www.fema.gov
Status of Participating Jurisdictions as of September 3, 2021 Jurisdictions Adopted and Approved
# Jurisdiction Date of Adoption
Jurisdictions Approvable Pending Adoption
1 Placer County
2 City of Auburn
3 City of Colfax
4 Town of Loomis
5 City of Lincoln
6 City of Rocklin
7 Alta Fire Protection District
8 Alpine Springs County Water District
9 Foresthill Fire Protection District
10 Foresthill Public Utility District
11 Nevada Irrigation District
12 Newcastle Fire Protection District
13 Northstar Community Service District/Fire Department 14 North Tahoe Fire Protection District
15 North Tahoe Public Utility District
16 Olympic Valley Fire and Public Utility District (was Squaw Valley Fire and Public Utility District)
17 Placer County Flood Control & Water Conservation District 18 Placer County Resource Conservation District
19 Placer County Water Agency
20 Placer Hills Fire Protection District (absorbed Loomis FPD, also a participant in the 2016 LHMP)
21 San Juan Water District
22 Sierra Joint Community College District
23 South Placer Fire Protection District
24 Tahoe City Public Utilities District
25 Truckee Fire Protection District
26 Placer County Air Pollution District
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City of Colfax Ratify and Rescind December 27, 2021, Declaration of Local Emergency Staff Report January 12, 2022
Staff Report to City Council
FOR THE JANUARY 12, 2022, REGULAR CITY COUNCIL MEETING
From: Wes Heathcock, City Manager
Prepared by: Wes Heathcock, City Manager
Alfred A. “Mick” Cabral, City Attorney
Subject: Ratify and Rescind December 27, 2021, Declaration of Local Emergency Budget Impact Overview:
N/A: √ Funded: Un-funded: Amount: Fund(s):
Summary/Background
Severe winter storms prompted the City Manager to issue a Declaration of Local Emergency on December 27, 2021. That action was authorized by Colfax Municipal Code Chapter 2.60 which designates the City Manager as the City’s Emergency Response Manager and authorizes the City Manager, in that capacity, to determine the existence or threatened existence of a local emergency and institute the City’s emergency response plan.
Government Code Section 8630(b) provides that a declaration of local emergency by an authorized official cannot remain in effect for more than seven days unless it has been ratified by the City Council. Government Code Section 8630(d) requires the City Council to declare the termination of the local emergency at the earliest possible date that conditions warrant. The December 27, 2021, Declaration of Local Emergency provides that it remains in effect until rescinded by the City Council.
The emergency conditions that justified the City Manager’s action in declaring the local emergency were adequately resolved by January 2, 2022, such that the December 27, 2021, Declaration of Local Emergency is no longer needed. This does not mean that the residents of Colfax are no longer suffering from the consequences of the emergency. It simply means that the City has addressed the emergency conditions and can operate without exercising its emergency powers.
Staff recommends that the City Council ratify and rescind the December 27, 2021, Declaration of Local Emergency. Staff will be available to provide additional information and answer any questions.
Fiscal Impact
None
Attachments:
1. Resolution __-2022
2. Declaration of Local Emergency
RECOMMENDED ACTION: Adopt Resolution __-2022 ratifying and rescinding the Declaration of Local Emergency issued December 27, 2021.
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_________________________________________________________________________________________ City of Colfax Ratifying and Rescinding December 27, 2021, Declaration of Resolution _-2022 Local Emergency
City of Colfax
City Council
Resolution № __-2022
RATIFYING AND RESCINDING THE DECEMBER 27, 2021, DECLARATION OF LOCAL EMERGENCY WHEREAS, severe winter storms occurred that constituted the existence of conditions of disaster or of extreme peril to the safety of persons and property within and around the City of Colfax and constituted a local emergency as defined by Colfax Municipal Code Chapter 2.60 and applicable state law; and, WHEREAS, on December 27, 2021, the City Manager, in his capacity as such and as the City’s Emergency Response Manager, determined the existence or threatened existence of a local emergency and issued a Declaration of Local Emergency; and,
WHEREAS, the emergency conditions that justified the City Manager’s action in declaring the local emergency were adequately resolved by January 2, 2022, such that the December 27, 2021, Declaration of Local Emergency should be ratified but is no longer needed.
NOW THEREFORE, BE IT RESOLVED BY the City Council of the City of Colfax that the December 27, 2021, Declaration of Local Emergency issued by the City Manager is hereby ratified and approved and, as such, is hereby rescinded.
THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at a regular meeting of the City Council of the City of Colfax held on the 12th of January, 2022, by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________________
Trinity Burruss, Mayor
ATTEST:
________________________________________
Marguerite Bailey City Clerk
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Item 6F
178
City of Colfax Waste Water Treatment Plant – Monitoring System Improvements Staff Report January 12, 2022
Staff Report to City Council
FOR THE JANUARY 12, 2022 REGULAR CITY COUNCIL MEETING
From: Wes Heathcock, City Manager
Prepared by: Wes Heathcock, City Manager
Subject: Waste Water Treatment Plant – Monitoring System Improvements Budget Impact Overview:
N/A: Funded: √ Un-funded: Amount: $14,300 Fund(s): 560
Summary/Background
The Colfax WWTP is currently using two concurrent SCADA (Systems Control and Data Acquisition) systems, the Citect system and the DFS (Data Flow Systems) system. Both systems allow staff to monitor the Waste Water Treatment Plant, monitor the lift stations, remotely monitor facilities while on call, aggregate historical data for reporting, and make regular operational changes from a centralized system. However, there are some operational differences between the Citect and DFS systems. Mainly, the Citect system was designed from inception to control and monitor the Waste Water Treatment Plant with the ability to output state reporting data for use in the Electronic State Monitoring Report (eSMR), and the DFS system was designed to control and monitor the Lift Stations, with wireless communications installed for reliable remote viewing.
During the installation of the Lift Station DFS system, it was decided to move the basic functionality of the Citect system to the DFS system, effectively allowing the plant to use only one SCADA system that is newer and has technical support located in Auburn. Unfortunately, when the functionality was copied over, not all functionality was transferred, as that was outside the original scope of work and was not accounted for in the change order. The newer DFS system is not able to export usable data for use in the eSMR. This left the plant staff with the problem of still needing to use the Citect system for regular state reporting, while concurrently using the DFS system for general plant operations.
This has been the status for some time, with both systems operating in parallel. However, the Citect system has aged past its useful life, and is in danger of failing. The server is a windows Vista desktop computer and the original programmers A-team went out of business. No known programmers currently work on the Citect program since it is considered legacy, and if the City waits to repair the system until there’s failure, it’s likely to be unable to submit the State reports in a timely manner until the system is repaired or replaced.
Staff is recommending council authorize the City Manager to enter into an agreement with Aqua Sierra to provide the necessary monitoring system improvements for the DFS.
Fiscal Impact
The fiscal impact of the monitoring system improvements for the WWTP will be funded from Fund 560 in the amount of $14,300, which includes a 10% contingency.
Attachments:
1. Resolution __-2022
2. Aqua Sierra Controls Quotes
RECOMMENDED ACTION: Adopt Resolution __-2022 authorizing the City Manager to enter into an agreement with Aqua Sierra Controls for Waste Water monitoring system improvements in an amount not to exceed $14,300.
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_________________________________________________________________________________________ City of Colfax Waste Water Treatment Plant – Monitoring System Resolution __-2022 Improvements
City of Colfax
City Council
Resolution № __-2022
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH AQUA SIERRA
CONTROLS FOR WASTE WATER MONITORING SYSTEM IMPROVEMENTS IN AN AMOUNT NOT TO EXCEED $14,300
WHEREAS, The Colfax WWTP is currently using two concurrent SCADA (Systems Control and Data Acquisition) systems, the Citect system and the DFS (Data Flow Systems) system; and, WHEREAS, The Citect system has aged past it’s useful life, and is in danger of failing; and, WHEREAS, Upgrading the DFS program to integrate the Citect system is crucial for WWTP monitoring and reporting.
NOW THEREFORE, BE IT RESOLVED the City Council of the City of Colfax authorizing the City Manager to enter into an agreement with Aqua Sierra Controls for Waste Water monitoring system improvements in an amount not to exceed $14,300.
THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at the Regular Meeting of the City Council of the City of Colfax held on the 12th day of January 2022 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________________
Trinity Burruss, Mayor
ATTEST:
________________________________________
Marguerite Bailey, City Clerk
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Consultant Agreement
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into on this 13TH day of January ,2022 by and between the City_ of Colfax, a municipal corporation of the State of California ("City") and Aqua Sierra Controls (“Consultant").
RECITALS
A. The City desires to retain Consultant to provide the Services set forth in detail in Exhibit A hereto (the "Services") subject to the terms and conditions of this Agreement.
B. Consultant is duly licensed and sufficiently experienced to undertake and perform the Services in a skilled and workmanlike manner and desires to do so in accordance with the terms and conditions of this Agreement.
Now, therefore, in consideration of the mutual covenants, promises and conditions set forth in this Agreement, the City and Consultant agree as follows:
Section 1. Services.
Subject to the terms and conditions set forth in this Agreement, Consultant shall furnish and perform all of the Services described in detail in Exhibit A hereto and incorporated herein by this reference (the "Services") to the satisfaction of the City. Consultant shall not perform any work exceeding the scope of the Services described in Exhibit A without prior written authorization from the City.
Section 2. Time of Completion.
Consultant's schedule for performance of the Services is set forth in Exhibit A hereto which is incorporated herein by this reference. Consultant shall commence performance of the Services promptly upon receipt of written notice from the City to proceed. The contract term is for six (6) months commencing the day following the elected body approval. During the performance of the Services, Consultant shall provide the City with written progress reports at least once each month and at such additional intervals as City may from time to time request.
Section 3. Compensation.
A. Except as may otherwise be provided in Exhibit A or elsewhere in this Agreement or its exhibits, Consultant shall invoice City once each month for the Services performed during the preceding month in an amount not to exceed $5000. Such invoices shall itemize all charges in such detail as may reasonably be required by City in the usual course of City business but shall include at least:
i. the date of performance of each of the Services,
ii. identification of the person who performed the Services, iii. a detailed description of the Services performed on each date, iv. the hourly rate at which the Services on each date are charged, v. an itemization of all costs incurred and
vi. the total charges for the Services for the month invoiced.
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Consultant Agreement
As long as the Consultant performs the Services to the satisfaction of the City, the City shall pay the Consultant an all-inclusive compensation that shall not exceed the amount as detailed in Exhibit A except pursuant to an authorized written change order issued pursuant to Section 15 of this Agreement before the Services requiring additional compensation are performed. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City's staff.
B. The Consultant's compensation for the Services shall be full compensation for all indirect and direct personnel, materials, supplies, equipment and services incurred by the Consultant and used in carrying out or completing the Services.
Payments shall be in accordance with the payment schedule established in Exhibit A or elsewhere in this Agreement or its exhibits.
C. The City shall have the right to receive, upon request, documentation substantiating charges billed to the City pursuant to this Agreement. The City shall have the right to perform an audit of the Consultant's relevant records pertaining to the charges.
D. Any Services performed more than sixty (60) days prior to the date upon which they are invoiced to the City shall not be compensable.
Section 4. Professional Ability; Standard of Quality.
City has relied upon the professional training and ability of Consultant to perform the Services described in Exhibit A as a material inducement to enter into this Agreement.
Consultant shall therefore provide properly skilled professional and technical personnel to perform all Services under this Agreement. All Services performed by Consultant under this Agreement shall be in a skillful, workmanlike manner in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise.
Section 5. Indemnification.
Consultant shall hold harmless and indemnify, including without limitation the cost to defend, the City and its officers, agents and employees from and against any and all claims, demands, damages, costs or liability that arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant and/or its agents in the performance of the Services. This indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or material defects in design by the City or its agents, servants employees or independent contractors other than Consultant who are directly responsible to the City, or arising from the active negligence of the City officers, agents, employees or volunteers
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Consultant Agreement
Section 6. Insurance.
Without limiting Consultant's indemnification obligations provided for above, Consultant shall take out before beginning performance of the Services and maintain at all times during the life of this Agreement the following policies of insurance with insurers possessing a Best rating of not less than A. Consultant shall not allow any subcontractor, professional or otherwise, to commence work on any subcontract until all insurance required of the Consultant has also been obtained by the subcontractor.
A. Workers' Compensation Coverage. Statutory Workers' Compensation insurance and Employer's Liability Insurance to cover its employees. In the alternative, Consultant may rely on a self-insurance program to meet its legal requirements as long as the program of self-insurance complies fully with the provisions of the California Labor Code. Consultant shall also require all subcontractors, if such are authorized by the City, to similarly provide Workers' Compensation insurance as required by the Labor Code of the State of California for all of the subcontractor's employees. All Workers' Compensation policies shall be endorsed with the provision that the insurance shall not be suspended, voided, or cancelled until thirty (30) days prior written notice has been provided to City by the insurer.
The Workers' Compensation insurance shall also contain a provision whereby the insurance company agrees to waive all rights of subrogation against the City and its elected or appointed officials, officers, agents, and employees for losses paid under the terms of such policy which arise from the Services performed by the insured for the City.
B. General Liability Coverage. General liability insurance, including personal injury and property damage insurance for all activities of the Consultant and its subcontractors, if such are authorized by the City, arising out of or in connection with the Services. The insurance shall be written on a comprehensive general liability form and include a broad form comprehensive general liability endorsement. In the alternative, the City will accept, in satisfaction of these requirements, commercial general liability coverage which is equivalent to the comprehensive general liability form and a broad form comprehensive general liability endorsement. The insurance shall be in an amount of not less than $1 million combined single limit personal injury and property damage for each occurrence. The insurance shall be occurrence based insurance. General liability coverage written on a claims made basis shall not be acceptable absent prior written authorization from the City.
C. Automobile Liability Coverage. Automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with this Agreement, including coverage for owned, hired and nonowned vehicles, in an amount of not less than $1 million combined single limit for each occurrence.
D. Policy Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following provisions:
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1. The City, and its elected or appointed officials, employees and agents shall be named as insureds or additional insureds with regard to damages and defenses of claims arising from activities performed by or on behalf of the Consultant.
2. The insurance afforded by each policy shall apply separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the insurer's limits of liability.
3. The insurance shall be primary insurance as respects the City and its elected or appointed officers, officials, employees and agents. Any other insurance maintained by the City or its elected or appointed officers, officials, employees, agents or volunteers shall be in excess of this insurance and shall not contribute with it.
4. The insurance shall not be suspended, voided, cancelled, or reduced in coverage or in limits except after thirty (30) days prior written notice has been provided to the City.
5. Any failure to comply with the reporting requirements of any policy shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, or agents.
E. Professional Liability Coverage. If required by the City, Consultant shall also take out and maintain professional liability, errors and omissions insurance in an amount not less than $1 million. The professional liability insurance policy shall be endorsed with a provision stating that it shall not be suspended, voided, cancelled, or reduced in coverage or in limits except after thirty (30) days written notice has been provided to the City.
F. Insurance Certificates and Endorsements. Prior to commencing the Services under this Agreement, Consultant shall submit to the City documentation evidencing the required insurance signed by the insurance agent and the companies named. This documentation shall be on forms which are acceptable to the City and shall include all required endorsements and verify that coverage is actually in effect. This Agreement shall not be effective until the required insurance forms and endorsements are submitted to and approved by the City.
Failure to provide these forms within the time period specified by City may result in the award of this Agreement to another Consultant should the City, in its sole discretion, decide to do so. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
G. Deductible and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City.
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Consultant Agreement
H. Termination of Insurance. If the City receives notification that Consultant's insurance will be suspended, voided, cancelled or reduced in coverage or in limits, and if the Consultant does not provide for either the reinstatement of that insurance or for the furnishing of alternate insurance containing all of the terms and provisions specified above prior to the termination of that insurance, City may either terminate this Agreement for that breach, or City may secure the required insurance to satisfy the conditions of this Agreement and deduct the cost thereof from compensation which would otherwise be due and payable to the Consultant for Services rendered under the terms of this Agreement.
Section 7. Subcontracts.
Consultant may not subcontract any portion of the Services without the written authorization of City. If City consents to a subcontract, Consultant shall be fully responsible to the City and third parties for all acts or omissions of the subcontractor to which the Services or any portion thereof are subcontracted. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor, nor shall it create any obligation on the part of the City to pay or cause the payment of any monies due to any such subcontractor except as otherwise is required by law.
Section 8. Assignment.
Consultant shall not assign any right or obligation under this Agreement without the City's prior written consent. Any attempted assignment of any right or obligation under this Agreement without the City's prior written consent shall be void.
Section 9. Entire Agreement.
This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Agreement may not be modified or altered except in writing signed by both parties.
Section 10. Jurisdiction.
This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction over any litigation arising from this Agreement shall be in the Superior Court of the State of California with venue in Placer County, California.
Section 11. Suspension of Services.
Upon written request by Consultant, City may suspend, in writing, all or any portion of the Services if unforeseen circumstances beyond the control of the City and Consultant make normal progress of the Services impossible, impractical or infeasible. Upon written City approval to suspend performance of the Services, the time for completion of the Services shall be extended by the number of days performance of the Services is suspended.
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Consultant Agreement
Section 12. Termination of Services.
City may at any time, at its sole discretion, terminate all or any portion of the Services and this Agreement upon seven (7) days written notice to Consultant. Upon receipt of notice of termination, Consultant shall stop performance of the Services at the stage directed by City. Consultant shall be entitled to payment within thirty (30) days for Services performed up to the date of receipt of the written notice of termination.
Consultant shall not be entitled to payment for any Services performed after the receipt of the notice of termination unless such payment is authorized in advance in writing by the City.
Should Consultant fail to perform any of the obligations required of Consultant within the time and in the manner provided for under the terms of this Agreement, or should Consultant violate any of the terms and conditions of this Agreement, City may terminate this Agreement by providing Consultant with seven (7) days written notice of such termination. The Consultant shall be compensated for all Services performed prior to the date of receipt of the notice of termination. However, the City may deduct from the compensation which may be owed to Consultant the amount of damage sustained or estimated by City resulting from Consultant's breach of this Agreement.
Consultant's obligations pursuant to Sections 5 and 6 of this Agreement shall survive termination, and continue in effect for as long as necessary to fulfill the purposes of Sections 5 and 6.
Section 13. Independent Contractor.
Consultant shall in all respects be an independent contractor and not an agent or employee of City. Consultant has and shall retain the right to exercise full control and supervision of the means and methods of performing the Services. Consultant shall receive no premium or enhanced pay for Services normally understood as overtime; nor shall Consultant receive holiday pay, sick leave, administrative leave or pay for any other time not actually expended in the performance of the Services. It is intended by the parties that Consultant shall not be eligible for benefits and shall receive no compensation from the City, except as expressly set forth in this Agreement. Consultant shall submit completed W -9 and Report of Independent Contractor forms upon execution of this Agreement and prior to the payment of any compensation hereunder.
Section 14. Ownership of Documents.
Within thirty (30) days after the Consultant substantially completes performance of the Services, or within thirty (30) days after the termination of this Agreement, the Consultant shall deliver to the City all files, records, materials and documents drafted or prepared by Consultant's in the performance of the Services. It is expressly understood and agreed that all such files, records, materials and documents are the property of the City and not the property of the Consultant. All finished and unfinished reports, plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents in the course of performing the Services shall become the sole property of the City upon payment to Consultant for the Services, and the City shall have Item 6G
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the exclusive right to use such materials in its sole discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and writings to City or any party the City may designate, upon written request. Consultant may keep file copies of all documents prepared for City. Use of any such documents by the City for projects that are not the subject of this Agreement or for purposes beyond the scope of the Services shall be at the City's sole risk without legal liability or expense to Consultant.
Section 15. Changes and/or Extra Work.
Only the City Council may authorize extra and/or changed Services, modification of the time of completion of the Services, or additional compensation for the tasks to be performed by Consultant. Consultant expressly recognizes that other City personnel are without authorization to order extra and/or changed Services or to obligate the City to the payment of additional compensation. The failure of Consultant to secure the prior written authorization for such extra and/or changed Services shall constitute a waiver of any and all right to adjustment in the contract price due to such unauthorized Services, and Consultant thereafter shall not be entitled to any compensation whatsoever for the performance of such extra or changed Services. In the event Consultant and City agree that extra and/or changed Services are required, or that additional compensation shall be awarded to Consultant for performance of the Services under this Agreement, a supplemental agreement providing for such compensation shall be prepared and shall be executed by the Consultant and the necessary City officials before the extra and/or changed Services are provided.
Section 16. Compliance with Federal, State and Local Laws.
Consultant shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations affecting the Services, including without limitation laws requiring licensing and prohibiting discrimination in employment because of race, creed, color, sex, age, marital status, physical or mental disability, national origin or other prohibited bases. City shall not be responsible or liable for Consultant's failure to comply with applicable laws, statutes, ordinances, rules or regulations.
Section 17. Retention of Records.
Consultant and any subconsultants authorized by the terms of this Agreement shall keep and maintain full and complete documentation and accounting records, employees' time sheets, and correspondence pertaining to the Services, and Consultant shall make such documents available for review and/or audit by City and City's representatives at all reasonable times during performance of the Services and for at least four (4) years after completion of the Services and/or termination of this Agreement.
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Section 18. Alternative Dispute Resolution
A. Before resorting to mediation, arbitration or other legal process, the primary contacts of the parties shall meet and confer and attempt to amicably resolve any dispute arising from or relating to this Agreement subject to the following provisions. Any party desiring to meet and confer shall so advise the other party pursuant to a written notice. Within 15 days after provision of that written notice by the party desiring to meet and confer, the primary contacts for each party shall meet in person and attempt to amicably resolve their dispute. Each primary contact, or the person acting in their absence with full authority to resolve the dispute, shall attend the meeting and shall be prepared to devote an entire day thereto. If any dispute remains unresolved at the end of the meeting, any party to this Agreement shall have the right to invoke the mediation process provided for in the subparagraph B below.
B. Subject to the provisions of subparagraph A, any dispute that remains unresolved after the meet and confer shall immediately be submitted to non-binding neutral mediation, before a mutually acceptable, neutral retired judge or justice at the Sacramento Office of the Judicial Arbitration and Mediation Service ("JAMS"). If within five days after the meet and confer the parties are unable to agree upon the selection of a neutral mediator, then the first available retired judge or justice at the Sacramento office of JAMS shall serve as the neutral mediator. The parties agree to commit to at least one full day to the mediation process. Additionally, to expedite the resolution of any dispute that is not resolved by mediation, the parties agree to each bring to the neutral mediation a list of at least five neutral arbitrators, including their resumes, whose availability for an arbitration hearing within 30 days after the mediation has been confirmed.
C. If mediation is unsuccessful, before the mediation concludes, the parties shall mediate the selection of a neutral arbitrator to assist in the resolution of their dispute. If the parties are unable to agree on an arbitrator, the parties agree to submit selection of an arbitrator to the mediator, whose decision shall be binding on the parties. In that case, the mediator shall select a neutral arbitrator from the then active list of retired judges or justices at the Sacramento Office of the JAMS.
The arbitration shall be conducted pursuant to the provisions of the California Arbitration Act, sections 1280-1294.2 of the California Code of Civil Procedure. In such case, the provisions of Code of Civil Procedure Section 1283.05 and 1283.1 shall apply and are hereby incorporated into this Agreement.
D. This section 18 shall survive the termination or expiration of this Agreement. If there is no Sacramento office of JAMS, then the office of JAMS closest to the City shall be used instead of a Sacramento office.
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Consultant Agreement
Section 19. Severability.
The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by an arbitrator or by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual written consent of the parties.
Section 20. Entire Agreement; Amendment.
This Agreement, including all exhibits hereto, constitutes the complete and exclusive expression of the understanding and agreement between the parties with respect to the subject matter hereof. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. This Agreement may be amended or extended from time to time only by written agreement of the parties hereto.
Section 21. Time of the Essence.
Time is of the essence in the performance of the Services. The Consultant will perform its Services with due and reasonable diligence consistent with sound professional practices and shall devote such time to the performance of the Services as may be necessary for their timely completion.
Section 22. Written Notification.
Except as otherwise specified in this Agreement, any notice, demand, request, consent, approval or communications that either party desires or is required to give to the other party shall be in writing and either served personally or sent by first class mail, postage prepaid and addressed as follows. Either party may change its address by notifying the other party in writing of the change of address. Notice shall be deemed communicated within two business days from the time of mailing if mailed within the State of California as provided in this Section.
If to City: City of Colfax
33 S. Main Street
Colfax, CA 95713
If to Consultant: Aqua Sierra Controls
1650 Industrial Drive,
Auburn, CA 95603
Section 23. Execution.
This Agreement may be executed in original counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one original counterpart is signed by both parties hereto. In proving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
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Section 24. Successors.
This Agreement shall be binding on and inure to the benefit of the respective parties hereto except to the extent of any contrary provision in this Agreement.
Section 25. Attorney's Fees.
If any party to this Agreement commences legal proceedings to enforce any of its terms or to recover damages for its breach, the prevailing party shall be entitled to recover its reasonable attorney’s fees, costs and the expenses of expert witnesses, including any such fees costs and expenses incurred on appeal.
IN WITNESS WHEREOF, the parties hereby have executed this Agreement on the day first above written:
CITY CONSULTANT
Signature: Signature:
Printed Name: Printed Name:
Title: Title:
Date: Date:
APPROVED AS TO FORM:
______________________________________
City Attorney
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Aqua Sierra Controls, Inc.
1650 Industrial Drive, Auburn, CA 95603
Cell (530) 305-3390 Office (530) 823-3241
[email protected] www.aquasierra.com
CA Contractors License A, C-10 474023
CA Small Business Certification #1162
CA DIR #1000003631
IT Services - SCADA – UL508 Panel Shop – Pump Controllers NIST Traceable Instrument Calibrations & Maintenance
City of Colfax
Colfax, CA
Attention: Mr. Devon Morris
Phone: 707-359-8661
Subject: Proposal & Scope of Work
Project: SCADA Programming & Reports
Proposal # QJ07283
December 20, 2021
Mr. Morris,
The following is our scope of work and proposal for the SCADA programming and reports that you requested.
Scope of Work
After our discussion with Devon, I believe the best way to replicate the existing reports from the Citect system would be to create a custom ladder within the DFS SCADA with all the data points to be made as virtual points. This gives us the ability to then use the ODBC connection within Microsoft Excel to connect to the DFS server’s MySQL database and pull these direct values within an excel page.
Thus, integrating with Devon’s monthly reports.
Reports Scope: Below is a list of the exact data points (tags) that will need to be built within the DFS ladders. Most of these are already brought into the DFS SCADA system with a matching tag name.
1. Min & Max value of a 24-Hour time period.
2. Average of 15 min time period.
Exhibit A
Item 6G 191
UV_TRANSMITANCE
UV_DOSAGE
UV_FLOW
UV_INTENSITY
UV_NTU
EFFLUENT_PH (do not MIN,MAX,AVG if Diversion push button is active or bit is true & do not totalize if diversion vale digital input is true) EFFLUENT_DO do not MIN, MAX, AVG if Diversion push button is active or bit is true & do not totalize if diversion vale digital input is true) Total Number of UV_BANKS on for 24 Hours (no 15 min average is needed just
MIN & MAX)
Proposal Total $12,968.00 (Cash, Check, ACH, Wire Transfer) A fifty percent deposit is required upon order approval. Additional progress billing may apply. Final payment due within thirty days of project completion.
Inclusions
• Travel and mileage
Exclusions
• Items not in our scope of work
• Specialty insurance beyond our standard two million dollars coverage • Bonds, fees or permits
• Prevailing wage rates
• NETA testing
• Union requirements or signatories
Please let me know if you have any questions.
Thank you,
Josh Lane
Sales Manager
Item 6G 192
City of Colfax Council Committee Assignments
Staff Report January 12, 2022
Staff Report to City Council
FOR THE JANUARY 12, 2022 REGULAR CITY COUNCIL MEETING
From:
Prepared by:
Subject:
Wes Heathcock, City Manager
Marguerite Bailey, City Clerk
Council Committee Assignments
Budget Impact Overview:
N/A: √ Funded: Un-funded: Amount: Fund(s):
Summary/Background
Each year the Mayor recommends assignments for Council Members, staff or the public to serve on the boards of local agencies, advisory boards, and committees within the surrounding area. Generally, Council Members request their assignments and develop expertise to represent the City to improve resources or influence within the region.
A brief description of each board and its impact on the City is attached. The Mayor recommends no changes for this year’s appointments of Council Members to the Commissions, Boards, and Committees.
Fiscal Impacts
N/A
Attachments:
1. Committee Descriptions
2. 2022 Council Committee Assignments
RECOMMENDED ACTION: Approve City Council Committee Assignments for 2022.
Item 9A
193
Poultry Ad hoc Required City Council created this position to help develop an ordinance to regulate chicken keeping to help divert organic food waste from the Landfill in compliance of SB1383 Weimar, Applegate,
Colfax/Municipal Advisory
Council (WAC/MAC)
Optional
WACMAC is an advisory board of area volunteers which advises the Supervisor on matters of concern related to the area outside City limits. The City Councilmember serves as a Liaison between WACMAC and the Council.
Placer Regional Homelessness
Action Plan Ad hoc Required
Placer County is seeking to make homelessness rare, brief, and non-recurring by supporting our unhoused community members in a coordinated system of care as they work towards selfsustaining futures.
Placer County Flood Control and
Water Conservation District
(Board of Directors)
Required The Board oversees the Placer County District in addressing flood control, drainage, and storm water management issues arising with development growth occurring in the region.
Colfax Skate Park Required Meets with City Manager to discuss ongoing development.
ISO Ad hoc Optional Is needed to negotiate rates for the City's Fire Insurance and obtain the best coverage and lowest rates.
Pioneer Community Energy Required
Pioneer was established to provide electricity at lower rates than other providers. The board consists of elected representatives from the County and 5 Cities. https://pioneercommunityenergy.ca.gov/about-us/
Colfax Bike Park Required Meets with City Manager to discuss potential development.
Colfax Schools Liaison Optional
Committee Assignment Descriptions
League of California Cities
Sacramento Valley Division
Liaison
Optional
City Council created this position to ensure at least one Councilmember is tasked with fostering communication between Council and the two local schools.
Placer County Selection
Committee Required
Bianchini Advisory Board Required
Sierra Vista Community Center
Liaison Optional
Committee Required/
Optional Description
Placer Sierra Fire Safe Council
City of Colfax Council Chambers Optional
The League is an association of city officials for training, information exchange, and combining of resources to influence State policy decisions that affect cities. The Sacramento Valley Division is a regional component of the League that insures Northern California cities have a voice in state policies. https://www.cacities.org/ Carl Bianchini endowed the community a sizeable trust to be used for youth and senior programs. The Bianchini Advisory Board was created to oversee appropriations of the fund to the Sierra Vista Community Center.
Sierra Vista Community Center Liaison is ideally a different person than the Bianchini representative. The liaison attends Sierra Vista Community Center board meetings and reports information back to Council.
The Fire Safe Council evaluates fire threat, assures firefighting resources are available, develops a Community Fire Safe Plan and supports efforts for wild land and community fire management. https://www.placer.ca.gov/bos/committees-and-commissions/placer-sierra-firesafe-council The Selection Committee consists of the Mayor of the seven Cities within Placer County. The Committee meets to appoint and confirm members of various boards and commissions within the County.
Item 9A
194
Sacramento Area Council of
Governments (SACOG) Board of
Directors
Required
Association of local governments in the 6 county Sacramento region. Provides transportation planning and funding for the region, and serves as a forum for study and resolution of regional issues - affordable housing, clean air, bicycle networks, etc.
Placer County air Pollution
Control District (PCAPCD) Required
The District regulates and seeks reduction in air pollutant emissions; partners with local municipalities to develop and support emission reduction strategies; and leverages district and local funding with state and federal monies.
Placer County Mosquito and
Vector Control District (PMVCD) Required The District controls vector populations to reduce their impact upon public health through public education, surveillance and control.
Project Go Optional Project Go is a non-profit organization which helps low to moderate income community members with energy needs.
Placer County Transportation
Planning Agency (PCTPA) Required
PCTPA makes decisions about the regional transportation system in Placer County. The agency develops plans and strategies to make the best use of state and federal transportation funds.
Placer County Economic
Development Board (PCEDB) Optional
Members of the board area responsible for brining economic development information back to the governments and organizations they represent to ensure there is a united effort to attract new jobs to the County.
Local Agency Formation
Commission (LAFCO) Required
LAFCO is a state mandated independent regulator body whose role is to encourage orderly formation of local governmental agencies, preserve agricultural and open space resources and discourage urban sprawl. LAFCO oversees City boundaries.
Solid Waste Task Force Required Is needed to negotiate rates for the City's solid waste collection as well as oversee services to the community.
Item 9A
195
Placer Sierra Fire Safe Council Sean Lomen
Alt: Joe Fatula
6:00PM
4th Thursday / Every
Month
City of Colfax
Council Chambers
Location TBD
No Stipend
Local Agency Formation Commission Sean Lomen
Alt: Trinity Burruss
4:00PM
2nd Wednesday / Every
Month
BOS Chambers
175 Fulweiler Ave
Auburn
$100 Stipend
Solid Waste Task Force Wes Heathcock
Alt: Sean Lomen
9:00AM
1st Thursday 4x/yr
Feb/May/Aug/Nov
CRDC Cypress Room,
2091 County Center Dr,
Suite 170, Auburn
No Stipend
Project Go Joe Fatula
Alt: Sean Lomen
5:30PM
3rd Thursday 801 Vernon St Roseville No Stipend
Placer County Transportation Planning Agency (PCTPA) Trinity Burruss Alt: Joe Fatula
9:00AM
4th Wednesday / Every
Month
Currently Zoom / BOS
Chambers
175 Fulweiler Ave
Auburn
$100 Stipend
9:30AM
3rd Thursday
Currently Zoom / then
1415 L. Street, Suite
300 Sacramento
$100 Stipend
Placer County Air Pollution Control District (PCAPCD)
Trinity Burruss
Alt: Marnie
Mendoza
2:30PM
2nd Thursday 6x/yr
BOS Chambers
175 Fulweiler Ave
Auburn
$100 Stipend
Placer Mosquito & Vector Control District (PMVCD)
Will Stockwin
Alt: Marnie
Mendoza
4:30PM
3rd Monday / Every
Month
2021 Opportunity Dr
Roseville $100 Stipend
2022 Proposed Committee Assignment List
Board/Committee Colfax
Representative Meeting Information Meeting Location Reimbursement/ Stipend Placer County Economic Development Board (PCEDB) Marnie Mendoza Alt: Joe Fatula
3rd Thursday
4x/yr
Jan/Apr/July/Sept
Currently Zoom / then
Resource Center -
Rocklin
No Stipend
Weimar, Applegate, Colfax/Municipal Advisory Council (WAC/MAC) David Ackerman Alt: Joe Fatula
6:00PM
3rd Wednesday every
other month -
Jan/Mar/ay/July/Sept/No
v
Currently Cancelled /
then Colfax City Hall No Stipend
Sacramento Area Council of Governments (SACOG)
Board of Directors
Trinity Burruss
Alt: David
Ackerman
Item 9A
196
Placer Regional Homelessness Action Plan Ad hoc Marnie Mendoza Trinity Burruss Previously via ZOOM
8:30am -10:30am
Poultry Ad hoc Joe Fatula
Sean Lomen As Needed No Stipend
Placer County Flood Control & Water Conservation District (Board of Directors)
Sean Lomen
Alt. Trinity Burruss
2nd Monday Monthly
4:00pm
Currently Zoom, then
Rocklin City Council
Chambers
$100 Stipend
ISO Ad hoc Joe Fatula
Sean Lomen
Pioneer Community Energy
Joe Fatula
Alt: David
Ackerman
3:00PM
3rd Thursday
Currently Zoom / 2510
Warren Drive, Suite B
Rocklin, CA 95677
No Stipend
Colfax Skate Park Trinity Burruss
Marnie Mendoza
Colfax Bike Park Joe Fatula
David Ackerman
Sierra Vista Community Center Liaison David Ackerman
Alt: Sean Lomen
6:00pm
3rd Wednesday Community Center No Stipend
Colfax Schools Liaison Trinity Burruss
Alt: Sean Lomen No Stipend
League of California Cities Sacramento Valley Division Liaison Marnie Mendoza
Alt: David
Ackerman
4x/yr
12pm - 2pm
Conf - 11:45am - 1pm
ZOOM - 2/19/2021
ZOOM - 5/28/2021
ZOOM - 7/16/2021
Ann Conf - 9/22/2021
No Stipend
Bianchini Advisory Board Marnie Mendoza
Alt: Trinity Burruss No Stipend
Placer County Selection Committee Mayor Yearly No Stipend 2022 Proposed Committee Assignment List
Board/Committee Colfax
Representative Meeting Information Meeting Location Reimbursement/ Stipend Item 9A
197
Issued by the Mayor
WHEREAS, Reverend Doctor Martin Luther King, Jr was born January 15, 1929; and, WHEREAS, Dr. King dedicated his life to securing the Nation’s fundamental principles of liberty and justice for all citizens; and,
WHEREAS, Dr. King was the leading civil rights advocate of his time, spearheading the civil rights movement in the United States during the 1950s and 1960s, and earned worldwide recognition as an eloquent and articulate spokesperson for equality; and,
WHEREAS, Placer MLK has celebrated the legacy of Dr. King with a yearly march; and, WHEREAS, January 17, 2022 marks the 4th Annual Placer MLK Jr. March and Family Celebration Day; and, WHEREAS, this year’s Placer MLK March theme is: Inclusion and Belonging: His Dream, Our Determination; and,
WHEREAS, Placer MLK March invites students to contribute expressions of creativity and talent that celebrate the life of Dr. King; and,
WHEREAS, Placer MLK’s mission is to encourage inclusive opportunities in Placer County by building and helping others live up to a shared purpose to serve all.
NOW THEREFORE, I, Trinity Burruss, Mayor of Colfax, California, do hereby recognize Placer MLK on their efforts to promote a stronger community, increased opportunities for representation, and celebrating the living memory of Dr. Martin Luther King Jr. with the Annual Placer MLK Jr. March and Family Celebration Day.
In witness whereof, I have hereunto set my hand and caused this seal to be affixed.
Trinity Burruss, Mayor
ATTEST:
Marguerite Bailey, City Clerk
Item 9B
Proclamation
198