. Any legal proceeding sought to enforce or interpret this Agreement shall be brought in the Superior Court of California located in the County of San Bernardino. 7.7 Calendar Days. For purposes of this Agreement, the word "day" or "days," whether capitalized,or not, shall refer to calendar days. 7.8 Attorneys' Fees. If any Party reasonably retains counsel for the purpose of enforcing or preventing the breach of any provision of this Agreement, for recovering damages for an alleged breach of any provision hereof, for a declaration of such Party's rights or obligations hereunder, or for any other judicial or non judicial remedy, which tern includes arbitration, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to be reimbursed by the losing Party for all costs and expenses incurred thereby, including, but not limited to, reasonable attorneys'fees and costs for the services rendered to such prevailing Party. 5 DOCSOC/1487186v 11/022092-0002 7.9 Modification. Except as otherwise specifically provided herein or by operation of law, any provision contained in this Agreement may be modified, but only by the unanimous written consent of the Parties. 7.10 Assignment. If Water District assigns its interests to receive payment under this Agreement, such assignment shall not be of any effect to Agency until Water District has properly notified Agency in writing of such assignment and provides Agency with sufficient information regarding the assignee to permit Agency to make payments thereto. Agency may not assign any of its rights or obligations to any other party without the express consent of Water District. 7.11 Extensions. Water District may, in its sole discretion, grant Agency any extensions of time for payment of any of the indebtedness, or grant any other indulgences or forbearances whatsoever,without notice to Agency and without affecting, in any way,the liability of Agency. 7.12 Faxed/Mechanical/Stamped Signatures. All fax, mechanical and/or stamped signatures shall be treated as original signatures ("Associated Signatures)") that are associated with this Agreement, as long as affixed to the particular document with the approval of the person whose signature is represented by the Associated Signature. There shall be a rebuttable presumption that an Associated Signature was affixed to the particular document with the consent of the person whose signature is represented thereby. 7.13 This Agreement shall be and is binding upon and inures to the benefit of the Agency,the City,the Water District, and their respective successors and assigns. 7.14 In the event the Agency is dissolved pursuant to Chapter 5 of Statutes of 2011, the City will support the payment by an oversight board of all amounts due and payable hereunder to the Water District. This Agreement shall in no way impair, reduce or otherwise adversely affect any rights or claims, of any kind or nature,the Water District may have against any successor agency, or any oversight board ordered or responsible for the satisfaction of outstanding obligations of the Agency. 7.15 This Agreement shall be interpreted as if equally prepared by all Parties hereto. 7.16 This Agreement constitutes the final expression of the terms included therein and the complete and exclusive statement of the agreement among the Parties with respect to the subject matter hereof, and any other prior or contemporaneous oral or written agreements respecting its subject matter are merged with and into this Agreement and shall have no force or effect whatsoever. 7.17 This Agreement includes all of the representations of every kind and nature made by the Parties,one to the other, whether oral or written, in connection with or as an inducement to enter into this Agreement. The Parties acknowledge that they have in good faith mutually participated in the negotiation of this Agreement. Each Party further acknowledges that it has read this Agreement and is fully aware of and understands all of the terms and consequences thereof and is voluntarily executing this Agreement in good faith. Each Party further acknowledges that no other Party, agent, or attorney of any other Party herein has made any promise, representation, or warranty 6 DOC SOC/1487186v 11/022092-0002 »a whatsoever, written or oral, express or implied, not contained in this Agreement concerning the subject matter thereof, to induce it to authorize-the execution thereof, and acknowledges that it has not authorized the execution of this Agreement in reliance upon any such promise, representation, or warranty not contained herein. 7.18 If any provision of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby and shall remain valid and enforceable to the fullest extent permitted by law. Any provision determined to be invalid or unenforceable shall be deemed replaced, if permitted by law, by a valid and enforceable provision that, to the maximum extent possible, reflects the Parties' intent in the invalid or unenforceable provision. GRAND TERRACE REDEVELOPMENT AGENCY By: Executive Director SAN BERNARDINO VALLEY MUlp;r. WATER � DISTRICT By: Gil d- Ge l Manager 1 CITY OF GRAND TERRACE By: City Manager 7 DOCSO C/1487186v 11/022092-0002 CALIFORNIA AGENDA REPORT MEETING DATE: September 13, 2011 Council Item ( X ) CRA Item ( ) TITLE: Co-sponsorship of Community Events Provided by the -� Grand Terrace Community Foundation's Community Events Committee in Fiscal Year 2011-12 PRESENTED BY: Betsy M. Adams, City Manager RECOMMENDATION: 1. Direct staff to prepare a limited-term co-sponsorship agreement, for City Council approval, with the Grand Terrace Community Foundation. 2. Authorize use of $2,000 from the City's Community Events trust account by the Grand Terrace Community Foundation's Community Events Committee for the Halloween Harvest while the agreement is being prepared. i� �- BACKGROUND: The Fiscal Year (FY) 2011-12 budget contains several service level reductions, including discontinuing Grand. Terrace Community Day, Movies in the Park, and Halloween Haunt. When adopting the budget, the Council expressed the hope that community groups would come forward to continue these events for the community. In response to the Council's desire for community groups to continue community events, the Grand Terrace Community Foundation (Foundation) formed a Community Events Committee (Committee) which includes many of the individuals who previously served on the City's Community Events Committee. DISCUSSION: The first event the Foundation's Community Events Committee plans to provide would be a new version of the Halloween Haunt which will be called the Halloween Harvest. The Committee would like to use up to $2,000 from the City's Community Events trust account toward the cost of this event, which is approximately half the estimated cost. As presently planned, the Halloween Harvest would include the following activities: ■ Costume parade in the grass area of Rollins Park ■ Costume contest ■ Candy distribution at tables COUNCIL AGENDA ITEM NO.E313 Transfer of Community Events to the Grand Terrace Community Foundation's Community Events Committee Page 2 ■ Photo opportunity area ■ Snack bar The Halloween Harvest would not include carnival style game booths used at prior Halloween Haunts. The Committee is still evaluating how contest judging and master of ceremonies roles will be handled for the Halloween Harvest. Members of the Committee will be present at the September 13 Council Meeting to answer any questions on the event. The Halloween Harvest is planned for October 31, 2011 from 5:30 pm to 7:30 pm at Rollins Park. As preparations need to begin now, Council authorization is requested to allow the Foundation's Community Events Committee to use up to $2,000 from the City's Community Events trust account while the co-sponsorship agreement is being prepared. The co-sponsorship agreement will be brought forward for Council approval at the October 25 Council Meeting. FISCAL IMPACT: Approximately $6,000 remains in the City's Community Events trust account. The funds are primarily from donations and sponsorships. Through the City's limited-term co- sponsorship agreement with the Foundation, these funds would be available to the Foundation's Community Events Committee for community events in FY 2011-12. The agreement would require an accounting of the use of the $6,000 as they are public funds. With $2,000 allocated for the Halloween Harvest, $4,000 would remain to be appropriated through the co-sponsorship agreement. �- Respectfully submitted: Betsy WAdamg, City Manager ATTACHMENTS: none 717 PENDING CRA APPROVAL CITY OF GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY MINUTES REGULAR MEETING -AUGUST 23, 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 August 23, 2011 at 6:30 p.m. PRESENT: Walt Stanckiewitz, Chairman Lee Ann Garcia, Vice-Chairman Darcy McNaboe, Agency Member Bernardo Sandoval, Agency Member Gene Hays, Agency Member Betsy M. Adams, City Manager Tracey Martinez, Interim City Clerk Bernie Simon, Finance Director Joyce Powers, Community & Economic Development Director Richard Shields, Building & Safety Director John Harper, City Attorney Lt. Steve Dorsey, San Bernardino County Sheriffs Department Sgt. Ed Finneran, San Bernardino County Sheriffs Department Rick McClintock, San Bernardino County Fire Department ABSENT: None CONVENE COMMUNITY REDEVELOPMENT AGENCY AT 6:00 P.M. 1. APPROVAL OF 08-09-2011 MINUTES CRA-2011-43 MOTION BY AGENCY MEMBER MCNABOE, SECOND BY AGENCY MEMBER HAYS, CARRIED 5-0, to approve the August 9, 2011 Minutes. 2. REQUEST FOR OWNER PARTICIPATION STATEMENTS OF INTEREST CRA-2011-44 MOTION BY AGENCY MEMBER MCNABOE, SECOND BY AGENCY MEMBER HAYS, CARRIED 5-0, to direct staff to notify the affected parties of the proposed project area, which is the area directly east of the 1-215, generally between Commerce Way and Pico Street, of their opportunity to submit a Statement of Interest per the adopted Rules of Participation under the Redevelopment Plan. 3. ADOPTION OF AN ENFORCEABLE OBLIGATION PAYMENT SCHEDULE CRA AGENDA ITEM NO. „4 Community Redevelopment Agency Minutes August 23, 2011 Page 2 CRA-2011-45 MOTION BY VICE-CHAIRMAN GARCIA, SECOND BY AGENCY MEMBER MCNABOE, CARRIED 5-0, to adopt a Resolution approving the Enforceable Obligation Payment Schedule required by the State and authorize the Executive Director to make any changes to the schedule necessary to ensure accuracy. Chairman Stanckiewitz adjourned the Community Redevelopment Agency Meeting at 7:50 p.m., until the next CRA/City Council Meeting that is scheduled to be held on Tuesday, ' September 13, 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 CAALk' ....AGENDA IFORNIA REPORT MEETING DATE: September 13, 2011 Council Item ( ) CRA Item ( X ) TITLE: Termination of the Disposition and Development Agreement between the Redevelopment Agency and Jacobsen Family Holdings, LLC PRESENTED BY: Joyce Powers, Community and Economic Development Director RECOMMENDATION: Approve the Agreement to Terminate the Disposition and Development Agreement between the Agency and Jacobsen Family Holdings, LLC BACKGROUND: On January 27, 2005, the Agency approved a Disposition and Development Agreement with Jacobsen Family Holdings, LLC with the intent to develop a retail center in public- private partnership. Through implementation of the DDA, the Agency would sell certain parcels to the developer at a sales price that had been determined through an independent appraisal. The project site area was generally south of Barton Road bounded by Michigan Street on the west and the Gage Canal on the east. Several of the parcels included in the DDA have since been realigned and sold to Stater Bros., which has constructed their market and intends to develop additional commercial uses. Two parcels currently owned by the Agency are included in the DDA site area, and the DDA requires that these parcels be sold to the Developer. Those two parcels, Assessor's Parcel Numbers 1167-231-01 and 1167-311-01 are depicted on the attached map (Attachment 1). This map attachment is from the 2005 DDA and does not reflect the new parcel configuration to facilitate construction of the market. The privately-owned property at 22273 Barton Road (APN 1167-231-02), east of the Stater Bros. property and west of the Agency's parcels is also with the DDA site map area. However, the DDA did not require that the Agency purchase the parcel for the proposed project. DISCUSSION: The Developer has transferred all of his property interests within the DDA site area to Stater Bros., and has agreed to voluntarily terminate the DDA. The Agreement to CRA AGENDA ITEM NO. Terminate the DDA provides that the Agency retains ownership of Assessor's Parcel Numbers 1167-231-01 and 1167-311-01. The DDA will have no further affect. The City Attorney assisted in the preparation of the termination document. FISCAL IMPACT: There is no fiscal impact other than staff time and City Attorney costs. Respectfully submitted: j6ycg Powers, Community and Economic Development Director Manager Approval: Betsy,kf Adams, City Manager ATTACHMENTS: 1. Site area map from 2005 DDA 2. Agreement to Terminate Disposition and Development Agreement '�` � ATTACHMENT NO. 1 SITE MAP FROM 2005 DDA 224 Owd ?evuue - Adeddm'Q 1167-231 ,�¢�'Q 1167-311 i I AM# AM# APN$ APN# AM# N APN# APN# APN# APN# APN# b67 231-11 1167 231-10 1167 231-M 1167- 1167- 1181 -�� A16 # 1167_ 111-0 1 4-0 1167- # � 231 231 1167- �1-� 1167 231-02 231-01 3�►-01 331-02 i 231-08 231-07 -os -os 231.04 f ' - APN# 1 1167-23142 1 --4 I APN# \% 1167 23143 ►;DA ----------------------- Si 'S ATTACHMENT NO. 2 TERMINATION AGREEMENT »ti AGREEMENT TO TERMINATE DISPOSITION AND DEVELOPMENT AGREEMENT This Agreement is hereby made and entered into by and between the City of Grand Terrace Redevelopment Agency, a California public and body, corporate and politic, (hereinafter "Agency"), and Jacobsen Family Holdings, LLC, a California Limited Liability Corporation (hereinafter"Jacobsen"),jointly the parties (hereinafter"Parties") as follows: RECITALS A. The Parties have heretofore entered into a Disposition and Development Agreement, (the "DDA") dated January 27, 2005, which Agreement was intended to facilitate the disposition and development of property within the Barton Road Specific Plan. B. Jacobsen has transferred its ownership interest a portion of the property subject to the DDA to Stater Bros. Markets, a California Corporation, (hereinafter "Stater"), specifically, APN's 1.167-231-08 and 1167-231-04. C. That portion of the property subject to the DDA owned by the Agency, specifically APN's 1167-231-01 and 1167-311-01, will be retained by the Agency. r� D. The Agency, the City of Grand Terrace (hereinafter "City") and Stater have subsequently entered into an Economic Development Agreement, dated September 1, 2010, and Stater has completed construction of the Market. E. As a result of the foregoing, the Parties to the DDA wish to terminate said DDA. NOW, THEREFORE,THE PARTIES DO HEREBY AGREE AS FOLLOWS: 1. The foregoing recitals are true and correct and incorporated hereat as if set forth in full. 2. Effective on , 2011, the Disposition and Development Agreement between the Parties and dated January 27,2005 and all amendments are hereby terminated. Date: ,2011 AGENCY CITY OF GRAND TERRACE REDEVELOPMENT AGENCY, a California public body, corporate and politic By: Walt Stanckiewitz Its: Chairman Date: ST,2011 JACOBSEN OLDINGS,LLC By: Do Approved as to Form: John R. Harper, City and Agency Attorney 2 »a