Agenda packet — Colfax City Council, May 8, 2024

CityCouncil Meeting COUNCIL CHAMBERS, 33 SOUTH MAIN STREET, COLFAX, CA Mayor Kim Douglass ⋅ Mayor Pro Tem Sean Lomen
Councilmembers Caroline McCully ⋅ Larry Hillberg ⋅ Trinity Burruss

REGULAR MEETINGAGENDA
May 8, 2024
Regular Session 6:00 PM
You may access the meeting and address the Council by the following means:

ZOOM at
https://us02web.zoom.us/j/84968570574
Dial in by calling one of the numbers listed below and enter the Webinar ID:
849 6857 0574
1 669 900 6833 / 1 669 444 9171 / 1 719 359 4580 / 1 253 205 0468 View Only on Facebook Live on our City of Colfax page: City of Colfax, California. You may also submit written comments to the City Clerk via email at [email protected], via regular mail to P.O. Box 702, Colfax CA 95713, or by dropping them off at City Hall, 33 S. Main Street, Colfax CA 95713.

Comments received will be submitted to Council and made a part of the record. 1 CLOSED SESSION (None)
2 OPEN SESSION
2A. Call Open Session to Order
2B. Pledge of Allegiance
2C. Roll Call
2D. Approval of Agenda Order
Thisisthe time for changesto the agenda to be considered including removal, postponement, or change to the agenda sequence.

Recommended Action: By motion, accept the agenda as presented or amended. 2E. Statement of Conflict of Interest
3 CONSENT CALENDAR
Matters on the Consent Calendar are routine in nature and will be approved by one blanket motion with a Council vote. No discussion of these items ensues unless specific items are pulled for discussion and separate action. If you wish to have an item pulled from the Consent Agenda for discussion, please notify the Mayor.

Recommended Action: Approve Consent Calendar
3A. Minutes
Recommended Action: By Motion, approve the Colfax City Council minutes of 4/10/2024.

Pages 5-7
1 3B. Cash Summary – March 2024
Recommended Action: Accept and file.
3C. Quarterly Investment Report – Quarter Ended March 31, 2024 Recommended Action: Accept and file.
3D. R3 Consulting for SB 1383 Agreement for Compliance Assistance Recommended Action: Adopt Resolution __-2024 authorizing the City Manager to execute an agreement with R3 Consulting for SB 1383 compliance assistance in an amount not to exceed $50,000.
3E. Agreement for Services – City Engineer – Cartwright Nor Cal Recommended Action: Adopt Resolution __-2024 authorizing the City Manager to enter into a contract agreement with Cartwright Nor Cal for City Engineering Services for a term of 3-years with an option for a 2-year extension.
3F. Construction Materials and Compaction Testing Services for CDBG Road Rehabilitation Project
Recommended Action: Adopt Resolution __-2024 awarding and authorizing the City Manager to execute a Construction Materials and Compaction Testing Services contract with Geocon in the amount of $41,490 with a 15% contingency for a total amount not to exceed $47,724 for the CDBG Road Rehabilitation Project.
3G. Construction Management Services for CDBG Road Rehabilitation Project Recommended Action: Adopt Resolution __-2024 awarding and authorizing the City Manager to execute a Construction Management Services contract with Psomas in the amount of $338,256 with a 15% contingency for a total amount not to exceed $388,995 for the CDBG Road Rehabilitation Project.
*** End of Consent Calendar ***
4 AGENCY REPORTS
4A. Placer County Sheriff’s Office
4B. California Highway Patrol
4C. Placer County Fire Department/CALFIRE
4D. Non-Profits
5 PRESENTATIONS (None)
6 PUBLIC HEARING (None)
7 PUBLIC COMMENT
Members of the public are permitted to address the Council orally or in writing on matters of concern to the public within the subject matter jurisdiction of the City that are not listed on this agenda. Please make your comments as succinct as possible. Oral comments made at the meeting may not exceed five (5) minutes per speaker. Written comments should not exceed 800 words. Written comments received before the close of an agenda item may be read into the record, with a maximum allowance of five (5) minutes in length. Council cannot act on items not listed on this agenda but may briefly respond to statements made or questions posed, request clarification, refer the matter to staff, or place the matter on a future agenda.

Pages 8-14
Pages 15-23
Pages 24-41
Pages 42-57
Pages 58-80
Pages 81-102
2 I, Amanda Ahre, City Clerk for the City of Colfax, declare that this agenda was posted in accordance with the Brown Act at Colfax City Hall and Colfax Post Office. The agenda is also available on the City website at http://colfax-ca.gov/
Amanda Ahre, City Clerk
Administrative Remedies must be exhausted prior to action being initiated in a court of law. If you challenge City Council action in court, you may be 8 COUNCIL AND STAFF
The purpose of these reports is to provide information to the Council and public on projects, programs, and issues discussed at committee meetings and other items of Colfax related information. No decisions will be made on these issues. If a member of the Council prefers formal action be taken on any committee reports or other information, the issue will be placed on a future Council meeting agenda.
8A. Committee Reports and Colfax InformationalItems – All Councilmembers 8B. City Operations Update – City Manager
9 COUNCIL BUSINESS
9A. Future Skate Park Location
Recommended Action: Discuss and provide direction to staff 9B. Agreement Between the City of Colfax and the County of Placer for funding to build a Skate Park Feature at Lion’s Park.

Recommended Action: Adopt Resolution __-2024 authorizing the City Manager to execute an agreement between the City of Colfax and the County of Placer for funding to build a skate park. 9C. Animal Control Contract
Recommended Action: Adopt Resolution __-2024 approving and authorizing the City Manager to sign an agreement with Placer County Department of Health and Human Services for Animal Control and Care Services for a two-year term in an amount not to exceed $84,897. 9D. 3rd of July Funding Request
Recommended Action: Adopt Resolution __-2024 approving a $5,000 to $8,000 donation to Festivals-of-Cali-805 to help fund the 2024 3rd of July Event. 10 GOOD OF THE ORDER
Informal statements, observation reports and inquiries regarding the business of the City may be presented by Councilmembers under this agenda item or requests for placement of items of interest on a future agenda. No action will be taken.
10A. Public Comment on Good of the Order
Members of the public are permitted to address the Council on matters that relate to general welfare of the City that have not been previously discussed on this agenda. Oral comments may not exceed five (5) minutes. Written comments should not exceed 800 words.
11 ADJOURNMENT

Page 103 ends

Pages 104-194
Pages 195-204
Pages 205-206
3 limited to raising only those issues you or someone else raised at a public hearing described in this notice/agenda, or in written correspondence delivered to the City Clerk of the City of Colfax at, or prior to, said public hearing.

LEVINE ACT WARNING: In certain instances, parties, participants, and their agents before the City Council are subject to the campaign disclosure provisions detailed in Government Code Section 84308, California Code of Regulations Sections 18438.1 through 18438.8, and Fair Political Practices Commission Opinion 0-22-002. All parties, participants, and their agents are hereby directed to review these sections for compliance. If you believe that these provisions apply to you or a Council Member, please inform the City Clerk at the earliest possible opportunity. 4 CityCouncil Minutes
Regular Meeting of Colfax City Council
Wednesday, April 24, 2024
City Hall Council Chambers, 33 S Main Street,
Colfax CA and attended via Teleconference through ZOOM
2 OPEN SESSION
2A. CallOpen Session to Order – Mayor Douglass called the Open Session to order at 6:00 p.m. 2B. Pledge of Allegiance – Dirk Gifford, President of the Colfax Area Historical society, led the pledge of allegiance
2C. Roll Call

Present: Councilmember Hillberg, Mayor Pro Tem Lomen, Mayor Douglass

Absent: Councilmember Burruss, Councilmember McCully
2D. Approval of Agenda Order
MOTION made by Mayor Pro Tem Lomen and seconded by Councilmember Hillberg, and approved by the following vote:

AYES: Hillberg, Lomen, Douglass
NOES:

ABSTAIN:

ABSENT: Burruss, McCully
2E. Statement of Conflict of Interest – No conflicts were identified by the Council or the public. 3 CONSENT CALENDAR
Item 3B. was pulled by Mayor Pro Tem Lomen
3A. Minutes
Recommendation: By Motion, approve the Colfax City Council minutes of 03/27/2024. ***End of Consent Calendar***
MOTION made by Mayor Pro Tem Lomen, Seconded by Councilmember Hillberg and approved by the following vote:

AYES: Hillberg, Lomen, Douglass
NOES:

ABSTAIN:

ABSENT: Burruss, McCully
3B. Minutes
Recommendation: By Motion, approve the Colfax City Council minutes of 04/10/2024.

Mayor Pro Tem Lomen corrected that on item 5A. of the 4/10/2024 minutes that he was a no vote.

Motion made by Mayor Pro Tem Lomen to approve corrected minutes, seconded by Councilmember Hillberg and approved by the following vote:

AYES: Hillberg, Lomen, Douglass
NOES:

ABSTAIN:

ABSENT: Burruss, McCully
5 4 Agency Reports
4A. Placer County Sheriff’s – Deputy John Tanarome introduced Gina Doris who is a new Law Enforcement Chaplain
4B. CHP – Nothing to report.

A member of the audience inquired about possible state legislature where your car will warn you if you are going 5 MPH over the speed limit, and about speeding on I80 and the ticketing process 4C. Placer County Fire/CALFIRE – Bob Counts reported that Battalion Chief Jeff Loveless was promoted to Assistant Chief at the Sacramento Headquarters 4D. Non-Profits – Jim Wood with Placer Sierra Railroad Heritage Society reported on the newly installed Railroad webcam on top of the Depot and the viewer traffic they are having and feels that it could be beneficial in bringing tourism to Colfax.
5 PRESENTATION
5A. Pre-Budget Presentation
Presented By: Pete Jessup University
Diane Green asked how the public could work with the council on the budget.

City Manager Walker informed her she could attend the public budget workshop. 6 PUBLIC HEARING (None)
7 PUBLIC COMMENT
Dirk Gifford, President of the Colfax Area Historical Society, and Irene Allen, Director of the Colfax Heritage Museum, introduced a proposal for a Colfax Heritage Park in the grassy area next to the Museum. They are asking that the City consider using some of the Non-Profit budget to help with this.

Mayor Pro Tem suggested forming a request for a specific amount of money they would like donated so that Council can discuss the request.

Swend Miller, Director of the Historical Society Archives, has concerns that the City has helped with the cost of fireworks for events in the past, and is requesting the Council consider using that money toward other items for the City.
8 COUNCIL AND STAFF
8A. Committee Reports and Colfax Informational Items – All Councilmembers.

Mayor Pro Tem Lomen – Nothing to Report
Councilmember Hillberg – Attended Placer Sierra Railroad Heritage Society meeting. Suggested creating a non-profit to help with the possibility of a Colfax Heritage Park.

Mayor Douglass – Attended Placer County Economic Development board meeting, the Colfax Flea Market, and the health expo that was at the Depot.
8B. City Operations Update – City Manager
City Manager Walker reported CBDG Road rehabilitation project kick-off meeting is April 30th, I&I is getting close to paving, algae project, reminded everyone the Sewer rater workshop is May 1, 2024, Colfax hotel has submitted plans for approval, and the ARCO EV charging station has been approved by building.
6 9 COUNCIL BUSINESS
9A. Caboose Relocation Ad Hoc Committee Assignment
Recommended Action: Discuss and by motion, assign City Council members to the Caboose.

Relocation Ad Hoc Committee Assignment
MOTION made by Mayor Pro Tem Lomen to assign Councilmembers McCully and Hillberg to the Caboose Relocation Ad Hoc Committee, and seconded by Councilmember Hillberg and approved by the following vote:

AYES: Hillberg, Lomen, Douglass
NOES:

ABSTAIN:

ABSENT: Burruss, McCully
City Manager Walker stated the Ad Hoc Committee is more than just moving the caboose, but also about eventually forming an outdoor walking museum with train memorabilia next to the indoor museum.

Diane Green asked how the public can help with the Caboose relocation.

Swind Miller recommended a membership to the Colfax Area Historical Society to help with the Depot project.
10 GOOD OF THE ORDER
Mayor Pro Tem Lomen reported that the Pioneer community board meeting is tomorrow.

Councilmember Hillberg discussed concerns over using Facebook to live feed Council meetings and thinks the City should own the rights to all of their videos.

Mayor Pro Tem Lomen stated that the City does own several copies of the videos, and they are available on the City’s website.

Mayor Douglass would like to find a way for Union Pacific’s Big Boy No. 4014 train to stop in Colfax. 10A.Public Comment on Good of the Order
No Public comment on good of the order.
11 ADJOURNMENT
As there was no further business on the agenda, Mayor Douglass adjourned the meeting, by motion and without objection at 6:58 p.m. Respectfully submitted to City Council this 8th day of May 2024.

Amanda Ahre, City Clerk
7 Staff Report to City Council
FOR THE MAY 8, 2024 REGULAR CITY COUNCIL MEETING
From: Ron Walker, City Manager
Prepared by: Shanna Stahl – Administrative Services Officer Subject: Cash Summary – March 2024
Budget Impact Overview:

N/A: √ Funded: Un-funded: Amount: Fund(s):

Summary/Background
The monthly financial report includes General Fund Reserved Cash Analysis Graphs and the City of Colfax Cash Summary Report (with supporting documentation). The purpose of these reports is to provide the status of funds and transparency for Council and the public regarding the financial transactions of the City. The reports are prepared monthly on a cash basis and are reconciled to the General Ledger accounting system, previous reports, and bank statements. Detailed budget comparisons are provided as a mid-year report and as part of the proposed budget process each year.

The attached reports reflect an overview of the financial transactions of the City of Colfax in March 2024. Some monthly highlights are listed below:
• March revenues included:
o Allocation for Sales Tax revenues reported/paid to the State for the month of January 2024 (twomonth lag). o Reimbursement from the State Water Resources Control Board on the WWTP Construction Grant. • March expenditures included:
o Third quarter fiscal year 2023-2024 Placer County Sheriff contract payment. o Approved capital project expenditures – expenditures on WWTP Construction Grant and other grant funded projects.
• Negative cash fund balances at the end of March are primarily due to the timing of funding allocations and reimbursements:
o Fund 250 – Streets – Roads/Transportation. These expenses are funded by annual Transportation funding through Placer County Transportation Agency (PCTPA), transfer of City Gas Tax revenues, and a General Fund allocation. Allocations and transfers will be recorded with the final fiscal year accounting processes.
o Fund 300 – Corporation Yard – This is the project for installation of a metal storage building at the Corporation Yard. Funded by General Fund 100.
o Fund 358 – CDBG Road Rehabilitation. This is a reimbursable grant – the final funding of the grant was awarded in November. CDBG has approved the start date of expenditures. The City will begin the reimbursement request process in April. City restricted Streets funds will also be used on this project as the City match.

RECOMMENDED ACTION: Accept and File.
8 o Fund 367 – SB2 Planning Grant – Final reimbursement for project is pending payment. o Fund 376 – Downtown Streetscape – This project is primarily (89%) funded with grant funds on a reimbursement basis. Reimbursement requests are submitted on a quarterly basis. The balance of funding (11%) will be a City General Fund match. Final accounting will be completed by the end of the fiscal year.
o Fund 575 – WWTP Construction Grant. This is a reimbursable grant. Reimbursement requests are scheduled to be submitted at least quarterly.
o Fund 577 – Capital Projects. This is the project for the installation of a metal storage building at the Wastewater Treatment Plant. The project is slated to be funded by Fund 564 – Sewer Connection Fees. Funds to be transferred at project completion. o Fund 590 – Sewer Consolidation Planning Grant. This is a reimbursable grant – reimbursement requests are scheduled to be submitted quarterly upon final award of application grant. • Anticipated revenues/expenditures for April include:
o Revenues
 Allocation for Sales Tax revenues reported/paid to the State for the month of February 2024 (two-month lag).
 Capital project reimbursements.
o Expenditures
 Approved capital project expenditures. We anticipate continued large expenditures for the Wastewater Treatment Plant Construction project as the I/I Mitigation and Algae Reduction phases continue construction.
 Ongoing monthly operating expenses.

Attachments:

1. General Fund Reserved Cash Analysis Graph

2. Cash Activity Reports
a. Cash Summary
b. Cash Transactions Report – by individual fund
c. Check Register Report - Accounts Payable
9 Prev Yr Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Cash Balance FY2023-24 $3,911 $3,785 $3,834 $3,638 $3,789 $3,911 $3,791 $4,162 $4,263 $4,124 Cash Balance FY2022-23 $3,418 $3,412 $3,568 $3,396 $3,451 $3,644 $3,560 $3,935 $4,039 $3,819 $3,765 $4,087 $3,911 Cash Balance FY2021-22 $2,857 $2,831 $2,953 $2,833 $2,943 $2,946 $2,794 $3,120 $3,088 $2,971 $3,004 $3,462 $3,418 Cash Balance FY2020-21 $2,311 $2,392 $2,497 $2,386 $2,402 $2,463 $2,393 $2,688 $2,760 $2,612 $2,771 $3,023 $2,857 Cash Balance FY2019-20 $2,013 $2,069 $2,169 $2,110 $2,170 $2,467 $2,373 $2,747 $2,730 $2,615 $2,627 $2,910 $2,311 *Reserves (Ops, Cap, Pen) $1,095 $1,145 $1,145 $1,145 $1,145 $1,145 $1,145 $1,145 $1,145 $1,145 $1,145 $1,145 $1,145 Budget FY2023-24 $3,911 $3,911 $3,911 $3,911 $3,911 $3,911 $3,911 $3,911 $3,911 $3,911 $3,911 $3,911 $3,911 $-
$500
$1,000
$1,500
$2,000
$2,500
$3,000
$3,500
$4,000
$4,500
City of Colfax - March
2024 General Fund Reserved Cash Analysis
(Dollars in Thousands)
Fiscal Year 2023-24 >>
10 Balance 2/29/24 Revenues In* Expenses Out* Transfers Balance 3/31/24 US Bank $ 254,799.67 $ 1,342,256.60 $ (1,209,466.38) $ (300,000.00) $ 87,589.89 LAIF $ 6,448,517.76 $ - $ - $ 300,000.00 $ 6,748,517.76 Total Cash - General Ledger 6,703,317.43 $ $ 1,342,256.60 $ (1,209,466.38) $ 6,836,107.65 - $ Petty Cash (In Safe) $ 300.00 $ 300.00
Total Cash $ 6,703,617.43 $ 1,342,256.60 $ (1,209,466.38) $ - 6,836,407.65 $ Change in Cash Account Balance - Total $ 132,790.22
Attached Reports:

1. Cash Transactions Report (By Individual Fund)

2. Check Register Report (Accounts Payable) $ (1,117,682.11) Cash Receipts $ 1,160,217.16
Payroll Checks and Tax Deposits $ (74,910.67)
Utility Billings - Receipts $ 160,305.84
LAIF Interest $ -
Void CK - #60371 $ 4,860.00
$ 132,790.22 $ 0.00
*Does not include transfers between funds
Prepared by:

Shanna Stahl, Administrative Services Officer
Reviewed by:

Ron Walker, City Manager
City of Colfax
Cash Summary
March 31, 2024
Shanna Stahl
Ron Walker
11 Beginning
Balance
Debit
Revenues
Credit
(Expenditures)
Ending
Balance
Fund Type: 1.11 - General Fund - Unassigned
Fund: 100 - General Fund $ 4,084,440.59 $ 129,930.21 $ (308,962.30) $ 3,905,408.50 Fund: 120 - Land Development Fees $ 195,765.27 $ 8,223.97 $ (1,515.00) $ 202,474.24 Fund: 200 - Cannabis Application $ 15,281.73 $ 1,086.91 $ - $ 16,368.64 Fund Type: 1.11 - General Fund - Unassigned $ 4,295,487.59 $ 139,241.09 $ (310,477.30) $ 4,124,251.38 Fund Type: 1.14 - General Fund - Restricted
Fund: 205 - Escrow Funds $ 39,737.00 $ - $ (36,500.00) $ 3,237.00 Fund: 571 - AB939 Landfill Diversion $ 23,317.26 $ - $ - $ 23,317.26 Fund: 572 - Landfill Post Closure Maintenance $ 870,844.13 $ - $ (4,653.54) $ 866,190.59 Fund Type: 1.14 - General Fund - Restricted $ 933,898.39 $ - $ (41,153.54) $ 892,744.85 Fund Type: 1.24 - Special Rev Funds - Restricted
Fund: 210 - Mitigation Fees - Roads $ 147,493.71 $ - $ - $ 147,493.71 Fund: 211 - Mitigation Fees - Drainage $ 5,637.35 $ - $ - $ 5,637.35 Fund: 212 - Mitigation Fees - Trails $ 78,313.89 $ - $ - $ 78,313.89 Fund: 213 - Mitigation Fees - Parks/Rec $ 194,614.46 $ - $ - $ 194,614.46 Fund: 214 - Mitigation Fees - City Bldgs $ 105,794.85 $ - $ - $ 105,794.85 Fund: 215 - Mitigation Fees - Vehicles $ 23,105.42 $ - $ - $ 23,105.42 Fund: 217 - Mitigation Fees - DT Parking $ 35,647.48 $ - $ - $ 35,647.48 Fund: 218 - Support Law Enforcement $ 18,876.24 $ 11,961.35 $ (25,000.00) $ 5,837.59 Fund: 244 - CDBG Program Inc - ME Lending $ 508.07 $ - $ - $ 508.07 Fund: 250 - Streets - Roads/Transportation $ (74,713.95) $ - $ (13,509.66) $ (88,223.61) Fund: 253 - Gas Taxes $ 23,773.41 $ 11,202.40 $ (1,579.31) $ 33,396.50 Fund: 257 - Street /Road - Transit Capital $ 48,346.04 $ - $ - $ 48,346.04 Fund: 258 - Road Maintenance - SB1/RSTBG $ 250,035.99 $ 4,142.67 $ - $ 254,178.66 Fund: 270 - Beverage Container Recycling $ 19,962.33 $ - $ - $ 19,962.33 Fund: 280 - Oil Recycling $ 3,936.14 $ - $ - $ 3,936.14 Fund: 290 - SB1383 Implementation Grant $ 15,614.11 $ - $ - $ 15,614.11 Fund: 292 - Fire Department Capital Funds $ 97,472.95 $ - $ - $ 97,472.95 Fund: 342 - Fire Construction - Mitigation $ 82,744.47 $ - $ - $ 82,744.47 Fund: 343 - Recreation Construction $ 82,744.95 $ - $ - $ 82,744.95 Fund: 367 - SB2 - Planning Grant $ (14,879.82) $ - $ - $ (14,879.82) Fund: 376 - Downtown Streetscape $ (68,863.95) $ - $ (26,699.80) $ (95,563.75) Fund: 378 - Zoning Code Update $ - $ - $ - $ -
Fund Type: 1.24 - Special Rev Funds - Restricte $ 1,076,164.14 $ 27,306.42 $ (66,788.77) $ 1,036,681.79 Fund Type: 1.34 - Capital Projects - Restricted
Fund: 300 - GF Capital Projects $ (12,899.52) $ - $ - $ (12,899.52) Fund: 358 - CDBG Pavement $ (396,098.64) $ - $ (21,762.50) $ (417,861.14) Fund Type: 1.34 - Capital Projects - Restricted $ (408,998.16) $ - $ (21,762.50) $ (430,760.66) Fund Type: 2.11 - Enterprise Funds
Fund: 560 - Sewer $ 1,873,086.53 $ 101,400.54 $ (112,726.12) $ 1,861,760.95 Fund: 561 - Sewer Liftstations $ 614,859.14 $ 15,981.78 $ (18,702.43) $ 612,138.49 Fund: 563 - Wastewater Treatment Plant $ 1,063,920.63 $ 46,564.77 $ - $ 1,110,485.40 Fund: 564 - Sewer Connections $ 321,774.88 $ - $ - $ 321,774.88 Fund: 575 - WWTP Construction Grant $ (3,016,295.86) $ 1,011,762.00 $ (635,278.00) $ (2,639,811.86) Fund: 577 - Capital Projects $ (7,229.51) $ - $ - $ (7,229.51) Fund: 590 - Sewer Consolidation Planning $ (46,114.06) $ - $ (380.00) $ (46,494.06) Fund Type: 2.11 - Enterprise Funds - Unassign $ 804,001.75 $ 1,175,709.09 $ (767,086.55) $ 1,212,624.29 Fund Type: 9.0 - CLEARING ACCOUNT
Fund: 998 - PAYROLL CLEARING FUND $ 2,763.72 $ - $ (2,197.72) $ 566.00 Fund Type: 9.0 - CLEARING ACCOUNT $ 2,763.72 $ - $ (2,197.72) $ 566.00 Grand Totals: $ 6,703,317.43 $ 1,342,256.60 $ (1,209,466.38) $ 6,836,107.65 City of Colfax
Cash Transactions Report - March 2024
12 CITY OF COLFAX
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number Vendor Name Check Description
US BANK Page: 1
Time: 10:39 am
Date: 04/19/2024
Void/Stop
Date
Reconcile
Date
US BANK Checks
60389 03/08/24 Reconciled 03/31/24 03141 CALPERS HEALTH PREMIUMS MAR 2024 12,716.42 60390 03/11/24 Reconciled 03/31/24 01142 4LEAF, INC. PW SUP TRAINING JAN 2024 370.00 60391 03/11/24 Reconciled 03/31/24 01270 ADAMS ASHBY GROUP, INC. CDBG LABOR COMPLIANCE DEC 2023 5,500.00 60392 03/11/24 Reconciled 03/31/24 01270 ADAMS ASHBY GROUP, INC. CDBG GEN ADMIN DEC 2023 5,000.00 60393 03/11/24 Reconciled 03/31/24 01448 AMERIGAS - COLFAX DEPOT PHONE 94.34 60394 03/11/24 Reconciled 03/31/24 01448 AMERIGAS - COLFAX DEPOT PROPANE 76.78 60395 03/11/24 Reconciled 03/31/24 8062 CATHERINE HANSFORD SEWER RATE STUDY FEB 2024 5,107.54 60396 03/11/24 Reconciled 03/31/24 7798 G&T TRUCK REPAIR VAC TRAILER RPR 600.00 60397 03/11/24 Reconciled 03/31/24 07570 GRAINGER WWTP SUPPLIES 186.42 60398 03/11/24 Reconciled 03/31/24 07570 GRAINGER WWTP SUPPLIES 19.82 HANSEN BROS. 29.97

ENTERPRISES
60399 03/11/24 Reconciled 03/31/24 08070 SAND BAG SAND
60400 03/11/24 Reconciled 03/31/24 08170 HILLS FLAT LUMBER CO SUPPLIES 838.77 HOME DEPOT CREDIT 74.00

SERVICES
60401 03/11/24 Reconciled 03/31/24 08501 SAND BAGS
60402 03/11/24 Reconciled 03/31/24 08660 HUNT AND SONS, INC. FUEL 340.15 MANAGEMENT ADVISORY 7,186.73

SERVICES
60403 03/11/24 Reconciled 03/31/24 13191 PLANNING SVCS FEB 2024 60404 03/11/24 Reconciled 03/31/24 19390 MAR-VAL'S SIERRA MARKET WATER 12.18 NORTHERN CALIFORNIA 803.61
GLOVE
60405 03/11/24 Reconciled 03/31/24 14356 WORK GLOVES
PELLETREAU, ALDERSON & 13,511.86
CABRAL
60406 03/11/24 Reconciled 03/31/24 16011(2) LEGAL SVCS FEB 2024 PLACER COUNTY SHERIFF 230,372.00
DEPT.
60407 03/11/24 Reconciled 03/31/24 16200 Q3 FY 23/24 SHERIFF CONTRACT 60408 03/11/24 Reconciled 03/31/24 16821 PSOMAS WWTP CONST GRANT JAN 2024 45,309.25 60409 03/11/24 Reconciled 03/31/24 19037 SAFE SIDE SECURITY CORP YARD SECURITY MAR 2024 155.00 60410 03/11/24 Reconciled 03/31/24 19037 SAFE SIDE SECURITY WWTP SECURITY MAR 2024 95.00 SECURE RECORD 75.00

MANAGEMENT
60411 03/11/24 Reconciled 03/31/24 19193 SHREDDING SVCS Q3 FY 23/24 60412 03/11/24 Reconciled 03/31/24 23169 WAVE BUSINESS SOLUTIONS DEPOT PHONE 18.77 60413 03/11/24 Reconciled 03/31/24 18883 WAXIE SANITARY SUPPLY SUPPLIES 196.40 60414 03/15/24 Reconciled 03/31/24 1161 49ER WATER SERVICES WWTP WELL DESTRUCTION 2,432.07 ALHAMBRA & SIERRA 232.84

SPRINGS
60415 03/15/24 Reconciled 03/31/24 01414 WATER
60416 03/15/24 Reconciled 03/31/24 01448 AMERIGAS - COLFAX Depot Propane 216.19 BUREAU VERITAS NORTH 7,020.00

AMERICA
60417 03/15/24 Reconciled 03/31/24 02901 BLDG OFFICIAL SVCS JAN 2024 BUREAU VERITAS NORTH 6,660.00

AMERICA
60418 03/15/24 Reconciled 03/31/24 02901 BLDG OFFICIAL SVCS FEB 2024 60419 03/15/24 Reconciled 03/31/24 03401 CHOICE BUILDER PREMIUMS APR 2024 834.85 60420 03/15/24 Reconciled 03/31/24 3425 CINTAS UNIFORMS FEB 2024 562.70 60421 03/15/24 Printed 03435 CITY OF AUBURN CITY CLERK SVCS FEB 2024 856.11 60422 03/15/24 Reconciled 03/31/24 3468 CIVICWELL DEC 2023 DOWNTOWN 14,529.75

STREETSCAPE
60423 03/15/24 Reconciled 03/31/24 3494 COLANTUONO, HIGHSMITH & LEGAL MATTER FEB 2024 469.95 60424 03/15/24 Reconciled 03/31/24 3505 COLFAX AUBURN LLC RETURN OF SECURITY DEPOSIT 36,500.00 COMMERCIAL PUMP 11,775.78

SERVICE, INC
60425 03/15/24 Reconciled 03/31/24 03562 VFD REPLACEMENT 60426 03/15/24 Reconciled 03/31/24 4187 DAWSON OIL COMPANY Dyed Diesel 442.13 60427 03/15/24 Reconciled 03/31/24 14859 GHD INC. ENGINEERING SERV JAN 2024 16,387.50 HINDERLITER, DE LLAMAS & 610.89
ASSOC
60428 03/15/24 Reconciled 03/31/24 08200 SLS TX AUDIT SERV Q3 FY 23/24 60429 03/15/24 Printed 013278 MNJ ADVISORS INC. CITY CLERK RECRUITMENT 9,026.04 60430 03/15/24 Reconciled 03/31/24 18400 NAPA AUTO PARTS SUPPLIES 62.35 60431 03/15/24 Reconciled 03/31/24 16035 PG&E ELECTRICITY FEB 2024 24,916.45 PLACER COUNTY 193.12

DOCUMENT
60432 03/15/24 Reconciled 03/31/24 16192 ENVELOPES
PLACER COUNTY FLOOD 2,430.00

CONTROL
60433 03/15/24 Reconciled 03/31/24 16170 ANNUAL CONTRIBUTION 2023-2024 60434 03/15/24 Reconciled 03/31/24 16040 PURCHASE POWER POSTAGE 503.50 13 CITY OF COLFAX
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:

Vendor
Number Vendor Name Check Description
US BANK Page: 2
Time: 10:39 am
Date: 04/19/2024
Void/Stop
Date
Reconcile
Date
US BANK Checks
60435 03/15/24 Reconciled 03/31/24 01790 SIERRA OFFICE PRODUCTS OFFICE SUPPLIES 59.68 VAN GRONINGEN & 3,333.75

ASSOCIATES
60436 03/15/24 Reconciled 03/31/24 22106 FINANCIAL SERV. FEB 2024 60437 03/15/24 Reconciled 03/31/24 22134 VISION QUEST TECH SUPPORT APRIL 2024 3,800.00 60438 03/15/24 Reconciled 03/31/24 22134 VISION QUEST TECH SUPPLIES FEB 2024 505.50 60439 03/15/24 Reconciled 03/31/24 23169 WAVE BUSINESS SOLUTIONS CITY HALL PHONE 215.84 60440 03/15/24 Reconciled 03/31/24 18883 WAXIE SANITARY SUPPLY PW SUPPLIES 363.41 60441 03/15/24 Reconciled 03/31/24 23301 WESTERN PLACER WASTE SLUDGE REMOVAL FEB 2024 458.94 60442 03/26/24 Printed 01270 ADAMS ASHBY GROUP, INC. CDBG GEN ADMIN FEB 2024 5,000.00 60443 03/26/24 Printed 02054 BANNER BANK STMT 3/20/24 29,339.46 BUREAU VERITAS NORTH 1,245.00

AMERICA
60444 03/26/24 Printed 02901 TESLA EV PLAN REVIEW
CALIFORNIA RURAL WATER 744.00
ASSOC
60445 03/26/24 Printed 03128(2) ANNUAL CRWA MEMBERSHIP APR 24 60446 03/26/24 Printed 3468 CIVICWELL DOWNTOWN STREETSCAPE JAN24 12,170.05 60447 03/26/24 Printed 3475 CLARK PEST CONTROL PEST CONTROL MARCH 2024 508.00 60448 03/26/24 Printed 04592 DACOMM WWTP INTERNET 103.45 DEPARTMENT OF WATER 21,075.00

RESOURCES
60449 03/26/24 Printed 04260 ANNUAL DAM FEE FY 24/25
60450 03/26/24 Printed 6203 FENNEMORE CRAIG, PC LEGAL MATTER 183.50 GOLD MOUNTAIN 400.00

CALIFORNIA
60451 03/26/24 Printed 07460 CDBG NOTICE TO BIDDERS
GOLD MOUNTAIN 400.00

CALIFORNIA
60452 03/26/24 Printed 07460 CBDG NOTICE TO BIDDERS
GOLD MOUNTAIN 400.00

CALIFORNIA
60453 03/26/24 Printed 07460 RFQ ENGINEER SERVICES
60454 03/26/24 Printed 07570 GRAINGER WWTP SUPPLIES 27.92 60455 03/26/24 Printed 07570 GRAINGER WWTP SUPPLIES 26.24 HILL BROTHERS CHEMICAL 5,188.49
CO.
60456 03/26/24 Printed 08159 WWTP CHEMICALS
60457 03/26/24 Printed 08660 HUNT AND SONS, INC. FUEL 905.05 LAWRENCE & ASSOCIATES 1,208.75
INC
60458 03/26/24 Printed 12180 LANDFILL MONITORING FEB 24 60459 03/26/24 Printed 13239 MCGUIRE & HESTER I&I CONSTRUCTION MARCH 2024 264,055.07 60460 03/26/24 Printed 16300 PCWA -PLACER COUNTY WATER 1,078.26 60461 03/26/24 Printed 16751 PFADT, INC. OFFICE REPAIR 139.50 60462 03/26/24 Printed 19591 SECURITAS TECHNOLOGY DEPOT SECURITY Q4 FY 23/24 167.34 60463 03/26/24 Printed 14989 SMARTCOVER SYSTEMS SMARTFLOE WARRANTY 4,044.00 60464 03/26/24 Printed 21500 USA BLUE BOOK, INC WWTP SUPPLIES 595.71 VULCAN MATERIALS 363.04

COMPANY
60465 03/26/24 Printed 22240 CORP YARD SUPPLIES
60466 03/26/24 Printed 23169 WAVE BUSINESS SOLUTIONS CORP YARD INTERNET 67.87 60467 03/26/24 Printed 18883 WAXIE SANITARY SUPPLY SUPPLIES 765.34 60468 03/26/24 Printed 23453 WM LYLES ALGAE REDUCTION MAR 2024 293,391.72 Total Checks: 80 Checks Total (excluding void checks): 1,117,682.11 Total Payments: 80 Bank Total (excluding void checks): 1,117,682.11 Total Payments: 80 Grand Total (excluding void checks): 1,117,682.11 14 Staff Report to City Council
FOR THE MAY 8, 2024 REGULAR CITY COUNCIL MEETING
From: Ron Walker, City Manager
Prepared by: Shanna Stahl, Administrative Services Officer Subject: Quarterly Investment Report – Quarter ended March 31, 2024 Budget Impact Overview:

N/A: √ Funded: Un-funded: Amount: Fund(s):

California Government Code Section 53646 and the City of Colfax Investment Policy require a quarterly investment report be submitted to the City Council. Such report shall include at least the following information:
• Types of Investments;
• Name of the institution in which funds are invested or deposited; • Date of Maturity, if applicable;
• Par and dollar amount investment for all securities;
• Percent distribution of each type of investment or deposit; current market value as of the date of the report, including source of the valuation except those under LAIF; • Rate of interest;
• Average weighted yield of all investments;
• A statement relating the report to the City’s Investment Policy; and • A statement that there are sufficient funds to meet the City’s next six months of financial obligations.

The current practice for cash management is to maintain an operating balance between $75,000 and $150,000 in the City’s US Bank Corporate checking account. This account accumulates Earnings Credits based on the account balance which offset/reduce monthly service charges. City funds in excess of the targeted operating balance are transferred to the State of California Local Agency Investment Fund (LAIF) on a weekly basis. The checking account balance may be reported at an amount higher than the target balance by the Bank due to the timing of City checks being processed by vendors/service providers.

The City’s investment policy is authorized under the California Government Code, section 53600, et. seq. as it applies to the investment of public funds. The Government Code governs the City’s allowable investments, and the lengths of those investments. Our investment policy dictates that the City should have liquid short term securities to meet six months of financial obligations. The budget for fiscal year 2023-2024 reflects just over $4.9M in annual operating expenditures; therefore, our target for liquid short-term securities would be $2.45M.

The attached schedule Analysis of Treasury Investment Pool satisfies the State’s reporting requirements.

Additionally, we have determined:
• The investments held at March 31, 2024 conform to the City Investment Policy adopted by Resolution 29-2014.
• The composite yield of the City’s investment pool (US Bank and LAIF) to be the rate of 3.86% for the quarter ended March 31, 2024.
• There are sufficient funds on deposit to meet all anticipated City expenditures for the period April 1, 2024, through October 31, 2024.

RECOMMENDED ACTION: Accept and File
15 Historically, due to fluctuations in fund balances, investment opportunities outside the corporate checking and LAIF accounts have been somewhat limited. Staff will continue to review for opportunities, but at this time will continue with the current investment structure.

Attachments:

1. Analysis of Treasury Investment Pool

2. State of California – PMIA and LAIF Performance Report (QE 03/31/2024)

3. State of California – PMIA Average Monthly Effective Yields

4. Resolution 29-2014
16 City of Colfax
Analysis of Treasury Investment Pool
Quarterly Analysis - FY2023-2024
Report Date: 3/31/24
Type of Investment Financial Institution
Date of
Maturity
Investment
Amount
% of Total
Investment
Average
Investment
Yield
Investment Fund State Local Agency Investment Fund (LAIF) N/A $ 6,748,518 90% 4.12% Corporate Checking US Bank N/A $ 721,661 10% 0.16%
Total Investment Pool $ 7,470,178 100% 3.86%
Type of Investment Financial Institution
Date of
Maturity
Investment
Amount
% of Total
Investment
Average
Investment
Yield
Investment Fund State Local Agency Investment Fund (LAIF) N/A $ 6,897,060 94% 3.81% Corporate Checking US Bank N/A $ 417,074 6% 0.16%
Total Investment Pool $ 7,314,133 100% 3.60%
Type of Investment Financial Institution
Date of
Maturity
Investment
Amount
% of Total
Investment
Average
Investment
Yield
Investment Fund State Local Agency Investment Fund (LAIF) N/A $ 7,641,854 95% 3.42% Corporate Checking US Bank N/A $ 385,570 5% 0.16%
Total Investment Pool $ 8,027,424 100% 3.30%
Quarter Ended 03/31/2024
Quarter Ended 12/31/2023
Quarter Ended 09/30/2023
17 March 4.232
February 4.122
January 4.012
December 3.929
November 3.843
October 3.670
LAIF Apportionment Rate(2): 4.30
LAIF Earnings Ratio(2): 0.00011755619077389
LAIF Administrative Cost(1)*: 0.27
PMIA Average Life(1): 226
LAIF Fair Value Factor(1): 0.994191267
PMIA Daily(1): 4.22
PMIA Quarter to Date(1): 4.12
Treasuries

58.24%
Agencies

22.16%
Certificates of
Deposit/Bank Notes

9.23%
Time
Deposits

3.25%
Commercial
Paper

6.47%
Corporate
Bonds

0.43%
Loans

0.22%
Notes: The apportionment rate includes interest earned on the CalPERS Supplemental Pension Payment pursuant to Government Code 20825 (c)(1) and interest earned on the Wildfire Fund loan pursuant to Public Utility Code 3288 (a). *The percentage of administrative cost equals the total administrative cost divided by the quarterly interest earnings. The law provides that administrative costs are not to exceed 5% of quarterly EARNINGS of the fund. However, if the 13-week Daily Treasury Bill Rate on the last day of the fiscal year is below 1%, then administrative costs shall not exceed 8% of quarterly EARNINGS of the fund for the subsequent fiscal year.

Source:
(1) State of California, Office of the Treasurer
(2) State of Calfiornia, Office of the Controller
PMIA Average Monthly
Effective Yields(1)
PMIA/LAIF Performance Report
as of 4/17/24
Daily rates are now available here. View PMIA Daily Rates Quarterly Performance
Quarter Ended 03/31/24
Chart does not include $2,005,000.00 in mortgages, which equates to 0.001%. Percentages may not total 100% due to rounding.

Pooled Money Investment Account
Monthly Portfolio Composition (1)
3/31/24
$156.5 billion
18 4/16/24, 1:35 PM PMIA Average Monthly Effective Yields https://www.treasurer.ca.gov/pmia-laif/historical/avg_mn_ylds.asp 1/1 Home | Comments | Disclosure Notice | Privacy Notice | Accessibility Statement | Unclaimed Property | Site Map | Download Adobe Reader © 2024 California State Treasurer's Office
Home ->> PMIA ->> PMIA Average Monthly Effective Yields PMIA Average Monthly Effective Yields
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
1977 5.770 5.660 5.660 5.650 5.760 5.850 5.930 6.050 6.090 6.090 6.610 6.730 1978 6.920 7.050 7.140 7.270 7.386 7.569 7.652 7.821 7.871 8.110 8.286 8.769 1979 8.777 8.904 8.820 9.082 9.046 9.224 9.202 9.528 9.259 9.814 10.223 10.218 1980 10.980 11.251 11.490 11.480 12.017 11.798 10.206 9.870 9.945 10.056 10.426 10.961 1981 10.987 11.686 11.130 11.475 12.179 11.442 12.346 12.844 12.059 12.397 11.887 11.484 1982 11.683 12.044 11.835 11.773 12.270 11.994 12.235 11.909 11.151 11.111 10.704 10.401 1983 10.251 9.887 9.688 9.868 9.527 9.600 9.879 10.076 10.202 10.182 10.164 10.227 1984 10.312 10.280 10.382 10.594 10.843 11.119 11.355 11.557 11.597 11.681 11.474 11.024 1985 10.579 10.289 10.118 10.025 10.180 9.743 9.656 9.417 9.572 9.482 9.488 9.371 1986 9.252 9.090 8.958 8.621 8.369 8.225 8.141 7.844 7.512 7.586 7.432 7.439 1987 7.365 7.157 7.205 7.044 7.294 7.289 7.464 7.562 7.712 7.825 8.121 8.071 1988 8.078 8.050 7.945 7.940 7.815 7.929 8.089 8.245 8.341 8.397 8.467 8.563 1989 8.698 8.770 8.870 8.992 9.227 9.204 9.056 8.833 8.801 8.771 8.685 8.645 1990 8.571 8.538 8.506 8.497 8.531 8.538 8.517 8.382 8.333 8.321 8.269 8.279 1991 8.164 8.002 7.775 7.666 7.374 7.169 7.098 7.072 6.859 6.719 6.591 6.318 1992 6.122 5.863 5.680 5.692 5.379 5.323 5.235 4.958 4.760 4.730 4.659 4.647 1993 4.678 4.649 4.624 4.605 4.427 4.554 4.438 4.472 4.430 4.380 4.365 4.384 1994 4.359 4.176 4.248 4.333 4.434 4.623 4.823 4.989 5.106 5.243 5.380 5.528 1995 5.612 5.779 5.934 5.960 6.008 5.997 5.972 5.910 5.832 5.784 5.805 5.748 1996 5.698 5.643 5.557 5.538 5.502 5.548 5.587 5.566 5.601 5.601 5.599 5.574 1997 5.583 5.575 5.580 5.612 5.634 5.667 5.679 5.690 5.707 5.705 5.715 5.744 1998 5.742 5.720 5.680 5.672 5.673 5.671 5.652 5.652 5.639 5.557 5.492 5.374 1999 5.265 5.210 5.136 5.119 5.086 5.095 5.178 5.225 5.274 5.391 5.484 5.639 2000 5.760 5.824 5.851 6.014 6.190 6.349 6.443 6.505 6.502 6.517 6.538 6.535 2001 6.372 6.169 5.976 5.760 5.328 4.958 4.635 4.502 4.288 3.785 3.526 3.261 2002 3.068 2.967 2.861 2.845 2.740 2.687 2.714 2.594 2.604 2.487 2.301 2.201 2003 2.103 1.945 1.904 1.858 1.769 1.697 1.653 1.632 1.635 1.596 1.572 1.545 2004 1.528 1.440 1.474 1.445 1.426 1.469 1.604 1.672 1.771 1.890 2.003 2.134 2005 2.264 2.368 2.542 2.724 2.856 2.967 3.083 3.179 3.324 3.458 3.636 3.808 2006 3.955 4.043 4.142 4.305 4.563 4.700 4.849 4.946 5.023 5.098 5.125 5.129 2007 5.156 5.181 5.214 5.222 5.248 5.250 5.255 5.253 5.231 5.137 4.962 4.801 2008 4.620 4.161 3.777 3.400 3.072 2.894 2.787 2.779 2.774 2.709 2.568 2.353 2009 2.046 1.869 1.822 1.607 1.530 1.377 1.035 0.925 0.750 0.646 0.611 0.569 2010 0.558 0.577 0.547 0.588 0.560 0.528 0.531 0.513 0.500 0.480 0.454 0.462 2011 0.538 0.512 0.500 0.588 0.413 0.448 0.381 0.408 0.378 0.385 0.401 0.382 2012 0.385 0.389 0.383 0.367 0.363 0.358 0.363 0.377 0.348 0.340 0.324 0.326 2013 0.300 0.286 0.285 0.264 0.245 0.244 0.267 0.271 0.257 0.266 0.263 0.264 2014 0.244 0.236 0.236 0.233 0.228 0.228 0.244 0.260 0.246 0.261 0.261 0.267 2015 0.262 0.266 0.278 0.283 0.290 0.299 0.320 0.330 0.337 0.357 0.374 0.400 2016 0.446 0.467 0.506 0.525 0.552 0.576 0.588 0.614 0.634 0.654 0.678 0.719 2017 0.751 0.777 0.821 0.884 0.925 0.978 1.051 1.084 1.111 1.143 1.172 1.239 2018 1.350 1.412 1.524 1.661 1.755 1.854 1.944 1.998 2.063 2.144 2.208 2.291 2019 2.355 2.392 2.436 2.445 2.449 2.428 2.379 2.341 2.280 2.190 2.103 2.043 2020 1.967 1.912 1.787 1.648 1.363 1.217 0.920 0.784 0.685 0.620 0.576 0.540 2021 0.458 0.407 0.357 0.339 0.315 0.262 0.221 0.221 0.206 0.203 0.203 0.212 2022 0.234 0.278 0.365 0.523 0.684 0.861 1.090 1.276 1.513 1.772 2.007 2.173 2023 2.425 2.624 2.831 2.870 2.993 3.167 3.305* 3.434 3.534 3.670 3.843 3.929 2024 4.012 4.122 4.232
* Revised
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19 City of Colfax
City Council
Resolution NQ 29-2014

AFFIRMING ADMINISTRATIVE POLICIES AND PROCEDURES FOR FINANCIAL

MANAGEMENT, INVESTMENT AND WHISTLEBLOWERS
Whereas, the Colfax City Council has determined that the administrative policies for financial management, investment and whistleblowers are important to the smooth and consistent financial operations of the City; and,
Whereas, these policies have not been updated for several years; and Whereas, the annual independent audit recommended such policies be updated and in place; and,
Whereas, the Council has reviewed the attached policies, Now Therefore, Be It Resolved by the City Council of the City of Colfax that the administrative policies attached hereto are hereby affirmed.

Passed and Adopted this 8th day of October by the following vote:

Ayes:

Noes:

Absent:

ATTEST:

Douglass, Hesch, McKinney, Parnham
None
Barkle
Tony' sch, Mayor ~
20 CITY OF COLFAX

ADMINISTRATIVE POLICIES AND PROCEDURES
Subject:

Effective Date:

Resolution:

Investment Policy
October 8,2014
Resolution No. 29-2014

SCOPE AND AUTHORITY
The purpose of this policy is to establish a prudent and systematic Investment Policy, and to organize and formalize investment-related activities.

The City'S Investment Policy is authorized under the California Government Code, section 53600, et, seq.as it applies to the investment of public funds.

It is intended that this policy cover all funds and investment activities under the direct authority of the City of Colfax. Investments authorized by Fiscal Agents pursuant to bonded debt are controlled by the terms and conditions of the specific bond, and may not necessarily coincide with the Investment Policy outlined herein. Investments must conform to Government Code Section 53600.5 concerning safekeeping of purchased securities by financial advisers, fiscal agent, or consultants. Wherever practical, investments made by a Fiscal Agent on behalf of the City will be consistent with this Policy.

INVESTMENT OBJECTIVES
Safety - It is the primary duty and responsibility of the City Staff to protect, preserve and maintain cash and investments on behalf of the citizens of Colfax.

Liquidity - An adequate percentage of the City's investment portfolio should be maintained in liquid short-term securities which can be converted to cash if necessary to meet disbursement requirements. Since all cash requirements cannot be anticipated, investments in securities with active secondary or resale markets is highly recommended. Emphasis should be on marketable securities with low sensitivity to market risk.

Yield - Yield should become a consideration only after the basic requirements of safety and liquidity have been met.

A. The overall yield should be designed to attain a market-average rate of return throughout budgetary and economic cycles, taking into account the City'S risk constraints, the cash flow characteristics of the portfolio, and State and local laws, ordinances or resolutions that restrict investments.

Public Trust - All participants in the investment process shall act as custodians of the public trust. Investment officials shall recognize that the investment portfolio is subject to public review and evaluation. The overall investment program shall be designed and managed with a degree of professionalism that is worthy of the public trust.
1 21
Diversification - The investment portfolio will be diversified to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institutions.

A. In a diversified portfolio it must be recognized that occasional measured losses are inevitable, and must be considered within the context of the overall portfolio's investment return, provided that adequate diversification has been implemented.

Prudence - The City adheres to the "prudent person rule" which obligates a fiduciary to insure that: " .. .investments shall be made with the exercise of that degree of judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation but for investment considering the probable safety of their capital as well as the probable income to be deri ved."

INVESTMENT STRATEGY
The most effective method of increasing investment yields without sacrificing safety is to extend the investment horizon commensurate with the City'S cash requirements. To that end, improved cash forecasting and management is the preferred investment strategy for the City.

A. Cash management activities include accurate cash projections, the expeditious collection of revenue, the control of disbursements, cost-effective banking relations, and a shortterm borrowing program, when needed, that coordinates working capital requirements and investment opportunity.

ALLOWABLE INVESTMENT INSTRUMENTS
The Government Code, Sections 53601, 53601.1 and 53635 shall govern the City's allowable investments, and the length of those investments, unless specifically limited by this policy.

Although the maximum maturity for any deposit or investment is five years, most investments should be for no longer than 2-3 years. All investments of City funds shall be made in accordance with California Government Code Sections 53601, et seq. and 53635 et seq., or in accordance with California Government Code 16429.1 authorizing investments into the State Local Agency Investment Fund (LAIF). Investments will be authorized by the City Manager, City Treasurer, Finance Director or Mayor only.

REPORTING REQUIRMENTS
City staff shall submit a qua11erly investment report to the City Council. The report must be submitted to the City Manager for the agenda within 30 days following the end of the month covered by the repo11, and is required under Government Code Section 53646. Such rep0l1 shall include at least the following information:
• Types of investments;
• Name of the institution in which funds are invested or deposited; • Date of maturity, if applicable;
• Par and dollar amount investment for all securities;
• Percent distribution of each type of investment or deposit; current market value as of the date of the report, including source of the valuation except those under LAIF; • Rate of interest;
2 22
• A verage weighted yield of all investments;
• A statement relating the report to the City's Investment Policy; and • A statement that there are sufficient funds to meet the City's next six months' financial obligations.

Staff shall also submit the above information annually to the external auditors.

Periodic reports shall be prepared as required by circumstances or as directed by Council. Such circumstances include, but are not limited to, notification that any City investment may be in jeopardy or a sudden and significant drop in the current market value of any City investment.

INTERNAL CONTROLS AND GENERAL GUIDELINES
A system of internal control shall be implemented to prevent losses of public funds arising from fraud, employee error, misrepresentation of third parties, unanticipated changes in financial markets, or impmdent actions by employees and officers of the City.

Controls deemed most important include:
• The control of collusion and separation of duties;
• Custodial safekeeping of funds invested or on deposit; • Minimizing the number of authorized Investment Officers; and • Written documentation of procedures and transactions.

In selecting financial institutions for the deposit or investment of City funds, the City shall consider the credit-worthiness of the institution. Such credit-worthiness shall be monitored on a regular basis throughout the period in which City funds are deposited or invested.

A. Any deposit or investment of funds shall be in writing, signed by the City and the authorized representative of the institution.

B. All transfers must be made by authorized personnel and properly logged and documented.

City staff shall encourage peer review of the City's investments and investment practices. In addition, the City's cash management and investment practices shall be included in any outside financial audit of the City.

An annual Cash Flow Forecast may be prepared by the City, and would be used to assist in the development of the annual operating budget for the City.

This Investment Policy shall be reviewed by the City Council on an annual basis as part of the budget process.
3 23
Staff Report to City Council
FOR THE May 8, 2024 REGULAR CITY COUNCIL MEETING
From: Ron Walker, City Manager
Prepared by: Ron Walker, City Manager
Subject: R3 Consulting for SB 1383 Agreement for Compliance Assistance Budget Impact Overview:

N/A: Funded: √ Un-funded: Amount: $50,000 Fund(s): 290
Summary/Background
The State of California CalRecycle Department is responsible for regulating the handling of solid waste.

CalRecycle presented a 75% landfill diversion plan to the State Legislature in 2013. The 75% diversion plan included five areas the State should focus on to achieve the goal – moving organics out of the landfill, expanding recycling infrastructure, exploring new models for State and Local funding of materials management programs, promoting State procurement of post-consumer recycled content products, and promoting extended producer responsibility.

State legislation has placed a heavy focus on the organics diversion since the 75% diversion goal was established with AB 1826 Mandatory Commercial Organics and the more recent SB 1383 focused on residential customers. The City of Colfax is in compliance with AB 1826 through the free commercial organics collection program Council established in the 2016 agreement extension with Recology. SB 1383 requires jurisdictions to have programs implemented by January 1, 2022 with the potential to extend the deadline if the jurisdiction is taking actions to implement necessary programs.

The City has received a waiver for all SB 1383 requirements that is valid through January 25, 2027. Section 18984.12 (waivers and Exemptions Granted by the Department) allows a jurisdiction like the City of Colfax to request an exemption for up to five years if it reported less than 5,000 tones of solid waste in the states disposal reporting system in 2014, or if the total population is less than 7,500 people. The City also applied for and was awarded $75,000 from the SB 1383 Local Assistance Grant this year, and received a grant for $20,214 FY 2021/2022.

Conclusions and Findings
Given the complexity of SB 1383 compliance requirements, staff is recommending utilizing a consultant that specializes in the solid waste industry to analyze and develop compliance programs/procedures. R3 Consulting has the experience necessary to achieve the tasks needed to comply with SB 1383; therefore, staff is recommending Council authorize the City Manager to execute an agreement with R3 Consulting for SB 1383 compliance assistance.

RECOMMENDED ACTION: Adopt Resolution __-2024 authorizing the City Manager to execute an agreement with R3 Consulting for SB1383 compliance assistance in an amount no to exceed $50,000. 24 Fiscal Impacts
The cost of the agreement is funded from Fund 290 in an amount not to exceed $50,000 over a two-year period.

Attachments:

1. Resolution __-2024
R3 Consulting SB 1383 Compliance Assistance Agreement
25 City of Colfax
City Council
Resolution № __-2024
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH R3 CONSULTING FOR SB1383 COMPLIANCE ASSISTANCE IN AN AMOUNT NOT TO EXCEED $50,000
WHEREAS, The State of California CalRecycle Department is responsible for regulating the handling of solid waste. CalRecycle presented a 75% landfill diversion plan to the state Legislature in 2013; and,
WHEREAS, State Legislation has placed a heavy focus on the organics diversion since the 75% diversion goal was established with AB1826 Mandatory Commercial Organics and the more recent SB 1383 focused on residential customers; and,
WHEREAS, SB1383 requires jurisdictions to have programs implemented by January 1, 2022 with the potential to extend the deadline if the jurisdiction is taking action to implement necessary programs; and,
WHEREAS, Given the complexity of SB1383 compliance requirements, staff is recommending utilizing a consultant that specializes in the solid waste industry to analyze and develop compliance programs and procedures.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Colfax approves and authorizes the City Manager to execute an agreement with R3 Consulting for SB1383 compliance assistance in an amount not to exceed $50,000.

THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at the Regular Meeting of the City Council of the City of Colfax held on May 8, 2024, by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________________
Kim Douglass, Mayor
ATTEST:
________________________________________
Amanda Ahre, City Clerk
26

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AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into on this ___day of _________by and between the City of Colfax, a municipal corporation of the State of California ("City") and R3 Consulting Group, Inc. (“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 professional 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. Performance of the Services shall progress and conclude in accordance with the schedule set forth in Exhibit A. 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.

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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.

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.

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the City or its agents, servants, employees or independent contractors other than Consultant who are directly responsible to the City, or arising from the passive negligence of the City, its officers, agents, employees or volunteers, unless caused in part by Consultant. City agrees that in no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault unless otherwise allowed by California Civil Code Section 2782.8, as amended.

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 policies of insurance at least as broad as the following, 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. Workers' Compensation insurance as required by the State of California, with statutory limits, and Employer's Liability Insurance with limits of no less than $1,000,000.00 per accident for bodily injury or disease. 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. Commercial General Liability Coverage (CGL). Commercial general liability insurance covering CGL on an “occurrence” basis, including products and completed operations, bodily injury, personal injury and advertising 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 the most recent Insurance Services Office (ISO) form and include a broad form comprehensive general liability endorsement. The insurance shall be in an amount of not less than $1,000,000.00per occurrence. 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 written on the most 29

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recent Insurance Services Office (ISO) form 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 non-owned vehicles, in an amount of not less than $1,000,000.00 combined single limit for each occurrence.

D. Policy Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following provisions:

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 $1,000,000.00. 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 30

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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.

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 31

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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.

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 effective date 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.
32

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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 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. 33

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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.

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.

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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.

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
35

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If to Consultant: R3 Consulting Group, Inc.
1512 Eureka Road, Suite 220
Roseville CA 95661
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. In accordance with applicable law, the Parties may execute this Agreement by electronic signature and, if they do so, an electronic signature and this Agreement will have same legal validity and enforceability as a manually executed signature and agreement.

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: Ron Walker Printed Name:

Title: City Manager Title:

Date: Date:
36

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APPROVED AS TO FORM:
______________________________________
City Attorney
37

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AGREEMENT FOR CONSULTANT SERVICES

EXHIBIT A
38

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41 Staff Report to City Council
FOR THE MAY 8, 2024 REGULAR CITY COUNCIL MEETING
From: Ron Walker, City Manager
Prepared by: Ron Walker, City Manager
Subject: Agreement for Services – City Engineer – Cartwright Nor Cal Budget Impact Overview:

N/A: Funded: √ Un-funded: Amount: $515,520 Fund(s): 100-450, 120, 250, 358, 560, 561, 575,
Summary/Background
The City needs a licensed civil engineer to act as the City Engineer in responsible charge of providing engineering oversite of new development, infrastructure, funding, and project implementation. Carl Moore will be designated as the City Engineer and Engineer of Record, and will approve all civil engineering plans, reports, supervise and be responsible for managing federal-aid-projects in accordance with Caltrans Local Programs, and advise the City on ordinances, regulations and financing options pertaining to engineering matters.

Conclusions and Findings
The City Engineer will assist the City in developing working relationships with outside agencies and private utilities affecting the City. While reporting to the City Manager or designee, the City Engineer will present information and recommendations to the City Council, as necessary, and respond to citizen complaints relating to engineering matters.

Fiscal Impacts
The Engineering services to be performed are based on a 12-month period, at 16 hours per week, and at hourly rates included in the rate schedule. The term of the agreement is for 3 years with an option for a two year extension.

Rate Schedule
Month/Year City Engineer Hourly Rate
May 2024 $190.00
January 2025 $200.00
January 2026 $205.00
January 2027 $210.00
January 2028 $215.00
January 2029 $220.00
Attachments:

1. Resolution __-2024

2. Contract
RECOMMENDED ACTION: Adopt Resolution __-2024 authorizing the City Manager to enter into a contract agreement with Cartwright Nor Cal for City Engineering Services for a term of 3-years with an option for a 2-year extension
42 City of Colfax
City Council
Resolution № __-2024

AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT AGREEMENT WITH CARTWRIGHT NOR CAL FOR CITY ENGINEERING SERVICES FOR A TERM OF 3-YEARS WITH AN OPTION FOR A 2-YEAR EXTENSION
WHEREAS, the contract for City Engineering services is set to expire in August of 2024; and, WHEREAS, City staff solicited statements of qualifications for engineering consultants on March 20, 2024 for City Engineering services; and,
WHEREAS, the City received one statement of qualifications on April 11, 2024 and was determined through a multi-level evaluation process Cartwright Nor Cal was a highly suited organization to meet the City Engineering needs; and,
WHEREAS, the scope for services provided by Cartwright Nor Cal includes developing working relationships with outside agencies and private utilities affecting the City. While reporting to the City Manager or designee, Cartwright Nor Cal will present information and recommendations to the City Council, as necessary, and respond to citizen complaints relating to engineering matters for an estimated amount of $515,520 over a 3-year term.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Colfax approves and authorizes the City Manager to execute an agreement with Cartwright Nor Cal for City Engineering services for a term of 3-years with an option for a 2-year extension.

THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at the Regular Meeting of the City Council of the City of Colfax held on May 8, 2024, by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________________
Kim Douglass, Mayor
ATTEST:
________________________________________
Amanda Ahre, City Clerk
43

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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.

Now, therefore, in consideration of the mutual covenants, promises and conditions set forth in this Agreement, the City and Consultant agree as follows:

Section 2. Time of Completion.

Section 3. Compensation.

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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.

Section 5. Indemnification.

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Section 6. Insurance.

C. Automobile Liability Coverage. Automobile liability insurance written on the most recent Insurance Services Office (ISO) form covering bodily injury and property damage 46

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for all activities of the Consultant arising out of or in connection with this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than $1,000,000.00 combined single limit for each occurrence.

D. Policy Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following provisions:

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.

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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.

Section 7. Subcontracts.

Section 8. Assignment.

Section 9. Entire Agreement.

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. 48

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Section 11. Suspension of Services.

Section 12. Termination of Services.

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.

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Section 14. Ownership of Documents.

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.

Section 16. Compliance with Federal, State and Local Laws.

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.
50

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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 51

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incorporated into this Agreement.

Section 19. Severability.

Section 20. Entire Agreement; Amendment.

Section 21. Time of the Essence.

Section 22. Written Notification.

If to City: City of Colfax
33 S. Main Street
Colfax, CA 95713
If to Consultant: Cartwright Nor Cal
3010 Lava Ridge Court, Suite 160
Roseville, CA 95661
52

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Section 23. Execution.

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.

IN WITNESS WHEREOF, the parties hereby have executed this Agreement on the day first above written:

CITY CONSULTANT
Signature: Signature: ___________________________________ Printed Name: Ron Walker Printed Name: Andrew MacDonald_______ Title: City Manager Title: Regional Director____________________ Date: Date: _________________________________________
APPROVED AS TO FORM:
______________________________________
City Attorney
53

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AGREEMENT FOR CONSULTANT SERVICES

EXHIBIT A
54

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57 Staff Report to City Council
FOR THE MAY 8, 2024 REGULAR CITY COUNCIL MEETING
From: Ronald Walker, City Manager
Prepared by: Carl Moore, City Engineer
Subject: Construction Materials and Compaction Testing Services for CDBG Road Rehabilitation Project
Budget Impact Overview:

N/A: Funded: √ Un-funded: Amount: $47,714 Fund(s): 210, 258, 358 Summary/Background
In October 2023, the city was notified of the CDBG Grant award letter, dated 10/27/2023, approving a grant amount of $4,054,709 for the CDBG Road Rehabilitation Project that includes $3,482,644 in grant funds and a City match of $572,065.

The project construction documents were bid, and Hansen Bros. Enterprises was awarded the project through City Council approval on February 28, 2024 in Resolution No. 08-2024.

A Request for Qualifications for Construction Materials and Compaction Testing (MCT) services was advertised to bid on March 30, 2024, with bids due on April 11, 2024. Qualifications were received from four firms including Blackburn, Geocon, KGS Group, and Crawford & Associates. The qualifications were evaluated and scored with Geocon as the highest scoring firm. Geocon also provides MCT services on the city’s State Water Resources Control Board grant projects for the Solar, Algae Reduction, and I&I Mitigation Projects which should also provide cost savings for the city.

Related Resolutions:

Resolution No. Company/Service NTE Amount
30-2020 GHD-Survey $ 29,612.00
37-2020 Crawford & Associates, IncGeotechnical Engineering Services $ 33,875.10 49-2020 Adams Ashby Group-Grant Consulting $ 171,700.00 63-2020 GHD-Survey $ 5,850.00
25-2021 GHD-Design Services $ 333,838.00
18-2023 GHD-Design Services $ 65,550.00
08-2024 Hansen Bros. Enterprises-Construction $ 1,988,470.00 XX-2024 Psomas-CM Services (pending) $ 388,995.00
XX-2024 GeoCon-Materials and Compaction
Testing Services (pending) $ 47,714.00
N/A Total $ 3,065,604.10
RECOMMENDED ACTION: Adopt Resolution __-2024 awarding and authorizing the City Manager to execute a Construction Materials and Compaction Testing Services contract with Geocon in the amount of $41,490 with a 15% contingency for a total amount not to exceed $47,714 for the CDBG Road Rehabilitation Project.
58 Fiscal Impact
The original grant application budget and current project awards and estimates are reflected in the chart below:
*City match is anticipated to be paid by Fund 258 Streets Funding (includes RSTBG and current/future SB1 funding) and Fund 210 – Road Mitigation Fees.

The CDBG Grant is based on actual expenditures (not grant award amount) and the City will be reimbursed only for allowable costs in accordance with CDBG guidelines on the project. Due to the lower than anticipated construction costs, staff will be reviewing project scope and City match percentage requirements with CDBG personnel.

Recommendation
Staff is recommending the City Council award and authorize the City Manager to execute a Construction Management contract with Psomas based on their bid proposal with a 15% contingency for a total not to exceed amount of $47,714.

Attachments:

1. Resolution __-2024

2. Resolutions 30-2020, 37-2020, 49-2020, 63-2020, 25-2021, 18-2023, 08-2024

3. Contract
59 60
City of Colfax
City Council
Resolution № __ - 2024

AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION

MATERIALS AND COMPACTION TESTING CONTRACT WITH GEOCON IN THE AMOUNT OF $41,490 WITH A 15% CONTINGENCY FOR A TOTAL AMOUNT NOT TO EXCEED $47,700 FOR THE

CDBG ROAD REHABILITATION PROJECT
WHEREAS, in October 2023, the city was notified of the CDBG Grant award letter, dated 10/27/2023, approving a grant amount of $4,054,709 for the CDBG Road Rehabilitation Project that includes $3,482,644 in grant funds and a city match of $572,065; and,
WHEREAS, on February 28, 2024, City Council approved the construction contract for the CDBG Road Rehabilitation Project be awarded to Hansen Bros. Enterprises; and, WHEREAS, on March 30, 2024, the CDBG Road Rehabilitation Materials and Compaction Testing Request for Qualifications was advertised to bid through the Auburn Journal, the City’s website, City Hall, and CIPList.com website. Qualifications were due on April 11, 2024, at 3:00 P.M. The city received qualification responses for the Construction Materials and Compaction Testing services for the project from four firms. Staff evaluated and scored the qualifications; and,
WHEREAS, Geocon was determined to be the highest scoring firm.

NOW THEREFORE, BE IT RESOLVED the City Council of the City of Colfax awards and authorizes the City Manager to execute a Construction Materials and Compaction Testing Services contract with Geocon for $41,490.00 with a 15% contingency for a total not to exceed amount of $47,714.00.

THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at the Regular Meeting of the City Council of the City of Colfax held on the 8th of May 2024 by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________________
Kim A. Douglass, Mayor
ATTEST:
________________________________________
Amanda Ahre, City Clerk
61 62
63 64
65 66
67 68
69 70

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 2. Time of Completion.

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. 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,
71 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.

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.

Section 5. Indemnification.

Consultant shall hold harmless and indemnify, including without limitation the cost to defend, the City and its officers, officials, employees, and volunteers 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, any sub-consultant, anyone directly or indirectly employed by them, or anyone they control in the performance of the Services. This indemnity does not apply to liability for damages or loss, arising from the sole negligence, active negligence, or willful misconduct or material defects in design by 72 the City or its agents, servants, employees or independent contractors other than Consultant who are directly responsible to the City, or arising from the passive negligence of the City, its officers, agents, employees or volunteers, unless caused in part by Consultant. City agrees that in no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault unless otherwise allowed by California Civil Code Section 2782.8, as amended.

Section 6. Insurance.

C. Automobile Liability Coverage. Automobile liability insurance written on the most 73 recent Insurance Services Office (ISO) form 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 non-owned vehicles, in an amount of not less than $1,000,000.00 combined single limit for each occurrence.

D. Policy Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following provisions:

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.

G. Deductible and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City.

Section 7. Subcontracts.

Section 8. Assignment.

Section 9. Entire Agreement.

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 75 Superior Court of the State of California with venue in Placer County, California.

Section 11. Suspension of Services.

Section 12. Termination of Services.

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.

Section 15. Changes and/or Extra Work.

Section 16. Compliance with Federal, State and Local Laws.

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 78 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.

Section 19. Severability.

Section 20. Entire Agreement; Amendment.

Section 21. Time of the Essence.

Section 22. Written Notification.

If to City: City of Colfax
33 S. Main Street
Colfax, CA 95713
79 If to Consultant: Geocon Consultants Inc.
3160 Gold Valley Dr.

Rancho Cordova, CA 95742
Section 23. Execution.

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.

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
80 Staff Report to City Council
FOR THE MAY 8, 2024 REGULAR CITY COUNCIL MEETING
From: Ronald Walker, City Manager
Prepared by: Carl Moore, City Engineer
Subject: Construction Management Services for CDBG Road Rehabilitation Project Budget Impact Overview:

N/A: Funded: √ Un-funded: Amount: $388,995 Fund(s): 210, 258, 358 Summary/Background
In October 2023, the city was notified of the CDBG Grant award letter, dated 10/27/2023, approving a grant amount of $4,054,709 for the CDBG Road Rehabilitation Project that includes $3,482,644 in grant funds and a City match of $572,065.

The project construction documents were bid, and Hansen Bros. Enterprises was awarded the project through City Council approval on February 28, 2024 in Resolution No. 08-2024.

A Request for Qualifications for Construction Management and Inspection (CM&I) services was advertised to bid on March 30, 2024, with bids due on April 11, 2024. Qualifications were received from three firms including 4Leaf, Blackburn, and Psomas. The qualifications were evaluated and scored with Psomas as the highest scoring firm. Psomas also provides CM&I services on the city’s State Water Resources Control Board grant projects for the Solar, Algae Reduction, and I&I Mitigation Projects which should also provide cost savings for the city.

Related Resolutions:

Resolution No. Company/Service NTE Amount
30-2020 GHD-Survey $ 29,612.00
37-2020 Crawford & Associates, IncGeotechnical Engineering Services $ 33,875.10 49-2020 Adams Ashby Group-Grant Writing $ 96,700.00
63-2020 GHD-Survey $ 5,850.00
25-2021 GHD-Design Services $ 333,838.00
18-2023 GHD-Design Services $ 65,550.00
08-2024 Hansen Bros. EnterprisesConstruction $ 1,988,470.00 XX-2024 Psomas-CM Services (pending) $ 388,995.00
XX-2024 GeoCon-Materials Testing Services
(pending) $ 47,714.00
N/A Total $ 3,065,604.10
RECOMMENDED ACTION: Adopt Resolution __-2024 awarding and authorizing the City Manager to execute a Construction Management Services contract with Psomas in the amount of $338,256 with a 15% contingency for a total amount not to exceed $388,995 for the CDBG Road Rehabilitation Project. 81 Fiscal Impact
The original grant application budget and current project awards and estimates are reflected in the chart below:
*City match is anticipated to be paid by Fund 258 Streets Funding (includes RSTBG and current/future SB1 funding) and Fund 210 – Road Mitigation Fees.

Recommendation
Staff is recommending the City Council award and authorize the City Manager to execute a Construction Management contract with Psomas based on their proposal of $338,256.00 with a 15% contingency of $50,739.00 for a total not to exceed amount of $388,995.00.

Attachments:

1. Resolution __-2024

2. Resolutions 30-2020, 37-2020, 49-2020, 63-2020, 25-2021, 18-2023, 08-2024

3. Contract
82 City of Colfax
City Council
Resolution № __ - 2024

AWARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES CONTRACT WITH PSOMAS IN THE AMOUNT OF $338,256 WITH A 15% CONTINGENCY FOR A TOTAL AMOUNT NOT TO EXCEED $388,995 FOR THE

CDBG ROAD REHABILITATION PROJECT
WHEREAS, in October 2023, the city was notified of the CDBG Grant award letter, dated 10/27/2023, approving a grant amount of $4,054,709 for the CDBG Road Rehabilitation Project that includes $3,482,644 in grant funds and a city match of $572,065; and,
WHEREAS, on February 28, 2024, City Council approved the construction contract for the CDBG Road Rehabilitation Project be awarded to Hansen Bros. Enterprises; and, WHEREAS, on March 30, 2024, the CDBG Road Rehabilitation Construction Management and Inspection Services Request for Qualifications was advertised to bid through the Auburn Journal, the City’s website, City Hall, and CIPList.com website. Qualifications were due on April 11, 2024, at 3:00 P.M. The city received qualification responses for the Construction Management and Inspection services for the project from three firms. Staff evaluated and scored the qualifications; and, WHEREAS, Psomas was determined to be the highest scoring firm.

NOW THEREFORE, BE IT RESOLVED the City Council of the City of Colfax awards and authorizes the City Manager to execute a Construction Management and Inspection Services contract with Psomas for $338,256.00 with a 15% contingency of $50,739.00 for a total not to exceed amount of $388,995.00.

THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at the Regular Meeting of the City Council of the City of Colfax held on the 8th of May 2024 by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________________
Kim A. Douglass, Mayor
ATTEST:
________________________________________
Amanda Ahre, City Clerk
83 84
85 86
87 88
89 90
91 92

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.

Now, therefore, in consideration of the mutual covenants, promises and conditions set forth in this Agreement, the City and Consultant agree as follows:

Section 2. Time of Completion.

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. 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,
93 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.

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.

Section 5. Indemnification.

Consultant shall hold harmless and indemnify, including without limitation the cost to defend, the City and its officers, officials, employees, and volunteers 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, any sub-consultant, anyone directly or indirectly employed by them, or anyone they control in the performance of the Services. This indemnity does not apply to liability for damages or loss, arising from the sole negligence, active negligence, or willful misconduct or material defects in design by 94 the City or its agents, servants, employees or independent contractors other than Consultant who are directly responsible to the City, or arising from the passive negligence of the City, its officers, agents, employees or volunteers, unless caused in part by Consultant. City agrees that in no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault unless otherwise allowed by California Civil Code Section 2782.8, as amended.

Section 6. Insurance.

C. Automobile Liability Coverage. Automobile liability insurance written on the most 95 recent Insurance Services Office (ISO) form 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 non-owned vehicles, in an amount of not less than $1,000,000.00 combined single limit for each occurrence.

D. Policy Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following provisions:

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.

G. Deductible and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City.

Section 7. Subcontracts.

Section 8. Assignment.

Section 9. Entire Agreement.

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 97 Superior Court of the State of California with venue in Placer County, California.

Section 11. Suspension of Services.

Section 12. Termination of Services.

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.

Section 15. Changes and/or Extra Work.

Section 16. Compliance with Federal, State and Local Laws.

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 100
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.

Section 19. Severability.

Section 20. Entire Agreement; Amendment.

Section 21. Time of the Essence.

Section 22. Written Notification.

If to City: City of Colfax
33 S. Main Street
Colfax, CA 95713
101
If to Consultant: Psomas
1410 Rocky Ridge Dr. Suite 300
Roseville, CA 95661
Section 23. Execution.

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.

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
102
Staff Report to City Council
FOR THE MAY 8, 2024 REGULAR CITY COUNCIL MEETING
From: Ron Walker, City Manager
Prepared by: Ron Walker, City Manager
Subject: Future Skate Park Location
Budget Impact Overview:

N/A: X Funded: Un-funded: Amount: Fund(s):

Summary/Background
The Colfax Skate Park project has been in the works for close to a decade with much discussion about project costs, design, construction, and location over the years. On October 23, 2019, the City Council adopted Resolution 51-2019 which formally approved locating the Skate Park adjacent to the Splash pad. Recently multiple city council members and community members have expressed concerns with the current project location and feel that Lion’s Park may not be the best location for the Skate Park.

Conclusions and Findings
Staff is asking for the City Councilmembers to discuss the current location and possible alternative locations and provide direction.

Fiscal Impacts
There is no fiscal impact to the city.

Attachments:

None.

RECOMMENDED ACTION: Discuss and provide direction to staff. 103
Staff Report to City Council
FOR THE MAY 8, 2024 REGULAR CITY COUNCIL MEETING
From: Ron Walker, City Manager
Prepared by: Ron Walker, City Manager
Subject: Agreement Between the City of Colfax and the County of Placer for funding to build a Skatepark Feature at Lion’s Park.

Budget Impact Overview:

N/A: Funded: Un-funded: Amount: $0 Fund(s):

Summary/Background
On October 23, 2019, the City Council adopted Resolution 51 - 2019 which formally approved locating the Skate Park adjacent to the Splash pad at the Lion’s Park. This project has experienced multiple delays and has yet to be completed. The skate park, a Colfax Green Machine Project, for which donations have been promised and/or collected from the community over the years.

In 2022 the City entered into an agreement with the County of Placer in which the County agreed to provide Park Dedication Fees to the City in an amount not to exceed $75,000.00 for the procurement and installation of a new skatepark feature at the Lion’s Park.

Due to escalating costs, notably prevailing wage expenses, surpassing the project budget, there's a risk of further project delays. In March 2024, the Colfax Green Machine requested additional financial support from the County of Placer for the skate park project. The County agreed to provide the City an extra $130,000, for a total of $205,000.00 (the original $75,000.00 + $130,000.00).

On April 4, 2024, the City received an new agreement from the County of Placer to reflect the additional $130,000.00 for the Skate Park project. This new agreement, if approved by the City Council and signed by the City Manager will terminate the March 9, 2022 agreement, and is between the City and the County. The City essentially acts as a conduit for the grant funds. The agreement also asserts that the City has determined that construction of a pool onsite is not feasible.

This is a reimbursement type agreement; the City must incur funds and provide detailed invoicing to the County, the city must allocate $369,000.00 to the project, including fees, grants and donations. All plans must be submitted to the County for approval before any work is done, the construction must be completed by December 31, 2026, and all improvements become City property. This is a 20-year agreement, terminable on 60 days’ notice.

The new agreement, like the old agreement, assigns the funding to the city and not the Colfax Green Machine to manage, distribute, and track throughout the project. Also, the new agreement calls for a project completion date, and specifies the number of years the Skate Park is expected by the County to be operated. If the City terminates operations of the skate park before the end of the 20-year term, it must reimburse the County on a prorated basis ranging from $194,750 for termination after 1 year to $10,250 for terminating after 19 years.

RECOMMENDED ACTION: Adopt Resolution __-2024 authorizing the City Manager to execute an agreement between the City of Colfax and the County of Placer for funding to build a skate park. 104
Staff have reviewed the application for Skate Park funding from California State Parks, which is filed under the City's name. Additionally, California State Parks mandates that the City operates and maintains the facility for a Contract Performance Period ending on June 30, 2048.

Conclusions and Findings
Staff recommends that the council proceed cautiously due to the significant penalties associated with failure to operate and maintain the facility for a minimum of 20 years as mandated by Placer County and until 2048 as stipulated by the State. Additionally, it's important to note that the City staff have not yet received from Colfax Green Machine an estimated dollar amount required for the operation and maintenance of the facility. It's important to have a clear understanding of the financial requirements before moving forward.

Fiscal Impacts
The fiscal impact of accepting the agreement from Placer County will be contingent upon the duration for which the facility is operated and maintained.

Attachments:

1. Resolution __-2024

2. Placer County Agreement – 2022

3. Placer County Agreement - 2024

4. California Department of Parks and Recreation Grant Contract

5. California Department of Parks and Recreation Amendment to Contract 105
City of Colfax
City Council
Resolution № __-2024

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY

OF COLFAX AND THE COUNTY OF PLACER FOR FUNDING TO BUILD A SKATE PARK WHEREAS, in 2022 the City entered into an agreement with the County of Placer in which the County agreed to provide Park Dedication Fees to the City in an amount not to exceed $75,000 for a Skate Park to be constructed; and,
WHEREAS, due to escalating construction related costs surpassing the project budget, an additional $130,000 of financial support was later requested from the county; and, WHEREAS, on April 4, 2024, the city received a new agreement from the County of Placer reflecting the additional $130,000 of financial support for a total of $205,000; and, WHEREAS, the April 4, 2024, agreement will terminate the March 9, 2022, agreement.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Colfax approves and authorizes the City Manager to execute an agreement with the County of Placer to receive Park Dedication Fees in the amount of $205,000.

THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at the Regular Meeting of the City Council of the City of Colfax held on May 8, 2024, by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________________
Kim Douglass, Mayor
ATTEST:
________________________________________
Amanda Ahre, City Clerk
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194
Staff Report to City Council
FOR THE MAY 8, 2024 REGULAR CITY COUNCIL MEETING
From: Ron Walker, City Manager
Prepared by: Ron Walker, City Manager
Subject: Animal Control Contract
Budget Impact Overview:

N/A: Funded: √ Un-funded: Amount: $84,897.00 Fund(s): 100-5510 Summary/Background
The Current contract for Animal Control and Care Services expires June 30, 2024. Staff received an updated contract from Placer County Health and Human Services for a two-year term. Each year the contract amount is $42,448.50 payable in four quarterly installments per year of $21,224.45. According to the County, Shelter services are approximately $27,000 per year, and Field Services are approximately $14,000 per year. The City finance department calculates this to be an overall increase of 68% above the former contract.

Conclusions and Findings
The proposed contract for Animal Control and Care Services requires a substantial increase from the previous contract and is only for two years rather than three.

Fiscal Impacts
For the total services specified within the Agreement, the City of Colfax will reimburse the County of Placer an amount not to exceed $84,897 over the course of a two-year contract.

Attachments:

1. Resolution __-2024

2. Animal Control and Care service Agreement
RECOMMENDED ACTION: Adopt Resolution __-2024 authorizing the City Manager to execute an agreement with Placer County Department of Health and Human Services for Animal Control and Care Services for a two-year term in an amount not to exceed $84.897. 195
City of Colfax
City Council
Resolution № __-2024

APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH

THE PLACER COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR ANIMAL

CONTROL AND CARE SERVICES FOR A TWO-YEAR TERM IN AN AMOUNT NOT TO EXCEED $84,897
WHEREAS, the County of Placer, Department of Health and Human Services (“County”) and the City of Colfax (“City”) are parties to the Animal Control and Care Services Contract for the provisions of animal services by the County to the City; and,
WHEREAS, the County has submitted the attached Contract which provides for Animal & Field Services to the City for a two-year term to be paid quarterly in an amount not to exceed $84,897; and, WHEREAS, the City Council hereby finds and determines that it is in the best interest of the City to approve the Contract; and,
WHEREAS, the City of Colfax wishes to execute an agreement with the County of Placer, Department of Health and Human Services to provide Animal Control and Care Services.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Colfax approves and authorizes the City Manager to execute an agreement with the County of Placer Department of Health and Human Services for animal control and field services for a two-year term in an amount not to exceed $84,897.

THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at the Regular Meeting of the City Council of the City of Colfax held on May 8, 2024, by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________________
Kim Douglass, Mayor
ATTEST:
________________________________________
Amanda Ahre, City Clerk
196

CONTRACT FOR SERVICES

PLACER COUNTY DEPARTMENT OF HEALTH & HUMAN SERVICES
DESCRIPTION: Animal Control and Care Services
CONTRACT NO. HHS000909
BEGINS: July 1, 2024
ENDS: June 30, 2026
ADMINISTERING AGENCY: Health and Human Services, Animal Services Division This is an Agreement made and operative as of the 1st day of July, 2024, between the COUNTY OF PLACER, through its Health and Human Services Department, hereinafter referred to as “COUNTY”, and the CITY OF COLFAX, hereinafter referred to as “CITY”, both parties being political subdivisions of the State of California.

WHEREAS, both COUNTY and CITY are required to and have the authority to regulate and control animals, and to provide care to stray and unwanted animals, and in conjunction therewith, to impound, take in and care for animals in accordance with the law, and WHEREAS, both COUNTY and CITY have the authority to remove dead, stray, domestic and wild animals from public property and streets, and
WHEREAS, CITY desires that COUNTY house, care for, and offer animals for adoption at the Placer County Animal Services Center, operated by COUNTY and located at 11232 B Avenue, Auburn, CA 95603, and
WHEREAS, CITY desires COUNTY to provide animal field services within the incorporated jurisdiction of CITY, and
WHEREAS, Government Code Section 51301 allows cities and towns to enter into contracts with counties for the performance of city and town functions, and
WHEREAS, COUNTY, agrees to provide CITY with the above-mentioned services in accordance with Placer County Code and California State Laws; and
WHEREAS, the parties wish to enter into this Agreement to provide a full and complete statement of their respective responsibilities in connection with the recitals set forth above, NOW THEREFORE, in consideration of the mutual covenants and agreements of this Agreement, the parties hereby agree as follows:

1. SERVICES: COUNTY agrees to provide CITY with field services and animal care and adoption services in accordance with and adhering to Placer County Code and California State Laws, as set forth in Exhibit A titled Scope of Services, attached hereto and incorporated herein by this reference.

2. AMENDMENTS: This Agreement constitutes the entire Agreement between the parties. Any amendments or changes to this Agreement, including attachments, shall be agreed to in writing, specifying the change(s) and the effective date(s) and shall be executed by duly authorized representatives of both parties. However, in no event shall such amendments create additional liability to CITY or provide additional payment to COUNTY except as expressly set forth in this or the amended Agreement.

3. PAYMENT: CITY shall pay to COUNTY as full payment for all services rendered pursuant to this Agreement in the amount set forth in Exhibit B, titled Payment Provisions, attached hereto. The payment specified in Exhibit B shall be the only payment made to COUNTY for services rendered pursuant to this Agreement. The total amount of this contract and payments made under this Agreement shall not exceed EIGHTY-FOUR THOUSAND EIGHT HUNDRED NINETY-SEVEN DOLLARS ($84,897). This rate shall be inclusive of all COUNTY costs, including, but not limited to 197
travel, transportation, lodging, meals, supplies, and incidental expenses except as otherwise might be specifically set forth in this Agreement. COUNTY shall charge for travel according to the Federal General Services Administration (GSA) guidelines. If CITY ends the contract prior to the end date listed above, then CITY shall be responsible for additional costs as identified in Section 7, titled Termination, below.

4. INVOICES:

4.1. COUNTY will provide invoices to CITY on a quarterly basis. CITY will review, approve, and pay all valid invoices within 30 days of receipt.

4.2. COUNTY shall notify CITY no later than May 15th of each year of the quarterly charges to be assessed effective July 1st in accordance with Section 3 and Exhibit B and CITY shall remit payment to COUNTY on a quarterly basis based on this notification.

4.3. Invoices for payment will be submitted to the following address, will be on COUNTY letterhead and will include the contract number, the remittance address, a unique invoice number, a detailed list of expenses with dollar amounts and backup documentation to support each expense should be attached to the invoice:

City of Colfax
Attn: Accounts Payable
P.O. Box 702
Colfax, CA 95713

5. EXHIBITS: Exhibits expressly listed on the signature page of this Agreement are hereby incorporated herein by this reference and collectively, along with this base document, form the Agreement In the event of any conflict or inconsistency between provisions contained in the base agreement or exhibits such conflict or inconsistency shall be resolved by giving precedence according to the following priorities: Exhibit A, Exhibit B, base agreement, then followed by any remaining exhibits.

Responsibilities and obligations mandated by federal or state regulations or otherwise at law shall be liberally construed to meet legal requirements.

6. CONTRACT TERM: This Agreement shall remain in full force and effect from July 1, 2024 through June 30, 2026. Contract provisions that contain report deadlines or record obligations which occur after contract termination survive as enforceable continuing obligations.

7. TERMINATION: Either party shall have the right to terminate this Agreement without cause; any such termination will be effective thirty (30) calendar days after written notice. CITY shall pay for services on a prorated basis to the date of cancellation, and COUNTY shall refund any payments received in excess of this prorated amount. Prorated amounts shall be based on the quarterly payment applicable at the time of termination.

8. RECORDS: COUNTY shall maintain, at all times, complete detailed records with regard to work performed under this Agreement in a form acceptable to CITY, and CITY shall have the right to inspect and copy such records at any reasonable time.

9. INDEPENDENT CONTRACTOR: In the performance of this Agreement, COUNTY, its agents and employees are, at all times, acting and performing as independent contractors, and this Agreement creates no relationship of employer and employee as between CITY and COUNTY. COUNTY agrees neither it nor its agents and employees have any rights, entitlement or claim against CITY for any type of employment benefits or workers’ compensation or other programs afforded to CITY employees. COUNTY will be responsible for all applicable State and Federal income, payroll and taxes and agrees to provide any workers’ compensation coverage as required by California State laws.
198

10. INSURANCE and INDEMNIFICATION REQUIREMENTS: See Exhibit C for insurance requirements for this Agreement. The COUNTY’S insurance requirements are a material provision to this Agreement.

11. NOTICES: All notices required or authorized by this Agreement shall be in writing and shall be deemed to have been served if delivered personally or deposited in the United States Mail, postage prepaid and properly addressed as follows.

If to COUNTY: Robert L. Oldham, Director
Placer County Dept. of Health and Human Services
11434 B Avenue, Suite 100
Auburn, CA 95603
If to CITY: Ron Walker, City Manager
City of Colfax
P.O. Box 702
Colfax, CA 95713
Changes in contact person or address information shall be made by notice, in writing, to the other party.

12. ASSIGNMENT: CITY will not assign or sub-contract, in whole or part, any of its rights, duties, services or obligations arising under this Agreement without written consent of COUNTY. The terms of this Agreement shall also apply to any subcontractor(s) of CITY.

13. NON-EXCLUSIVITY: Nothing herein is intended nor shall be construed as creating any exclusive arrangement with COUNTY. This Agreement shall not restrict CITY from acquiring similar, equal or like goods and/or services from other entities or sources. COUNTY shall only provide those services as requested by CITY and CITY may cancel any service request.

14. TIME OF PERFORMANCE: COUNTY agrees to complete all work and services in a timely fashion.

15. ENTIRETY OF AGREEMENT: This Agreement contains the entire agreement of CITY and COUNTY with respect to the subject matter hereof, and no other agreement, statement, or promise made by any party, or to any employee, officer, or agent of any party which is not contained in this Agreement shall be binding or valid.

16. GOVERNING LAW AND VENUE: The parties enter into this Agreement in the County of Placer, California and agree to comply with all applicable laws and regulations therein. The laws of the State of California shall govern its interpretation and effect. For litigation purposes, the parties agree that the proper venue for any dispute related to the Agreement shall be the Placer County Superior Court or the United States District Court, Eastern District of California.

17. CONTRACTOR NOT AGENT: Except as COUNTY may specify in writing CITY will have no authority, express or implied, to act on behalf of COUNTY in any capacity whatsoever as an agent.

CITY will have no authority, express or implied pursuant to this Agreement to Bind COUNTY to any obligation whatsoever.

18. SIGNATURES: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together will constitute one and the same instrument. The Parties agree that an electronic copy of a signed contract, or an electronically signed contract, shall have the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the Parties.
//Signatures on following page
199
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Agreement as of the day first above stated:

COUNTY OF PLACER (“COUNTY”) CITY OF COLFAX (“CITY”)
_____________________________________
Robert L. Oldham, Director,
Department of Health & Human Services
_____________________________________
Signature
Date: ______________________________ _____________________________________ Print Name, Title
Date: ______________________________
Approved as to Form
Office of Placer County Counsel
Approved as to Form
Office of City Attorney
_____________________________________ _____________________________________ Date: _______________________________ Date: _______________________________ EXHIBITS:

Exhibit A – Scope of Services
Exhibit B – Payment Provisions
Exhibit C – Insurance and Indemnification Requirements
200

EXHIBIT A

SCOPE OF SERVICES

1. DESCRIPTION OF SERVICES:

1.1. Uninjured animals seized or picked-up by COUNTY within CITY’S jurisdiction shall be taken to the COUNTY Animal Services Center operated and maintained by COUNTY at 11232 B Avenue, Auburn, CA 95603. COUNTY Animal Services Center shall also accept animals presented by finders from within the jurisdiction of the CITY.

1.2. CITY animals with treatable injuries or illness will receive necessary and prompt proper veterinary medical treatment as mandated by California Penal Code Section 597 and California Civil Code 1834.

1.3. COUNTY will keep, maintain, and care for stray and seized animals at the COUNTY Animal Services Center until redeemed by owner or person entitled to custody, adopted, or euthanized as governed by California Food and Agriculture Code Sections 17005, 17006, 31108, 31752, 31752.5, 31753, and 31754. Animals impounded with a license tag, identification tag or a microchip shall become available for adoption or euthanasia after a period of ten (10) working days. Animals impounded without a license tag, identification tag or a microchip shall become available for adoption or euthanasia after the required impound period as mandated by California Food and Agriculture Code Sections 31108, 31752, 31752.5, 31753, and 31754.

Adoption and euthanasia procedures shall be performed in accordance with California Food and Agriculture Code Sections 17005, 17006, 30503, 31107, 31108, 31108.5, 31751.3, 31752, 31752.5, 31753, 31754 and 32003; California Penal Code Sections 597, 597.1 and 599d; California Code of Regulations Title 16, Section 2039 and Title 17, Section 2606; California Civil Code Section 1834.4 and California Business and Professions Code Section 4827.

1.4. COUNTY may accept owner surrendered animals on a space available basis. Owners must contact COUNTY to determine if surrender to the Animal Services Center is appropriate and follow COUNTY procedures to make an appointment for surrender.

1.5. COUNTY agrees to provide quarantine facilities to CITY and to provide quarantine kennels or kennels for extraordinary circumstances to CITY as a part of this Agreement.

1.6. COUNTY agrees to provide CITY with accurate quarterly impound reports regarding the disposition of CITY animals.

1.7. COUNTY shall dispose of all dead animals delivered to the Animal Services Center from CITY subject to Chapter 6.08.080 of the Placer County Code, and any other applicable laws or regulations.

1.8. Animals/specimens delivered to COUNTY for rabies testing will be prepared, properly stored, and transported to the Sacramento County Public Health Laboratory for analysis. COUNTY will receive results and notify the CITY of the outcome and any Public Health recommendations as appropriate upon receipt of the results.

1.9. COUNTY shall perform field services within the incorporated jurisdiction of CITY. The cost of such services shall be included in the quarterly rate calculated as described in Exhibit B. Field services shall include, but are not limited to, responding to citizen complaints relating to domestic animals and livestock; law enforcement relating to dog licensing requirements and humane investigations; impounding strays; animal rescues; dead animal pickup and disposal; rabies control; and assisting other law enforcement and other governmental agencies as required.

Field services are provided on a 24-hour per day basis. Emergency services dispatched by the Placer County Sheriff’s Office are available after 5:00 p.m., weekends, and holidays. CITY herein designates the COUNTY and the COUNTY herein agrees to serve as the enforcing agency on behalf of the CITY for purposes set forth in this contract. 201

1.10. COUNTY shall perform all functions in accordance with applicable California Penal Code, Health and Safety Code, Food and Agriculture Code, Code of Regulations, Business and Professions Code and Placer County Code requirements, as periodically updated and amended, and in accordance with published California State policy statements regarding standards for animal control and care services. CITY herein designates the COUNTY and the COUNTY herein agrees to serve as the enforcing agency on behalf of the CITY for purposes set forth in this contract. When COUNTY is providing field services to CITY, CITY codes that are in conformance with COUNTY Codes will be enforced by COUNTY in accordance with Chapter 6 of the Placer County Code. CITY codes not in conformity with COUNTY codes shall be enforced by CITY.

1.11. CITY Manager, or authorized designee may request COUNTY to provide additional animal control emergency or other relief services that CITY may desire. A request for services shall not, however, guarantee provision of said services which, if rendered, shall be at the discretion of the COUNTY Director of Animal Services. COUNTY will contact CITY to confirm whether the requested services will be provided. The costs relating to these services are not included in this contract and shall be additional to the quarterly rate calculated as described in Exhibit B, Payment Provisions. If additional animal control emergency services are requested, a separate agreement with mutually agreed upon terms will be negotiated and executed by COUNTY and CITY.

1.12. COUNTY shall furnish and supply all necessary labor, supervision, equipment, dispatching services, facilities, and supplies necessary to maintain the level of services to be rendered hereunder.

1.13. COUNTY shall collect fees from the public, and shall retain all such fees, in addition to payments made by CITY pursuant to this Agreement.
202

EXHIBIT B

PAYMENT PROVISIONS
Per Government Code Section 51350, a county that provides services to a city or town pursuant to contract shall charge the city or town all those costs that are incurred in providing the services so contracted or authorized.

The total amount of this contract shall not exceed EIGHTY-FOUR THOUSAND EIGHT HUNDRED NINETY-SEVEN DOLLARS ($84,897). This amount is meant to be a maximum and allows for flexibility to include the annual CPI subject to an annual adjustment based on the California Department of Industrial Relations Consumer Price Index – California, for all Urban Consumers Increase up to a maximum of 10%. Changes to this maximum contract amount due to an increase in pro-rata share shall be memorialized in a subsequent amendment.

1. Charges for Animal Services
The charges for all shelter and field services set forth in Exhibit A, Scope of Services shall be based on the CITY’S pro-rata share of Animal Services Fiscal Year 2023-2024 budgeted operating cost. For Fiscal Year 2024-2025, charges are set at $10,106.67 Per Calendar Quarter. Charges for Fiscal Year 2025-2026 shall be subject to an annual adjustment based on the California Department of Industrial Relations Consumer Price Index – California, for all Urban Consumers up to a maximum of 10%. The adjustment shall be calculated using the most recent twelve-month period data available as of April 30 for each year. The FY 2025-26 charges will be $10,106.67 per calendar quarter as above plus the above-mentioned CPI amount.
203

EXHIBIT C

PLACER COUNTY INSURANCE AND INDEMNITY REQUIREMENTS
CITY shall file with COUNTY concurrently herewith a Certificate of Insurance, in companies acceptable to COUNTY, with a Best’s Rating of no less than A-:VII evidencing all coverages, limits, and endorsements listed below:

1. HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
COUNTY agrees to indemnify and hold harmless CITY and CITY’S employees or agents from and against any damages including costs and attorney’s fees arising out of negligent or intentional acts or omissions of COUNTY, its employees or agents.

CITY agrees to indemnify and hold harmless COUNTY, its employees, agents and elective and appointive boards from and against any damages including costs and attorney’s fees arising out of negligent or intentional acts or omissions of CITY, its employees or agents.

This indemnification shall extend to claims, losses, damages, injury, and liability for injuries occurring after completion of COUNTY’S services, as well as during the progress of rendering such services. Acceptance of insurance required by this Agreement does not relieve COUNTY from liability under this indemnification clause. This indemnification clause shall apply to all damages or claims for damages suffered by COUNTY’S operations regardless if any insurance is applicable or not.

2. INSURANCE:

It is agreed that CITY and COUNTY shall each maintain at all times during the performance of this Agreement insurance coverage or self-insurance in the amounts of not less than one million dollars ($1,000,000) to cover all of its operations, specifically, but not limited to, not less than one million dollars ($1,000,000) general liability, one million dollars ($1,000,000) automobile liability, and one million dollars ($1,000,000) workers’ compensation.
204
Staff Report to City Council
FOR THE MAY 8, 2024 REGULAR CITY COUNCIL MEETING
From: Ron Walker, City Manager
Prepared by: Ron Walker, City Manager
Subject: 3rd of July Event Funding
Budget Impact Overview:

N/A: Funded: √ Un-funded: Amount: $5,000 -
$8,000
Fund(s): 100-110
Summary/Background
The annual 3rd of July event has been traditionally put on by a non-profit and the city has in the past donated money to help pay for fireworks and general event costs.

Lisa Green of Festivals-of-Cali-805 is requesting funding for the annual 3rd of July event in the amount of $5,000 to $8,000 to help pay for Fireworks.

Conclusions and Findings
Staff is requesting the council discuss the Festivals-of-Cali-805 request for help to finance the event and provide direction.

Fiscal Impacts
City contributions to events are funded by the Fund 100 (General Fund). The current year (fiscal year 2023- 2024) budget was adopted in the amount of $20,000 of which $13,600.19 has already been expended – leaving a budget balance of $6,399.81.

Attachments:

1. Resolution __-2024
RECOMMENDED ACTION: Adopt Resolution __-2024 approving a $5,000 to $8,000 to help Festivalsof-Cali-805 finance the 2024 3rd of July Event. 205
City of Colfax
City Council
Resolution № __-2024
APPROVING A $_________ TO HELP FESTIVALS-OFCALI-805 FINANCE THE 3RD OF JULY EVENT
WHEREAS, the City Council of the City of Colfax traditionally donates funds to support certain city-wide events each year; and,
WHEREAS, the City requires the event organizer to request the funding amount and how the money will be spent; and,
WHEREAS, the Festivals-of-Cali-805, organizers of the 2024 3rd of July event have requested $5,000 TO $8,000 to go towards the purchase of fireworks for the event which is scheduled for July 3rd, 2024.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Colfax approves a donation of $ to Festivals-of-Cali-805 to go towards the purchase of fireworks for the 3rd of July event in 2024.

THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at the Regular Meeting of the City Council of the City of Colfax held on May 8, 2024, by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________________
Kim Douglass, Mayor
ATTEST:
________________________________________
Amanda Ahre, City Clerk
206

Colfax City CouncilMay 8, 2024

Colfax City Council
May 8, 2024