San Bernardino County Registrar of Voters-2020-21-2020-21 2oQ0- a(
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
Contract Number
20-ROV-29
SAN BERNARDINO
COUNTY SAP Number
REGISTRAR OF VOTERS
Department Contract Representative Bob Page
Telephone Number 909-387-2100
Contractor City of Grand Terrace
Contractor Representative Steve Weiss
Telephone Number (909) 824-6621 ext. 225
Contract Term Upon full execution through September 22,2025
Original Contract Amount $0
Amendment Amount
Total Contract Amount $o
Cost Center 6800001000
IT IS HEREBY AGREED AS FOLLOWS:
•
WHEREAS, the County of San Bernardino (County) desires to place a secure ballot drop box on City of Grand
Terrace (Contractor's) property located at 22795 Barton Road, Grand Terrace, CA 92313 for the purpose of
allowing city and county voters to deposit official ballots, 24/7,for all elections in San Bernardino County;and
WHEREAS, the County finds Contractor qualified to provide a location for a secure ballot drop box on its
property; and
WHEREAS, the County desires that such services be provided by Contractor and Contractor agrees to perform
these services as set forth below;
NOW, THEREFORE, the County and Contractor mutually agree to the following terms and conditions:
A. CONTRACTOR RESPONSIBILITIES
A.1 To allow access to the box by voters during any scheduled Countywide consolidated election and
during any other election in which voters within the Contractor's jurisdiction are eligible to vote.
A.2 To maintain the area adjacent to the box by keeping the area in good condition and conduct
regular inspections at least once a day during business hours during voting periods and routine
maintenance of the area to ensure the public has access to the box.
Standard Contract Page 1 of 10
subcontractors shall establish and
maintain a financial management system and records that properly accumulate and
segregate reasonable, allowable, and allocable incurred PROJECT costs and matching
funds by line item for the PROJECT. The financial management system of
ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to
Generally Accepted Accounting Principles, enable the determination of incurred costs at
interim points of completion, and provide support for reimbursement payment vouchers or
invoices set to or paid by STATE.
M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single
Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal
year of the Catalogue of Federal Domestic Assistance.
N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS
adopting the terms of this AGREEMENT in the schedule of projects to be examined in
ADMINISTERING AGENCY's" annual audit and in the schedule of projects to be
Program Supplement 08-5421F15-F005-ISTEA Page 5 of 6
uding those set forth in the Local Assistance Procedures Manual and the
Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL
ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of
Program Supplement 08-5421F15-F005-ISTEA Page 3 of 6
(117,1'7 nnnl./2;4a,,n1 52
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nd warranties shall not extend to
such use, reuse or assignment. Contractor may retain copies of such documents for its own use.
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on-conforming work and any
work damaged by such work or the replacement or correction thereof at Contractor's sole expense.
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A.3 To report any damage, tampering or defacement of the box to the County.
A.4 To monitor the status of the box during an election and report any issues to the County.
A.5 To remove and secure mail ballots from the box on an emergency basis only upon direction by
County.
A.6 Contractor is receiving the ballot box from County and Contractor is not responsible or liable in
any way what-so-ever for the adequacy of the box for its intended purpose or for acts of third parties that
may damage to the box, tamper with or spoil of its contents, or any other criminal act of a third party
related to the box or its contents.
B. GENERAL CONTRACT REQUIREMENTS
B.1 Recitals
The recitals set forth above are true and correct and incorporated herein by this reference.
B.2 Contract Amendments
Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the
Contract, shall be valid only when reduced to writing, executed and attached to the original
Contract and approved by the person(s) authorized to do so on behalf of Contractor and County.
B.3 Contract Assignability
Without the prior written consent of the County,the Contract is not assignable by Contractor either
in whole or in part.
B.4 Contract Exclusivity
This is not an exclusive Contract. The County reserves the right to enter into a contract with other
contractors for the same or similar services.The County does not guarantee or represent that the
Contractor will be permitted to perform any minimum amount of work, or receive compensation
other than on a per order basis, under the terms of this Contract.
B.5 Attorney's Fees and Costs
If any legal action is instituted to enforce any party's rights hereunder, each party shall bear its
own costs and attorney fees, regardless of who is the prevailing party. This paragraph shall not
apply to those costs and attorney fees directly arising from a third-party legal action against a
party hereto and payable under Indemnification and Insurance Requirements.
B.6 Change of Address
Contractor shall notify the County in writing, of any change in mailing address within ten (10)
business days of the change.
B.7 Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.
B.8 Primary Point of Contact
Contractor will designate an individual to serve as the primary point of contact for the Contract.
Contractor or designee must respond to County inquiries within two(2)business days. Contractor
shall not change the primary contact without written acknowledgement to the County. Contractor
will also designate a back-up point of contact in the event the primary contact is not available.
B.9 County Representative
The Registrar of Voters or his/her designee shall represent the County in all matters pertaining to
the services to be rendered under this Contract, including termination and assignment of this
Contract, and shall be the final authority in all matters pertaining to the Services/Scope of Work
Revised 08/17/2020 Page 2 of 10
Page 5 of 6
uding those set forth in the Local Assistance Procedures Manual and the
Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL
ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of
Program Supplement 08-5421F15-F005-ISTEA Page 3 of 6
(117,1'7 nnnl./2;4a,,n1 52
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mnn7nnrui44o1m u
nd warranties shall not extend to
such use, reuse or assignment. Contractor may retain copies of such documents for its own use.
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n17A7 nnn4/llo1n1 Q
on-conforming work and any
work damaged by such work or the replacement or correction thereof at Contractor's sole expense.
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n1147 nnnv/6lo1n1 2
by Contractor. If this contract was initially approved by the San Bernardino County Board of
Supervisors,then the Board of Supervisors must approve all amendments to this Contract.
B.10 Damage to County Property
Contractor shall repair, or cause to be repaired, at its own cost, all damages to the box caused
by the willful or negligent acts of Contractor or its employees or agents. Such repairs shall be
made immediately after Contractor becomes aware of such damage, but in no event later than
thirty(30)days after the occurrence.
If the Contractor fails to make timely repairs, the County may make any necessary repairs. The
Contractor, as determined by the County, shall repay all costs incurred by the County for such
repairs, by cash payment upon demand, or County may deduct such costs from any amounts due
to the Contractor from the County, as determined at the County's sole discretion.
B.11 Drug and Alcohol Free Workplace
In recognition of individual rights to work in a safe, healthful and productive work place, as a
material condition of this Contract,the Contractor agrees that the Contractor and the Contractor's
employees, while performing service for the County, on County property, or while using County
equipment:
B.11.1 Shall not be in any way impaired because of being under the influence of
alcohol or an illegal or controlled substance.
B.11.2 Shall not possess an open container of alcohol or consume alcohol or possess
or be under the influence of an illegal or controlled substance.
B.11.3 Shall not sell, offer, or provide alcohol or an illegal or controlled substance to
another person, except where Contractor or Contractor's employee who, as
part of the performance of normal job duties and responsibilities, prescribes or
administers medically prescribed drugs.
The Contractor shall inform all employees that are performing service for the County on County
property,or using County equipment,of the County's objective of a safe, healthful and productive
work place and the prohibition of drug or alcohol use or impairment from same while performing
such service for the County.
The County may terminate for default or breach of this Contract and any other Contract the
Contractor has with the County, if the Contractor or Contractor's employees are determined by
the County not to be in compliance with above.
B.12 Duration of Terms
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the
benefit of the heirs, executors, administrators, successors, and assigns of the respective parties,
provided no such assignment is in violation of the provisions of this Contract.
B.13 Employment Discrimination
During the term of the Contract, Contractor shall not discriminate against any employee or
applicant for employment because of race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, genetic information, marital status, sex,
gender,gender identity,gender expression,sexual orientation,age,or military and veteran status.
Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250,
13672,Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and
Housing Act and other applicable Federal, State and County laws and regulations and policies
relating to equal employment and contracting opportunities, including laws and regulations
hereafter enacted.
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retain copies of such documents for its own use.
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on-conforming work and any
work damaged by such work or the replacement or correction thereof at Contractor's sole expense.
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n1147 nnnv/6lo1n1 2
•
B.14 Informal Dispute Resolution
In the event the County determines that service is unsatisfactory, or in the event of any other
dispute, claim,question or disagreement arising from or relating to this Contract or breach thereof,
the parties hereto shall use their best efforts to settle the dispute, claim,question or disagreement.
To this effect, they shall consult and negotiate with each other in good faith and, recognizing their
mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
B.15 Legality and Severability
The parties' actions under the Contract shall comply with all applicable laws, rules, regulations,
court orders and governmental agency orders. The provisions of this Contract are specifically
made severable. If a provision of the Contract is terminated or held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in
full effect.
B.16 Material Misstatement/Misrepresentation
If during the course of the administration of this Contract, the County determines that Contractor
has made a material misstatement or misrepresentation or that materially inaccurate information
has been provided to the County, this Contract may be immediately terminated. If this Contract
is terminated according to this provision, the County is entitled to pursue any available legal
remedies.
B.17 Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to
exercise all discretion and rights granted hereunder, and to give all consents in a reasonable
manner consistent with the standards of"good faith"and "fair dealing".
B.18 Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or
employment arrangement between the Parties hereto,nor shall either Party have the right,power
or authority to create an obligation or duty, expressed or implied, on behalf of the other Party
hereto.
B.20 Representation of the County
In the performance of this Contract, Contractor, its agents and employees, shall act in an
independent capacity and not as officers,employees, or agents of the County of San Bernardino.
B.21 Strict Performance
Failure by a party to insist upon the strict performance of any of the provisions of this Contract by
the other party, or the failure by a party to exercise its rights upon the default of the other party,
shall not constitute a waiver of such party's right to insist and demand strict compliance by the
other party with the terms of this Contract thereafter.
B.22 Subpoena
In the event that a subpoena or other legal process commenced by a third party in any way
concerning the Goods or Services provided under this Contract is served upon Contractor or County,
such party agrees to notify the other party in the most expeditious fashion possible following receipt
of such subpoena or other legal process. Contractor and County further agree to cooperate with the
other party in any lawful effort by such other party to contest the legal validity of such subpoena or
other legal process commenced by a third party as may be reasonably required and at the expense
of the party to whom the legal process is directed,except as otherwise provided herein in connection
with defense obligations by Contractor for County.
B.23 Termination for Convenience
The County and the Contractor each reserve the right to terminate the Contract, for any reason,
with a sixty(60) day written notice of termination. Such termination may include all or part of the
services described herein. If Contractor desires to terminate the Contract, they shall give the
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County ample notice and access to remove the drop box. County shall have sixty(60)days from
the date Contractor terminates the contract to remove the drop box and restore the property to its
original condition. Should County fail to remove the drop box within sixty(60) days, Contractor
may remove the box and charge the cost to County. County shall have sixty(60)days from the
mailing of the cost notice to reimburse Contractor for the cost of removing the drop box. If
Contractor removes the drop box due to County's failure to remove the box, Contractor shall not
be responsible for any damages to the drop box notwithstanding any other provision in this
Contract.
B.24 Time of the Essence
Time is of the essence in performance of this Contract and of each of its provisions.
B.25 Venue
The parties acknowledge and agree that this Contract was entered into and intended to be
performed in San Bernardino County, California. The parties agree that the venue of any action
or claim brought by any party to this Contract will be the Superior Court of California, County of
San Bernardino, San Bernardino District. Each party hereby waives any law or rule of the court,
which would allow them to request or demand a change of venue. If any action or claim
concerning this Contract is brought by any third party and filed in another venue,the parties hereto
agree to use their best efforts to obtain a change of venue to the Superior Court of California,
County of San Bernardino, San Bernardino District.
C. TERM OF CONTRACT
This Contract is effective as of prffln full executionMugh September 22, 20205 but may be terminated
earlier in accordance with provisions of this Contract.
D. COUNTY RESPONSIBILITIES
D.1 To provide,install and remove the ballot box at County expense,and restore Contractor's property
to its original condition.
D.2 To timely notify the Contractor of any elections to be conducted where the box will need to be
available.
D.3 To service the box by removing the ballots as required by County and State requirements during
an election period.
D.4 To maintain, repair or replace the box as needed.
D.5 To respond to any reported problems or incidents related to the box within 48-hours of Contractor
notifying County of the problem or incident.
D.6 To unlock the box at the start of regular Contractor business hours twenty-nine (29) days before
the day of an election to allow voters to return their voted mail ballots by depositing the ballots into the
box.
D.7 To securely lock the box promptly at 8:00 p.m. on the day of an election to prevent late ballots
from being deposited.
E. INDEMNIFICATION AND INSURANCE REQUIREMENTS
E.1 Indemnification
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concerning the Goods or Services provided under this Contract is served upon Contractor or County,
such party agrees to notify the other party in the most expeditious fashion possible following receipt
of such subpoena or other legal process. Contractor and County further agree to cooperate with the
other party in any lawful effort by such other party to contest the legal validity of such subpoena or
other legal process commenced by a third party as may be reasonably required and at the expense
of the party to whom the legal process is directed,except as otherwise provided herein in connection
with defense obligations by Contractor for County.
B.23 Termination for Convenience
The County and the Contractor each reserve the right to terminate the Contract, for any reason,
with a sixty(60) day written notice of termination. Such termination may include all or part of the
services described herein. If Contractor desires to terminate the Contract, they shall give the
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a. Contractor agrees to indemnify, defend(with counsel approved by County)and hold harmless
the County and its officers, employees, agents and volunteers from any and all claims, actions,
losses, damages, and/or liability resulting from the Contractor's negligent acts or omissions
which arise from the Contractor's performance of its obligations under this Contract.
County agrees to indemnify, defend (with counsel approved by Contractor),and hold harmless
the Contractor and its officers, employees, agents and volunteers from any and all claims,
actions, losses, damages, and/or liability resulting from the County's negligent acts or
omissions which arise from the County's performance of its obligations under this Contract.
in the event the County and/or the Contractor is found to be comparatively at fault for any claim,
action, loss or damage which results from their respective obligations under the Contract, the
County and/or Contractor shall indemnify the other to the extent of its comparative fault.
Furthermore, if the County or Contractor attempts to seek recovery from the other for Workers'
Compensation benefits paid to an employee, the County and Contractor agree that any alleged
negligence of the employee shall not be construed against the employer of that employee.
b. This section 4 survives the termination or expiration of this Contract.
E.2 Self-Insurance
If both County and Contractor are authorized self-insured public entities for purposes of
Professional Liability, General Liability,Automobile Liability and Workers'Compensation and warrant that
through their respective programs of self-insurance, they have adequate coverage or resources to protect
against liabilities arising out of the performance of the terms, conditions or obligations of this agreement,
then that shall suffice for coverage and meet the insurance requirements for this Contract.
E.3 Additional Insured
All policies, except for Worker's Compensation, Errors and Omissions and Professional Liability
policies shall contain additional endorsements naming the County and its officers, employees,
agents and volunteers as additional named insured with respect to liabilities arising out of the
performance of services hereunder. The additional insured endorsements shall not limit the
scope of coverage for the County to vicarious liability but shall allow coverage for the County to
the full extent provided by the policy. Such additional insured coverage shall be at least as broad
as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.
E.4 Waiver of Subrogation Rights
The Contractor shall require the carriers of required coverages to waive all rights of subrogation
against the County, its officers, employees, agents, volunteers, contractors and subcontractors.
All general or auto liability insurance coverage provided shall not prohibit the Contractor and
Contractor's employees or agents from waiving the right of subrogation prior to a loss or claim.
The Contractor hereby waives all rights of subrogation against the County.
E.5 Policies Primary and Non-Contributory
All policies required herein are to be primary and non-contributory with any insurance or self-
insurance programs carried or administered by the County.
E.6 Severability of Interests
The Contractor agrees to ensure that coverage provided to meet these requirements is applicable
separately to each insured and there will be no cross liability exclusions that preclude coverage
for suits between the Contractor and the County or between the County and any other insured or
additional insured under the policy.
E.7 Proof of Coverage
The Contractor shall furnish Certificates of Insurance to the County Department administering the
Contract evidencing the insurance coverage at the time the Contract is executed, additional
endorsements, as required shall be provided prior to the commencement of performance of
Revised 08/17/2020 Page 6 of 10
services hereunder, which certificates shall provide that such insurance shall not be terminated
or expire without thirty(30)days written notice to the Department, and Contractor shall maintain
such insurance from the time Contractor commences performance of services hereunder until the
completion of such services. Within fifteen (15)days of the commencement of this contract, the
Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide
complete certified copies of the policies and endorsements immediately upon request. If
Contractor is self-insured or a member of a JPIA, evidence of such coverage shall be furnished
to County within fifteen(15) days of the commencement of this contract.
E.8 Acceptability of Insurance Carrier
Unless otherwise approved by Risk Management, insurance shall be written by insurers
authorized to do business in the State of California and with a minimum "Best" Insurance Guide
rating of"A-VII". Self-insurance or membership in a JPIA shall suffice for coverage.
E.9 Deductibles and Self-Insured Retention
Any and all deductibles or self-insured retentions in excess of$10,000 shall be declared to and
approved by Risk Management.
E.10 Failure to Procure Coverage
In the event that any policy of insurance required under this contract does not comply with the
requirements, is not procured, or is canceled and not replaced, the County has the right but not
the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any
premiums paid by the County will be promptly reimbursed by the Contractor or County payments
to the Contractor will be reduced to pay for County purchased insurance.
E.11 Insurance Review
Insurance requirements are subject to periodic review by the County. The Director of Risk
Management or designee is authorized, but not required, to reduce, waive or suspend any
insurance requirements whenever Risk Management determines that any of the required
insurance is not available, is unreasonably priced, or is not needed to protect the interests of the
County. In addition, if the Department of Risk Management determines that heretofore
unreasonably priced or unavailable types of insurance coverage or coverage limits become
reasonably priced or available, the Director of Risk Management or designee is authorized, but
not required,to change the above insurance requirements to require additional types of insurance
coverage or higher coverage limits, provided that any such change is reasonable in light of past
claims against the County, inflation, or any other item reasonably related to the County's risk.
Any change requiring additional types of insurance coverage or higher coverage limits must be
made by amendment to this contract. Contractor agrees to execute any such amendment within
thirty(30)days of receipt.
Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any
of the insurance and indemnification requirements will not be deemed as a waiver of any rights
on the part of the County.
E.12 The Contractor agrees to provide insurance set forth in accordance with the requirements herein.
If the Contractor uses existing coverage to comply with these requirements and that coverage
does not meet the specified requirements, the Contractor agrees to amend, supplement or
endorse the existing coverage to do so.
Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor
shall secure and maintain throughout the contract term the following types of insurance with limits
as shown:
•
E.12.1 Workers' Compensation/Employer's Liability—A program of Workers' Compensation
insurance or a state-approved, self-insurance program in an amount and form to meet
Revised 08/17/2020 Page 7 of 10
endorsements, as required shall be provided prior to the commencement of performance of
Revised 08/17/2020 Page 6 of 10
•
all applicable requirements of the Labor Code of the State of California, including
Employer's Liability with $250,000 limits covering all persons including volunteers
providing services on behalf of the Contractor and all risks to such persons under this
contract.
If Contractor has no employees, it may certify or warrant to the County that it does not
currently have any employees or individuals who are defined as "employees" under
the Labor Code and the requirement for Workers' Compensation coverage will be
waived by the County's Director of Risk Management.
With respect to Contractors that are non-profit corporations organized under California
or Federal law, volunteers for such entities are required to be covered by Workers'
Compensation insurance.
E.12.2 Commercial/General Liability Insurance—The Contractor shall carry General Liability
Insurance covering all operations performed by or on behalf of the Contractor providing
coverage for bodily injury and property damage with a combined single limit of not less
than one million dollars ($1,000,000), per occurrence. The policy coverage shall
include:
a. Premises operations and mobile equipment.
b. Products and completed operations.
c. Broad form property damage (including completed operations).
d. Explosion, collapse and underground hazards.
e. Personal injury.
f. Contractual liability.
g. $2,000,000 general aggregate limit.
E.12.3 Automobile Liability Insurance— Primary insurance coverage shall,be written on ISO
Business Auto coverage form for all owned, hired and non-owned automobiles or
symbol 1 (any auto). The policy shall have a combined single limit of not less than
one million dollars($1,000,000)for bodily injury and property damage,per occurrence.
If the Contractor is transporting one or more non-employee passengers in
performance of contract services, the automobile liability policy shall have a combined
single limit of two million dollars ($2,000,000) for bodily injury and property damage
per occurrence.
If the Contractor owns no autos, a non-owned auto endorsement to the General
Liability policy described above is acceptable.
E.12.4 Umbrella Liability Insurance — An umbrella (over primary) or excess policy may be
used to comply with limits or other primary coverage requirements. When used, the
umbrella policy shall apply to bodily injury/property damage, personal
injury/advertising injury and shall include a "dropdown" provision providing primary
coverage for any liability not covered by the primary policy. The coverage shall also
apply to automobile liability.
F. CORRECTION OF PERFORMANCE DEFICIENCIES
F.1 Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions
of this Contract shall be a material breach of this Contract.
F.2 In the event of a non-cured breach, County may,at its sole discretion and in addition to any other
remedies available at law, in equity, or otherwise specified in this Contract:
a. Afford Contractor thereafter two(2)calendar days within which to cure the breach; and/or
Revised 08/17/2020 Page 8 of 10
comply with these requirements and that coverage
does not meet the specified requirements, the Contractor agrees to amend, supplement or
endorse the existing coverage to do so.
Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor
shall secure and maintain throughout the contract term the following types of insurance with limits
as shown:
•
E.12.1 Workers' Compensation/Employer's Liability—A program of Workers' Compensation
insurance or a state-approved, self-insurance program in an amount and form to meet
Revised 08/17/2020 Page 7 of 10
endorsements, as required shall be provided prior to the commencement of performance of
Revised 08/17/2020 Page 6 of 10
b. Discontinue reimbursement to Contractor for and during the period in which Contractor is in
breach, which reimbursement shall not be entitled to later recovery; and/or
c. Withhold funds pending duration of the breach; and/or
d. Offset against any monies billed by Contractor but yet unpaid by County those monies
disallowed pursuant to Item "b"of this paragraph; and/or
e. Terminate this Contract immediately and be relieved of the payment of any consideration to
Contractor. In the event of such termination, the County may proceed with the work in any -
manner deemed proper by the County. The cost to the County shall be deducted from any
sum due to the Contractor under this Contract and the balance, if any, shall be paid by the
Contractor upon demand.
G. NOTICES
All written notices provided for in this Contract or which either party desires to give to the other shall be
deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in
the United States mail, postage prepaid, and addressed to the other party as follows:
County of San Bernardino City of Grand Terrace
Registrar of Voters 22795 Barton Road
777 E. Rialto Ave. Grand Terrace, CA 92313
San Bernardino, CA 92415
Notice shall be deemed communicated two(2)County working days from the time of mailing if mailed as
provided in this paragraph.
H. ENTIRE AGREEMENT
This Contract, including all Exhibits and other attachments, which are attached hereto and incorporated
by reference, and other documents incorporated herein, represents the final, complete and exclusive
agreement between the parties hereto. Any prior agreement, promises, negotiations or representations
relating to the subject matter of this Contract not expressly set forth herein are of no force or effect.This
Contract is executed without reliance upon any promise, warranty or representation by any party or any
representative of any party other than those expressly contained herein. Each party has carefully read
this Contract and signs the same of its own free will.
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autos, a non-owned auto endorsement to the General
Liability policy described above is acceptable.
E.12.4 Umbrella Liability Insurance — An umbrella (over primary) or excess policy may be
used to comply with limits or other primary coverage requirements. When used, the
umbrella policy shall apply to bodily injury/property damage, personal
injury/advertising injury and shall include a "dropdown" provision providing primary
coverage for any liability not covered by the primary policy. The coverage shall also
apply to automobile liability.
F. CORRECTION OF PERFORMANCE DEFICIENCIES
F.1 Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions
of this Contract shall be a material breach of this Contract.
F.2 In the event of a non-cured breach, County may,at its sole discretion and in addition to any other
remedies available at law, in equity, or otherwise specified in this Contract:
a. Afford Contractor thereafter two(2)calendar days within which to cure the breach; and/or
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comply with these requirements and that coverage
does not meet the specified requirements, the Contractor agrees to amend, supplement or
endorse the existing coverage to do so.
Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor
shall secure and maintain throughout the contract term the following types of insurance with limits
as shown:
•
E.12.1 Workers' Compensation/Employer's Liability—A program of Workers' Compensation
insurance or a state-approved, self-insurance program in an amount and form to meet
Revised 08/17/2020 Page 7 of 10
endorsements, as required shall be provided prior to the commencement of performance of
Revised 08/17/2020 Page 6 of 10
r - .
IN WITNESS WHEREOF, the County of San Bernardino and the Contractor have each caused this Contract to
be subscribed by its respective duly authorized officers, on its behalf.
/
/
COUNYY OF SAN BERNARDINO CTTYOF GRAND TERRACE
(r,;nt ur ripe++a.+r .urp..+ab un t.vntNunf Contractor,etc.)
► L l By l►
Bob age, Registrar of Vo s (Au ri cisignate -sr in blue Ink)
Dated: 11 '3 2-1› _ Name G. Harold Duffey
(Print or type name of person signing contract)
Title City Manager
(Print or Type)
Dated: - 09/23/2020
Address 22795 Barton Road
--- Grand Terrare.C'A97-113_ _._..
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Rev dlApprooved by Department
Jolene Gridersputy County Counsel�e Bob/Page, egistra o Voters
Date G 7 I ) G Date Date �7/( Vo
Revised 08/17/2020 Page 10 of 10
:
County of San Bernardino City of Grand Terrace
Registrar of Voters 22795 Barton Road
777 E. Rialto Ave. Grand Terrace, CA 92313
San Bernardino, CA 92415
Notice shall be deemed communicated two(2)County working days from the time of mailing if mailed as
provided in this paragraph.
H. ENTIRE AGREEMENT
This Contract, including all Exhibits and other attachments, which are attached hereto and incorporated
by reference, and other documents incorporated herein, represents the final, complete and exclusive
agreement between the parties hereto. Any prior agreement, promises, negotiations or representations
relating to the subject matter of this Contract not expressly set forth herein are of no force or effect.This
Contract is executed without reliance upon any promise, warranty or representation by any party or any
representative of any party other than those expressly contained herein. Each party has carefully read
this Contract and signs the same of its own free will.
Revised 08/17/2020 Page 9 of 10
autos, a non-owned auto endorsement to the General
Liability policy described above is acceptable.
E.12.4 Umbrella Liability Insurance — An umbrella (over primary) or excess policy may be
used to comply with limits or other primary coverage requirements. When used, the
umbrella policy shall apply to bodily injury/property damage, personal
injury/advertising injury and shall include a "dropdown" provision providing primary
coverage for any liability not covered by the primary policy. The coverage shall also
apply to automobile liability.
F. CORRECTION OF PERFORMANCE DEFICIENCIES
F.1 Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions
of this Contract shall be a material breach of this Contract.
F.2 In the event of a non-cured breach, County may,at its sole discretion and in addition to any other
remedies available at law, in equity, or otherwise specified in this Contract:
a. Afford Contractor thereafter two(2)calendar days within which to cure the breach; and/or
Revised 08/17/2020 Page 8 of 10
comply with these requirements and that coverage
does not meet the specified requirements, the Contractor agrees to amend, supplement or
endorse the existing coverage to do so.
Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor
shall secure and maintain throughout the contract term the following types of insurance with limits
as shown:
•
E.12.1 Workers' Compensation/Employer's Liability—A program of Workers' Compensation
insurance or a state-approved, self-insurance program in an amount and form to meet
Revised 08/17/2020 Page 7 of 10
endorsements, as required shall be provided prior to the commencement of performance of
Revised 08/17/2020 Page 6 of 10