HomeMy WebLinkAbout05/28/2024CITY OF GRAND TERRACE
CITY COUNCIL
AGENDA ● MAY 28, 2024
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
COMMENTS FROM THE PUBLIC
The public is encouraged to address the City Council on any matter posted on the agenda or on any other
matter within its jurisdiction. If you wish to address the City Council, please complete a Request to Speak
card located at the front entrance and provide it to the City Clerk. Speakers will be called upon by the
Mayor at the appropriate time and each person is allowed three (3) minutes speaking time.
If you would like to participate telephonically and speak on an agenda item, you can access the meeting
by dialing the following telephone number and you will be placed in the waiting room, muted until it is your
turn to speak:
*67 1-669-900-9128
Enter Meeting ID: 839 2949 7448
Password: 166096
The City wants you to know that you can also submit your comments by email to
ccpubliccomment@grandterrace-ca.gov. To give the City Clerk adequate time to print out your comments
for consideration at the meeting, please submit your written comments prior to 5:00 p.m.; or if you are
unable to email, please call the City Clerk’s Office at (909) 954-5207 by 5:00 p.m.
If you wish to have your comments read to the City Council during the appropriate Public Comment
period, please indicate in the Subject Line “FOR PUBLIC COMMENT” and list the item number you wish
to comment on. Comments that you want read to the City Council will be subject to the three (3) minute
time limitation (approximately 350 words).
Pursuant to the provisions of the Brown Act, no action may be taken on a matter unless it is listed on the
agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to
investigate and/or schedule certain matters for consideration at a future City Council meeting.
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this
agenda are available for public viewing and inspection at City Hall, 1st Floor Lobby Area and 2nd Floor
Reception Area during regular business hours and on the City’s website www.grandterrace-ca.gov. For
further information regarding agenda items, please contact the office of the City Clerk at (909) 954-5207,
or via e-mail at dthomas@grandterrace-ca.gov.
Any documents provided to a majority of the City Council regarding any item on this agenda will be made
available for public inspection in the City Clerk’s office at City Hall located at 22795 Barton Road during
normal business hours. In addition, such documents will be posted on the City’s website at
www.grandterrace-ca.gov.
AMERICANS WITH DISABILITIES ACT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Clerk’s Office, (909) 954-5207 at least 48 hours prior to the advertised
starting time of the meeting. This will enable the City to make reasonable arrangements to ensure
accessibility to this meeting. Later requests will be accommodated to the extent feasible [28 CFR
34.102.104 ADA Title II].
Agenda Grand Terrace City Council May 28, 2024
City of Grand Terrace Page 2
CALL TO ORDER
Convene City Council.
Invocation
Pledge of Allegiance
AB 2449 Disclosures
Remote participation by a member of the legislative body for just cause or emergency
circumstances.
Roll Call
Attendee Name Present Absent Late Arrived
Mayor Bill Hussey
Mayor Pro Tem Doug Wilson
Council Member Jeff Allen
Council Member Kenneth J. Henderson
Council Member Michelle Sabino
A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA
B. PUBLIC COMMENT
This is the opportunity for members of the public to comment on any items not
appearing on the regular agenda. Because of restrictions contained in California Law,
the City Council may not discuss or act on any item not on the agenda, but may briefly
respond to statements made or ask a question for clarification. The Mayor may also
request a brief response from staff to questions raised during public comment or may
request a matter be agendized for a future meeting.
C. SPECIAL PRESENTATIONS
None.
Agenda Grand Terrace City Council May 28, 2024
City of Grand Terrace Page 3
D. CONSENT CALENDAR
The following Consent Calendar items are expected to be routine and noncontroversial.
They will be acted upon by the City Council at one time without discussion. Any Council
Member, Staff Member, or Citizen may request removal of an item from the Consent
calendar for discussion.
1. Waive Full Reading of Ordinances on Agenda
DEPARTMENT: CITY CLERK
2. Approval of Minutes – Special Meeting – 04/23/2024
DEPARTMENT: CITY CLERK
3. Approval of Minutes – Regular Meeting – 04/23/2024
DEPARTMENT: CITY CLERK
4. Resolutions Calling & Giving Notice of a General Municipal Election on November 5,
2024, and Requesting Consolidation of the Municipal Election with the State -Wide
General Election on November 5, 2024, and Establishing Candidate Statement
Regulations
RECOMMENDATION:
Adopt the following Resolutions:
1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING
OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 5, 2024,
FOR THE ELECTION OF CERTAIN OFFICERS AND REQUESTING THE
BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO TO
CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE
STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE
PURSUANT TO ELECTIONS CODE SECTION 10403 RELATING TO GENERAL
LAW CITIES
2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, ESTABLISHING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE
STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD
ON TUESDAY, NOVEMBER 5, 2024
DEPARTMENT: CITY CLERK
Agenda Grand Terrace City Council May 28, 2024
City of Grand Terrace Page 4
5. Setting Public Hearing for 2024-25 Landscape & Lighting Assessment District 89-1 for
July 23, 2024 at 6:00 P.M. or Soon Thereafter as Feasible
RECOMMENDATION:
1. SET PUBLIC HEARING FOR JULY 23, 2024, AT 6:00 P.M. OR SOON
THEREAFTER AS FEASIBLE
2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, PURSUANT TO THE LANDSCAPING AND LIGHTING
ACT OF 1972, INITIATING PROCEEDINGS TO LEVY AND INCREASE (AS
PREVIOUSLY AUTHORIZED BY PROPERTY OWNERS) ANNUAL
ASSESSMENTS FOR THE 2024-25 FISCAL YEAR FOR THE CITY OF GRAND
TERRACE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89 -1
AND ORDERING THE ENGINEER TO BE PREPARED AND FILE A REPORT IN
ACCORDANCE WITH ARTICLE IV OF CHAPTER 1 OF SAID ACT; and
3. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, GIVING PRELIMINARY APPROVAL OF THE
ENGINEERS REPORT FOR LANDSCAPING AND LIGHTING ASSESSMENT
DISTRICT NO. 89-1, AND THE LEVY, INCREASE (AS PREVIOUSLY
AUTHORIZED BY PROPERTY OWNERS), AND COLLECTION OF ANNUAL
ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2024-25; and
4. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, SETTING AND DECLARING ITS INTENTION TO
CONDUCT A PUBLIC HEARING FOR JULY 23, 2024, at 6:00 P.M. OR SOON
THEREAFTER AS FEASIBLE, ON LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT NO. 89-1, AND INTENTION TO LEVY, INCREASE (AS
PREVIOUSLY AUTHORIZED BY PROPERTY OWNERS), AND COLLECT
ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2024-25
DEPARTMENT: PUBLIC WORKS
6. Acceptance and Approval of Donation Agreement for Real Property (APN 1178 -251-03
and 05) from Friends of the Blue Mountain by Denis Kidd
RECOMMENDATION:
ACCEPTANCE OF THE DONATION OF REAL PROPERTY GENERALLY LOCATED
AT THE TOP OF BLUE MOUNTAIN IN GRAND TERRACE, CA (ASSESSOR
PARCEL NUMBERS 1178-251-03 AND 1178-251-05) FROM FRIENDS OF THE BLUE
MOUNTAIN BY DENIS KIDD AND THE APPROVAL OF THE RELATED REAL
PROPERTY DONATION AGREEMENT IS NOT SUBJECT TO CEQA; AND
ACCEPTING THE DONATION OF REAL PROPERTY THEREOF AND APPROVING
THE DONATION AGREEMENT THEREOF.
DEPARTMENT: PUBLIC WORKS
Agenda Grand Terrace City Council May 28, 2024
City of Grand Terrace Page 5
7. Thirty-First Amendment to Law Enforcement Services Contract No. 94-797 with the
County of San Bernardino to Provide Law Enforcement Services for Fiscal Year 2024 -
25 to the City of Grand Terrace
RECOMMENDATION:
1. Approve the Thirty-First Amendment to Law Enforcement Services Contract No.
94-797 with the County of San Bernardino to provide Law Enforcement Services
from the Sheriffs’ Department for Fiscal Year 2024 -25; and
2. Authorize the City Manager to execute the contract.
DEPARTMENT: CITY MANAGER
8. Award Contract to BWW & Company Inc. for Repair of Damaged Guardrail on Barton
Rd.
RECOMMENDATION:
1. Authorize a contract award to BWW & Company Inc. for the repair of damaged
guardrail on Barton Rd. in the amount of $39,750.00 NTE $42,900 per Council -
approved appropriation.
2. Authorize the City Manager to execute the agreement and any subsequent change
orders.
DEPARTMENT: PUBLIC WORKS
9. Approval of an Agreement Between the City of Grand Terrace and Superior Building
Maintenance for Facility Janitorial Services
RECOMMENDATION:
1. Approve an agreement between the City of Grand Terrace and Superior Building
Maintenance, LLC for facility janitorial services for a term of 3 years with (2) 1 -year
extensions, with a maximum total annual cost of $57,684.
2. Authorize the City Manager to execute the agreement subject to City Attorney
approval as to form.
DEPARTMENT: PUBLIC WORKS
10. Terminate the July 1, 2022, Memorandum of Understanding by and Between Colton
Joint Unified School District and the City of Grand Terrace
RECOMMENDATION:
That the City Council direct the City Manager to send notification terminating the
Memorandum of Understanding by and between Colton Joint Unified School District and
the City of Grand Terrace dated July 1, 2022.
DEPARTMENT: CITY MANAGER
Agenda Grand Terrace City Council May 28, 2024
City of Grand Terrace Page 6
E. PUBLIC HEARINGS
11. Introduction and First Reading of an Ordinance Approving Zone Change Amendment
(ZCA) 23-01 Amending City Municipal Code Title 18 (Zoning) Chapter 18.60 (Off -Street
Parking) Chapter 18.60 (Off-Street Parking) Pertaining to Off-Street Parking
Requirements. CEQA: the Adoption of the Proposed Ordinance is Not a “Project”
that is Subject to CEQA Review Because it Will Not Result in Direct Physical Change in
the Environment, or a Reasonably Foreseeable Indirect Physical Change in the
Environment. (See, §15061(B)(3) – Common Sense Exemption.)
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1) Conduct a public hearing; and
2) Introduce an Ordinance approving Zone Change Amendment (ZCA) 23 -01
amending City Municipal Code Title 18 (Zoning) Chapter 18.60 (Off -Street Parking)
pertaining to off-street parking requirements and find an Environmental Exemption
pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA)
Guidelines.
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
F. UNFINISHED BUSINESS
None.
G. NEW BUSINESS
12. Consideration of Adoption of Resolutions and Conduct First Reading of an Ordinance
Relating to the Establishment of a General Transactions and Use Tax at a Rate of Up to
1.00%
RECOMMENDATION:
Adopt the following:
1. ADOPT Resolution No. 2024-11, ordering the submission to the qualified electors of
the City of a certain measure relating to a transactions and use (sales) tax at the
consolidated General Municipal Election to be held on Tuesday, November 5, 2024,
as called by Resolution No. 2024-09; and
2. ADOPT Resolution No. 2024-12, setting priorities for filing written argument(s) and
directing t City Attorney to prepare an impartial analysis, regarding the Grand
Terrace General Services Measure; and
Agenda Grand Terrace City Council May 28, 2024
City of Grand Terrace Page 7
3. ADOPT Resolution No. 2024-13, providing for the filing of rebuttal arguments for the
Grand Terrace General Services Measure submitted at a General Municipal Election
on November 5, 2024; and
4. If the Resolutions above are adopted, then CONDUCT the first reading, by Title only,
of an Ordinance relating to the proposed general transactions and use tax measure.
DEPARTMENT: CITY ATTORNEY
13. An Amendment to the Agreement Between the City of Grand Terrace and Michael
Baker International - Housing Element Consultant Services for the 2021-2029 Planning
Period to Update the Safety Element and Local Hazard Mitigation Plan, and Adopt an
Environmental Justice Element as State Required Concurrent General Plan Updates
Associated with Obtaining an Adopted Housing Element for the 2021 -2029 Planning
Period.
RECOMMENDATION:
Adopt a Resolution to:
1. Approve an Amendment No. 2 to Professional Services Agreement Between the City
of Grand Terrace and Michael Baker International for Housing Element Consultant
Services for the 2021-2029 Housing Element Response to complete concurrent
General Plan Updates of the Safety Element, Local Hazard Mitigation Plan, and
Environmental Justice Element in the amount of $257,955.00, for a total not to
exceed contract amount of $335,315.00; and
2. Authorize the City Manager to Execute the Agreement subject to the City Attorney's
approval as to form; and
3. Authorize the appropriation of the General Fund in the amount of $257,955.00.
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
H. FUTURE AGENDA ITEMS
At this time, the City Council may propose items for discussion and/or action at a future
duly agendized City Council meeting. A consensus of a majority of the quorum is
required to place an item on a future agenda.
I. CITY COUNCIL COMMUNICATIONS
Council Member Michelle Sabino
Council Member Kenneth J. Henderson
Council Member Jeff Allen
Mayor Pro Tempore Doug Wilson
Mayor Bill Hussey
Agenda Grand Terrace City Council May 28, 2024
City of Grand Terrace Page 8
J. CITY MANAGER COMMUNICATIONS
K. CLOSED SESSION
None.
L. ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, June 11, 2024, at 6:00
PM. Any request to have an item placed on a future agenda must be made in writing
and submitted to the City Clerk’s office.
CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES ● APRIL 23, 2024
Council Chambers Special Meeting 4:30 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
CALL TO ORDER
Mayor Bill Hussey convened the Special Meeting of the City Council for Tuesday,
April 23, 2024, at 6:00 p.m.
Attendee Name Title Status Arrived
Bill Hussey Mayor Present
Doug Wilson Mayor Pro Tem Present
Jeff Allen Council Member Present
Kenneth J. Henderson Council Member Present
Konrad Bolowich City Manager Present
Adrian Guerra City Attorney Present
Debra Thomas City Clerk Present
Christine Clayton Finance Director Present
A. PUBLIC COMMENT
The following members of the public provided their written and oral support for City
Council applicant, Vincent Rasso
Lysandra Diaz
Damien Aldama
Casey Chang
Yolanda Rasso
Fernanda Del Rio
Samir Al-Alami
Carolina Cardenas
Mariah Ramirez
Andrea Terrones
Jazmin Guajardo
Diana Aguilar Cruz
Bernard De La Garza
Ulysses Mora
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Minutes Grand Terrace City Council April 23, 2024
City of Grand Terrace Page 2
Leilani Bautista
Graciela Moran
Tariq Azim
Marissa
Eric Calderon
Two (2) Unidentified Zoom Callers
The following members of the public provided their written and oral support for City
Council applicant, Michelle Sabino:
Priscilla Santillan
Nino Lopez
Johan Gallo
Ovi Popescu
Eric Stalter
Mary Heil
Jeff Benavidez
B. NEW BUSINESS
1. City Council Appointment to Fill Council Vacancy
Debra Thomas, City Clerk gave the staff report on this item.
City Clerk Thomas announced that the City Council directed staff to advertise the
vacancy on the City Council left by former Council Member Sylvia Rodriguez -Robles’
resignation. Based on that direction and advertising performed, staff received four (4)
applications.
City Clerk Thomas announced how the interview process will proceed: that the City
Council will choose the order of interview for each applicant and then will have the
applicants escorted to the Community Room to wait while each individual interview
proceeds.
Mayor Bill Hussey, Mayor Pro Tem Doug Wilson, Council Member Jeff Allen, and
Council Member Kenneth J. Henderson each pulled names from a bowl to set the order
of interviews as follows: Vincent Rasso, Ronald Perez, Ken Stewart, and Michelle
Sabino.
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Minutes Grand Terrace City Council April 23, 2024
City of Grand Terrace Page 3
The Mayor, Mayor Pro Tem, and each Council Member selected a question to ask each
applicant as follows:
Council Member Question Time Limit
Mayor Hussey Please provide an introductory statement
about yourself.
1 Minute
Council Member
Henderson
In what ways do you agree, or disagree,
with the Council’s existing 2030 Vision
Statement and 2014-2020 Strategic Plan?
2 Minutes
Council Member Allen You are applying for a position on the City
Council to represent the community, what
unique perspective will you be able to
bring to the Council?
2 Minutes
Mayor Pro Tem Wilson What previous job experience or skill set
do you have that you
2 Minutes
Mayor Hussey If appointed, do you plan to continue to
serve the city by running for City Council
and what have you done for the City of
Grand Terrace community before today’s
meeting?
2 Minutes
Mayor Hussey Please provide any additional information. 1 Minute
At this time, all applicants were escorted from the Council Chamber except for Applicant
Rasso who was interviewed first. The remaining applicants were interviewed in the
following order: Ron Perez, Ken Stewart, and Michelle Sabino. The applicants were all
asked the questions listed above and allowed the assigned time to provide their
responses.
Mayor Hussey expressed his appreciation to the applicants for their interest in serving
and how each applicant cares about the community enough to want to serve on the City
Council. Mayor Pro Tem Wilson, Council Member Robles, and Council Member Allen
also expressed their appreciation to the applicants.
Each member of the Council cast their ballot for the selection of one (1) appointee to the
City Council as follows:
Council Member Allen voted for: Vincent Rasso
Council Member Henderson voted for: Michelle Sabino
Mayor Pro Tem Wilson voted for: Ron Perez
Mayor Hussey voted for: Michelle Sabino
Mayor Hussey recessed the special meeting of the City Council at 6:00 p.m.
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Minutes Grand Terrace City Council April 23, 2024
City of Grand Terrace Page 4
Mayor Hussey reconvened the special meeting of the City Council at 6:05 p.m.
Adrian R. Guerra, City Attorney notified the City Council that due to the lack of a
majority vote, no applicant was officially selected to fill the vacancy.
A second vote was requested of the City Council to cast their ballot for selection of one
(1) appointee to the City Council, whereby the City Council voted as follows:
Council Member Allen voted for: Vincent Rasso
Council Member Henderson voted for: Michelle Sabino
Mayor Pro Tem Wilson voted for: Michelle Sabino
Mayor Hussey voted for: Michelle Sabino
SELECT CITY COUNCIL MEMBER APPLICANT, MICHELLE SABINO TO FILL THE
CITY COUNCIL VACANCY.
RESULT: APPROVED [3 TO 1]
AYES: Bill Hussey, Doug Wilson, Kenneth J. Henderson
NAYS: Jeff Allen
ADJOURN
The Next Regular City Council Meeting will be held on Tuesday, April 23, 2024, at
6:15 p.m.
_________________________________
Bill Hussey, Mayor
_________________________________
Debra L. Thomas, City Clerk
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CITY OF GRAND TERRACE
CITY COUNCIL
MINUTES ● APRIL 23, 2024
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1
CALL TO ORDER
Mayor Bill Hussey convened the Regular Meeting of the City Council for Tuesday,
April 23, 2024, at 6:12 p.m.
Invocation
The Invocation was given by Pastor Harold Cortés from Seventh Day Sabbath Church.
Pledge of Allegiance
The Pledge of Allegiance was led by Council Member Kenneth J. Henderson.
AB 2449 Disclosures
None.
Attendee Name Title Status Arrived
Bill Hussey Mayor Present
Doug Wilson Mayor Pro Tem Present
Jeff Allen Council Member Present
Kenneth J. Henderson Council Member Present
Konrad Bolowich City Manager Present
Adrian Guerra City Attorney Present
Debra Thomas City Clerk Present
Christine Clayton Finance Director Present
A. INSTALLATION OF OFFICER
Installation of Officer and Oath of Office to Appointed Official.
Debra Thomas, City Clerk swore in newly appointed Council Member Michelle Sabino
and gave Council Member Sabino the Oath of Office.
Mayor Hussey recessed the regular meeting of the City Council at 6:20 p.m.
Mayor Hussey reconvened the regular meeting of the City Council at 6:30 p.m.
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Minutes Grand Terrace City Council April 23, 2024
City of Grand Terrace Page 2
B. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA
None.
C. PUBLIC COMMENT
Israel Fuentes, Colton Joint Unified School Board Member and Clerk, newly elected
Chair for the Coalition for Tobacco Free San Bernardino County supports the local
youth and community members and their ongoing efforts to promote smoke free spaces
in the community. The City Council and community are invited to the next smoke -free
walk happening May 4, 2024, from 8:00am to 10:00am at Richard Rollins Park.
Bobbie Forbes, Grand Terrace is disappointed that the businesses along Barton Road
have neglected their weeds.
Juanita Odenbaugh, Grand Terrace expressed her concerns regarding a local business
in the area that she states is not in compliance with its land use permit and/or CUP. She
is requesting that the City assist her and have staff enforce the land use permit and
CUP for this business.
D. SPECIAL PRESENTATIONS
Dr. Frank Miranda, Superintendent of Colton Joint Unified School District presented a
PowerPoint presentation and accepted the Certificate of Recognition recognizing Grand
Terrace High School as a California Distinguished School.
Carol Williams, Representative for the 31st Annual Inland Empire Prayer Breakfast
accepted the National Day of Prayer Proclamation
E. CONSENT CALENDAR
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeff Allen, Council Member
SECONDER: Michelle Sabino, Council Member
AYES: Hussey, Wilson, Allen, Henderson, Sabino
1. Waive Full Reading of Ordinances on Agenda
2. Approval of Minutes – Regular Meeting – 04/09/2024
APPROVE THE REGULAR MEETING MINUTES FOR APRIL 9, 2024
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Minutes Grand Terrace City Council April 23, 2024
City of Grand Terrace Page 3
3. Implementation of Additional Video Surveillance Cameras in the Public Right -Of-Way
APPROVE PURCHASE ORDER FOR $84,000 WITH FLOCK SAFETY FOR THE
PURCHASE, INSTALLATION, AND SUBSCRIPTION OF VIDEO SURVEILLANCE
CAMERAS IN THE PUBLIC RIGHT-OF-WAY
4. Award of Contract to All League Fence Co. for Fence on Canal St. Between Newport
Ave & Mt. Vernon Ave
1. AWARD A CONSTRUCTION CONTRACT TO ALL LEAGUE FENCE CO. IN THE
AMOUNT OF $32,925.
2. AUTHORIZE CITY MANAGER TO EXECUTE THE CONTRACT AND ANY
NECESSARY CHANGE ORDERS FOR THIS PROJECT.
5. Accept and Approve a Memorandum of Understanding Between the City of Grand
Terrace and the Teamsters Local 1932 for the Period of May 1, 2024, through June 30,
2027
ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA ACCEPTING AND APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF GRAND TERRACE AND TEAMSTERS
LOCAL 1932, FOR THE PERIOD OF MAY 1, 2024, THROUGH JUNE 30, 2027
6. Annual Housing Element Progress Report for 2023
THAT THE CITY COUNCIL OF GRAND TERRACE, CALIFORNIA, ADOPT A
RESOLUTION RECEIVING AND FILING THE CITY OF GRAND TERRACE
GENERAL PLAN AND HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR
THE 2023 CALENDAR YEAR
F. PUBLIC HEARINGS - NONE
G. UNFINISHED BUSINESS - NONE
H. NEW BUSINESS
7. Future Agenda Items Request - Council Member Allen’s Discussion to Reconsider His
March 26, 2024, Second to Council Member Henderson’s Motion to Bring Back a Gaza,
Palestine Ceasefire Resolution
Konrad Bolowich, City Manager gave the staff report for this item.
CITY COUNCIL TO CONSIDER COUNCIL MEMBER ALLEN'S REQUEST TO
RECONSIDER HIS MARCH 26, 2024, SECOND TO COUNCIL MEMBER
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Minutes Grand Terrace City Council April 23, 2024
City of Grand Terrace Page 4
HENDERSON'S MOTION TO BRING BACK A GAZA, PALESTINE CEASEFIRE
RESOLUTION
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeff Allen, Council Member
SECONDER: Bill Hussey, Mayor
AYES: Hussey, Wilson, Allen, Henderson, Sabino
8. Future Agenda Items Request - Discussion on Whether to Bring Back to the City
Council a Gaza, Palestine Ceasefire Resolution
CITY COUNCIL TO CONSIDER WHETHER TO BRING BACK A GAZA, PALESTINE
CEASEFIRE RESOLUTION
RESULT: NOT DISCUSSED
9. Council Member Request Panhandling
Scott Hutter, Planning & Development Services Director gave the staff report for this
item.
PUBLIC COMMENT
Bobbie Forbes, Grand Terrace expressed her disappointment that more of the local
businesses did not put up the no panhandling signs that she collected from Lieutenant
Lane that she delivered to the businesses.
RECEIVE AND FILE
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Hussey, Mayor
SECONDER: Kenneth J. Henderson, Council Member
AYES: Hussey, Wilson, Allen, Henderson, Sabino
10. Future Agenda Items Request - Discussion on Whether to Bring Back an Ordinance
Adding Additional Enforcement to Street Racing and Street Takeovers
Konrad Bolowich, City Manager gave the staff report and PowerPoint presentation for
this item.
PUBLIC COMMENT
Bobbie Forbes, Grand Terrace encouraged the community to call the sheriff’s
department when they hear a large group of cars racing through the city.
D.3
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Minutes Grand Terrace City Council April 23, 2024
City of Grand Terrace Page 5
RECEIVE AND FILE
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Hussey, Mayor
SECONDER: Jeff Allen, Council Member
AYES: Hussey, Wilson, Allen, Henderson, Sabino
I. FUTURE AGENDA ITEMS
At this time, the City Council may propose items for discussion and/or action at a future
duly agendized City Council meeting. A consensus of a majority of the quorum is
required to place an item on a future agenda.
1. Motion: Council Member Allen requested that a Voter Education Session be made
available to the voters in the community Summer 2024
RESULT: ADOPTED [4 TO 1]
MOVER: Jeff Allen, Council Member
SECONDER: Bill Hussey, Mayor
AYES: Bill Hussey, Jeff Allen, Kenneth J. Henderson, Michelle Sabino
NAYS: Doug Wilson
J. CITY COUNCIL COMMUNICATIONS
Council Member Michelle Sabino
Nothing to report.
Council Member Kenneth J. Henderson
Council Member Henderson attended the following meetings and events:
· On Wednesday, April 10, 2024, he attended the Chamber of Commerce
Business of the Month presentation which honored the local business, Three
Bees Boutique.
· On Wednesday, April 10, 2024, he attended Advanced Auto Parts Grand
Opening.
· On Wednesday, April 17, 2024, through April 19, 2024, he attended the 2024
City Leaders Summit in Sacramento, California.
· On Sunday, April 21, 2024, he attended and participated in Christ the
Redeemer’s Car Show and Fundraiser.
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Minutes Grand Terrace City Council April 23, 2024
City of Grand Terrace Page 6
Council Member Jeff Allen
Council Member Allen attended the following meetings and events:
· On Wednesday, April 17, 2024, through April 19, 2024, he attended the 2024
City Leaders Summit in Sacramento, California.
· On Wednesday, April 10, 2024, he attended the Chamber of Commerce
Business of the Month presentation which honored the local business, Three
Bees Boutique.
· On Wednesday, April 10, 2024, he attended Advanced Auto Parts Grand
Opening.
Mayor Pro Tempore Doug Wilson
Nothing to report.
Mayor Bill Hussey
Mayor Hussey attended the following meetings and events:
· On Wednesday, April 17, 2024, through April 19, 2024, he attended the 2024
City Leaders Summit in Sacramento, California.
K. CITY MANAGER COMMUNICATIONS
City Manager Bolowich announced the following:
· The City’s pavement process is coming to close for this fiscal year and thanked
the residents for their patience.
· Southern California Edison is working throughout the city replacing poles and
cleaning up connectors which will result in street closures for the next few
months.
· On Saturday, May 11, 2024, the Historical & Cultural Activities Committee will be
hosting its annual art show at City Hall.
· On Saturday, May 28, 2024, the Blue Mountain Festival and Parade will be held
and everyone is welcome.
· On Tuesday, April 23, 2024, Wilden Pump and its staff participated in planting
trees for Earth Day.
L. CLOSED SESSION - NONE
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Minutes Grand Terrace City Council April 23, 2024
City of Grand Terrace Page 7
M. ADJOURN
Mayor Hussey adjourned the Regular Meeting of the City Council at 7:30 p.m. The Next
Regular City Council Meeting will be held on Tuesday, May 28, 2024, at 6:00 p.m.
________________________________ ________________________________
Bill Hussey, Mayor Debra L. Thomas, City Clerk
D.3
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AGENDA REPORT
MEETING DATE: May 28, 2024 Council Item
TITLE: Resolutions Calling & Giving Notice of a General Municipal
Election on November 5, 2024, and Requesting
Consolidation of the Municipal Election with the State -Wide
General Election on November 5, 2024 and Establishing
Candidate Statement Regulations
PRESENTED BY: Debra Thomas, City Clerk
RECOMMENDATION: Adopt the following Resolutions:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GRAND TERRACE, CALIFORNIA, CALLING AND
GIVING NOTICE OF THE HOLDING OF A GENERAL
MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 5,
2024, FOR THE ELECTION OF CERTAIN OFFICERS
AND REQUESTING THE BOARD OF SUPERVISORS OF
THE COUNTY OF SAN BERNARDINO TO CONSOLIDATE
THE GENERAL MUNICIPAL ELECTION WITH THE
STATEWIDE GENERAL ELECTION TO BE HELD ON THE
SAME DATE PURSUANT TO ELECTIONS CODE
SECTION 10403 RELATING TO GENERAL LAW CITIES
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GRAND TERRACE, CALIFORNIA,
ESTABLISHING REGULATIONS FOR CANDIDATES FOR
ELECTIVE OFFICE PERTAINING TO CANDIDATE
STATEMENTS SUBMITTED TO THE VOTERS AT AN
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5,
2024
2030 VISION STATEMENT:
This staff report supports our Core Value of Open and Inclusive Government.
BACKGROUND:
In an effort to conduct municipal elections in an efficient and cost -effective manner while
complying with all state regulations pertaining to municipal elections, the San
Bernardino County Registrar of Voters has conducted the City’s General Municipal
Elections since incorporation. In order to request the services of the San Bernardino
County Registrar of Voters Office for the upcoming November 5, 2024, General
Municipal Election, the City Council must adopt resolutions calling and giving notice,
D.4
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requesting the County services, and setting regulations for candidate statements.
DISCUSSION:
On November 5, 2024, the City of Grand Terrace will hold its General Municipal Election
to elect three (3) Council Members for a full term of four years. The nomination period
begins on July 15, 2024, and will close on August 9, 2024. Only candidates wishing to
submit a candidate statement will be required to pay a deposit of $700.00 to cover the
cost of printing the statement in the sample ballots provided. As indicated earlier in the
staff report, the City Council is required to adopt a resolution requesting the
consolidation/services of the County Registrar of Voters for the November 5, 2024,
Election. The adopted Resolutions need to be submitted to the County no later than
June 17, 2024.
The Resolution calling and giving notice of a General Municipal Election on Tuesday,
November 5, 2024, for the election of certain officers and requesting the Board of
Supervisors of the County of San Bernardino to consolidate the General Municipal
Election with the Statewide General Election to be held pursuant to Elections Code
Section 10403 relating to General Law Cities is attached for your consideration as well
as the Resolution establishing regulations for candidates for elective office pertaining to
candidate statements submitted to the voters at an election to be held on Tuesday,
November 5, 2024.
FISCAL IMPACT:
The County of San Bernardino Registrar of Voters has estimated the cost for services
provided to the City of Grand Terrace for the November 5, 2024, General Municipal
Election in the amount of approximately $1 5,000.00 if the City submits a ballot measure
with the General Municipal Election to elect three (3) Council Members. Sufficient funds
have been included in the proposed FY 202 4-2025 budget.
ATTACHMENTS:
• 2024-09 - Calling Election 11-05-2024 (DOCX)
• 2024-10 - Candidate Statements 11-05-2024 (DOCX)
APPROVALS:
Debra Thomas Completed 05/21/2024 10:56 AM
City Manager Completed 05/21/2024 11:01 AM
City Council Pending 05/28/2024 6:00 PM
D.4
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CC Reso No. 2024-xx Page 1 of 3 May 28, 2028
RESOLUTION NO. 2024-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE, CALIFORNIA, CALLING AND GIVING
NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL
ELECTION ON TUESDAY, NOVEMBER 5, 2024, FOR THE
ELECTION OF CERTAIN OFFICERS AND REQUESTING THE
BOARD OF SUPERVISORS OF THE COUNTY OF SAN
BERNARDINO TO CONSOLIDATE THE GENERAL
MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD ON THE SAME DATE PURSUANT
TO ELECTIONS CODE SECTION 10403 RELATING TO
GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the
State of California, a Regular Municipal Election shall be held on November 5, 2024, for
the election of municipal officers; and
WHEREAS, it is desirable that the General Municipal Election be consolidated
with the Statewide General Election to be held on the same date and that within the city,
the precincts, polling places and election officers of the two elections be the same, and
that the county election department of the County of San Bernardino canvass the
returns of the General Municipal Election and that the election be held on all respects as
if there were only one election; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER
AS FOLLOWS:
SECTION 1. Pursuant to the requirements of the laws of the State of California
relating to General Law cities, there is called and ordered to be held in the City of Grand
Terrace, California, on Tuesday, November 5, 2024, a General Municipal Election for
the purpose of electing three (3) Council Members for a full term of four (4) years.
SECTION 2. The ballots to be used at the election shall be in the form and
content as required by the law.
SECTION 3. The City Clerk is authorized, instructed and directed to procure and
furnish any and all official ballots, notices, printed matter and all supplies, equipment
and paraphernalia that may be necessary in order to properly and lawfully conduct the
election.
D.4.a
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SECTION 4. The polls for the election shall be open at seven o’clock a.m. the
day of the election and shall remain open continuously from that time until eight o’clock
p.m. of the same day when the polls shall be closed, except as provided in Section
14401 of the Elections Code.
SECTION 5. That pursuant to the requirements of Section 10403 of the Elections
Code, the Board of Supervisors of the County of San Bernardino is hereby requested to
consent and agree to the consolidation of a General Municipal Election with the
Statewide General Election on Tuesday, November 5, 2024, for the purpose of the
election of three (3) Council Members for a full term of four (4) years.
SECTION 6. In all particulars not recited in this Resolution, the election shall be
held and conducted as provided by law for holding municipal elections consolidated with
Statewide General Election, including, but not limited to, Section 10418 of the Elections
Code, and one form of ballot shall be used.
SECTION 7. The County Registrar of Voters is authorized to canvass the returns
of the General Municipal Election. The election shall be held in all respects as if there
were only one election.
SECTION 8. The Board of Supervisors is requested to issue instructions to the
County Registrar of Voters to take any and all steps necessary for the holding of the
consolidated election.
SECTION 9. The City of Grand Terrace recognizes that additional costs will be
incurred by the County by reason of this consolidation and agrees to reimburse the
County for any costs.
SECTION 10. Notice of the time and place of holding the election is given and
the City Clerk is authorized, instructed and directed to give further or additional notice of
the election, in time, form and manner as required by law. Notwithstanding the generality
of the foregoing, the City Clerk is hereby instructed to act in conformance with California
Elections Code Section 10403 and to file this Resolution with the Board of Supervisors
of San Bernardino County and to transmit a copy of the same to the San Bernardino
County elections official.
SECTION 11. The City Clerk shall certify the adoption of this Resolution and
enter it into the Book of Resolutions.
SECTION 12. The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
SECTION 13. If any section, subsection, sentence, clause, or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
D.4.a
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subsection, sentence, clause, or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, or phrases be declared invalid or
unconstitutional.
SECTION 14. The City Council finds the adoption of this resolution is not subject
to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2)
(the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6,
Chapter 3, because it has no potential for resulting in physical change to the environment,
directly or indirectly.
SECTION 15. This Resolution shall take effect immediately upon adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand
Terrace at a regular meeting held on the 28th day of May 2024.
___________________________
Bill Hussey
Mayor
ATTEST:
Debra L. Thomas
City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra
City Attorney
D.4.a
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CC Reso No. 2024-xx Page 1 of 3 May 28, 2024
RESOLUTION NO. 2024-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, ESTABLISHING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024
WHEREAS, Section 13307 of the Elections Code of the State of California
provides that the governing body of any local agency adopt regulations pertaining
to materials prepared by any candidate for a municipal election, including costs of
the candidate’s statement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER
AS FOLLOWS:
SECTION 1. That pursuant to Section 13307 of the Elections Code of the State
of California, each candidate for elective office to be voted for at an Election to be
held in the City of Grand Terrace on November 5, 2024, may prepare a candidate’s
statement on an appropriate form provided by the City Clerk. The statement may include
the name, age and occupation of the candidate and a brief description of no more than
200 words of the candidate’s education and qualifications expressed by the candidate
himself or herself. The statement shall not include party affiliation of the candidate,
nor membership or activity in partisan political organizations. The statement shall be
filed (in typewritten form) in the office of the City Clerk at the time the candidate’s
nomination papers are filed. The statement may be withdrawn but not changed, during
the period for filing nomination papers and until 5:00 p.m. of the next working day
after the close of nomination period.
SECTION 2. The following provisions shall govern foreign languages as to
candidate statements and voter information guides:
a. Pursuant to the Federal Voting Rights Act, candidate’s statements will be
translated into all languages required by the County of San Bernardino. The
County is required to translate candidate statements into the following
language in addition to English: Spanish
b. The County will print and mail voter information guides and candidate’s
statement to all voters in English and Spanish.
SECTION 3. The following provisions shall govern payment relating to candidate
statements:
a. The candidate shall be required to pay for the cost of translating the candidate’s
statement into any required foreign language as specified in (a) and/or (b) of
Section 2 above pursuant to Federal and/or State Law.
D.4.b
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b. The candidate shall be required to pay for the cost of printing the candidate’s
statement in English and Spanish.
c. The City Clerk shall estimate the total cost of printing, handling, translating,
and mailing the candidate’s statement filed pursuant to this section, including
costs incurred as a result of complying with the Voting Rights Act of 1965
(as amended), and require each candidate filing a statement to pay in
advance to the local agency his pro rata share as a condition of having his or
her statement included in their voter’s pamphlet. In the event the estimated
payment is required, the estimate is just an approximation of the actual cost
that varies from one election to another election and may be significantly more
or less than the estimate, depending on the actual number of candidates
filing statements. Accordingly, the clerk is not bound by the estimate and may,
on the pro rata basis, bill the candidate for additional actual expense or refund
any excess paid depending on the final actual cost. In the event of
underpayment, the clerk may require the candidate to pay the balance of the
cost incurred. In the event of overpayment, the clerk shall prorate the
excess amount among the candidates and refund the excess amount paid
within 30 days of the election.
SECTION 4. No Candidate will be permitted to include additional materials in the
voter information guide.
SECTION 5. The City Clerk shall provide each candidate or the candidate’s
representative a copy of this Resolution at the time nominating petitions are issued.
SECTION 6. All previous Resolutions establishing Council policy on payment
for candidate’s statements are repealed.
SECTION 7. This Resolution shall apply only to the election to be held on
Tuesday, November 5, 2024, and shall then be repealed.
SECTION 8. The City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the Book of Resolutions.
SECTION 9. The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
SECTION 10. If any section, subsection, sentence, clause, or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause, or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, or phrases be declared invalid or
unconstitutional.
D.4.b
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SECTION 11. The City Council finds the adoption of this resolution is not subject
to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2)
(the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6,
Chapter 3, because it has no potential for resulting in physical change to the environment,
directly or indirectly.
SECTION 12. This resolution shall take effect immediately upon adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand
Terrace at a regular meeting held on the 28th day of May 2024.
___________________________
Bill Hussey,
Mayor
ATTEST:
Debra L. Thomas
City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra
City Attorney
D.4.b
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AGENDA REPORT
MEETING DATE: May 28, 2024 Council Item
TITLE: Setting Public Hearing for 2024-25 Landscape & Lighting
Assessment District 89-1 for July 23, 2024 at 6:00 P.M. or
Soon Thereafter as Feasible
PRESENTED BY: Shanita Tillman, Senior Management Analyst
RECOMMENDATION: 1. SET PUBLIC HEARING FOR JULY 23, 2024, AT
6:00 P.M. OR SOON THEREAFTER AS FEASIBLE
2. Adopt A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF GRAND TERRACE, CALIFORNIA,
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT
OF 1972, INITIATING PROCEEDINGS TO LEVY AND
INCREASE (AS PREVIOUSLY AUTHORIZED BY
PROPERTY OWNERS) ANNUAL ASSESSMENTS FOR
THE 2024-25 FISCAL YEAR FOR THE CITY OF GRAND
TERRACE LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT NO. 89-1 AND ORDERING THE
ENGINEER TO BE PREPARED AND FILE A REPORT IN
ACCORDANCE WITH ARTICLE IV OF CHAPTER 1 OF
SAID ACT; and
3. Adopt A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF GRAND TERRACE, CALIFORNIA, GIVING
PRELIMINARY APPROVAL OF THE ENGINEERS
REPORT FOR LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT NO. 89-1, AND THE LEVY,
INCREASE (AS PREVIOUSLY AUTHORIZED BY
PROPERTY OWNERS), AND COLLECTION OF ANNUAL
ASSESSMENTS RELATED THERETO FOR FISCAL YEAR
2024-25; and
4. Adopt A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF GRAND TERRACE, CALIFORNIA, SETTING
AND DECLARING ITS INTENTION TO CONDUCT A
PUBLIC HEARING FOR JULY 23, 2024, at 6:00 P.M. OR
SOON THEREAFTER AS FEASIBLE, ON LANDSCAPING
AND LIGHTING ASSESSMENT DISTRICT NO. 89-1, AND
INTENTION TO LEVY, INCREASE (AS PREVIOUSLY
AUTHORIZED BY PROPERTY OWNERS), AND COLLECT
ANNUAL ASSESSMENTS RELATED THERETO FOR
FISCAL YEAR 2024-25
2030 VISION STATEMENT:
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This staff report supports Goal #1 to “Ensure our Fiscal Viability by ensuring appropriate
cost recovery for services.”
BACKGROUND:
In 1989, the City Council mandated developers of Tract 13364 to establish Assessment
District 89-1 for maintaining landscaping and lighting as per approval conditions. Later,
two additional developments, Tracts 14264 and 14471, were annexed into Assessment
District 89-1. To ensure future developments' sustainability, all future developments
were recommended for annexation into the District. Subsequently, the following
amendments occurred:
• Greenbriar on Mt. Vernon Avenue (Tract 17766) was annexed in 2016 as
Annexation No. 2.
• Aegis Builders development on Pico Street (Tract 18793) was annexed in 2016
as Annexation No. 3.
• Crestwood Development Project on Jaden Court (Tract 18071) was annexed as
Annexation No. 4 in 2018.
• Aegis-Van Buren Housing development on Tesoro Court/Van Buren (Tract
18604) was annexed as Annexation No. 5 in 2019.
Each tract is a zone within the Assessment District, totaling seven zones with
established assessments approved by Council.
DISCUSSION:
An annual Engineer’s Report is prepared and considered by the City Council for levying
annual assessments. Assessments are made similarly to property taxes and cover
operation and maintenance costs for each zone. Zones 1 -3 were established before
Proposition 218, hence are not annually increased beyond the rate in effect pre -
Proposition 218. Changing these assessments would require a Proposition 218 vote.
For Fiscal Year 2024-25, staff proposed a maximum assessment increase of 6.6%. The
proposed assessment rates per parcel for Zones 4, 5, 6, and 7 are $220.26, $690.87,
$1,986.94, and $439.28, respectively. Council may approve an assessment amount of
4.65% to 6.65%.
Servicing and administration of the City’s landscape maintenance program follow the
provisions of the Landscaping and Lighting Act of 1972.
FISCAL IMPACT:
The estimated fiscal impact to maintain the Assessment District is $74,428.80, mostly
reimbursed through property tax collections by the County of San Bernardino for each
parcel. The General Fund will account for $7,276.76.
ATTACHMENTS:
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• 1. Tract Maps Zone 1-7 (PDF)
• 2. Resolution- Initiating Proceedings (DOCX)
• 3. Engineer's Report (PDF)
• 4. Resolution - Preliminarily Approving Engineer's Report (DOCX)
• 5. Resolution- Intention (to publish) (DOCX)
APPROVALS:
Shanita Tillman Completed 05/20/2024 12:59 PM
Finance Skipped 05/20/2024 2:44 PM
City Manager Completed 05/21/2024 10:44 AM
Christine Clayton Skipped 05/21/2024 10:57 AM
City Council Pending 05/28/2024 6:00 PM
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2021/2022 City of Grand Terrace - L&L AD No. 89-1 Page 22
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2021/2022 City of Grand Terrace - L&L AD No. 89-1 Page 24
CITY OF GRAND TERRACE
LANDSCAPE AND LIGHTING ASSESMENT DISTRICT
ZONE 4
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2021/2022 City of Grand Terrace - L&L AD No. 89-1 Page 25
CITY OF GRAND TERRACE
LANDSCAPE AND LIGHTING ASSESMENT DISTRICT
ZONE 5
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2021/2022 City of Grand Terrace - L&L AD No. 89-1 Page 26
CITY OF GRAND TERRACE
LANDSCAPE AND LIGHTING ASSESMENT DISTRICT
Zone 6
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CITY OF GRAND TERRACE
LANDSCAPE AND LIGHTING ASSESMENT DISTRICT
ZONE 7
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RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, PURSUANT TO THE LANDSCAPING AND
LIGHTING ACT OF 1972, INITIATING PROCEEDINGS TO LEVY
ANNUAL ASSESSMENTS FOR THE 2024-2025 FISCAL YEAR FOR THE
CITY OF GRAND TERRACE LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT NO. 89-1 AND ORDERING THE ENGINEER
TO PREPARE AND FILE A REPORT IN ACCORDANCE WITH ARTICLE
IV OF CHAPTER 1 OF SAID ACT
WHEREAS, the City Council has, by previous Resolutions, formed the City of Grand
Terrace LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1 (hereafter
referred to as “District”) pursuant to the provisions of the Landscaping and Lighting Act of
1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning
with Section 22500 (hereafter referred to as the “Act”), in which annual assessments have
been levied and collected in past fiscal years; and
WHEREAS, said Act requires that proceedings for the levy of assessments shall be
initiated by resolution describing any proposed new improvements or any substantial
changes in existing improvements in accordance with Chapter 3 (commencing with
Section 22620) of Part 2 of Division 15 of the Streets and Highway Code of the State of
California, and ordering the engineer to prepare and file a report in accordance with Article
4 of Chapter 1 of said Act.
WHEREAS, the CITY COUNCIL of the CITY OF GRAND TERRACE, CALIFORNIA,
desires to initiate proceedings for the annual levy of assessments for the District pursuant
to the terms and provisions of the "Landscaping and Street Lighting Act of 1972," being
Division 15, Part 2 of the Streets and Highways Code of the State of California.
WHEREAS, the proceedings for the annual levy of assessments shall relate to the fiscal
year commencing July 1, 2024, and ending June 30, 2025; and,
WHEREAS, the provisions of said Division 15, Part 2 require a written "Report," consisting
of the following:
1. Plans and specifications of the area of the works of improvement to be maintained;
2. An estimate of the costs for maintaining the improv ements for the above referenced
fiscal year;
3. A diagram of the area proposed to be assessed;
4. An assessment of the estimated costs for maintenance work for said fiscal year.
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grand Terrace
does hereby resolve, determine and order as follows:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the proposed maintenance work within the area proposed to be
assessed shall be for certain street lighting and landscaping improvements, as said
maintenance work is set forth in the "Report" to be presented to this City Council for
consideration.
SECTION 3. That Shanita Tillman, Management Analyst, or his designee, is hereby
ordered to prepare and file with this City Council, a "Report" relating to said annual
assessment and levy in accordance with the provisions of Article IV, commencing with
Section 22565 of Chapter 1 of the Streets and Highways Code of the State of California.
SECTION 4. That upon completion, said "Report" shall be filed with the City Clerk, who
shall then submit the same to this City Council for its consideration pursuant to Sections
22623 and 22624 of said Streets and Highways Code.
PASSED, APPROVED AND ADOPTED this 28th day of May, 2024, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
__________________________ __________________________
Debra L. Thomas Bill Hussey
City Clerk, City of Grand Terrace Mayor, City of Grand Terrace
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF GRAND TERRACE )
I, __________________, City Clerk of the CITY OF GRAND TERRACE,
CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution
No. 2024- ________ was duly passed, approved and adopted by the City Council,
approved and signed by the Mayor, and attested by the City Clerk, all at the regular
meeting of said City Council held on the 28th day of May 2024, and that the same was
passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
EXECUTED this 28th day of May 2024, at Grand Terrace, California.
_________________________________
Debra L. Thomas
City Clerk for the City of Grand Terrace
[SEAL]
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City of Grand Terrace
Landscaping and Lighting
Assessment District No. 89-1
2024/2025 ENGINEER’S REPORT
Intent Meeting: May 28, 2024
Public Hearing: July 23, 2024
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com
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ENGINEER'S REPORT AFFIDAVIT
Establishment of Annual Assessments for the:
Landscaping and Lighting Assessment District No. 89-1
City of Grand Terrace,
County of San Bernardino, State of California
This Report describes the improvements, budgets, parcels and assessments to be levied for
Fiscal Year 2024/2025. Reference is hereby made to the San Bernardino County Assessor’s
maps for a detailed description of the lines and dimensions of the parcels within the District.
The undersigned respectfully submits the enclosed Report as directed by the City Council.
Dated this ____________ day of ______________, 2024.
Willdan Financial Services
Assessment Engineer
On Behalf of the City of Grand Terrace
By: ________________________________
Chonney Gano, Project Manager
District Administration Services
By: ________________________________
Tyrone Peter
P. E. # C 81888
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TABLE OF CONTENTS
INTRODUCTION ............................................................................................................. 1
Section I. PLANS AND SPECIFICATIONS ................................................................ 3
Improvements Authorized by the 1972 Act .............................................................. 3
District Plans and Specifications .............................................................................. 4
Section II. METHOD OF APPORTIONMENT ............................................................... 8
Proposition 218 Benefit Analysis ............................................................................. 9
Benefit Analysis ......................................................................................................... 9
Assessment Methodology ....................................................................................... 11
Assessment Range Formula ................................................................................... 11
Section III. ESTIMATE OF IMPROVEMENT COSTS .................................................. 13
Section IV. ASSESSMENT DIAGRAMS ..................................................................... 21
Section V. ASSESSMENT ROLL ............................................................................... 28
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2024/2025 City of Grand Terrace - L&L AD No. 89-1 Page 1
INTRODUCTION
The City Council of the City of Grand Terrace (the “City”) adopted its General Plan with
various elements to provide guidelines for orderly development within the community.
The City Council further adopted ordinances and regulations governing the development
of land providing for the installation and construction of certain landscaping, lighting and
appurtenant facilities to enhance the quality of life and to benefit the value of property.
The requirement for the construction and installation of landscaping, lighting and
appurtenant facilities is a condition of approval for development and is a requirement of
issuance of a permit for the construction of any residential, commercial, industria l and
planned unit development. The installation of landscaping and lighting systems and the
construction of the necessary appurtenant facilities is the responsibility of the property
owner/applicant, as conditions of approval of a development application . The City may
cause the installation by property owners directly or accept financial arrangements for
installation of these facilities. The cost of servicing, operation, maintenance, repair and
replacement of the landscaping, lighting and appurtenant facilities in turn becomes the
responsibility of the benefiting properties.
The owners/applicants petitioned for formation of the Landscaping Lighting Assessment
District and/or annexation. These have been completed and will increase the City’s
obligation for maintenance and servicing.
The City is administering a lighting system for the benefit of all parcels of land within the
City. The lighting benefit is directly related to public safety and property protection. These
benefits have been studied widely, locally, regionally and nationally.
The City formed Landscaping and Lighting Assessment District 89 -1 (the “District”) in
1989 and subsequently annexed other parcels as Annexation No. 1 , Annexation No. 2
Annexation No. 3, Annexation No. 4, and Annexation No. 5 to said District to ensure a fair
and equitable levying of the necessary costs of servicing and maintenance of the
respective facilities, which in turn will enhance the value of each parcel in the District
directly and collectively.
The boundaries of the District, which include Annexations 1, 2, 3, 4, and 5 are the
boundaries of Zone 1 - Tract 13364 filed in Map Book 203, Pages 89 through 92, Records
of San Bernardino County (the “County”). The boundaries of Zone 2 - Tract 14264 and
Zone 3 – Tract 14471 filed in Map Book 242, Pages 17 and 18, Zone 4 – Tract 17766
filed in Map Book 237, Pages 41 and 42, and Zone 5 – Tract 18793 filed in Map Book
115, Pages 81-82. The boundaries of Zone 6 – Tract 18071 and Zone 7 –18604 filed in
Map Book 1178 Page 18 and Map Book 1167 Page 34, respectively, of the County.
Servicing and administration of the City’s landscape maintenance program shall be
according to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division
15 of the Streets and Highways Code of the State of California (the “1972 Act”).
Payment for the assessment for each parcel will be made in the same manner and at the
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same time as payments are made for property taxes for each property.
The proceedings will be conducted under the 1972 Act Sections 22500 through 22679.
This Engineer’s Report (the “Report”) is presented for the purpose of levy of annual
assessment to the above-described properties for the purpose of maintaining the lighting
and landscaping during the Fiscal Year 2024/2025.
This Report contains the necessary data required to conduct the proceedings and is
submitted to the Clerk of the City for filing.
The word “parcel,” for the purposes of this Report, refers to an individual property
assigned its own Assessor’s Parcel Number (“APN”) by the San Bernardino County (the
“County”) Assessor’s Office. The County Auditor/Controller uses Assessor’s Parcel
Numbers and a dedicated fund number established for the District to identify properties
to be assessed on the tax roll and the allocation of the funds collected.
This Report consists of the following sections:
Section I
Plans and Specifications: Description of the District's improvements are filed herewith
and made a part hereof. Said plans and specifications are on file in the Office of the City
Clerk.
Section II
Method of Apportionment: A discussion of the general and special benefits associated
with the overall landscaping street lighting improvements provided within the District
(Proposition 218 Benefit Analysis). This section also includes a determination of the
proportional costs of the special benefits and a separation of costs considered to be of
general benefit (and therefore not assessed). This section of the Report also outlines the
method of calculating each property’s proportional special benefit.
Section III
Estimate of Improvement Costs: An estimate of the cost of the proposed
improvements, including incidental costs and expenses in connection therewith, is as set
forth on the lists thereof, attached hereto, and are on file in the Office of the City Clerk.
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Section IV
Assessment Diagrams: A diagram showing the boundaries of the District is provided in
this Report and includes all parcels that receive special benefits from the improvements.
Parcel identification, the lines and dimensions of each lot, parcel and subdivision of land
within the District, are inclusive of all parcels as shown on the County Assessor's Parcel
Maps as they existed at the time this Report was prepared and shall include all
subsequent subdivisions, lot-line adjustments or parcel changes therein. Reference is
hereby made to the County Assessor’s maps for a detailed description of the lines and
dimensions of each lot and parcel of land within the District.
Section V
Assessment Roll: A listing of the proposed assessment amount for each parcel within
the District. The proposed assessment amount for each parcel is based on the parcel’s
calculated proportional special benefit as outlined in the method of apportionment and
proposed assessment rate established in the District Budget. These assessment amounts
represent the assessments proposed to be levied and collected on the County Tax Rolls
for Fiscal Year 2024/2025.
Section I. PLANS AND SPECIFICATIONS
Improvements Authorized by the 1972 Act
As applicable or may be applicable to this District, the 1972 Act defines improvements to
mean one or any combination of the following:
• The installation or planting of landscaping.
• The installation or construction of statuary, fountains, and other ornamental
structures and facilities.
• The installation or construction of public lighting facilities.
• The installation or construction of any facilities which are appurtenant to any
of the foregoing, or which are necessary or convenient for the maintenance
or servicing thereof, including, but not limited to, grading, clearing, removal
of debris, the installation or construction of curbs, gutters, walls, sidewalks,
or paving, or water, irrigation, drainage, or electrical facilities.
• The maintenance or servicing, or both, of any of the foregoing.
• The acquisition of any existing improvement otherwise authorized pursuant
to this section.
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Incidental expenses associated with the improvements including, but not limited to:
• The cost of preparation of the Report, including plans, specifications,
estimates, diagram, and assessment;
• The costs of printing, advertising, and the publishing, posting, and mailing
of notices;
• Compensation payable to the County for collection of assessments;
• Compensation of any engineer or attorney employed to render services;
• Any other expenses incidental to the construction, installation, or
maintenance and servicing of the improvements;
• Any expenses incidental to the issuance of bonds or notes pursuant to
Section 22662.5.
• Costs associated with any elections held for the approval of a new or
increased assessment.
The 1972 Act defines "maintain" or "maintenance" to mean furnishing of services and
materials for the ordinary and usual maintenance, operation, and servicing of any
improvement, including:
• Repair, removal, or replacement of all or any part of any improvement.
• Providing for the life, growth, health, and beauty of landscaping, including
cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease
or injury.
• The removal of trimmings, rubbish, debris, and other solid waste.
• The cleaning, sandblasting, and painting of walls and other improvements
to remove or cover graffiti.
District Plans and Specifications
The District provides the necessary funding source for the annual maintenance, operation
and servicing of the improvements that have been constructed and installed for the benefit
of properties within the District.
Landscaping and appurtenant facilities generally include trees, shrubs, plants, turf,
irrigation systems, and necessary appurtenances including curbs, hardscape,
monumentations, fencing located in public right -of-ways, medians, parkways, and/or
easements adjacent to public right-of-ways, in and along public thoroughfares and certain
designated primary and secondary arterials.
Lighting and appurtenant facilities includes poles, lighting fixtures, conduits, and the
necessary equipment to maintain, operate and replace a lighting system at designated
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intersections, in medians, parkways and adjacent to certain public facilities in and along
certain streets, right-of-ways and designated lots.
The installation of planting, landscaping, irrigation systems, lighting and the construction
of appurtenant facilities to be operated, serviced and maintained, is more specifically
described herein whereas, the landscaping and lighting facilities have been or will be
provided by developers as a condition of subdivision of land, on part of the Conditional
Use review and approval process.
A. ZONES OF BENEFIT
In an effort to ensure an appropriate allocation of the estimated annual cost to provide the
District improvements based on proportional special benefits, this District is established
with benefit zones (“Zones”) as authorized pursuant to Chapter 1 Article 4, Section 22574
of the 1972 Act:
“The diagram and assessment may classify various areas within an assessment
district into different zones where, by reason of variations in the nature, location, and
extent of the improvements, the various areas will receive differing degrees of benefit
from the improvements. A zone shall consist of all territory which will receive
substantially the same degree of benefit from the improvements.”
The parcels, lots, subdivisions and developments within the District are identified and
grouped into one of seven (7) Zones. Each Zone reflects the landscape improvements
associated with the development of properties in that Zone, to fairly and equitably
apportion the net cost of providing those improvements to the properties that receive
special benefits from the service and activities associated with those improvements. All
of the parcels in the District are identified as single-family residential properties within
three residential developments. These residential developments have been grouped into
seven different Zones that reflect each specific budget and improvements for that
particular Zone. By establishing and utilizing a Zone structure, similar properties with
similar types of improvements will be assessed a proportional amount for the services
and activities provided by the District within each respective Zone.
The improvements are the operation, maintenance and servicing of landscaping, lighting
and appurtenant facilities described as follows:
Zone 1 - Tract 13364
(a) Landscaping
Landscaping, planting, shrubbery, trees, turf, irrigation systems,
monuments, hardscapes, walls, fencing and appurtenant facilities in public
right-of-ways and easements within the proposed boundary of the District.
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(b) Lighting
Poles, fixtures, bulbs, conduits, equipment posts and pedestals, metering
devices and appurtenant facilities as required to provide lighting in public
right-of-ways and easements within the proposed boundaries of the District.
A total of 5 streetlights are included in the boundaries of this development.
Zone 2 - Tract 14264
(a) Lighting
Poles, fixtures, bulbs, conduits, equipment, posts, pedestals, metering
devices and appurtenant facilities as required to provide lighting in public
right-of-ways and easements within the proposed boundaries of the District.
A total of 7 streetlights are included in the boundaries of this development.
Zone 3 - Tract 14471
(a) Landscaping
Landscaping, planting shrubbery, trees, and vines with Lot “A” of said Tract
14471, along with irrigation system for the improvements within Lot “A”.
(b) Lighting
Poles, fixtures, conduits, equipment, posts, pedestals, metering devices
and appurtenant facilities as required to provide lighting in public right -of-
ways and easements within the boundaries of the District. A total of 6
streetlights are maintained within the boundaries of this development.
Zone 4 – Tract 17766
(a) Landscaping
Landscaping, planting, shrubbery, trees, turf, irrigation systems,
monuments, hardscapes, walls, fencing and appurtenant facilities in public
right-of-ways and easements within the proposed boundary of the District.
(b) Lighting
Poles, fixtures, bulbs, conduits, equipment posts and pedestals, metering
devices and appurtenant facilities as required to provide lighting in public
right-of-ways and easements within the proposed boundaries of the District.
A total of 1 streetlight is included in the boundaries of this development.
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Zone 5 – Tract 18793
(a) Landscaping
Landscaping, planting, shrubbery, trees, turf, irrigation systems,
monuments, hardscapes, walls, fencing and appurtenant facilities in public
right-of-ways and easements within the proposed boundary of the District.
(b) Lighting
Poles, fixtures, bulbs, conduits, equipment posts and pedestals, metering
devices and appurtenant facilities as required to provide lighting in public
right-of-ways and easements within the proposed boundaries of the District.
A total of 5 streetlights are included in the boundaries of this development.
Zone 6 – Tract 18071
(a) Landscaping
Landscaping, planting, shrubbery, trees, turf, irrigation systems,
monuments, hardscapes, walls, fencing and appurtenant facilities in public
right-of-ways and easements within the proposed boundary of the District.
Additionally, the District will include the maintenance of a water quality
basin, designed for storm water runoff purposes.
(b) Lighting
Poles, fixtures, bulbs, conduits, equipment posts and pedestals, metering
devices and appurtenant facilities as required to provide lighting in public
right-of-ways and easements within the proposed boundaries of the District.
A total of 4 streetlights are included in the boundaries of this development.
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Zone 7 – Tract 18604
(a) Landscaping
Landscaping, planting, shrubbery, trees, turf, irrigation systems,
monuments, hardscapes, walls, fencing and appurtenant facilities in public
right-of-ways and easements within the proposed boundary of the District.
Additionally, the District will include graffiti removal on the block wall along
the east side of the Gage Canal within the western boundary of the tract,
streetlights, and street trees along Tesoro Court and Van Buren Street. Lot
“B” of said tract is designated as a retention basin and will be maintained as
a dual-purpose basin, for retaining water and for a small playground.
(b) Lighting
Poles, fixtures, bulbs, conduits, equipment posts and pedestals, metering
devices and appurtenant facilities as required to provide lighting in public
right-of-ways and easements within the proposed boundaries of the District.
A total of 3 streetlights are included in the boundaries of this development.
Section II. METHOD OF APPORTIONMENT
The 1972 Act permits the establishment of assessment districts by agencies for the
purpose of providing certain public improvements, including the acquisition, construction,
installation, and servicing of street lighting improvements and related facilities. The 1972
Act requires that the cost of these improvements be levied according to benefit rather
than assessed value:
“The net amount to be assessed upon lands within an assessment district may be
apportioned by any formula or method which fairly distributes the net amount among all
assessable lots or parcels in proportion to the estimated benefits to be received by each
such lot or parcel from the improvements.”
The formulas used for calculating assessments reflect the composition of parcels within
the District (which are all residential properties) and the improvements and activities to
be provided and have been designed to fairly apportion costs based on a determination
of the proportional special benefits to each parcel within each Zone, consistent with the
requirements of the 1972 Act and the provisions of Proposition 218 and Article XIII D of
the California Constitution (“Article XIID”). For each Zone within the District, each parcel
represents one (1) Equivalent Benefit Unit (“EBU”).
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The following formula is used to arrive at the levy amount for each parcel within each
Zone:
Levy per EBU (rate) x Parcel’s EBU = Parcel Levy Amount
Proposition 218 Benefit Analysis
The costs of the proposed improvements for Fiscal Year 2024/2025 have been identified
and allocated to properties within the District based on special benefit. The improvements
provided by this District and for which properties are assessed are public street lighting
and landscaping improvements. These improvements generally were installed in
connection with the development of the properties within the District. Article XIIID Section
2(d) defines District as follows:
“District means an area determined by an agency to contain all parcels which will receive
a special benefit from a proposed public improvement or property-related service”;
Article XIIID Section 2(i) defines Special benefit as follows:
“Special benefit” means a particular and distinct benefit over, and above general benefits
conferred on real property located in the district or to the public at large. General
enhancement of property value does not constitute “special benefit.”
Article XIIID Section 4(a) defines proportional special benefit assessments as follows:
“An agency which proposes to levy an assessment shall identify all parcels which will
have a special benefit conferred upon them and upon which an assessment will be
imposed. The proportionate special benefit derived by each identified parcel shall be
determined in relationship to the entirety of the capital cost of a public improvement, the
maintenance and operation expenses of a public improvement, or the cost of the property
related service being provided. No assessment shall be imposed on any parcel whi ch
exceeds the reasonable cost of the proportional special benefit conferred on that parcel.”
Benefit Analysis
Special Benefit
The special benefits properties within the District will receive from the proposed
improvements include, but are not limited to:
• Improved aesthetic appeal of nearby properties providing a positive
representation of the area and properties.
• Enhanced adaptation of adequate green space, trees, and amenities within
the urban environment.
Total Balance to Levy = Levy per EBU
Total EBU
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• Increased sense of pride in ownership of properties within the District
resulting from their association with well-maintained improvements.
• Enhanced quality of life and working environment within the area that is
promoted by well-maintained landscaped areas and amenities.
• Reduced criminal activity and property-related crimes (especially
vandalism) against properties in the District through well-maintained
surroundings and amenities within public areas.
• Increased social opportunities and leisure activities for customer’s residents
and families, provided by a well-maintained neighborhood destination place
for relaxation, socializing, and entertainment that is within easy walking
distance.
• Enhanced environmental quality of the parcels by moderating
temperatures, providing oxygenation and attenuating noise.
The preceding special benefits contribute to the overall aesthetic value and desirability of
each of the assessed parcels within the District and thereby provide a special
enhancement to these properties. Furthermore, it has been determined that the lack of
funding to properly service and maintain the improvements would ultimately result in the
deterioration of the improvements and facilities, which in turn could negatively impact the
properties within the District. As such, the annual costs of ensuring the ongoing
maintenance and operation of these improvements are considered a distinct and special
benefit to the properties within the District and are there fore considered the financial
obligation of those properties. The cost of any improvement or portion thereof that is
considered to be of general benefit shall not be included as part of the special benefit
assessments allocated to properties within the District.
General Benefit
In the absence of a special funding District, the City would typically provide only weed
abatement and erosion control services for landscaped areas. The cost to provide this
baseline level of service is approximately $0.01 per square foot for landscape areas that
require maintenance. Zone 1 – Tract 13364 has approximately 29,100 square feet of
landscape space, Zone 2 – Tract 14264 has no landscaping area that the City maintains
and Zone 3 – Tract 14471 has approximately 9,045 square feet of landscape space, Zone
4 – Tract 17766 has approximately 3,856 square feet of landscaped space, Zone 5 –
Tract 18793 has approximately 4,668 square feet of landscaped space , Zone 6 – Tract
18071 has approximately 61,750 square feet of land scaped space, Zone 7 – Tract 18604
has approximately 3,239 square feet of landscaped space . The proposed budgets for
Fiscal Year 2024/2025 show the general benefit amount which will be deducted from the
cost of maintenance to arrive at a net special benefit assessment rate.
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Assessment Methodology
This District was formed to establish and provide for the improvements that enhance the
presentation of the surrounding properties and developments. These improvements will
directly benefit the parcels to be assessed within the District. The assessments and
method of apportionment is based on the premise that the assessments will be used to
construct and install landscape and lighting improvements within the existing District as
well as provide for the annual maintenance of those improvements, and the asses sment
revenues generated by District will be used solely for such purposes.
The costs of the proposed improvements have been identified and allocated to properties
within the District based on special benefit. The improvements to be provided by this
District and for which properties will be assessed have been identified as an essential
component and local amenity that provides a direct reflection and extension of the
properties within the District which the property owners and residents have expressed a
high level of support.
The method of apportionment (method of assessment) set forth in the Report is based on
the premise that each assessed property receives special benefits from the landscape
and lighting improvements within the District, and the assessment obligation for each
parcel reflects that parcel’s proportional special benefits as compared to other properties
that receive special benefits.
To identify and determine the proportional special benefit to each parcel within the District,
it is necessary to consider the entire scope of the improvements provided as well as the
properties that benefit from those improvements. The improvements and th e associated
costs described in this Report, have been carefully reviewed and have been identified
and allocated based on a benefit rationale and calculations that proportionally allocate
the net cost of only those improvements determined to be of special benefit to properties
within the District.
Assessment Range Formula
Any new or increased assessment requires certain noticing and meeting requirements by
law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and
XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to
exclude certain conditions. These conditions included "any assessment that does not
exceed an assessment formula or range of assessments previously adopted by the
agency or approved by the voters in the area where the assessment is imposed." This
definition and conditions were later confirmed through Senate Bill 919 (the Proposition
218 implementing legislation).
The purpose of establishing an assessment range formula is to provide for reasonable
increases and inflationary adjustment to annual assessments without requiring costly
noticing and mailing procedures, which could add to the District costs and assessments.
As part of the District formation, balloting of property owners is required pursuant to the
Article XIIID Section 4. The property owner ballots include an Assessment to be
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2024/2025 City of Grand Terrace - L&L AD No. 89-1 Page 12
approved, as well as the approval of an assessment range formula.
The assessment range formula for District assessments may be applied to future
assessments within the District commencing with Fiscal Year 2018/2019 for Zone 4 –
Tract 17766 and Zone 5 – Tract 18793, Fiscal Year 2019/2020 for Zone 6 – Tract 18071
and Fiscal Year 2020/2021 for Zone 7. Zone 1 – Tract 13364, Zone 2 – Tract 14264 and
Zone 3 14471 do not have an increase in assessments. The following describes the
assessment range formula:
The Maximum Assessment is equal to the initial Assessment approved by property
owners adjusted annually by the percentage increase of the Local Consumer Price Index
(“CPI”) plus two percent (2%). As of January 2018, the Bureau of Labor Statistics (the
“BLS”) split the Los Angeles-Riverside-Orange County Area for all Urban Consumers to
Los Angeles-Long Beach-Anaheim area and Riverside-San Bernardino-Ontario Area.
Each fiscal year, the Maximum Assessment will be recalculated, and a new Maximum
Assessment established. Currently, the District uses the Annual Riverside-San
Bernardino-Ontario CPI index to compute the CPI difference each year. For Fiscal Year
2024/2025, the percentage difference is 4.654%. Therefore, the Maximum Assessment
will increase by 6.654%.
The Maximum Assessment is adjusted annually and is calculated independent of the
annual budgets and proposed assessments established for each Zone of the District. Any
proposed annual assessment (rate per EBU) less than or equal to this Maximum
Assessment (for each Zone) is not considered an increased assessment, even if the
proposed assessment is much greater than the assessment applied in the prior fiscal
year.
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2024/2025 City of Grand Terrace - L&L AD No. 89-1 Page 13
Section III. ESTIMATE OF IMPROVEMENT COSTS
In accordance with Streets and Highways Code Section 22660(a), the City Council has
determined that the estimated cost of certain proposed improvements, described in
Section 22525, subdivisions (a) through (d), are greater than can conveniently be raised
from a single assessment, and, as a result, shall be collected in installments and he ld in
a reserve account. In particular, Zone 1, Zone 3, Zone 4, Zone 5, Zone 6, and Zone 7
requires trimming and pruning landscaping services that are proposed to be performed
every five years. The proposed assessment includes a budgeted amount for trimm ing
and pruning to collect for these services.
The following outlines the budget to fund the District improvements based on the
improvements to be maintained and the associated incidental expenses for Fiscal Year
2024/2025, resulting in the proportional assessments calculated for each parcel that will
be applied to the County Tax Rolls for Fiscal Year 2024/2025. The cost of maintaining
improvements for Fiscal Year 2024/2025 are summarized as follows:
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2024/2025 City of Grand Terrace - L&L AD No. 89-1 Page 14
Zone 1 Tract 13364 – Canal
Budget Item Fiscal Year 2024/25
Current Assessment
Energy Costs – Street Lighting $920.00
Water Supply 7,890.00
Professional Services 680.00
Contract Maintenance 2,450.00
Engineering 500.00
Annual Costs Total $12,440.00
General Benefit - Collection/(Contribution) (291.00)
General Fund - Collection/(Contribution) (6,502.40)
Balance to Levy $5,646.60
Fiscal Year 2024/25 Assessment per Parcel $282.33
Fiscal Year 2024/25 Max Assessment per Parcel $282.3300
Fiscal Year 2023/24 Max Assessment per Parcel $282.3300
Number of Parcels (EBU) 20
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2024/2025 City of Grand Terrace - L&L AD No. 89-1 Page 15
Zone 2 Tract 14264 – Forrest City Phase II
Budget Item Fiscal Year 2024/25
Current Assessment
Energy Costs – Street Lighting $1,020.00
Professional Services 670.00
Engineering 500.00
Annual Costs Total $2,190.00
General Benefit - Collection/(Contribution)* 0.00
General Fund - Collection/(Contribution) (774.36)
Balance to Levy $1,415.64
Fiscal Year 2024/25 Assessment per Parcel $1,415.64
Fiscal Year 2024/25 Max Assessment per Parcel $1,415.6400
Fiscal Year 2023/24 Max Assessment per Parcel $1,415.6400
Number of Parcels (EBU) 1
*Parcels under zone 2 receive no General Benefit, because there is no landscaping.
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2024/2025 City of Grand Terrace - L&L AD No. 89-1 Page 16
Zone 3 Tract 14471 – Oriole
Budget Item Fiscal Year 2024/25
Current Assessment
Energy Costs – Street Lighting $755.00
Water Supply 2,170.00
Contractual Services 960.00
Engineering 500.00
Annual Costs Total $4,385.00
General Benefit - Collection/(Contribution)* (90.45)
Reserve Fund - Collection/(Contribution) 0.00
General Fund - Collection/(Contribution) 0.00
Balance to Levy $4,294.55
Fiscal Year 2024/25 Assessment per Parcel $252.62
Fiscal Year 2024/25 Max Assessment per Parcel $309.9500
Fiscal Year 2023/24 Max Assessment per Parcel $309.9500
Number of Parcels (EBU) 17
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2024/2025 City of Grand Terrace - L&L AD No. 89-1 Page 17
Zone 4 Tract 17766 – Greenbriar
Budget Item Fiscal Year 2024/25
Current Assessment
Energy Costs – Street Lighting $175.00
Professional Services 670.00
Engineering 500.00
Annual Costs Total $1,345.00
General Benefit - Collection/(Contribution) (38.56)
HOA - Collection/(Contribution) 0.00
Reserve Fund - Collection/(Contribution) 0.00
General Fund - Collection/(Contribution) 0.00
Balance to Levy $1,306.44
Fiscal Year 2024/25 Assessment per Parcel $37.33
Fiscal Year 2024/25 Max Assessment per Parcel $220.2643
Fiscal Year 2023/24 Max Assessment per Parcel $206.5222
Number of Parcels (EBU) 35
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2024/2025 City of Grand Terrace - L&L AD No. 89-1 Page 18
Zone 5 Tract 18793 – Palomino
Budget Item Fiscal Year 2024/25
Current Assessment
Energy Costs – Street Lighting $795.00
Professional Services 670.00
Contractual Services 1,600.00
Engineering 500.00
Annual Costs Total $3,565.00
General Benefit - Collection/(Contribution) (46.68)
Reserve Fund - Collection/(Contribution) 0.00
General Fund - Collection/(Contribution) 0.00
Balance to Levy $3,518.32
Fiscal Year 2024/25 Assessment per Parcel $293.19
Fiscal Year 2024/25 Max Assessment per Parcel $690.8663
Fiscal Year 2023/24 Max Assessment per Parcel $647.7637
Number of Parcels (EBU) 12
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Zone 6 Tract 18071 – Jaden
Budget Item Fiscal Year 2024/25
Current Assessment
Energy Costs - Street Lighting $2,040.00
Contractual Services 20,570.00
Engineering 500.00
Annual Costs Total $23,110.00
General Benefit - Collection/(Contribution) (617.50)
Reserve Fund - Collection/(Contribution) 0.00
General Fund - Collection/(Contribution) 0.00
Balance to Levy $22,492.50
Fiscal Year 2024/25 Assessment per Parcel $1,183.82
Fiscal Year 2024/25 Max Assessment per Parcel $1,986.9430
Fiscal Year 2023/24 Max Assessment per Parcel $1,862.9790
Number of Parcels (EBU) 19
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Zone 7 Tract 18604 – Tesoro/Van Buren
Budget Item Fiscal Year 2024/25
Current Assessment
Contractual Services $1,250.00
Engineering 500.00
Annual Costs Total $1,750.00
General Benefit - Collection/(Contribution) (32.39)
Reserve Fund - Collection/(Contribution) 0.00
General Fund - Collection/(Contribution) 0.00
Balance to Levy $1,717.61
Fiscal Year 2024/25 Assessment per Parcel $90.40
Fiscal Year 2024/25 Max Assessment per Parcel $439.2752
Fiscal Year 2023/24 Max Assessment per Parcel $411.8692
Number of Parcels (EBU) 19
The total approved assessment for Fiscal Year 2024/2025 is $40,391.79.
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2024/2025 City of Grand Terrace - L&L AD No. 89-1 Page 21
Section IV. ASSESSMENT DIAGRAMS
An Assessment Diagram for the District has been submitted to the Clerk of the City in the
format required under the provision of the Act. The lines and dimensions of each lot or
parcel within the District are those lines and dimensions shown on the maps of t he
Assessor of the County of San Bernardino, for the year when this Report was prepared,
and are incorporated by reference herein and made part of this Report. The following
pages show the boundaries of each of the Zones in the District.
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D.5.c
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D.5.c
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2024/2025 City of Grand Terrace - L&L AD No. 89-1 Page 24
CITY OF GRAND TERRACE
LANDSCAPE AND LIGHTING ASSESMENT DISTRICT
ZONE 4
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2024/2025 City of Grand Terrace - L&L AD No. 89-1 Page 25
CITY OF GRAND TERRACE
LANDSCAPE AND LIGHTING ASSESMENT DISTRICT
ZONE 5
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2024/2025 City of Grand Terrace - L&L AD No. 89-1 Page 26
CITY OF GRAND TERRACE
LANDSCAPE AND LIGHTING ASSESMENT DISTRICT
Zone 6
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2024/2025 City of Grand Terrace - L&L AD No. 89-1 Page 27
CITY OF GRAND TERRACE
LANDSCAPE AND LIGHTING ASSESMENT DISTRICT
ZONE 7
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2024/2025 City of Grand Terrace - L&L AD No. 89-1 Page 28
Section V. ASSESSMENT ROLL
The description of each lot or parcel is part of the records of the Assessor of the County of
San Bernardino and these records are, by reference, made part of this Report. The
proposed assessment and the amount of assessment for Fiscal Year 2024/2025
apportioned to each lot or parcel is shown below.
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RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, GIVING PRELIMINARY APPROVAL OF THE
ENGINEERS REPORT FOR LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT NO. 89-1, AND THE LEVY AND COLLECTION
OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR
2024/2025
WHEREAS, the CITY COUNCIL of the CITY OF GRAND TERRACE, CALIFORNIA,
(hereinafter referred to as the “City”) pursuant to the provisions of Division 15, Part 2 of
the Streets and Highways Code of the State of California, did, by previous Resolution,
order the preparation of an Engineer's Report (hereinafter referred to as the “Report”) for
the annual levy of assessments, consisting of plans and specifications, an estimate of the
cost, a diagram of the district, and an assessment relating to what is now known and
designated as:
CITY OF GRAND TERRACE
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1
(hereinafter referred to as the "District"); and,
WHEREAS, there has now been presented to this City Council the Report as required by
Article 4 of Chapter 1 of Part 2 of Division 15 of the Streets and Highways Code, and as
previously directed by Resolution; and,
WHEREAS, this City Council has now carefully examined and reviewed the Report as
presented, and is satisfied with each and all of the items and documents as set forth
therein, and is satisfied that the proposed assessments, on a preliminary basis, have
been spread in accordance with the benefits received from the maintenance to be
performed, as set forth in said Report.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City does
hereby resolve, determine and order as follows:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the Report as presented, consisting of the following:
A. Plans and specifications;
B. Method of Apportionment;
C. Estimate of cost;
D. Assessment Diagram of the District;
E. Assessment of the estimated cost;
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is hereby approved on a preliminary basis, and is ordered to be filed in the Office of the
City Clerk as a permanent record and to remain open to public inspection.
SECTION 3. That the City Clerk shall certify to the passage and adoption of this
Resolution, and the minutes of this meeting shall so reflect the presentation of the Report.
PASSED, APPROVED AND ADOPTED this day of 28th May 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
__________________________ __________________________
Debra L. Thomas Bill Hussey
City Clerk Mayor, City of Grand Terrace
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF GRAND TERRACE )
I, Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO
HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2024- ______
was duly passed, approved, and adopted by the City Council, approved and signed by
the Mayor, and attested by the City Clerk, all at the regular meeting of said City Council
held on the 28th day of May 2024, and that the same was passed and adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Executed this 28th day of May 2024, at Grand Terrace, California.
_________________________________
Debra L. Thomas
City Clerk for the City of Grand Terrace
[SEAL]
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RESOLUTION NO. 2024- ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT
A PUBLIC HEARING ON JULY 23RD, 2024, ON LANDSCAPING AND
LIGHTING ASSESSMENT DISTRICT NO. 89-1, AND TO LEVY AND
COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL
YEAR 2024-2025
WHEREAS, the CITY COUNCIL of the CITY OF GRAND TERRACE,
CALIFORNIA, (hereafter referred to as the “City Council”) desires to levy assessments
within LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 89-1 (hereafter
referred to as the “District”) pursuant to the terms and provisions of the "Landscaping and
Street Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code
of the State of California (hereafter referred to as the “Act”); and,
WHEREAS, at this time, this City Council is desirous to provide for an annual levy
of assessments for the territory within the District for the next ensuing fiscal year, to
provide for the costs and expenses necessary for continual maintenance of improvements
within said District; and,
WHEREAS, at this time there has been presented and approved by this City
Council, the Engineer's Report (hereafter referred to as the “Report”) as required by law,
and this City Council is desirous of proceeding with the proceedings for said annual levy.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grand
Terrace does hereby resolve, determine and order as follows:
SECTION 1. That the above recitals are all true and correct.
PUBLIC INTEREST
SECTION 2. Pursuant to the Act (specifically, Streets and Highways Code
Section 22624), the City Council hereby finds and declares that the public interest and
necessity require the maintenance and servicing of landscaping and public lighting
facilities in the District, and contingent upon compliance with, as applicable, the
requirements of the Act, Article XIIID of the California Constitution (commonly known as
“Proposition 218”) and the Proposition 218 Omnibus Implementation Act (set forth at
Government Code Sections 53750-53758), the City Council hereby declares its intention
to levy and collect proposed assessments within the District for the continual maintenance
of certain improvements, all to serve and benefit said District that is comprised of zones
located throughout the City of Grand Terrace and said area is shown and delineated on
a map as previously approved by this City Council and on file in the Office of the City
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Clerk, open to public inspection, and herein so referenced and made a part hereof, and
proposed changes thereto are set forth in the Report of the Engineer, incorporated herein
as a part hereof.
REPORT
SECTION 3. That the Report of the Engineer regarding the annual levy for said
District, which "Report" is for maintenance for the fiscal year 2024-2025 is hereby
approved and is directed to be filed in the Office of the City Clerk.
ASSESSMENT
SECTION 4. That the public interest and convenience requires, and it is the
intention of this City Council to order the annual assessment levy for the District as set
forth and described in said Engineer's "Report," and further it is determined to be in the
best public interest and convenience to levy and collect the annual assessments to pay
the costs and expense of said maintenance and improvement as estimated in said
"Report. There is an assessment increase for the fiscal year 2024-2025 levy for Zone 4,
Zone 5, Zone 6 and Zone 7.
SECTION 5. In accordance with Streets and Highways Code Section 22660(a),
the City Council has determined that the estimated cost of certain proposed
improvements, described in Section 22525, subdivisions (a) through (d), are greater than
can conveniently be raised from a single assessment, and, as a result, shall be collected
in installments and held in a reserve account, as noted in the Engineer’s Report.
DESCRIPTION OF MAINTENANCE
SECTION 6. The assessments levied and collected shall be for the maintenance
of certain landscaping and street lighting improvements including but not limited to:
planting, shrubbery and tree maintenance, light poles, light fixtures and appurtenant
facilities as required to provide lighting in public right-of-ways and easements, as set forth
in the Engineer's "Report," referenced and so incorporated herein.
COUNTY AUDITOR
SECTION 8. The County Auditor shall enter on the County Assessment Roll the
amount of the assessments, and shall collect said assessments at the time and in the
same manner as County taxes are collected. After collection by the County, the net
amount of the assessments, after the deduction of any compensation due to the County
for collection, shall be paid to the Treasurer for purposes of paying for the costs and
expenses of said District.
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SPECIAL FUND
SECTION 9. That all monies collected shall be deposited in a special fund known
as
"SPECIAL FUND”, CITY OF GRAND TERRACE
LANDSCAPING AND STREET LIGHTING DISTRICT NO. 89-1
Payment shall be made out of said fund only for the purpose provided for in this
Resolution, and in order to expedite the making of this maintenance and improvement,
the City Council may transfer into said funds as it may deem necessary to expedite the
proceedings. Any funds shall be repaid out of the proceeds of the assessments provided
for in this Resolution.
BOUNDARIES OF DISTRICT
SECTION 10. Said contemplated maintenance work is, in the opinion of this City
Council, of direct benefit to the properties within the boundaries of the District, and this
City Council makes the costs and expenses of said maintenance chargeable upon a
district, which district said City Council hereby declares to be the district benefited by said
improvement and maintenance, and to be further assessed to pay the costs and
expenses thereof. Said District shall include each and every parcel of land within t he
boundaries of said District, as said District is shown on a map as approved by this City
Council and on file in the Office of the City Clerk, and so designated by the name of the
District.
NOTICE OF PUBLIC HEARING
SECTION 11. NOTICE IS HEREBY GIVEN THAT TUESDAY, JUNE 11TH, 2024,
AT THE HOUR OF 6:00 O'CLOCK P.M., IN THE CITY COUNCIL CHAMBERS LOCATED
AT 22795 BARTON ROAD, GRAND TERRACE, CALIFORNIA, IS THE TIME AND
PLACE FIXED BY THIS CITY COUNCIL FOR THE HEARING OF PROTESTS OR
OBJECTIONS IN REFERENCE TO THE ANNUAL LEVY OF ASSESSMENTS, TO THE
EXTENT OF THE MAINTENANCE, AND ANY OTHER MATTERS CONTAINED IN THIS
RESOLUTION BY THOSE PROPERTY OWNERS AFFECTED HEREBY. ANY
PERSONS WHO WISH TO OBJECT TO THE PROCEEDINGS SHOULD FILE A
WRITTEN PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SET AND
SCHEDULED FOR SAID PUBLIC HEARING.
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SECTION 12. The City Clerk is directed to publish this Resolution of Intention
pursuant to Government Code Section 6061, said publication to be completed no later
than ten (10) days prior to the date set for the Public Hearing.
EFFECTIVE DATE
SECTION 13. That this Resolution shall take effect immediately upon its adoption.
PROCEEDINGS INQUIRIES
SECTION 14. For any and all information relating to the proceedings, protest
procedure, any documentation and/or information of a procedural or technical nature,
your attention is directed to the below listed person at the local agency or department so
designated:
Shanita Tillman, Senior Management Analyst
CITY OF GRAND TERRACE
22795 Barton Road
Grand Terrace, California 92313
PASSED, APPROVED AND ADOPTED this 28th day of May, 2024 by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Bill Hussey
Mayor for the City of Grand Terrace
ATTEST:
_________________________________
Debra L. Thomas
City Clerk for the City of Grand Terrace
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF GRAND TERRACE )
I, Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO
HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2024- _______
was duly passed, approved and adopted by the City Council, approved and signed by the
Mayor, and attested by the City Clerk, all at the regular meeting of said City Council held
on the 28th day of May 2024, and that the same was passed and adopted by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
EXECUTED this 28th day of May 2024, at Grand Terrace, California.
_________________________________
Debra L. Thomas
City Clerk for the City of Grand Terrace
[SEAL]
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AGENDA REPORT
MEETING DATE: May 28, 2024 Council Item
TITLE: Acceptance and Approval of Donation Agreement for Real
Property (APN 1178-251-03 and 05) from Friends of the
Blue Mountain by Denis Kidd
PRESENTED BY: Shanita Tillman, Senior Management Analyst
RECOMMENDATION: ACCEPTANCE OF THE DONATION OF REAL PROPERTY
GENERALLY LOCATED AT THE TOP OF BLUE
MOUNTAIN IN GRAND TERRACE, CA (ASSESSOR
PARCEL NUMBERS 1178-251-03 AND 1178-251-05)
FROM FRIENDS OF THE BLUE MOUNTAIN BY DENIS
KIDD AND THE APPROVAL OF THE RELATED REAL
PROPERTY DONATION AGREEMENT IS NOT SUBJECT
TO CEQA; AND ACCEPTING THE DONATION OF REAL
PROPERTY THEREOF AND APPROVING THE
DONATION AGREEMENT THEREOF.
2030 VISION STATEMENT:
This staff report supports City Council Goal #4, "Develop and Implement Successful
Partnerships," by fostering collaboration with the public to enhance services for
residents.
BACKGROUND:
As of December 26, 2019, Friends of the Blue Mountain owns the property identified by
Assessor Parcel Numbers 1178-251-03 and 1178-251-05 (“Property”), located atop
Blue Mountain in Grand Terrace. Denis Kidd, CEO of the organization, seeks to donate
the Property to the City through the attached Real Property Donation Agreement
(“Agreement”). The properties are expected to be combined with acquired parcels to
complete the development of the Blue Mountain Trail. Additionally, three other parcels
are slated for acquisition through the California State Parks Habitat Conservation Fund
grant, of which Denis Kidd is also the owner.
DISCUSSION:
Approval of the Agreement will formalize Denis Kidd’s donation of the Property to the
City, allowing for its acceptance by the City of Grand Terrace. Mr. Kidd intends for the
Property to serve public interests, such as a public hiking trail, open space, or any other
use deemed beneficial to Grand Terrace residents by the City Council. The Agreement
includes provisions for a grant deed to convey the Property, which is appraised at
$180,000 as of April 26, 2024.
Upon approval, escrow will commence upon the Escrow Holder’s receipt and
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acceptance of the executed Agreement along with an initial deposit of $5,000 from the
City. Escrow is scheduled to conclude within 30 days of execution, unless an extended
period is approved by the City Manager. All related expenses, including those for a title
insurance policy, will be covered by the City.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The proposed transaction does not constitute a project under CEQA, as delineated by
CEQA Regulation 15378. A transfer of title between property owners does not constitute
an environmental impact.
FISCAL IMPACT:
Approval of the Agreement and subsequent closure of escrow will incur approximately
$5,000 in expenses for the City related to the donation process.
ATTACHMENTS:
• Donation Agreement - Blue Mountain (DOCX)
• Grant Deed (PDF)
APPROVALS:
Shanita Tillman Completed 05/06/2024 11:19 AM
Finance Skipped 05/20/2024 2:44 PM
City Manager Completed 05/21/2024 10:45 AM
City Council Pending 05/28/2024 6:00 PM
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01247.0020/924810.1 1
DONATION AGREEMENT FOR REAL PROPERTY AND
JOINT ESCROW INSTRUCTIONS
This DONATION AGREEMENT FOR REAL PROPERTY AND JOINT ESCROW
INSTRUCTIONS (“Agreement”), dated May 28, 2024 (”Agreement Date”), is made by
and between the City of Grand Terrace, a municipal corporation (“City”), and FRIENDS
OF BLUE MOUNTAIN, a California nonprofit public benefit corporation (“Donor”).
RECITALS
A. Donor owns that certain unimproved real property in the City of Grand
Terrace, San Bernardino County, State of California (APN 1178-251-03) and in the City
of Colton, San Bernardino County, State of California (APN 1178-251-05) legally
described on Exhibit A attached hereto (“Property”).
B. Donor has offered to donate the Property to City and City wishes to accept
donation of the Property under the terms and conditions stated in this Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is acknowledged, the parties mutually agree as follows:
AGREEMENT
1. DONATION OF LAND. Donor agrees to donate the Property to the City on
the terms and conditions set forth in this Agreement. The parties agree that the value of
the Property is One Hundred Eighty Thousand Dollars ($180,000), as determined by a
certain appraisal dated April 26, 2024, issued by John J. Nagy at The Appraisal Office,
27255 Messina St, Highland, CA 92346. (“Donated Land Value”).
2. EFFECTIVE DATE.
2.1 Effective Date. This Agreement shall be effective upon execution
of this Agreement by City after its approval by the City Council (“Effective Date”).
2.2 Opening of Escrow. Within two (2) days of the Effective Date, the
parties shall open an escrow with Escrow Holder by causing an executed copy of this
Agreement to be deposited with Fidelity National Title Insurance Company (with escrow
officer Mary Lou Adame at 3237 East Guasti Road Suite 105 Ontario, CA 91761 ) shall
serve as the “Escrow.” Escrow Holder who shall sign and accept the Agreement and
provide executed copies thereof to each party. Escrow shall be deemed opened upon
Escrow Holder’s (i) receipt and acceptance of an executed copy of this Agreement ; and
(ii) receipt of the Initial Deposit (as defined in Section 3.1) (“Opening of Escrow”).
3. DEPOSIT; FEES AND COSTS.
3.1 Initial Deposit. As the Opening of Escrow, the sum of Five
Thousand Dollars ($5,000) shall be deposited by City into Escrow (“Initial Deposit”). The
Initial Deposit shall be utilized to pay all costs payable by the City under this Agreement.
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3.2 Good Funds. All funds deposited in Escrow shall be in “Good
Funds” which means a wire transfer of funds, cashier's or certified check drawn on or
issued by the offices of a financial institution located in the State of California.
4. FUNDS AND DOCUMENTS REQUIRED FROM CITY AND DONOR.
4.1 Donor. Donor agrees that on or before 12:00 noon at least one (1)
business day prior to the Closing Date, Donor will deposit with Escrow Holder such items
and instruments (executed and acknowledged, if appropriate) as may be necessary in
order for the Escrow Holder to comply with this Agreement, including without limitation:
a. A grant deed in the form attached hereto as Exhibit B (“Grant
Deed”) executed and acknowledged by Donor.
b. Any other documents as reasonably required by Title
Company to remove any non-approved exceptions and any other documents it
reasonably requires to issue the City’s Title Policy (pursuant to Section 6.1).
c. A Non-Foreign Affidavit as required by federal law.
d. Such other items and instruments as may be necessary in
order for Escrow Holder to comply with this Agreement.
4.2 City. City agrees that on or before 12:00 noon at least one (1)
business day prior to the Closing Date, City will deposit with Escrow Holder all funds
and/or documents (executed and acknowledged, if appropriate) which are necessary to
comply with the terms of this Agreement, including without limitation:
a. The Certificate of Acceptance in the form attached to the
Grant Deed shall be executed and attached to the Grant Deed prior to recordation
(‘Certificate of Acceptance”).
b. A Preliminary Change of Ownership Statement completed in
the manner required by San Bernardino County (“PCOR”).
c. Such funds and other items and instruments as may be
necessary in order for Escrow Holder to comply with this Agreement.
5. CLOSING DATE; TIME IS OF ESSENCE.
5.1 Closing Date. Escrow shall close on or before thirty (30) days from
the Effective Date ("Closing Date”). The terms “Close of Escrow” and/or “Closing” are
used herein to mean the date that the Grant Deed (with the Certirficate of Acceptance) is
recorded in the Office of the County Recorder of San Bernardino County, California.
5.2 Possession. Upon the Close of Escrow, Donor shall deliver
possession of the Property to City free of all tenants or occupants.
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01247.0020/924810.1 3
5.3 Time is of Essence. City and Donor specifically agree that time is
of the essence under this Agreement. The parties agree that the specified dates under
this Agreement are specifically enforceable and shall not be subject to substantial
compliance arguments.
5.4 City Manager Authority. The City Manager or his designee (who
has been designated in writing by the City Manager) shall, in his sole and exclusive
discretion, on behalf of City, have the authority to (i) extend any dates under this
Agreement, (ii) execute documents required to effect this transaction, and (iii) agree to
any non-material modifications of this Agreement.
6. TITLE POLICY; NHD REPORT.
6.1 Approval of Title.
(a) Promptly following execution of this Agreement but in no event later
than five (5) days following Opening of Escrow, a preliminary title report shall be
issued by Fidelity National Title Insurance Company (“Title Company”), describing
the state of title of the Property, together with copies of all exceptions specified
therein and a map plotting all easements specified therein (“Preliminary Title
Report”). Within fifteen (15) business days after City's receipt of the Preliminary
Title Report, City shall notify Donor in writing (“City's Title Notice”) of City's
disapproval of any matters contained in the Preliminary Title Rep ort
(“Disapproved Exceptions”).
(b) In the event City delivers City's Title Notice within said period, Donor
shall have a period of ten (10) days after receipt of City's Title Notice in which to
notify City of Donor's election to either (i) agree to attempt to remove the
Disapproved Exceptions prior to the Close of Escrow; or (ii) decline to remove any
such Disapproved Exceptions (“Donor's Notice”). If Donor notifies City of its
election to decline to remove the Disapproved Exceptions, or if Donor is unable to
remove the Disapproved Exceptions, City may elect either to terminate this
Agreement and the Escrow or to accept title to the Property subject to the
Disapproved Exception(s). City shall exercise such election by delivery of written
notice to Donor and Escrow Holder within five (5) business days following the
earlier of (i) the date of written advice from Donor that such Disapproved
Exception(s) cannot be removed; or (ii) the date Donor declines to remove such
Disapproved Exception(s).
(c) Upon the issuance of any amendment or supplement to the
Preliminary Title Report which adds additional exceptions, the foregoing right of
review and approval shall also apply to said amendment or supplement, provided,
however, that City's initial period of review and approval or disapproval of any such
additional exceptions shall be limited to ten (10) days following receipt of notice of
such additional exceptions.
(d) Nothing to the contrary herein withstanding, City shall be deemed to
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01247.0020/924810.1 4
have automatically objected to all leases, deeds of trust, mortgages, judgment
liens, federal and state income tax liens, delinquent general and special real
property taxes and assessments and similar monetary encumbrances affecting the
Property, and Donor shall discharge any such non-permitted title matter of record
prior to or concurrently with the Close of Escrow.
6.2 City’s Title Policy. At the Close of Escrow, Escrow Holder shall
furnish City with an ALTA owner's non-extended Policy of Title (“City’s Title Policy”)
insuring title to the Property vested in City in the amount of the Purchase Price, containing
no exceptions to such title which has not been approved or waived by City in accordance
with this Section. The cost of the City’s Title Policy to Donor shall be paid by City. The
City’s Title Policy shall also include any available extended coverage or endorsements
that City has reasonably requested.
6.3 NHD Report. Within two (2) days of Opening of Escrow, Escrow
shall order and deliver to City a Natural Hazards Disclosure report for the Property issued
by Disclosure Source (“NHD Report”) for City’s review and approval.
7. CONDITIONS PRECEDENT TO CLOSE OF ESCROW
7.1 Conditions to City’s Obligations. The obligations of City under this
Agreement are subject to the satisfaction or written waiver, in whole or in part, by City of
each of the following conditions precedent (“City’s Conditions Precedent”):
a. Title Company will issue the City’s Title Policy as specified in
Section 6.1.
b. Escrow Holder holds and will deliver to City the instruments
and funds, if any, accruing to City pursuant to this Agreement.
c. Donor is not in default of its obligations under this Agreement.
7.2 Conditions to Donor’s Obligations. The obligations of Donor
under this Agreement are subject to the satisfaction or written waiver, in whole or in part,
by Donor of the following conditions precedent:
a. Escrow Holder holds and will deliver to Donor the instruments
and funds, if any, accruing to Donor pursuant to this Agreement.
b. City is not in default of its obligations under this Agreement.
8. CONDITION OF THE PROPERTY. City shall acquire the Property in its
“AS-IS” condition and City shall be responsible for any defects in the Property, whether
patent or latent, including, without limitation, the physical, environmental and geotechnical
condition of the Property, and the existence of any contamination, hazardous materials,
vaults, debris, pipelines, or other structures located on, under or about the Property, and ,
except as set forth in Section 9, Donor makes no representation or warranty concerning
the physical, environmental, geotechnical or other condition of the Property.
D.6.a
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01247.0020/924810.1 5
9. LIMITED REPRESENTATIONS, WARRANTIES AND COVENANTS. The
Property is donated as-is, where-is with all faults, defects and encumbrances and subject
only to the following limited representations made to Donor’s actual knowledge each of
which is true in all respects as of the Effective Date and shall be true in all respects on
the date of Close of Escrow on the Property:
9.1 Donor has delivered to City copies of any and all reports in its
possession or control with respect to the condition of the Property.
9.2 Donor has received no notice and/or has no knowledge that any
governmental authority or any employee or agent thereof considers the present or
proposed operation, use or ownership of the Property to violate or have violated any
ordinance, rule, law, regulation or order of any government or agency, body or subdivision
thereof, or that any investigation has been commenced or is contemplated respecting
such possible violations.
9.3 There are no pending or threatened lawsuits or claims which would
affect the Property.
9.4 Donor has received no written notice from any third parties, prior
owners of the Property, or any federal, state or local governmental agency indicating that
any hazardous waste remedial or clean-up work will be required on the Property.
9.5 No construction or repair work has been done on the Property within
six (6) months.
9.6 There are no leases, licenses or other agreements affecting the
Property.
Until the Closing, Donor shall not do anything which would impair Donor’s title to any of
the Property and if Donor learns of any fact or condition which would cause their actual
knowledge to change such that they learn of facts that would cause the representations
in this Section not to be true as of the Closing, Donor shall immediately give written notice
of such fact or condition to City.
10. ESCROW PROVISIONS.
10.1 Escrow Instructions. Sections 1 through 7, inclusive, and 10
through 12, inclusive, constitute the escrow instructions to Escrow Holder. If required by
Escrow Holder, City and Donor agree to execute Escrow Holder’s standard escrow
instructions, provided that the same are consistent with and do not conflict with the
provisions of this Agreement. In the event of any such conflict, the provisions of this
Agreement shall prevail. The terms and conditions in sections of this Agreement not
specifically referenced above are additional matters for information of Escrow Holder, but
about which Escrow Holder need not be concerned. City and Donor will receive Escrow
Holder’s general provisions directly from Escrow Holder and will execute such provision
upon Escrow Holder’s request. To the extent that the general provisions are inconsistent
or conflict with this Agreement, the general provisions will control as to the duties and
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01247.0020/924810.1 6
obligations of Escrow Holder only. City and Donor agree to execute additional
instructions, documents and forms provide by Escrow Holder that are reasonably
necessary to close Escrow.
10.2 General Escrow Provisions. Escrow Holder shall deliver the City’s
Title Policy to the City and instruct the San Bernardino County Recorder to mail the Grant
Deed to City at the address set forth in Section 11 after recordation. All funds received in
this Escrow shall be deposited in one or more general escrow accounts of the Escrow
Holder with any bank doing business in San Bernardino County, California, and may be
disbursed to any other general escrow account or accounts. All disbursements shall be
according to that party’s instructions.
10.3 Real Property Taxes. Real property taxes shall not be delinquent
at Closing. Donor may file with the County for a refund of any applicable real property
taxes and City shall cooperate with such filing.
10.4 Payment of Costs. Donor shall not pay any costs of this transaction
unless the failure to close is caused by Donor. At Closing, City shall pay all costs and
expenses including, but not limited to, costs for the City’s Title Policy and escrow fees.
(“City’s Charges”).
NOTE TO ESCROW HOLDER: NO documentary transfer taxes shall be due pursuant
to R&T Code §11922. Also no recording fees shall be due as the City is exempt under
Govt Code §6103.
10.5 Closing Statement. At least two (2) business days prior to the
Closing Date, Escrow Holder shall furnish City and Donor with a preliminary Escrow
closing statement showing all costs. The preliminary closing statement shall be approved
in writing by the parties. As soon as reasonably possible following the Close of Escrow,
Escrow Holder shall deliver a copy of the final Escrow closing statement to the parties.
10.6 Termination and Cancellation of Escrow. If Escrow fails to close
due to a failure of a condition precedent, then the party in whose favor the condition
precedent runs may elect to cancel this Escrow upon written notice to the other party and
Escrow Holder. Upon cancellation, Escrow Holder is instructed to return all documents
then in Escrow to the respective depositor of same and disburse the Iniial Deposit (less
cancellation charges). Cancellation of Escrow, as provided herein, shall be without
prejudice to whatever legal rights City or Donor may have against each other arising from
the Escrow or this Agreement.
10.7 Documents. Upon recordation of the Grant Deed, Escrow Holder
will deliver a conformed copy of the Grant Deed to each party.
10.8 Information Report. Escrow Holder shall file and City and Donor
agree to cooperate with Escrow Holder and with each other in completing any report
(“Information Report”) and/or other information required to be delivered to the Internal
Revenue Service pursuant to Internal Revenue Code Section 6045I regarding the real
estate sales transaction contemplated by this Agreement, including without limitation,
D.6.a
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01247.0020/924810.1 7
Internal Revenue Service Form 1099-B. City and Donor also agree that City and Donor,
their respective employees and attorneys, and Escrow Holder and its employees, may
disclose to the Internal Revenue Service, whether pursuant to such Information Report or
otherwise, any information regarding this Agreement or the transactions contemplated
herein as such party reasonably deems to be required to be disclosed to the Internal
Revenue Service by such party pursuant to Internal Revenue Code Section 6045 I, and
further agree that neither City nor Donor shall seek to hold any such party liable for the
disclosure to the Internal Revenue Service of any such information.
10.9 No Withholding as Foreign Donor. Donor represents and warrants
to City that Donor is not, and as of the Close of Escrow will not be, a foreign person within
the meaning of Internal Revenue Code Section 1445 or an out -of-state Donor under
California Revenue and Tax Code Section 18805 and that it will deliver to City on or before
the Close of Escrow a non-foreign affidavit on Escrow Holder’s standard form pursuant
to Internal Revenue Code Section 1445(b)(2) and the Regulations promulgated
thereunder and a California Form 590-RE.
10.10 Brokerage Commissions. City and Donor each represent and
warrant to the other that no third party is entitled to a broker's commission and/or finder's
fee with respect to the transaction contemplated by this Agreement. City and Donor each
agree to indemnify and hold the other parties harmless from and against all liabilities,
costs, damages and expenses, including, without limitation, attorneys' fees, resulting from
any claims or fees or commissions, based upon agreements by it, if any, to pay a broker's
commission and/or finder's fee.
11. NOTICES. Any notice which either party may desire to give to the other
party or to the Escrow Holder must be in writing and may be given (i) by personal delivery
(including reputable overnight courier (such as Federal Express, UPS or DHL) which will
be deemed received the following day, or (ii) by mailing the same by registered or certified
mail, return receipt requested which will be deemed delivered three (3) days after
depositing same in the mail, addressed to the party to whom the notice is directed as set
forth below, or such other address and to such other persons as the parties may hereafter
designate:
To City: City of Grand Terrace
22795 Barton Rd.
Grand Terrace, CA 92313
Attention: City Manager
With a Copy to: Aleshire & Wynder, LLP
1 Park Plaza Suite 1000
Irvine, CA 92614
Attn: Adrian R. Guerra, City Attorney
To Donor: Friends of Blue Mountain
22874 Pico Street
Grand Terrace, CA 92313
D.6.a
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01247.0020/924810.1 8
Attn. Denis Kidd, CEO
To Escrow Holder: Fidelity National Title Company
3237 East Guasti Road Suite 105
Ontario, CA 91761
Attn: Mary Lou Adame, Escrow Officer
12. GENERAL PROVISIONS.
12.1 Assignment. Neither party may assign this Agreement without the
written consent of the other party. This Agreement shall be binding upon and shall inure
to the benefit of City and Donor and their respective heirs, personal representatives,
successors and assigns.
12.2 Attorney’s Fees. In any action between the parties hereto, seeking
enforcement of any of the terms and provisions of this Agreement or the Escrow, or in
connection with the Property, including any defense of any such action, the prevailing
party in such action shall be entitled, to have and to recover from the other party its
reasonable attorneys’ fees and other reasonable expenses in connection with such action
or proceeding, in addition to its recoverable court costs.
12.3 Interpretation; Governing Law; Venue. This Agreement shall be
construed according to its fair meaning and as if prepared by both parties hereto. This
Agreement shall be construed in accordance with the laws of the State of California in
effect at the time of the execution of this Agreement. Ti tles and captions are for
convenience only and shall not constitute a portion of this Agreement. As used in this
Agreement, masculine, feminine or neuter gender and the singular or plural number shall
each be deemed to include the others wherever and whenever the context so dictates.
The venue for any dispute shall be San Bernardino County.
12.4 No Waiver. No delay or omission by either party in exercising any
right or power accruing upon the compliance or failure of performance by the other party
under the provisions of this Agreement shall impair any such right or power or be
construed to be a waiver thereof. A waiver by either party of a breach of any of the
covenants, conditions or agreements hereof to be performed by the other party shall not
be construed as a waiver of any succeeding breach of the same or other covenants,
agreements, restrictions or conditions hereof.
12.5 Amendments and Modifications. Any amendment or modification
of this Agreement must be in writing executed by each party.
12.6 Severability. If any term, provision, condition or covenant of this
Agreement or the application thereof to any party or circumstances shall, to any extent,
be held invalid or unenforceable, the remainder of this instrument, or the application of
such term, provisions, condition or covenant to persons or circumstances other than those
as to whom or which it is held invalid or unenforceable, shall not be affected thereby, and
each term and provision of this Agreement shall be valid and enforceable to the fu llest
D.6.a
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01247.0020/924810.1 9
extent permitted by law.
12.7 Merger. This Agreement and other documents incorporated herein
by reference contain the entire understanding between the parties relating to the
transaction contemplated hereby and all prior to contemporaneous agreements,
understandings, representations and statements, oral or written are merged herein and
shall be of no further force or effect.
12.8 Construction. In determining the meaning of, or resolving any
ambiguity with respect to, any word, phrase or provision of this Agreement, no uncertainty
or ambiguity shall be construed or resolved against a party under any rule of construction,
including the party primarily responsible for the drafting and preparation of this
Agreement. Headings used in this Agreement are provided for convenience only and shall
not be used to construe meaning or intent. As used in this Agreement, masculine,
feminine or neuter gender and the singular or plural number shall each be deemed to
include the others wherever and whenever the context so dictates.
12.9 Qualification and Authority. Each individual executing this
Agreement on behalf of a Donor which is an entity represents, warrants and covenants
to the City that (a) such person is duly authorized to execute and deliver this Agreement
on behalf of Donor in accordance with authority granted under the organizational
documents of such entity, and (b) Donor is bound under the terms of this Agreement.
12.10 No Third-Party Beneficiaries. This Agreement is only between the
parties and is not intended to be nor shall it be construed as being for the benefit of any
third party.
12.11 Execution in Counterparts. This Agreement may be executed in
several counterparts, and all so executed shall constitute one agreement binding on all
parties hereto, notwithstanding that all parties are not signatories to the original or the
same counterpart.
12.12 Exhibits. Exhibits A & B attached hereto and incorporated herein by
reference.
[SIGNATURES ON FOLLOWING PAGE]
D.6.a
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01247.0020/924810.1 1
IN WITNESS WHEREOF, the parties hereto have executed this Real Property
Donation Agreement as of the Effective Date.
DONOR: CITY:
FRIENDS OF BLUE MOUNTAIN, a
nonprofit public benefit corporation
By: ____________________
Denis W. Kidd
Chief Executive Officer
CITY OF GRAND TERRACE, a
municipal corporation
By: ____________________________
Konrad Bolowich, City Manager
_________________, 2024
ATTEST:
____________________________
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
By: _____________________________
Adrian R. Guerra, City Attorney
ACCEPTED BY ESCROW HOLDER:
FIDELITY NATIONAL TITLE
COMPANY, a California corporation
By: _________________________
Mary Lou Adame, Escrow Officer
Dated: ________________, 2024
D.6.a
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01247.0020/924810.1 1
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
That certain real property in the City of Grand Terrace, County of San Bernardino, State
of California legally described as follows:
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01247.0020/924810.1 1
EXHIBIT B
GRANT DEED
Recording requested by and
When Recorded Return to:
City of Grand Terrace
22795 Barton Rd.
Grand Terrace, CA 92313
Attention: City Clerk
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged
and subject to the covenants set forth below FRIENDS OF BLUE MOUNTAIN, a nonprofit
public benefit corporation (“Grantor”) grants to the CITY OF GRAND TERRACE, a
municipal corporation (“Grantee”), all of its rights, title, and interest in that certain real
property in the City of Grand Terrace and Colton, County of San Bernardino, State of
California, as more particularly described in Exhibit A attached hereto and incorporated
by this reference (“Property”) for public purposes of an area for public hiking trails, open
space, or any other allowable use that is in the best interests of the residents of the City
of Grand Terrace as determined by the City Council of the City of Grand Terrace in its
sole discretion.
IN WITNESS WHEREOF, Grantor has caused this Grant Deed to be executed on
its behalf as of the date written below.
Dated: ___________, 2024 GRANTOR:
FRIENDS OF BLUE MOUNTAIN, a nonprofit
public benefit corporation
By: ____________________
Denis W. Kidd
Chief Executive Officer
APNs. 1178-251-03 & 05 (Space Above This Line for Recorder’s Office Use Only)
Exempt from recording fees per Govt Code § 6103
THE UNDERSIGNED GRANTOR DECLARES that the
documentary transfer tax is $-0- per R&T Code 11922
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01247.0020/924810.1 1
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by FRIENDS OF BLUE
MOUNTAIN, a nonprofit public benefit corporation (“Grantor”) to the CITY OF GRAND
TERRACE (“City”), is hereby accepted by the undersigned officer and agent of City and
the City consents to the recording of the Grant Deed.
Signed and dated on _____________, 2024 at City of Grand Terrace, California.
GRANTEE
CITY OF GRAND TERRACE, a municipal
corporation
By: _____________________
Konrad Bolowich
City Manager
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01247.0020/924810.1 1
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
That certain real property in the City of Grand Terrace and Colton, County of San
Bernardino, State of California legally described as follows:
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01247.0020/924810.1
STATE OF CALIFORNIA )
) ss.
COUNTY OF ____________ )
On _________________, 2024 before me, ___________________________, a notary
public, personally appeared _______________________________________________ who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capaDonor(ies), and that by his/her/their signature(s) on the
instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_________________________________________
Notary Public
SEAL:
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy or validity of that document.
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AGENDA REPORT
MEETING DATE: May 28, 2024 Council Item
TITLE: Thirty-First Amendment to Law Enforcement Services
Contract No. 94-797 with the County of San Bernardino to
Provide Law Enforcement Services for Fiscal Year 2024-25
to the City of Grand Terrace
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: 1. Approve the Thirty-First Amendment to Law
Enforcement Services Contract No. 94-797 with the County
of San Bernardino to provide Law Enforcement Services
from the Sheriffs’ Department for Fiscal Year 2024-25; and
2. Authorize the City Manager to execute the contract.
2030 VISION STATEMENT:
This staff report supports the following goals:
• Goal #1, “Ensuring Our Fiscal Viability,” through the continuous monitoring of
expenditure budgets, allocations, and operational costs; and
• Goal #2, “Maintaining Public Safety,” by ensuring adequate staff levels for police
services for our Community.
BACKGROUND:
Since incorporation, the City has contracted with the County of San Bernardino for law
enforcement services provided through the San Bernardino County Sheriff's Department
(Exhibit 1 – Original Public Safety Services Contract). Each fiscal year, cities that
contract for law enforcement services are required to approve a contract amendment
that specifies the level of services for that fiscal year (Exhibit 2 - Schedule "A").
DISCUSSION:
As stated in the original 94-797 contract, law enforcement duties to the City shall
include:
• enforcement of state statutes;
• enforcement of city ordinances;
• traffic enforcement;
D.7
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• specialized enforcement such as arson, homicide, juvenile, and narcotics
enforcement;
• and attendance at City meetings.
These services shall be provided by the County personnel as specified in the attached
Proposed Schedule “A.”
The City will continue staffing level and hours worked by Sheriff staff as estimated in the
table below:
Table 1
Personnel
Level of
Service
Hours
Per Week
Annual
Hours
Lieutenant 0.21 7.5 390.0
Sergeant 0.90 32.5 1,690.0
Detective/Corporal 0.56 20.0 1,040.0
Deputy Sheriff Tier 2 5.76 208.0 10,816.0
Office Specialist 1.26 45.0 2,340.0
Sheriff’s Service
Specialist 0.14 5.0 260.0
Citizen Patrol Truck/
Dispatch Services 0.94 30.0 1,560.0
TOTAL 9.77 348.0 18,096.0
The 31st Amendment to this Agreement (proposed FY202 4-25 amendment) updates the
cost of law enforcement services that will be provided in FY202 4-25 totaling $2,540,112,
an increase of $69,809 (2.826%) from the current year’s cost of $2,470,303. The below
table shows the final annual contract amounts for law enforcement services over the
last five (5) years.
Table 2
City of Grand Terrace
San Bernardino County Sheriff's Department
Annual Contract History
2019-20 2020-21 2021-22 2022-23 2023-24 2024-25
Final Final Final Final Final Proposed
Amount $2,071,535 $2,207,992 $2,269,316 $2,305,996 $2,470,303 $2,540,112
Increase from prior year $136,457 $61,324 $36,679 $164,307 $69,809
Percentage increase 6.587% 2.777% 1.590% 7.125% 2.826%
As this is the County’s proposed amendment at this time, it may be subject to change
once the County’s Board of Supervisors has approved the department’s final personnel
costs.
FISCAL IMPACT:
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The Thirty-First Amendment to the Agreement for law enforcement services is a
contractual obligation of $2,540,112, of which may be subject to change upon approval
of the Board of Supervisors. City staff has included a $2,540,112 budget allocation in
the proposed FY2024-25 budget for law enforcement services that will be brought to the
City Council June 11, 2024.
ATTACHMENTS:
• Attachment 1 94-797 Original Public Safety Services Agreement(PDF)
• Amendment No. 31 to Law Enforcement Contract No. 94-797 (PDF)
APPROVALS:
Konrad Bolowich Completed 05/20/2024 2:45 PM
Finance Skipped 05/20/2024 2:45 PM
City Manager Completed 05/21/2024 10:45 AM
City Council Pending 05/28/2024 6:00 PM
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AGENDA REPORT
MEETING DATE: May 28, 2024
TITLE: Award Contract to BWW & Company Inc. for Repair of
Damaged Guardrail on Barton Rd.
PRESENTED BY: Shanita Tillman, Senior Management Analyst
RECOMMENDATION: 1. Authorize a contract award to BWW & Company Inc.
for the repair of damaged guardrail on Barton Rd. in the
amount of $39,750.00 NTE $42,900 per Council-approved
appropriation.
2. Authorize the City Manager to execute the agreement
and any subsequent change orders.
2030 VISION STATEMENT:
This staff report supports Goal #2 "Maintain Public Safety" by investing in critical
improvements to infrastructure
BACKGROUND:
The City Council secured Highway Safety Improvement Program (HSIP) Cycle 9
funding in December 2018 to undertake a project aimed at enhancing traffic safety.
While David Evans & Associates was initially selected for the architectural and
engineering (A&E) services on October 24, 2024, federal regulations mandate the
utilization of a Disadvantaged Business Enterprise (DBE) for such work. Unfortunately,
David Evans & Associates does not qualify as a DBE, necessitating the selection of an
alternative firm.
On April 9, 2024, the City Council approved the allocation of $42,900 to proceed with
the repair and replacement of damaged guardrails along Barton Rd from a contractor
outside of the HSIP grant.
DISCUSSION:
The guardrail replacement project was advertised through the City's Public Purchase
procurement program. While seven companies expressed initial interest, only BWW &
Company Inc., located in Grand Terrace, submitted a final bid. Their bid of $39,750 falls
within the allocated budget of $42,900, providing a margin for unforeseen costs.
RECOMMENDATION:
D.8
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Staff recommends awarding a contract to BWW & Company Inc. in the amount of
$39,750 for the replacement of approximately 150 feet of damaged guardrail on Barton
Rd. Upon City Attorney approval of the contract's legal form, authorization will be
granted to the City Manager for its execution and subsequent change orders .
ENVIRONMENTAL IMPACT:
This project is exempt from review under the California Environmental Quality Act
(CEQA).
FISCAL IMPACT:
The contract with BWW & Company Inc. is $39,750 and will be funded from account 10 -
175-257-000-000.
ATTACHMENTS:
• Bid Schedule (PDF)
• BWW Agreement for Guardrail Replacement May 2024 (DOCX)
APPROVALS:
Shanita Tillman Completed 05/21/2024 9:46 AM
Finance Skipped 05/21/2024 9:47 AM
City Manager Completed 05/22/2024 2:54 PM
City Council Pending 05/28/2024 6:00 PM
D.8
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D.8.a
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01247.0006/984569.1
PUBLIC WORKS AGREEMENT
By and Between
CITY OF GRAND TERRACE
and
BWW & COMPANY INC.
D.8.b
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01247.0006/984569.1
AGREEMENT FOR PUBLIC WORKS SERVICES
BETWEEN THE CITY OF GRAND TERRACE AND
BWW & COMPANY INC.
This AGREEMENT FOR PUBLIC WORKS SERVICES BETWEEN THE CITY OF
GRAND TERRACE AND BWW & COMPANY INC. (herein “Agreement”) is made and entered
into this 28th day of May, 2024 by and between the City of GRAND TERRACE, a California
municipal corporation (“City”) and BWW & COMPANY INC, a California corporation.
(“Contractor”). City and Contractor may be referred to, individually or collectively, as “Party” or
“Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Article 1 of this Agreement.
B. Contractor, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article 1 of this Agreement, was selected by the City
to perform those services.
C. Pursuant to the City of Grand Terrace Municipal Code, City has authority to enter
into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of those
services defined and described particularly in Article 1 of this Agreement and desire that the terms
of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made
by the Parties and contained herein and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
ARTICLE 1. WORK OF CONTRACTOR
1.1 Scope of Work.
In compliance with all terms and conditions of this Agreement, the Contractor shall
provide those services specified in the “Scope of Work” attached hereto as Exhibit “A” and
incorporated herein by this reference, which may be referred to herein as the “services” or “work”
hereunder. As a material inducement to the City entering into this Agreement, Contractor
represents and warrants that it has the qualifications, experience, and facilities necessary to
properly perform the work required under this Agreement in a thorough, competent, and
professional manner, and is experienced in performing the work and services contemplated herein.
Contractor shall at all times faithfully, competently and to the best of its ability, experience and
talent, perform all services described herein. Contractor covenants that it shall follow the highest
professional standards in performing the work and services required hereunder and that all
D.8.b
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materials will be both of good quality as well as fit for the purpose intended. For purposes of this
Agreement, the phrase “highest professional standards” shall mean those standards of practice
recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 BidContract Documents.
The Scope of Work shall include the “General Provisions” and “Special Provisions”
in the Bid Documents for the project entitled “Barton Rd. Guardrail Removal and Replacement
Services Project” (“Project”), including any documents or exhibits referenced therein (collectively,
“Bid Documents”), all of which are incorporated herein by this reference. In the event of any
inconsistency between the terms of the Bid Documents and this Agreement, the terms of this
Agreement shall govern. The Scope of Work shall include the “General Provisions” and “Special
Provisions” contained in as provided in this Agreement, all of which are incorporated herein by
this reference. In the event of any inconsistency between the terms of the bid documents and this
Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services
hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the
City and any Federal, State or local governmental entity having jurisdiction in effect at the time
service is rendered.
1.4 Incorporation of Green Book.
The provisions of the 2021 Edition of the Standard Specifications for Public
Works Construction, as updated by errata, (“Greenbook”) are incorporated herein, except as
explicitly modified by the Bid Documents. In the event of any conflict between the provisions of
the Greenbook and this Agreement, the terms of this Agreement shall govern.
1.41.5 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be
performed under this Agreement is a “public work” as defined in California Labor Code Section
1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter
1 (commencing with Section 1720) of the California Labor Code relating to public works contracts
and the rules and regulations established by the Department of Industrial Relations (“DIR”)
implementing such statutes. The work performed under this Agreement is subject to compliance
monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by
regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the
extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of
the prevailing rate of per diem wages are on file at City Hall and will be made available to any
interested party on request. By initiating any work under this Agreement, Contractor acknowledges
receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing
rate of per diem wages, and Contractor shall post a copy of the same at each job site where work
is performed under this Agreement.
Formatted: Indent: First line: 1", No bullets or numbering
D.8.b
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(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall
comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning
the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing
wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each
calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined
by the DIR for the work or craft in which the worker is employed for any public work done
pursuant to this Agreement by Contractor or by any subcontractor.
(d) Payroll Records. Contractor shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep
accurate payroll records and verify such records in writing under penalty of perjury, as specified
in Section 1776; certify and make such payroll records available for inspection as provided by
Section 1776; and inform the City of the location of the records.
(e) Apprentices. Contractor shall comply with and be bound by the
provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations
Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall
provide City with a copy of the information submitted to any applicable apprenticeship program.
Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of
its subcontractors shall submit to the City a verified statement of the journeyman and apprentice
hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8)
hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor
Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be
bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work
excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for
each worker employed in the performance of this Agreement by the Contractor or by any
subcontractor for each calendar day during which such worker is required or permitted to work
more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week
in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant
to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8)
hours per day, and forty (40) hours during any one week shall be permitted upon public work upon
compensation for all hours worked in excess of 8 hours per day at not less than one and one-half
(1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and
3700 provide that every employer will be required to secure the payment of compensation to its
employees if it has employees. In accordance with the provisions of California Labor Code Section
1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
D.8.b
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undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract.”
Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors. For every
subcontractor who will perform work under this Agreement, Contractor shall be responsible for
such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section
1720) of the California Labor Code, and shall make such compliance a requirement in any contract
with any subcontractor for work under this Agreement. Contractor shall take all actions necessary
to enforce such contractual provisions and ensure subcontractor's compliance, including without
limitation, conducting a review of the certified payroll records of the subcontractor on a periodic
basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the
specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or
rectify any such failure by any subcontractor.
1.51.6 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits,
registrations, and approvals as may be required by law for the performance of the services required
by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and
taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are
necessary for the Contractor’s performance of the services required by this Agreement, and shall
indemnify, defend and hold harmless City, its officers, employees or agents of City, against any
such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City
hereunder.
1.61.7 Familiarity with Work.
(a) By executing this Agreement, Contractor warrants that Contractor
(i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully
considered how the services should be performed, and (iii) fully understands the facilities,
difficulties and restrictions attending performance of the services under this Agreement. If the
services involve work upon any site, Contractor warrants that Contractor has or will investigate
the site and is or will be fully acquainted with the conditions there existing, prior to commencement
of services hereunder.
(b) Contractor shall promptly, and before the following conditions are
disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous
waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class
I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent
conditions, materially different from those indicated; or (iii) unknown physical conditions at the
site of any unusual nature, different from those ordinarily encountered and generally recognized
as inherent in work of the character provided for in this Agreement, and will materially affect the
performance of the services hereunder. Should Contractor discover any latent or unknown
conditions, which will materially affect the performance of the services hereunder, Contractor shall
D.8.b
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immediately inform City of such fact and shall not proceed except at Contractor’s sole risk until
written instructions are received from the Contract Officer.
(c) City shall promptly investigate the conditions, and if it finds that
the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase
in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a
change order per Section 1.110 of this Agreement.
(d) In the event that a dispute arises between City and Contractor
whether the conditions materially differ, or involve hazardous waste, or cause a decrease or
increase in Contractor's cost of, or time required for, performance of any part of the work,
Contractor shall not be excused from any scheduled completion date set, but shall proceed with all
work to be performed under the Agreement. Contractor shall retain any and all rights provided
either by contract or by law, which pertain to the resolution of disputes and protests between the
contracting Pparties.
(e) City will compensate Contractor to the extent required by
Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement.
1.71.8 Protection and Care of Work and Materials.
The Contractor shall adopt reasonable methods, including providing and
maintaining storage facilities, during the life of the Agreement to furnish continuous protection to
the work, and the equipment, materials, papers, documents, plans, studies and/or other components
thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or
property, until acceptance of the work by City, except such losses or damages as caused by City’s
own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall
not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials
which have been installed or delivered and which may be necessary for the completion of the work.
1.81.9 Warranty.
Contractor warrants all work under the Agreement (which for purposes of this
Section shall be deemed to include unauthorized work which has not been removed and any
non-conforming materials incorporated into the work) to be of good quality and free from any
defective or faulty material and workmanship. Contractor agrees that for a period of one (1) year
(or the period of time specified elsewhere in the Agreement or in any guarantee or warranty
provided by any manufacturer or supplier of equipment or materials incorporated into the work,
whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after
being notified in writing by the City of any defect in the work or non-conformance of the work to
the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms
of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City
in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair,
remove and replace any portions of the work (or work of other contractors) damaged by its
defective work or which becomes damaged in the course of repairing or replacing defective work.
For any work so corrected, Contractor's obligation hereunder to correct defective work shall be
reinstated for an additional one year period, commencing with the date of acceptance of such
D.8.b
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corrected work. Contractor shall perform such tests as the City may require to verify that any
corrective actions, including, without limitation, redesign, repairs, and replacements comply with
the requirements of the Agreement. All costs associated with such corrective actions and testing,
including the removal, replacement, and reinstitution of equipment and materials necessary to gain
access, shall be the sole responsibility of the Contractor. All warranties and guarantees of
subcontractors, suppliers and manufacturers with respect to any portion of the work, whether
express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless
of whether or not such warranties and guarantees have been transferred or assigned to the City by
separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary,
on behalf of the City. In the event that Contractor fails to perform its obligations under this Section,
or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of
the City, the City shall have the right to correct and replace any defective or non-conforming work
and any work damaged by such work or the replacement or correction thereof at Contractor's sole
expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred
hereunder upon demand.
1.91.10Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all instruments,
prepare all documents and take all actions as may be reasonably necessary to carry out the purposes
of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of
the other.
1.101.11 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the
services, without invalidating this Agreement, to order extra work beyond that specified in the
Scope of Work or make changes by altering, adding to or deducting from said work. No such extra
work may be undertaken unless a written change order is first given by the Contract Officer to the
Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to
perform this Agreement, which said adjustments are subject to the written approval of the
Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract
Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the
Contract Sum or any increase in the time to perform of up to one hundred eighty (180) days; and
does not materially affect the Work and which are not detrimental to the Work or to the interest of
the City, may be approved by the Contract Officer. Any greater increases, taken either separately
or cumulatively, must be approved by the City Council.
(c) Any adjustment in the Contract Sum for a Change Order must be in
accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in
the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such
work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract
Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work
of the Change Order completed, to the satisfaction of the City, as follows:
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D.8.b
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(i) Labor: the cost of labor shall be the actual cost for wages of
workers and subcontractors performing the work for the Change Order at the time such work is
done. The use of labor classifications that would increase the cost of such work shall not be
permitted.
(ii) Materials and Equipment: the cost of materials and
equipment shall be at cost to Contractor or lowest current price which such materials and
equipment are reasonably available at the time the work is done, whichever is lower.
(iii) If the cost of the extra work cannot be agreed upon, the
Contractor must provide a daily report that includes invoices for labor, materials and equipment
costs for the work under the Change Order. The daily report must include: list of names of workers,
classifications, and hours worked; description and list of quantities of materials used; type of
equipment, size, identification number, and hours of operation, including loading and
transportation, if applicable; description of other City authorized services and expenditures in such
detail as the City may require. Failure to submit a daily report by the close of the next working day
may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day.
(d) It is expressly understood by Contractor that the provisions of this
Section 1.110 shall not apply to services specifically set forth in the Scope of Work. Contractor
hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope
of Work may be more costly or time consuming than Contractor anticipates and that Contractor
shall not be entitled to additional compensation therefor. City may in its sole and absolute
discretion have similar work done by other contractors.
(e) No claim for an increase in the Contract Sum or time for
performance shall be valid unless the procedures established in this Section are followed.
1.111.12 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part
hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated
herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any
other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor
the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for actual
expenses, shall not exceed Thirty-Nnine Tthousand Sseven Huhundred Ffifty Ddollars/and No
Cents ($39,750.00) (the “Contract Sum”), unless additional compensation is approved pursuant
to Section 1.110.
D.8.b
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2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon
completion; (ii) payment in accordance with specified tasks or the percentage of completion of the
services less the contract retention; (iii) payment for time and materials based upon the
Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates
are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the
Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of
Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures
for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer
in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Contractor at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall
not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work
performed and expenses incurred during the preceding month in a form approved by City’s
Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is
certifying compliance with all provisions of the Agreement. The invoice shall contain all
information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses
by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and
sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories.
Contractor shall not invoice City for any duplicate services performed by more than one person.
City shall, as soon as practicable, independently review each invoice submitted by
the Contractor to determine whether the work performed and expenses incurred are in compliance
with the provisions of this Agreement. Except as to any charges for work performed or expenses
incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause
Contractor to be paid within forty-five (45) thirty (30) days of receipt of Contractor’s correct and
undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run
procedures, the City cannot guarantee that payment will occur within this time period. In the event
that City does not cause Contractor to be paid within forty-five (45) thirty (30) days of receipt of
an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of
interest to the extent allowed under Public Contract Code Section 20104.50. In the event any
charges or expenses are disputed by City, the original invoice shall be returned by City to
Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission.
Returned invoices shall be accompanied by a document setting forth in writing the reasons why
the payment request was rejected. Review and payment by the City of any invoice provided by the
D.8.b
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Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable
law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall
not be deemed to waive any defects in work performed by Contractor.
2.6 Substitution of Securities.
(a) In conformance with the State of California Public Contract Code, Part 5,
Section 22300, Contractor may substitute securities for any monies withheld by City to ensure
performance under this Agreement.
2.5 (b) At the request and expense of Contractor, Contractor has the option
of establishing an escrow account with a state or federally chartered bank which shall serve as an
escrow agent, for Contractor’s direct deposit of securities as a substitute for retention earnings
required to be withheld by City. Upon Contractor’s completion of its obligations hereunder, as
evidenced by City’s acceptance of the work pursuant to Section 3.3 hereof, the escrow agent shall
return the securities to Contractor. The escrow agent shall notify City within ten (10) days after
deposit of the securities. The market value of the securities at the time of the substitution shall be
at least equal to the cash amount then required to be withheld as retention. Securities shall be held
in the name of City and shall designate Contractor as the beneficial owner. Alternatively, on
written request of Contractor, City shall make payments of the retention earnings directly to the
escrow account.Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Contractor.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of
a written notice to proceed and shall perform all services within the time period(s) established in
the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
reference. When requested by the Contractor, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
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D.8.b
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unforeseeable causes beyond the control and without the fault or negligence of the Contractor,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires,
earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within
ten (10) days of the commencement of such delay notify the Contract Officer in writing of the
causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and
extend the time for performing the services for the period of the enforced delay when and if in the
judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall
be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled
to recover damages against the City for any delay in the performance of this Agreement, however
caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Inspection and Final Acceptance.
City may inspect and accept or reject any of Contractor’s work under this
Agreement, either during performance or when completed. City shall reject or finally accept
Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a
timely written acceptance, otherwise work shall be deemed to have been rejected. City’s
acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such
gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver
of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining
to warranty and indemnification and insurance, respectively.
3.5 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this
Agreement shall continue in full force and effect until completion of the services but not exceeding
one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance
(Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor (“Principals”) are hereby designated as
being the principals and representatives of Contractor authorized to act in its behalf with respect
to the work specified herein and make all decisions in connection therewith:
Mary F. Wilson President/CEO
It is expressly understood that the experience, knowledge, capability and reputation
of the foregoing Principals were a substantial inducement for City to enter into this Agreement.
Therefore, the Principals shall be responsible during the term of this Agreement for directing all
D.8.b
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activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive
direction and control of the Principals. For purposes of this Agreement, the Principals may not be
replaced nor may their responsibilities be substantially reduced by Contractor without the express
written approval of City. Additionally, Contractor shall make every reasonable effort to maintain
the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform
the services required under this Agreement. Contractor shall notify City of any changes in
Contractor’s staff and subcontractors, if any, assigned to perform the services required under this
Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any
obligation, debt or liability of any kind on behalf of or against City, whether by contract or
otherwise, unless such authority is expressly conferred under this Agreement or is otherwise
expressly conferred in writing by City. Contractor shall not at any time or in any manner represent
that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials,
officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers,
employees or agents, shall obtain any rights to retirement, health care or any other benefits which
may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the City Manager or such person as may be designated
by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer
is kept informed of the progress of the performance of the services and the Contractor shall refer
any decisions which must be made by City to the Contract Officer. Unless otherwise specified
herein, any approval of City required hereunder shall mean the approval of the Contract Officer.
The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all
documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner,
mode or means by which Contractor, its agents or employees, perform the services required herein,
except as otherwise set forth herein. City shall have no voice in the selection, discharge,
supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing
their number, compensation or hours of service. Contractor shall perform all services required
herein as an independent contractor of City and shall remain at all times as to City a wholly
independent contractor with only such obligations as are consistent with that role. Contractor shall
not at any time or in any manner represent that it or any of its agents or employees are agents or
employees of City. City shall not in any way or for any purpose become or be deemed to be a
partner of Contractor in its business or otherwise or a joint venturer or a member of any joint
enterprise with Contractor.
D.8.b
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4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals
and employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Contractor shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. All subcontractors shall
obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including
from the City) as may be required by law for the performance of any services or work under this
Agreement. In addition, neither this Agreement nor any interest herein may be transferred,
assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for
the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted
hereunder shall include the transfer to any person or group of persons acting in concert of more
than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all
transfers into account on a cumulative basis. In the event of any such unapproved transfer,
including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall
release the Contractor or any surety of Contractor of any liability hereunder without the express
consent of City.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
Without limiting Contractor’s indemnification of City, and prior to commencement
of any services under this Agreement, Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and amounts described
below and in a form satisfactory to City.
(a) General liability insurance. Contractor shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in
an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily
injury, personal injury, and property damage. The policy must include contractual liability that has
not been amended. Any endorsement restricting standard ISO “insured contract” language will not
be accepted.
(b) Automobile liability insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and
property damage for all activities of the Contractor arising out of or in connection with Services
to be performed under this Agreement, including coverage for any owned, hired, non-owned or
rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Contractor shall
maintain professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and Contractor agrees to maintain continuous coverage through a period no less than
three (3) years after completion of the services required by this Agreement.
D.8.b
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(d) Workers’ compensation insurance. Contractor shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at
least $1,000,000).
(e) Subcontractors. Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Contractor shall provide certificates of insurance to City
as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers’ compensation. Insurance certificates and endorsements must be
approved by City’s Risk Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
(b) Duration of coverage. Contractor shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Services hereunder by
Contractor, its agents, representatives, employees or subcontractors.
(c) Primary/noncontributing. Coverage provided by Contractor shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination of
primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City’s own insurance or self-insurance shall
be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain the insurance it deems necessary and any premium
paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient
to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance or
that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned
policyholders’ Rating of “A”- (or higher) and Financial Size Category Class VI (or larger) in
accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the
City’s Risk Manager.
Formatted: Underline
D.8.b
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(f) Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Contractor or others providing insurance evidence in compliance with these specifications to waive
their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against
City, and shall require similar written express waivers and insurance clauses from each of its
subcontractors.
(g) Enforcement of contract provisions (non-estoppel). Contractor
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Contractor of non-compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a given issue and
is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or
a waiver of any type. If the Contractor maintains higher limits than the minimums shown above,
the City requires and shall be entitled to coverage for the higher limits maintained by the
Contractor. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
(i) Notice of cancellation. Contractor agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall
be additional insureds under such policies. This provision shall also apply to any excess/umbrella
liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer’s limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Contractor agrees to ensure that its subcontractors and
any other party involved with the project who is brought onto or involved in the project by
Contractor, provide the same minimum insurance coverage and endorsements required of
Contractor. Contractor agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the requirements of
D.8.b
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this section. Contractor agrees that upon request, all agreements with subcontractors and others
engaged in the project will be submitted to City for review.
(n) Agency’s right to revise specifications. The City reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by
giving the Contractor ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Contractor, the City and Contractor may renegotiate
Contractor’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and
approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
(p) Timely notice of claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Contractor’s performance
under this Agreement, and that involve or may involve coverage under any of the required liability
policies.
(q) Additional insurance. Contractor shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own judgment may be necessary
for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and
hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will
hold and save them and each of them harmless from, any and all actions, either judicial,
administrative, arbitration or regulatory claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims
or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein of
Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity
for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’
reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance
of or failure to perform any term, provision, covenant or condition of this Agreement, and in
connection therewith:
(a) Contractor will defend any action or actions filed in connection with
any of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys’ fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the
City, its officers, agents or employees for any such claims or liabilities arising out of or in
connection with the negligent performance of or failure to perform such work, operations or
activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers,
agents, and employees harmless therefrom;
D.8.b
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(c) In the event the City, its officers, agents or employees is made a
party to any action or proceeding filed or prosecuted against Contractor for such damages or other
claims arising out of or in connection with the negligent performance of or failure to perform the
work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its
officers, agents or employees, any and all costs and expenses incurred by the City, its officers,
agents or employees in such action or proceeding, including but not limited to, legal costs and
attorneys’ fees.
In addition, Contractor agrees to indemnify, defend and hold harmless the
Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights,
copyrights or trademark on any person or persons in consequence of the use by the Indemnified
Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor
is not the patentee or assignee or has not the lawful right to sell the same.
Contractor shall incorporate similar indemnity agreements with its subcontractors
and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore,
and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Contractor in the performance of professional
services and work hereunder. The provisions of this Section do not apply to claims or liabilities
occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent
permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence,
except that design professionals’ indemnity hereunder shall be limited to claims and liabilities
arising out of the negligence, recklessness or willful misconduct of the design professional. The
indemnity obligation shall be binding on successors and assigns of Contractor and shall survive
termination of this Agreement.
5.4 Notification of Third-Party Claims.
City shall timely notify Contractor of the receipt of any third-party claim
relating to the work under this Agreement. City shall be entitled to recover from Contractor its
reasonable costs incurred in providing such notification.
5.5 Performance and Labor Bonds.
Concurrently with execution of this Agreement, Contractor shall deliver to
the City the following:
(a) A performance bond in the amount of the Contract Sum of
this Agreement, in the form provided by the City Clerk, which secures the faithful performance of
this Agreement (“Performance Bond”).
(b) A labor and materials bond in the amount of the Contract
Sum of this Agreement, in the form provided by the City Clerk, which secures the payment of all
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D.8.b
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persons furnishing labor and/or materials in connection with the work under this Agreement
(“Labor Bond”).
Both the Performance Bond and Labors Bond required under this Section
5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed
thereto shall be a certified and current copy of his power of attorney. The bonds shall be
unconditional and remain in force during the entire term of the Agreement and shall be null and
void only if Contractor promptly and faithfully performs all terms and conditions of this
Agreement and pays all labor and materials for work and services under this Agreement. The bonds
shall be in the form as provided in Exhibits “A-2” and “A-3” as applicable.
5.6 Sufficiency of Insurer or Surety
Insurance and bonds required by this Agreement shall be satisfactory only
if issued by companies qualified to do business in California, rated “A” or better in the most recent
edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they
are of a financial category Class VII or better, unless such requirements are waived by the Risk
Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues
for more than three (3) years duration, or in the event the Risk Manager determines that the work
or services to be performed under this Agreement creates an increased or decreased risk of loss to
City, Contractor agrees that the minimum limits of the insurance policies and the performance
bond required by Section 5.5 may be changed accordingly upon receipt of written notice from the
Risk Manager.
5.7 Substitution of Securities.
Pursuant to Public Contract Code Section 22300, substitution of eligible
equivalent securities for any funds withheld to ensure performance under this Agreement may be
permitted at the request and sole expense of Contractor. Alternatively, Contractor may, pursuant
to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request
payment of retentions funds earned directly to the escrow agent at the sole expense of Contractor.
5.8 Release of Securities.
City shall release the performance bond and payment bond when the following have
occurred:
(a) Contractor has made a written request for release and provided evidence of
satisfaction of all other requirements under Article 5 of this Agreement;
(b) the Work has been accepted; and
(c) after passage of the time within which lien claims are required to be
made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the payment
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D.8.b
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bond until such claims have been resolve, Contractor has provided statutory bond, or otherwise as
required by applicable law.
5.4 Notification of Third-Party Claims.
City shall timely notify Contractor of the receipt of any third-party claim relating to the work under
this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in
providing such notification.
5.5 Bonds
Concurrently with execution of this Agreement, Contractor shall deliver to the City all of the
following bonds if the Contract Sum should exceed $25,000:
(a) A performance bond securing the faithful performance of this Agreement, in an amount
not less than 100% of the total compensation for this Agreement, as stated in Section 2.1.
(b) A payment bond, securing the payment of all persons furnishing labor and/or materials in
connection with the work under this Agreement, in an amount not less than 100% of the total
compensation for this Agreement, as stated in Section 2.1.
(c) All bonds shall be on the applicable forms provided in Exhibit “A-2” and Exhibit “A-3”
attached hereto and made part hereof. The bonds shall each contain the original notarized signature
of an authorized officer of the surety and affixed thereto shall be a certified and current copy of
his/her power of attorney. The bonds shall be unconditional and remain in force during the entire
term of the Agreement until released pursuant to Section 5.7 hereof.
5.6 Sufficiency of Insurer or Surety
Insurance and bonds required by this Agreement shall be satisfactory only if issued
by companies qualified to do business in California, rated “A” or better in the most recent edition
of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a
financial category Class VII or better. If the City determines that the work to be performed under
this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that
the minimum limits of the insurance policies and the bonds may be changed accordingly upon
receipt of written notice from the City’s Risk Manager.
5.7 Release of Securities.
City shall release the performance bond and payment bond when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of
all other requirements under Article 5 of this Agreement;
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D.8.b
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(b) the work contemplated by this Agreement has been accepted by the City; and
(c) after passage of the time within which lien claims are required to be made pursuant to
applicable laws; if lien claims have been timely filed, City shall hold the payment bond until such
claims have been resolve, Contractor has provided statutory bond, or otherwise as required by
applicable law.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of
payroll records in compliance with all applicable laws, or other documents relating to the
disbursements charged to City and services performed hereunder (the “books and records”), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete and
detailed. The Contract Officer shall have full and free access to such books and records at all times
during normal business hours of City, including the right to inspect, copy, audit and make records
and transcripts from such records. Such records shall be maintained for a period of three (3) years
following completion of the services hereunder, and the City shall have access to such records in
the event any audit is required. In the event of dissolution of Contractor’s business, custody of the
books and records may be given to City, and access shall be provided by Contractor’s successor
in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in
providing access to the books and records if a public records request is made and disclosure is
required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such
reports concerning the performance of the services required by this Agreement as the Contract
Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the
cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor
agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that
may or will materially increase or decrease the cost of the work or services contemplated herein
or, if Contractor is providing design services, the cost of the project being designed, Contractor
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Contractor is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data,
notes, computer files, reports, records, documents and other materials (the “documents and
materials”) prepared by Contractor, its employees, subcontractors and agents in the performance
of this Agreement shall be the property of City and shall be delivered to City upon request of the
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D.8.b
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Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim
for further employment or additional compensation as a result of the exercise by City of its full
rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use,
reuse or assignment of such completed documents for other projects and/or use of uncompleted
documents without specific written authorization by the Contractor will be at the City’s sole risk
and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to
such use, reuse or assignment. Contractor may retain copies of such documents for its own use.
Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors
shall provide for assignment to City of any documents or materials prepared by them, and in the
event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages
resulting therefrom. Moreover, Contractor with respect to any documents and materials that may
qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are
hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) Information gained or work product produced by Contractor in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Contractor. Contractor shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall
not, without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions,
response to interrogatories or other information concerning the work performed under this
Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided
Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of
Contractor, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Contractor for any damages, costs and
fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct.
(d) Contractor shall promptly notify City should Contractor, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under. City retains the right, but has no obligation, to represent Contractor or be present at
any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and
to provide City with the opportunity to review any response to discovery requests provided by
Contractor. However, this right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
D.8.b
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ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and
to performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of San Bernardino, State of California, or any other
appropriate court in such county, and Contractor covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of San
Bernardino, State of California.
7.2 Disputes.
(a) Default; Cure. In the event that Contractor is in default under the
terms of this Agreement, the City shall not have any obligation or duty to continue compensating
Contractor for any work performed after the date of default. Instead, the City may give notice to
Contractor of the default and the reasons for the default. The notice shall include the timeframe in
which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may
be extended, though not reduced, if circumstances warrant. During the period of time that
Contractor is in default, the City shall hold all invoices and shall proceed with payment on the
invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect
to pay some or all of the outstanding invoices during the period of default. If Contractor does not
cure the default, the City may take necessary steps to terminate this Agreement under this Article.
Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed
to result in a waiver of the City’s legal rights or any rights arising out of any provision of this
Agreement.
(b) Dispute Resolution. This Agreement is subject to the provisions of
Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract
Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates
certain procedures for the filing of claims and supporting documentation by the Contractor, for the
response to such claims by the City, for a mandatory meet and confer conference upon the request
of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and
for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This
Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear
D.8.b
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to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of City
to exercise such right to deduct or to withhold shall not, however, affect the obligations of the
Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in
this Agreement, the rights and remedies of the parties are cumulative and the exercise by either
party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other Pparty.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in
law or in equity, to cure, correct or remedy any default, to recover damages for any default, to
compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to
obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any
contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905
et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this
Agreement would be extremely difficult or impractical to determine in the event of a breach of
this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum
of Five Hundred Dollars ($500) as liquidated damages for each working day of delay in the
performance of any service required hereunder, as specified in the Schedule of Performance
(Exhibit “D”). The City may withhold from any monies payable on account of services performed
by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215,
Contractor shall not be assessed liquidated damages for delay in completion of the project when
such delay was caused by the failure of the public agency or owner of the utility to provide for
removal or relocation of utility facilities.
D.8.b
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7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically
provided in the following Section for termination for cause. The City reserves the right to terminate
this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor,
except that where termination is due to the fault of the Contractor, the period of notice may be
such shorter time as may be determined by the Contract Officer. In addition, the Contractor
reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60)
days’ written notice to City, except that where termination is due to the fault of the City, the period
of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of
termination, Contractor shall immediately cease all services hereunder except such as may be
specifically approved by the Contract Officer. Except where the Contractor has initiated
termination, the Contractor shall be entitled to compensation for all services rendered prior to the
effective date of the notice of termination and for any services authorized by the Contract Officer
thereafter in accordance with the Schedule of Compensation or such as may be approved by the
Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated
termination, the Contractor shall be entitled to compensation only for the reasonable value of the
work product actually produced hereunder. In the event of termination without cause pursuant to
this Section, the terminating party need not provide the non-terminating party with the opportunity
to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under
this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work
and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable
to the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such
damages), and City may withhold any payments to the Contractor for the purpose of set-off or
partial payment of the amounts owed the City as previously stated.
7.10 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to
any action or proceeding in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s
fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed
to have accrued on commencement of such action and shall be enforceable whether or not such
action is prosecuted to judgment.
7.11 Unfair Business Practices Claims.
In entering into this Agreement, Contractor offers and agrees to assign to the City
all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton
D.8.b
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Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700)
of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods,
services or materials related to this Agreement. This assignment shall be made and become
effective at the time the City renders final payment to the Contractor without further
acknowledgment of the Parties.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
8.1 No officer or employee of the City shall be personally liable to the
Contractor, or any successor in interest, in the event of any default or breach by the City or for any
amount which may become due to the Contractor or to its successor, or for breach of any obligation
of the terms of this Agreement.Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or
any successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Contractor or to its successor, or for breach of any obligation of the terms
of this Agreement.
8.1 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the
interests of City or which would in any way hinder Contractor’s performance of services
under this Agreement. Contractor further covenants that in the performance of this
Agreement, no person having any such interest shall be employed by it as an officer,
employee, agent or subcontractor without the express written consent of the Contract
Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of
any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating
to the Agreement which effects his financial interest or the financial interest of any
corporation, partnership or association in which he is, directly or indirectly, interested, in
violation of any State statute or regulation. The Contractor warrants that it has not paid or
given and will not pay or give any third party any money or other consideration for
obtaining this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or
shall acquire any interest, directly or indirectly, which would conflict in any manner with the
interests of City or which would in any way hinder Contractor’s performance of services under
this Agreement. Contractor further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Contractor agrees to at all times avoid
Formatted: Indent: First line: 1", No bullets or numbering
Formatted: Indent: Left: 0.5", First line: 0"
Formatted: Level 2, Indent: Left: 0.5"
D.8.b
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01247.0006/984569.1
conflicts of interest or the appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct
or indirect, in this Agreement nor shall any such officer or employee participate in any decision
relating to the Agreement which effects his financial interest or the financial interest of any
corporation, partnership or association in which he is, directly or indirectly, interested, in violation
of any State statute or regulation. The Contractor warrants that it has not paid or given and will not
pay or give any third party any money or other consideration for obtaining this Agreement.
8.28.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all
persons claiming under or through them, there shall be no discrimination against or segregation
of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry, or other protected class in the performance of
this Agreement. Contractor shall take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, color, creed, religion,
sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.
8.38.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the
Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions
imposed, together with any and all costs, including attorneys' fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication
either party desires or is required to give to the other party or any other person shall be in writing
and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City
Manager and to the attention of the Contract Officer (with her/his name and City title), City of
Grand Terrace, 22795 Barton Road, Grand Terrace, California 92313, and in the case of the
Contractor, to the person at the address designated on the execution page of this Agreement. Either
party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated at the time personally delivered or in seventy-two (72)
hours from the time of mailing if mailed as provided in this Section. All correspondence relating
to this Agreement shall be serialized consecutively.
Formatted: Indent: First line: 1", No bullets or numbering
D.8.b
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9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of
the language used and shall not be construed for or against either party by reason of the authorship
of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts and Electronic Signatures.
This Agreement may be executed in two or more counterparts, each of which when
so executed shall be deemed to be an original and all of which when taken together shall constitute
one and the same instrument. The words “execution,” “signed,” “signature,” and words of like
import in this Agreement or in any other certificate, agreement or document related to this
Agreement, shall include images of manually executed signatures transmitted by facsimile or other
electronic format (including, without limitation, “pdf”, “tif” or “jpg”) and other electronic
signatures (including, without limitation, DocuSign and AdobeSign). The use of electronic
signatures and electronic records (including, without limitation, any contract or other record
created, generated, sent, communicated, received, or stored by electronic means) shall be of the
same legal effect, validity and enforceability as a manually executed signature or use of a paper-
based record-keeping system to the fullest extent permitted by applicable law, including the
Federal Electronic Signatures in Global and National Commerce Act, the California Uniform
Electronic Transactions Act and any other applicable law, including, without limitation, any state
law based on the Uniform Electronic Transactions Act or the Uniform Commercial Code.This
Agreement may be executed in counterparts, each of which shall be deemed to be an original, and
such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and
exclusive expression of the understanding of the parties. It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and this Agreement supersedes
and cancels any and all previous negotiations, arrangements, agreements and understandings, if
any, between the parties, and none shall be used to interpret this Agreement. No amendment to or
modification of this Agreement shall be valid unless made in writing and approved by the
Contractor and by the City Council. The parties agree that this requirement for written
modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall
not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its invalidity deprives either
party of the basic benefit of their bargain or renders this Agreement meaningless.
D.8.b
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9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect,
in this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in
violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
“financial interest” shall be consistent with State law and shall not include interests found to be
“remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration, or
other thing of value as a result or consequence of obtaining or being awarded any agreement.
Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s),
or other conduct or collusion that would result in the payment of any money, consideration, or
other thing of value to any third party including, but not limited to, any City official, officer, or
employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is
aware of and understands that any such act(s), omission(s) or other conduct resulting in such
payment of money, consideration, or other thing of value will render this Agreement void and of
no force or effect. Nor shall any such officer or employee participate in any decision relating to
the Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation, including but not limited to the Political Reform Act (Government Code
Sections 81000, et seq.).
Contractor’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that
(i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver
this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the Pparties.
[SIGNATURES ON FOLLOWING PAGE]
D.8.b
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-28-
01247.0006/984569.1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
City of Grand Terrace, a municipal corporation
_____________________________________
Konrad Bolowich, City Manager
ATTEST:
_____________________________________
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
_____________________________________
Adrian R. Guerra, City Attorney
CONTRACTOR:
BWW & COMPANY INC.
By:
___________________________________
Name: Mary F. Wilson
Title: President/CEO
By:
___________________________________
Name: TR Solomon Wilson
Title: Vice President
Address: 22400 Barton Rd 21-310
Grand Terrace, CA 92313
Two corporate officer signatures required when Contractor is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
Commented [SL1]: Pursuant to the below bold language, we
need a signatory of a different “group” – we need a secretary,
assistant secretary, CFO or Assistant Treasurer.
D.8.b
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01247.0006/984569.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same i n his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
D.8.b
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01247.0006/984569.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same i n his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
D.8.b
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A-1
EXHIBIT “A”
SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and
requirements in the “General Provisions” and “Special Provisions” included in the Bid
Documents for the project entitled the “Barton Rd. Guardrail Removal and Replacement
Services project” including any documents or exhibits referenced therein. The Bid
Documents shall include, but not be limited to, those bid specifications and documents
provided in Exhibit “A-1”.
II. Brief description of the work to be performed:
i. The Barton Rd. Guardrail Removal and Replacement Services project includes the
removal and replacement of damaged guardrail sections along the west side of
Barton Road, covering an approximate distance of 150 feet. The project aims to
upgrade existing guardrails to the new Midwest Guardrail System (wood post) to
meet Caltrans standards. This ensures compliance with Caltrans Chapter 4:
Construction Details, Section 83, which pertains to Railings and Barriers.
III. In addition to the requirements of Section 6.2, during performance of the work, Contractor
will keep City apprised of the status of performance by delivering status reports as may be
required by City from time to time.
IV. All work is subject to review and acceptance by City, and must be revised by Contractor
without additional charge to City until found satisfactory and accepted by City.
V. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic
in accordance with the Work Area Traffic Control Handbook (“WATCH”), latest edition.
Formatted: No underline
Formatted: Level 4, Outline numbered + Level: 4 +
Numbering Style: I, II, III, … + Start at: 1 + Alignment: Left
+ Aligned at: 0" + Tab after: 0.5" + Indent at: 0.5", Tab
stops: Not at 0.5"
Formatted: Font: Bold
D.8.b
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A-0
The Barton Rd. Guardrail Removal and Replacement Services project includes the removal and
replacement of damaged guardrail sections along the west side of Barton Road, covering an
approximate distance of 150 feet. The project aims to upgrade existing guardrails to the new
Midwest Guardrail System (wood post) to meet Caltrans standards. This ensures compliance with
Caltrans Chapter 4: Construction Details, Section 83, which pertains to Railings and Barriers.
EXHIBIT “A-1”
BID SPECIFICATIONS AND DOCUMENTS
Formatted: Justified
D.8.b
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D.8.b
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A-0
EXHIBIT “A-2”
PERFORMANCE BOND
We, _____________, a California corporation, as Principal, and ____________, as Surety, jointly
and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth
herein, to the City of Grand Terrace (“City”) for payment of the penal sum of ________ U.S.
Dollars and _______ Cents ($______). City and Principal have entered into an agreement, or are
about to enter into the agreement attached hereto and incorporated by reference herein, for
completion of public works for the property(ies) referenced in said agreement. Surety herein
approves of the terms and conditions of said agreement and binds itself to faithfully perform the
obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the
agreement herein referenced shall be that document as executed by City and Principal.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall in all things stand
to and abide by, and well and truly keep and perform all of the covenants, conditions, and
provisions in said agreement, and any alteration thereof made as therein provided, on Principal's
part to be kept and performed at the time and in the manner therein specified, and shall indemnify
and save harmless City, City’s engineer, and their consultants, and each of their officials, directors,
officers, employees and agents, as therein stipulated, then this obligation shall become null and
void; otherwise, it shall be and remain in full force and effect.
Surety agrees that should it fail to take over and diligently perform the agreement upon Principal's
default after notice and within the time specified in the agreement, Surety will promptly on demand
deposit with City such amount as City may reasonably estimate as the cost of completing all of
Principal's obligations. Surety's obligation for payment herein shall exist, notwithstanding any
controversy between Principal and City regarding Principal's failure under the agreement, and
payment by Surety should be conclusively presumed between the Parties herein to relieve, as
demanded, Surety's obligations herein and shall be deemed proper payment as between Principal
and Surety.
Surety agrees that no change, extension of time, alteration, or addition to the terms of the
agreement, or the work to be performed thereunder or the plans and specifications, or any matters
unknown to Surety which may affect Surety's risk shall in any wise affect its obligation on this
bond, and it does thereby waive notice thereof.
Principal and Surety agree that if City is required to engage the services of an attorney in
connection with the enforcement of this bond, each shall pay City's reasonable attorneys' fees
incurred, with or without suit, in addition to the above sum.
D.8.b
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A-1
Executed this day of _________, ____.
Seal of Corporation _____________
By:____________________________________
Authorized Representative of Principal
Title: _____________
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)
Any claims under this bond may be addressed to: (check one)
Surety's agent for service
of process in California: ( ) _____________________
[name of surety company]
_________________________ ____________________________________
Name Street Number
_________________________ ____________________________________
Street Number City and State
_________________________ ____________________________________
City and State Telephone Number
_________________________
Telephone Number
By:____________________________________
Attorney in Fact or other
Representative
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)
Furnish the name, address and phone number of the company agent as well as the surety company.
Sureties must be authorized to do business in and have an agent for service of process in California
and be on the accredited list of the United States Treasury Department (their bonds will be limited
to such amounts as would be acceptable to the Treasury Department), and otherwise meet the
requirements of the agreement.
Formatted: Justified
D.8.b
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D.8.b
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A-0
EXHIBIT “A-3”
PAYMENT BOND
We, __________, a California corporation, as Principal, and ____________, as Surety, jointly and
severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth
herein, to the City of Grand Terrace (“City”) and those for whose benefit this bond insures in the
sum of ___________U.S. Dollars and _____Cents ($_______). City and Principal have entered
into an agreement, or are about to enter into the agreement attached hereto and incorporated by
reference herein, for completion of public works for the property(ies) referenced in said agreement.
Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully
perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges
that the agreement herein referenced shall be that document as executed by City and Principal. If
Principal or any of Principal's contractors or subcontractors, fails to pay any of the persons named
in Section 9000 et seq. of the California Civil Code employed in the performance of the agreement
for materials furnished or for labor thereon of any kind, or for amounts due under the
Unemployment Insurance Code with respect to such work or labor, then Surety shall pay the same
in an amount not exceeding the sum specified above, and also shall pay, in case suit is brought
upon this bond, such reasonable attorneys' fees as shall be fixed by the court.
Surety agrees that it shall pay the amounts due the persons above named and diligently perform
the agreement upon Principal's default after notice and within the time specified in the agreement.
If Surety fails to perform within the times specified in the agreement, Surety shall promptly on
demand deposit with City such amount as City may reasonably estimate as the cost of completing
all of Principal's obligations. Surety's obligation for payment herein shall extend, notwithstanding
any controversy between Principal and City regarding Principal's failure under the agreement.
Principal and Surety agree that any payment by Surety pursuant to this paragraph should be
conclusively presumed between the Parties herein to relieve, as demanded, Surety's obligation
herein and shall be deemed proper payment as between Principal and Surety.
This bond shall insure to the benefit of any and all of the persons named in Section 9000 et seq. of
the California Civil Code so as to give a right of action to them or their assigns in any suit brought
upon this bond.
Surety agrees that no change, extension of time, alteration, or addition to the terms of the
agreement, or the work to be performed thereunder, or the plans and specifications, or any matters
unknown to Surety which might affect Surety's risk, shall in any way affect its obligation on this
bond, and it does hereby waive notice thereof.
Principal and Surety agree that should City become a party to any action on this bond, that each
will also pay City's reasonable attorneys' fees incurred therein in addition to the above sums.
D.8.b
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A-1
Executed this _____________ day of ___________, ______.
Seal of Corporation ______________
By:______________________________
Authorized Representative of Principal
Title: __________
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)
Any claims under this bond may be addressed to: (check one)
Surety's agent for service
of process in California: ( ) ________________
[name of surety]
_________________________ _____________________________
Name Street Number
_________________________ _____________________________
Street Number City and State
_________________________ _____________________________
City and State Telephone Number
_________________________
Telephone Number
By:_____________________________
Attorney in Fact or other
Representative
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)
Furnish the name, address and phone number of the company agent as well as the surety company.
Sureties must be authorized to do business in and have an agent for service of process in California
and be on the accredited list of the United States Treasury Department (their bonds will be limited
to such amounts as would be acceptable to the Treasury Department), and otherwise meet the
requirements of the agreement.
D.8.b
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B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Formatted: Justified
D.8.b
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C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. I. Consultant shall perform the Services in Exhibit A at the following rates:
II.
Item
No. DESCRIPTION Quantity Unit SUB-
BUDGET
1
2
3
TOTAL
II. A retention of ten percent (10%) shall be held from each payment as a contract
retention to be paid as part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the
Contract Officer, funds may be shifted from one item’s sub-budget to another so long as
the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per
Section 1.11.
IV. The City will compensate Consultant for the Services performed upon submission of a
valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and
travel properly charged to the Services.
VIII. The total compensation for the Services shall not exceed the Contract Sum as provided in
Section 2.1 of this Agreement..
Formatted: Font: Bold
Formatted: Normal, No bullets or numbering
Formatted: Font: Not Bold
Commented [SL2]: This is an incomplete exhibit, please
provide the rate sheet OR use the table that I have inserted into the
exhibit.
Formatted: Font: Not Bold
Commented [SL3]: If it is preferred, this table may also be used.
If it is not going to be used, please delete.
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numbering
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Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left +
Aligned at: 1.25" + Indent at: 1.5", Tab stops: 0.75", Left
+ Not at 1" + 1.5"
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D.8.b
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D.8.b
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D-2
EXHIBIT C-1
D.8.b
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D-3
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall commence performance of all Services within 3 business days of this
Agreement’s complete execution by the parties. Consultant shall further perform all
Services timely in accordance with the schedules to be developed by Consultant and subject
to the written approval of the Contract Officer.
II. In addition to any other tangible work products required by this Agreement, Consultant
shall deliver such tangible work products that the City may require from time to time.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
IV. The City in its sole discretion may extend the term of this Agreement in writing by two (2)
terms of one (1) year each.
Formatted: Left, Indent: Left: 0", First line: 0", Space
Before: 0 pt, After: 10 pt, Line spacing: Multiple 1.15 li,
Hyphenate, Tab stops: Not at 0" + 0.5" + 1" + 1.5" + 2"
+ 2.5" + 2.7" + 3"
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D.8.b
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AGENDA REPORT
MEETING DATE: May 28, 2024 Council Item
TITLE: Approval of an Agreement Between the City of Grand
Terrace and Superior Building Maintenance for Facility
Janitorial Services
PRESENTED BY: Shanita Tillman, Senior Management Analyst
RECOMMENDATION: 1. Approve an agreement between the City of Grand
Terrace and Superior Building Maintenance, LLC for facility
janitorial services for a term of 3 years with (2) 1 -year
extensions, with a maximum total annual cost of $57,684.
2. Authorize the City Manager to execute the agreement
subject to City Attorney approval as to form.
2030 VISION STATEMENT:
This staff report supports Goal #2 "Maintain Public Safety" by investing in critical
improvements to infrastructure.
BACKGROUND:
On October 24, 2017, the City Council approved a three-year contract with Moran
Janitorial Services for janitorial services at City Hall facilities and City parks. This
contract expired on October 24, 2020. An amendment to the contract on October 26,
2021, extended and increased Moran's contract term, which concluded on January 12,
2024.
During Moran’s contract term, staff experienced unsatisfactory service, including issues
such as failure to remove trash from offices, neglect of sweeping and mopping floors,
and missed service days. Some of these issues were observed by City residents who
were considering renting our Community Room
DISCUSSION:
To ensure continuous service during the procurement process, Moran Janitorial
Services was retained on a month-to-month basis until June 30, 2024, with plans for a
new contractor to commence services on July 1, 2024. On March 6th, a Request for
Proposals (RFP) was issued via the City website and Public Purchase, an online
municipal bidding site. The Public Works Department received four proposals by March
29th, as follows:
D.9
Packet Pg. 164
Vendor Amount
Moran Janitorial Services $41,148.00
Santa Fe Janitorial Services, Inc. $71,040.00
Sage Synergy Corporation $57,840.00
Superior Building Maintenance $57,684.00
The primary services requested by the City encompass janitorial services for various
facilities, including:
1. Civic Center Services (City Hall, Council Chambers, Community Room)
• Daily services Monday to Friday, including sweeping, mopping,
vacuuming, trash removal, and restroom cleaning.
• Weekly services for buffing floors, shampooing carpets, and thorough
dusting.
• Floor maintenance including daily mopping and periodic stripping/waxing
and carpet steam cleaning.
• Window cleaning and exterior services.
2. Civic Center Annex Building Services (Sheriff’s Office Space)
• Weekly services on Mondays for office areas, kitchen, and bathrooms.
3. Parks and Recreation Area Services
• Weekly services at specified parks and dog park, including opening
facilities, cleaning, restocking supplies, trash removal, and grounds
maintenance.
• Second walkthrough and additional restroom services at 1:00 p.m. on
weekends and holidays.
Following review and evaluation by three reviewers, Superior Building Maintenance
emerged as the preferred vendor based on service quality and proposal assessment,
despite Moran Janitorial Services offering the lowest bid. Superior Building
Maintenance, a certified women-owned business, demonstrates the capability to meet
the required scope of work.
Staff recommends that the City Council approve an Agreement with Superior Building
Maintenance for facility janitorial services for a term of 3 years, with two optional 1 -year
extensions, at an annual cost not to exceed $57,684.00. Authorization is sought for the
City Manager to execute the Agreement.
FISCAL IMPACT:
D.9
Packet Pg. 165
City staff has included a $57,684.00 budget allocation in the proposed FY2024 -25
budget for janitorial services that will be brought to the City Council June 11, 2024.
Account No. & Title Proposed Annual Cost
10-195-245-000
Maintenance of Buildings & Grounds $34,620.00
10-450-245-000 Contractual Services $23,064.00
TOTAL $57,684.00
ATTACHMENTS:
• Professional Services Agreement - Moran Janitorial Services (DOCX)
• SBM Agreement (DOCX)
APPROVALS:
Shanita Tillman Completed 05/17/2024 3:43 PM
Finance Skipped 05/20/2024 2:43 PM
City Manager Completed 05/21/2024 10:44 AM
City Council Pending 05/28/2024 6:00 PM
D.9
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1 | P a g e
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF GRAND TERRACE
and
MORAN JANITORIAL SERVICES, LLC
D.9.a
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2 | P a g e
AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF GRAND TERRACE AND
MORAN JANITORIAL SERVICES, LLC
This “AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY
OF GRAND TERRACE AND MORAN JANITORIAL SERVICES, LLC” (herein “Agreement”)
is made and entered into this __ day of ________, 2021 by and between the City of Grand Terrace,
a California municipal corporation (“City”) and MORAN JANITORIAL SERVICES, LLC, a
California Limited Liability Company (“Contractor”). City and Contractor are sometimes
hereinafter individually referred to as “Party” and hereinafter collectively referred to as the
“Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Article 1 of this Agreement.
B. Contractor, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article 1 of this Agreement, was selected by the City
to perform those services.
C. Pursuant to the City of Grand Terrace Municipal Code, City has authority to enter
into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of those
services defined and described particularly in Article 1 of this Agreement and desire that the terms
of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the
Parties and contained herein and other consideration, the value and adequacy of which are hereby
acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONTRACTOR
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Contractor shall provide
those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated
herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Contractor represents and
warrants that it has the qualifications, experience, and facilities necessary to properly perform the
services required under this Agreement in a thorough, competent, and professional manner, and is
experienced in performing the work and services contemplated herein. Contractor shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all services
described herein. Contractor covenants that it shall follow the highest professional standards in
performing the work and services required hereunder and that all materials will be both of good
D.9.a
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quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest
professional standards” shall mean those standards of practice recognized by one or more first-
class firms performing similar work under similar circumstances.
1.2 Contractor’s Proposal.
The Scope of Service shall include the Contractor’s scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement
shall govern.
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services hereunder in
accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as
may be required by law for the performance of the services required by this Agreement. Contractor
shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties
and interest, which may be imposed by law and arise from or are necessary for the Contractor’s
performance of the services required by this Agreement, and shall indemnify, defend and hold
harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes,
penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Contractor warrants that Contractor has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Contractor discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Contractor shall immediately inform
the City of such fact and shall not proceed except at Contractor’s risk until written instructions are
received from the Contract Officer.
1.6 Care of Work.
The Contractor shall adopt reasonable methods during the life of the Agreement to furnish
continuous protection to the work, and the equipment, materials, papers, documents, plans, studies
and/or other components thereof to prevent losses or damages, and shall be responsible for all such
damages, to persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City’s own negligence.
D.9.a
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1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all instruments,
prepare all documents and take all actions as may be reasonably necessary to carry out the purposes
of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of
the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or
make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Contractor,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work,
and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written
approval of the Contractor. Any increase in compensation of up to ten percent (10%) of the
Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty
(180) days, may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively, must be approved by the City Council. It is expressly understood by
Contractor that the provisions of this Section shall not apply to services specifically set forth in the
Scope of Services. Contractor hereby acknowledges that it accepts the risk that the services to be
provided pursuant to the Scope of Services may be more costly or time consuming than Contractor
anticipates and that Contractor shall not be entitled to additional compensation therefor. City may
in its sole and absolute discretion have similar work done by other Contractors. No claims for an
increase in the Contract Sum or time for performance shall be valid unless the procedures
established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein
by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other
provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the
amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total annual compensation, including reimbursement
for actual expenses, shall not exceed Twenty Five Thousand Twenty Dollars ($25,020) (the
“Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.
D.9.a
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2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services, less
contract retention; (iii) payment for time and materials based upon the Contractor’s rates as
specified in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not
exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Contractor at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall
not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work performed and
expenses incurred during the preceding month in a form approved by City’s Director of Finance.
By submitting an invoice for payment under this Agreement, Contractor is certifying compliance
with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual
expenses by the following categories: labor (by sub-category), travel, materials, equipment,
supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such
categories. Contractor shall not invoice City for any duplicate services performed by more than
one person.
City shall independently review each invoice submitted by the Contractor to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Contractor
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Contractor to be paid within forty-five (45) days of receipt of Contractor’s correct and undisputed
invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures,
the City cannot guarantee that payment will occur within this time period. In the event any charges
or expenses are disputed by City, the original invoice shall be returned by City to Contractor for
correction and resubmission. Review and payment by City for any invoice provided by the
Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable
law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed
to waive any defects in work performed by Contractor.
D.9.a
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in the
“Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Contractor,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires,
earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within
ten (10) days of the commencement of such delay notify the Contract Officer in writing of the
causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and
extend the time for performing the services for the period of the enforced delay when and if in the
judgment of the Contract Officer such delay is justified. The Contract Officer’s determination
shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be
entitled to recover damages against the City for any delay in the performance of this Agreement,
however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this
Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding three (3)
years from the date hereof (“Term”). The City in its sole discretion may extend the Term of this
Agreement in writing by two (2) extensions of one (1) year each.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor (“Principals”) are hereby designated as being the
principals and representatives of Contractor authorized to act in its behalf with respect to the work
specified herein and make all decisions in connection therewith:
Willard Moran CEO
D.9.a
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(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Contractor and devoting sufficient time to personally supervise the
services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Contractor without the express written approval of City. Additionally, Contractor shall utilize
only competent personnel to perform services pursuant to this Agreement. Contractor shall make
every reasonable effort to maintain the stability and continuity of Contractor’s staff and
subcontractors, if any, assigned to perform the services required under this Agreement. Contractor
shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to
perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Contractor shall not at any time or in any manner represent that Contractor or any
of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or
agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to
City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the City Manager or such person as may be designated by
the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is
kept informed of the progress of the performance of the services and the Contractor shall refer any
decisions which must be made by City to the Contract Officer. Unless otherwise specified herein,
any approval of City required hereunder shall mean the approval of the Contract Officer. The
Contract Officer shall have authority, if specified in writing by the City Manager, to sign all
documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or
means by which Contractor, its agents or employees, perform the services required herein, except
as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or
control of Contractor’s employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Contractor shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Contractor shall not at any
time or in any manner represent that it or any of its agents or employees are agents or employees
D.9.a
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of City. City shall not in any way or for any purpose become or be deemed to be a partner of
Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with
Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Contractor shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written approval of City. Transfers restricted hereunder shall include the transfer
to any person or group of persons acting in concert of more than twenty five percent (25%) of the
present ownership and/or control of Contractor, taking all transfers into account on a cumulative
basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this
Agreement shall be void. No approved transfer shall release the Contractor or any surety of
Contractor of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Contractor shall procure and maintain, at its sole cost and expense, in a form and
content satisfactory to City, during the entire term of this Agreement including any extension
thereof, the following policies of insurance which shall cover all elected and appointed officers,
employees and agents of City:
(a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A
policy of comprehensive general liability insurance written on a per occurrence basis for bodily
injury, personal injury and property damage. The policy of insurance shall be in an amount not
less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general
aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance. A policy of worker’s compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for the Contractor against any loss, claim or
damage arising from any injuries or occupational diseases occurring to any worker employed by
or any persons retained by the Contractor in the course of carrying out the work or services
contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and
endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance
written on a per occurrence for bodily injury and property damage in an amount not less than
$1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any
automobile.
D.9.a
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(d) Professional Liability. Professional liability insurance appropriate to the
Contractor’s profession. This coverage may be written on a “claims made” basis, and must include
coverage for contractual liability. The professional liability insurance required by this Agreement
must be endorsed to be applicable to claims based upon, arising out of or related to services
performed under this Agreement. The insurance must be maintained for at least 5 consecutive
years following the completion of Contractor’s services or the termination of this Agreement.
During this additional 5-year period, Contractor shall annually and upon request of the City submit
written evidence of this continuous coverage.
(e) Subcontractors. Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City,
its elected and appointed officers, employees and agents as additional insureds and any insurance
maintained by City or its officers, employees or agents may apply in excess of, and not contribute
with Contractor’s insurance. The insurer is deemed hereof to waive all rights of subrogation and
contribution it may have against the City, its officers, employees and agents and their respective
insurers. Moreover, the insurance policy must specify that where the primary insured does not
satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or
cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice
by certified mail return receipt requested to the City. In the event any of said policies of insurance
are cancelled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance
in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Contractor has
provided the City with Certificates of Insurance, additional insured endorsement forms or
appropriate insurance binders evidencing the above insurance coverages and said Certificates of
Insurance or binders are approved by the City. City reserves the right to inspect complete, certified
copies of and endorsements to all required insurance policies at any time. Any failure to comply
with the reporting or other provisions of the policies including breaches or warranties shall not
affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate
endorsement) and shall conform to the following “cancellation” notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY
D.9.a
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ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed] ______________
Contractor Initials
City, its respective elected and appointed officers, directors, officials, employees, agents
and volunteers are to be covered as additional insureds as respects: liability arising out of activities
Contractor performs; products and completed operations of Contractor; premises owned, occupied
or used by Contractor; or any automobiles owned, leased, hired or borrowed by Contractor. The
coverage shall contain no special limitations on the scope of protection afforded to City, and their
respective elected and appointed officers, officials, employees or volunteers. Contractor’s
insurance shall apply separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer’s liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At
the option of City, either the insurer shall reduce or eliminate such deductibles or self -insured
retentions as respects City or its respective elected or appointed officers, officials, employees and
volunteers or the Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration, defense expenses and claims. The Contractor agrees that the
requirement to provide insurance shall not be construed as limiting in any way the extent to which
the Contractor may be held responsible for the payment of damages to any persons or property
resulting from the Contractor’s activities or the activities of any person or persons for which the
Contractor is otherwise responsible nor shall it limit the Contractor’s indemnification liabilities as
provided in Section 5.3.
In the event the Contractor subcontracts any portion of the work in compliance with Section
4.5 of this Agreement, the contract between the Contractor and such subcontractor shall require
the subcontractor to maintain the same policies of insurance that the Contractor is required to
maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.
5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold
and save them and each of them harmless from, any and all actions, either judicial, administrative,
arbitration or regulatory claims, damages to persons or property, losses, costs, penalties,
obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or
liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein of
Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity
for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’
reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance
of or failure to perform any term, provision, covenant or condition of this Agreement, and in
connection therewith:
D.9.a
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(a) Contractor will defend any action or actions filed in connection with any of
said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s
fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection with
the negligent performance of or failure to perform such work, operations or activities of Contractor
hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees
harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Contractor for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorney’s
fees.
Contractor shall incorporate similar indemnity agreements with its subcontractors and if it
fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Contractor in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted
by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that
design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of
the negligence, recklessness or willful misconduct of the design professional. The indemnity
obligation shall be binding on successors and assigns of Contractor and shall survive termination
of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies
qualified to do business in California, rated “A” or better in the most recent edition of Best Rating
Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category
Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk
Manager”) due to unique circumstances. If this Agreement continues for more than 3 years
duration, or in the event the risk manager determines that the work or services to be performed
under this Agreement creates an increased or decreased risk of loss to the City, the Contractor
agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt
of written notice from the Risk Manager.
D.9.a
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ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts,
invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the “books and records”), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete and
detailed. The Contract Officer shall have full and free access to such books and records at all times
during normal business hours of City, including the right to inspect, copy, audit and make records
and transcripts from such records. Such records shall be maintained for a period of three (3) years
following completion of the services hereunder, and the City shall have access to such records in
the event any audit is required. In the event of dissolution of Contractor’s business, custody of the
books and records may be given to City, and access shall be provided by Contractor’s successor
in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in
providing access to the books and records if a public records request is made and disclosure is
required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of
work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees
that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or
will materially increase or decrease the cost of the work or services contemplated herein or, if
Contractor is providing design services, the cost of the project being designed, Contractor shall
promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Contractor is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the “documents and materials”),
including any electronic documents and materials, prepared by Contractor, its employees,
subcontractors and agents in the performance of this Agreement shall be the property of City and
shall be delivered to City in a format of the City’s choice upon request of the Contract Officer or
upon the termination of this Agreement, and Contractor shall have no claim for further
employment or additional compensation as a result of the exercise by City of its full rights of
ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or
assignment of such completed documents for other projects and/or use of uncompleted documents
without specific written authorization by the Contractor will be at the City’s sole risk and without
liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use,
reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor
D.9.a
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shall have the right to use the concepts embodied therein. All subcontractors shall provide for
assignment to City of any documents or materials prepared by them, and in the event Contractor
fails to secure such assignment, Contractor shall indemnify City for all damages resulting
therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as
“works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby
deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Contractor in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Contractor. Contractor shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions,
response to interrogatories or other information concerning the work performed under this
Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided
Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of
Contractor, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Contractor for any damages, costs and
fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct.
(d) Contractor shall promptly notify City should Contractor, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under. City retains the right, but has no obligation, to represent Contractor or be present at
any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and
to provide City with the opportunity to review any response to discovery requests provided by
Contractor. However, this right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of San Bernardino, State of California, or any other
appropriate court in such county, and Contractor covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
D.9.a
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Court, venue shall lie exclusively in the Central District of California, in the County of San
Bernardino, State of California.
7.2 Disputes; Default.
In the event that Contractor is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Contractor for any work performed after
the date of default. Instead, the City may give notice to Contractor of the default and the reasons
for the default. The notice shall include the timeframe in which Contractor may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Contractor is in default, the City shall hold
all invoices and shall, when the default is cured, proceed with payment on the invoices. In the
alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices
during the period of default. If Contractor does not cure the default, the City may take necessary
steps to terminate this Agreement under this Article. Any failure on the part of the City to give
notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights
or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of City
to exercise such right to deduct or to withhold shall not, however, affect the obligations of the
Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
D.9.a
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of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any
other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Contractor shall file a statutory claim pursuant to Government Code Sections
905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon written notice to Contractor. In addition, the
Contractor may terminate this Contract for cause, upon sixty (60) days’ advance written notice to
City. Upon receipt of any notice of termination, Contractor shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer. Except where the
Contractor has initiated termination, the Contractor shall be entitled to compensation for all
services rendered prior to the effective date of the notice of termination and for any services
authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or
such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event
the Contractor has initiated termination, the Contractor shall be entitled to compensation only for
the reasonable value of the work product actually produced hereunder. In the event of termination
without cause pursuant to this Section, the terminating party need not provide the non-terminating
party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and
prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to
the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such
damages), and City may withhold any payments to the Contractor for the purpose of set-off or
partial payment of the amounts owed the City as previously stated.
7.9 Attorney’s Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such action
or proceeding, in addition to any other relief which may be granted, whether legal or equitable,
shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any
appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable
costs for investigating such action, taking depositions and discovery and all other necessary costs
D.9.a
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the court allows which are incurred in such litigation. All such fees shall be deemed to have
accrued on commencement of such action and shall be enforceable whether or not such action is
prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Contractor or to its successor, or for breach of any obligation of the terms
of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Contractor’s performance of services under this
Agreement. Contractor further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Contractor agrees to at all times avoid
conflicts of interest or the appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Contractor shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected
class.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions
imposed, together with any and all costs, including attorney’s fees, incurred by City.
D.9.a
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ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party
desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager
and to the attention of the Contract Officer (with her/his name and City title), City of Grand
Terrace, 22795 Barton Rd, Grand Terrace, CA 92313, and in the case of the Contractor, to the
person(s) at the address designated on the execution page of this Agreement. Either party may
change its address by notifying the other party of the change of address in writing. Notice shall be
deemed communicated at the time personally delivered or in seventy-two (72) hours from the time
of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. No amendment to or modification
of this Agreement shall be valid unless made in writing and approved by the Contractor and by the
City Council. The parties agree that this requirement for written modifications cannot be waived
and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections
contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or
decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any
of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder
unless the invalid provision is so material that its invalidity deprives either party of the basic benefit
of their bargain or renders this Agreement meaningless.
D.9.a
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9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this
Agreement, nor shall any official, officer, or employee of City participate in any decision relating
to this Agreement which may affect his/her financial interest or the financial interest of any
corporation, partnership, or association in which (s)he is directly or indirectly interested, or in
violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
“financial interest” shall be consistent with State law and shall not include interests found to be
“remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5.
Nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation, including but not limited to the Political Reform Act (Government Code
Sections 81000, et seq.)
Contractor warrants and represents that it has not paid or given, and will not pay or give,
to any third party including, but not limited to, any City official, officer, or employee, any money,
consideration, or other thing of value as a result or consequence of obtaining or being awarded any
agreement. Contractor further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Contractor is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render this
Agreement void and of no force or effect.
Contractor’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
D.9.a
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19 | P a g e
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
CITY:
City of Grand Terrace, a municipal corporation
_____________________________________
Darcy McNaboe, Mayor
ATTEST:
____________________________________
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
____________________________________
Adrian R. Guerra, City Attorney
CONTRACTOR:
Moran Janitorial Services, LLC, a California
Limited Liability Company
By: __________________________________
Name:
Title:
By: __________________________________
Name:
Title:
Address: ___________________________
Two corporate officer signatures required when Contractor is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES SHALL BE
DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS,
ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS
ENTITY.
D.9.a
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20 | P a g e
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2021 before me, ________________, personally appeared
________________, proved to me on the basis of satisfactory evidence to be the person(s)
whose names(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
____________________________
___
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_____________________
__________
____________________________
__________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR
ENTITY(IES))
_________________________________
____________
_________________________________
____________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that
document.
D.9.a
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21 | P a g e
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2021 before me, ________________, personally appeared
________________, proved to me on the basis of satisfactory evidence to be the person(s)
whose names(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
____________________________
___
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_____________________
__________
____________________________
__________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR
ENTITY(IES))
_________________________________
____________
_________________________________
____________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that
document.
D.9.a
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EXHIBIT "A"
SCOPE OF SERVICES
I. The Contractor shall provide the City with Services to the City as follows:
A. Locations. The Contractor shall perform janitorial services, as set forth below,
(“Services”) at the following locations:
(1) Civic Center & Annex Building – 22795 Barton Road, Grand Terrace, CA
92313
(2) Richard Rollins Park - 22745 De Berry St; Grand Terrace, California 92313
(3) Veterans Freedom Park - 21950 Pico St, Grand Terrace, CA 92313
(4) Grand Terrace Fitness Park - 21937 Grand Terrace Rd, Grand Terrace, CA
92313
(5) Grand Terrace Dog Park – 22720 Vista Grande Way, Grand Terrace, CA
92313
B. TASK 1: Civic Center
(1) Provide Services Three (3) Days/Week: Monday, Wednesday and Friday
at City Hall as follows:
i. Sweep all hard-surfaced floors with treated dust mops
ii. Vacuum all carpet traffic patterns, giving special attention to public and
executive areas
iii. Empty all waste containers and place trash in pick-up areas
iv. Dust desks, chairs, and office furniture with treated dust cloths (Papers and
folders left on desks will not be moved.)
v. Spot-clean door glass
vi. Remove smudges from doors, door frames, and counters
vii. Clean and polish drinking fountains
viii. Return furniture to neat and orderly position
ix. Remove spillage spots from carpets
x. Replace wastebasket liners as necessary
xi. Spot-clean partition glass
xii. Clean counter and floor areas around coffee machine
xiii. Empty sanitary napkin containers and replace insert
xiv. Polish all metal and mirrors
xv. Clean and disinfect all dispensers
xvi. Clean and disinfect wash basins, toilet bowls and urinals
xvii. Disinfect underside and tops of toilet seats
xviii. Spot-clean tile walls and toilet partitions
xix. Spot-clean walls around wash basins
xx. Mop all lavatory floors with germicidal solution
D.9.a
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xxi. Refill soap, towel, toilet tissue containers, and seat cover dispensers
(Supplies will be provided)
(2) Provide the following Weekly Services:
i. Detail vacuum all carpeted areas
ii. Dust baseboards, ledges, and window sills
iii. Perform dusting of low-reach areas. Detail wood work.
iv. Dust all counters, shelves, bookcases and file cabinets
v. Spot clean painted partitions and painted walls
vi. Spot-clean all wall switches and door facings
vii. Clean entry door metal and thresholds
viii. Clean lunchroom furniture and appliances
ix. Replace basket liners
(3) Provide the following Monthly Services:
i. Perform dusting of high-reach areas including partition tops, door tops, and
air conditioning vents
ii. Dust picture frames
iii. Brush down or vacuum wall ceiling vents
iv. Clean and polish executive furniture
(4) Provide the following Quarterly Services:
i. Brush or vacuum upholstered furniture
ii. Wipe down plastic and leather furniture
iii. Clean entry door metal trim
(5) Provide the following Floor Services:
i. Mop composition floors for spillage daily
ii. Clean and refinish all common areas floors (Twice/year)
iii. Carpet shampooing (Twice/year)
iv. Wipe down baseboards when refinishing floors
(6) Providing the following Window Cleaning Services
i. Spot clean entry lobby window glass inside and out
ii. Spot clean partition glass
(7) Provide the following Exterior Services:
i. Sweep entrance approaches daily
D.9.a
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C. TASK 2 Civic Center Annex Building
(1) Provide Services One (1) Day/Week: Monday at the City Hall Annex
Building Bathrooms as follows:
i. Polish all metal and mirrors
ii. Clean and disinfect all dispensers
iii. Clean and disinfect wash basins, toilet bowls and urinals
iv. Disinfect underside and tops of toilet seats
v. Spot-clean tile walls and toilet partitions
vi. Spot-clean walls around wash basins
vii. Mop all lavatory floors with germicidal solution
viii. Empty sanitary napkin containers and replace insert
ix. Refill soap, towel, toilet tissue containers, and seat cover dispensers
(Supplies will be provided)
D. TASK 3: Provide Services at 7:00 a.m. and 1:00 p.m. - Saturday, Sunday &
Holidays at Richard Rollins Park (referenced as “Subtask 3.1”), Veterans
Freedom Park (referenced as “Subtask 3.2”), and GT Fitness Park (referenced
as “Subtask 3.3”) as follows:
(1) Daily Service for Common Areas
i. Open parks and restroom facilities each morning at 7:00 a.m.
ii. Polish all metal and mirrors
iii. Clean and disinfect all dispensers
iv. Clean and disinfect wash basins, toilet bowls and urinals
v. Disinfect underside and tops of toilet seats
vi. Spot-clean tile walls and toilet partitions
vii. Spot-clean walls around wash basins
viii. Empty sanitary napkin containers and replace insert
ix. Mop all lavatory floors with germicidal solution
x. Bathroom receptacle liners will be changed at least 1 time/weekend
xi. At 7:00 a.m. and 1:00 p.m. do the following:
1. Empty and wipe out all bathroom wastepaper receptacles
2. Refill soap, towel, toilet tissue containers, and seat cover dispensers
(Paper supplies provided)
3. Check for and dispose of trash and debris on park grounds
4. Empty park trash receptacles
5. Clean picnic shelter areas
(2) Weekly Service
i. Brush down vents
ii. Wash down ceramic tile walls and toilet compartment partitions
iii. Perform high dusting
iv. Pour clean water down floor drains to prevent sewer gases
(3) Floor Services
D.9.a
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i. Scrub floor and refinish, clean baseboards (Twice/year)
E. TASK 4: Provide Services at 7:00 a.m. and 1:00 p.m. - Saturday, Sunday &
Holidays at Grand Terrace Dog Park
(1) Daily Service for Common Areas
i. Open park each morning at 7:00 a.m., empty all waste containers and place
trash in pick-up areas
ii. Clean and polish drinking fountains
iii. Check park for dog feces, collect and dispose
iv. Restock pet waste bags at pet waste stations
v. Check for and dispose of trash and debris on park grounds
vi. At 7:00 a.m. and 1:00 p.m. do the following:
1. Check for and dispose of trash and debris on park grounds
2. Empty park trash receptacles if full
3. Clean picnic table areas
4. Restock pet waste bags at pet waste stations as needed
II. As part of the Services, Contractor will prepare and deliver such tangible work products to the
City as may be requested by the City from time to time.
III. In addition to the requirements of Section 6.2, during performance of the Services, Contractor
will keep the City appraised of the status of performance by delivering status reports as
requested by the City from time to time.
IV. The City reserves the right to conduct inspections to confirm that the proper levels of janitorial
maintenance service are performed on the City facilities. If the City finds the maintenance
service fails to meet expectations, the City will notify the Contractor in writing. Contractor
shall promptly correct any deficiencies within 24 hours. Failure to correct such deficiencies
or repeating the same deficiency will be considered a breach of the Contract. All Services
performed under this Agreement is subject to review and acceptance by the City, and must be
revised by the Contractor without additional charge to the City until found satisfactory and
accepted by City.
V. A review of the services provided within this Agreement will be performed by the Contractor
on an annual basis. The Contractor and the Public Works Director will discuss work performed
since the last review, and answer questions pertaining to delivery of Services.
D.9.a
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EXHIBIT "B"
SPECIAL REQUIREMENTS
I. Section 5.1(a) shall be amended as follows (bold and italics represents added language and
strikethrough represents deleted language):
General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of
comprehensive general liability insurance written on a per occurrence basis for bodily
injury, personal injury and property damage. The policy of insurance shall be in an
amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is
used, then the general aggregate limit shall be twice the occurrence limit. This policy
of insurance shall also have no less than $2,000,000 for Products Comp/Op
Aggregate; $1,000,000 in Personal & Advertising Injury; $50,000 for Fire Damage
(any one fire); and $5,000 for Medical Expense (any one person).
II. Section 5.1(b) shall be amended as follows (bold and italics represents added language and
strikethrough represents deleted language):
Worker’s Compensation Insurance. A policy of worker’s compensation insurance in
such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for the Contractor against any loss,
claim or damage arising from any injuries or occupational diseases occurring to any
worker employed by or any persons retained by the Contractor in the course of
carrying out the work or services contemplated in this Agreement. This policy of
insurance shall also have no less than $1,000,000 for EL Each Accident;
$1,000,000 for EL Disease – Policy Limit; and $1,000,000 for EL Disease Each
Employee.
III. Section 5.1(d) shall be amended as follows (bold and italics represents added language and
strikethrough represents deleted language):
Professional Liability. Professional liability insurance appropriate to the Contractor’s
profession. This coverage may be written on a “claims made” basis, and must include
coverage for contractual liability. The professional liability insurance required by this
Agreement must be endorsed to be applicable to claims based upon, arising out of or
related to services performed under this Agreement. The insurance must be
maintained for at least 5 consecutive years following the completion of Contractor’s
services or the termination of this Agreement. During this additional 5-year period,
Contractor shall annually and upon request of the City submit written evidence of this
continuous coverage. This policy of insurance shall also be in an amount no less
than $1,000,000 per claim and $2,000,000 in the aggregate.
D.9.a
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EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Contractor shall perform the following tasks at the following rates:
Task Description Monthly Cost Yearly Cost
1 Cleaning of City Hall 3 days/week on
Monday, Wednesday and Friday
$670.00 $8,040.00
2 Cleaning of City Hall Annex Building
Bathroom 1 day/week on Monday
$90.00 $1,080.00
3.1 Provide Access at 7:00 a.m. and Cleaning
Services Twice a day (at 7:00 a.m. and at
1:00 p.m.) on Saturday, Sunday, and
Holidays at Richard Rollins Park
$400.00 $4,800.00
3.2 Provide Access at 7:00 a.m. and Cleaning
Services Twice a day (at 7:00 a.m. and at
1:00 p.m.) on Saturday, Sunday, and
Holidays at Veterans Freedom Park
$400.00 $4,800.00
3.3 Provide Access at 7:00 a.m. and Cleaning
Services Twice a day (at 7:00 a.m. and at
1:00 p.m.) on Saturday, Sunday, and
Holidays at GT Fitness Park
$400.00 $4,800.00
4 Provide Access at 7:00 a.m. and Cleaning
Services Twice a Day (at 7:00 a.m. and at
1:00 p.m.) on Saturday, Sunday, and
Holidays at Grand Terrace Dog Park
$125.00 $1,500.00
Total Annual Cost: $25,020.00
II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer,
funds may be shifted from one Task subbudget to another so long as the Contract Sum is not
exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.
IV. The City will compensate Contractor for the Services performed upon submission of a valid
invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and
travel properly charged to the Services.
V. The total annual compensation for the Services shall not exceed $25,020.00 as provided in
Section 2.1 of this Agreement.
D.9.a
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely in accordance with the schedule as provided in
Exhibit “A”.
II. The Contract Officer may approve extensions for performance of the services in accordance
with Section 3.2.
D.9.a
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01247.0006/669201.8
PUBLIC WORKS AGREEMENT
By and Between
CITY OF GRAND TERRACE
and
SUPERIOR BUILDING MAINTENANCE LLC.
D.9.b
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01247.0006/669201.8
AGREEMENT FOR PUBLIC WORKS SERVICES
BETWEEN THE CITY OF GRAND TERRACE AND
SUPERIOR BUILDING MAINTENANCE LLC.
This AGREEMENT FOR PUBLIC WORKS SERVICES BETWEEN THE CITY OF
GRAND TERRACE AND SUPERIOR BUILDING MAINTENANCE LLC. (herein
“Agreement”) is made and entered into this 28th day of May, 2024 by and between the City of
GRAND TERRACE, a California municipal corporation (“City”) and SUPERIOR BUILDING
MAINTENANCE LLC. (“Contractor”). City and Contractor may be referred to, individually or
collectively, as “Party” or “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Article 1 of this Agreement.
B. Contractor, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article 1 of this Agreement, was selected by the City
to perform those services.
C. Pursuant to the City of Grand Terrace Municipal Code, City has authority to enter
into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of those
services defined and described particularly in Article 1 of this Agreement and desire that the terms
of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made
by the Parties and contained herein and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
ARTICLE 1. WORK OF CONTRACTOR
1.1 Scope of Work.
In compliance with all terms and conditions of this Agreement, the Contractor shall
provide those services specified in the “Scope of Work” attached hereto as Exhibit “A” and
incorporated herein by this reference, which may be referred to herein as the “services” or “work”
hereunder. As a material inducement to the City entering into this Agreement, Contractor
represents and warrants that it has the qualifications, experience, and facilities necessary to
properly perform the work required under this Agreement in a thorough, competent, and
professional manner, and is experienced in performing the work and services contemplated herein.
Contractor shall at all times faithfully, competently and to the best of its ability, experience and
talent, perform all services described herein. Contractor covenants that it shall follow the highest
professional standards in performing the work and services required hereunder and that all
D.9.b
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materials will be both of good quality as well as fit for the purpose intended. For purposes of this
Agreement, the phrase “highest professional standards” shall mean those standards of practice
recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Contract Documents.
The Scope of Work shall include the “General Provisions” and “Special Provisions”
contained in as provided in this Agreement, all of which are incorporated herein by this reference.
In the event of any inconsistency between the terms of the bid documents and this Agreement, the
terms of this Agreement shall govern.
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services
hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the
City and any Federal, State or local governmental entity having jurisdiction in effect at the time
service is rendered.
1.4 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be
performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and
that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1
(commencing with Section 1720) of the California Labor Code relating to public works contracts
and the rules and regulations established by the Department of Industrial Relations (“DIR”)
implementing such statutes. The work performed under this Agreement is subject to compliance
monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by
regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the
extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of
the prevailing rate of per diem wages are on file at City Hall and will be made available to any
interested party on request. By initiating any work under this Agreement, Contractor acknowledges
receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing
rate of per diem wages, and Contractor shall post a copy of the same at each job site where work
is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall
comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning
the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing
wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each
calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined
by the DIR for the work or craft in which the worker is employed for any public work done
pursuant to this Agreement by Contractor or by any subcontractor.
(d) Payroll Records. Contractor shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep
accurate payroll records and verify such records in writing under penalty of perjury, as specified
D.9.b
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in Section 1776; certify and make such payroll records available for inspection as provided by
Section 1776; and inform the City of the location of the records.
(e) Apprentices. Contractor shall comply with and be bound by the
provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations
Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall
provide City with a copy of the information submitted to any applicable apprenticeship program.
Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of
its subcontractors shall submit to the City a verified statement of the journeyman and apprentice
hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8)
hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor
Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be
bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work
excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for
each worker employed in the performance of this Agreement by the Contractor or by any
subcontractor for each calendar day during which such worker is required or permitted to work
more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week
in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant
to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8)
hours per day, and forty (40) hours during any one week shall be permitted upon public work upon
compensation for all hours worked in excess of 8 hours per day at not less than one and one-half
(1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and
3700 provide that every employer will be required to secure the payment of compensation to its
employees if it has employees. In accordance with the provisions of California Labor Code Section
1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract.”
Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors. For every
subcontractor who will perform work under this Agreement, Contractor shall be responsible for
such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section
1720) of the California Labor Code, and shall make such compliance a requirement in any contract
with any subcontractor for work under this Agreement. Contractor shall take all actions necessary
D.9.b
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to enforce such contractual provisions and ensure subcontractor's compliance, including without
limitation, conducting a review of the certified payroll records of the subcontractor on a periodic
basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the
specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or
rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits,
registrations, and approvals as may be required by law for the performance of the services required
by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and
taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are
necessary for the Contractor’s performance of the services required by this Agreement, and shall
indemnify, defend and hold harmless City, its officers, employees or agents of City, against any
such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City
hereunder.
1.6 Familiarity with Work.
(a) By executing this Agreement, Contractor warrants that Contractor
(i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully
considered how the services should be performed, and (iii) fully understands the facilities,
difficulties and restrictions attending performance of the services under this Agreement. If the
services involve work upon any site, Contractor warrants that Contractor has or will investigate
the site and is or will be fully acquainted with the conditions there existing, prior to commencement
of services hereunder.
(b) Contractor shall promptly, and before the following conditions are
disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous
waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class
I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent
conditions, materially different from those indicated; or (iii) unknown physical conditions at the
site of any unusual nature, different from those ordinarily encountered and generally recognized
as inherent in work of the character provided for in this Agreement, and will materially affect the
performance of the services hereunder.
(c) City shall promptly investigate the conditions, and if it finds that
the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase
in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a
change order per Section 1.10 of this Agreement.
(d) In the event that a dispute arises between City and Contractor
whether the conditions materially differ, or involve hazardous waste, or cause a decrease or
increase in Contractor's cost of, or time required for, performance of any part of the work,
Contractor shall not be excused from any scheduled completion date set, but shall proceed with all
work to be performed under the Agreement. Contractor shall retain any and all rights provided
D.9.b
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either by contract or by law, which pertain to the resolution of disputes and protests between the
contracting parties.
(e) City will compensate Contractor to the extent required by
Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement.
1.7 Protection and Care of Work and Materials.
The Contractor shall adopt reasonable methods, including providing and
maintaining storage facilities, during the life of the Agreement to furnish continuous protection to
the work, and the equipment, materials, papers, documents, plans, studies and/or other components
thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or
property, until acceptance of the work by City, except such losses or damages as caused by City’s
own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall
not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials
which have been installed or delivered and which may be necessary for the completion of the work.
1.8 Warranty.
Contractor warrants all work under the Agreement (which for purposes of this
Section shall be deemed to include unauthorized work which has not been removed and any
non-conforming materials incorporated into the work) to be of good quality and free from any
defective or faulty material and workmanship. Contractor agrees that for a period of one year (or
the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided
by any manufacturer or supplier of equipment or materials incorporated into the work, whichever
is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified
in writing by the City of any defect in the work or non-conformance of the work to the Agreement,
commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty
at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an
emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace
any portions of the work (or work of other contractors) damaged by its defective work or which
becomes damaged in the course of repairing or replacing defective work. For any work so
corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an
additional one year period, commencing with the date of acceptance of such corrected work.
Contractor shall perform such tests as the City may require to verify that any corrective actions,
including, without limitation, redesign, repairs, and replacements comply with the requirements of
the Agreement. All costs associated with such corrective actions and testing, including the
removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall
be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors,
suppliers and manufacturers with respect to any portion of the work, whether express or implied,
are deemed to be obtained by Contractor for the benefit of the City, regardless of whether o r not
such warranties and guarantees have been transferred or assigned to the City by separate agreement
and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the
City. In the event that Contractor fails to perform its obligations under this Section, or under any
other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the
City shall have the right to correct and replace any defective or non -conforming work and any
work damaged by such work or the replacement or correction thereof at Contractor's sole expense.
D.9.b
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Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon
demand.
1.9 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all instruments,
prepare all documents and take all actions as may be reasonably necessary to carry out the purposes
of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of
the other.
1.10 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the
services, without invalidating this Agreement, to order extra work beyond that specified in the
Scope of Work or make changes by altering, adding to or deducting from said work. No such extra
work may be undertaken unless a written change order is first given by the Contract Officer to the
Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to
perform this Agreement, which said adjustments are subject to the written approval of the
Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract
Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the
Contract Sum or any increase in the time to perform of up to one hundred eighty (180) days; and
does not materially affect the Work and which are not detrimental to the Work or to the interest of
the City, may be approved by the Contract Officer. Any greater increases, taken either separately
or cumulatively, must be approved by the City Council.
(c) Any adjustment in the Contract Sum for a Change Order must be in
accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in
the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such
work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract
Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work
of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages of
workers and subcontractors performing the work for the Change Order at the time such work is
done. The use of labor classifications that would increase the cost of such work shall not be
permitted.
(ii) Materials and Equipment: the cost of materials and
equipment shall be at cost to Contractor or lowest current price which such materials and
equipment are reasonably available at the time the work is done, whichever is lower.
(iii) If the cost of the extra work cannot be agreed upon, the
Contractor must provide a daily report that includes invoices for labor, materials and equipment
costs for the work under the Change Order. The daily report must include: list of names of workers,
classifications, and hours worked; description and list of quantities of materials used; type of
D.9.b
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equipment, size, identification number, and hours of operation, including loading and
transportation, if applicable; description of other City authorized services and expenditures in such
detail as the City may require. Failure to submit a daily report by the close of the next working day
may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day.
(d) It is expressly understood by Contractor that the provisions of this
Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor
hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope
of Work may be more costly or time consuming than Contractor anticipates and that Contractor
shall not be entitled to additional compensation therefor. City may in its sole and absolute
discretion have similar work done by other contractors.
(e) No claim for an increase in the Contract Sum or time for
performance shall be valid unless the procedures established in this Section are followed.
1.11 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part
hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated
herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any
other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor
the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for actual
expenses, shall not exceed Fifty Seven Thousand Six Hundred Eighty Four Dollars/and No Cents
($57,684.00) (the “Contract Sum”), unless additional compensation is approved pursuant to
Section 1.10.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon
completion; (ii) payment in accordance with specified tasks or the percentage of completion of the
services less the contract retention; (iii) payment for time and materials based upon the
Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates
are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the
Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of
Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures
for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer
in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
D.9.b
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and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Contractor at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall
not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work
performed and expenses incurred during the preceding month in a form approved by City’s
Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is
certifying compliance with all provisions of the Agreement. The invoice shall contain all
information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses
by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and
sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories.
Contractor shall not invoice City for any duplicate services performed by more than one person.
City shall, as soon as practicable, independently review each invoice submitted by
the Contractor to determine whether the work performed and expenses incurred are in compliance
with the provisions of this Agreement. Except as to any charges for work performed or expenses
incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause
Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed
invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures,
the City cannot guarantee that payment will occur within this time period. In the event that City
does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and
properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent
allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are
disputed by City, the original invoice shall be returned by City to Contractor, not later than seven
(7) days after receipt by the City, for correction and resubmission. Returned invoices shall be
accompanied by a document setting forth in writing the reasons why the payment request was
rejected. Review and payment by the City of any invoice provided by the Contractor shall not
constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed
to waive any defects in work performed by Contractor.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of
a written notice to proceed and shall perform all services within the time period(s) established in
D.9.b
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the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
reference. When requested by the Contractor, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Contractor,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires,
earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within
ten (10) days of the commencement of such delay notify the Contract Officer in writing of the
causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and
extend the time for performing the services for the period of the enforced delay when and if in the
judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall
be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled
to recover damages against the City for any delay in the performance of this Agreement, however
caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Inspection and Final Acceptance.
City may inspect and accept or reject any of Contractor’s work under this
Agreement, either during performance or when completed. City shall reject or finally accept
Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a
timely written acceptance, otherwise work shall be deemed to have been rejected. City’s
acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such
gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver
of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining
to warranty and indemnification and insurance, respectively.
3.5 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this
Agreement shall continue in full force and effect until completion of the services but not exceeding
three (3) years from the date hereof, except as otherwise provided in the Schedule of Performance
(Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor (“Principals”) are hereby designated as
being the principals and representatives of Contractor authorized to act in its behalf with respect
to the work specified herein and make all decisions in connection therewith:
D.9.b
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Mike Roquet President
It is expressly understood that the experience, knowledge, capability and reputation
of the foregoing Principals were a substantial inducement for City to enter into this Agreement.
Therefore, the Principals shall be responsible during the term of this Agreement for directing all
activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive
direction and control of the Principals. For purposes of this Agreement, the Principals may not be
replaced nor may their responsibilities be substantially reduced by Contractor without the express
written approval of City. Additionally, Contractor shall make every reasonable effort to maintain
the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform
the services required under this Agreement. Contractor shall notify City of any changes in
Contractor’s staff and subcontractors, if any, assigned to perform the services required under this
Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any
obligation, debt or liability of any kind on behalf of or against City, whether by contract or
otherwise, unless such authority is expressly conferred under this Agreement or is otherwise
expressly conferred in writing by City. Contractor shall not at any time or in any manner represent
that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials,
officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers,
employees or agents, shall obtain any rights to retirement, health care or any other benefits which
may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the City Manager or such person as may be designated
by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer
is kept informed of the progress of the performance of the services and the Contractor shall refer
any decisions which must be made by City to the Contract Officer. Unless otherwise specified
herein, any approval of City required hereunder shall mean the approval of the Contract Officer.
The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all
documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner,
mode or means by which Contractor, its agents or employees, perform the services required herein,
except as otherwise set forth herein. City shall have no voice in the selection, discharge,
supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing
their number, compensation or hours of service. Contractor shall perform all services required
D.9.b
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herein as an independent contractor of City and shall remain at all times as to City a wholly
independent contractor with only such obligations as are consistent with that role. Contractor shall
not at any time or in any manner represent that it or any of its agents or employees are agents or
employees of City. City shall not in any way or for any purpose become or be deemed to be a
partner of Contractor in its business or otherwise or a joint venturer or a member of any joint
enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals
and employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Contractor shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. All subcontractors shall
obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including
from the City) as may be required by law for the performance of any services or work under this
Agreement. In addition, neither this Agreement nor any interest herein may be transferred,
assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for
the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted
hereunder shall include the transfer to any person or group of persons acting in concert of more
than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all
transfers into account on a cumulative basis. In the event of any such unapproved transfer,
including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall
release the Contractor or any surety of Contractor of any liability hereunder without the express
consent of City.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
Without limiting Contractor’s indemnification of City, and prior to commencement
of any services under this Agreement, Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and amounts described
below and in a form satisfactory to City.
(a) General liability insurance. Contractor shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in
an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily
injury, personal injury, and property damage. The policy must include contractual liability that has
not been amended. Any endorsement restricting standard ISO “insured contract” language will not
be accepted.
(b) Automobile liability insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and
property damage for all activities of the Contractor arising out of or in connection with Services
to be performed under this Agreement, including coverage for any owned, hired, non-owned or
rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
D.9.b
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(c) Professional liability (errors & omissions) insurance. Contractor shall
maintain professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and Contractor agrees to maintain continuous coverage through a period no less than
three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Contractor shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at
least $1,000,000).
(e) Subcontractors. Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Contractor shall provide certificates of insurance to City
as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers’ compensation. Insurance certificates and endorsements must be
approved by City’s Risk Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
(b) Duration of coverage. Contractor shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Services hereunder by
Contractor, its agents, representatives, employees or subcontractors.
(c) Primary/noncontributing. Coverage provided by Contractor shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination of
primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City’s own insurance or self-insurance shall
be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain the insurance it deems necessary and any premium
paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient
to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
D.9.b
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(e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance or
that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned
policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in
accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the
City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Contractor or others providing insurance evidence in compliance with these specifications to waive
their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against
City, and shall require similar written express waivers and insurance clauses from each of its
subcontractors.
(g) Enforcement of contract provisions (non-estoppel). Contractor
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Contractor of non-compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a given issue and
is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or
a waiver of any type. If the Contractor maintains higher limits than the minimums shown above,
the City requires and shall be entitled to coverage for the higher limits maintained by the
Contractor. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
(i) Notice of cancellation. Contractor agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall
be additional insureds under such policies. This provision shall also apply to any excess/umbrella
liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured
D.9.b
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against whom claim is made or suit is brought, except with respect to the insurer’s limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Contractor agrees to ensure that its subcontractors and
any other party involved with the project who is brought onto or involved in the project by
Contractor, provide the same minimum insurance coverage and endorsements required of
Contractor. Contractor agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the requirements of
this section. Contractor agrees that upon request, all agreements with subcontractors and others
engaged in the project will be submitted to City for review.
(n) Agency’s right to revise specifications. The City reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by
giving the Contractor ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Contractor, the City and Contractor may renegotiate
Contractor’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and
approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
(p) Timely notice of claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Contractor’s performance
under this Agreement, and that involve or may involve coverage under any of the required liability
policies.
(q) Additional insurance. Contractor shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own judgment may be necessary
for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and
hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will
hold and save them and each of them harmless from, any and all actions, either judicial,
administrative, arbitration or regulatory claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims
or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein of
Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity
for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’
reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance
of or failure to perform any term, provision, covenant or condition of this Agreement, and in
connection therewith:
D.9.b
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(a) Contractor will defend any action or actions filed in connection with
any of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys’ fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the
City, its officers, agents or employees for any such claims or liabilities arising out of or in
connection with the negligent performance of or failure to perform such work, operations or
activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers,
agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a
party to any action or proceeding filed or prosecuted against Contractor for such damages or other
claims arising out of or in connection with the negligent performance of or failure to perform the
work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its
officers, agents or employees, any and all costs and expenses incurred by the City, its officers,
agents or employees in such action or proceeding, including but not limited to, legal costs and
attorneys’ fees.
In addition, Contractor agrees to indemnify, defend and hold harmless the
Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights,
copyrights or trademark on any person or persons in consequence of the use by the Indemnified
Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor
is not the patentee or assignee or has not the lawful right to sell the same.
Contractor shall incorporate similar indemnity agreements with its subcontractors
and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore,
and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Contractor in the performance of professional
services and work hereunder. The provisions of this Section do not apply to claims or liabilities
occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent
permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence,
except that design professionals’ indemnity hereunder shall be limited to claims and liabilities
arising out of the negligence, recklessness or willful misconduct of the design professional. The
indemnity obligation shall be binding on successors and assigns of Contractor and shall survive
termination of this Agreement.
5.4 Notification of Third-Party Claims.
City shall timely notify Contractor of the receipt of any third-party claim relating
to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable
costs incurred in providing such notification.
5.5 Bonds
Concurrently with execution of this Agreement, Contractor shall deliver to the City all of the
following bonds if the Contract Sum should exceed $25,000:
D.9.b
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(a) A performance bond securing the faithful performance of this Agreement,
in an amount not less than 100% of the total compensation for this Agreement, as stated in Section
2.1.
(b) A payment bond, securing the payment of all persons furnishing labor
and/or materials in connection with the work under this Agreement, in an amount not less than
100% of the total compensation for this Agreement, as stated in Section 2.1.
(c) All bonds shall be on the applicable forms provided in Exhibit “A-2” and
Exhibit “A-3” attached hereto and made part hereof. The bonds shall each contain the original
notarized signature of an authorized officer of the surety and affixed thereto shall be a certified
and current copy of his/her power of attorney. The bonds shall be unconditional and remain in
force during the entire term of the Agreement until released pursuant to Section 5.7 hereof.
5.6 Sufficiency of Insurer or Surety
Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies
qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating
Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category
Class VII or better. If the City determines that the work to be performed under this Agreement
creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum
limits of the insurance policies and the bonds may be changed accordingly upon receipt of written
notice from the City’s Risk Manager.
5.7 Release of Securities.
City shall release the performance bond and payment bond when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of
satisfaction of all other requirements under Article 5 of this Agreement;
(b) the work contemplated by this Agreement has been accepted by the City;
and
(c) after passage of the time within which lien claims are required to be made
pursuant to applicable laws; if lien claims have been timely filed, City shall hold the payment bond
until such claims have been resolve, Contractor has provided statutory bond, or otherwise as
required by applicable law.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of
payroll records in compliance with all applicable laws, or other documents relating to the
D.9.b
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disbursements charged to City and services performed hereunder (the “books and records”), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete and
detailed. The Contract Officer shall have full and free access to such books and records at all times
during normal business hours of City, including the right to inspect, copy, audit and make records
and transcripts from such records. Such records shall be maintained for a period of 3 years
following completion of the services hereunder, and the City shall have access to such records in
the event any audit is required. In the event of dissolution of Contractor’s business, custody of the
books and records may be given to City, and access shall be provided by Contractor’s successor
in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in
providing access to the books and records if a public records request is made and disclosure is
required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such
reports concerning the performance of the services required by this Agreement as the Contract
Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the
cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor
agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that
may or will materially increase or decrease the cost of the work or services contemplated herein
or, if Contractor is providing design services, the cost of the project being designed, Contractor
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Contractor is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data,
notes, computer files, reports, records, documents and other materials (the “documents and
materials”) prepared by Contractor, its employees, subcontractors and agents in the performance
of this Agreement shall be the property of City and shall be delivered to City upon request of the
Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim
for further employment or additional compensation as a result of the exercise by City of its full
rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use,
reuse or assignment of such completed documents for other projects and/or use of uncompleted
documents without specific written authorization by the Contractor will be at the City’s sole risk
and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to
such use, reuse or assignment. Contractor may retain copies of such documents for its own use.
Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors
shall provide for assignment to City of any documents or materials prepared by them, and in the
event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages
resulting therefrom. Moreover, Contractor with respect to any documents and materials that may
qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are
hereby deemed “works made for hire” for the City.
D.9.b
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6.4 Confidentiality and Release of Information.
(a) Information gained or work product produced by Contractor in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Contractor. Contractor shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall
not, without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions,
response to interrogatories or other information concerning the work performed under this
Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided
Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of
Contractor, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Contractor for any damages, costs and
fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct.
(d) Contractor shall promptly notify City should Contractor, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under. City retains the right, but has no obligation, to represent Contractor or be present at
any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and
to provide City with the opportunity to review any response to discovery requests provided by
Contractor. However, this right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and
to performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of San Bernardino, State of California, or any other
appropriate court in such county, and Contractor covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of San
Bernardino, State of California.
7.2 Disputes.
(a) Default; Cure. In the event that Contractor is in default under the
terms of this Agreement, the City shall not have any obligation or duty to continue compensating
Contractor for any work performed after the date of default. Instead, the City may give notice to
D.9.b
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Contractor of the default and the reasons for the default. The notice shall include the timeframe in
which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may
be extended, though not reduced, if circumstances warrant. During the period of time that
Contractor is in default, the City shall hold all invoices and shall proceed with payment on the
invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect
to pay some or all of the outstanding invoices during the period of default. If Contractor does not
cure the default, the City may take necessary steps to terminate this Agreement under this Article.
Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed
to result in a waiver of the City’s legal rights or any rights arising out of any provision of this
Agreement.
(b) Dispute Resolution. This Agreement is subject to the provisions of
Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract
Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates
certain procedures for the filing of claims and supporting documentation by the Contractor, for the
response to such claims by the City, for a mandatory meet and confer conference upon the request
of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and
for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This
Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of City
to exercise such right to deduct or to withhold shall not, however, affect the obligations of the
Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of this Agreement.
D.9.b
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7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in
this Agreement, the rights and remedies of the parties are cumulative and the exercise by either
party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in
law or in equity, to cure, correct or remedy any default, to recover damages for any default, to
compel specific performance of this Agreement, to obtain declaratory or inj unctive relief, or to
obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any
contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905
et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this
Agreement would be extremely difficult or impractical to determine in the event of a breach of
this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum
of Five Hundred Dollars ($500) as liquidated damages for each working day of delay in the
performance of any service required hereunder, as specified in the Schedule of Performance
(Exhibit “D”). The City may withhold from any monies payable on account of services performed
by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215,
Contractor shall not be assessed liquidated damages for delay in completion of the project when
such delay was caused by the failure of the public agency or owner of the utility to provide for
removal or relocation of utility facilities.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically
provided in the following Section for termination for cause. The City reserves the right to terminate
this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor,
except that where termination is due to the fault of the Contractor, the period of notice may be
such shorter time as may be determined by the Contract Officer. In addition, the Contractor
reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60)
days’ written notice to City, except that where termination is due to the fault of the City, the period
of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of
termination, Contractor shall immediately cease all services hereunder except such as may be
specifically approved by the Contract Officer. Except where the Contractor has initiated
termination, the Contractor shall be entitled to compensation for all services rendered prior to the
effective date of the notice of termination and for any services authorized by the Contract Officer
thereafter in accordance with the Schedule of Compensation or such as may be approved by the
Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated
termination, the Contractor shall be entitled to compensation only for the reasonable value of the
D.9.b
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work product actually produced hereunder. In the event of termination without cause pursuant to
this Section, the terminating party need not provide the non-terminating party with the opportunity
to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under
this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work
and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable
to the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such
damages), and City may withhold any payments to the Contractor for the purpose of set-off or
partial payment of the amounts owed the City as previously stated.
7.10 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to
any action or proceeding in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s
fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed
to have accrued on commencement of such action and shall be enforceable whether or not such
action is prosecuted to judgment.
7.11 Unfair Business Practices Claims.
In entering into this Agreement, Contractor offers and agrees to assign to the City
all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton
Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700)
of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods,
services or materials related to this Agreement. This assignment shall be made and become
effective at the time the City renders final payment to the Contractor without further
acknowledgment of the Parties.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or
any successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Contractor or to its successor, or for breach of any obligation of the terms
of this Agreement.
D.9.b
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8.1 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or
shall acquire any interest, directly or indirectly, which would conflict in any manner with the
interests of City or which would in any way hinder Contractor’s performance of services under
this Agreement. Contractor further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Contractor agrees to at all times avoid
conflicts of interest or the appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or
indirect, in this Agreement nor shall any such officer or employee participate in any decision
relating to the Agreement which effects his financial interest or the financial interest of any
corporation, partnership or association in which he is, directly or indirectly, interested, in violation
of any State statute or regulation. The Contractor warrants that it has not paid or given and will not
pay or give any third party any money or other consideration for obtaining this Agreement.
8.2 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all
persons claiming under or through them, there shall be no discrimination against or segregation
of, any person or group of persons on account of race, color, creed, religi on, sex, gender, sexual
orientation, marital status, national origin, ancestry, or other protected class in the performance of
this Agreement. Contractor shall take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, color, creed, religion,
sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.
8.3 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the
Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions
imposed, together with any and all costs, including attorneys' fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication
either party desires or is required to give to the other party or any other person shall be in writing
and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City
Manager and to the attention of the Contract Officer (with her/his name and City title), City of
Grand Terrace, 22795 Barton Road, Grand Terrace, California 92313, and in the case of the
Contractor, to the person at the address designated on the execution page of this Agreement. Either
D.9.b
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party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated at the time personally delivered or in seventy -two (72)
hours from the time of mailing if mailed as provided in this Section. All correspondence relating
to this Agreement shall be serialized consecutively.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of
the language used and shall not be construed for or against either party by reason of the authorship
of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed
to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and
exclusive expression of the understanding of the parties. It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and this Agreement supersedes
and cancels any and all previous negotiations, arrangements, agreements and understandings, if
any, between the parties, and none shall be used to interpret this Agreement. No amendment to or
modification of this Agreement shall be valid unless made in writing and approved by the
Contractor and by the City Council. The parties agree that this requirement for written
modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall
not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its invalidity deprives either
party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect,
in this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in
violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
“financial interest” shall be consistent with State law and shall not include interests found to be
“remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor
warrants and represents that it has not paid or given, and will not pay or give, to any third party
D.9.b
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including, but not limited to, any City official, officer, or employee, any money, consideration, or
other thing of value as a result or consequence of obtaining or being awarded any agreement.
Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s),
or other conduct or collusion that would result in the payment of any money, consideration, or
other thing of value to any third party including, but not limited to, any City official, officer, or
employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is
aware of and understands that any such act(s), omission(s) or other conduct resulting in such
payment of money, consideration, or other thing of value will render this Agreement void and of
no force or effect.
Contractor’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that
(i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver
this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
D.9.b
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
City of Grand Terrace, a municipal corporation
_____________________________________
Konrad Bolowich, City Manager
ATTEST:
_____________________________________
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
_____________________________________
Adrian R. Guerra, City Attorney
CONTRACTOR:
SUPERIOR BUILDING MAINTENANCE
LLC.
By:
___________________________________
Name: Jennifer Nieves
Title: CEO
By:
___________________________________
Name:
Title:
Address:
Two corporate officer signatures required when Contractor is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
D.9.b
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
D.9.b
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
D.9.b
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01247.0006/669201.8
EXHIBIT “A”
SCOPE OF WORK
Locations
“City Hall” Civic Center, Community
Room, Council Chambers & Annex
Building
22795 Barton Road, Grand Terrace, CA 92313
Richard Rollins Park 22745 De Berry St; Grand Terrace, California 92313
Veterans Freedom Park 21950 Pico St, Grand Terrace, CA 92313
Fitness Park 21937 Grand Terrace Rd, Grand Terrace, CA 92313
Dog Park 22720 Vista Grande Way, Grand Terrace, CA 92313
Griffin Park Canary/Merle Ct, Grand Terrace, CA 92313
34.0368817360028, -207.30320716931708
TJ Austyn Park 22745 Robin Way, Grand Terrace, CA 92313
I. Civic Center – City Hall, Council Chambers, and Community Room
a. Provide Services Five (5) Days/Week: Monday to Friday
i. Sweeping and mopping hard surface floors, vacuuming carpets, and spot
cleaning spills.
ii. Emptying all trash bins located throughout the building, including offices,
public areas, restrooms, and break rooms.
iii. Spot-clean door glass, door frames, and counter tops.
iv. Remove spillage spots from carpets.
v. Replace wastebasket liners as necessary.
vi. Clean countertops, tables, sinks, and appliances in the designated areas:
breakroom, community room, and upstairs sink area.
vii. Empty sanitary napkin containers and replace inserts.
viii. Clean and disinfect all dispensers.
ix. Cleaning and sanitizing toilets, sinks, countertops, and mirrors in
restrooms.
x. Checking and refilling restroom supplies such as toilet paper, paper
towels, seat cover dispensers, and hand soap.
(Supplies will be provided)
b. Weekly Service
i. Dusting shelves, picture frames, and other surfaces throughout the
building.
ii. Cleaning inside and outside of appliances in kitchen and break room areas,
such as microwaves, refrigerators, and coffee makers.
iii. Thorough cleaning of furniture, baseboards, and vents, as well as cleaning
entry door metal and thresholds
iv. Clean entry door metal and thresholds.
v. Clean, wipe, and dust ledge on both stairwells near windows.
D.9.b
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vi. Washing and sanitizing trash bins.
vii. Sanitize the hard surfaces in the Council Chambers, sweep and mop the
lobby. Additionally, clean the Council Chambers' kitchen every 2nd and
4th Wednesday
c. Monthly Service
i. Dust picture frames.
ii. Spot cleaning upholstery on chairs and sofas in common areas.
iii. Brush down or vacuum ventilation grills.
d. Floor Service
i. Mop floors for spillage daily in lobby, community room, and breakroom.
ii. Floor Stripping and Waxing: Stripping old wax from hard surface floors
and applying new wax. (Twice/year)
iii. Carpet Steam Cleaning: Performing deep steam cleaning of carpets.
(Twice/year)
iv. Restroom Grout Cleaning: Deep cleaning and scrubbing of restroom grout.
(Twice/year)
e. Window Cleaning Service
i. Spot clean entry lobby window glass inside and out
f. Exterior Service
i. Sweeping entrance areas, mats, and cleaning exterior windows and doors
and remove any cobwebs.
II. Civic Center - Annex Building
a. Provide Services One (1) Day/Week: Friday
i. Office Area
1. Vacuuming or mopping floors.
2. Emptying trash cans and replacing liners.
3. Wiping down and sanitizing door handles, light switches, and other
high-touch surfaces.
4. Cleaning windows and glass surfaces as needed.
ii. Kitchen
1. Cleaning and sanitizing all countertops and surfaces.
2. Sweeping and mopping floors.
3. Emptying trash cans and replacing liners.
iii. Bathroom
1. Cleaning and sanitizing all surfaces including sinks, countertops,
and toilet.
2. Mopping floors and ensuring they are free from any spills or
debris.
3. Cleaning mirrors and glass surfaces.
4. Restocking supplies such as soap dispensers, toilet paper, paper
D.9.b
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towels, and trash bags.
(Supplies will be provided)
III. Provide Services at 7:00 a.m. and 1:00 p.m. - Saturday, Sunday & Holidays at
Richard Rollins, Veterans Freedom, TJ Austyn, Griffin, GT Fitness Park, and
Dog Park
a. Daily Service for Common Areas
i. Open parks and restroom facilities each morning at 7:00 a.m.
ii. Sweep and mop floors with germicidal solution.
iii. Disinfect all surfaces including sinks, countertops, toilet seats, urinals, and
handles.
iv. Refill soap dispensers, toilet paper, and paper towel holders.
v. Empty trash bins and replace liners.
vi. Polish all metal and mirrors.
vii. Disinfect the underside and tops of toilet seats.
viii. Spot-clean tile walls and toilet partitions.
ix. Spot-clean walls around wash basins
x. Empty sanitary napkin containers and replace inserts.
xi. Pour clean water down floor drains to prevent sewer gases.
xii. Clean and polish drinking fountains.
xiii. Empty dog waste receptacles and restock dog waste bags (Dog Park,
Griffin Park, TJ Austyn Park only)
xiv. Check park for dog feces near entranceways and turf, collect, and dispose
(Dog Park only)
xv. At 1:00 p.m. do the following:
1. Conduct a second walkthrough of the park to ensure cleanliness
and address any issues that may have arisen since the morning
service.
2. Service restrooms again, including cleaning, restocking, and trash
removal. (Supplies provided)
3. Empty trash bins throughout the park and replace liners as
necessary.
4. Check for and dispose of trash and debris on park grounds.
5. Check and clean picnic shelter areas.
6.
IV. Inspections
The City reserves the right to conduct inspections to confirm that the proper levels of janitorial
maintenance service are performed on the City facilities. If the City finds the maintenance service
fails to meet expectations, the City will notify the Service Provider in writing. Service Provider
shall promptly correct any deficiencies within 24 hours. Failure to correct such deficiencies or
repeating the same deficiency will be considered a breach of the Contract. The service provider is
also responsible for informing the City of any broken equipment, unremoved graffiti, broken
sprinklers, etc., noticed within 48 hours.
D.9.b
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EXHIBIT “A-1”
D.9.b
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
D.9.b
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the Services in Exhibit A at the following rates:
II. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice is to include:
D.9.b
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III. The total compensation for the Services shall not exceed the Contract Sum as
provided in Section 2.1 of this Agreement.
D.9.b
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EXHIBIT C-1
D.9.b
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall commence performance of all Services within 3 business days of this
Agreement’s complete execution by the parties. Consultant shall further perform all
Services timely in accordance with the schedules to be developed by Consultant and
subject to the written approval of the Contract Officer.
II. In addition to any other tangible work products required by this Agreement,
Consultant shall deliver such tangible work products that the City may require from
time to time.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
IV. The City in its sole discretion may extend the term of this Agreement in writing by
two (2) terms of one (1) year each.
D.9.b
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AGENDA REPORT
MEETING DATE: May 28, 2024
TITLE: Terminate the July 1, 2022 Memorandum of Understanding
by and Between Colton Joint Unified School District and the
City of Grand Terrace
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: That the City Council direct the City Manager to send
notification terminating the Memorandum of Understanding
by and between Colton Joint Unified School District and the
City of Grand Terrace dated July 1, 2022.
2030 VISION STATEMENT:
This staff report supports Goal #4, Work Collaboratively with Community Groups,
Private and Public Sector Agencies to Facilitate the Delivery of Services Benefiting
Youth, Seniors and Our Community
BACKGROUND:
In 2017, the City Manager entered into a four (4) year agreement (with several
extensions) with Colton Joint Unified School District (CJUSD) for the City to pay for all
costs associated with providing crossing guard services for Grand Terrace Elementary
School at the intersection of Barton Road and Michigan Street (now known as Barton
Road and Vivienda Avenue). The first-year costs were $8,759 and the new agreement
had the City bearing 100% of all costs associated with the crossing guard services.
DISCUSSION:
On April 25, 2023, staff submitted a new one-year Memorandum of Understanding for
discussion and direction. City Council approved the MOU retroactively in the amount of
$15,519 for the school year 2022 -2023 and directed staff to renegotiate future contracts
for crossing guards and return to the City Council with a recommendation.
Staff has reached out to CJUSD on several occasions to discuss the renegotiation of
future MOUs for crossing guard services. Unfortunately, as of this report, no discussions
have been successfully held.
At this time, it is the recommendation of staff that the City Council elect to terminate the
MOU effective June 30, 2023, and no extensions to the MOU dated July 1, 2022 will be
requested.
ENVIRONMENTAL IMPACT
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None
FISCAL IMPACT:
None.
ATTACHMENTS:
• CJUSD MOU_Crossing Guards - 2023-15 (PDF)
APPROVALS:
Konrad Bolowich Completed 05/15/2024 10:11 AM
City Manager Completed 05/15/2024 12:47 PM
City Council Pending 05/28/2024 6:00 PM
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AGENDA REPORT
MEETING DATE: May 28, 2024 Council Item
TITLE: Introduction and First Reading of an Ordinance Approving
Zone Change Amendment (ZCA) 23-01 Amending City
Municipal Code Title 18 (Zoning) Chapter 18.60 (Off-Street
Parking) Chapter 18.60 (Off-Street Parking) Pertaining to
Off-Street Parking Requirements. CEQA: the
Adoption of the Proposed Ordinance is Not a “Project” that is
Subject to CEQA Review Because it Will Not Result in Direct
Physical Change in the Environment, or a Reasonably
Foreseeable Indirect Physical Change in the Environment.
(See, §15061(B)(3) – Common Sense Exemption.)
PRESENTED BY: Scott Hutter, Planning & Development Services Director
RECOMMENDATION: It is recommended that the City Council take the following
actions:
1) Conduct a public hearing; and
2) Introduce an Ordinance approving Zone Change
Amendment (ZCA) 23-01 amending City Municipal Code
Title 18 (Zoning) Chapter 18.60 (Off-Street Parking)
pertaining to off-street parking requirements and find an
Environmental Exemption pursuant to Section 15061(b)(3) of
the California Environmental Quality Act (CEQA) Guidelines.
2030 VISION STATEMENT:
This project supports Goal 3 to promote economic development by preparing for future
development by updating the zoning and development codes to ensure parking standards are
current per the Circulation Element Implementation Plan Goal 3.3 and Policy 3.3.2.
SUMMARY:
The City of Grand Terrace proposes a Zone Change Amendment (ZCA) 23-01 to amend
parking regulations found within Chapter 18.60 (Off-Street Parking) of the City’s Municipal Code
for the City Council’s consideration. The proposed amendments will clarify areas of the off-street
parking requirements that are unclear such as car overhang into a planter area and maximum
parking needed for a drive-through only restaurant with no indoor dining or take-out. On May 2,
2024, the Planning Commission / Site and Architectural Review Board conducted a public
hearing and recommended approval of ZCA 23-01 with the inclusion of six (6) recommendations
to the City Council. Those recommendations are detailed below in the “Analysis” section of this
agenda staff report.
BACKGROUND:
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Title 18 of the Municipal Code contains Section 18.60.030 which identifies off-street parking
regulations for residential and non-residential uses. Through the project proposal review
process, proposed uses are reviewed for compliance with off-street parking regulations.
Although Section 18.60.030 currently includes off-street parking regulations for a variety of use
types, updates and modifications were needed to provide additional clarification of the
regulations; and to update the City’s policies regarding parking regulations to be more in line
with development best practices.
ANALYSIS:
Notable modifications proposed by Zone Change Amendment (ZCA) 23-01 are:
1. Updating parking standards for fast food restaurants with and without drive-throughs.
2. Updating gas station parking to address convenience stores and fuel pumps.
3. Added drive-through queueing standards from the Institute of Transportation Engineers.
4. Added handicapped, queued, and electric vehicle spaces into parking space counts.
5. Added a parking space overhang into a planter area into space dimensions.
6. Added a parking management plan requirement to ministerial parking adjustments.
7. Updated shared parking to require site-specific parking study from an engineer.
On May 2, 2024, the Planning Commission / Site Architectural Review Board conducted a
Public Hearing on the Project at the Grand Terrace City Council Chambers located at 22795
Barton Road, Grand Terrace, California 92313 and concluded the hearing on said date with
adoption of Planning Commission Resolution 2024-03 subject to the following six (6)
recommendations:
1) Revise Section 18.60.030 (B.) (3.) (i.) so that the ratio is one parking space for
each employee on the largest shift. Section 18.60.030 (B.) (3.) (i.) was revised to
read in its entirety as follows:
“i. Drive-Through Fast Food Restaurants: (i) Fast food restaurants that are drive-
through only (no dine in and no take-out/walk-up) require one parking space
for every two one employees on the largest shift; (ii) Fast food restaurants that
are drive-through and dine-in require one-parking space per 100 square feet
of gross floor area; (iii) Fast food restaurants that are drive-through and take-
out/walk-up with no dine-in seating require one parking space for every two
one employees on the largest shift, and one space for every 200 square feet
of outdoor seating/eating area;”
2) Ensure “drive-thru” or “drive-through” is used consistently in Chapter 18.60 (Off-
Street Parking). All instances where “drive-through” was used have been
grammatically revised to “drive-thru” in Chapter 18.60 (Off-Street Parking).
3) Revise Section 18.60.030 (B.) (3.) (j.) so that only half of the parking located at
the fuel pumps is credited towards the off-street parking for a gas station. Section
18.60.030 (B.) (3.) (j.) was revised to read in its entirety as follows:
“j. Gas stations: (i) Three parking spaces; (ii) Plus two parking spaces for each
service bay; (iii) Plus one parking space per 250 square feet of gross floor area
for an ancillary retail store or restaurant component (iv) Plus no more than one
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parking 50% of the parking spaces at the per fuel pump nozzles may be credited
towards meeting off-street parking requirements;”
4) Revise Section 18.60.030 (D.) (1.) (f.) so that credit of up to five drive -thru
spaces towards the total number of off street parking spaces required only
applies to drive-thru restaurants with dine in. This queuing credit does not apply
to drive-thru restaurants that lack indoor dining Section 18.60.030 (D.) (1.) (f.)
was revised to read in its entirety as follows:
“f. No more than five drive-thruough queueing spaces shall be counted towards
the total number of off-street parking spaces required for the a dine-in
restaurant business with the drive-thruough. This section shall not apply to
any restaurant with both a drive-thru and take out or to any restaurant that is
drive-thru only.
5) Ensure “ADA Accessible” is used consistently in Chapter 18.60 (Off-Street
Parking). All instances where “handicapped” was uses has been grammatically
revised to “ADA Accessible” in Chapter 18.60 (Off-Street Parking).
6) Revise Section 18.060.030 (B.) (3.) (f.) to remove the part (i) that requires a
parking space for every four fixed seats and just use part of (ii) as the standard at
one space for every 25 square feet of seating area. Section 18.060.030 (B.) (3.)
(f.) was revised to read in its entirety as follows:
“f. Churches and other areas of assembly not specified in this chapter: (i) One
parking space for every four fixed seats; (ii) One parking space for every 25
square feet of seating area within the main auditorium where there are no
fixed seats; Note: Twenty-four linear inches of bench or pew shall be
considered a fixed seat;”
A full accounting of the proposed modifications to Chapter 18.60 - Off-Street Parking,
incorporating all six (6) recommendations from the Planning Commission / Site Architectural
Review Board is provided in the tracked text edits of Chapter 18.60 provided as Attachment 2 to
this agenda staff report.
This Parking Ordinance is consistent with the spirit and intent of the Implementation Plan Goal
3.3 and Policy 3.3.2 in that is the City conducting a periodical review of the Zoning Code parking
standards to assure that adequate off-street parking is available for specific land uses. The
modifications to Chapter 18.60 (Off-Street Parking) are intended to address identified
shortcomings of the code and make it clearer what parking is required for land uses and
developments.
ENVIRONMENTAL REVIEW:
Zone Change Amendment (ZCA) 23-01 is exempt from California Environmental Quality Act
(CEQA) pursuant to Section 15061(b)(3) - Common Sense Exemption. The Zone Change
Amendment activity is covered by the common sense exemption that CEQA applies only to
projects which have the potential for causing a significant effect on the environment. Where it
can be seen with certainty that there is no possibility that the Zone Change Amendment activity
in question may have a significant effect on the environment, the Zone Change Amendment
activity is not subject to CEQA. A Notice of Exemption (NOE) is provided as Attachment 3 to this
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agenda staff report and will be filed with the County and State should the City Council approve
this Ordinance for ZCA 23-01.
NOTIFICATION:
The Public Hearing Notice for the Project was published in compliance with the City's Municipal
Code and the City’s “Expanded Public Noticing and Outreach Policy for Public Hearings and
Public Workshops.” The Public Hearing Notice was published at the Grand Terrace City News,
posted in three public places, including Grand Terrace News Paper, City Hall Lobby and Kiosk.
To date, the City has not received any comments.
FINDINGS:
Municipal Code Section §18.90.040 - Planning Commission Public Hearing and
Recommendation, lists the findings of fact that must be made by the Planning Commission and
City Council when amending Title 18 “Zoning. The Planning Commission made all necessary
findings, and they are detailed in the draft Ordinance approving ZCA 23-01 which is provided as
Attachment 1 to this agenda staff report.
CONCLUSION:
Planning Commission / Site and Architectural Review Board recommended that City Council
approve the Ordinance for Zone Change Amendment (ZCA) 23-01 and determine that the
Ordinance is exempt from CEQA pursuant to Section 15061(b)(3) - Common Sense Exemption.
Upon receiving a recommendation from the Planning Commission/ Site Architectural Review
Board, the City Council shall conduct a Public Hearing and may approve, modify, or disapprove
the recommendation of the Planning Commission, provided that any modification of the
proposed amendment by the City Council not previously considered by the Planning
Commission during its hearing, shall first be referred back to the Planning Commission for its
consideration and recommendation. Such consideration resulting from a City Council referral
shall require a Public Hearing. Failure by the Planning Commission to report to the City Council
on the proposed modification within 40 days, or such longer period as the City Council may
designate, shall be deemed an approval of the proposed modification by the Planning
Commission. Staff is in support of Planning Commission’s recommendation that City Council
approve the Ordinance for Zone Change Amendment (ZCA) 23-01 with the inclusion of the six
(6) Planning Commission recommendations.
ATTACHMENTS:
• Attachment 1 Ordinance for ZCA 23-01(984633.1) (PDF)
• Attachment 2 Tracked Text Edits Ordinance for ZCA 23-01 (PDF)
• Attachment 3 CEQA Notice of Exemption(984636.1) (PDF)
APPROVALS:
Scott Hutter Completed 05/22/2024 10:22 AM
Finance Skipped 05/22/2024 10:23 AM
City Manager Completed 05/22/2024 2:54 PM
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City Council Pending 05/28/2024 6:00 PM
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01247.0005/984633.1 Page 1 of 18
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF GRAND TERRACE,
CALIFORNIA, APPROVING ZONE CHANGE AMENDMENT (ZCA) 23-01, TO
AMEND TITLE 18 (ZONING) OF THE GRAND TERRACE MUNICIPAL CODE
BY REPEALING AND REPLACING CHAPTER 18.60 (OFF-STREET PARKING)
IN ITS ENTIRETY
WHEREAS, the City of Grand Terrace (“City”) adopted a Zoning Code as set forth in Title
18 of the Grand Terrace Municipal Code, which has been amended from time to time; and
WHEREAS, the City wishes to protect and preserve the quality of life throughout the City
through effective land use and planning; and
WHEREAS, Chapter 18.60 (Off-Street Parking) of the Municipal Code requires off-street
parking for all proposed development within the City of Grand Terrace to ensure that adequate
facilities are provided to meet the needs created by specific land uses, thereby promoting the
usefulness of the various uses and protecting the public health and safety; and
WHEREAS, Zone Change Amendment (ZCA) 23-01 proposes to amend Section
18.60.030 (Parking Regulations) of Chapter 18.60 (Off Street Parking) relating to parking
requirements for non-residential uses; and
WHEREAS, state law requires that the City’s Zoning Code (Title 18 of the Grand Terrace
Municipal Code) conform with the General Plan’s goals and policies; and
WHEREAS, pursuant to Sections 65800 and 65850 of the California Government Code,
the City may adopt ordinances to establish requirements for off-street parking, in compliance with
the California Government Code; and
WHEREAS, notice of the City Council Public Hearing concerning this Ordinance was duly
published in a local newspaper at least ten (10) days prior to the Public Hearing and posted by
the City Clerk in compliance with the City’s Zoning Code and City Council Resolution No. 2019-
24, Expanded Public Noticing and Outreach Policy for Public Hearings and Public Workshops;
and
WHEREAS, Ordinance No. ___ approving Zone Change Amendment (ZCA) 23-01 is
exempt from California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) –
Common Sense Exemption in that the activity is covered by the general rule that CEQA applies
only to projects, which have the potential for causing a significant effect on the environment and
the update to off-street parking standards in the Zoning Code will not have a significant effect on
the environment because the amendment only changes minimum code requirements and criteria;
and
WHEREAS, on May 2, 2024, the Planning Commission/Site and Architectural Review
Board of the City of Grand Terrace conducted a duly noticed Public Hearing on Zone Change
Amendment (ZCA) 23-01 and considered testimony and evidence presented by the public, city
staff, and other interested parties, at the Public Hearing held within respect thereto; and
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WHEREAS, on May 2, 2024, the Planning Commission/Site and Architectural Review
Board and concluded the Public Hearing with adoption of Planning Commission/Site and
Architectural Review Board Resolution 2024-03 recommending City Council approval of Zone
Change Amendment (ZCA) 23-01 subject to the following six (6) recommendations:
1) Revise Section 18.60.030 (B.) (3.) (i.) so that the ratio is one parking space for
each employee on the largest shift. Section 18.60.030 (B.) (3.) (i.) was revised to
read in its entirety as follows:
“i. Drive-Through Fast Food Restaurants: (i) Fast food restaurants that are drive-
through only (no dine in and no take-out/walk-up) require one parking space for
every one employee on the largest shift; (ii) Fast food restaurants that are drive-
through and dine-in require one-parking space per 100 square feet of gross floor
area; (iii) Fast food restaurants that are drive-through and take-out/walk-up with
no dine-in seating require one parking space for every one employee on the
largest shift, and one space for every 200 square feet of outdoor seating/eating
area;”
2) Ensure “drive-thru” is used consistently in Chapter 18.60 (Off-Street Parking). All
instances where “drive-through” was used has been grammatically revised to
“drive-thru” in Chapter 18.60 (Off-Street Parking).
3) Revise Section 18.60.030 (B.) (3.) (j.) so that only half of the parking spaces at the
fuel pumps is credited towards the off-street parking for a gas station. Section
18.60.030 (B.) (3.) (j.) was revised to read in its entirety as follows:
“j. Gas stations: (i) Three parking spaces; (ii) Plus two parking spaces for each
service bay; (iii) Plus one parking space per 250 square feet of gross floor area for
an ancillary retail store or restaurant component (iv) Plus no more than 50% of the
parking spaces at the fuel pump nozzles may be credited towards meeting off-
street parking requirements;”
4) Revise Section 18.60.030 (D.) (1.) (f.) so that credit of up to five drive-thru spaces
towards the total number of off street parking spaces required only applies to drive-
thru restaurants with dine in. This queuing credit does not apply to drive-thru
restaurants that lack indoor dining Section 18.60.030 (D.) (1.) (f.) was revised to
read in its entirety as follows:
“f. No more than five drive-thru queueing spaces shall be counted towards the total
number of off-street parking spaces required for a dine-in restaurant with the
drive-thru. This section shall not apply to any restaurant with both a drive -thru
and take out or to any restaurant that is drive-thru only.
5) Ensure “ADA Accessible” is used consistently in Chapter 18.60 (Off-Street
Parking). All instances where “handicapped” was used has been grammatically
revised to “ADA Accessible” in Chapter 18.60 (Off-Street Parking).
6) Revise Section 18.060.030 (B.) (3.) (f.) to remove the part (i) that requires a parking
space for every four fixed seats and just use part of (ii) as the standard at one
space for every 25 square feet of seating area. Section 18.060.030 (B.) (3.) (f.)
was revised to read in its entirety as follows:
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“f. Churches and other areas of assembly not specified in this chapter: One parking
space for every 25 square feet of seating area;”
WHEREAS, on May 28, 2024, the City Council conducted a duly noticed Public Hearing
on Ordinance No. __ at the Grand Terrace Council Chambers located at 22795 Barton Road,
Grand Terrace, California 92313 and conducted second reading on______, 2024; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred; and,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES
ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby specifically finds that all the facts set forth in the
above Recitals, are true and correct and incorporated herein by this reference and made a part
hereof.
SECTION 2. Based upon the forgoing and all oral and written testimony by members of
the public and City staff (including, but not limited to, staff reports and attachments) made at the
public hearing, the City Council hereby finds that the Project “Zone Change Amendment (ZCA)
23-01” is not subject to environmental review pursuant to Section 15061(b)(3) of the California
Environmental Quality Act (CEQA) Guidelines as follows:
Finding: A project is exempt from CEQA if the activity is covered by the commonsense
exemption that CEQA applies only to projects which have the potential for causing a
significant effect on the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA.
Facts in Support of Finding: The City of Grand Terrace has reviewed the proposed
project pursuant to: 1) CEQA Guidelines Section 15002(k) – General Concepts, the three-
step process for deciding which document to prepare for a project subject to CEQA; and
2) CEQA Guidelines Section 15061 – Review for Exemption, procedures for determining
if the Zone Change Amendment project is exempt from CEQA. Since it can be seen with
certainty that the proposed Zone Change Amendment (ZCA) 23-01 solely proposes to
modify the City’s non-residential off-street parking standards, it has no foreseeable
potential to have a significant adverse effect on the environment. The City of Grand
Terrace has determined that the proposed Zone Change Amendment (ZCA) 23-01 is
considered to be exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) -
Common Sense Exemption. The project is exempt under the “common sense” exemption
because it does not involve any grading, demolition, or construction activities that will have
a significant effect on the environment. The project is strictly a text update to the City’s
parking standards found within the Zoning Code. It can be said with certainty that the
project will not have a significant effect on the environment. As such, the proposed project
is exempt from CEQA, or not subject to CEQA, pursuant to CEQA Guidelines Section
15061(b)(3) – Common Sense Exemption.
A Notice of Exemption has been prepared for the project in that the activity is covered by
the general rule that CEQA applies only to projects, which have the potential for causing a
significant effect on the environment. The project will not have a significant effect on the
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environment because the amendments only change administration procedures to the requirement
of the municipal code.
SECTION 3. Based upon the forgoing and all oral and written testimony by members of
the public and City staff (including, but not limited to, staff reports and attachments) made at the
Public Hearing, the City Council determines the findings for Zone Change Amendment (ZCA) 23-
01 pursuant to Grand Terrace Municipal Code Section §18.90.040 can be made supporting the
project application as follows:
1) Finding: The proposed amendment will not be detrimental to the health, safety, morals,
comfort or general welfare of the persons residing or working within the neighborhood of
the proposed amendment or within the City.
Facts in Support of Finding: The Zone Change Amendment (ZCA) 23-01 to amend
Section 18.60.030 (Parking Regulations) of Chapter 18.60 (Off-Street Parking) of the
City’s Municipal Code refines the parking standards. ZCA 23-01 is addressing drive-thru
fast-food restaurants, employee parking, gas stations, stacking/queuing among other
changes to Section 18.60.030 is provided in SECTION 4 below. There is no foreseeable
detriment to the persons working or living within the City resulting from the proposed ZCA
23-01 Off-Street Parking modifications.
2) The proposed amendment will not be: Injurious to property or improvements in the
neighborhood or within the City.
Facts in Support of Finding: The Zone Change Amendment (ZCA) 23-01 to amend
Section 18.60.030 (Parking Regulations) of Chapter 18.60 (Off-Street Parking) of the
City’s Municipal Code refines the standards. ZCA 23-01 is addressing drive-thru fast-food
restaurants, employee parking, gas stations, stacking/queuing among other changes to
Section 18.60.030 is provided in SECTION 4 below. There is no anticipated injurious
fallout to property improvements within neighborhoods in the City as a result of the
proposed ZCA 23-01 Off-Street Parking modifications.
3) The proposed amendment will be consistent with the latest adopted general plan.
Facts in Support of Finding: The Circulation Element’s Implementation Plan for the City
of Grand Terrace addresses the administrative aspects of the Element. The
Implementation Plan includes:
• Implementation Measures that focus on the City’s Ordinance and Development
Code and its administration including determination of General Plan
consistency and the development review process.
• Organizational Commitments such as interdepartmental coordination that is
required for General Plan implementation and the budgeting for specific
implementation programs.
• Funding programs and financial considerations of implementing specific
General Plan policies and programs.
The Implementation Plan includes Goal 3.3 “Provide for a safe circulation system” and
Policy 3.3.2 “The City shall require that new developments provide adequate off-street
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parking in order to minimize the need for on street parking” which support having an up-
to-date Parking Ordinance in the Zoning Code. Specifically, Policy 3.3.2 of the
Implementation Plan states:
• Review all new development projects for compliance with off-street parking standards
of the Zoning Ordinance.
• Periodically review Zoning Ordinance parking standards compared to other
jurisdictions to assure that adequate off-street parking is available for specific land
uses.
This Parking Ordinance is consistent with the spirit and intent of the Implementation Plan
Goal 3.3 and Policy 3.3.2 in that is the City conducting a periodical review of the Zoning
Code parking standards to assure that adequate off-street parking is available for specific
land uses.
SECTION 4. Title 18 (Zoning) Chapter 18.60 (Off-Street Parking) of the Grand Terrace
Municipal Code is hereby repealed and relaced to read in its entirety as follows:
“Chapter 18.60 OFF-STREET PARKING
Sections:
18.60.010 Purpose.
The purpose of this Chapter is to establish off-street parking regulations to ensure that
adequate facilities are provided to meet the needs created by specific land uses, thereby
promoting the usefulness of the various uses and protecting the public health and safety.
18.60.020 Application.
The regulations of this Chapter shall apply in the event any of the following actions occur:
A. Any new construction;
B. Any change of use or new use established (includes any proposed use of a structure
which has been vacant for a period of six months or more);
C. Any addition or enlargement of an existing structure or use;
D. Any change in the occupancy of a structure or manner in which a use is conducted
which results in the need for additional parking facilities.
18.60.030 Parking regulations.
The requirements for off-street parking shall be as follows:
A. Residential Uses.
1. Single-family dwellings (detached):
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a. Two parking spaces for each residential unit shall be provided on the same
parcel of land as the residential unit,
b. The required spaces shall be located within a garage.
2. Multiple-family dwellings:
a. One parking space for each studio or efficiency unit.
b. Two parking spaces for each one-, two- or three-bedroom unit.
c. Three parking spaces for each four-bedroom unit or more.
d. At least one space shall be located within a garage or carport, and all required
spaces shall be located within 150 feet of the unit being served.
e. Guest parking shall be provided at a ratio of 0.25 spaces for each residential
unit, and shall be rounded up to the next whole number.
f. Guest parking:
(i) Shall be identified as "Guest Parking";
(ii) Shall not be used for the storage of recreational vehicles, boats,
trailers or other similar items;
(iii) Shall be located on the same parcel of land as the residential units
and shall be within reasonable walking distance of said units;
(iv) May be uncovered spaces; and
(v) May be located on a private street within the site or in a common
parking area.
3. Second units and two-unit developments: See Chapter 18.65.
4. Accessory dwelling units and junior accessory dwelling units: See Chapter 18.69.
B. Commercial/Office Uses.
1. General commercial and/or office centers comprised of a minimum of 35,000
square feet of gross floor area: One parking space shall be required for every 225
square feet of gross floor area or area devoted to a specific use.
Note: The following uses shall in any case provide the number of parking spaces
as required in the following subdivision (3); drive-thru fast-food restaurants, educational
facilities, hospitals, motor vehicle sales facilities and theaters.
2. General Commercial and/or office centers comprised of a minimum of seventy-five
thousand square feet of gross floor area: One parking space shall be required for
every 250 square feet of gross floor area or other area devoted to a specific use.
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Note: The following uses shall in any case provide the number of parking spaces
as required in following subdivision (3); drive-thru fast-food restaurants, educational
facilities, hospitals, motor vehicle sales facilities and theaters.
3. The following number of parking spaces shall be required for specific
commercial/office uses which are not located within a center as described in the
above subdivisions (1) and (2):
a. Amusement enterprises, commercial recreation and similar uses: One
parking space for every four persons using or attending the facility;
b. Automobile washing and cleaning establishments: (i) Full-service facilities
require one parking space for each employee; (ii) Self-service facilities require
two and one-half parking spaces for each washing bay;
c. Barbershops and beauty salons: Two parking spaces for each barber chair or
beautician's station;
d. Banks, savings and loan offices and other financial institutions: One parking
space for every 200 square feet of gross floor area;
e. Bowling alleys and/or billiard halls: (i) Five parking spaces for each lane; (ii)
Two parking spaces for each billiard table;
f. Churches and other areas of assembly not specified in this chapter: One
parking space for every 25 square feet of seating area;
g. Delicatessens, sandwich shops, retail bakeries, fast food restaurants that do
not have a drive-thru, and other establishments for the sale of food and
beverages to be consumed either on or off the premises: require one parking
space for every 200 square feet of gross floor area (includes outdoor seating
areas);
h. Educational facilities: (i) Elementary and junior high schools require two
parking spaces for each classroom; (ii) Senior high schools require one
parking space for each employee and one parking space for every six
students regularly enrolled; (iii) Colleges, universities and institutions of higher
learning require one parking space for each employee and one parking space
for every three students regularly enrolled; (iv) Trade schools, business
colleges and commercial schools require one parking space for each
employee and one parking space for every three students regularly enrolled;
i. Drive-Through Fast Food Restaurants: (i) Fast food restaurants that are drive-
through only (no dine in and no take-out/walk-up) require one parking space
for every two one employees on the largest shift; (ii) Fast food restaurants
that are drive-through and dine-in require one-parking space per 100 square
feet of gross floor area; (iii) Fast food restaurants that are drive-through and
take-out/walk-up with no dine-in seating require one parking space for every
two one employees on the largest shift, and one space for every 200 square
feet of outdoor seating/eating area;
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j. Gas stations: (i) Three parking spaces; (ii) Plus two parking spaces for each
service bay; (iii) Plus one parking space per 250 square feet of gross floor
area for an ancillary retail store or restaurant component (iv) Plus no more
than one parking 50% of the parking spaces at the per fuel pump nozzles may
be credited towards meeting off-street parking requirements;
k. Health clubs, spas and exercise studios: One parking space for every 150
square feet of gross floor area;
l. Hospitals: (i) One and three-quarters parking spaces for each bed; (ii)
Convalescent hospitals, sanitariums and retirement facilities require one
parking space for every four beds;
m. Motels and hotels: (i) One parking space for each guest unit; (ii) Two parking
spaces for each employee;
n. Mortuaries and funeral homes: (i) One parking space for every 25 square feet
of gross floor area;
o. Motor vehicle sales and automotive repair: (i) One parking space for every
400 square feet of gross floor area;
p. Offices: (i) General offices require one parking space for every 200 square
feet of gross floor area; (ii) Medical, dental and veterinary offices/clinics
require one parking space for every 200 square feet of gross floor area;
q. Residential and child care facilities: (i) One parking space for each employee;
(ii) One parking space for the first six children or patients and one parking
space for every four children or patients thereafter;
r. Restaurants, taverns and other establishments for the sale of food and
beverages to be consumed primarily on the premises: One parking space for
every one hundred square feet of gross floor area (includes outdoor seating
areas);
s. Retail sales: (i) One parking space for every two hundred square feet of gross
floor area;
t. Skating rinks (ice or roller): (i) One parking space for every one hundred
square feet of gross floor area;
u. Theaters: (i) One parking space for every four seats; (ii) One parking space
for each employee.
C. Manufacturing Uses.
1. Warehousing and other facilities for which the primary purpose is the storage of
goods: One parking space for every one thousand square feet of gross floor area.
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2. Manufacturing and other facilities for which the purpose is the processing or
assembly of goods: One parking space for every five hundred square feet of gross
floor area.
3. Research and development: One parking space for every three hundred fifty
square feet.
D. Special Requirements.
1. Drive-thru facilities;
a. Each drive-thru lane shall be separated from the circulation routes necessary
for ingress and egress from the property, or access to any parking space.
b. Each drive-thru lane shall be clearly marked and maintained with directional
arrows for the purpose of delineation.
c. In order to facilitate proper review of a drive-thru facility and the adequacy of
a proposed site design, the following information shall be required at the time
of submittal for a conditional use permit and/or site and architectural review
and shall contain the following information: (i) The nature of the product or
service being offered; (ii) The method by which the order is processed; (iii)
The time required to serve a typical customer; (iv) The arrival rate of
customers; (v) The peak demand hours; (vi) The anticipated vehicular
stacking requirements;
d. Drive-thru queueing areas shall be sized in accordance with the most current
Informational Report of the Institute of Transportation Engineers (ITE)
prepared by the ITE Technical Council Committee.
e. A drive-thru queueing analysis shall be prepared by a qualified traffic engineer
and shall be subject to review by the City Engineer or their designee.
f. No more than five drive-thru queueing spaces shall be counted towards the
total number of off-street parking spaces required for a dine-in restaurant with
the drive-thru. This section shall not apply to any restaurant with both a drive-
thru and take out or to any restaurant that is drive-thru only.
g. At a minimum one 45-gallon trash can with a chute shall be placed near the
exit of each drive-thru.
2. ADA Accessible spaces: At least one parking space or two percent of the required
parking spaces, which ever is greater, shall be designated for use by people with
disabilities. Said parking spaces shall be identified in the manner required by the
most current editions of the Uniform Building Code and the California Vehicle
Code. ADA Accessible spaces shall count toward the total number of off-street
parking spaces required.
3. Loading spaces. In addition to the number of parking spaces required for a specific
use, all commercial and industrial uses shall provide loading spaces as follows:
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01247.0005/984633.1 Page 10 of 18
a. One loading space for the first five thousand square feet of gross floor area
and one loading space for every ten thousand square feet of gross floor area
thereafter up to forty-five thousand square feet of gross floor area;
b. Each loading space shall be twelve feet in width and twenty feet in depth;
c. Loading spaces shall be located in an area to provide easy access to the
loading entrance of the use or uses it is to serve. Such loading entrances and
loading spaces should be located in a manner so as not to interfere with
pedestrian and/or vehicular traffic.
4. Bicycle Parking Facilities. All commercial and office uses may provide bicycle
parking facilities in a location convenient to the necessitating use as follows:
a. All bicycle parking facilities shall be of a design to allow the bicycle to be
secured in an upright position and shall be in a designated location;
b. Weatherproofing or facility covering should be used whenever possible;
c. The placement and design of all bicycle parking facilities shall be approved
by the planning department;
5. Shared parking. The Planning Director may allow a certain number of parking
spaces to be designated as meeting the requirements of more than one use subject
to the following conditions:
a. A site-specific parking study prepared by a qualified traffic engineer shall be
presented to the planning department demonstrating that substantial conflict
will not exist between the peak hours of operations of the individual uses
proposing to share the parking spaces;
b. The number of shared parking spaces shall not exceed twenty percent of the
required number of parking spaces for either designated use;
c. The shared parking spaces shall be located on the same or adjacent parcel
as the uses they are to serve and a convenient, visible pedestrian connection
between the lots exists;
d. A written agreement shall be executed, prior to establishing shared use of
parking, by all parties concerned assuring the continued availability of the
shared parking spaces. Said agreement shall be reviewed and approved by
the Planning Director and/or City Engineer and shall be recorded on the title
records of each affected property and filed with the San Bernadino County
Recorder’s Office;
e. The availability of parking for all affected properties is indicated by directional
signs and the properties shall be within one thousand feet of each other.
6. Recreational vehicle/utility trailer parking and storage:
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01247.0005/984633.1 Page 11 of 18
a. Recreational vehicles/utility trailers when parked or stored on residential
properties must be kept neat and clean at all times. Spider webs, debris,
excessive dirt, weed accumulation on and under a recreational vehicle/utility
trailer are prohibited at all times as are broken windows and flat tires. All
recreational vehicles/utility trailers must be weather resistant at all times;
b. All recreational vehicles/utility trailers when parked or stored on residential
properties must display current vehicle registration tags. Those recreational
vehicles/utility trailers not displaying current registration tags will be
considered inoperable and must be removed from the public view which
includes streets, sidewalks and adjacent properties;
c. All covers and tarps or any other material employed to protect a recreational
vehicle/utility trailer from the elements must be secured and must be weather
proof;
d. Rocks/bricks or other weighted items cannot be used to secure the weather
proofing cover;
e. All recreational vehicle/utility trailer parking and storage areas shall be
properly maintained and kept free of weeds, mud and other debris;
f. No recreational vehicle/utility trailer shall be parked or stored closer than ten
and one-half feet to curb face. Where there is no curb, the ten and one-half
feet shall be measured from the edge of the street pavement. No part of the
recreational vehicle/utility trailer including all equipment and towing
mechanisms, shall encroach into this ten and one-half feet;
g. In no instance shall a recreational vehicle/utility trailer be parked or stored
where any portion of the recreational vehicle/utility trailer blocks or overhangs
the sidewalk within the public right-of-way;
h. A recreational vehicle/utility trailer shall not be parked or stored where such
parking or storage constitutes a clear and demonstrable traffic hazard and
threat to public health and safety. Either the sheriff or city manager can, at
their discretion, declare the parking or storage of a particular recreational
vehicle/utility trailer to be a traffic hazard and require the immediate removal
of the recreational vehicle/utility trailer;
i. If a recreational vehicle/utility trailer is parked or stored on a portion of a
driveway leading to the garage of the residence, the garage door must be fully
operational which means it can be fully opened at all times;
j. No recreational vehicle/utility trailer shall be parked or stored in the corner lot
sideyard next to the street unless it complies with all other provisions of this
section;
k. All recreational vehicle/utility trailer must park perpendicular to the street
except where they are parked on a curved or circular driveway;
l. All recreational vehicles/utility trailers in the front yard or the sideyard must be
parked or stored on an improved surface such as concrete, asphalt, laid brick,
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01247.0005/984633.1 Page 12 of 18
or other impervious material. Recreational vehicles/utility trailers parked in the
backyard may be parked on gravel in lieu of an impervious surface;
m. All paved areas including areas used for recreational vehicle/utility trailer
parking and storage shall not exceed fifty percent of the lot area located
between the front property line and the required front setback line of the
residential zone and of the lot area located between the corner side property
line and the required sideyard setback line of a corner lot;
n. Recreational vehicles/utility trailers shall not be occupied for living purposes
or be used as a storage container. Electrical hookups are prohibited except
during loading and unloading or for the charging of batteries for no more than
forty-eight consecutive hours per week. Sewer hookups are prohibited at all
times;
o. No recreational vehicle/utility trailer shall be parked or stored on a residential
site for a period exceeding one month unless it is owned by the resident;
p. No camper shells or cab-over-campers shall be stored in the frontyard or the
corner sideyard of a corner lot other than on an operable and licensed pick-
up truck parked in a lawful manner. Said camper shells or cab-over-campers
may be stored unmounted in the interior sideyard or rearyard so long as they
are screened in conformance with Section 18.73.200 of the Municipal Code;
q. No boats or other watercraft shall be stored in the frontyard or sideyard other
than on a validly licensed trailer parked in a lawful manner;
r. No more than one recreational vehicle/utility trailer shall be parked in the
frontyard or sideyard for any lot or parcel less than 20,000 square feet in size.
A maximum of one additional recreational vehicle/utility trailer may be parked
in the rearyard for any parcel less than 20,000 square feet. For parcels 20,000
square feet or larger, two recreational vehicles/utility trailers may be parked
in the frontyard or sideyard. A maximum of two additional recreational
vehicles/utility trailers may be parked in the rearyard for any parcel 20,000
square feet or larger;
s. No second driveways or driveway approaches may be created or used for the
purposes of parking or storing a recreational vehicle/utility trailer except where
the lot is 100 feet wide or except where the second driveway would be on the
side of a corner lot where there is no existing driveway or driveway approach.
Any second driveway shall have the proper driveway approach requiring a
public works permit;
t. No recreational vehicle/utility trailer shall be parked on a public street if it is
within 50 feet of any intersection or within 50 feet of any crosswalk;
u. All non-motorized recreational vehicles/utility trailers must be attached to the
tow vehicle if parked on a public street. Any owner of a detached, non-
motorized recreational vehicle/utility trailer parked on the public street for any
length of time will be subject to immediate citation and/or to the removal of
the recreational vehicle/utility trailer at the owner's expense;
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v. No recreational vehicle/utility trailer shall be parked on a public street longer
than 72 consecutive hours without being moved. The total number of days a
recreational vehicle may be parked on a public street shall not exceed six
days per month;
w. Minor modifications or adjustments to this Section may be administratively
approved by the Community Development Director by means of a recreational
vehicle/utility trailer parking minor variance where conditions such as, but not
limited to, lot size, lot configuration, house location, previous construction or
improvements warrant a minor modification or adjustment. If the Community
Development Director cannot make such a determination, the matter may be
appealed to the City's Planning Commission with the appropriate appeal fee.
In no instance shall a modification or adjustment be made to the provisions of
this Section if it violates a safety concern/regulation of this Section.
18.60.040 Design standards.
The following design standards are established to provide the minimum specifications for
design, construction and maintenance of parking areas.
A. Dimensions. Table 18.60.040 with its associated illustrations establishes the minimum
dimensional requirements for parking areas in all districts, except in the case of "garage"
parking spaces as required by this subsection for single-family dwelling units. Such a
parking space shall be dimensioned as follows: A garaged parking space shall be ten
feet in width and 20 feet in depth.
B. Paving.
1. All parking areas shall be surfaced and maintained with asphaltic, concrete, or
other permanent, impervious surfacing material so as to prevent mud, dust, loose
material, and other nuisances. Alternate surface material may be approved by the
planning commission or Site and Architectural Review Board.
2. Concrete wheel stops shall be placed two feet from the front end of the parking
space. The resulting area between the wheel stop and the front end may be
landscaped with a low growing ground cover material.
3. Parking spaces may include a maximum two-foot overhang into landscape areas
provided that concrete wheel stops or curbs are provided, and the landscaping is
appropriately designed to accommodate the vehicle overhang.
4. Accessible electric vehicle (EV) charging spaces with access aisle count as two
standard parking spaces toward the total number of off-street parking spaces
required.
C. Lighting.
1. Lighting shall be designed to reflect away from residential districts and public
roadways.
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2. Light standards shall not exceed eighteen feet in height measured from the finished
grade of the parking surface.
3. No lighting shall create illumination on an adjacent property which exceeds five
footcandles (measured at ground level).
D. Striping.
1. All parking spaces and loading spaces shall be clearly striped and maintained with
double (hairpin) lines. Each of the lines shall be an equal nine inches from the
sideline of the required parking space. ADA Accessible parking spaces shall be
striped and individually identified in accordance with the Uniform Building Code
and the California Vehicle Code.
2. All aisles, fire lanes, maneuvering areas and/or other specified non-parking areas
shall be clearly marked and maintained with directional arrows and striping.
E. Landscaping. Landscaping shall be required in all parking areas as follows:
1. A minimum of five percent of the parking area shall be landscaped;
2. The required landscaping shall consist of low growing ground cover materials,
shrubs not to exceed three feet in height and one fifteen gallon tree for every five
parking spaces. Once established, the required trees shall be trimmed in a manner
to remove branches below the height of six feet from the parking surface;
3. Each parking area shall provide a perimeter landscape area around the perimeter
of the parking area. The perimeter landscape area shall be a minimum of five feet
in depth;
4. Each parking bay shall begin and end with a landscape planter. Landscape
planters shall contain a minimum of seventy-five square feet of landscape area and
the narrowest measurement from side to side shall be at least four feet;
5. One landscape planter shall be located approximately every ten parking spaces
and there shall in no case be more than fifteen parking spaces in an uninterrupted
row;
6. The required landscaping trees shall be located at the front end of the parking
spaces at a rate of one tree for every five parking spaces;
7. In the case where two parking bays are adjacent to each other, tree wells shall be
located at the front end of the parking spaces at the intervals as required above.
The tree wells shall contain a minimum of sixteen square feet of landscape area
and the narrowest measurement from side to side shall be at least four feet.
8. All landscaping areas, including landscape planters, perimeter landscape areas
and tree wells shall be fully irrigated by an automatic sprinkler system, shall be
separated from the paved parking surface by a six inch raised concrete curb or its
equivalent and shall be kept in a clean, neat and healthy condition and the irrigation
system in an adequate working order.
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9. All parking areas shall be screened from view from public streets and adjacent less
intensive uses by any one or combination of the following:
a. Walls. Low profile walls, not to exceed three feet in height, which shall consist
of stone, brick, decorative block or stuccoed block masonry materials.
b. Fences (solid). A solid fence not to exceed three feet in height, which shall
consist of wood, or wood and masonry or other similar materials which form
an opaque screen.
c. Fences (open). An open weave, or wrought iron fence not to exceed three
feet in height which is combined with landscape materials to form an opaque
screen.
d. Landscaping. Landscaping materials, when maintained in a manner to create
an opaque screen not to exceed three feet in height. The materials shall be
of a size and variety so as to attain a minimum height of two feet, within
eighteen months after installation.
e. Berms. The mounding of soil not to exceed three feet in height.
TABLE 18.60.040
DESIGN STANDARDS
Design Element 0° 45° 90°
A. Parking space width (minimum linear
width)
9′ 12′9″ 9′
B. Parking space depth (minimum linear
feet)*
22′ 20′7″ 19′
C. Aisle width (minimum linear feet)
One-way 12′ 12′ 20′
Two-way 18′ 18′ 24′
D. Driveway width (minimum linear feet)
residential 12′—20′ 12′—20′ 21′—20′
commercial 20′—34′ 20′—34′ 20′—34′
E. Perimeter landscape area depth
(minimum linear feet)
5′ 5′ 5′
F. Parking bay width (minimum linear
feet)
Single loaded
one-way 21′ 32′7″ 39′
two-way 27′ 38′7″ 43′
Double loaded
one-way 30′ 53′2″ 58′
two-way 36′ 59′2″ 62′
G. Landscape planter
Width
(minimum linear feet)
5′ 5′ 5′
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01247.0005/984633.1 Page 16 of 18
Area
(minimum square feet)
75′ 75′ 75′
H. Tree well
Width
(minimum linear feet)
4′ 4′ 4′
Area
(minimum square feet)
16′ 16′ 16′
*Parking stall depth can be reduced a maximum of two feet if an overhang is incorporated into
landscape areas provided that concrete wheel stops or curbs are provided, and the landscaping
is appropriately designed to accommodate the vehicle overhang.
18.60.050 Adjustments by Planning Director and City Engineer.
The off-street parking requirements may be adjusted by the Planning Director and/or City
Engineer if supported by a site-specific parking study prepared by a qualified traffic engineer in
the following instances:
A. A minor relaxation of parking requirements may be granted by the Planning Director
and/or City Engineer if it is determined that the adjustment is minor in nature, will be of
benefit to the project and will not create a negative impact on existing or potential uses
adjacent to or in the vicinity of the project.
B. Requirements in addition to those of this chapter may be required by the Planning
Director and/or City Engineer if it is determined that additional requirements are
necessary, such as a parking management plan, to avoid a negative impact on existing
or potential uses adjacent to or in the vicinity of the project.”
SECTION 5. Based upon the forgoing and all oral and written communications from
members of the public and City staff (including, but not limited to, all oral and written staff reports
and attachments) presented at the May 28, 2024, Public Hearing, the City Council hereby adopts
Ordinance No. ___ approving Zone Change Amendment (ZCA) 23-01, and adopts and finds an
environmental exemption pursuant to Section 15061(b)(3) of the California Environmental Quality
Act (CEQA) Guidelines.
SECTION 6. If any section, subsection, subdivision, paragraph, sentence, clause, or
phrase contained approved by this Ordinance, or any part thereof, is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall
not affect the validity of effectiveness of the remaining portions of this Ordinance or any part
thereof. The City Council of Grand Terrace hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of
the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or
phrases are declared unconstitutional, invalid, or ineffective.
SECTION 6. First read at a regular meeting of the City Council held on the 28th day of May
72024, and adopted the Ordinance after the second reading at a regular meeting held on the
__day of ____, 2024.
SECTION 8. The Mayor shall sign, and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same to be published and posted pursuant to the
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01247.0005/984633.1 Page 17 of 18
provisions of law in that regard and this Ordinance shall take effect thirty (30) days after its final
passage.
APPROVED AND ADOPTED by the City Council of the City of Grand Terrace, California,
at a regular meeting held on the 28th day of May 2024.
__________________________
Mayor Bill Hussey
ATTEST:
Debra L. Thomas
City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra
City Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) SS.
E.11.a
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01247.0005/984633.1 Page 18 of 18
CITY OF GRAND TERRACE )
I Debra Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO
HEREBY CERTIFY that the foregoing Ordinance was duly passed, approved and adopted by the
City Council at a regular meeting of said City Council held on the 28th day of May 2024, and that
and that it was adopted by the called vote as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSE:
Executed this 28th day of May 2024, at Grand Terrace, California.
___________________________
Debra L. Thomas
City Clerk
E.11.a
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01247.0005/984633.1
Created: 2024-01-18 10:24:34 [EST]
(Supp. No. 14)
Page 1 of 13
“Chapter 18.60 OFF-STREET PARKING
Sections:
18.60.010 Purpose.
The purpose of this Chapter is to establish off-street parking regulations to ensure that
adequate facilities are provided to meet the needs created by specific land uses, thereby
promoting the usefulness of the various uses and protecting the public health and safety.
18.60.020 Application.
The regulations of this Chapter shall apply in the event any of the following actions occur:
A. Any new construction;
B. Any change of use or new use established (includes any proposed use of a structure
which has been vacant for a period of six months or more);
C. Any addition or enlargement of an existing structure or use;
D. Any change in the occupancy of a structure or manner in which a use is conducted
which results in the need for additional parking facilities.
18.60.030 Parking regulations.
The requirements for off-street parking shall be as follows:
A. Residential Uses.
1. Single-family dwellings (detached):
a. Two parking spaces for each residential unit shall be provided on the same
parcel of land as the residential unit,
b. The required spaces shall be located within a garage;.
2. Multiple-family dwellings:
a. One parking space for each studio or efficiency unit.
b. Two parking spaces for each one-, two- or three-bedroom unit.
c. Three parking spaces for each four-bedroom unit or more.
d. At least one space shall be located within a garage or carport, and all required
spaces shall be located within 150 feet of the unit being served.
E.11.b
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01247.0005/984633.1
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(Supp. No. 14)
Page 2 of 13
e. Guest parking shall be provided at a ratio of 0.25 spaces for each residential
unit, and shall be rounded up to the next whole number.
f. Guest parking:
(i) Shall be identified as "Guest Parking";
(ii) Shall not be used for the storage of recreational vehicles, boats,
trailers or other similar items;
(iii) Shall be located on the same parcel of land as the residential units
and shall be within reasonable walking distance of said units;
(iv) May be uncovered spaces; and
(v) May be located on a private street within the site or in a common
parking area.
3. Second units and two-unit developments: See Chapter 18.65.
4. Accessory dwelling units and junior accessory dwelling units: See Chapter 18.69.
B. Commercial/Office Uses.
1. General commercial and/or office centers comprised of a minimum of 35,000
square feet of gross floor area: One parking space shall be required for every 225
square feet of gross floor area or area devoted to a specific use.
Note: The following uses shall in any case provide the number of parking spaces
as required in the following subdivision (3); drive-thru fast-food restaurants, educational
facilities, hospitals, motor vehicle sales facilities and theaters.
2. General Commercial and/or office centers comprised of a minimum of seventy-five
thousand square feet of gross floor area: One parking space shall be required for
every 250 square feet of gross floor area or other area devoted to a specific use.
Note: The following uses shall in any case provide the number of parking spaces
as required in following subdivision (3); drive-thru fast-food restaurants, educational
facilities, hospitals, motor vehicle sales facilities and theaters.
3. The following number of parking spaces shall be required for specific
commercial/office uses which are not located within a center as described in the
above subdivisions (1) and (2):
a. Amusement enterprises, commercial recreation and similar uses: One
parking space for every four persons using or attending the facility;
E.11.b
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01247.0005/984633.1
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(Supp. No. 14)
Page 3 of 13
b. Automobile washing and cleaning establishments: (i) Full-service facilities
require one parking space for each employee; (ii) Self-service facilities require
two and one-half parking spaces for each washing bay;
c. Barbershops and beauty salons: Two parking spaces for each barber chair or
beautician's station;
d. Banks, savings and loan offices and other financial institutions: One parking
space for every 200 square feet of gross floor area;
e. Bowling alleys and/or billiard halls: (i) Five parking spaces for each lane; (ii)
Two parking spaces for each billiard table;
f. Churches and other areas of assembly not specified in this chapter: (i) One
parking space for every four fixed seats; (ii) One parking space for every 25
square feet of seating area within the main auditorium where there are no
fixed seats;
Note: Twenty-four linear inches of bench or pew shall be considered a fixed
seat;
g. Delicatessens, sandwich shops, retail bakeries, fast food restaurants that do
not have a drive-thru, and other establishments for the sale of food and
beverages to be consumed either on or off the premises: (i) require Oone
parking space for every 200 square feet of gross floor area (includes outdoor
seating areas); (ii) Fast-food restaurants require one parking space for every
75 square feet of gross floor area (includes outdoor seating areas);
h. Educational facilities: (i) Elementary and junior high schools require two
parking spaces for each classroom; (ii) Senior high schools require one
parking space for each employee and one parking space for every six
students regularly enrolled; (iii) Colleges, universities and institutions of higher
learning require one parking space for each employee and one parking space
for every three students regularly enrolled; (iv) Trade schools, business
colleges and commercial schools require one parking space for each
employee and one parking space for every three students regularly enrolled;
i. Drive-Through Fast Food Restaurants: (i) Fast food restaurants that are drive-
through only (no dine in and no take-out/walk-up) require one parking space
for every two one employees on the largest shift; (ii) Fast food restaurants
that are drive-through and dine-in require one-parking space per 100 square
feet of gross floor area; (iii) Fast food restaurants that are drive-through and
take-out/walk-up with no dine-in seating require one parking space for every
two one employees on the largest shift, and one space for every 200 square
feet of outdoor seating/eating area;
ij. Gas stations: (i) Three parking spaces; (ii) Plus two parking spaces for each
service bay; (iii) Plus one parking space per 250 square feet of gross floor
area for an ancillary retail store or restaurant component (iv) Plus no more
E.11.b
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Tracked text edits to Chapter 18.60. Deletions in strikethrough and additions in red.
01247.0005/984633.1
Created: 2024-01-18 10:24:34 [EST]
(Supp. No. 14)
Page 4 of 13
than 50% of the parking spaces at the fuel pump nozzles may be credited
towards meeting off-street parking requirements;
jk. Health clubs, spas and exercise studios: One parking space for every 150
square feet of gross floor area;
kl. Hospitals: (i) One and three-quarters parking spaces for each bed; (ii)
Convalescent hospitals, sanitariums and retirement facilities require one
parking space for every four beds;
lm. Motels and hotels: (i) One parking space for each guest unit; (ii) Two parking
spaces for each employee;
mn. Mortuaries and funeral homes: (i) One parking space for every 25 square feet
of gross floor area;
no. Motor vehicle sales and automotive repair: (i) One parking space for every
400 square feet of gross floor area;
op. Offices: (i) General offices require one parking space for every 200 square
feet of gross floor area; (ii) Medical, dental and veterinary offices/clinics
require one parking space for every 200 square feet of gross floor area;
pq. Residential and child care facilities: (i) One parking space for each employee;
(ii) One parking space for the first six children or patients and one parking
space for every four children or patients thereafter;
qr. Restaurants, taverns and other establishments for the sale of food and
beverages to be consumed primarily on the premises: One parking space for
every one hundred square feet of gross floor area (includes outdoor seating
areas);
rs. Retail sales: (i) One parking space for every two hundred square feet of gross
floor area;
st. Skating rinks (ice or roller): (i) One parking space for every one hundred
square feet of gross floor area;
tu. Theaters: (i) One parking space for every four seats; (ii) One parking space
for each employee.
C. Manufacturing Uses.
1. Warehousing and other facilities for which the primary purpose is the storage of
goods: One parking space for every one thousand square feet of gross floor area.
2. Manufacturing and other facilities for which the purpose is the processing or
assembly of goods: One parking space for every five hundred square feet of gross
floor area.
E.11.b
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Page 5 of 13
3. Research and development: One parking space for every three hundred fifty
square feet.
D. Special Requirements.
1. Drive-thru facilities;
a. Each drive-thruough lane shall be separated from the circulation routes
necessary for ingress and egress from the property, or access to any parking
space.
b. Each drive-thruough lane shall be clearly marked and maintained with
directional arrows for the purpose of delineation.
c. In order to facilitate proper review of a drive-thru facility and the adequacy of
a proposed site design, the following information shall be required at the time
of submittal for a conditional use permit and/or site and architectural review
and shall contain the following information: (i) The nature of the product or
service being offered; (ii) The method by which the order is processed; (iii)
The time required to serve a typical customer; (iv) The arrival rate of
customers; (v) The peak demand hours; (vi) The anticipated vehicular
stacking requirements;
d. Drive-thru queueing areas shall be sized in accordance with the most current
Informational Report of the Institute of Transportation Engineers (ITE)
prepared by the ITE Technical Council Committee.
e. A drive-thru queueing analysis shall be prepared by a qualified traffic engineer
and shall be subject to review by the City Engineer or their designee.
f. No more than five drive-thru queueing spaces shall be counted towards the
total number of off-street parking spaces required for a dine-in restaurant with
the drive-thru. This section shall not apply to any restaurant with both a drive-
thru and take out or to any restaurant that is drive-thru only.
g. At a minimum one 45-gallon trash can with a chute shall be placed near the
exit of each drive-thru.
2. Handicapped ADA Accessible spaces: At least one parking space or two percent
of the required parking spaces, which ever is greater, shall be designated for use
by people with disabilities the handicapped. Said parking spaces shall be identified
in the manner required by the most current editions of the Uniform Building Code
and the California Vehicle Code. ADA Accessible spaces shall count toward the
total number of off-street parking spaces required.
3. Loading spaces. In addition to the number of parking spaces required for a specific
use, all commercial and industrial uses shall provide loading spaces as follows:
E.11.b
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01247.0005/984633.1
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Page 6 of 13
a. One loading space for the first five thousand square feet of gross floor area
and one loading space for every ten thousand square feet of gross floor area
thereafter up to forty-five thousand square feet of gross floor area;
b. Each loading space shall be twelve feet in width and twenty feet in depth;
c. Loading spaces shall be located in an area to provide easy access to the
loading entrance of the use or uses it is to serve. Such loading entrances and
loading spaces should be located in a manner so as not to interfere with
pedestrian and/or vehicular traffic.
4. Bicycle Parking Facilities. All commercial and office uses may provide bicycle
parking facilities in a location convenient to the necessitating use as follows:
a. All bicycle parking facilities shall be of a design to allow the bicycle to be
secured in an upright position and shall be in a designated location;
b. Weatherproofing or facility covering should be used whenever possible;
c. The placement and design of all bicycle parking facilities shall be approved
by the planning department;
5. Shared parking. The pPlanning dDirector may allow a certain number of parking
spaces to be designated as meeting the requirements of more than one use subject
to the following conditions:
a. A site-specific parking study prepared by a qualified traffic engineer shall be
presented to the planning department demonstrating that substantial conflict
will not exist between the peak hours of operations of the individual uses
proposing to share the parking spaces;
b. The number of shared parking spaces shall not exceed twenty percent of the
required number of parking spaces for either designated use;
c. The shared parking spaces shall be located on the same or adjacent parcel
as the uses they are to serve and a convenient, visible pedestrian connection
between the lots existsthey shall not be located more than two hundred fifty
feet from said uses;
d. A written agreement shall be executed, prior to establishing shared use of
parking, by all parties concerned assuring the continued availability of the
shared parking spaces. Said agreement shall be reviewed and approved by
the Planning Director and/or City Engineer and shall be recorded on the title
records of each affected property and filed with the San Bernadino County
Recorder’s Office;
e. The availability of parking for all affected properties is indicated by directional
signs and the properties shall be within one thousand feet of each other.
E.11.b
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6. Recreational vehicle/utility trailer parking and storage:
a. Recreational vehicles/utility trailers when parked or stored on residential
properties must be kept neat and clean at all times. Spider webs, debris,
excessive dirt, weed accumulation on and under a recreational vehicle/utility
trailer are prohibited at all times as are broken windows and flat tires. All
recreational vehicles/utility trailers must be weather resistant at all times;
b. All recreational vehicles/utility trailers when parked or stored on residential
properties must display current vehicle registration tags. Those recreational
vehicles/utility trailers not displaying current registration tags will be
considered inoperable and must be removed from the public view which
includes streets, sidewalks and adjacent properties;
c. All covers and tarps or any other material employed to protect a recreational
vehicle/utility trailer from the elements must be secured and must be weather
proof;
d. Rocks/bricks or other weighted items cannot be used to secure the weather
proofing cover;
e. All recreational vehicle/utility trailer parking and storage areas shall be
properly maintained and kept free of weeds, mud and other debris;
f. No recreational vehicle/utility trailer shall be parked or stored closer than ten
and one-half feet to curb face. Where there is no curb, the ten and one-half
feet shall be measured from the edge of the street pavement. No part of the
recreational vehicle/utility trailer including all equipment and towing
mechanisms, shall encroach into this ten and one-half feet;
g. In no instance shall a recreational vehicle/utility trailer be parked or stored
where any portion of the recreational vehicle/utility trailer blocks or overhangs
the sidewalk within the public right-of-way;
h. A recreational vehicle/utility trailer shall not be parked or stored where such
parking or storage constitutes a clear and demonstrable traffic hazard and
threat to public health and safety. Either the sheriff or city manager can, at
their discretion, declare the parking or storage of a particular recreational
vehicle/utility trailer to be a traffic hazard and require the immediate removal
of the recreational vehicle/utility trailer;
i. If a recreational vehicle/utility trailer is parked or stored on a portion of a
driveway leading to the garage of the residence, the garage door must be fully
operational which means it can be fully opened at all times;
j. No recreational vehicle/utility trailer shall be parked or stored in the corner lot
sideyard next to the street unless it complies with all other provisions of this
section;
E.11.b
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k. All recreational vehicle/utility trailer must park perpendicular to the street
except where they are parked on a curved or circular driveway;
l. All recreational vehicles/utility trailers in the front yard or the sideyard must be
parked or stored on an improved surface such as concrete, asphalt, laid brick,
or other impervious material. Recreational vehicles/utility trailers parked in the
backyard may be parked on gravel in lieu of an impervious surface;
m. All paved areas including areas used for recreational vehicle/utility trailer
parking and storage shall not exceed fifty percent of the lot area located
between the front property line and the required front setback line of the
residential zone and of the lot area located between the corner side property
line and the required sideyard setback line of a corner lot;
n. Recreational vehicles/utility trailers shall not be occupied for living purposes
or be used as a storage container. Electrical hookups are prohibited except
during loading and unloading or for the charging of batteries for no more than
forty-eight consecutive hours per week. Sewer hookups are prohibited at all
times;
o. No recreational vehicle/utility trailer shall be parked or stored on a residential
site for a period exceeding one month unless it is owned by the resident;
p. No camper shells or cab-over-campers shall be stored in the frontyard or the
corner sideyard of a corner lot other than on an operable and licensed pick-
up truck parked in a lawful manner. Said camper shells or cab-over-campers
may be stored unmounted in the interior sideyard or rearyard so long as they
are screened in conformance with Section 18.73.200 of the Municipal Code;
q. No boats or other watercraft shall be stored in the frontyard or sideyard other
than on a validly licensed trailer parked in a lawful manner;
r. No more than one recreational vehicle/utility trailer shall be parked in the
frontyard or sideyard for any lot or parcel less than 20,000 square feet in size.
A maximum of one additional recreational vehicle/utility trailer may be parked
in the rearyard for any parcel less than 20,000 square feet. For parcels 20,000
square feet or larger, two recreational vehicles/utility trailers may be parked
in the frontyard or sideyard. A maximum of two additional recreational
vehicles/utility trailers may be parked in the rearyard for any parcel 20,000
square feet or larger;
s. No second driveways or driveway approaches may be created or used for the
purposes of parking or storing a recreational vehicle/utility trailer except where
the lot is 100 feet wide or except where the second driveway would be on the
side of a corner lot where there is no existing driveway or driveway approach.
Any second driveway shall have the proper driveway approach requiring a
public works permit;
E.11.b
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t. No recreational vehicle/utility trailer shall be parked on a public street if it is
within 50 feet of any intersection or within 50 feet of any crosswalk;
u. All non-motorized recreational vehicles/utility trailers must be attached to the
tow vehicle if parked on a public street. Any owner of a detached, non-
motorized recreational vehicle/utility trailer parked on the public street for any
length of time will be subject to immediate citation and/or to the removal of
the recreational vehicle/utility trailer at the owner's expense;
v. No recreational vehicle/utility trailer shall be parked on a public street longer
than 72 consecutive hours without being moved. The total number of days a
recreational vehicle may be parked on a public street shall not exceed six
days per month;
w. Minor modifications or adjustments to this Section may be administratively
approved by the Community Development Director by means of a recreational
vehicle/utility trailer parking minor variance where conditions such as, but not
limited to, lot size, lot configuration, house location, previous construction or
improvements warrant a minor modification or adjustment. If the Community
Development Director cannot make such a determination, the matter may be
appealed to the City's Planning Commission with the appropriate appeal fee.
In no instance shall a modification or adjustment be made to the provisions of
this Section if it violates a safety concern/regulation of this Section.
18.60.040 Design standards.
The following design standards are established to provide the minimum specifications for
design, construction and maintenance of parking areas.
A. Dimensions. Table 18.60.040 with its associated illustrations establishes the minimum
dimensional requirements for parking areas in all districts, except in the case of "garage"
parking spaces as required by this subsection for single-family dwelling units. Such a
parking space shall be dimensioned as follows: A garaged parking space shall be ten
feet in width and 20 feet in depth.
B. Paving.
1. All parking areas shall be surfaced and maintained with asphaltic, concrete, or
other permanent, impervious surfacing material so as to prevent mud, dust, loose
material, and other nuisances. Alternate surface material may be approved by the
planning commission or Site and Architectural Review Board.
2. Concrete wheel stops shall be placed two feet from the front end of the parking
space. The resulting area between the wheel stop and the front end may be
landscaped with a low growing ground cover material. This area should not to be
included as part of any perimeter landscape area required in subsection E.
E.11.b
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3. Parking spaces may include a maximum two-foot overhang into landscape areas
provided that concrete wheel stops or curbs are provided, and the landscaping is
appropriately designed to accommodate the vehicle overhang.
4. Accessible electric vehicle (EV) charging spaces with access aisle count as two
standard parking spaces toward the total number of off-street parking spaces
required.
C. Lighting.
1. Lighting shall be designed to reflect away from residential districts and public
roadways.
2. Light standards shall not exceed eighteen feet in height measured from the finished
grade of the parking surface.
3. No lighting shall create illumination on an adjacent property which exceeds five
footcandles (measured at ground level).
D. Striping.
1. All parking spaces and loading spaces shall be clearly striped and maintained with
double (hairpin) lines. Each of the lines shall be an equal nine inches from the
sideline of the required parking space. Handicapped ADA Accessible parking
spaces shall be striped and individually identified in accordance with the Uniform
Building Code and the California Vehicle Code.
2. All aisles, fire lanes, maneuvering areas and/or other specified non-parking areas
shall be clearly marked and maintained with directional arrows and striping.
E. Landscaping. Landscaping shall be required in all parking areas as follows:
1. A minimum of five percent of the parking area shall be landscaped;
2. The required landscaping shall consist of low growing ground cover materials,
shrubs not to exceed three feet in height and one fifteen gallon tree for every five
parking spaces. Once established, the required trees shall be trimmed in a manner
to remove branches below the height of six feet from the parking surface;
3. Each parking area shall provide a perimeter landscape area around the perimeter
of the parking area. The perimeter landscape area shall be a minimum of five feet
in depth;
4. Each parking bay shall begin and end with a landscape planter. Landscape
planters shall contain a minimum of seventy-five square feet of landscape area and
the narrowest measurement from side to side shall be at least four feet;
E.11.b
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5. One landscape planter shall be located approximately every ten parking spaces
and there shall in no case be more than fifteen parking spaces in an uninterrupted
row;
6. The required landscaping trees shall be located at the front end of the parking
spaces at a rate of one tree for every five parking spaces;
7. In the case where two parking bays are adjacent to each other, tree wells shall be
located at the front end of the parking spaces at the intervals as required above.
The tree wells shall contain a minimum of sixteen square feet of landscape area
and the narrowest measurement from side to side shall be at least four feet.
8. All landscaping areas, including landscape planters, perimeter landscape areas
and tree wells shall be fully irrigated by an automatic sprinkler system, shall be
separated from the paved parking surface by a six inch raised concrete curb or its
equivalent and shall be kept in a clean, neat and healthy condition and the irrigation
system in an adequate working order.
9. All parking areas shall be screened from view from public streets and adjacent less
intensive uses by any one or combination of the following:
a. Walls. Low profile walls, not to exceed three feet in height, which shall consist
of stone, brick, decorative block or stuccoed block masonry materials.
b. Fences (solid). A solid fence not to exceed three feet in height, which shall
consist of wood, or wood and masonry or other similar materials which form
an opaque screen.
c. Fences (open). An open weave, or wrought iron fence not to exceed three
feet in height which is combined with landscape materials to form an opaque
screen.
d. Landscaping. Landscaping materials, when maintained in a manner to create
an opaque screen not to exceed three feet in height. The materials shall be
of a size and variety so as to attain a minimum height of two feet, within
eighteen months after installation.
e. Berms. The mounding of soil not to exceed three feet in height.
E.11.b
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TABLE 18.60.040
DESIGN STANDARDS
Design Element 0° 45° 90°
A. Parking space width (minimum linear
width)
9′ 12′9″ 9′
B. Parking space depth (minimum linear
feet)*
22′ 20′7″ 19′
C. Aisle width (minimum linear feet)
One-way 12′ 12′ 20′
Two-way 18′ 18′ 24′
D. Driveway width (minimum linear feet)
residential 12′—20′ 12′—20′ 21′—20′
commercial 20′—34′ 20′—34′ 20′—34′
E. Perimeter landscape area depth
(minimum linear feet)
5′ 5′ 5′
F. Parking bay width (minimum linear
feet)
Single loaded
one-way 21′ 32′7″ 39′
two-way 27′ 38′7″ 43′
Double loaded
one-way 30′ 53′2″ 58′
two-way 36′ 59′2″ 62′
G. Landscape planter
Width
(minimum linear feet)
5′ 5′ 5′
Area
(minimum square feet)
75′ 75′ 75′
H. Tree well
Width
(minimum linear feet)
4′ 4′ 4′
Area
(minimum square feet)
16′ 16′ 16′
*Parking stall depth can be reduced a maximum of two feet if an overhang is incorporated into
landscape areas provided that concrete wheel stops or curbs are provided, and the landscaping
is appropriately designed to accommodate the vehicle overhang.
18.60.050 Adjustments by pPlanning dDirector and City Engineer.
The off-street parking requirements may be adjusted by the pPlanning dDirector and/or City
Engineer if supported by a site-specific parking study prepared by a qualified traffic engineer in
the following instances:
A. A minor relaxation of the parking requirements of this chapter may be granted by the
pPlanning dDirector and/or City Engineer if it is determined that the adjustment is minor
in nature, will be of benefit to the project and will not create a negative impact on existing
or potential uses adjacent to or in the vicinity of the project.
E.11.b
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B. Requirements in addition to those of this chapter may be required by the pPlanning
dDirector and/or City Engineer if it is determined that additional requirements are
necessary, such as a parking management plan, to avoid a negative impact on existing
or potential uses adjacent to or in the vicinity of the project.”
E.11.b
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22795 Barton Road, Grand Terrace, California, 92313-5295 909/824-6621
CITY OF GRAND TERRACE
NOTICE OF EXEMPTION
.TO: Clerk of the Board of Supervisors FROM: Planning and Development
County of San Bernardino Services Department
385 N. Arrowhead Avenue, 2nd Floor City of Grand Terrace
San Bernardino, CA 92415-0130 22795 Barton Road
Grand Terrace, CA 92313
Project Title: An Ordinance of the City Council of Grand Terrace, California, approving Zone Change
Amendment (ZCA) 23-01, to amend TITLE 18 (ZONING) of the Grand Terrace Municipal Code by
repealing and replacing CHAPTER 18.60 (OFF-STREET PARKING) in its entirety.
Project Location – Specific: Citywide
Description of Project: Zone Change Amendment (ZCA) 23-01 to amend parking regulations found
within Chapter 18.60 (Off-Street Parking) of the City’s Municipal Code to clarify areas of the off-street
parking requirements that are unclear. Notable modifications proposed by Zone Change Amendment
(ZCA) 23-01 are: 1.) Updating parking standards for fast food restaurants with and without drive-
throughs. 2.) Updating gas station parking to address convenience stores and fuel pumps. 3.) Added
drive-through queueing standards from the Institute of Transportation Engineers. 4.) Added
handicapped, queued, and electric vehicle spaces into parking space counts. 5.) Added a parking
space overhang into a planter area into space dimensions. 6.) Added a parking management plan
requirement to ministerial parking adjustments. 7.) Updated shared parking to require site-specific
parking study from an engineer.
Name of Public Agency Approving Project: Grand Terrace City Council
Name of Person or Agency Carrying out Project: City of Grand Terrace Planning Department
Exempt Status: Environmental Exemption pursuant to Section 15061(b)(3) of the California
Environmental Quality Act (CEQA) Guidelines.
Reasons Why Project is Exempt: It can be seen with certainty that the proposed Zone Change
Amendment (ZCA) 23-01 solely proposes to modify the City’s non-residential off-street parking
standards, it has no foreseeable potential to have a significant adverse effect on the environment. The
City of Grand Terrace has determined that ZCA 23-01 is considered to be exempt from CEQA
pursuant to CEQA Guidelines Section 15061(b)(3) - Common Sense Exemption. The project is
exempt under the “common sense” exemption because it does not involve any grading, demolition, or
construction activities that will have a significant effect on the environment. The project is strictly a text
update to the City’s parking standards found within the Zoning Code.
Lead Agency or Contact Person: Area Code/Telephone
(909) 954-5177
______________________________ _________________
Scott Hutter Date
Planning Director
City of Grand Terrace
E.11.c
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AGENDA REPORT
MEETING DATE: May 28, 2024 Council Item
TITLE: Consideration of Adoption of Resolutions and Conduct First
Reading of an Ordinance Relating to the Establishment of a
General Transactions and Use Tax at a Rate of Up to 1.00%
PRESENTED BY: Adrian Guerra, City Attorney
RECOMMENDATION: Adopt the following:
1. ADOPT Resolution No. 2024-11, ordering the
submission to the qualified electors of the City of a certain
measure relating to a transactions and use (sales) tax at the
consolidated General Municipal Election to be held on
Tuesday, November 5, 2024, as called by Resolution No.
2024-09; and
2. ADOPT Resolution No. 2024-12, setting priorities for
filing written argument(s) and directing t City Attorney to
prepare an impartial analysis, regarding the Grand Terrace
General Services Measure; and
3. ADOPT Resolution No. 2024-13, providing for the
filing of rebuttal arguments for the Grand Terrace General
Services Measure submitted at a General Municipal Election
on November 5, 2024; and
4. If the Resolutions above are adopted, then
CONDUCT the first reading, by Title only, of an Ordinance
relating to the proposed general transactions and use tax
measure.
2030 VISION STATEMENT:
This staff report supports City Council Goal #1, “Ensure Our Fiscal Viability” by
identifying additional revenue sources.
BACKGROUND:
The current city-wide tax rate is 7.75%, which is composed of State, County and City
sales tax rates. The City’s component is only 1.00% as shown below.
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Taxing Jurisdiction Rate
California state sales tax 6.00%
San Bernardino County sales tax 0.25%
Grand Terrace sales tax 1.00%
Special tax (San Bernardino County) 0.50%
Combined Sales Tax: 7.75%
State law “caps” the total cumulative sales tax rate at a maximum rate of 10.25% for the
jurisdiction of Grand Terrace. Because 7.25% has already been accounted for of this
maximum, 2.50% remains available to be allocated.
To capture a portion of this remaining 2.50%, an ordinance will need to be adopted, as
described in this report, to establish a transactions and use tax with a specified tax rate
for implementation. Per sections 7285.92 and 7251.1 of the Revenue and Tax Code, a
maximum of 2.00% of the remaining 2.50% may be captured by the City. A 1.00%
transactions and use tax has been recommended by an Ad Hoc Citizens Committee.
Consequently, the City Council has been asked to consider taking the actions
necessary to submit a general transactions and use tax measure with a rate of 1.00% to
the voters at the November 5, 2024, general municipal election. If approved, the
revenues collected from this tax will be deposited in the City’s general fund to finance
general City services and programs for its residents instead of other taxing jurisdictions
like the County of San Bernardino. If adopted, the total annual revenue generated is
estimated to be $1 million.
DISCUSSION:
I. Three Election Resolutions
Three election resolutions concerning the proposed general transactions and use tax
ordinance are presented for consideration by the City Council.
The first resolution orders the submission of the proposed transactions and use tax to
the voters at the November 5, 2024 general municipal election, approves the
transactions and use tax ordinance, and requests that the measure be included in the
City’s general municipal election that has been consolidated with the Statewide General
Election occurring on the same date.
The second resolution establishes priorities under State law for choosing among
multiple written arguments (both in favor and against) the transactions and use tax
measure. It also directs the City Attorney to prepare an impartial analysis of the
proposed measure.
The third resolution provides for the filing of rebuttal arguments to the primary written
arguments. The rebuttal arguments are prepared by the opposite authors of the primary
arguments.
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Per the City Clerk and relevant county requirements, the last day to submit the adopted
resolutions to the San Bernardino County Elections office is August 9, 2024. As such, all
three resolutions and the first reading, by title only, of the ordinance must be completed
before this deadline.
II. Issues Concerning the Three Election Resolutions
A. The Ballot Label
The first resolution includes a “ballot label” (commonly known as the “ballot question”)
which describes the proposed transactions and use tax ordinance, and which is the
question actually presented to the voters. Ballot labels are limited to 75 words or less.
The Council may revise the language used for the ballot label within the following state
law restrictions:
1. “If the proposed measure imposes a tax or raises the rate of a tax, the ballot
shall include in the statement of the measure to be voted on the amount of
money to be raised annually and the rate and duration of the tax to be levied.”
(Elec. Code § 13119(b).)
2. “The statement of the measure shall be a true and impartial synopsis of the
purpose of the proposed measure, and shall be in language that is neither
argumentative nor likely to create prejudice for or against the measure.” (Elec.
Code § 13119(c).)
3. The ballot label must be in the form of “Shall the measure…be adopted?”
(Elec. Code § 13119(a).)
The label should also clarify the general transactions and use tax will be for general
government use. Although the proposed tax will be deposited in the General Fund for
unrestricted general revenue purposes, the ballot label may make reference to possible
uses while not committing the revenue to those uses.
B. Argument Authorization
The second resolution authorizes councilmembers to write an argument in favor of the
ballot measure. If three (3) or more Councilmembers jointly write a ballot argument, then
the Brown Act will require the collaboration to occur at a noticed public meeting.
C. Rebuttals
Rebuttal arguments are optional under state law and are allowed at the discretion of the
City Council. If the Council does not desire to authorize rebuttal arguments, then it
should not approve this third election resolution.
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III. Procedures
A two-thirds (i.e., four out of five) vote of all members of the City Council will be required
to pass the resolution to order the submission of the proposed transactions and use tax
measure to the voters and to approve the ordinance. Additionally, the City Council must
approve the transactions and use tax ordinance, which consists of the Council
conducting a first reading, by title only, of the ordinance. The City Council will
subsequently adopt the ordinance if it approved by the voters.
Under Proposition 218, the levy of a new general transactions and use tax measure will
require approval by a majority of the voters (50% + 1). (Cal. Const. art. 13C, § 2(b).) As
discussed above, the proposed taxes will generate revenue, deposited in the general
fund, available for any general governmental purpose.
The transactions and use tax is collected by the California Department of Tax and Fee
Administration (CDTFA) and distributed to the City. Per Revenue and Tax Code section
7265, the CDTFA may begin collecting the tax on the first day of the calendar quarter at
least 110 days after adoption of the ordinance. If the majority of the electorate votes in
favor of the ordinance, it is anticipated to be adopted on Tuesday, December 10, 2024.
As such, the first day for the collection of taxes, or operative date, shall be on April 1,
2025. If the ordinance is not adopted during the December 10 th City Council meeting,
the operative date shall be postponed to the first day of the following calendar quarter at
least 110 days after the date of adoption (e.g., July 1, 2025, October 1, 2025, etc.).
RECOMMENDATION:
City staff recommends that the City Council:
1. ADOPT Resolution No. 2024-11, ordering the submission to the qualified
electors of the City of a certain measure relating to a transactions and use
(sales) tax at the consolidated General Municipal Election to be held on
Tuesday, November 5, 2024, as called by Resolution No. 2024-09; and
ADOPT Resolution No. 2024-12, setting priorities for filing written argument(s)
and directing the City Attorney to prepare an impartial analysis, regarding the
Grand Terrace General Services Measure; and
ADOPT Resolution No. 2024-13, providing for the filing of rebuttal arguments
for the Grand Terrace General Services Measure submitted at a General
Municipal Election on November 5, 2024; and
If the Resolutions above are adopted, then CONDUCT the First Reading, by
Title only, of an Ordinance relating to the proposed general transactions and
use tax measure.
G.12
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2. Provide other direction to staff.
FISCAL IMPACT:
Costs anticipated include city attorneys’ fees to prepare the necessary impartial analysis
and costs associated with reviewing and preparing written arguments and rebuttals.
ATTACHMENTS:
• 2024-11 - (GT) Reso re Transactions and Use Tax(970452.1)(DOCX)
• (GT) Ordinance XXX re Transactions and Use Tax(972484.2) (DOC)
• 2024-12 - (GT) Reso re Arguments Impartial Analysis for Transactions and Use
Tax(970618.1) (DOCX)
• 2024-13 - (GT) Reso re Rebuttals for Transactions and Use Tax(970598.1)
(DOCX)
APPROVALS:
Adrian Guerra Completed 05/21/2024 1:00 PM
Finance Skipped 05/21/2024 1:01 PM
City Manager Completed 05/21/2024 1:36 PM
City Council Pending 05/28/2024 6:00 PM
G.12
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CC Reso No. 2024-11 Page 1 of 4 May 28, 2024
RESOLUTION NO. 2024-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, ORDERING THE SUBMISSION TO THE
QUALIFIED ELECTORS OF THE CITY OF A CERTAIN MEASURE
RELATING TO A TRANSACTIONS AND USE (SALES) TAX AT THE
CONSOLIDATED GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 5, 2024, AS CALLED BY RESOLUTION NO.
2024-09
WHEREAS, Article XIIIC, Section 2 of the California Constitution authorizes a city
to impose a general tax if approved by a majority vote of the qualified electors; and
WHEREAS, Article XIIIC, Section 2, of the California Constitution requires that the
election at which a general tax increase is submitted to the electorate shall be
consolidated with a regularly scheduled general election for members of the governing
body of the local government, except in cases of emergency declared by a unanimous
vote of the governing body; and
WHEREAS, Part 1.6 (commencing with Section 7251) of Division 2 of the
California Revenue and Taxation Code, and Section 7285.9 of the California Revenue
and Taxation Code, authorizes a city to adopt a transactions and use (sales) tax
ordinance, which shall be operative if a majority of the electors voting on the measure
vote to approve the imposition of the tax at an election called for that purpose; and
WHEREAS, a General Municipal Election on Tuesday, November 5, 2024, has
been called by Resolution No. 2024-09 for the purpose of electing council members as
provided therein; and
WHEREAS, by Resolution No. 2024-09, the City Council has requested that the
Board of Supervisors for the County of San Bernardino consent and agree to the
consolidation of the election with the Statewide General Election on Tuesday, November
5, 2024; and
WHEREAS, the City Council now desires to submit to the voters at the General
Municipal Election a measure relating to the establishment of a transactions and use
(sales) tax as provided in this Resolution and the City Council further desires that this
measure be submitted to the voters at the aforementioned General Municipal Election
that is consolidated with the Statewide General Election on Tuesday, November 5, 2024;
and
WHEREAS, the City Council directed staff to assemble an ad hoc citizens
committee to explore funding for additional law enforcement services; and
WHEREAS, the Ad Hoc Citizens Committee for Enhanced Law Enforcement
Services found a need to fund increased law enforcement services based on the City’s
increase in population, call volume, traffic, non-emergency response time; heavy reliance
G.12.a
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CC Reso No. 2024-11 Page 2 of 4 May 28, 2024
on mutual aid; and higher than average ratio of calls to deputies and deputies to
population; and
WHEREAS, the proposed tax measure contemplated by this Resolution serves as
a reliable source of locally controlled funding that supports vital City services, such as law
enforcement services, and helps implement the needs and plans of the City by
establishing a general tax in which the proceeds will be deposited in the City’s General
Fund for general government use; and
WHEREAS, the proposed tax measure contemplated by this Resolution, if
approved, would create a locally-controlled funding source that can only be used for local
services and address local priorities, which is legally-protected from being taken by the
State; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand
Terrace, as follows:
SECTION 1. The Recitals set forth above are true and correct and are
incorporated herein by this reference.
SECTION 2. That the City Council, pursuant to its right and authority, does order
submitted to the voters at the consolidated General Municipal Election on Tuesday,
November 5, 2024, the ordinance attached hereto as Exhibit A, which establishes a
general transactions and use tax at a rate of 1.00%, with the abbreviated form of this
measure to appear on the ballot is specified below. This measure shall be entitled the
“GRAND TERRACE GENERAL SERVICES MEASURE.”
SECTION 3. The abbreviated form of the measure to be placed on the ballot and
submitted to the voters at the General Election on November 5, 2024, is as follows:
GRAND TERRACE GENERAL SERVICES MEASURE. Shall the
measure, funding general City of Grand Terrace services such as
additional law enforcement services and for general government
use by establishing a 1.00% sales tax providing approximately $1
million annually until ended by voters be adopted?
Yes
No
SECTION 4. The City Council hereby approves the Ordinance in substantially the
form attached hereto as Exhibit A, and approves submission thereof to the voters at the
General Municipal Election on November 5, 2024.
SECTION 5. That the City Clerk is hereby authorized and directed to make any
changes to the text of the proposition or this Resolution, including its exhibits, as required
to conform to any requirements of law.
G.12.a
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CC Reso No. 2024-11 Page 3 of 4 May 28, 2024
SECTION 6. That the method of tax collection and all aspects of the application
and operation of any tax levied pursuant to the adoption of the ordinance attached hereto
in Exhibit A shall be as provided in such ordinance and/or as authorized in the ordinance
to be conducted and determined by the City Council.
SECTION 7. That the vote requirement for the ballot measure to pass is a majority
(50% + 1) of the votes cast at the November 5, 2024, General Municipal Election.
SECTION 8. That in all particulars not recited in this Resolution, the election shall
be held and conducted as provided by law for holding elections.
SECTION 9. That notice of the time and place of holding the election is given and
the City Clerk is authorized, instructed and directed to give further or additional notice of
the election, in time, form and manner as required by law.
SECTION 10. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand
Terrace at a regular meeting held on the 28th day of May 2024.
______________________________
Bill Hussey
Mayor
ATTEST:
__________________________________
Debra Thomas
City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra
City Attorney
G.12.a
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CC Reso No. 2024-11 Page 4 of 4 May 28, 2024
Exhibit A
G.12.a
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CC Ord No. 353 Page 1 of 11 May 28, 2024
ORDINANCE NO. 353
AN ORDINANCE OF THE CITY OF GRAND TERRACE, CALIFORNIA,
FUNDING CITY OF GRAND TERRACE GENERAL SERVICES BY
IMPOSING A 1.00% TRANSACTIONS AND USE TAX TO BE
ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND
FEE ADMINISTRATION
WHEREAS, Article XIIIC, Section 2 of the California Constitution authorizes a
city to impose a general tax if approved by a majority vote of the qualified electors; and
WHEREAS, Article XIIIC, Section 2, of the California Constitution requires that
the election at which a general tax increase is submitted to the electorate shall be
consolidated with a regularly scheduled general election for members of the governing
body of the local government, except in cases of emergency declared by a unanimous
vote of the governing body; and
WHEREAS, Part 1.6 (commencing with Section 7251) of Division 2 of the
California Revenue and Taxation Code, and Section 7285.9 of the California Revenue
and Taxation Code, authorizes a city to adopt a transactions and use (sales) tax
ordinance, which shall be operative if a majority of the electors voting on the measure
vote to approve the imposition of the tax at an election called for that purpose; and
WHEREAS, the City assembled an Ad Hoc Citizens Committee for Enhanced
Law Enforcement Services to explore funding for additional law enforcement services;
and
WHEREAS, the Ad Hoc Citizens Committee found a need to fund increased law
enforcement services based on the City’s increase in population, call volume, traffic,
non-emergency response time; heavy reliance on mutual aid; and higher than average
ratio of calls to deputies and deputies to population; and
WHEREAS, to preserve and fund vital general City services, including those
items discussed herein, the City must identify a reliable source of locally controlled
funding; and
WHEREAS, therefore, this Ordinance could maintain vital funding for vital City
services and help implement the needs and plans of the City by establishing a general
tax in which the proceeds will be deposited in the City’s General Fund for general
government use; and
WHEREAS, this Ordinance would create a locally-controlled funding source that
can only be used for local services and address local priorities, which is legally -
protected from being taken by the State; and
WHEREAS, on March 28, 2024, the City Council of the City of Grand Terrace
adopted Resolution No. 2024-11, submitting the GRAND TERRACE GENERAL
G.12.b
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CC Ord No. 353 Page 2 of 11 May 28, 2024
SERVICES MEASURE (“Transactions and Use Tax Measure”) to the voters at the
General Municipal Election to be held in the City of Grand Terrace on November 5,
2024 (“General Municipal Election”), which, if approved, would establish a transactions
and use (sales) tax at the rate of 1.00%; and
WHEREAS, as part of Resolution No. 2024-11, on May 28, 2024, the City
Council also approved this Ordinance, pursuant to Revenue & Taxation Code Section
7285.9, subject to the City voters’ approval; and
WHEREAS, the General Municipal Election was also a regularly scheduled
general election for members of the Grand Terrace City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE DOES ORDAIN AS FOLLOWS:
SECTION 1. The Recitals set forth above are incorporated herein by this
reference.
SECTION 2. ADOPTION OF NEW CHAPTER. A new Chapter 3.32 is hereby
added to the Grand Terrace Municipal Code to read as follows:
“Chapter 3.32
TRANSACTIONS AND USE TAX
3.32.010 Title.
This ordinance shall be known as the “City of Grand Terrace Transactions
and Use Tax Ordinance. The City of Grand Terrace hereinafter shall be
called "City." This ordinance shall be applicable in the incorporated
territory of the City.
3.32.020 Operative Date.
"Operative Date" means the first day of the first calendar quarter
commencing more than 110 days after the adoption of this ordinance, the
date of such adoption being as set forth below.
G.12.b
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CC Ord No. 353 Page 3 of 11 May 28, 2024
3.32.030 Purpose.
This ordinance is adopted to achieve the following, among other purposes,
and directs that the provisions hereof be interpreted in order to accomplish
those purposes:
A. To impose a retail transactions and use tax in accordance with
the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of
the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of
Division 2 which authorizes the City to adopt this tax ordinance which shall
be operative if a majority of the electors voting on the measure vote to
approve the imposition of the tax at an election called for that purpose.
B. To adopt a retail transactions and use tax ordinance that
incorporates provisions identical to those of the Sales and Use Tax Law of
the State of California insofar as those provisions are not inconsistent with
the requirements and limitations contained in Part 1.6 of Division 2 of the
Revenue and Taxation Code.
C. To adopt a retail transactions and use tax ordinance that imposes
a tax and provides a measure therefore that can be administered and
collected by the California Department of Tax and Fee Administration in a
manner that adapts itself as fully as practicable to, and requires the least
possible deviation from, the existing statutory and administrative
procedures followed by the California Department of Tax and Fee
Administration in administering and collecting the California State Sales
and Use Taxes.
D. To adopt a retail transactions and use tax ordinance that can be
administered in a manner that will be, to the greatest degree possible,
consistent with the provisions of Part 1.6 of Division 2 of the Revenue and
Taxation Code, minimize the cost of collecting the transactions and use
taxes, and at the same time, minimize the burden of record keeping upon
persons subject to taxation under the provisions of this ordinance.
3.32.040 Contract with State.
Prior to the operative date, the City shall contract with the California
Department of Tax and Fee Administration to perform all functions incident
to the administration and operation of this transactions and use tax
ordinance; provided, that if the City shall not have contracted with the
California Department of Tax and Fee Administration prior to the operative
date, it shall nevertheless so contract and in such a case the operative
date shall be the first day of the first calendar quarter following the
execution of such a contract.
G.12.b
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CC Ord No. 353 Page 4 of 11 May 28, 2024
3.32.050 Transactions Tax Rate.
For the privilege of selling tangible personal property at retail, a tax is
hereby imposed upon all retailers in the incorporated territory of the City at
the rate of 1.00% of the gross receipts of any retailer from the sale of all
tangible personal property sold at retail in said territory on and after the
operative date of this ordinance.
3.32.060 Place of Sale.
For the purposes of this ordinance, all retail sales are consummated at the
place of business of the retailer unless the tangible personal property sold
is delivered by the retailer or his agent to an out-of-state destination or to a
common carrier for delivery to an out-of-state destination. The gross
receipts from such sales shall include delivery charges, when such
charges are subject to the state sales and use tax, regardless of the place
to which delivery is made. In the event a retailer has no permanent place
of business in the State or has more than one place of business, the place
or places at which the retail sales are consummated shall be determined
under rules and regulations to be prescribed and adopted by the California
Department of Tax and Fee Administration.
3.32.070 Use Tax Rate.
An excise tax is hereby imposed on the storage, use or other consumption
in the City of tangible personal property purchased from any retailer on
and after the operative date of this ordinance for storage, use or other
consumption in said territory at the rate of 1.00% of the sales price of the
property. The sales price shall include delivery charges when such
charges are subject to state sales or use tax regardless of the place to
which delivery is made.
3.32.080 Adoption of Provisions of State Law.
Except as otherwise provided in this ordinance and except insofar as they
are inconsistent with the provisions of Part 1.6 of Division 2 of the
Revenue and Taxation Code, all of the provisions of Part 1 (commencing
with Section 6001) of Division 2 of the Revenue and Taxation Code are
hereby adopted and made a part of this ordinance as though fully set forth
herein.
G.12.b
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CC Ord No. 353 Page 5 of 11 May 28, 2024
3.32.090 Limitations on Adoption of State Law and Collection of Use
Taxes.
In adopting the provisions of Part 1 of Division 2 of the Revenue and
Taxation Code:
A. Wherever the State of California is named or referred to as the
taxing agency, the name of this City shall be substituted therefor.
However, the substitution shall not be made when:
1. The word "State" is used as a part of the title of the State
Controller, State Treasurer, State Treasury, or the Constitution of the
State of California;
2. The result of that substitution would require action to be taken
by or against this City or any agency, officer, or employee thereof rather
than by or against the California Department of Tax and Fee
Administration, in performing the functions incident to the administration or
operation of this Ordinance.
3. In those sections, including, but not necessarily limited to
sections referring to the exterior boundaries of the State of California,
where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain
sales, storage, use or other consumption of tangible personal property
which would not otherwise be exempt from this tax while such sales,
storage, use or other consumption remain subject to tax by the State
under the provisions of Part 1 of Division 2 of the Revenue and Taxation
Code, or;
b. Impose this tax with respect to certain sales, storage, use or
other consumption of tangible personal property which would not be
subject to tax by the state under the said provision of that code.
4. In Sections 6701, 6702 (except in the last sentence thereof),
6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.
B. The word "City" shall be substituted for the word "State" in the
phrase "retailer engaged in business in this State" in Section 6203 and in
the definition of that phrase in Section 6203.
1. “A retailer engaged in business in the District” shall also
include any retailer that, in the preceding calendar year or the current
calendar year, has total combined sales of tangible personal property in
this state or for delivery in the State by the retailer and all persons related
G.12.b
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CC Ord No. 353 Page 6 of 11 May 28, 2024
to the retailer that exceeds five hundred thousand dollars ($500,000). For
purposes of this section, a person is related to another person if both
persons are related to each other pursuant to Section 267(b) of Title 26 of
the United States Code and the regulations thereunder.
3.32.100 Permit Not Required.
If a seller's permit has been issued to a retailer under Section 6067 of the
Revenue and Taxation Code, an additional transactor's permit shall not be
required by this ordinance.
3.32.110 Exemptions and Exclusions.
A. There shall be excluded from the measure of the transactions tax
and the use tax the amount of any sales tax or use tax imposed by the
State of California or by any city, city and county, or county pursuant to the
Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of
any state-administered transactions or use tax.
B. There are exempted from the computation of the amount of
transactions tax the gross receipts from:
1. Sales of tangible personal property, other than fuel or
petroleum products, to operators of aircraft to be used or consumed
principally outside the county in which the sale is made and directly and
exclusively in the use of such aircraft as common carriers of persons or
property under the authority of the laws of this State, the United States, or
any foreign government.
2. Sales of property to be used outside the City which is shipped
to a point outside the City, pursuant to the contract of sale, by delivery to
such point by the retailer or his agent, or by delivery by the retailer to a
carrier for shipment to a consignee at such point. For the purposes of this
paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles)
subject to registration pursuant to Chapter 1 (commencing with Section
4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance
with Section 21411 of the Public Utilities Code, and undocumented
vessels registered under Division 3.5 (commencing with Section 9840) of
the Vehicle Code by registration to an out-of-City address and by a
declaration under penalty of perjury, signed by the buyer, stating that such
address is, in fact, his or her principal place of residence; and
G.12.b
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CC Ord No. 353 Page 7 of 11 May 28, 2024
b. With respect to commercial vehicles, by registration to a
place of business out-of-City and declaration under penalty of perjury,
signed by the buyer, that the vehicle will be operated from that address.
3. The sale of tangible personal property if the seller is obligated
to furnish the property for a fixed price pursuant to a contract entered into
prior to the operative date of this ordinance.
4. A lease of tangible personal property which is a continuing
sale of such property, for any period of time for which the lessor is
obligated to lease the property for an amount fixed by the lease prior to
the operative date of this ordinance.
5. For the purposes of subparagraphs (3) and (4) of this section,
the sale or lease of tangible personal property shall be deemed not to be
obligated pursuant to a contract or lease for any period of time for which
any party to the contract or lease has the unconditional right to terminate
the contract or lease upon notice, whether or not such right is exercised.
C. There are exempted from the use tax imposed by this ordinance,
the storage, use or other consumption in this City of tangible personal
property:
1. The gross receipts from the sale of which have been subject to
a transactions tax under any state -administered transactions and use tax
ordinance.
2. Other than fuel or petroleum products purchased by operators
of aircraft and used or consumed by such operators directly and
exclusively in the use of such aircraft as common carriers of persons or
property for hire or compensation under a certificate of public convenience
and necessity issued pursuant to the laws of this State, the United States,
or any foreign government. This exemption is in addition to the
exemptions provided in Sections 6366 and 6366.1 of the Revenue and
Taxation Code of the State of California.
3. If the purchaser is obligated to purchase the property for a
fixed price pursuant to a contract entered into prior to the operative date of
this ordinance.
4. If the possession of, or the exercise of any right or power over,
the tangible personal property arises under a lease which is a continuing
purchase of such property for any period of time for which the lessee is
obligated to lease the property for an amount fixed by a lease prior to the
operative date of this ordinance.
G.12.b
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CC Ord No. 353 Page 8 of 11 May 28, 2024
5. For the purposes of subparagraphs (3) and (4) of this section,
storage, use, or other consumption, or possession of, or exercise of any
right or power over, tangible personal property shall be deemed not to be
obligated pursuant to a contract or lease for any period of time for which
any party to the contract or lease has the unconditional right to terminate
the contract or lease upon notice, whether or not such right is exercised.
6. Except as provided in subparagraph (7), a retailer engaged in
business in the City shall not be required to collect use tax from the
purchaser of tangible personal property, unless the retailer ships or
delivers the property into the City or participates within the City in making
the sale of the property, including, but not limited to, soliciting or receiving
the order, either directly or indirectly, at a place of business of the retailer
in the City or through any representative, agent, canvasser, solicitor,
subsidiary, or person in the City under the authority of the retailer.
7. "A retailer engaged in business in the City" shall also include
any retailer of any of the following: vehicles subject to registration
pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the
Vehicle Code, aircraft licensed in compliance with Section 21411 of the
Public Utilities Code, or undocumented vessels registered under Division
3.5 (commencing with Section 9840) of the Vehicle Code. That retailer
shall be required to collect use tax from any purchaser who registers or
licenses the vehicle, vessel, or aircraft at an address in the City.
D. Any person subject to use tax under this ordinance may credit
against that tax any transactions tax or reimbursement for transactions tax
paid to a district imposing, or retailer liable for a transactions tax pursuant
to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to
the sale to the person of the property the storage, use or other
consumption of which is subject to the use tax.
3.32.120 Amendments.
All amendments subsequent to the effective date of this ordinance to Part
1 of Division 2 of the Revenue and Taxation Code relating to sales and
use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of
Division 2 of the Revenue and Taxation Code, and all amendments to Part
1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall
automatically become a part of this ordinance, provided however, that no
such amendment shall operate so as to affect the rate of tax imposed by
this ordinance.
G.12.b
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CC Ord No. 353 Page 9 of 11 May 28, 2024
3.32.130 Enjoining Collection Forbidden.
No injunction or writ of mandate or other legal or equitable process shall
issue in any suit, action or proceeding in any court against the State or the
City, or against any officer of the State or the City, to prevent or enjoin the
collection under this ordinance, or Part 1.6 of Division 2 of the Revenue
and Taxation Code, of any tax or any amount of tax required to be
collected.
3.32.150 Severability.
If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid, the remainder of the ordinance and the
application of such provision to other persons or circumstances shall not
be affected thereby.
3.32.160 Council Authority to Amend.
Pursuant to Elections Code Section 9217, the City Council shall have and
retain the right and authority to amend this ordinance to further its
purposes and intent (including but not limited to amendment for more
efficient administration as determined by the City Council) in any manner
that does not increase a tax rate, or otherwise constitute a tax increase for
which voter approval is required by Article XIII C of the California
Constitution.
3.32.170 Effective Date.
This chapter relating to the levying and collecting of the City transactions
and use tax shall be effective ten (10) days after the date on which the
City Council has declared that the voters of the City of Grand Terrace
have approved the ordinance by a vote of no less than a majority of the
votes cast by the electors voting on the tax measure set forth in this
chapter at that general municipal election to be held on November 5,
2024.
3.32.180 Termination Date.
The authority to levy the tax imposed by this ordinance shall continue until
the ordinance codified in this chapter is repealed by the majority vote of
qualified electors.”
G.12.b
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CC Ord No. 353 Page 10 of 11 May 28, 2024
SECTION 3. COUNCIL AUTHORITY TO AMEND. This is a City Council-
sponsored initiative Ordinance which otherwise would only be subject to amendment by
the voters of the City. However, pursuant to Elections Code Section 9217, the City
Council shall have and retain the right and authority to amend the Ordinance to further
its purposes and intent (including but not limited to amendment for more efficient
administration as determined by the City Council) in any manner that does not increase
a tax rate, or otherwise constitute a tax increase for which voter approval is required by
Article XIII C of the California Constitution.
SECTION 4. CEQA. The adoption of this Ordinance is not a “project” subject to
the requirements of the California Environmental Quality Act (CEQA) (Public Resources
Code Section §§ 21000 et seq.). CEQA Guideline § 15378(b)(4) provides that the
creation of government funding mechanisms or other government fiscal activities that do
not involve any commitment to a specific project that may result in a potentially
significant physical impact on the environment are not projects subject to the
requirements of CEQA.
SECTION 5. SEVERABILITY. If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this ordinance or the application thereof to any person or
place, is for any reason held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remainder of
this ordinance. The City Council hereby declares that it would have adopted this
ordinance, and each and every section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared
invalid or unconstitutional.
SECTION 6. APPROPRIATIONS LIMIT. Pursuant to Article XIII B of the
California Constitution, the appropriations limit for the City of Grand Terrace is
increased to the maximum extent over the maximum period of time allowed under the
law consistent with the revenues generated by this tax.
SECTION 7. EFFECTIVE DATE. If a majority of the voters of the City of Grand
Terrace voting at the General Municipal Election of November 5, 2024, vote in favor of
this Ordinance, then this Ordinance shall become a valid and binding ordinance of the
City of Grand Terrace, and shall be considered as adopted upon the date that the vote
is declared by the City Council, and this Ordinance shall go into effect ten (10) days
after that date, pursuant to Election Code section 9217.
SECTION 8. CERTIFICATION. The City Clerk shall certify to the adoption of this
Ordinance and cause the same to be published as required by law.
[SIGNATURES ON FOLLOWING PAGE]
G.12.b
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CC Ord No. 353 Page 11 of 11 May 28, 2024
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Grand
Terrace at a regular meeting held on the ___ day of _______________ 2024.
_____________________________
Bill Hussey
Mayor
ATTEST:
____________________________
Debra Thomas
City Clerk
APPROVED AS TO FORM:
____________________________
Adrian R. Guerra
City Attorney
G.12.b
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CC Reso No. 2024-12 Page 1 of 2 May 28, 2024
RESOLUTION NO. 2024-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY GRAND
TERRACE, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN
ARGUMENT(S) AND DIRECTING THE CITY ATTORNEY TO PREPARE
AN IMPARTIAL ANALYSIS, REGARDING THE GRAND TERRACE
GENERAL SERVICES MEASURE
WHEREAS, a General Municipal Election on Tuesday, November 5, 2024, has
been called by Resolution No. 2024-09 for the purpose of electing council members as
provided therein and, pursuant to Resolution No. 2024-11, the City Council submitted a
measure relating to the establishment of a transactions and use (sales) tax entitled the
GRAND TERRACE GENERAL SERVICES MEASURE; and
WHEREAS, for measures place on the ballot by a legislative body, pursuant to
section 9282 of the California Elections Code, the legislative body or a member
authorized by the legislative body may file a written argument for or against any city
measure.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand
Terrace, as follows:
SECTION 1. The recitals set forth above are incorporated herein by this reference.
SECTION 2. That pursuant to Elections Code section 9282, the City Council
hereby authorizes, but does not require, any or all members of the City Council to file a
written argument for the foregoing measure.
SECTION 3. That in the event that more than one argument for or against the
foregoing measure is timely submitted, the City Clerk shall give preference and priority
first, to arguments submitted by member(s) of the City Council, as authorized by this
Resolution, and second, to individual voters, bona fide associations, or a combination
thereof, in the order set forth at California Elections Code section 9287.
SECTION 4. That in accordance with the requirements of Division 9, Chapter 3,
Article 4 of the Elections Code, all written arguments for or against the foregoing measure:
(1) shall not exceed three hundred (300) words in length; (2) shall be filed with the City
Clerk; (3) shall be accompanied by the printed name(s) and signature(s) of the person(s)
submitting it, or if submitted on behalf of an organization, the name of the organization,
and the printed name and signature of at least one of the principal of ficers who is the
author of the argument; and (4) shall be accompanied by the Form of Statement to be
Filed by Author(s) of Argument as provided for in California Elections Code section 9600.
All written arguments may be changed or withdrawn until and including the date fixed by
the City Clerk, being the close of business on July 22, 2024, after which time no
arguments for or against the foregoing measure may be submitted to the City Clerk.
SECTION 5. That the City Council hereby directs the City Clerk to transmit a copy
of the foregoing measure to the City Attorney. In accordance with Elections Code section
G.12.c
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CC Reso No. 2024-12 Page 2 of 2 May 28, 2024
9280, the City Attorney is hereby directed to prepare an impartial analysis of the measure,
not to exceed five hundred (500) words in length, showing the effect of the measure on
the existing law and the operation of the measure. The analysis shall include a statement
indicating whether the measure was placed on the ballot by a petition signed by the
requisite number of voters or by the governing body of the city. In the event the entire text
of the measure is not printed on the ballot, nor in the voter inf ormation portion of the
sample ballot, there shall be printed immediately below the impartial analysis, in no less
than 10-point bold type, a legend substantially as follows: “The above statement is an
impartial analysis of Ordinance or Measure ____. If you desire a copy of the ordinance or
measure, please call the City Clerk's office at (909) 954 -5207 and a copy will be mailed
at no cost to you.” The impartial analysis shall be filed by the date set by the City Clerk
for the filing of primary arguments.
SECTION 6. That the City Clerk shall cause the City Attorney’s Impartial Analysis,
and duly selected arguments, to be printed and distributed to voters in accordance with
State law regarding same.
SECTION 7. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions. This Resolution shall be
effective immediately upon passage and adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand
Terrace at a regular meeting held on the 28th day of May 2024.
______________________________
Bill Hussey
Mayor
ATTEST:
__________________________________
Debra Thomas
City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra
City Attorney
G.12.c
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CC Reso No. 2024-13 Page 1 of 2 May 28, 2024
RESOLUTION NO. 2024-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL
ARGUMENTS FOR THE GRAND TERRACE GENERAL SERVICES
MEASURE SUBMITTED AT A GENERAL MUNICIPAL ELECTION ON
NOVEMBER 5, 2024
WHEREAS, a General Municipal Election on Tuesday, November 5, 2024, has
been called by Resolution No. 2024-09 for the purpose of electing council members as
provided therein and, pursuant to Resolution No. 2024-11, the City Council submitted a
measure relating to the establishment of a transactions and use (sales) tax entitled the
GRAND TERRACE GENERAL SERVICES MEASURE; and
WHEREAS, section 9285 of the California Elections Code authorizes the City
Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments
for city measures submitted at municipal elections.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand
Terrace, as follows:
SECTION 1. The Recitals set forth above are true and correct and are
incorporated herein by this reference.
SECTION 2. That pursuant to Elections Code section 9285, when the City’s
elections official has selected the arguments for and against the foregoing measure which
will be printed and distributed to the voters, the City’s elections official shall send copies
of the argument in favor of the measure to the authors of the argument against, and copies
of the argument against to the authors of the argument in favor. The author or a majority
of the authors of an argument relating to the foregoing city measure may prepare and
submit a rebuttal argument not to exceed two hundred fifty (250) words in length. A
rebuttal argument may not be signed by more than five (5) authors. The final date to file
rebuttal arguments with the City Clerk is no later than the close of business on July 26,
2024. The rebuttal arguments shall be accompanied by the Form of Statement to be Filed
by Author(s) of Argument as provided for in Elections Code section 9600. Rebuttal
arguments shall be printed in the same manner as the direct argume nts. Each rebuttal
argument shall immediately follow the direct argument which it seeks to rebut.
SECTION 3. That all previous resolutions providing for the filing of rebuttal
arguments for city measures are repealed.
SECTION 4. That the provisions of Sections 1 of this Resolution shall apply only
to the General Municipal Election to be held on November 5, 2024, and shall then be
repealed.
G.12.d
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CC Reso No. 2024-13 Page 2 of 2 May 28, 2024
SECTION 5. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions. This Resolution shall be
effective immediately upon passage and adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand
Terrace at a regular meeting held on the 28th day of May 2024.
______________________________
Bill Hussey
Mayor
ATTEST:
__________________________________
Debra Thomas
City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra
City Attorney
G.12.d
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AGENDA REPORT
MEETING DATE: May 28, 2024 Council Item
TITLE: An Amendment to the Agreement Between the City of Grand
Terrace and Michael Baker International - Housing Element
Consultant Services for the 2021-2029 Planning Period to
Update the Safety Element and Local Hazard Mitigation
Plan, and Adopt an Environmental Justice Element as State
Required Concurrent General Plan Updates Associated with
Obtaining an Adopted Housing Element for the 2021 -2029
Planning Period.
PRESENTED BY: Scott Hutter, Planning & Development Services Director
RECOMMENDATION: Adopt a Resolution to: 1. Approve an Amendment No. 2 to
Professional Services Agreement Between the City of Grand
Terrace and Michael Baker International for Housing
Element Consultant Services for the 2021-2029 Housing
Element Response to complete concurrent General Plan
Updates of the Safety Element, Local Hazard Mitigation
Plan, and Environmental Justice Element in the amount of
$257,955.00, for a total not to exceed contract amount of
$335,315.00; and
2. Authorize the City Manager to Execute the Agreement
subject to the City Attorney's approval as to form; and
3. Authorize the appropriation of General Fund in the amount
of $257,955.00.
2030 VISION STATEMENT:
This staff report supports Goal #1, Ensuring Fiscal Viability and Goal #3, Promote Economic
Development by having an internally consistent General Plan.
BACKGROUND/DISCUSSION:
On March 23, 2021, the City Council approved a Professional Services Agreement with J.H.
Douglas and Associates in the amount of $68,950.00 for the preparation of the City’s Housing
Element (sixth cycle). The contract between the City of Grand Terrace and J.H. Douglas expired
and was not extended and the invoices for J.H. Douglas contract were reimbursed through the
General Fund and the State’s SB2 Grant Funding.
On May 23, 2023, the City Council approved a Professional Services Agreement with Michael
Baker International in the amount of $40,250.00 to pick up on the preparation of the Housing
Element (sixth cycle) where J.H. Douglas left off. The State required that the City engage in
G.13
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additional public outreach for 6th Cycle and so on February 13, 2024, the City Council approved
Amendment No. 1 to Professional Services Agreement with Michael Baker International in the
amount of $37,110.00. The total contract amount increased with Amendment No. 1 to
$77,360.00. A total of $65,000.00 of that amount is to be reimbursed later this year through the
State’s LEAP Grant.
The scope of the Housing Element Update in the current contract with Michael Baker
International contract does not include concurrent General Plan Element Update considerations
that are required by State Statues. Those concurrent items being Safety Element,
Environmental Justice Element, and Local Hazard Mitigation Plan. Michael Baker International
has the staff, resources, and experience as noted in their proposal provided as EXHIBIT A-2 to
Attachment 1.
The flowchart below shows the relationship between the Housing Element Update and
concurrent General Plan Update considerations per State statutes.
SB 1035 (Gov. Code § 65302) and SB 379 (Gov. Code § 65302.g.4) require all cities to address
climate change adaptation and resilience in their Safety Element. SB 379 is triggered by the
next update of a jurisdiction’s local hazard mitigation plan (updated every five years). SB 1035
built off SB 379, requiring the safety element be updated every eight years upon the next
Housing Element Update which we are currently in the final stages of completing.
SB 1241 (Gov. Code § 65302, 65302.5) applies to cities with high fire hazard severity. Cities
subject to SB1241 need to ensure consistency between the Housing Element and Safety
Element to address fire risk. AB 2911 strengthened the local very high fire hazard severity zone
designation. The City is subject to SB 1241 and must share the Draft Safety Element with the
State Board of Forestry and Fire Protection. The Board is given 90 days to review and provide
comments on the draft, before the jurisdiction can act.
AB 2140 (Gov. Code § 65302.6, 8685.9) authorizes cities to adopt the Local Hazard Mitigation
Plan (LHMP) with the General Plan Safety Element. Integration by reference is encouraged
through a post-disaster financial incentive to cover local shares of the 25% non-federal portion
of grant-funded post-disaster projects when approved by the legislature. The Grand Terrace
LHMP expired in August of 2023 so Grand Terrace currently does not have a current LHMP.
SB 1000 (Gov. Code § 65302) requires cities with disadvantaged communities to adopt a
General Plan Environmental Justice Element to reduce risks in those communities. SB 1000 is
triggered when two or more General Plan Elements are updated concurrently. The Housing
Element has been underway since 2020 and the Safety Element is getting a late start. Together
they make up two elements and trigger SB 1000 for the Environmental Justice Element.
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The proposal to complete all of the above as required by State statutes is in the amount of
$257,955.00. The total contract amount will increase to $335,315.00.
Attached is a Resolution approving the Amendment No. 2 to the agreement for Housing
Element consultant services contract (Attachment 1) between Michael Baker International for
consultant services for concurrent General Plan updates of the Safety Element, Environmental
Justice Element, and Local Hazard Mitigation Plan.
FISCAL IMPACT:
The $257,955.00 will be appropriated from the General Fund Professional Services Account 10-
370-250-000-000.
ATTACHMENTS:
• Attachment 1 - Resolution - Approving 2nd Amendment to MBI Contract and
Appropriating Funds(984663.1) (DOCX)
• Attachment 1 Exhibit A - Amendment No 2 to MBI Agreement for Housing
Element(984662.1) (DOCX)
APPROVALS:
Scott Hutter Completed 05/22/2024 10:28 AM
Finance Skipped 05/22/2024 10:27 AM
City Manager Completed 05/22/2024 2:54 PM
City Council Pending 05/28/2024 6:00 PM
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01247.0001/984663.1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE APPROVING AMENDMENT NO. 2 TO THE AGREEMENT
BETWEEN CITY OF GRAND TERRACE AND MICHAEL BAKER
INTERNATIONAL FOR CONSULTANT SERVICES FOR CONCURRENT
GENERAL PLAN UPDATES OF THE SAFETY ELEMENT,
ENVIRONMENTAL JUSTICE ELEMENT, AND LOCAL HAZARD
MITIGATION PLAN FOR THE 2021-2029 PLANNING PERIOD,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT,
AND APPROVING THE APPROPRIATION OF FUNDS
WHEREAS, On March 23, 2021, the City Council approved a Professional
Services Agreement with J.H. Douglas and Associates in the amount of $68,950.00 for
the preparation of the City’s Housing Element (sixth cycle). The contract between the City
of Grand Terrace and J.H. Douglas expired and was not extended and the invoices for
J.H. Douglas contract were reimbursed through the General Fund and the State’s SB2
Grant Funding; and
WHEREAS, on May 23, 2023, the City Council approved a Professional Services
Agreement with Michael Baker International in the amount of $40,250.00 to pick up on
the preparation of the Housing Element (sixth cycle) where J.H. Douglas left off; and
WHEREAS, the State required that the City engage in additional public outreach
for 6th Cycle and so on February 13, 2024, the City Council approved Amendment No. 1
to Professional Services Agreement with Michael Baker International in the amount of
$37,110.00. The total contract amount increased with Amendment No. 1 to $77,360.00.
A total of $65,000.00 of that amount is to be reimbursed later this year through the State’s
LEAP Grant; and
WHEREAS, the scope of the Housing Element Update in the current contract with
Michael Baker International contract does not include concurrent General Plan Element
Update considerations that are required by State Statues. State law requires that the
City’s Safety Element, Environmental Justice Element, and Local Hazard Mitigation Plan
be updated concurrently with the City’s Housing Element Update; and
WHEREAS, based thereon, the Planning Department requested that Michael
Baker International provide a proposal with a budget and scope to conduct additional
addendum to the Safety Element, updates to the LHMP, and creation of an Environmental
Justice Element to complete the City’s General Plan and 6th Cycle Housing Element
Update for the City; and
WHEREAS, the City Council now desires approve the Amendment No. 2 to the
Agreement with Michael Baker International to incorporate the additional updates within
the Scope of Work, increase the Contract Sum by $257,955.00, for a total not to exceed
amount of $335,315.00, and extend the term of the Agreement to be consistent with the
completion of the City’s 6th Cycle Housing Element with the update to the City’s Safety
Element, LHMP and adoption of a new Environmental Justice Element ; and
WHEREAS, the City Council now desires to approve the appropriation of
$257,955.00 from the City’s General Fund to cover the costs of Amendment No. 2.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand
Terrace, as follows:
Section 1. The Recitals set forth above are true and correct and are
incorporated into this Resolution by this reference.
Section 2. The City Council hereby approves Amendment No. 2 to the
Agreement for Consultant Services with Michael Baker International for the Safety
Element, Environmental Justice Element, and Local Hazard Mitigation Plan , attached
hereto as Exhibit “A.” The City Manager is hereby authorized to execute Amendment No.
2 to the Agreement, subject to final approval as to form by the City Attorney’s office.
Section 3. The City Council hereby approves and appropriates $257,955.00
from the General Fund Professional Services Account 10-370-250-000-000 to cover the
costs of Amendment No. 2.
Section 4. This Resolution shall immediately take effect upon passage.
PASSED, APPROVED and ORDERED by the City Council of the City of Grand
Terrace, California at a regular meeting held on the _____ day of May, 2024.
Bill Hussey
Mayor
ATTEST:
________________________________
Debra Thomas
City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra
City Attorney
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01247.0005/984662.1
AMENDMENT NO. 2
TO AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN CITY OF GRAND TERRACE AND MICHAEL BAKER
INTERNATIONAL
This AMENDMENT NO. 2 TO THE AGREEMENT FOR CONTRACT SERVICES BY
AND BETWEEN THE CITY OF GRAND TERRACE AND MICHAEL BAKER
INTERNATIONAL (“Amendment No. 2”) by and between the CITY OF GRAND TERRACE
(“City”) and MICHAEL BAKER INTERNATIONAL (“Consultant”) is effective as of the 28th
day of May, 2024.
RECITALS
A. The City and Consultant entered into that certain Agreement for Contract Services
By and Between the City of Grand Terrace and Michael Baker International, dated May 23, 2023,
to complete the City’s 6th Cycle Housing Element Update, with a total compensation (“Contract
Sum”) of $40,250.00, and for a term of one (1) year (“Agreement”).
B. The City and Consultant amended that Agreement for Contract Services By and
Between the City of Grand Terrace and Michael Baker International, dated February 12, 2024, to
complete the City’s 6th Cycle Housing Element Update, with a total compensation (“Contract
Sum”) of $77,360.00, and extended the term of the Agreement to be consistent with the completion
of the City’s 6th Cycle Housing Element.
B. Consultant has worked diligently with City Staff to address State comments and
make the necessary edits to create the revised draft Housing Element which is currently posted on
the City website for public review. However, as Consultant was finishing the revised draft Housing
Element the City was made aware that the 6th Cycle Housing Element Update is required by the
State to update the Safety Element in the Grand Terrace General Plan.
C. Furthermore, pursuant to discussions with CalFire the update of the Safety Element
as a prerequisite requires the City’s Local Hazard Mitigation Plan (LHMP) to be revised, and
currently the City’s LHMP has been expired since August of 2023. The significance being that the
City is mandated by the State to update both its Safety Element and LHMP to complete the 6th
Cycle Housing Element Update.
D. Lastly, pursuant to the State environmental law statutes, when two or more General
Plan Elements are updated at the same time a jurisdiction shall incorporate an Environmental
Justice Element into its General Plan. Currently the City of Grand Terrace does not have an
Environmental Justice Element and must write one in addition to amending the Safety Element
and updating the LHMP to complete the 6th Cycle Housing Element Update.
E. Based thereon, the Planning Department requested that Consultant provide a
proposal with a budget and scope to conduct additional addendum to the Safety Element, updates
to the LHMP, and creation of an Environmental Justice Element to complete the 6th Cycle Housing
Element Update for the City.
F. The Parties now desire to amend the Agreement to incorporate the Proposal
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01247.0005/984662.1
within the Scope of Work as Exhibit “A-2” to include the additional scope of work, increase the
Contract Sum by $257,955.00, for a total not to exceed amount of $335,315.00, and extend the
term of the Agreement to be consistent with the completion of the City’s 6th Cycle Housing
Element with the update to the City’s Safety Element, LHMP and adoption of a new Environmental
Justice Element.
G. Except as amended hereby, this Amendment is subject to the same terms and
conditions as provided in the Agreement.
TERMS
1. Contract Amendments. The Agreement is amended as provided herein:
1.1 Section 2.1 Contract Sum is hereby amended in its entirety and shall now
read as follows (strikethrough represents deleted language while bold italics represents added
language):
“Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement
for actual expenses, shall not exceed Forty Thousand, Two Hundred and Fifty Dollars and
No cents ($40,250.00) Seventy-Seven Thousand, Three Hundred and Sixty Dollars ($77,
360.00) Three-Hundred and Thirty-Five Thousand, Three Hundred and Fifteen Dollars
($335,315.00) (the “Contract Sum”), unless additional compensation is approved pursuant
to Section 1.8”
1.2 Exhibit “A” Scope of Services is hereby amended in its entirety and shall
now read as follows (strikethrough represents deleted language while bold italics represents added
language):
“B. The Consultant will use the City’s current draft Housing Element and partner with
City staff to address the comments provided by the Housing and Community
Development Department in the letter dated February 12, 2022. The Consultant will
conduct additional public outreach to address State HCD’s request to obtain input
from lower-income and special needs households that will be incorporated into an
updated administrative Housing Element draft, as well as provide support and
participate in Planning Commission and City Council ratification or re-adoption
hearings as may be necessary. The Consultant will submit the draft Housing
Element to HCD for review and will lead facilitation and ongoing consultations
with HCD to achieve compliance with applicable state guidelines. In addition, the
Consultant will prepare the final Housing Element Update document with any final
revisions resulting from HCD review, as budget permits, and will provide required
findings to City Staff for City Council. The Consultant shall prepare for the City
a Local Hazard Mitigation Plan Update (LHMP), Safety Element Update, and
Environmental Justice Element. The Consultant will initiate CAL OES / FEMA
Review of the LHMP addressing any necessary concerns for their approval
before bringing to the city council for approval by resolution . The Consultant
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01247.0005/984662.1
shall revise for the City the Safety Element in coordination with CAL FIRE to
obtain Board of Forestry concurrence prior to adoption by the City Council. The
Consultant shall prepare for the City an Environmental Justice Element for
adoption by the City Council. For the above tasks the Consultant shall complete
and addendum to the certified Program Environmental Impact Report (“PEIR”)
in accordance with CEQA Guidelines Section 15164.
C. The foregoing is a brief summary and the full scope of services to be provided by
consultant are included on the attached Proposals enclosed as Exhibits A-1and A-
2 and A-3, attached hereto and incorporated by reference as though set forth in
full.”
1.3 Exhibit “C” Schedule of Compensation is hereby amended in its entirety
and shall now read as follows (strikethrough represents deleted language while bold italics
represents added language):
“I. Consultant shall perform the following Services at the budged amounts included
on the cost estimate provided on Exhibit “C-1,” and “C-2” and C-3.”
II. A retention of ten percent (10%) shall be held from each payment as a contract
retention to be paid as part of the final payment upon satisfactory completion of
services.
III. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 1.8.
IV. The City will compensate Consultant for the Services performed upon submission
of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of
hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with
supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment,
materials, and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed Three-Hundred and
Thirty-Five Thousand, Three Hundred and Fifteen Dollars ($335,315.00)
Seventy-Seven Thousand, Three Hundred and Sixty Dollars ($77, 360.00) Forty
Thousand, Two Hundred and Fifty Dollars and No Cents ($40,250.00), as
provided in Section 2.1 of this Agreement.
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VI. The Consultant’s billing rates for all personnel are attached as Exhibit C-1 and C-
2 and C-3.”
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 2,
all provisions of the Agreement shall remain unchanged and in full force and effect. From and
after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it
shall mean the Agreement, as amended by Amendment No. 2.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Consultant each ratify and reaffirm each and every one of the respective rights and obligations
arising under the Agreement. Each party represents and warrants to the other that there have been
no written or oral modifications to the Agreement other than as provided herein. Each party
represents and warrants to the other that the Agreement is currently an effective, valid, and binding
obligation.
Consultant represents and warrants to City that, as of the date of this Amendment No. 2,
City is not in default of any material term of the Agreement and that there have been no events
that, with the passing of time or the giving of notice, or both, would constitute a material default
under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment No. 2,
Consultant is not in default of any material term of the Agreement and that there have been no
events that, with the passing of time or the giving of notice, or both, would constitute a material
default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Amendment No. 2.
5. Authority. The persons executing this Amendment No. 2 on behalf of the parties
hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this
Amendment No. 2, such party is formally bound to the provisions of the Agreement, as amended
and (iv) the entering into this Amendment No. 2 does not violate any provision of any other
agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
G.13.b
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and
year first-above written.
CITY:
City of Grand Terrace, a municipal corporation
_____________________________________
Konrad Bolowich, City Manager
ATTEST:
_____________________________________
Debra Thomas, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
____________________________________
Adrian R. Guerra, City Attorney
CONSULTANT:
By:
____________________________________
Name: Tanya Bilezikjian, P.E. ENV SP
Title: Office Executive, Vice President
By:
____________________________________
Name: Peter Minegar, AICP
Title: Office Executive, Vice President
Address: 3536 Concours Street, Suite 100
Ontario, CA 92764
____________________________________
Two corporate officer signatures required when Consultant is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2024 before me, ________________, personally appeared ________________,
proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED
DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_________________________
________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
______________________________________
______________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED
ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
G.13.b
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01247.0005/984662.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2024 before me, ________________, personally appeared ________________,
proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED
DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_________________________
________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
______________________________________
______________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED
ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
G.13.b
Packet Pg. 312
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