Tuesday, April 14, 2026 1
CITY OF GRAND TERRACE
City Council
AGENDA ● April 14, 2026
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
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.
The City wants you to know that you can also submit your comments by email to [email protected]. 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). Written comments are available at the City Clerk Office.
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.grandterraceca.gov. For further information regarding agenda items, please contact the office of the City Clerk at (909) 954-5207, or via e-mail at [email protected].
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].
Tuesday, April 14, 2026 2
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
Boy Scouts of America Troop 40
AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances.
ROLL CALL
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
Proclamation — Child Abuse Prevention Month
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, and Direct the City Attorney to Read by Title only for, Ordinances on the Agenda
2) Treasurer's Report as of September 30, 2025
RECOMMENDATION: RECEIVE AND FILE THE TREASURER'S REPORT FOR THE PERIOD ENDING SEPTEMBER 30, 2025
DEPARTMENT: Finance
3) Treasurer's Report as of December 31, 2025
RECOMMENDATION: RECEIVE AND FILE THE TREASURER'S REPORT FOR THE PERIOD ENDING DECEMBER 31, 2025
DEPARTMENT: Finance
Tuesday, April 14, 2026 3
4) Approval of the March-2026 Check Register in the Amount of $571,008.15.
RECOMMENDATION: APPROVE THE CHECK REGISTER NO. 03312026 IN THE AMOUNT OF $571,008.15 AS SUBMITTED, FOR THE MONTH ENDING MARCH 31, 2026
DEPARTMENT: Finance
5) Approve Check #83461 to Mayor Hussey in the amount of $419.20 from the March 2026 Check Register
RECOMMENDATION: APPROVE CHECK #83461 TO MAYOR HUSSEY IN THE AMOUNT OF $419.20 FROM THE MARCH 2026 CHECK REGISTER
DEPARTMENT: Finance
6) Authorization to Advertise the Planning Commission Member Term Expirations RECOMMENDATION: AUTHORIZE THE CITY CLERK TO ADVERTISE THE EXPIRING TERMS IN ACCORDANCE WITH THE CITY’S APPOINTMENT PROCESS DEPARTMENT: City Clerk
7) Authorization to Advertise the Historical & Cultural Activities Committee Member Term Expirations
RECOMMENDATION: AUTHORIZE THE CITY CLERK TO ADVERTISE THE EXPIRING TERMS IN ACCORDANCE WITH THE CITY’S APPOINTMENT PROCESS DEPARTMENT: City Clerk
8) Approval of an Annual Subscription Agreement with Gladwell Governmental Services, Inc. for Records Retention Schedule Maintenance and Updates
RECOMMENDATION: APPROVE AN ANNUAL SUBSCRIPTION AGREEMENT WITH GLADWELL GOVERNMENTAL SERVICES, INC. (GGS) FOR ONGOING RECORDS RETENTION SCHEDULE MAINTENANCE AND UPDATES, IN THE AMOUNT OF $500 ANNUALLY, WITH A ONE-TIME CATCH-UP COST OF $1,000 TO BRING THE CITY’S
RETENTION SCHEDULES CURRENT WITH APPLICABLE STATE AND FEDERAL
LAWS, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT
SUBJECT TO CITY ATTORNEY APPROVAL AS TO FORM
DEPARTMENT: City Clerk
9) Award Concrete Rehabilitation at Various Locations (2) to Carter Enterprises Group, Inc.
RECOMMENDATION: FIND THAT THE CONCRETE REHABILITATION PROJECT (2)
IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15301(C) (EXISTING
FACILITIES), AND
AUTHORIZE STAFF TO PREPARE AND FILE A NOTICE OF EXEMPTION AND; APPROPRIATE AN ADDITIONAL $856.00 FROM 46-900-321-000-000 AND;
Tuesday, April 14, 2026 4
AWARD THE CONCRETE REHABILITATION PROJECT (2) TO CARTER ENTERPRISES, INC. OF YORBA LINDA BASED ON THE LOWEST RESPONSIVE
AND RESPONSIBLE BASE BID, AND APPROVE THE PUBLIC WORKS AGREEMENT WITH CARTER ENTERPRISES, INC. IN THE AMOUNT OF $100,856; AND
AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT, SUBJECT TO
APPROVAL AS TO FORM BY THE CITY ATTORNEY
DEPARTMENT: Public Works
10) Additional Appropriations for Diesel Generator using Equipment Replacement Fund RECOMMENDATION: APPROVE ADDITIONAL APPROPRIATIONS OF $27,300 FROM
THE EQUIPMENT REPLACEMENT FUND FOR THE DIESEL GENERATOR DEPARTMENT: City Manager
11) Second Reading and Adoption of an Ordinance Amending Section 4.80.010 of the Grand Terrace Municipal Code to update the City’s development impact fee program, remove obsolete fee amounts, and provide that development impact fees shall be established by City Council resolution consistent with the Mitigation Fee Act and Assembly Bill 602 (AB602) RECOMMENDATION: SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING SECTION 4.80.010 OF THE GRAND TERRACE MUNICIPAL CODE DEPARTMENT: Planning & Development Services
E. PUBLIC HEARINGS - NONE
F. UNFINISHED BUSINESS - NONE
G. NEW BUSINESS
12) Event Location Approval for Trunk or Treat 2026
RECOMMENDATION: THAT THE CITY COUNCIL SELECT A LOCATION FOR THE 2026 TRUNK OR TREAT EVENT AND PROVIDE DIRECTION TO STAFF TO PROCEED
WITH PLANNING AND COORDINATION
DEPARTMENT: City Manager
13) First Reading and Introduction of an Ordinance Formalizing Public Works Standard Plans and Streetlight Design Standards
RECOMMENDATION: FIRST READING AND INTRODUCTION OF AN ORDINANCE OF
THE CITY OF GRAND TERRACE ADOPTING PUBLIC WORKS STANDARD PLANS
AND SPECIFICATIONS AND STREETLIGHT DESIGN STANDARDS
DEPARTMENT: Public Works
14) Community Benefit Fund Grant Award to the Grand Terrace High School Titan Wrestling Booster Club
Tuesday, April 14, 2026 5
RECOMMENDATION: APPROVE THE COMMUNITY BENEFIT FUND GRANT
APPLICATION FROM THE GRAND TERRACE HIGH SCHOOL TITAN WRESTLING BOOSTER CLUB IN THE AMOUNT OF $2,000.00 AND TRANSFER OF FUNDS FROM ACCOUNT 61-461-200-000-000 TO 61-461-100-000-000
DEPARTMENT: Finance
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 Matt Brown
Council Member Jeff Allen
Council Member Doug Wilson
Mayor Pro Tem Michelle Sabino
Mayor Bill Hussey
J. CITY MANAGER COMMUNICATIONS
City Manager Konrad Bolowich
K. CLOSED SESSION
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
[Pursuant to California Government Code Section 54957]
Title of Position: City Manager
2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant Exposure to Litigation [Pursuant to Government Code sections 54954.5(c), 54956.9 (d)(3), (e)(1)]
Based on existing facts and circumstances, this closed session is only to decide whether a closed session is authorized pursuant to Government Code section 54956.9(d)(2), which provides: “A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency.” Reference Nos. 2026-001 and 2026- 002.
Number of cases: 2
L. ADJOURN
The next Regular City Council Meeting will be held on April 28, 2026, 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.
AGENDA REPORT
MEETING DATE: April 14, 2026
TITLE: Treasurer's Report as of September 30, 2025
PRESENTED BY: Christine Clayton, Finance Director
RECOMMENDATION: RECEIVE AND FILE THE TREASURER'S REPORT FOR THE PERIOD ENDING SEPTEMBER 30, 2025
2030 VISION STATEMENT:
This staff report supports Goal #1, “Ensuring Our Fiscal Viability”, through the continuous monitoring of actual cash on hand, receipts and disbursements incurred during the fiscal year.
BACKGROUND:
The Treasurer’s Report of funds held as cash or invested by the City should be provided to the governing body periodically.
DISCUSSION:
The purpose of the Treasurer’s Report is to provide the governing body with the following information:
• Current cash position of the City.
• Identify where all cash is held and, if invested, provide information regarding the Book Value, PAR Value, Market Value, yield, and maturity:
• Book Value is the value of an asset as it is listed in the City’s balance sheet or statement of financial position. The book value of the City’s cash is the amount listed in the City’s bank statement as of September 30, 2025 and recorded in the City’s financial system. • PAR value or face value is the value listed on an invested stock or bond. Had the City invested the cash in stocks or bonds, the PAR value would be the current value of the stocks or bonds. • Market value of an investment is the amount that someone will pay for it now, or the sale price.
The investment value calculates what the investment will earn and likely will be worth in the future. Had the City invested the cash in stocks or bonds, the investment would have both a PAR value and a Market value.
• Yield describes the amount in cash (in percentage terms) in the form of interest or dividends received from an investment in stocks or bonds.
• Maturity or maturity date refers to the payment date of a financial instrument (stock, bond, certificate of deposit (CD) at which point the principal (and all remaining interest) is due to be paid.
• The attached Treasurer’s Report as of September 30th indicates book, PAR and market value of total cash and investments.
• Show that there are sufficient cash resources to make economic commitments for the next six months. One way the governing body can monitor the fiscal condition of the City is to review
the cash position. The common benchmarks to do this, is to compare the current quarter to the prior quarter and the current quarter to the same quarter in the prior fiscal year. For the Treasurer’s Report of September 30, 2025, the quarter summary would be compared to June 30, 2025 and the annual summary would be compared to September 30, 2024. Information on the benefits of these two cash reporting comparison periods is provided below:
Quarterly Change in Cash Position:
This compares the cash position at the end of a quarter to the end of the prior quarter. The cyclical nature of revenues to the City versus the relatively constant nature of expenditures is shown in a quarterly comparison. An example of this would be property tax revenue of which the majority is received in December and May versus monthly labor and utility costs. Generally, the cash position tends to decrease in the first and second quarter of a fiscal year and to increase in the third and fourth quarters. One-time revenues such as bond proceeds may also be easier to highlight first in a quarterly change report.
City of Grand Terrace
CHANGE IN TREASURY POSITION
Fiscal Year-to-Date Compared to Previous Quarter
Table 1
Description June 30, 2025 Sept 30, 2025 $ Change % Chg
Total Cash and
Investments
$19,629,562 $17,773,906 ($1,855,656) -9.45%
Funds with
Fiscal Agent
$0 $0 $0
Total $19,629,562 $17,773,906 ($1,855,656) -9.45%
• As shown in the Table 1 above, the Cash & Investments Report indicates a decrease of approximately $1.8M. Below are the causes for the increase (revenue receipts) or decrease (expenditure disbursements) in the City’s cash balance:
• Payment of $728,860 to SB County Sheriff for the July, August and September 2025 police services
• Payment of $533,645 to CalPERs Unfunded Accrued Liability in July 2025 • Payment of $524,430 to Onyx Paving Company Inc for the CIP 2025-26 Streets
City of Grand Terrace
Change in Treasury Position
Fiscal Year-to-Date Compared to Previous Year (Same Quarter) Table 2
Description Sept 30, 2024 Sept 30, 2025 $ Change % Chg
Total Cash and
Investments
$16,468,382 $17,773,906 $1,305,524 7.93%
Funds with Fiscal
Agent
$0 $0 $0 0%
Total $16,468,382 $17,773,906 $1,305,524 7.93%
• As shown in Table 2, the current cash position compared to a year ago on September 30, 2024 increased by approximately $1.3 million. The increase in cash for the quarter ending September 2025 compared to September 2024 is largely due to the large deposits of Condor Energy Storage.
Cash Balance by Fund
City of Grand Terrace
CASH BALANCE by FUND
As of September 30, 2025
Table 3
Fund Fund Title Cash
Balances
City
09 CHILD CARE CENTER FUND $0
10 GENERAL FUND $6,127,926
11 STREET FUND $825,662
12 STORM DRAIN FUND $318,704
13 PARK FUND $104,739
14 SLESF (AB3229 COPS) ($20,091)
15 AIR QUALITY IMPROVEMENT FUND $106,625
16 GAS TAX FUND $335,921
17 TRAFFIC SAFETY FUND $33,689
19 FACILITIES FUND $193,611
20 MEASURE "I" FUND $527,952
21 WASTEWATER DISPOSAL FUND $1,750,763
22 CDBG ($55,286)
23 REFUNDABLE DEPOSITS TRUST FUND $2,880,295
25 SPRING MOUNTAIN RANCH $1,011,004
26 LNDSCP & LGTG ASSESSMENT DIST $203,399
45 COMMERCE WAY PROJECT $881,804
46 CAPITAL IMPROVEMENTS - STREETS ($537,082)
47 CAP.PRJ. BARTON/COLTON BRIDGE ($25,320)
48 CAPITAL PROJECTS FUND ($33,810)
49 CAPITAL PROJECTS FUND- PARKS $150,463
50 CAPITAL PROJECT BOND PROCEEDS 611,458
52 HOUSING AUTHORITY $1,511,303
56 ROAD MAINT & REHAB ACCT FUND $188,013
61 COMMUNITY BENEFITS FUND $77,360
62 LIGHT UP GRAND TERRACE $3,604
63 GT ILLEGAL FIREWORKS ENFORCEMENT $199
64 PUBLIC SAFETY FUND $24,029
65 SENIOR BUS PROGRAN FUND ($201,854)
66 CAL RECYCLE GRANT $1,361
67 PUBLIC, EDUCATIONAL& GOVT ACCESS $152,898
69 COMMUNITY DAY FUND ($8,072)
70 EQUIPMENT REPLACEMENT RESERVE
FUND
($130,084)
71 FIRESTATION PROCEEDS $819,780
74 HIGHWAY SFTY IMPROV PRGRM GRANT ($68,018)
75 EMER MGMT PREP GRANT (EMPG) FUND ($7,291)
76 ENHANCED INFRA FIN DIST (EIFD) FUND ($10,560)
85 NATIONAL OPIOID SETTLEMENT FUND $50,935
92 CDBG COVID-19 FUND ($42,435)
93 COVID-19 SB CNTY INFRA ALLOC FND $0
94 ARPA (AMERICAN RESCUE PLAN ACT) $0
95 DOG PARK ENDOWMENT FUND $20,312
TOTAL CITY $17,773,906
TOTAL CASH AND INVESTMENTS $17,773,906
The table below and the attached Treasurer’s Report also shows that the City of Grand Terrace can meet its expenditure requirements for the next six months and that sufficient funds are available to meet its operating needs.
City of Grand Terrace
CASH and INVESTMENT REPORT against adopted budget
As of September 30, 2025
Table 4
Description Amount
Total Cash and Investments, City $17,773,906
FY2025-26 Adopted Budget $11,107,788
Less: Successor Agency Budget ($0)
Net, City budget $11,107,788
Cash required for six (6) months:
($11,107,788 / 2)
$5,553,894
At a cash balance of $17,773,906, the City has sufficient cash
to cover operating expenditures for a six-month period.
As stated earlier in the report, the cash balances shown above are as of a certain date in time, specifically, September 30, 2025.
ENVIRONMENTAL IMPACT:
This action does not meet the threshold of a project under CEQA and therefore is exempt.
FISCAL IMPACT:
The purpose of the Treasurer’s Report is to provide information regarding the current cash and investment position of the City. There is no fiscal impact to receiving and filing the report.
AGENDA REPORT
MEETING DATE: April 14, 2026
TITLE: Treasurer's Report as of December 31, 2025
PRESENTED BY: Christine Clayton, Finance Director
RECOMMENDATION: RECEIVE AND FILE THE TREASURER'S REPORT FOR THE PERIOD ENDING DECEMBER 31, 2025
2030 VISION STATEMENT:
This staff report supports Goal #1, “Ensuring Our Fiscal Viability”, through the continuous monitoring of actual cash on hand, receipts and disbursements incurred during the fiscal year.
BACKGROUND:
The Treasurer’s Report of funds held as cash or invested by the City should be provided to the governing body periodically.
DISCUSSION:
The purpose of the Treasurer’s Report is to provide the governing body with the following information:
• Current cash position of the City.
• Identify where all cash is held and, if invested, provide information regarding the Book Value, PAR Value, Market Value, yield, and maturity:
• Book Value is the value of an asset as it is listed in the City’s balance sheet or statement of financial position. The book value of the City’s cash is the amount listed in the City’s bank statement as of December 31, 2025 and recorded in the City’s financial system. • PAR value or face value is the value listed on an invested stock or bond. Had the City invested the cash in stocks or bonds, the PAR value would be the current value of the stocks or bonds. • Market value of an investment is the amount that someone will pay for it now, or the sale price.
The investment value calculates what the investment will earn and likely will be worth in the future. Had the City invested the cash in stocks or bonds, the investment would have both a PAR value and a Market value.
• Yield describes the amount in cash (in percentage terms) in the form of interest or dividends received from an investment in stocks or bonds.
• Maturity or maturity date refers to the payment date of a financial instrument (stock, bond, certificate of deposit (CD) at which point the principal (and all remaining interest) is due to be paid.
• The attached Treasurer’s Report as of December 31st indicates book, PAR and market value of total cash and investments.
• Show that there are sufficient cash resources to make economic commitments for the next six months. One way the governing body can monitor the fiscal condition of the City is to review
the cash position. The common benchmarks to do this, is to compare the current quarter to the prior quarter and the current quarter to the same quarter in the prior fiscal year. For the Treasurer’s Report of December 31, 2025, the quarter summary would be compared to September 30, 2025 and the annual summary would be compared to December 31, 2024.
Information on the benefits of these two cash reporting comparison periods is provided below:
Quarterly Change in Cash Position:
This compares the cash position at the end of a quarter to the end of the prior quarter. The cyclical nature of revenues to the City versus the relatively constant nature of expenditures is shown in a quarterly comparison. An example of this would be property tax revenue of which the majority is received in December and May versus monthly labor and utility costs. Generally, the cash position tends to decrease in the first and second quarter of a fiscal year and to increase in the third and fourth quarters.
City of Grand Terrace
CHANGE IN TREASURY POSITION
Fiscal Year-to-Date Compared to Previous Quarter
Table 1
Description Sept 30, 2025 Dec 31, 2025 $ Change % Chg
Total Cash and
Investments
$17,773,906 $19,583,800 $1,809,894 10.18%
Funds with Fiscal
Agent
$0 $0 $0
Total $17,773,906 $19,583,800 $1,809,894 10.18%
• As shown in the Table 1 above, the Cash & Investments Report indicates an increase of approximately $1.8M. Below are the causes for the increase (revenue receipts) or decrease (expenditure disbursements) in the City’s cash balance:
• $2,313,180 in total Property Taxes collected during the 4th quarter of 2025 • Payment of $458,442 to SB County Sheriff for the October and November 2025 police services City of Grand Terrace
Change in Treasury Position
Fiscal Year-to-Date Compared to Previous Year (Same Quarter) Table 2
Description Dec 31, 2024 Dec 31, 2025 $ Change % Chg
Total Cash and
Investments
$19,385,251 $19,583,800 $198,549 1.02%
Funds with Fiscal
Agent
$0 $0 $0 0%
Total $19,385,251 $19,583,800 $198,549 1.02%
• As shown in Table 2, the current cash position compared to a year ago on December 31, 2024 increased by approximately $199K. The increase in cash for the quarter ending December 2025 compared to December 2024 was a result of the increased in property tax revenue.
Cash Balance by Fund
City of Grand Terrace
CASH BALANCE by FUND
As of December 31, 2025
Table 3
Fund Fund Title Cash Balances
City
09 CHILD CARE CENTER
FUND
$0
10 GENERAL FUND $7,496,771
11 STREET FUND $825,662
12 STORM DRAIN FUND $318,704
13 PARK FUND $104,739
14 SLESF (AB3229 COPS) $114,190
15 AIR QUALITY
IMPROVEMENT FUND
$110,985
16 GAS TAX FUND $332,919
17 TRAFFIC SAFETY FUND $34,512
19 FACILITIES FUND $193,610
20 MEASURE "I" FUND $596,494
21 WASTEWATER DISPOSAL
FUND
$1,750,763
22 CDBG ($89,325)
23 REFUNDABLE DEPOSITS
TRUST FUND
$2,917,363
25 SPRING MOUNTAIN RANCH $1,011,004
26 LNDSCP & LGTG
ASSESSMENT DIST
$227,242
45 COMMERCE WAY
PROJECT
$881,804
46 CAPITAL IMPROVEMENTS -
STREETS
($537,082)
47 CAP.PRJ. BARTON/COLTON
BRIDGE
($25,320)
48 CAPITAL PROJECT FUND ($33,810)
49 CAPITAL PROJECTS FUNDPARKS$150,463
50 CAPITAL PROJECT BOND
PROCEEDS
611,458
52 HOUSING AUTHORITY $1,500,560
56 ROAD MAINT & REHAB
ACCT FUND
$279,605
61 COMMUNITY BENEFITS
FUND
$75,360
62 LIGHT UP GRAND
TERRACE
($10,621)
63 GT ILLEGAL FIREWORKS
ENFORCEMENT
$199
64 PUBLIC SAFETY FUND $24,029
65 SENIOR BUS PROGRAN
FUND
($50,712)
66 CAL RECYCLE GRANT $1,361
67 PUBLIC, EDUCATIONAL&
GOVT ACCESS
$151,475
69 COMMUNITY DAY FUND ($8,072)
70 EQUIPMENT
REPLACEMENT RESERVE
($135,400)
FUND
71 FIRESTATION PROCEEDS 819,780
74 HIGHWAY SFTY IMPROV
PRGRM GRANT
($68,018)
75 EMER MGMT PREP GRANT
(EMPG) FUND
($7,291)
76 ENHANCED INFRA FIN DIST
(EIFD) FUND
($10,560)
85 NATIONAL OPIOD
SETTLEMENT FUND
$51,079
92 CDBG COVID-19 FUND ($42,435)
94 ARPA (AMERICAN RESCUE
PLAN ACT)
$0
95 DOG PARK ENDOWMENT
FUND
$20,315
TOTAL CITY $19,583,800
TOTAL CASH AND INVESTMENTS $19,583,800
The table below and the attached Treasurer’s Report also shows that the City of Grand Terrace can meet its expenditure requirements for the next six months and that sufficient funds are available to meet its operating needs.
City of Grand Terrace
CASH and INVESTMENT REPORT against adopted budget
As of December 31, 2025
Table 4
Description Amount
Total Cash and Investments, City $19,583,800
FY2025-26 Adopted Budget $11,107,788
Less: Successor Agency Budget ($0)
Net, City budget $11,107,788
Cash required for six (6) months:
($11,107,788 / 2)
$5,553,894
At a cash balance of $19,583,800, the City has sufficient cash to cover operating expenditures for a six-month period.
As stated earlier in the report, the cash balances shown above are as of a certain date in time, specifically, December 31, 2025.
ENVIRONMENTAL IMPACT:
This action does not meet the thresholdof a project under CEQA and is exempt.
FISCAL IMPACT:
The purpose of the Treasurer’s Report is to provide information regarding the current cash and investment position of the City. There is no fiscal impact to receiving and filing the report.
AGENDA REPORT
MEETING DATE: April 14, 2026
TITLE: Approval of the March-2026 Check Register in the Amount of $571,008.15.
PRESENTED BY: Christine Clayton, Finance Director
RECOMMENDATION: APPROVE THE CHECK REGISTER NO. 03312026 IN THE AMOUNT OF $571,008.15 AS SUBMITTED, FOR THE MONTH ENDING MARCH 31, 2026
2030 VISION STATEMENT:
This staff report supports Goal #1, “Ensuring Our Fiscal Viability”, through the continuous monitoring of expenditure budgets, allocations, and operational costs.
BACKGROUND:
The check register for the month of March-2026 has been prepared in accordance with Government Code §37202 and is hereby submitted for City Council’s approval.
The check register lists all vendor payments for the respective month, along with a brief description of the type of goods or services purchased and the account code(s) associated with each payment. The check registers list all payments made to vendors and employee reimbursements during the month of March-2026.
The attached index to the Check Register is a guideline account list only and is not intended to replace the comprehensive chart of accounts used by the City and Grand Terrace Successor Agency.
Expenditure account number formats are XX-XXX-XXX [Fund-Department-Account]. Expenditures may be made from trust/agency accounts (Fund 23-XXX-) or temporary clearing accounts that do not have a budgetary impact.
DISCUSSION:
CHECK REGISTER
A total of $571,008.15 in accounts payable checks and/or wires were issued during the period for services, reimbursements, supplies, and contracts and are detailed in the individual monthly register.
Below is a table that lists payments larger than $10,000 for the month of March-2026.
Payments larger than $10,000:
Check No. Payee Description Amount
83401 ALESHIRE & WYNDER LLP DEC 2025 - JAN 2026 LEGAL
SERVICES
$31,725.33
83405 CIVIC PLUS FY2026-27 AGENDA AND
MEETING MANAGEMENT
HOSTING
$12,678.75
83422 MICHAEL BAKER
INTERNATIONAL
SEP 2025, DEC 2025- JAN
2026 LHMP, SAFETY
ELEMENT, EJ ELEMENT
CONSULTING; JAN 2026
PROFESSIONAL SERVICES
FOR MARKS ARCHITECTURE;
NOV 2025 - JAN 2026
PROFESSIONAL SERVICES
FOR GT HEALTH CENTER
$32,215.06
83442 ALESHIRE & WYNDER LLP FEB 2026 LEGAL SERVICES $14,485.65 83471 ON SITE COMPUTING APR 2026 IT SERVICES $10,983.34 83474 Q3 CONSULTING JAN 2026 STORM DRAIN
MASTER PLAN
DEVELOPMENT
$12,057.50
83478 SB COUNTY SHERIFF MAR 2026 LAW
ENFORCEMENT SERVICES
$229,220.00
83482 SOCAL JCB MINI EXCAVATOR FOR
PUBLIC WORKS
$24,999.99
18178157 PUBLIC EMPLOYEES
RETIREMENT
RETIREMENT
CONTRIBUTIONS FOR PAY
DATE 03/05/2026
$13,010.41
18213817 CA PUB EMPLOYEES
RETIRE SYSTEM
MAR 2026 PERS HEALTH
INSURANCE
$30,872.13
36325786 SO CA EDISON COMPANY FEB 2026 ENERGY USAGE $18,547.15 414773526 US BANK FEB-MAR 2026 CAL CARD
CHARGES
$13,994.87
TOTAL PAYMENTS LARGER
THAN $10,000
$444,790.18
PAYROLL
Payroll costs for the month:
Pay
Per.
Period
Start
Period
End
Pay Date Amount
Mar26
18 From 2/14/2026 to 2/27/2026 3/5/2026 $84,297.34
19 From 2/28/2026 to 3/13/2026 3/19/2026 $85,653.42
$169,950.76
ENVIRONMENTAL IMPACT:
N/A
FISCAL IMPACT:
All disbursements (including payroll) were made in accordance with the approved budget for Fiscal Year 2025-26 in the amount of:
Description Amount
Mar-26
Check
Register $571,008.15
Payroll $169,950.76
$740,958.91
CITY OF GRAND TERRACE
FY2025-26
GRAND TERRACE CIVIC CENTER
22795 BARTON ROAD GRAND TERRACE, CA 92313
CHECK REGISTER
Account Index
The Grand Terrace City Council meets on the Second Tuesday of each month at 6:00 pm.
City of Grand Terrace Check Register Index
Bill Hussey, Mayor
Michelle Sabino, Mayor Pro Tem
Doug Wilson, Council Member
Jeff Allen, Council Member
Matt Brown, Council Member
Fund Dept Acct
No. Fund Name No. Department Cost Center No. General Account Numbers 09 CHILD CARE FUND 110 CITY COUNCIL 110 SALARIES/WAGES
10 GENERAL FUND 120 CITY MANAGER 115 OVERTIME
11 STREET FUND 125 CITY CLERK 120 COUNCIL STIPENDS
12 STORM DRAIN FUND 140 FINANCE 138 MEDICARE / SUI
13 PARK FUND 160 CITY ATTORNEY 139 EMPLOYEES' BENEFIT PLAN 14 AB 3229 COPS FUND 172 BUILDING & SAFETY 140 RETIREMENT 15 AIR QUALITY IMPROVEMENT FUND 175 PUBLIC WORKS 142 HEALTH/LIFE INSURANCE 16 GAS TAX FUND 180 COMMUNITY EVENTS 143 WORKERS' COMPENSATION 17 TRAFFIC SAFETY FUND 185 RENTAL INSPECTION PROGRAM 210 OFFICE EXPENSE 18 TRANS. DEV. ACT (T D A FUND) 187 ENFORCEMENT PROGRAM 211 POSTAGE & MAILING 19 FACILITIES DEVELOPMENT FUND 190 NON-DEPARTMENTAL 220 SPECIAL DEPARTMENTAL EXP 20 MEASURE I FUND 195 FACILITIES MAINTENANCE 230 ADVERTISING 21 WASTE WATER DISPOSAL FUND 370 PLANNING & DEVELOPMENT SVCS 235 COMMUNICATIONS 22 COMMUNITY DEV. BLOCK GRANT 380 MGT INFORMATION SYSTEMS 238 UTILITIES 25 SPRING MOUNTAIN RANCH FUND 410 LAW ENFORCEMENT 240 RENTS & LEASES 26 LSCPG/ LGHTG ASSESSMENT DIST. 411 ASSET FORFEITURES 244 CUSTODIAL SERVICES 32 S/A CAPITAL PROJECTS FUND 430 RECREATION SERVICES 245 MAINT BLDG GRNDS EQUIPMNT 36 S/A 2011 TABS BOND PROCEEDS 441 CHILD CARE - NUTRITION GRANT 246 MAINT/OPER OF EQUIPMNT 45 CIP - COMMERCE WAY 445 CHILD CARE - TINY TOTS 250 PROFESSIONAL SERVICES 46 CIP - STREET IMPROVEMENTS 446 CHILD CARE - AFTER SCHOOL 251 BANKING SERVICE CHARGES 47 CIP - BARTON RD. BRIDGE PROJECT 447 CHILD CARE - PRE-SCHOOL 252 ROAD MAINTENANCE 48 CIP - CAPITAL PROJECTS FUND 450 PARKS MAINTENANCE 254 STREET SWEEPING 49 CIP - PARKS 461 COMMUNITY GRANTS 255 CONTRACTUAL SERVICES 50 CAPITAL PROJECT BOND PROCEEDS 500 AIR QUALITY PROGRAMS 256 ANIMAL SHELTERING SVCS 52 HOUSING AUTHORITY 510 STREET & SIGNAL LIGHTING 260 INSURANCE & SURETY BONDS 61 COMMUNITY BENEFITS FUND 573 LINE MAINTENANCE 265 MEMBERSHIPS & DUES 62 LIGHT UP GRAND TERRACE FUND 600 ZONE 1 13364 CANAL -TERR PINES 268 TRAINING 63 ILLEGAL FIREWORKS FUND 601 ZONE 3 TRACT 14471 PICO & ORIOLE 270 TRAVEL/CONFERENCES/MTGS 64 PUBLIC SAFETY FUND 602 ZONE 2 14264 FORREST CITY PHASE II 271 MILEAGE 65 SENIOR BUS PROGRAM FUND 603 ZONE 4 TRACT 17766 GREENBRIAR 625 NPDES 66 CAL RECYCLE GRANT 604 ZONE 5 TRACT 18793 PALOMINO 631 STORM DRAIN MAINTENANCE 67 PUBLIC EDUC & GOVT ACCESS (PEG) 605 ZONE 6 TRACT 18071 JADEN 801 PLANNING COMMISSION 68 40TH YR CELEBRATION FUND 606 ZONE 7 TRACT 18604 TESORO/VAN BUREN 804 HISTORICAL & CULTURAL COMM. 69 COMMUNITY DAY FUND 625 NPDES 311 FACILITY IMPROVEMENTS 70 FIXED ASSED/EQUIP REPL FUND 631 STORM DRAIN MAINTENANCE 570 WASTEWATER TREATMENT 73 ACTIVE TRANS PRGM (ATP) GRANT 700 CAPITAL OUTLAY 400 OTHER COMMUNITY GRANTS 74 HIGHWAY SFTY IMPV PRGM (HSIP) 705 EVERY 15 MINUTES 601 ELECTRICAL VEHICLE STATIONS 75 EMER MGMT PREP GRANT (EMPG) 801 PLANNING COMMISSION 700 COMPUTER EQUIPMENT 76 ENHANCED INFRA FIN DIST (EIFD) 804 HISTORICAL & CULTURAL COMMITTEE 701 CAPITAL IMPROVEMENT OTHER 77 SO CAL INCENTIVE PROJECT (SCIP) 805 SENIOR CITIZENS PROGRAM 705 VEHICLES 90 COVID-19 EMERGENCY FUND 808 EMERGENCY OPERATIONS PROG. 998 OVERHEAD COST ALLOCATION 95 DOG PARK ENDOWMENT FUND 999 TRANSFERS 999 TRANSFERS OUT
%+6;1()4#0&6'44#%' FY2025-26
GRAND TERRACE CIVIC CENTER
22795 BARTON ROAD GRAND TERRACE, CA 92313
MONTHLY CHECK REGISTER For the
Period Ending March 31, 2026
ŝůů,ƵƐƐĞLJ, Mayor
DŝĐŚĞůůĞ^ĂďŝŶŽ, Mayor Pro Tem
ŽƵŐtŝůƐŽŶ͕ŽƵŶĐŝůDĞŵďĞƌ
:ĞĨĨůůĞŶ͕ŽƵŶĐŝůDĞŵďĞƌ
DĂƚƚƌŽǁŶ͕ŽƵŶĐŝůDĞŵďĞƌ
The Grand Terrace City Council meets on the Second Tuesday of each month at 6:00 pm.
Invoice #
POLYCOM VVX 450 PHONES
HOUSING GROUP, LLC
HOUSING AUTHORITY
SPECIFIC PLAN
AFTER 42 HRS
Check Register
CITY OF GRAND TERRACE
As of 3/31/2026
Check # Date Vendor Invoice Description Inv. Date Amount Paid Check Total 83400 03/05/2026 8X8 INC 5498636 MAR 2026 SERVICE CHARGE FOR (46) 03/01/2026 E 10-190-235-000-000 1,325.94
1,325.94
1,325.94
83401 03/05/2026 ALESHIRE AND WYNDER LLP 102601 JAN 2026 LEGAL SERVICES - GENERAL 02/18/2026 E 10-160-250-000-000 10,671.03
10,671.03
101668 DEC 2025 LEGAL SERVICES - GENERAL 01/27/2026
E 10-160-250-000-000 10,670.00
10,670.00
101671 DEC 2025 LEGAL SERVICES - COMMUNITY 01/27/2026
E 10-160-250-100-000 4,893.40
4,893.40
101672 DEC 2025 LEGAL SERVICES FOR GT 01/27/2026
E 52-400-251-000-000 3,809.90
3,809.90
101667 DEC 2025 LEGAL SERVICES FOR GATEWAY 01/27/2026
B 23-515-90-00 1,139.00
1,139.00
102448 DEC 2025 LEGAL SERVICES - LITIGATION 01/27/2026
E 10-160-250-100-000 409.60
409.60
102449 DEC 2025 LEGAL SERVICES - GENERAL 01/27/2026
E 10-160-250-000-000 132.40
132.40
31,725.33
Invoice #
Check Register
CITY OF GRAND TERRACE
As of 3/31/2026
Check # Date Vendor Invoice Description Inv. Date Amount Paid Check Total
ROLLINS PARK
CITY COUNCIL
FEB-MAR 2026
FEB-MAR 2026
FEB-MAR 2026
FEB-MAR 2026
83402 03/05/2026 ATHLETIC FIELD SPECIALISTS 8521 FEB 2026 TURF MAINTENANCE FOR RICHARD 02/28/2026 E 10-450-245-000-000 2,350.00
2,350.00
2,350.00
83403 03/05/2026 BENSON PRODUCTIONS 1630 FEB 2026 VIDEOGRAPHER SERVICES FOR 02/25/2026 E 67-380-250-000-000 700.00
700.00
700.00
83404 03/05/2026 CHARTER COMMUNICATIONS 254304601022126 CITY HALL INTERNET - PEG CITY HALL - 02/21/2026 E 67-380-250-000-000 540.00
540.00
188753201022126 CITY HALL INTERNET - CITY HALL - 02/21/2026 E 10-190-238-000-000 329.99
329.99
188753301022126 RICHARD ROLLINS PARK INTERNET - 02/21/2026 E 10-450-238-000-000 329.99
329.99
188753001022126 SR CENTER INTERNET - HSD3 - 02/21/2026
E 10-805-238-000-000 140.00
140.00
188753101022126 CITY HALL CABLE - CITY HALL - FEB-MAR 2026 02/21/2026 E 10-190-238-000-000 60.01
60.01 1,399.99
Invoice #
Check Register
CITY OF GRAND TERRACE
As of 3/31/2026
Check # Date Vendor Invoice Description Inv. Date Amount Paid Check Total
MANAGEMENT HOSTING
CO INC CITY HALL STAFF
CITY HALL STAFF
ADM MAIN ST AND MICHIGAN ST
ELECTIONS CODE
INSURANCE
83405 03/05/2026 CIVIC PLUS 363830 FY2026-27 AGENDA AND MEETING 05/29/2026 B 10-017-00-00 11,622.19
E 10-125-250-000-000 1,056.56
12,678.75
12,678.75
83406 03/05/2026 COMPUTERIZED EMBROIDERY 60848 EMBROIDERY OF CITY LOGO ON SHIRTS FOR 02/25/2026 E 10-190-220-000-000 65.25
65.25 60502 EMBROIDERY OF CITY LOGO ON SHIRTS FOR 01/15/2026 E 10-190-220-000-000 15.23
15.23 80.48
83407 03/05/2026 COUNTY OF RIVERSIDE TLMA TL0000018087 DEC 2025 TRAFFIC SIGNAL MONITORING AT 02/27/2026 E 10-175-246-000-000 2,106.23
2,106.23
2,106.23
83408 03/05/2026 DFM ASSOCIATES 51015 REMAINING BALANCE - 2026 CALIFORNIA 02/18/2026 E 10-125-220-000-000 56.85
56.85 56.85
83409 03/05/2026 EYEMED FIDELITY SECURITY LIFE 167244687 MAR 2026 EMPLOYEE PAID VISION 02/21/2026 B 10-022-71-00 185.64
185.64
185.64
Invoice #
Check Register
CITY OF GRAND TERRACE
As of 3/31/2026
Check # Date Vendor Invoice Description Inv. Date Amount Paid Check Total PARK
REPORT
IMPACT FEES UPDATE
20596
83410 03/05/2026 GENERAL DOOR SERVICE INC 8578 REPAIRS FOR GATE AT VETERAN'S FREEDOM 02/11/2026 E 10-450-245-000-000 425.00
425.00
425.00
83411 03/05/2026 GOODMAN AND ASSOCIATES 6116 FEB 2026 INTERIM CITY ENGINEER SERVICES 03/02/2026 E 10-175-250-020-000 5,328.75
5,328.75
5,328.75
83412 03/05/2026 GRAND TERRACE CITY NEWS 020688 GT 02.26.2026 CITY AD: ZCA 26-01 02/25/2026 E 10-370-230-000-000 499.50
499.50
20690 GT 02.26.2026 CITY AD: AB 1600 ANNUAL 02/25/2026
E 10-370-230-000-000 499.50
499.50
20689 GT 02.26.2026 CITY AD: DEVELOPMENT 02/25/2026
E 10-370-230-000-000 499.50
499.50
20597 GT 02.19.2026 CITY AD: ORD 373 02/17/2026
E 10-125-230-000-000 148.64
148.64
20598 GT 02.19.2026 CITY AD: ORD 374 02/17/2026
E 10-125-230-000-000 142.88
142.88
GT 02.19.2026 CITY AD: ORD 372 02/17/2026
E 10-125-230-000-000 136.72
136.72
1,926.74
Invoice #
Check Register
CITY OF GRAND TERRACE
As of 3/31/2026
Check # Date Vendor Invoice Description Inv. Date Amount Paid Check Total
YARD SALE SIGNS
RICHARD ROLLINS PARK 02/21/2026
SOFTWARE
FEES
PHOTOCOPIER
83413 03/05/2026 MELISSA GUILLEN 03042026 REFUND YARD SALE SIGN DEPOSIT FOR (2) 03/04/2026 B 23-515-22-00 20.00
20.00 20.00
83414 03/05/2026 ASHLEY GUZMAN 03042026 REFUND PARK RESERVATION DEPOSIT FOR 03/04/2026 B 23-515-22-00 100.00
100.00
100.00
83415 03/05/2026 HDL SOFTWARE LLC SIN059352 FY2025-26 ANNUAL PERMIT TRACKING 02/12/2026 E 10-172-250-000-000 2,906.02
2,906.02
SIN059911 JAN 2026 BUSINESS LICENSE PROCESSING 01/31/2026 E 10-140-250-000-000 346.71
346.71
3,252.73
83416 03/05/2026 KEN GRODY FORD 326144 REPAIRS FOR FORD TRANSIT 02/19/2026 E 10-185-272-000-000 2,576.44
2,576.44
2,576.44
83417 03/05/2026 KONICA MINOLTA 48703275 FEB-MAR 2026 RENT FOR ADDITIONAL 02/19/2026 E 10-190-700-000-000 142.92
142.92
142.92
Invoice #
Check Register
CITY OF GRAND TERRACE
As of 3/31/2026
Check # Date Vendor Invoice Description Inv. Date Amount Paid Check Total
SOLUTIONS PHOTOCOPIER SERVICES
MAINTENANCE
506525043
MAINTENANCE
VETERAN'S FREEDOM PARK 01/31/2026
INSURANCE
83418 03/05/2026 KONICA MINOLTA BUS. 9010778147 01/15/2026-02/14/2026 CITYWIDE 02/14/2026 E 10-190-212-000-000 257.47
257.47
507002894 FEB 2026 CITYWIDE PHOTOCOPIER 02/28/2026
E 10-190-212-000-000 146.32
146.32
JAN 2026 CITYWIDE PHOTOCOPIER 01/31/2026
E 10-190-212-000-000 133.48
133.48
537.27
83419 03/05/2026 LINCOLN NATIONAL LIFE LCLN MAR MAR 2026 LIFE/AD&D/DEP LIFE/WI/LTD 03/01/2026 B 10-022-66-00 1,183.86
E 10-120-142-000-000 66.04
E 10-125-142-000-000 23.71
E 10-140-142-000-000 54.27
E 10-172-142-000-000 10.34
E 10-175-142-000-000 44.86
E 10-185-142-000-000 22.04
E 10-370-142-000-000 31.65
E 10-450-142-000-000 21.91
E 16-175-142-000-000 10.95
E 22-425-142-000-000 11.25
E 52-400-142-000-000 2.39
1,483.27
1,483.27
83420 03/05/2026 RUBY MACIAS 03042026 REFUND PARK RESERVATION DEPOSIT FOR 03/04/2026 B 23-515-22-00 50.00
50.00 50.00
2026
Invoice #
Check Register
CITY OF GRAND TERRACE
As of 3/31/2026
Check # Date Vendor Invoice Description Inv. Date Amount Paid Check Total
YARD SALE SIGNS
ELEMENT CONSULTING
ELEMENT CONSULTING
1278013
MARKS ARCHITECTURE
FOR GT HEALTH CENTER
RICHARD ROLLINS PARK 02/21/2026
83421 03/05/2026 EMILY MCELROY 03042026 REFUND YARD SALE SIGN DEPOSIT FOR (2) 03/04/2026 B 23-515-22-00 20.00
20.00 20.00
83422 03/05/2026 MICHAEL BAKER INTERNATIONAL 1277936 DEC25-JAN26 LHMP, SAFETY ELEMENT, EJ 02/20/2026 E 10-370-250-000-000 17,865.00
17,865.00
1265369 SEP 2025 LHMP, SAFETY ELEMENT, EJ 10/24/2025
E 10-370-250-000-000 10,358.00
10,358.00
JAN 2026 PROFESSIONAL SERVICES FOR 02/23/2026
B 23-515-79-00 3,659.06
3,659.06
1278017 NOV25-JAN26 PROFESSIONAL SERVICES 02/23/2026
B 23-520-20-00 333.00
333.00
32,215.06
83423 03/05/2026 JESSICA NORIEGA 03042026 REFUND PARK RESERVATION DEPOSIT FOR 03/04/2026 B 23-515-22-00 100.00
100.00
100.00
Invoice #
Check Register
CITY OF GRAND TERRACE
As of 3/31/2026
Check # Date Vendor Invoice Description Inv. Date Amount Paid Check Total HALL
CONFERENCE
83424 03/05/2026 ODP BUSINESS SOLUTIONS LLC 457243539001 OFFICE AND CLEANING SUPPLIES FOR CITY 02/20/2026 E 10-190-210-000-000 420.46
420.46
456711303001 TRASH LINERS AND KLEENEX 02/09/2026
E 10-190-210-000-000 99.20
E 10-450-245-000-000 105.96
E 10-805-245-000-000 35.32
240.48
458438145001 HAND WARMERS FOR GENERAL OFFICE USE 02/12/2026 E 10-190-210-000-000 68.29
68.29 460864743001 OFFICE SUPPLIES FOR BUILDING & SAFETY 02/25/2026 E 10-172-210-000-000 56.42
56.42 785.65
83425 03/05/2026 ON SITE COMPUTING 54005211 AFTER HOURS SUPPORT - SENIOR CENTER 02/10/2026 E 10-805-245-000-000 312.00
312.00
312.00
83426 03/05/2026 OPTION ONE SOLAR 02232026 REFUND PERMIT FEES FOR B00-005-998 02/23/2026 R 10-410-01 59.00
R 10-410-06 543.00
R 10-410-07 271.50
R 10-410-09 99.26
B 23-200-23-00 2.00
974.76
974.76
83427 03/05/2026 BRENDA OROZCO 03042026 MILEAGE REIMBURSEMENT FOR 2026 CSMFO 03/04/2026 E 10-140-270-000-000 208.80
208.80
208.80
Invoice #
Check Register
CITY OF GRAND TERRACE
As of 3/31/2026
Check # Date Vendor Invoice Description Inv. Date Amount Paid Check Total B00-005-483
MAINTENANCE RENEWAL
DEP WASTE SERVICES
MOUNTAIN HIKE 2026
83428 03/05/2026 PACIFIC DENTAL SERVICES 02242026 REFUND C&D DEPOSIT IN FULL FOR PERMIT 02/24/2026 B 23-520-08-00 3,943.00
3,943.00
3,943.00
83429 03/05/2026 POWERSCHOOL GROUP LLC INV480346 FY2025-26 CIVIC LIVE SUPPORT AND 01/26/2026 E 10-125-210-000-000 2,949.19
2,949.19
2,949.19
83430 03/05/2026 SAN BERNARDINO COUNTY FIRE GT426CC APR-JUN 2026 HOUSEHOLD HAZARDOUS 03/01/2026 E 10-187-258-000-000 5,471.51
5,471.51
5,471.51
83431 03/05/2026 SCA OF CA LLC CA25006627 FEB 2026 STREET SWEEPING SERVICES 02/28/2026 E 16-900-254-000-000 8,688.67
8,688.67
8,688.67
83432 03/05/2026 SO CAL LOCKSMITH 67974 KEYS FOR DOG PARK 02/24/2026 E 10-450-245-000-000 41.87
41.87 41.87
83433 03/05/2026 SUN E TEC 9332 PORTABLE TOILET RENTAL FOR BLUE 02/26/2026 E 10-120-220-200-000 335.00
335.00
335.00
Invoice #
Check Register
CITY OF GRAND TERRACE
As of 3/31/2026
Check # Date Vendor Invoice Description Inv. Date Amount Paid Check Total
MAINTENANCE CENTER, PARKS, AND SENIOR CENTER
DUES
PARK
CITY HALL
CENTER
ROLLINS PARK
83434 03/05/2026 SUPERIOR BUILDING 10725 MAR 2026 JANITORIAL SERVICES FOR CIVIC 02/24/2026 E 10-195-245-000-000 3,378.00
E 10-450-245-000-000 1,922.00
E 10-805-245-000-000 1,708.00
7,008.00
7,008.00
83435 03/05/2026 T MOBILE FEB26 FEB 2026 BACKUP INTERNET SERVICE 02/20/2026 E 10-380-250-000-000 33.35
33.35 33.35
83436 03/05/2026 TEAMSTERS LOCAL 1932 055 MAR 2026 EMPLOYEE PAID MEMBERSHIP 02/17/2026 B 10-022-72-00 780.46
780.46
780.46
83437 03/05/2026 TERMINIX 469038058 FEB 2026 GOPHER CONTROL FOR GRIFFIN 02/17/2026 E 10-450-245-000-000 208.00
208.00
469038042 FEB 2026 PEST CONTROL SERVICES - 02/17/2026
E 10-195-245-000-000 138.00
138.00
469033761 FEB 2026 PEST CONTROL SVCS FOR SENIOR 02/17/2026 E 10-805-245-000-000 133.00
133.00
469038266 FEB 2026 GOPHER CONTROL FOR RICHARD 02/17/2026 E 10-450-245-000-000 102.00
102.00
TMOBILE
Invoice #
Check Register
CITY OF GRAND TERRACE
As of 3/31/2026
Check # Date Vendor Invoice Description Inv. Date Amount Paid Check Total 469038240
PARK
MAINTENANCE FEE
COST
SERVICES FOR PUBLIC WORKS
DUTCH BROS
469038224 FEB 2026 GOPHER CONTROL FOR DOG PARK 02/17/2026 E 10-450-245-000-000 102.00
102.00
FEB 2026 GOPHER CONTROL FOR POCKET 02/17/2026
E 10-450-245-000-000 88.00
88.00 771.00
83438 03/05/2026 UNDERGROUND SERVICE ALERT 220260330 MAR 2026 MONTHLY DATABASE 03/01/2026 E 16-900-220-000-000 162.65
162.65
25-262842 MAR 2026 CA STATE FEE FOR REGULATORY 03/01/2026 E 16-900-220-000-000 46.43
46.43 209.08
83439 03/05/2026 WILLDAN 00423501 JAN 2026 PLAN CHECK/INSPECTION 02/20/2026 E 10-175-250-020-000 6,864.00
6,864.00
00423075 NOV 2025 PLAN CHECKING SERVICES FOR 12/12/2025 B 23-515-81-00 1,632.00
1,632.00
8,496.00
83440 03/19/2026 A STORAGE PLACE 04/01/2026 - APR 2026 RENT FOR UNIT B15 03/17/2026 E 10-140-241-000-000 240.00
240.00
240.00
B15
Invoice #
Check Register
CITY OF GRAND TERRACE
As of 3/31/2026
Check # Date Vendor Invoice Description Inv. Date Amount Paid Check Total
MONITORING
HOUSING GROUP, LLC
103809
SPECIFIC PLAN
INSURANCE
83441 03/19/2026 ADT SECURITY SERVICES 1198477924 MAR-APR 2026 SENIOR CENTER SECURITY 02/27/2026 E 10-805-245-000-000 116.55
116.55
116.55
83442 03/19/2026 ALESHIRE AND WYNDER LLP 103810 FEB 2026 LEGAL SERVICES - GENERAL 03/15/2026 E 10-160-250-000-000 10,670.00
10,670.00
103813 FEB 2026 LEGAL SERVICES - COMMUNITY 03/15/2026
E 10-160-250-100-000 1,675.45
1,675.45
FEB 2026 LEGAL SERVICES FOR BRSP 03/15/2026
B 23-515-59-00 1,571.90
1,571.90
103811 FEB 2026 LEGAL SERVICES - PERSONNEL 03/15/2026
E 10-160-250-100-000 360.10
360.10
104396 FEB 2026 LEGAL SERVICES FOR GATEWAY 03/15/2026
B 23-515-90-00 208.20
208.20
14,485.65
83443 03/19/2026 AMERITAS LIFE INSURANCE CORP MAR 2026 MAR 2026 EMPLOYEE PAID DENTAL 03/01/2026 B 10-022-70-00 918.48
918.48
918.48
83444 03/19/2026 AT AND T MAR 2026 MAR 2026 AT&T 03/01/2026 E 10-190-235-000-000 240.75
E 10-450-235-000-000 704.35
E 10-805-235-000-000 1,371.17
2,316.27
2,316.27
AT&T
Invoice #
Check Register
CITY OF GRAND TERRACE
As of 3/31/2026
Check # Date Vendor Invoice Description Inv. Date Amount Paid Check Total
YARD SALE SIGNS
PROCESSING JAN 2026
FOR JAN 2026
INSURANCE
83445 03/19/2026 STEVEN BANNOW 03182026 REFUND YARD SALE SIGN DEPOSIT FOR (4) 03/18/2026 B 23-515-22-00 40.00
40.00 40.00
83446 03/19/2026 CHAMPION FIRE SYSTEMS INC 79242 FIRE ALARM SERVICE CALL AT CITY HALL 03/12/2026 E 10-195-246-000-000 995.00
995.00
995.00
83447 03/19/2026 CHARTER COMMUNICATIONS 234703801030126 CITY HALL ELEVATOR PHONE - MAR 2026 03/01/2026 E 10-195-246-000-000 46.08
46.08 46.08
83448 03/19/2026 CHRISTINE CURRY 0241 SIGN FOR SENIOR CENTER ENTRANCE 03/09/2026 E 10-805-245-000-000 725.00
725.00
725.00
83449 03/19/2026 DATA TICKET INC 189704 GRAND TERRACE - CODE ENFORCEMENT 02/24/2026 E 10-185-255-000-000 977.00
977.00
190130 GRAND TERRACE - STREET SWEEPING 02/24/2026
E 10-140-255-000-000 73.82
73.82 1,050.82
83450 03/19/2026 DENTAL HEALTH SERVICES 2550572 APR 2026 EMPLOYEE PAID DENTAL 03/16/2026 B 10-022-70-00 157.20
157.20
157.20
Invoice #
Check Register
CITY OF GRAND TERRACE
As of 3/31/2026
Check # Date Vendor Invoice Description Inv. Date Amount Paid Check Total RICHARD ROLLINS PARK 03/14/2026
RICHARD ROLLINS PARK 03/15/2026
PRESTON TO COLTON
MT VERNON TO COLTON
AND VIVIENDA FROM CANAL TO TERRACE DR
NEWPORT TO MT VERNON
83451 03/19/2026 CORIE DOWNS 03182026 REFUND RESERVATION DEPOSIT FOR 03/18/2026 B 23-515-22-00 50.00
50.00 50.00
83452 03/19/2026 DUNN EDWARDS CORP 2018A54021 PAINT SUPPLIES FOR CITY PARKWAYS 02/27/2026 E 10-175-244-000-000 313.31
313.31
2018A53883 RED CURB PAINT FOR CITY PARKWAYS 02/25/2026
E 10-175-244-000-000 22.58
22.58 335.89
83453 03/19/2026 TONYA ESPINOZA 03182026 REFUND RESERVATION DEPOSIT FOR 03/18/2026 B 23-515-22-00 50.00
50.00 50.00
83454 03/19/2026 EZ SUNNYDAY LANDSCAPE 10331 WEED ABATEMENT ON BARTON FROM 03/09/2026 E 10-175-244-000-000 1,050.00
1,050.00
10332 WEED ABATEMENT ON VISTA GRANDE FROM 03/09/2026
E 10-175-244-000-000 980.00
980.00
10349 WEED ABATEMENT ON GRAND TERRACE RD 03/12/2026
E 10-175-244-000-000 950.00
950.00
10333 WEED ABATEMENT ON CANAL FROM 03/04/2026
E 10-175-244-000-000 575.00
575.00
3,555.00
Invoice #
Check Register
CITY OF GRAND TERRACE
As of 3/31/2026
Check # Date Vendor Invoice Description Inv. Date Amount Paid Check Total
PROGRAM
FAMILY TRUST
SERVICE FOR THE SENIOR CENTER
SERVICE FOR SENIOR CENTER
HEARING PAGE 2
HEARING PAGE 1
83455 03/19/2026 FAMILY SERVICE ASSOCIATION 2-2026-300604 FEB 2026 CDBG SENIOR CENTER NUTRITION 03/01/2026 E 22-425-305-000-000 464.60
464.60
464.60
83456 03/19/2026 FASTSIGNS SAN BERNARDINO INV-26453 DOG PARK CLOSURE SIGNS 03/11/2026 E 10-450-245-000-000 126.08
126.08
126.08
83457 03/19/2026 FENNEMORE CRAIG PC 1348512 FEB 2026 LEGAL SERVICES FOR PETTA 03/16/2026 E 10-160-250-100-000 4,270.00
4,270.00
4,270.00
83458 03/19/2026 FIREMASTER 0001405758 FY2025-26 SEMI-ANNUAL GREASE CLEANING 02/26/2026 E 10-805-245-000-000 975.00
975.00
0001405759 FY2025-26 SEMI-ANNUAL KITCHEN HOOD 02/26/2026 E 10-805-245-000-000 804.03
804.03
1,779.03
83459 03/19/2026 GRAND TERRACE CITY NEWS 20814 GT 03.12.2026 CITY AD: MBI REVISED 03/10/2026 E 10-370-230-000-000 582.75
582.75
20813 GT 03.12.2026 CITY AD: MBI REVISED 03/10/2026
E 10-370-230-000-000 416.25
416.25
Invoice #
Check Register
CITY OF GRAND TERRACE
As of 3/31/2026
Check # Date Vendor Invoice Description Inv. Date Amount Paid Check Total
PROJECT
2ND READING
2ND READING
2ND READING
ON ROYAL ST
MAINTENANCE SHOP, EOC ROOM, MAINT TRUCK, AND PARK
20505 GT 02.12.2026 CITY AD: TRAFFIC SIGNAL 02/05/2026
E 10-175-230-000-000 266.40
266.40
20738 GT 03.05.2026 CITY AD: ORD 373 03/02/2026
E 10-125-230-000-000 147.60
147.60
20739 GT 03.05.2026 CITY AD: ORD 374 03/02/2026
E 10-125-230-000-000 140.88
140.88
20737 GT 03.05.2026 CITY AD: ORD 372 03/02/2026
E 10-125-230-000-000 113.92
113.92
1,667.80
83460 03/19/2026 HOME DEPOT CREDIT SERVICE 4902574 SUPPLIES FOR FENCE REPLACEMENT 02/11/2026 E 10-175-244-000-000 284.72
284.72
7903470 SUPPLIES FOR FENCE REPAIR, 02/18/2026
E 10-175-218-000-000 78.22
E 10-175-244-000-000 21.44
E 10-175-272-000-000 5.41
E 10-450-245-000-000 50.47
E 10-808-220-000-000 10.85
166.39
2460302 TOTES FOR CHRISTMAS LIGHT STORAGE 02/03/2026
E 10-190-210-000-000 102.70
102.70
Invoice #
Check Register
CITY OF GRAND TERRACE
As of 3/31/2026
Check # Date Vendor Invoice Description Inv. Date Amount Paid Check Total
ROYAL ST
5624420
PARK
ROYAL ST
PHOTOCOPIERS
3902717 SUPPLIES FOR FENCE REPLACEMENT ON 02/11/2026
E 10-175-244-000-000 85.89
85.89 MAINTENANCE SUPPLIES FOR FREEDOM 02/10/2026
E 10-450-245-000-000 69.92
69.92 9274678 TOOLS FOR MAINTENANCE SHOP 02/26/2026
E 10-175-218-000-000 54.32
48.03 811.97
54.32 4902575 SUPPLIES FOR FENCE REPLACEMENT ON 02/11/2026 E 10-175-244-000-000 48.03
83462 03/19/2026 IMAGE MATTERS INV-088804 WELCOME MAT FOR SENIOR CENTER 03/06/2026 E 10-805-219-000-000 1,014.00
1,014.00
1,014.00
83463 03/19/2026 KONICA MINOLTA 48746295 MAR-APR 2026 RENT FOR (2) 03/02/2026 E 10-190-700-000-000 260.32
260.32
260.32
Invoice #
Check Register
CITY OF GRAND TERRACE
As of 3/31/2026
Check # Date Vendor Invoice Description Inv. Date Amount Paid Check Total
AC ZONING CHANGE PROPOSAL
FOR VIVIENDA CARE FACILITY
INSURANCE
83464 03/19/2026 LINCOLN NATIONAL LIFE LCLN APR 2026 APR 2026 LIFE/AD&D/DEP LIFE/WI/LTD 04/01/2026 B 10-022-66-00 1,274.52
E 10-120-142-000-000 66.04
E 10-125-142-000-000 23.71
E 10-140-142-000-000 54.27
E 10-172-142-000-000 10.34
E 10-175-142-000-000 44.86
E 10-185-142-000-000 22.04
E 10-370-142-000-000 31.65
E 10-450-142-000-000 21.91
E 16-175-142-000-000 10.95
E 22-425-142-000-000 11.25
E 52-400-142-000-000 2.39
E 65-425-142-000-000 21.42
1,595.35
1,595.35
83465 03/19/2026 LOMA LINDA HEAT AND A C INC 20717212 MAINTENANCE FOR A/C SYSTEM AT CITY HALL 02/23/2026 E 10-195-257-000-000 1,275.00
1,275.00
1,275.00
83466 03/19/2026 LYNN MERRILL AND ASSOCIATES 26-6 FEB 2026 NPDES SUPPORT SERVICES 03/10/2026 E 10-625-255-000-000 48.96
48.96 48.96
83467 03/19/2026 MERCURY MAILING SYSTEMS INC 44255 PRINTING AMD MAILING OF NOTICES FOR 97 03/13/2026 E 10-370-230-000-000 2,243.31
2,243.31
2,243.31
83468 03/19/2026 MICHAEL BAKER INTERNATIONAL 1280016 JUN-JUL 2025 PROFESSIONAL SERVICES 03/13/2026 B 23-520-04-00 543.62
543.62
543.62
Invoice #
Check Register
CITY OF GRAND TERRACE
As of 3/31/2026
Check # Date Vendor Invoice Description Inv. Date Amount Paid Check Total
AND SENIOR CENTER
RENTAL
83469 03/19/2026 MIDAMERICA ADMIN RETIREMENT PAYDATE PAYDATE 03192026 ARS RETIREMENT 03/19/2026 B 10-022-68-00 268.31
268.31
PAYDATE PAYDATE 02192026 ARS RETIREMENT 02/19/2026
B 10-022-68-00 256.58
256.58
PAYDATE PAYDATE 03052026 ARS RETIREMENT 03/05/2026
B 10-022-68-00 255.21
255.21
780.10
83470 03/19/2026 ODP BUSINESS SOLUTIONS LLC 460867960001 OFFICE SUPPLIES FOR BUILDING & SAFETY 02/26/2026 E 10-172-210-000-000 27.57
27.57 27.57
83471 03/19/2026 ON SITE COMPUTING 54005242 APR 2026 IT SERVICES 03/01/2026 E 10-380-250-000-000 10,983.34
10,983.34
10,983.34
83472 03/19/2026 PACIFIC PRODUCTS AND SERVICES 37686 TRAFFIC SIGN REPLACEMENTS 02/24/2026 E 10-175-244-000-000 152.25
152.25
152.25
83473 03/19/2026 PRIMO BRANDS 06C8710353697 FEB 2026 WATER SERVICES FOR CITY HALL 03/06/2026 E 10-190-238-000-000 250.30
E 10-805-238-000-000 136.77
387.07
06C8710047048 FEB 2026 WATER FILTRATION SYSTEM 03/06/2026 E 10-190-238-000-000 53.28
53.28 440.35
02192026 ARS
03052026 ARS
03192026 ARS
Invoice #
Check Register
CITY OF GRAND TERRACE
As of 3/31/2026
Check # Date Vendor Invoice Description Inv. Date Amount Paid Check Total
DEVELOPMENT
FOR 97 AC ZONING CHANGE PROPOSAL
YARD SALE SIGNS
RICHARD ROLLINS PARK 03/07/2026
FITNESS PARK 02/28/2026
83474 03/19/2026 Q3 CONSULTING 39972 JAN 2026 STORM DRAIN MASTER PLAN 02/28/2026 E 10-631-255-000-000 12,057.50
12,057.50
12,057.50
83475 03/19/2026 RADIUS MAPS 26057 PREPARATION OF PUBLIC NOTICES STUDY 03/06/2026 E 10-370-230-000-000 4,250.00
4,250.00
4,250.00
83476 03/19/2026 DORA RUIZ 03172026 REFUND YARD SALE SIGN DEPOSIT FOR (3) 03/17/2026 B 23-515-22-00 30.00
30.00 30.00
83477 03/19/2026 CYNTHIA SANDOVAL 03182026 REFUND RESERVATION DEPOSIT FOR 03/18/2026 B 23-515-22-00 50.00
50.00 50.00
83478 03/19/2026 SB COUNTY SHERIFF 1800002217 MAR 2026 LAW ENFORCEMENT SERVICES 02/26/2026 E 10-410-255-000-000 3,056.25
E 10-410-256-000-000 209,959.59
E 14-411-256-000-000 16,204.16
229,220.00
229,220.00
83479 03/19/2026 DAISY SILVA 03182026 REFUND RESERVATION DEPOSIT FOR 03/18/2026 B 23-515-22-00 50.00
50.00 50.00
Invoice #
Check Register
CITY OF GRAND TERRACE
As of 3/31/2026
Check # Date Vendor Invoice Description Inv. Date Amount Paid Check Total
YARD SALE SIGNS
MAINTENANCE
MAINTENANCE
INC
83480 03/19/2026 SITEONE LANDSCAPE SUPPLY 163228149-001 SUPPLIES FOR WEED ABATEMENT 03/10/2026 E 10-175-244-000-000 815.05
815.05
163315568-001 IRRIGATION SUPPLIES FOR FREEDOM PARK 03/12/2026 E 10-450-245-000-000 175.20
175.20
990.25
83481 03/19/2026 DOUG SMITH 03182026 REFUND YARD SALE SIGN DEPOSIT FOR (5) 03/18/2026 B 23-515-22-00 50.00
50.00 50.00
83482 03/19/2026 SOCAL JCB 2026 18Z-1 MINI EXCAVATOR FOR PUBLIC WORKS 01/19/2026 E 10-175-900-000-000 24,999.99
24,999.99
24,999.99
83483 03/19/2026 SPARKLING CLEAN CAR WASH 820 CAR WASH FOR (1) CITY HALL VEHICLE 02/12/2026 E 10-175-272-000-000 16.00
16.00 16.00
83484 03/19/2026 ST FRANCIS ELECTRIC 22147794 FEB 2026 ROUTINE TRAFFIC SIGNAL 02/28/2026 E 16-510-255-000-000 557.55
557.55
22147795 FEB 2026 RESPONSE TRAFFIC SIGNAL 02/28/2026
E 16-510-255-000-000 270.00
270.00
827.55
Invoice #
Check Register
CITY OF GRAND TERRACE
As of 3/31/2026
Check # Date Vendor Invoice Description Inv. Date Amount Paid Check Total
PLATFORM RENEWAL
DUES
PARK
83485 03/19/2026 STERICYCLE INC 8013702771 FEB 2026 RECORDS DESTRUCTION 03/10/2026 E 10-125-250-000-000 168.33
168.33
168.33
83486 03/19/2026 SUNBELT RENTALS INC 180429893-0001 ATV RENTAL FOR BLUE MOUNTAIN HIKE 2026 03/03/2026 E 10-120-220-200-000 477.62
477.62
180780357-0001 TRAILER RENTAL FOR POLARIS PICKUP 03/03/2026 E 10-175-240-000-000 98.88
98.88 576.50
83487 03/19/2026 SUPERC AI INC 1092 FY2025-26 COMMUNITY CALENDAR 02/05/2026 E 10-120-250-000-000 9,740.00
9,740.00
9,740.00
83488 03/19/2026 TEAMSTERS LOCAL 1932 056 APR 2026 EMPLOYEE PAID MEMBERSHIP 03/17/2026 B 10-022-72-00 801.14
801.14
801.14
83489 03/19/2026 TERMINIX 469448239 FEB 2026 GOPHER CONTROL FOR PICO 02/17/2026 E 10-450-245-000-000 170.00
170.00
170.00
83490 03/19/2026 VERIZON WIRELESS 6136850515 ALPR CARD LINE CHARGES JAN-FEB 2026 02/23/2026 E 10-190-235-000-000 190.05
190.05
190.05
Invoice #
Check Register
CITY OF GRAND TERRACE
As of 3/31/2026
Check # Date Vendor Invoice Description Inv. Date Amount Paid Check Total
FOR BUILDING & SAFETY
VARIOUS DEVELOPERS
INSURANCE
03052026 PERS DATE 03/05/2026
83491 03/19/2026 WILLDAN 002-37415 FEB 2026 PLAN CHECK/ INSPECTION SVCS 03/03/2026 E 10-172-250-100-000 6,846.60
6,846.60
002-37416 FEB 2026 PLAN CHECKING SERVICES FOR 03/03/2026 B 23-510-69-00 135.00
B 23-520-10-00 135.00
270.00
7,116.60
710279 03/12/2026 SO CA GAS COMPANY FEB 2026 GAS SERVICE FEB 2026 GAS SERVICE 03/10/2026 E 10-190-238-000-000 310.61
E 10-805-238-000-000 272.37
582.98
582.98
947354 03/03/2026 AMERICAN FIDELITY ASSURANCE CO D947354 MAR 2026 - EMPLOYEE CANCER & ACCIDENT 03/01/2026 B 23-250-20-00 668.02
668.02
668.02
2710197 03/03/2026 AMERICAN FIDELITY ASSURANCE CO 2710197A MAR 2026 EMP PAID FLEX SPEND/DEP CARE 02/04/2026 B 23-250-10-00 441.65
441.65
441.65
18178157 03/17/2026 PUBLIC EMPLOYEES RETIREMENT PAYDTE RETIREMENT CONTRIBUTIONS FOR PAY 03/05/2026 B 10-022-62-00 13,010.41
13,010.41
13,010.41
Invoice #
Check Register
CITY OF GRAND TERRACE
As of 3/31/2026
Check # Date Vendor Invoice Description Inv. Date Amount Paid Check Total SYSTEM HPERS ACH 1003232539
03052026 457 CONFIRM #1003243888
18213817 03/02/2026 CA PUB EMPLOYEES RETIRE 03012026 MAR 2026 PERS HEALTH INSURANCE 03/01/2026 B 10-022-61-00 3,554.69
E 10-120-142-000-000 4,276.66
E 10-125-142-000-000 1,888.72
E 10-140-142-000-000 2,807.49
E 10-172-142-000-000 969.95
E 10-175-142-000-000 3,879.81
E 10-185-142-000-000 1,939.91
E 10-190-142-000-000 5,837.55
E 10-370-142-000-000 918.77
E 10-450-142-000-000 1,939.91
E 16-175-142-000-000 969.95
E 22-425-142-000-000 918.77
E 65-425-142-000-000 969.95
30,872.13
30,872.13
18245734 03/17/2026 CALPERS 457 PLAN PAYDATE EFT PAYMENT CALPERS ACH 03/05/2026 B 10-022-63-00 2,800.00
2,800.00
2,800.00
36325786 03/05/2026 SO CA EDISON COMPANY FEB 2026 FEB 2026 EDISON 03/01/2026 E 10-190-238-000-000 5,398.57
E 10-450-238-000-000 4,522.06
E 16-510-238-000-000 8,060.88
E 26-600-238-000-000 79.56
E 26-601-238-000-000 64.64
E 26-602-238-000-000 89.51
E 26-603-238-000-000 14.92
E 26-604-238-000-000 70.82
E 26-605-238-000-000 71.50
E 65-425-700-000-000 174.69
18,547.15
18,547.15
EDISON
Invoice #
Check Register
CITY OF GRAND TERRACE
As of 3/31/2026
Check # Date Vendor Invoice Description Inv. Date Amount Paid Check Total 111131180 03/06/2026 WEX BANK 111131180 FEB-MAR 2026 VEHICLE FUEL CHEVRON 03/06/2026 E 10-175-272-000-000 1,368.34
E 10-185-272-000-000 342.36
1,710.70
1,710.70
Invoice #
Check Register
CITY OF GRAND TERRACE
As of 3/31/2026
Check # Date Vendor Invoice Description Inv. Date Amount Paid Check Total 414773526 03/12/2026 US BANK FEB2026 FEB-MAR 2026 CAL CARD CHARGES 03/06/2026 E 10-110-270-000-000 CONFERENCE 1,149.18
E 10-120-210-000-000 OFFICE SUPPLIES 366.01
E 10-120-220-000-000 MTRLS & SUPPLIES 132.53
E 10-120-220-200-000 CITY EVENTS 1,595.92
E 10-120-265-000-000 SUBSCRIPTIONS 20.00
E 10-120-270-000-000 CONFERENCE 66.95
E 10-125-210-000-000 OFFICE SUPPLIES 40.95
E 10-125-220-000-000 MTRLS & SUPPLIES 9.39
E 10-125-265-000-000 SUBSCIPTIONS 15.00
E 10-125-270-000-000 CONFERENCE 771.70
E 10-140-210-000-000 OFFICE SUPPLIES 53.86
E 10-140-270-000-000 CONFERENCE 1,725.94
E 10-172-210-000-000 OFFICE SUPPLIES 159.90
E 10-175-210-000-000 OFFICE SUPPLIES 325.02
E 10-175-218-000-000 SMALL TOOLS -59.81
E 10-175-219-000-000 UNIFORMS 107.00
E 10-175-244-000-000 CITY PARKWAYS 1,348.76
E 10-175-246-000-000 MTRLS & SUPPLIES 173.92
E 10-175-265-000-000 SUBSCRIPTIONS 170.00
E 10-175-270-000-000 CONFERENCE 519.00
E 10-175-272-000-000 VEHICLE MAINT 1,598.96
E 10-185-210-000-000 OFFICE SUPPLIES 45.37
E 10-185-219-000-000 SMALL TOOLS 24.98
E 10-185-265-000-000 SUBSCRIPTIONS 150.00
E 10-190-210-000-000 OFFICE SUPPLIES 145.07
E 10-190-220-000-000 MTRLS & SUPPLIES 230.63
E 10-190-265-000-000 SUBSCRIPTIONS 149.90
E 10-190-272-000-000 VEHICLE MAINT 254.21
E 10-195-245-000-000 MTRLS & SUPPLIES 531.63
E 10-370-220-000-000 MTRLS & SUPPLIES 9.98
E 10-450-245-000-000 MTRLS & SUPPLIES 192.82
E 10-805-210-000-000 OFFICE SUPPLIES 145.77
E 10-808-220-000-000 MTRLS & SUPPLIES 1,403.35
E 65-425-220-000-000 MTRLS & SUPPLIES 214.16
E 65-425-272-000-000 VEHICLE MAINT 206.82
13,994.87
13,994.87
CAL CARD
Invoice #
Check Register
CITY OF GRAND TERRACE
As of 3/31/2026
Check # Date Vendor Invoice Description Inv. Date Amount Paid Check Total Christine Clayton, Finance Director
City of Grand Terrace
IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 37202, I HEREBY CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, THE AFORE LISTED
CHECKS FOR PAYMENT OF CITY LIABILITIES HAVE BEEN AUDITED BY ME AND ARE ACCURATE, NECESSARY AND APPROPRIATE EXPENDITURES FOR THE OPERATION OF THE CITY. I FURTHER CERTIFY, TO THE BEST OF MY KNOWLEDGE, THAT THE CITY HAS AVAILABLE FUNDS FOR PAYMENT THEREOF. 644841667 03/10/2026 VERIZON WIRELESS 6137364585 FEB-MAR 2026 MONTHLY PHONE CHARGES 03/01/2026 E 10-120-235-000-000 116.49
E 10-125-235-000-000 77.66
E 10-140-235-000-000 116.49
77.66 E 10-805-235-000-000 38.83
E 10-172-235-000-000 38.83
E 10-175-235-000-000 777.80
E 10-185-235-000-000 162.35
38.83 1,715.01
1,715.01
E 10-190-235-000-000 270.07
E 10-370-235-000-000
Total Checks: 571,008.15
E 65-425-235-000-000
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AGENDA REPORT
MEETING DATE: April 14, 2026
TITLE: Approve Check #83461 to Mayor Hussey in the amount of $419.20 from the March 2026 Check Register
PRESENTED BY: Christine Clayton, Finance Director
RECOMMENDATION: APPROVE CHECK #83461 TO MAYOR HUSSEY IN THE AMOUNT OF $419.20 FROM THE MARCH 2026 CHECK REGISTER
2030 VISION STATEMENT:
This staff report supports Goal #1, “Ensuring Our Fiscal Viability”, through the continuous monitoring of expenditure budgets, allocations, and operational costs.
BACKGROUND:
The check register for the month of March-2026 was prepared in accordance with Government Code §37202 and submitted to City Council at the April 14, 2026 meeting.
The check register lists all vendor payments for the respective month, along with a brief description of the type of goods or services purchased and the account code(s) associated with each payment. The check registers list all payments made to vendors and employee reimbursements during the month.
DISCUSSION:
The March 2026 check register is submitted to City Council on April 14, 2026 with the exception of check #83461 to Mayor Hussey for $419.20 to reimburse him for health insurance. The Mayor has to recuse himself from voting on this check, necessitating a separate vote to approve this expenditure.
ENVIRONMENTAL IMPACT:
N/A
FISCAL IMPACT:
The disbursement was made in accordance with the approved budget for Fiscal Year 2025-26.
CITY OF GRAND TERRACE
FY2025-26
GRAND TERRACE CIVIC CENTER
22795 BARTON ROAD GRAND TERRACE, CA 92313
CHECK REGISTER
Account Index
The Grand Terrace City Council meets on the Second Tuesday of each month at 6:00 pm.
City of Grand Terrace Check Register Index
Bill Hussey, Mayor
Michelle Sabino, Mayor Pro Tem
Doug Wilson, Council Member
Jeff Allen, Council Member
Matt Brown, Council Member
Fund Dept Acct
No. Fund Name No. Department Cost Center No. General Account Numbers 09 CHILD CARE FUND 110 CITY COUNCIL 110 SALARIES/WAGES
10 GENERAL FUND 120 CITY MANAGER 115 OVERTIME
11 STREET FUND 125 CITY CLERK 120 COUNCIL STIPENDS
12 STORM DRAIN FUND 140 FINANCE 138 MEDICARE / SUI
13 PARK FUND 160 CITY ATTORNEY 139 EMPLOYEES' BENEFIT PLAN 14 AB 3229 COPS FUND 172 BUILDING & SAFETY 140 RETIREMENT 15 AIR QUALITY IMPROVEMENT FUND 175 PUBLIC WORKS 142 HEALTH/LIFE INSURANCE 16 GAS TAX FUND 180 COMMUNITY EVENTS 143 WORKERS' COMPENSATION 17 TRAFFIC SAFETY FUND 185 RENTAL INSPECTION PROGRAM 210 OFFICE EXPENSE 18 TRANS. DEV. ACT (T D A FUND) 187 ENFORCEMENT PROGRAM 211 POSTAGE & MAILING 19 FACILITIES DEVELOPMENT FUND 190 NON-DEPARTMENTAL 220 SPECIAL DEPARTMENTAL EXP 20 MEASURE I FUND 195 FACILITIES MAINTENANCE 230 ADVERTISING 21 WASTE WATER DISPOSAL FUND 370 PLANNING & DEVELOPMENT SVCS 235 COMMUNICATIONS 22 COMMUNITY DEV. BLOCK GRANT 380 MGT INFORMATION SYSTEMS 238 UTILITIES 25 SPRING MOUNTAIN RANCH FUND 410 LAW ENFORCEMENT 240 RENTS & LEASES 26 LSCPG/ LGHTG ASSESSMENT DIST. 411 ASSET FORFEITURES 244 CUSTODIAL SERVICES 32 S/A CAPITAL PROJECTS FUND 430 RECREATION SERVICES 245 MAINT BLDG GRNDS EQUIPMNT 36 S/A 2011 TABS BOND PROCEEDS 441 CHILD CARE - NUTRITION GRANT 246 MAINT/OPER OF EQUIPMNT 45 CIP - COMMERCE WAY 445 CHILD CARE - TINY TOTS 250 PROFESSIONAL SERVICES 46 CIP - STREET IMPROVEMENTS 446 CHILD CARE - AFTER SCHOOL 251 BANKING SERVICE CHARGES 47 CIP - BARTON RD. BRIDGE PROJECT 447 CHILD CARE - PRE-SCHOOL 252 ROAD MAINTENANCE 48 CIP - CAPITAL PROJECTS FUND 450 PARKS MAINTENANCE 254 STREET SWEEPING 49 CIP - PARKS 461 COMMUNITY GRANTS 255 CONTRACTUAL SERVICES 50 CAPITAL PROJECT BOND PROCEEDS 500 AIR QUALITY PROGRAMS 256 ANIMAL SHELTERING SVCS 52 HOUSING AUTHORITY 510 STREET & SIGNAL LIGHTING 260 INSURANCE & SURETY BONDS 61 COMMUNITY BENEFITS FUND 573 LINE MAINTENANCE 265 MEMBERSHIPS & DUES 62 LIGHT UP GRAND TERRACE FUND 600 ZONE 1 13364 CANAL -TERR PINES 268 TRAINING 63 ILLEGAL FIREWORKS FUND 601 ZONE 3 TRACT 14471 PICO & ORIOLE 270 TRAVEL/CONFERENCES/MTGS 64 PUBLIC SAFETY FUND 602 ZONE 2 14264 FORREST CITY PHASE II 271 MILEAGE 65 SENIOR BUS PROGRAM FUND 603 ZONE 4 TRACT 17766 GREENBRIAR 625 NPDES 66 CAL RECYCLE GRANT 604 ZONE 5 TRACT 18793 PALOMINO 631 STORM DRAIN MAINTENANCE 67 PUBLIC EDUC & GOVT ACCESS (PEG) 605 ZONE 6 TRACT 18071 JADEN 801 PLANNING COMMISSION 68 40TH YR CELEBRATION FUND 606 ZONE 7 TRACT 18604 TESORO/VAN BUREN 804 HISTORICAL & CULTURAL COMM. 69 COMMUNITY DAY FUND 625 NPDES 311 FACILITY IMPROVEMENTS 70 FIXED ASSED/EQUIP REPL FUND 631 STORM DRAIN MAINTENANCE 570 WASTEWATER TREATMENT 73 ACTIVE TRANS PRGM (ATP) GRANT 700 CAPITAL OUTLAY 400 OTHER COMMUNITY GRANTS 74 HIGHWAY SFTY IMPV PRGM (HSIP) 705 EVERY 15 MINUTES 601 ELECTRICAL VEHICLE STATIONS 75 EMER MGMT PREP GRANT (EMPG) 801 PLANNING COMMISSION 700 COMPUTER EQUIPMENT 76 ENHANCED INFRA FIN DIST (EIFD) 804 HISTORICAL & CULTURAL COMMITTEE 701 CAPITAL IMPROVEMENT OTHER 77 SO CAL INCENTIVE PROJECT (SCIP) 805 SENIOR CITIZENS PROGRAM 705 VEHICLES 90 COVID-19 EMERGENCY FUND 808 EMERGENCY OPERATIONS PROG. 998 OVERHEAD COST ALLOCATION 95 DOG PARK ENDOWMENT FUND 999 TRANSFERS 999 TRANSFERS OUT
FY202 -2 GRAND TERRACE CIVIC CENTER 22795 BARTON ROAD GRAND TERRACE, CA 92313 CHECK REGISTER 83461 , Mayor , Mayor Pro Tem The Grand Terrace City Council meets on the Second Tuesday of each month at 6:00 pm.
Invoice #
419.20
Christine Clayton, Finance Director
City of Grand Terrace
419.20
MAR 2026 HEALTH REIMBURSEMENT 03/16/2026
Total Checks: 419.20
E 10-110-142-000-000 419.20
359.85
Check Register
CITY OF GRAND TERRACE
As of 03/31/2026
Vendor Invoice Description Inv. Date Amount Paid
IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 37202, I HEREBY CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, THE AFORE LISTED
CHECKS FOR PAYMENT OF CITY LIABILITIES HAVE BEEN AUDITED BY ME AND ARE ACCURATE, NECESSARY AND APPROPRIATE EXPENDITURES FOR THE OPERATION OF THE CITY. I FURTHER CERTIFY, TO THE BEST OF MY KNOWLEDGE, THAT THE CITY HAS AVAILABLE FUNDS FOR PAYMENT THEREOF.
Check # Date Check Total
83461 03/19/2026 WILLIAM HUSSEY MAR2026-BH
HLTH REIM
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AGENDA REPORT
MEETING DATE: April 14, 2026
TITLE: Authorization to Advertise the Planning Commission Member Term Expirations
PRESENTED BY: Daysi Alcocer, City Clerk
RECOMMENDATION: AUTHORIZE THE CITY CLERK TO ADVERTISE THE EXPIRING TERMS IN ACCORDANCE WITH THE CITY’S APPOINTMENT PROCESS 2030 VISION STATEMENT:
This action supports our Mission: To preserve and protect our community and its exceptional quality of life through thoughtful planning, within the constraints of fiscally responsible government.
BACKGROUND:
The Planning Commission is a five-member body appointed by the City Council and serves four-year terms at the pleasure of the City Council, pursuant to Grand Terrace Municipal Code Chapter 2.16.
The terms of the Planning Commission are staggered so that approximately every two (2) years, at least two (2) terms expire. Commission members are eligible to seek reappointment to the Planning Commission.
The following Planning Commission terms are scheduled to expire at the end of the current fiscal year:
Name of Appointee Date of
Appointment/Reappointment
Term Expiration
Edward Giroux, Chair 6/28/2022 6/30/2026
Aron Burian, Commissioner 6/28/2022 6/30/2026
Scot Mathis, Commissioner 6/28/2022 6/30/2026
DISCUSSION:
Staff is providing this informational report to let the City Council and the public know that Planning Commission terms will be expiring soon. With City Council approval, the City Clerk will advertise the vacancies following the City’s normal recruitment process, giving interested residents the opportunity to apply and ensuring an open and fair appointment process.
Recruitment efforts are anticipated to include:
• The City’s official website
• Posting at City Hall
• Publication in the City’s adjudicated newspaper
• Social media
Once approved by the City Council, the application period will open on April 15, 2026, and close on May 15, 2026. After the application period ends, staff will schedule interviews with all applicants at a special City Council meeting, to be end of May or in June 2026, as determined by staff. Following the interviews and subject to City Council approval, the Mayor will appoint three (3) commissioners.
ENVIRONMENTAL IMPACT:
None.
FISCAL IMPACT:
There is no additional fiscal impact associated with advertising Planning Commission vacancies.
Planning Commissioners receive a monthly stipend as currently authorized by City policy.
AGENDA REPORT
MEETING DATE: April 14, 2026
TITLE: Authorization to Advertise the Historical & Cultural Activities Committee Member Term Expirations
PRESENTED BY: Daysi Alcocer, City Clerk
RECOMMENDATION: AUTHORIZE THE CITY CLERK TO ADVERTISE THE EXPIRING TERMS IN ACCORDANCE WITH THE CITY’S APPOINTMENT PROCESS
2030 VISION STATEMENT:
This action supports our Mission: To preserve and protect our community and its exceptional quality of life through thoughtful planning, within the constraints of fiscally responsible government.
BACKGROUND:
The Historical & Cultural Activities Committee is a seven (7) member committee appointed by the Mayor, subject to City Council approval. Members are appointed to serve four-year terms at the pleasure of the City Council, with terms staggered so that approximately half of the appointments expire every two (2) years.
The following committee members' terms are scheduled to expire on June 30, 2026:
Name of Appointee Appointee Date of Appointment Term Expiration Daniel Torres At-Large 8/26/2025 6/30/2026
Stephanie Darwin At-Large 6/25/2024 6/30/2026
Jason Greeley Council Member Doug
Wilson
1/28/2025 6/30/2026
DISCUSSION:
To ensure continuity of service and maintain public awareness of upcoming vacancies, staff is providing this informational report to notify the City Council of the upcoming Historical & Cultural Activities Committee term expirations.
Upon City Council authorization, the City Clerk will advertise the expiring terms in accordance with the City’s standard recruitment practices. Advertising the vacancies allows interested residents the opportunity to apply and ensures a transparent and inclusive appointment process.
Recruitment efforts are anticipated to include:
• The City’s official website
• Posting at City Hall
• Publication in the City’s adjudicated newspaper
• Social media outreach
Once authorization to advertise is approved by the City Council, the application period will open on April 15, 2026, and close on May 15, 2026. Following the application period, completed applications will be presented to the City Council for consideration and appointment.
ENVIRONMENTAL IMPACT:
None.
FISCAL IMPACT:
None.
AGENDA REPORT
MEETING DATE: April 14, 2026
TITLE: Approval of an Annual Subscription Agreement with Gladwell Governmental Services, Inc. for Records Retention Schedule Maintenance and Updates PRESENTED BY: Daysi Alcocer, City Clerk
RECOMMENDATION: APPROVE AN ANNUAL SUBSCRIPTION AGREEMENT WITH GLADWELL GOVERNMENTAL SERVICES, INC. (GGS) FOR ONGOING
RECORDS RETENTION SCHEDULE MAINTENANCE AND UPDATES, IN
THE AMOUNT OF $500 ANNUALLY, WITH A ONE-TIME CATCH-UP
COST OF $1,000 TO BRING THE CITY’S RETENTION SCHEDULES
CURRENT WITH APPLICABLE STATE AND FEDERAL LAWS, AND
AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT
SUBJECT TO CITY ATTORNEY APPROVAL AS TO FORM
2030 VISION STATEMENT:
Consistent with the City’s 2030 Vision, this action supports a well-managed, transparent, and accountable local government by ensuring City records are lawfully maintained, responsibly managed, and accessible to protect the public interest, support efficient operations, and preserve the City’s institutional history.
BACKGROUND:
The City is required by California law to maintain legally compliant records retention schedules to ensure proper retention and lawful destruction of City records. Gladwell Governmental Services has historically assisted the City with records retention schedules and provides specialized expertise in municipal records management. Approval of this agreement will ensure the City’s records retention schedules remain current with changes in law and best practices on an ongoing basis.
California Government Code section 34090 requires cities to retain records for prescribed periods and authorizes destruction only when retention schedules are legally compliant and properly adopted.
Failure to maintain up-to-date retention schedules may expose the City to legal risk, audit findings, and improper destruction of records.
Gladwell Governmental Services, Inc. specializes in municipal records management and has provided records retention consulting services to over 200 California cities, counties, and special districts. The City’s records retention schedule has not been updated for approximately two years and requires a legal “catch-up” update to reflect changes in state and federal law.
Upon request, Gladwell submitted a proposal dated February 24, 2026, for an annual subscription service that includes legal review, updates, and ongoing assistance.
DISCUSSION:
The proposed Annual Records Retention Subscription includes:
• Annual legal review of state and federal law changes affecting records retention • Updates reflecting best practices from over 250 California municipal agencies • Updates provided in tracked-change format
• Assistance with approval documentation
• Updates to retention schedule indexes
• Unlimited telephone and email assistance for City staff (excluding video conference meetings) • Professional liability and errors & omissions coverage related to retention schedules.
The subscription operates on a July 1 – June 30 annual cycle and continues until canceled by the City. Because the City has not received updates in the past two years, Gladwell proposes a one-time catch-up update to bring the schedules fully current.
Maintaining an active subscription ensures that future legal changes are incorporated timely, supports City-wide consistency in records practices, and helps protect the City from compliance risks related to records retention and destruction.
ENVIRONMENTAL IMPACT:
None.
FISCAL IMPACT:
There are sufficient funds in the City Clerk's FY2025-26 budget to cover the onetime catch up fee of $1,000.00. Annual subscription cost beginning FY 2026-27 of $500 per year will be included in the budget each year.
1 AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN THE CITY OF GRAND TERRACE AND GLADWELL GOVERNMENTAL SERVICES, INC. FOR
PROFESSIONAL SERVICES
This CONTRACT SERVICES AGREEMENT (herein “Agreement”) is made and entered into this 14th day of April 2026, by and between the CITY OF GRAND TERRACE, a California municipal corporation (“City”) and GLADWELL GOVERNMENTAL SERVICES, INC., a California corporation (herein “Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.
1.3 California Labor Law. If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.
1.4 Licenses, Permits, Fees and Assessments. Consultant 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 the Agreement.
1.5 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.
2. COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum contract amount of Three Thousand Five Hundred Dollars and Zero Cents ($3,500.00) (“Contract Sum”), which consists of (i) an annual fee of
2 Five Hundred Dollars and Zero Cents ($500.00) for a period of five (5) years, totaling Two Thousand Five Hundred Dollars ($2,500.00), and (ii) a one-time flat fee of One Thousand Dollars and Zero Cents ($1,000.00) to bring existing records retention schedules up to date.
2.2 Invoices. Each month Consultant 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, Consultant shall be deemed to have certify compliance with all provisions of this 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. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant 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 Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant 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 Consultant for correction and resubmission. Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.3 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 (as defined below) to the Consultant, incorporating therein any adjustment in (i) the Contract Sum (or a portion of the compensation due to Consultant) for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Twenty-Five Thousand Dollars ($25,000) or in the time to perform of up to ninety (90) days may be approved by the City Manager. Any greater increases than Twenty-Five Thousand Dollars ($25,000), taken either separately or cumulatively, must be approved by the City Council. 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.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3 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 thirty (30) 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 Consultant, 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 Consultant 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 Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’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 five (5) years from the date hereof (“Term”), except as otherwise provided in the Schedule of Performance (as shown on Exhibit “D” attached hereto).
4. COORDINATION OF WORK
4.1 Representative of Consultant. Diane R. Gladwell is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith.
All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, and shall keep City informed of any changes.
4.2 Contract Officer. The City Manager, or such person as may be designated by the City Manager, is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Contract Officer”).
4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor
4 any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.
4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth.
Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant 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, or that it is a member of a joint enterprise with City.
5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages. Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its sole cost and 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. Consultant 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 $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including, without limitation, blanket contractual liability. 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. Consultant 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 Consultant arising out of or in connection with the 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. Consultant 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 Consultant 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. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified
5 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. Consultant 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. Consultant 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 Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant 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 Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss.
6 Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (g) Enforcement of Contract Provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant 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 Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. 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. Consultant 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 and automobile 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 by the City in writing.
(l) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’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 crossliability exclusions. (m) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the services who is brought onto or involved in the services by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant 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.
Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the services will be submitted to City for review.
7 (n) City’s Right to Revise Specifications. The City reserves the right at any time during the Term of this Agreement, to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. (o) Deductibles / Self-Insured Retentions. Any deductibles and selfinsured retentions must be declared to and approved by City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, it officers, officials, employees, agents and volunteers, or the Consultant shall provide a financial guarantee satisfactory to the city guaranteeing payment of losses and related investigations, claims administration and defense expense.
(p) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional Insurance. Consultant 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, Consultant 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 Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records. Consultant 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 and shall keep such records for a period of three years following completion of the
8 services hereunder. 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.
6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.
6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer. (b) Consultant 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 Consultant gives the City notice of such court order or subpoena.
(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify the City should Consultant 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 thereunder. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.
6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Moreover, Consultant 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.
7. ENFORCEMENT OF AGREEMENT AND TERMINATION
9 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. 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; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended or shortened, if circumstances warrant, as determined by the Contract Officer. The cure period may run concurrently with the termination period as provided in Section 7.4, if the option to cure is in the alternative to termination. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.
7.3 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, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.
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.
7.4 Termination Prior to Expiration of Term. This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Agreement 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 Consultant may determine.
Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant 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
10 accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation as shown on Exhibit “C”. 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.
7.5 Termination for Default of Consultant. If termination is due to the failure of the Consultant 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 Consultant 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 Consultant for the purpose of setoff or partial payment of the amounts owed the City as previously stated.
8. MISCELLANEOUS
8.1 Covenant Against Discrimination. Consultant 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.
Consultant shall take affirmative action to ensure 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
8.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, 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 Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.3 Notice. 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, California 92313, and in the case of the Consultant, 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.
8.4 Integration; Amendment. 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,
11 if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.
8.5 Severability. In the event that part of 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 portions 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.
8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. 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.
8.7 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 any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.
8.8 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.
8.9 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 in accordance with California Code of Regulations Title 2 Section 22003 (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.
12 8.10 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. Consultant 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. Consultant 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.
Consultant 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.
Consultant’s Authorized Initials ___________________
8.11 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 Appear on the Following Page]
13 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
By:
______________________________
Konrad Bolowich
City Manager
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
By:
_____________________________
Adrian R. Guerra
City Attorney
ATTEST:
By:
____________________________
Daysi Alcocer
City Clerk
CONSULTANT:
Gladwell Governmental Services, Inc.
By:
_____________________________________
Name: Diane R. Gladwell
Title: President
Email Address: [email protected]
Address: PO Box 62
1028 Tirol Lane
Lake Arrowhead, CA 92352-0062
By:
_____________________________________
Name: Robert Gladwell
Title: Corporate Secretary
Email Address: [email protected]
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 UNLESS EXECUTED UTILIZING DIGITAL SIGNATURE IN ACCORDANCE WITH CALIFORNIA CODE OF REGULATIONS TITLE 2 SECTION 22003. IN ADDITION, THE
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.
14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2026 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.
15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2026 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.
A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following services:
A. Legal review of all State and Federal Law and other Regulations, and “Best Practices” updates from over 250 other California municipal government agencies for the year (presented in “Track Change” format);
B. Additional routine changes requested by City employees (excludes major restructuring);
C. Approval forms and assistance;
D. Re-writing of the index to City schedules to reflect the changes made (excludes major restructuring);
E. Unlimited e-mail and telephone assistance / Q&A throughout the year (excludes Videoconference meetings); and
F. GGS’s Errors & Omissions and Professional Liability coverage to protect all records retention schedules.
II. As part of the services, Consultant will prepare and deliver the following tangible work products to the City:
A. Completed Retention Schedules before the end of each Fiscal Year.
III. In addition to the requirements of Section 6.2, during performance of the services, Consultant will keep the City updated of the status of performance by delivering status reports, which may be required by the City from time to time.
IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
V. Consultant will utilize the following personnel to accomplish the services:
A. City Manager
B. City Clerk
B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. A new section 5.1(g) (Cyber Liability Insurance) is hereby added to the Agreement to read in its entirety as follows:
(a) Cyber Liability Insurance. A policy of Cyber Liability insurance with limits of no less than $1,000,000 per occurrence/loss, which shall include the following coverage:
1. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information.
2. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems.
3. Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended.
4. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deeplinking or framing, and infringement or violation of intellectual property rights.
5. Liability arising from the failure to render professional services
6. If coverage is maintained on a claims-made basis, Consultant shall maintain such coverage for an additional period of three (3) years following termination of the contract.
All of the above policies of insurance shall be primary insurance. The general liability policy shall name the City, its officers, employees and agents (“City Parties”) as additional insureds and shall waive all rights of subrogation and contribution it may have against the City and the City Parties 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 also provide that said insurance may be not cancelled without providing ten (10) days prior written notice by registered mail to the City. In the event any of said policies of insurance are cancelled or amended, Consultant shall, prior to the cancellation or amendment date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until Consultant has provided City with Certificates of
01247.0001 2117773.1 4/9/2026
Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by City.
If the Consultant’s insurance policies have higher limits and coverage than those required by this contract, the City will have access to those higher limits and coverage maintained by the Consultant.
The 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 or The Key Rating Guide, 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 due to unique circumstances.
In the event that the Consultant is authorized to subcontract any portion of the work or services provided pursuant to this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to this Section 5.1.”
C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following services at the following rates:
DESCRIPTION RATE
A. Records Retention Schedule
Maintenance & Assistance
$500.00/Annual
B. Update Existing Record
Retention Schedules to
Comply with Current Law
and Best Practices for Cities
$1,000.00 Flat Fee
C. Videoconference Meetings $150.00/Hour
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 2.3.
III. 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 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.
IV. The total compensation for the services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.
D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. The term of this Agreement shall commence on the Effective Date and shall continue for a period of five (5) years. At the end of the initial term, this Agreement shall automatically renew for additional one (1) year periods unless otherwise terminated in accordance with the terms of this Agreement.
II. City may terminate this Agreement by providing written notice of its intent to cancel the Records Retention Subscription.
III. All confidentiality, intellectual property, ownership, limitation of liability, indemnity and limitation of warranty provisions contained in this Agreement shall survive upon the termination of this Agreement.
P.O. Box 62, 1028 Tirol Lane, Lake Arrowhead, CA 92352-0062 Voice: (909) 337-3516 ● Cell: (951) 288-7360 ● E-mail: [email protected] www.gladwellgov.org
PROPOSAL
ANNUAL SUBSCRIPTION – RECORDS RETENTION SCHEDULE MAINTENANCE &
ASSISTANCE
The Records Retention Subscription includes:
• Legal review of all State and Federal Law and other Regulations, and “Best Practices” updates from over 250 other California municipal government agencies for the year (presented in “Track Change” format),
• Additional routine changes requested by your employees (excludes major restructuring), • Approval forms and assistance,
• Re-writing of the index to your schedules to reflect the changes made (excludes major restructuring),
• Unlimited e-mail and telephone assistance / Q&A throughout the year (excludes Videoconference meetings).
• GGS's Errors & Omissions and Professional Liability coverage to protect all records retention schedules.
$500 a year (July 1 – June 30); Subscription continues until cancelled by the City.
Grand Terrace has not updated their records retention schedule for the past two years.
The “catch up” for the missed years of legal changes to bring the schedules current with law and best practices of other Cities:
$1,000 to bring the schedules current; includes all requests for changes in a manner which meets all current laws, mandates (and GGS's Errors & Omissions and Professional Liability coverage to protect all records retention schedules.)
Videoconference Meetings: $150/hour
February 24, 2026
AGENDA REPORT
MEETING DATE: April 14, 2026
TITLE: Award Concrete Rehabilitation at Various Locations (2) to Carter Enterprises Group, Inc.
PRESENTED BY: Kamran Dadbeh, City Engineer
RECOMMENDATION: FIND THAT THE CONCRETE REHABILITATION PROJECT (2) IS
CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION
15301(C) (EXISTING FACILITIES), AND
AUTHORIZE STAFF TO PREPARE AND FILE A NOTICE OF EXEMPTION AND;
APPROPRIATE AN ADDITIONAL $856.00 FROM 46-900-321-000-000 AND;
AWARD THE CONCRETE REHABILITATION PROJECT (2) TO CARTER ENTERPRISES, INC. OF YORBA LINDA BASED ON THE LOWEST
RESPONSIVE AND RESPONSIBLE BASE BID, AND APPROVE THE
PUBLIC WORKS AGREEMENT WITH CARTER ENTERPRISES, INC. IN THE AMOUNT OF $100,856; AND
AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT,
SUBJECT TO APPROVAL AS TO FORM BY THE CITY ATTORNEY
2030 VISION STATEMENT:
This staff report supports Goal #2: "Maintain Public Safety" of the 2030 Vision by investing in public infrastructure improvements that enhance community safety and accessibility.
BACKGROUND:
None.
DISCUSSION:
This Concrete Rehabilitation Project (2) will replace sidewalks at various locations (attached list) that have been uplifted by trees and do not provide a safe walkway for pedestrians.
A bid package which included construction plans, technical specifications, and bid documents were prepared and advertised for construction bids.
The project was advertised for bids and Bids were accepted until 9:00 a.m. on Monday March 30, 2026. The City Clerk received 7 timely bids as follow:
Carter Enterprises, Inc. Yorba Linda $100,856.00
Hardy & harper, Inc. $103,000.00
DM Contracting, Inc. , Colton $104,767.50
Martinez Concrete, Inc. $124,718.00
Horizon Underground, LLC $133,362.68
Eleazar General Engineering $171,903.00
No Limit Construction $298,003.00
Staff solicited proposals from Willdan for the inspection of the project.
Based upon the forgoing, Staff recommends that the City Council concur with staff’s recommendation.
ENVIRONMENTAL IMPACT:
Concrete projects are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Regulations Section 15301(c) because it relates to repair/maintenance of existing FISCAL IMPACT:
This project will be mainly funded by the additional appropriations from midyear, but does require additional appropriations of $856.00 and will be coded to account 46-900-321-000-000.
PW Agreement – Carter Enterprises Group, Inc. (Concrete Rehabilitation) April 14, 2026 1
AGREEMENT FOR PUBLIC WORKS SERVICES
By and Between
CITY OF GRAND TERRACE
and
CARTER ENTERPRISES GROUP, Inc.
PW Agreement – Carter Enterprises Group, Inc. (Concrete Rehabilitation) April 14, 2026 2
AGREEMENT FOR PUBLIC WORKS SERVICES
BETWEEN THE CITY OF GRAND TERRACE AND
CARTER ENTERPRISES GROUP
This AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into this 14th day of April, 2026 by and between the City of Grand Terrace, a California municipal corporation (“City”) and CARTER ENTERPRISES GROUP, Inc., a California corporation (“Contractor”). City and Contractor may sometimes be referred to herein, individually as a “Party” or collectively, as the “Parties.”
RECITALS
A. The City of Grand Terrace (“City”) is authorized to enter into this Agreement for a public project or maintenance work pursuant to Chapter 3.26 of the Grand Terrace Municipal Code (“GTMC”), which establishes bidding and contracting procedures in conformance with the Uniform Public Construction Cost Accounting Act (Public Contract Code section 22000 et seq.). The City solicited and received bids in accordance with the formal bidding procedures set forth in GTMC section 3.26.060, and the contract is awarded to the lowest responsible bidder as required by law.
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 and California state law, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of the services described herein and desire that the terms of that performance be as particularly defined and described herein.
E. Campaign Contributions: This Agreement is subject to Government Code section 84308 (commonly known as the Levine Act), as amended by Senate Bill 1439 (2022), Senate Bill 1181 (2024), and Senate Bill 1243 (2024); unless the contract is (1) competitively bid; (2) under $50,000; (3) amendments valued at more than 10 percent of the value of the contract or fifty thousand dollars ($50,000), whichever is less; and (4) labor contracts, in which case this provision does not apply. Contractor shall disclose any contribution to an elected or appointed City official’s campaign or committee in an amount of more than five hundred dollars ($500) made within 12 months preceding the Commencement Date, by Contractor, its, her, or his agent, or another party affiliated with Contractor. Contractor shall provide a signed copy of the attached Campaign Contribution Disclosure Form to City prior to, or concurrent with, Contractor's execution of this Agreement and no later than the Commencement Date.
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:
PW Agreement – Carter Enterprises Group, Inc. (Concrete Rehabilitation) April 14, 2026 3 ARTICLE 1. WORK OF CONTRACTOR
1.1 Scope of Work.
Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specification and requirements set forth in the Project Documents for the Project (as each such terms are defined below), in compliance with all terms and conditions of this Agreement, and as described 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 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 Project Documents.
The Scope of Work shall include the proposal and any other documents submitted from Contractor to the City for the project entitled Concrete Rehabilitation at Various Locations (2) (the “Project”), including any documents or exhibits referenced therein (collectively, “Project Documents”), all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the Project 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 state law and DIR regulations.
Pursuant to Labor Code Section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. Contractor shall notify the City in writing immediately, and in no case more than twentyfour (24) hours, after receiving any information that Contractor’s or any of its subcontractors’ DIR registration status has been suspended, revoked, expired, or otherwise changed.
PW Agreement – Carter Enterprises Group, Inc. (Concrete Rehabilitation) April 14, 2026 4 (b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. (c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined 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 Sections 1810 and 1811. As required under Labor Code Section 1812, Contractor and each of its subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by them in connection with the work performed under the terms of this Agreement.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1½) times the basic rate of pay.
PW Agreement – Carter Enterprises Group, Inc. (Concrete Rehabilitation) April 14, 2026 5 (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 selfinsurance 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 _______________
Corey Kirschner
CEO
(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 be required to 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.
1.5 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) Pursuant to Public Contract Code Section 7104, 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 at the Project site, materially different from those indicated by information about the Project site made available to bidders prior to the deadline for
PW Agreement – Carter Enterprises Group, Inc. (Concrete Rehabilitation) April 14, 2026 6 submitting bids on the Project; or (iii) unknown physical conditions at the Project 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, the performance of any part of the work, the City 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 this 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 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 this 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 this Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed or corrected and any non-conforming construction or 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 this Agreement, or the Project Documents, 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 by the City for the Project, 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 requirements under this 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 any emergency condition or situation. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other subcontractors) 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,
PW Agreement – Carter Enterprises Group, Inc. (Concrete Rehabilitation) April 14, 2026 7 including, without limitation, redesign, repairs, and replacements comply with the requirements of this 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 or the Project Documents, 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.
1.9 Inspection by City.
In connection with the performance of this Agreement, the City shall have the authority to enter the worksite at any time for the purpose of identifying the existence of conditions, either actual or threatened, that may present a danger or hazard to any and all employees. The Contractor agrees that the City, in its sole authority and discretion, may order the immediate abatement of any and all conditions that may present an actual or threatened danger or hazard to any and all employees at the worksite Contractor acknowledges the provisions of Section 6400 of the Labor Code, which requires that employers shall furnish employment and a place of employment that is safe and healthful for all employees working therein. In the event the City identifies the existence of any condition that presents an actual or threatened danger or hazard to any or all employees at the worksite, the City is hereby authorized to order the immediate abatement of that actual or threatened condition pursuant to this Section.
The City may also, at its sole authority and discretion, issue an immediate stop work order to the Contractor to ensure that no employee working at the worksite is exposed to a dangerous or hazardous condition. Any stop work order issued by the City to the Contractor in accordance with the provisions of this section shall not give rise to any claim or cause of action for delay damages by the Contractor or the Contractor’s agents or subcontractors against the City.
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 to the work 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 $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days may be approved by the Contract Officer, provided that such increase does not materially
PW Agreement – Carter Enterprises Group, Inc. (Concrete Rehabilitation) April 14, 2026 8 affect the work in a manner or materially and detrimentally affect the interest of the City. 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 that is 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 the lowest current price for which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) Daily Reporting: If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes all 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 to payment for the work performed 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 Contractor Modifications.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Contractor Modifications” 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
PW Agreement – Carter Enterprises Group, Inc. (Concrete Rehabilitation) April 14, 2026 9 by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One Hundred Thousand Eight Hundred Fifty-Six Dollars and Zero Cents ($100,856.00) (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, 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 Finance Director and/or the Contract Officer. 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”, include a copy of Contractor’s certified payroll and proof that the certified payroll has been submitted to the DIR, 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 also submit a list of the prevailing wage rates for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor’s first invoice. 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
PW Agreement – Carter Enterprises Group, Inc. (Concrete Rehabilitation) April 14, 2026 10 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 the work performed by Contractor.
2.6 Retention.
City will deduct a five percent (5%) retention from all progress payments. In accordance with Public Contract Code Section 22300, which is hereby incorporated into this Agreement, City shall permit the substitution of securities for any moneys withheld by City to ensure performance under this Agreement. The retention held by the City shall be released within sixty (60) days after the date of completion of the work and the Project, as required by Government Code Section 7107. In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.
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 (“NTP”) by the Contract Officer and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the 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.
PW Agreement – Carter Enterprises Group, Inc. (Concrete Rehabilitation) April 14, 2026 11
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. If City finds that Contractor’s work does not meet the requirements and standards set forth in this Agreement, Contractor shall remedy any defects in the work at Contractor’s sole expense, following notice by the City. 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 on its behalf with respect to the work specified herein and make all decisions in connection therewith:
Corey Kirschner, 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 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
PW Agreement – Carter Enterprises Group, Inc. (Concrete Rehabilitation) April 14, 2026 12 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, or authority over, the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this 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 obligations to the City (as set forth below), 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.
PW Agreement – Carter Enterprises Group, Inc. (Concrete Rehabilitation) April 14, 2026 13 (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.
The Product and Completed Operations coverage under the policy shall extend a minimum of three (3) years after completion of the Project. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. The policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. The policy shall specifically provide for a duty to defend on the part of the insurer.
(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 the services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional Liability (errors & omissions) Insurance. Contractor shall maintain professional liability insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Builder’s Risk Insurance. Contractor shall maintain Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the Project and no coinsurance penalty provisions or provisional limit provisions. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; and (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Project site or any staging area. (f) Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy
PW Agreement – Carter Enterprises Group, Inc. (Concrete Rehabilitation) April 14, 2026 14 as “covered operations.” The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites. (g) 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. (h) Additional Insurance. Policies of such other insurance, as may be required in the Contractor Modifications in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (b) Duration of Coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the services hereunder by Contractor, its agents, representatives, employees or subcontractors.
(c) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (e) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
PW Agreement – Carter Enterprises Group, Inc. (Concrete Rehabilitation) April 14, 2026 15 (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 noncompliance 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 subconsultants, 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 consultants, subcontractors, and others engaged in the Project will be submitted to City for review. (n) City’s Right to Revise Specifications. The City reserves the right at any time during the term of this 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.
PW Agreement – Carter Enterprises Group, Inc. (Concrete Rehabilitation) April 14, 2026 16 (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, injuries or death of any person (including workers and the public), 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 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 (with legal counsel approved by City) 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; 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
PW Agreement – Carter Enterprises Group, Inc. (Concrete Rehabilitation) April 14, 2026 17 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.
Contractor’s obligations under this Section shall apply regardless of whether or not such claims or liabilities were caused in part or contributed to by the City or any Indemnified Parties.
In instances where City or its Indemnified Parties is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City.
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 persons furnishing labor and/or materials in connection with the work under this Agreement (“Payment Bond”).
Both the Performance Bond and Payment 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/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement. .
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. In addition, the insurance carrier must be currently authorized by the Insurance Commissioner to transact business of insurance or be on the List of Approved Surplus Line Insurers issued by the State of California. 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
PW Agreement – Carter Enterprises Group, Inc. (Concrete Rehabilitation) April 14, 2026 18 Contractor agrees that the minimum limits of the insurance policies and the bonds 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 the Contractor. Alternatively, the 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 the Contractor.
5.8 Release of Securities.
City shall release the Performance and Payment Bonds 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 for the Project has been finally 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 resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.
Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and
PW Agreement – Carter Enterprises Group, Inc. (Concrete Rehabilitation) April 14, 2026 19 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.
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
PW Agreement – Carter Enterprises Group, Inc. (Concrete Rehabilitation) April 14, 2026 20 deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under.
City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.
7.2 Disputes.
(a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant, in the sole and absolute discretion of the Project Manager.
During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on such invoices only when the default is cured to the satisfaction of the City. 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. Additionally, Section 9204 of the California Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. 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 nonbinding 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 and the intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code with respect to any such claims by Contractor. This Section shall be construed to be consistent with said statutes.
PW Agreement – Carter Enterprises Group, Inc. (Concrete Rehabilitation) April 14, 2026 21 For purposes of these procedures, the term “claim(s)” means a separate demand by the Contractor, after the City has denied Contractor’s timely and duly made request for payment for extra work and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to this Agreement and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
7.6 Legal Action.
In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
PW Agreement – Carter Enterprises Group, Inc. (Concrete Rehabilitation) April 14, 2026 22
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 One Thousand Dollars ($ 1,000) as liquidated damages for each working day of delay in the performance of any of the services 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. 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 nonterminating 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
PW Agreement – Carter Enterprises Group, Inc. (Concrete Rehabilitation) April 14, 2026 23 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 by the Parties.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 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.
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 this Agreement which effects his / her financial interest or the financial interest of any corporation, partnership or association in which he/her 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.
8.3 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.
PW Agreement – Carter Enterprises Group, Inc. (Concrete Rehabilitation) April 14, 2026 24
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. § 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 Rd., Grand Terrace, California 92313, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. All correspondence relating to this Agreement shall be serialized consecutively.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts 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 in accordance with California Code of Regulations Title 2 Section 22003 (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.
PW Agreement – Carter Enterprises Group, Inc. (Concrete Rehabilitation) April 14, 2026 25
9.4 Integration; Amendment.
This Agreement including the attachments hereto (and the documents incorporated herein) 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. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and this Agreement shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either Party, this Agreement shall forthwith be amended to make such insertion or correction/
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Contractor’s Authorized Initials ___________________
Corey Kirschner, CEO
PW Agreement – Carter Enterprises Group, Inc. (Concrete Rehabilitation) April 14, 2026 26
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 APPEAR ON THE FOLLOWING PAGE]
PW Agreement – Carter Enterprises Group, Inc. (Concrete Rehabilitation) April 14, 2026 27 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
By:
___________________________________
Konrad Bolowich
City Manager
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
By:
___________________________________
Adrian R. Guerra
City Attorney
ATTEST:
By:
___________________________________
Daysi Alcocer
City Clerk
CONTRACTOR:
CARTER ENTERPRISES GROUP, Inc., a California
corporation
By:
___________________________________
Name: Corey Kirschner
Title: CEO
Email: [email protected]
By:
___________________________________
Name: Anthony Steen
Title: President
Email: [email protected]
Address: 22711 La Palma Ave,
Yorba Linda, CA 92887
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 UNLESS
EXECUTED UTILIZING DIGITAL SIGNATURE IN ACCORDANCE WITH CALIFORNIA CODE OF REGULATIONS TITLE 2 SECTION 22003. IN ADDITION, THE 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.
01247.0001 2116434.2 4/8/2026 A-1
EXHIBIT “A”
SCOPE OF WORK
I. Contractor shall perform the following services:
(a) Mobilization
(b) Traffic Control
(c) Remove and Replace Sidewalk
(d) Install ADA Ramp
II. Brief description of the work to be performed:
Contractor shall initiate concrete rehabilitation by improving mobilization and traffic control, removing and replacing damaged sidewalk panels, and installing two ADA compliant ramps at various locations within the City of Grand Terrace, as identified in Attachment 1.
III. In addition to the requirements of Section 6.2, during performance of the work, Contractor will keep the City apprised of the status of performance by delivering status reports, as may be required by the City from time to time.
IV. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by 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; and shall observe and perform all traffic control safe protocols while working in the public right of way and upon any City facilities.
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EXHIBIT “B”
CONTRACT MODIFICATIONS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough.
None.
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates set forth in the Project Documents submitted as part of Contractor’s Proposal, and listed below:
II. A retention of five percent (5%) 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 in the Project Documents, and with the approval of the Contract Officer, funds may be shifted from one item’s subbudget to another so long as the Contract Sum is not exceeded per Section 2.1.
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.
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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 the Contract Sum, as provided in Section 2.1 of this Agreement.
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work timely and in accordance with plans and specifications as provided in Exhibit “A”.
II. Contractor shall perform all work timely and in accordance with a Project Schedule to be developed by Contractor and the Contract Officer and subject to written approval by the Contract Officer. All contracted work must be completed no later than June 30, 2026.
II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
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PERFORMANCE BOND
WHEREAS, the CITY OF GRAND TERRACE, (“City”), has awarded to Carter Enterprises Group, Inc. as Contractor (“Principal”), a Contract for the work entitled and described as follows: Concrete Rehabilitation at Various Locations (2) WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of One Hundred Thousand Eight Hundred Fifty-Six Dollars and Zero Cents ($100,856.00), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things stand and abide by, well and truly keep and perform all undertakings, terms, covenants, conditions, and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.
Executed on , 2026.
PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal)
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Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of
process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.
01247.0001 2116434.2 4/8/2026
PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF GRAND TERRACE, (“City”), has awarded to __________________________________, as Contractor (“Principal”), a Contract for the work entitled and described as follows: Concrete Rehabilitation at Various Locations (2).
WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of One Hundred Thousand Eight Hundred Fifty-Six Dollars and Zero Cents ($100,856.00), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery, used in, upon, for, or about the performance of the work to be done, or for any work or labor thereon of any kind; (2) for work performed by any of the persons named in Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract; and/or (4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.
Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.
01247.0001 2116434.2 4/8/2026
Executed on , 2026.
PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.
01247.0001 2116434.2 4/8/2026
WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Grand Terrace
Project: Concrete Rehabilitation at Various Locations (2) Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner.
The Company will give at least 30 days' written notice to the City and Engineer/Architect prior to any cancellation of said policy.
POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation:
Statutory Limits Under the Laws
of the State of California
Employers' Liability:
$_________________ Each Accident
$_________________ Disease - Policy Limit
$_________________ Disease - Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)
01247.0001 2116434.2 4/8/2026
Insurance Company Agent for Service
of Process in California:
Name
Agency
Street Number
City and State
Telephone Number
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed herein.
This is to certify that the policy has been issued to the named insured for the policy period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions of such policy.
NOTICE:
No substitution or revision to the above certificate form will be accepted. If the insurance called for is provided by more than one insurance company, a separate certificate in the exact above form shall be provided for each insurance company.
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ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard
01247.0001 2116434.2 4/8/2026
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager, City of Grand Terrace, 22795 Barton Rd., Grand Terrace, California 92313.
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □
12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
01247.0001 2116434.2 4/8/2026
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
01247.0001 2116434.2 4/8/2026
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard
01247.0001 2116434.2 4/8/2026
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Grand Terrace
22795 Barton Rd.
Grand Terrace, California 92313
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □
12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
01247.0001 2116434.2 4/8/2026
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 2026.
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
01247.0001 2116434.2 4/8/2026
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
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8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Grand Terrace
22795 Barton Rd.
Grand Terrace, California 92313
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
□ Following Form
□ Umbrella Liability
□
11. Applicable underlying coverages:
INSURANCE COMPANY POLICY NO. AMOUNT
12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:
13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
14. This is an □ occurrence or □ claims made policy (check one).
15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
01247.0001 2116434.2 4/8/2026
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 2026.
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Address District Dimensions Area
12736 Dickens Ct 1 13'x4' 52
12739 Sandberg Way1 26' x 4' 104
21983 Tanager St1 6x4 24
12728 Dickens Ct1 15x4 60
12736 Dickens Ct1 13x4 52
12729 Dickens Ct1 3x4 12
12718 Sanburg1 4x10 40
22359 Flamingo St.2 10' x 4' 40
12825 Vivienda Ave.2 2' x 4' 8
12842 Vivienda Ave 2 15' x 4' 60
22295 Ladera st2 10'x4' 40'
22160 Raven Way2 4x22 88
22122 Raven Way2 4x6 24
22120 Ladera2 4x10 40
12842 Vivienda 2 26x4, 15x4 164
22119 Flamingo St2 31x4 124
22129 Flamingo St2 4x4 16
12828 Darwin Ave2 40x4 160
12802 Darwin Ave2 15x4 60
22410 Flamingo 2 15x4 60
22361 Tanager St2 6x4 24
22424 Tanager2 6x4 24
22321 Raven Way2 6x4 24
22411 Raven Way2 4x13 52
22381 Raven Way2 7x4, 20x4 108
22391 Ladera St2 42x4 168
12710 Reed Ave2 4x3 12
12722 Reed Ave2 45x4 180
12742 Reed Ave2 4x4 16
12764 Reed Ave2 36x4 144
12761 Reed Ave2 4x4 16
12814 Reed Ave2 10x4 40
22294 Ladera St2 33x4 132
22303 Ladera St2 11x4 44
12859 Reed Ave2 4x3 12
12847 Reed Ave2 10x4 40
22244 Ladera St2 4x4 16
22245 Ladera St2 4x4 16
22255 Ladera St2 3x4 12
12833 Fremontia2 4x4 16
22262 Napa Ct2 24x4 96
12805 Fremontia2 3x4 12
12746 Fremontia Ave2 4x26 104
12834 Fremontia Ave2 4x3 12
12870 Fremontia Ave2 37x4 148
12744 Dutch Ave 3 12'x4' 48'
12727 Dutch Ave 3 4'x4' 16'
22805 Raven Way 3 17'x6' 102'
22765 Robin Way3 6'x3' 18'
22636 Flamingo St3 20x4 80
22616 Tanager St3 20x4 80
22626 Tanager St3 4x5 20
22610 Raven Way3 4x6 24
22536 Robin Way3 4x4 16
22677 Robin Way3 36x4 144
12510 Michigan St4 4x4 16
22215 Lark St.5 13'x4' 52
22311 Kentfield5 10'x6' 60
22225 Lark st 5 7'x5' 35
22167 Van Buren St5 4x4 16
22205 Lark St5 44x4 176
22167 Lark St5 4x4 16
22225 Lark St5 6x4 24
22242 Lark St5 4x4 16
Vivienda & Van Buren5 10x7 70
22275 Van Buren5 3x4, 3x4 24
12566 Reed Ave5 3x4 12
22264 Dove St5 3x6 x 3 54
12548 Reed Ave5 4x3 12
22311 Kentfield
5 21x6 126
22231 Emerald St5 9x6 54
12662 Thomas Ct5 3x4 12
22317 Van Buren5 26x4 104
22539 Kentfield Ave.6 8'x4' 32
22627 Kentfield Ave.6 11'x5' 55
22649 Kentfield Ave6 24'x3' 72
12523 Crane St6 4x3 12
22825 Kentfield6 4x3 12
22627 Kentfield6 16x4 64
12532 Warbler 6 4x4 16
22539 Lark St6 30x15 450
22535 Franklin St6 4x4 16
12488 Vivienda Ave8 3x4 12
12440 Cardinal Ct8 3x4 12
Willet and Deberry St8 4x7 21
12244 Mirado Ave8 3x4 12
22648 Desoto St8 2x3x4 24
22797 Finch St.9 2x4 8'
22797 Finch St9 10x4 40
22787 Finch St9 10x4 40
22796 Finch St9 35x4 140
22820 Finch St 9 10x4 40
22832 Finch St9 15x4 60
22844 Finch St9 2x2x4 16
22809 Finch St9 10x4 40
22985 Finch St9 3x4 12
22975 Finch St9 15x4 60
22840 Wren St9 15x4 60
22794 Wren St9 8x4, 3x4 44
12310 Whistler St9 2x2x4 16
12332 Whistler9 4x10 40
22775 Wren St9 4x6 24
12368 Whistler St9 2x48
12392 Whistler St9 25x4 100
22780 Cardinal St9 4x4 16
22700 Cardinal St9 10x4 40
22780 BlueBird St9 4x4 16
22409 Barton Rd. 11 13'x21' 273
22484 De Soto St. 11 4'x4' 16
22765 De Soto 12 4'x4' 16'
23009 Orangewood Ct 12 4x13 52
23044 Orangewood Ct 12 3x4 12
22959 Orangewood ct 12 5x6, 5x10 80
11911 Pascal Ave 14 4'x6' 24'
Total Square Feet 4777
ADA Ramps
Pascal & Van Buren ADA Ramp51
Van Buren & Reed ADA Ramp51
AGENDA REPORT
MEETING DATE: April 14, 2026
TITLE: Additional Appropriations for Diesel Generator using Equipment Replacement Fund
PRESENTED BY: Judith Garcia, Management Analyst
RECOMMENDATION: APPROVE ADDITIONAL APPROPRIATIONS OF $27,300 FROM THE
EQUIPMENT REPLACEMENT FUND FOR THE DIESEL GENERATOR
2030 VISION STATEMENT:
This staff report supports Goal #2: Invest in Critical Improvements to Infrastructure BACKGROUND:
On August 26, 2025, the City Council approved acceptance of the FY 2024 Emergency Management Performance Grant (EMPG) award in the amount of $13,608, along with a matching transfer from the City’s Equipment Replacement Fund, for a total project allocation of $27,216.
The City’s approved EMPG project consists of replacing the existing generator at City Hall to ensure uninterrupted power supply and operational continuity during emergencies. Currently, City Hall has a 15kW generator that has been out of service for the past seven years. Even when operational, the unit was undersized and not capable of powering the entire building; therefore, a like-for-like replacement was determined to be unsuitable. A larger generator is needed to power the entire facility, including designated warming and cooling centers that are critical for community support during emergency events.
The approved EMPG project therefore consists of replacing the existing unit with a larger generator that meets the operational needs of the building and strengthens the City’s overall emergency preparedness.
DISCUSSION:
A site visit and evaluation were conducted By Quinn Power Systems to determine the necessary power requirements for City Hall. Based on this assessment, it was recommended that a 200kW diesel generator would adequately meet the facility’s operational needs during emergencies. To move forward with the project, staff obtained three quotes as required by the EMPG program:
• Quinn Power Systems – $115,493.48
• Energy Systems Power Supply –$94,588.00
• Cummins – $134,975.35
Staff is recommending that council authorize the expenditure of $115,493.48 from the Equipment Replacement Fund and authorize the City Manager to execute a purchase order and all necessary documentation for the purchase of the Diesel Generator from Quinn Power Systems.
While Quinn Power Systems was not the lowest quote, staff recommends their selection based on the City’s ability to purchase under the Sourcewell cooperative contract, which identifies Quinn as a preferred vendor for generator equipment. It identifies Quinn/Caterpillar as the top-ranked proposer in the 2022 national evaluation for electrical energy power generation equipment. Quinn received high marks in areas critical to the City, including service capability, product breadth, warranty, and valueadded attributes. In particular, Quinn provides a five-year standby warranty, whereas other vendors offered only the standard two-year limited warranty.
Quinn Power Systems is also a local vendor, providing the City with the benefit of responsive, nearby support. In addition, the Quinn Riverside branch has offered to store the generator at no charge for up to three (3) months upon delivery, with the option to extend storage under a separate agreement if necessary. Together, the company’s proximity, extended warranty, proven industry reputation, strong evaluation results, and ability to meet the City’s operational needs make Quinn Power Systems the best overall choice for this project.
The purchase of the generator is Phase 1 of a larger project to improve City Hall’s critical infrastructure. Future phases will include the purchase of an automatic transfer switch (ATS) estimated at $20,000 and installation work, with costs estimated between $250,000 and $400,000 depending on Edison’s meter requirements and the City’s decision regarding meter relocation. Staff will return to Council with final specifications, installation details, and funding options. At this time, Council is being asked only to approve the purchase of the generator unit.
The diesel generator is currently in transit with an estimated delivery timeframe of May 2026. An extension request was submitted to the Office of Emergency Services Grants Administration for the EMPG grant but was ultimately denied to maintain compliance with program requirements and ensure eligibility for reimbursement, particularly amid concerns related to the ongoing FEMA shutdown and updated grant submittal deadline of March 31, 2026. As a result, the City proceeded with deobligation of the grant funds, therefore an additional $27,250 is needed to cover those funds.
ENVIRONMENTAL IMPACT:
This action does not meet the threshold of a project under CEQA and is exempt.
FISCAL IMPACT:
While only $13,608 was awarded through the EMPG grant, with the City providing a matching contribution of $13,608, a total of $27,216 was originally approved and set aside for this project. Due to the generator not arriving by the project completion deadline of March 31, 2026, the City has deobligated the EMPG grant funds. The current generator purchase cost of $115,493.48 exceeds the originally approved amount, and the City will need to appropriate the full purchase amount from the General Fund.
The expenditure will be coded to Fund 70, Equipment Replacement Fund Account #70-195-700-001- 000.
This replacement will provide a reliable power source for City Hall operations and community services
during outages and serves as Phase 1 of a larger infrastructure project. Future phases will require additional equipment and installation, and staff will return to Council with final specifications, funding options, and approval requests at a later date.
Project: City of Grand Terrace
Quotation: Q-404478-20250925–1854 Page 1
September 25, 2025
Prepared by
Steve Lee
Inside Sales Representative- PG
(949) 253-6037
[email protected]
We are pleased to provide you this quotation based on your inquiry. 200kW Diesel Generator(Sourcewell Pricing)
Item Description Qty
1 C200D6D, Diesel Genset, 60Hz, 200kW-IBC-208V 3Phase 1 200kW Diesel Generator(Sourcewell Pricing) SUB TOTAL: $31,714.29 Level 2 Enclosure/Fuel Tank Accessories
Item Description Qty
2 Level 2 Enclosure-400A 80% rated Circuit Breaker 1
3 Kit, Enclosure(SL2 Duct) 1
4 Batteries 2
5 Remote Emergency Stop Switch 1
6 Fuel System Kit-Spill Fill Box 5 Gallon, OFPV (C233) 1 7 Fuel Tank, Extension Kit-1 Normal, 2 Emergency, 12ft 1 8 Connector Kit for Remote Emergency Stop Switch 1
Level 2 Enclosure/Fuel Tank Accessories SUB TOTAL: $20,602.68 Passive DPF with Integrated 24Hr Fuel Tank and Mounting Frame Item Description Qty
9 Passive Diesel Particulate Filter 1
10 Integrated Mounting Frame with 24Hr Sub Base Fuel Tank 1 11 Delivery: Excludes offloading and installation 1
Passive DPF with Integrated 24Hr Fuel Tank and Mounting Frame SUB TOTAL: $82,658.38 Quote value does not include any tax.
EXCEPTIONS AND CLARIFICATIONS:
This quotation is based on customer provided generator specifications, no specification number provided. No single line provided.
Offloading, Installation, Air Quality Permits, Fuel, and Fuel for testing, NETA & 3rd party testing are to be provided by others.
Freight is included on this proposal to the first US destination.
We are providing a passive diesel particulate filter per spec. The DPF will be mounted on an integrated mounting frame/24hr fuel tank Providing Level 2 enclosure, rated 73dba @23feet
Providing base C200D6D with radiator for sourcewell price of $31,714.29. All other items such as enclosure, fuel tank, DPF, circuit breaker, battery, battery charger, OFPV, 5 gallon spill, vents etc are not under sourcewell pricing.
LEAD TIME:
TOTAL: $134,975.35
Project: City of Grand Terrace
Quotation: Q-404478-20250925–1854 Page 2
Submittals 4-6 weeks from receipt of PO
Generator is 15-17 weeks from receipt of approved submittals and order release for production, subject to extension (s) beyond our control.
Project: City of Grand Terrace
Quotation: Q-404478-20250925–1854 Page 3
Please feel free to contact me if you require any additional information; or if you have any further questions or concerns that I may be of assistance with.
Thank you for choosing Cummins.
Submitted by:
Richard Antunez
Richard Antunez
Senior Sales Executive - PG
(909) 936-0024
[email protected]
SUBMITTALS. An order for the equipment covered by this quotation will be accepted on a hold for release basis. Your order will not be released and scheduled for production until written approval to proceed is received in our office. Such submittal approval shall constitute acceptance of the terms and conditions of this quotation unless the parties otherwise agree in writing.
THERE ARE ADDITIONAL CONTRACT TERMS AND CONDITIONS ATTACHED TO THIS QUOTATION, INCLUDING LIMITATIONS OF WARRANTIES AND LIABILITIES, WHICH ARE EXPRESSLY INCORPORATED HEREIN. BY ACCEPTING THIS QUOTATION,
CUSTOMER ACKNOWLEDGES THAT THE CONTRACT TERMS AND CONDITIONS HAVE BEEN READ, FULLY UNDERSTOOD AND ACCEPTED.
Authorized Signature Date
Company Name
Printed Name & Title
Purchase Order No
<Rest of the page is intentionally left blank>
Project: City of Grand Terrace
Quotation: Q-404478-20250925–1854 Page 4
TERMS AND CONDITIONS FOR SALE OF POWER GENERATION EQUIPMENT These Terms and Conditions for Sale of Power Generation Equipment, together with the quote (“Quote”), sales order (“Sales Order”), and/or credit application (“Credit Application”) on the front side or attached hereto, are hereinafter collectively referred to as this “Agreement” and shall constitute the entire agreement between the customer identified in the Quote (“Customer”) and Cummins Inc. (“Cummins”) and supersede any previous representation, statements, agreements or understanding (oral or written) between the parties with respect to the subject matter of this Agreement. Customer shall be deemed to have made an unqualified acceptance of these Terms and Conditions and it shall become a binding agreement between the parties on the earliest of the following to occur: (i) Cummins’ receipt of Customer’s purchase order or purchase order number; (ii) Customer’s signing or acknowledgment of this Agreement; (iii) Cummins’ release of equipment to production pursuant to Customer’s oral or written instruction or direction; (iv) Customer’s payment of any amounts due to Cummins; or (v) any other event constituting acceptance under applicable law. No prior inconsistent course of dealing, course of performance, or usage of trade, if any, constitutes a waiver of, or serves to explain or interpret, the Terms and Conditions set forth in this Agreement. Electronic transactions between Customer and Cummins will be solely governed by the Terms and Conditions of this Agreement, and any terms and conditions on Customer’s website or other internet site will be null and void and of no legal effect on Cummins. In the event Customer delivers, references, incorporates by reference, or produces any purchase order or document, specifications, agreement (whether upstream or otherwise), or any other terms and conditions related thereto, then such specifications, terms, document, or other agreement: (i) shall be null and void and of no legal effect on Cummins, and (ii) this Agreement shall remain the governing terms of the transaction.
1. SCOPE. Cummins shall supply power generation equipment and any related parts, materials and/or services expressly identified in this Agreement (collectively, “Equipment”). No additional services, parts or materials are included in this Agreement unless mutually agreed upon by the parties in writing. A Sales Order for Equipment is accepted on a hold for release basis. The Sales Order will not be released and scheduled for production until written approval to proceed is received from Customer. A Quote is limited to the plans and specifications section specifically referenced in the Quote. No other sections shall apply. Additional requirements for administrative items may require additional costs. The Quote does not include off unit wiring, off unit plumbing, offloading, rigging, installation, exhaust insulation or fuel, unless otherwise stated and mutually agreed to in writing by the parties. Unless otherwise agreed by Cummins in writing, this Quote is valid for a maximum period of thirty (30) days from the date appearing on the first page of this Quote (“Quote Validation Period”). At the end of the Quote Validation Period, this Quote will automatically expire unless accepted by Customer prior to the end of the Quote Validation Period. The foregoing notwithstanding, in no event shall this Quote Validation Period be deemed or otherwise considered to be a firm offer period nor to establish an option contract, and Cummins hereby reserves its right to revoke or amend this Quote at any time prior to Customer’s acceptance.
2. SHIPPING; DELIVERY; DELAYS. Unless otherwise agreed in writing by the parties, Equipment shall be delivered FOB origin, freight prepaid to first destination. For consumer and mobile products, freight will be charged to Customer. Unless otherwise agreed to in writing by the parties, packaging method, shipping documents and manner, route and carrier and delivery shall be as Cummins deems appropriate. Cummins may deliver in installments. The purchase of Equipment is a “take or pay” obligation on the part of the Customer, such that Customer is absolutely and irrevocably required to accept and pay for the Equipment if delivery or pick-up of Equipment is delayed, deferred, or refused by Customer beyond thirty (30) days from the agreed upon delivery date. In the event Customer fails to take any or all shipments of Equipment ordered hereunder within thirty (30) days of the agreed upon delivery date, Cummins shall have the right to invoice the Customer and, upon Cummins’ sole discretion, Cummins may either: (i) deliver the Equipment to the location indicated on Customer’s purchase order (regardless of whether Customer elected to pick up the Goods at Cummins’ facility or otherwise indicated an alternate delivery method), and Customer shall assume all associated delivery costs incurred by Cummins, or (ii) charge storage fees for the additional inventory holding period, the additional inventory holding period not to exceed one hundred twenty (120) days from the agreed upon delivery date, unless otherwise agreed by Cummins in writing. A storage fee of two thousand five hundred dollars ($2,500.00) or two percent (2%) of the total quoted amount, whichever is greater, shall be assessed for any Equipment whose delivery or pick-up is delayed, deferred, or refused by Customer beyond thirty (30) days from the agreed upon delivery date. Unless otherwise agreed by Cummins in writing, in the event delivery or pick-up of Equipment is delayed, deferred, or refused by Customer beyond one hundred twenty (120) days from the agreed upon delivery or pick-up date, or date of completion of Services, then Cummins has the right, in its sole discretion, to: (i) tow, remove, or otherwise dispose of the unclaimed Equipment in accordance with applicable abandonment laws, and/or (ii) make the Equipment available for auction or sale to other customers or to the public, or (iii) otherwise use, destroy, or recycle the Equipment at Customer’s sole cost and expense. The foregoing remedies shall be without prejudice to Cummins’ right to pursue other remedies available under the law, including without limitation, recovery of costs and/or losses incurred due to the storage, auction, sale, destruction, recycling, or otherwise of the Equipment. Offloading, handling, and placement of Equipment and crane services are the responsibility of Customer and not included unless otherwise stated. All shipments are made within normal business hours, Monday through Friday. Any delivery, shipping, installation, or performance dates indicated in this Agreement are estimated and not guaranteed. Further, delivery time is subject to confirmation at time of order and will be in effect after engineering drawings have been approved for production. Cummins shall use commercially reasonable efforts to meet estimated dates, but shall not be liable to customer or any third party for any delay in delivery, shipping, installation, or performance, however occasioned, including any delays in performance that result directly or indirectly from acts of Customer or any unforeseen event, circumstance, or condition beyond Cummins’ reasonable control including, but not limited to, acts of God, actions by any government authority, civil strife, fires, floods, windstorms, explosions, riots, natural disasters, embargos, wars, strikes or other labor disturbances, civil commotion, terrorism, sabotage, late delivery by Cummins' suppliers, fuel or other energy shortages, or an inability to obtain necessary labor, materials, supplies, equipment or manufacturing facilities. AS A RESULT OF COVID-19 RELATED EFFECTS OR INDUSTRY SUPPLY CHAIN
Project: City of Grand Terrace
Quotation: Q-404478-20250925–1854 Page 5
DISRUPTIONS, TEMPORARY DELAYS IN DELIVERY, LABOR OR SERVICES FROM CUMMINS AND ITS SUB-SUPPLIERS OR SUBCONTRACTORS MAY OCCUR. AMONG OTHER FACTORS, CUMMINS’ DELIVERY OBLIGATIONS ARE SUBJECT TO
CORRECT AND PUNCTUAL SUPPLY FROM OUR SUB-SUPPLIERS OR SUBCONTRACTORS, AND CUMMINS RESERVES THE RIGHT TO MAKE PARTIAL DELIVERIES OR MODIFY ITS LABOR OR SERVICE. WHILE CUMMINS SHALL MAKE COMMERCIALLY
REASONABLE EFFORTS TO MEET THE DELIVERY, SERVICE OR COMPLETION OBLIGATIONS SET FORTH HEREIN, SUCH DATES ARE SUBJECT TO CHANGE. IN THE EVENT DELIVERY, SHIPPING, INSTALLATION, OR PERFORMANCE IS DELAYED, HOWEVER OCCASSIONED, DUE TO EVENTS BEYOND CUMMINS’ REASONABLE CONTROL, THEN THE DATE OF DELIVERY,
SHIPPING, INSTALLATION, OR PERFORMANCE FOR THE EQUIPMENT OR SERVICES SHALL BE EQUITABLY EXTENDED FOR A PERIOD EQUAL TO THE TIME LOST, PLUS REASONABLE RAMP-UP.
3. PAYMENT TERMS; CREDIT; RETAINAGE. Unless otherwise agreed to by the parties in writing and subject to credit approval by Cummins, payments are due thirty (30) days from the date of the invoice. If Customer does not have approved credit with Cummins, as solely determined by Cummins, payments are due in advance or at the time of supply of the Equipment. If payment is not received when due, in addition to any rights Cummins may have at law, Cummins may charge Customer eighteen percent (18%) interest annually on late payments, or the maximum amount allowed by law. Customer agrees to pay Cummins’ costs and expenses (including reasonable attorneys’ fees) related to Cummins’ enforcement and collection of unpaid invoices, or any other enforcement of this Agreement by Cummins. Retainage is not acceptable nor binding, unless required by statute or accepted and confirmed in writing by Cummins prior to shipment. All sales are subject to Customer’s ongoing credit approval. While Cummins may initially extend Net 30 payment terms upon Cummins' approval of Customer’s credit application, Cummins reserves the right to reassess Customer’s creditworthiness at any time prior to shipment. If, in Cummins' sole discretion, Customer’s financial condition weakens or otherwise declines, Customer has past due invoices with Cummins, or Cummins otherwise determines that extending credit terms is no longer commercially reasonable, Cummins may, upon notice to Customer, (i) require full or partial payment in advance, (ii) require an alternative form of security satisfactory to Cummins, including but not limited to a letter of credit or payment bond, or (iii) withhold shipment until such payment or security is provided. Cummins shall not be liable for any delays or damages resulting from the enforcement of this provision. If Customer fails to make any payments to Cummins when due and payable, and such failure continues for more than sixty (60) days from the date of the invoice, or less if required by applicable law, then Cummins may, at Cummins’ sole discretion and without prejudice to any other rights or remedies, either (i) terminate this Agreement; or (ii) postpone delivery of any undelivered Equipment in Cummins’ possession and/or suspend its services until payment for unpaid invoices is received.
4. TAXES; EXEMPTIONS. Unless otherwise stated, the Quote excludes all applicable local, state and federal sales and/or use taxes, permits and licensing. Customer must provide a valid resale or exemption certificate prior to shipment of Equipment or applicable taxes will be added to the invoice.
5. TITLE; RISK OF LOSS. Unless otherwise agreed in writing by the parties, title and risk of loss for the Equipment shall pass to Customer upon delivery of the Equipment by Cummins to freight carrier or to Customer at pickup at Cummins’ facility.
6. INSPECTION AND ACCEPTANCE. Customer shall inspect the Equipment upon delivery, before offloading, for damage, defects, and shortage. Any and all claims which could have been discovered by such inspection shall be deemed absolutely and unconditionally waived unless noted by Customer on the bill of lading. Where Equipment is alleged to be non-conforming or defective, written notice of defect must be given to Cummins within three (3) days from date of delivery after which time Equipment shall be deemed accepted.
Cummins shall have a commercially reasonable period of time in which to correct such non-conformity or defect. If non-conformity or defect is not eliminated to Customer’s reasonable satisfaction, Customer may reject the Equipment (but shall protect the Equipment until returned to Cummins) or allow Cummins another opportunity to undertake corrective action. In the event startup of the Equipment is included in the services, acceptance shall be deemed to have occurred upon successful startup.
7. LIEN; SECURITY AGREEMENT. Customer agrees that Cummins retains all statutory lien rights. To secure payment, Customer grants Cummins a Purchase Money Security Interest in the Equipment. If any portion of the balance is due to be paid following delivery, Customer agrees to execute and deliver such security agreement, financing statements, deed of trust and such other documents as Cummins may request from time to time in order to permit Cummins to obtain and maintain a perfected security interest in the Equipment; or in the alternative, Customer grants Cummins a power of attorney to execute and file all financing statements and other documents needed to perfect this security interest. Cummins may record this Agreement, bearing Customer's signature, or copy of this Agreement in lieu of a UCC-1, provided that it shall not constitute an admission by Cummins of the applicability or non-applicability of the UCC nor shall the failure to file this form or a UCC-1 in any way affect, alter, or invalidate any term, provision, obligation or liability under this Agreement. The security interest shall be superseded if Customer and Cummins enter into a separate security agreement for the Equipment. Prior to full payment of the balance due, Equipment will be kept at Customer’s location noted in this Agreement, will not be moved without prior notice to Cummins, and is subject to inspection by Cummins at all reasonable times.
8. CANCELLATION; CHARGES. Orders placed with and accepted by Cummins may not be cancelled except with Cummins’ prior written consent. If Customer seeks to cancel all or a portion of an order placed pursuant to this Agreement, and Cummins accepts such cancellation in whole or in part, Customer shall be assessed cancellation charges as follows: (i) 10% of total order price if cancellation is received in Cummins’ office after Cummins has provided submittals and prior to releasing equipment to be manufactured; (ii) 25% of total order price if cancellation is received in Cummins’ office after receipt of submittal release to order, after receipt of a purchase order for a generator already on order with the factory, or after Cummins is asked to make any hardware changes to the equipment already on order with the factory; (iii) 50% of total order price if cancellation is received in Cummins’ office sixty (60) or fewer days before the scheduled shipping date on the order; or (iv) 100% of total order price if cancellation is received in Cummins’ office after the equipment has shipped from the manufacturing plant.
9. TERMINATION. Cummins may, at any time, terminate this Agreement for convenience upon sixty (60) days’ written notice to Customer. If the Customer defaults by (i) breaching any term of this Agreement, (ii) becoming insolvent or declared bankrupt, or (iii)
Project: City of Grand Terrace
Quotation: Q-404478-20250925–1854 Page 6
making an assignment for the benefit of creditors, Cummins may, upon written notice to Customer, immediately terminate this Agreement. Upon such termination for default, Cummins shall immediately cease any further performance under this Agreement, without further obligation or liability to Customer, and Customer shall pay Cummins for any Equipment or services supplied under this Agreement, in accordance with the payment terms detailed in Section 3. If a notice of termination for default has been issued and is later determined, for any reason, that the Customer was not in default, the rights and obligations of the parties shall treat the termination as a termination for convenience.
10. MANUALS. Unless otherwise stated, electronic submittals and electronic operation and maintenance manuals will be provided, and print copies may be available upon Customer’s request at an additional cost.
11. TRAINING; START UP SERVICES; INSTALLATION. Startup services, load bank testing, and owner training are not provided unless otherwise stated. Site startup will be subject to the account being current and will be performed during regular Cummins business hours, Monday to Friday. Additional charges may be added for work requested to be done outside standard business hours, on weekends, or holidays. One visit is allowed unless specified otherwise in the Quote. A minimum of two-week prior notice is required to schedule site startups and will be subject to prior commitments and equipment and travel availability. A signed site check sheet confirming readiness will be required, and Cummins personnel may perform an installation audit prior to the startup being completed.
Any issues identified by the installation audit shall be corrected at the Customer's expense prior to the start-up. Portable load banks for site test (if offered in the Quote) are equipped with only 100 feet of cable. Additional lengths may be arranged at an extra cost. Cummins is not responsible for any labor or materials charged by others associated with start-up and installation of Equipment, unless previously agreed upon in writing. Supply of fuel for start-up and/or testing, fill-up of tank after start up, or change of oil is not included unless specified in the Quote. All installation/execution work at the site including, but not limited to: civil, mechanical, electrical, supply of wall thimbles, exhaust extension pipe, elbows, hangers, expansion joints, insulation and cladding materials, fuel/oil/cooling system piping, air ducts, and louvers/dampers is not included unless specified in the Quote. When an enclosure or sub-base fuel tank (or both) are supplied, the openings provided for power cable and fuel piping entries, commonly referred to as “stub-ups”, must be sealed at the site by others before commissioning. All applications, inspections and/or approvals by authorities are to be arranged by Customer.
12. MANUFACTURER’S WARRANTY. Equipment purchased hereunder is accompanied by an express written manufacturer’s warranty (“Warranty”) and, except as expressly provided in this Agreement, is the only warranty offered on the Equipment. A copy of the Warranty is available upon request. While this Agreement and the Warranty are intended to be read and applied in conjunction, where this Agreement and the Warranty conflict, the terms of the Warranty shall prevail.
13. WARRANTY PROCEDURE. Prior to the expiration of the Warranty, Customer must give notice of a warrantable failure to Cummins and deliver the defective Equipment to a Cummins location or other location authorized and designated by Cummins to make the repairs during regular business hours. Cummins shall not be liable for towing charges, maintenance items such as oil filters, belts, hoses, etc., communication expenses, meals, lodging, and incidental expenses incurred by Customer or employees of Customer, "downtime" expenses, overtime expenses, cargo damages and any business costs and losses of revenue resulting from a warrantable failure.
14. LIMITATIONS ON WARRANTIES.
THE REMEDIES PROVIDED IN THE WARRANTY AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT AS SET OUT IN THE
WARRANTY AND THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, CUMMINS EXPRESSLY DISCLAIMS ALL
OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE OR MERCHANTABILITY. The limited warranty does not cover Equipment failures resulting from: (a) inappropriate use relative to designated power rating; (b) inappropriate use relative to application guidelines; (c) inappropriate use of an EPA-SE application generator set relative to EPA’s standards; (d) normal wear and tear; (e) improper and/or unauthorized installation; (f) negligence, accidents, or misuse; (g) lack of maintenance or unauthorized or improper repair; (h) noncompliance with any Cummins published guideline or policy; (i) use of improper or contaminated fuels, coolants, or lubricants; (j) improper storage before and after commissioning; (k) owner’s delay in making Equipment available after notification of potential Equipment problem; (l) replacement parts and accessories not authorized by Cummins; (m) use of battle short mode; (n) owner or operator abuse or neglect such as: operation without adequate coolant, fuel, or lubricants; over fueling; over speeding; lack of maintenance to lubricating, fueling, cooling, or air intake systems; late servicing and maintenance; improper storage, starting, warm-up, running, or shutdown practices, or for progressive damage resulting from a defective shutdown or warning device; or (o) damage to parts, fixtures, housings, attachments and accessory items that are not part of the generating set.
15. INDEMNITY. Customer shall indemnify, defend and hold harmless Cummins from and against any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, brought against or incurred by Cummins related to or arising out of this Agreement or the Equipment supplied under this Agreement (collectively, the “Claims”), where such Claims were caused or contributed to by, in whole or in part, the acts, omissions, fault or negligence of the Customer. Customer shall present any Claims covered by this indemnity to its insurance carrier unless Cummins directs that the defense will be handled by Cummins' legal counsel at Customer’s expense.
16. LIMITATION OF LIABILITY
NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT, IN NO EVENT SHALL CUMMINS, ITS OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY, WHETHER IN CONTRACT OR IN TORT OR
UNDER ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY OR NEGLIGENCE), FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LIQUIDATED, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING
WITHOUT LIMITATION DOWNTIME, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, LOSS OF OPPORTUNITY, DAMAGE TO