Colfax City Council Meetings are ADA compliant. If you need disability-related modification or accommodation including auxiliary aids or services to participate in this meeting, please contact the City Clerk at (530) 346-2313 at least 72 hours prior to make arrangements for ensuring your accessibility.
February 12, 2025
CityCouncil Meeting COUNCIL CHAMBERS, 33 SOUTH MAIN STREET, COLFAX, CA Mayor Sean Lomen ⋅ Mayor Pro Tem Caroline McCully
Councilmembers Trinity Burruss ⋅ Kim Douglass ⋅ Larry Hillberg
REGULARMEETINGAGENDA
February 12, 2025
Regular Session 6:00 PM
Simultaneous Teleconference Locations
(32.6393294, -110.5072431) Tom Rhodes Ranch Rd
Pinal County, AZ
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 OPEN SESSION
1A. Call Open Session to Order
1B. Pledge of Allegiance
1C. Roll Call
1D. 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. 1E. Statement of Conflict of Interest
2 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
2A. Minutes
Recommended Action: By Motion, approve the Colfax City Council minutes of 1/22/2025. 2B. Quarterly Investment Report – Quarter ended December 31, 2024 Recommended Action: Accept and File.
1 Pages 4-7
Pages 8-17
Colfax City Council Meetings are ADA compliant. If you need disability-related modification or accommodation including auxiliary aids or services to participate in this meeting, please contact the City Clerk at (530) 346-2313 at least 72 hours prior to make arrangements for ensuring your accessibility.
February 12, 2025
2C. Agreement with ICSystems to Perform Claims Collections for the City Recommended Action: Adopt Resolution __-2025 authorizing the City Manager to execute an agreement with ICSystems to perform Small Claims Collections for the City. 2D. Council Committee Assignments
Recommended Action: Approve amended City Council Committee Assignments for 2025. 2E. City Projects Report
Recommended Action: Review and Comment.
*** End of Consent Calendar ***
3 AGENCY REPORTS
3A. Placer County Sheriff’s Office
3B. California Highway Patrol
3C. Placer County Fire Department/CALFIRE
3D. Non-Profits
4 PRESENTATIONS (NONE)
5 PUBLIC HEARING (NONE)
6 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.
7 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.
7A. Committee Reports and Colfax Informational Items – All Councilmembers 7B. City Operations Update – City Manager
8 COUNCIL BUSINESS
8A. Settlement Agreement and Stipulation for Entry of Administrative Civil Liability Order – Wastewater Treatment Plant Equipment Purchase
Recommended Action: Adopt Resolution __-2025 authorizing the City Manager to execute an agreement with Hach Company for 6 LDO meters, 1 Nitrate meter, 1 SC4500 Controller unit and 1 SC1000 controller unit for $45,204.45.
8B. Filter Panels for Filtration Unit at the Wastewater Treatment Plant – Single Source Purchase Recommended Action: Adopt Resolution __-2025 authorizing the City Manager to execute an agreement with Veolia Water Technologies Inc. for Original Equipment Manufactured Filtration Panels for the Filtration units at the Wastewater Treatment Facility. 2 Pages 18-23
Pages 24-27
Pages 28-32
Pages 33-45
Pages 46-63
Colfax City Council Meetings are ADA compliant. If you need disability-related modification or accommodation including auxiliary aids or services to participate in this meeting, please contact the City Clerk at (530) 346-2313 at least 72 hours prior to make arrangements for ensuring your accessibility.
February 12, 2025
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 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. 8C. City Manager’s Performance Evaluation and Merit-Based Compensation Adjustment Recommended Action: Receive and File.
9 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.
9A. 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.
10 CLOSED SESSION (NONE)
11 ADJOURNMENT
3 Pages 64-74
CityCouncilMinutes
Regular Meeting of Colfax City Council
Wednesday, January 22, 2025
City Hall Council Chambers, 33 S Main Street,
Colfax CA and attended via Teleconference through ZOOM
1 OPENSESSION
1A. CallOpen Session to Order – Mayor Pro Lomen called the Open Session to order at 6:00 p.m. 1B. Pledge of Allegiance – Mike Maynard lead the Pledge of Allegiance. 1C. Roll Call
Present: , Councilmember Douglass, Councilmember Hillberg, Mayor Pro Tem McCully, Mayor Lomen
Absent: Councilmember Burruss
1D. Approval of Agenda Order
MOTION made by Councilmember McCully to approve the agenda order, seconded by Councilmember Hillberg, and approved by the following vote:
AYES: Douglass, Hillberg, McCully, Lomen
NOES:
ABSTAIN:
ABSENT: Burruss
1E. Statement of Conflict of Interest – No conflicts were identified by the Council or the public. 2 CONSENT CALENDAR
Mayor Lomen had a request to pull item 2D from the Consent Calendar. 2A. Minutes
Recommended Action: By Motion, approve the Colfax City Council minutes of 1/22/2025. 2B. Cash Summary – December 2024
Recommended Action: Accept and File.
2C. City Project Report
Recommended Action: Review and Comment.
MOTION made by Mayor Pro Tem McCully to approve all but 2D from the consent calendar, Seconded by Councilmember Douglass, and approved by the following vote:
AYES: Douglass, Hillberg, McCully, Lomen
NOES:
ABSTAIN:
ABSENT: Burruss
2D. New Sidewalk Repair Maintenance and Liability Ordinance Recommended Action: Conduct a second reading and adopt the attached Ordinance adding section 12.24 to the Colfax Municipal Code, to be effective 30 days after adoption.
Mike Maynard questioned the difference between legal sidewalks, walkways, and ADA approved sidewalks, and homeowner responsibility regarding snow removal.
Deborah Frankel questiond if there was a record of City trees, and how to find out if the trees in front of homes are City or privately owned.
Item 2A4
Theresa Gibson passed out pictures to Council of poorly maintained sidewalks and inaccessible sidewalks to people walking, using stroller, or wheelchairs on Canyon Way.
Councilmember Hillberg would like to see clarification in the Ordinance differentiating City owned trees and personal owned trees.
Item was pulled from the agenda, direction to staff is to add a provision differentiating between City owned trees and personally owned trees, damage caused by City Equipment, and City Employees. 3 Agency Reports
3A. Placer County Sheriff’s – Sergent Williams stated that extra patrols on Carpenter Rd that lead to two people with warrants out of Nevada County being arrested, and an illegal fire being extinguished. He also clarified a social media post made about the Colfax Pharmacy, he clarified that there was no attempt at a break in, there have been no calls for the stalking of women, and that the response time in that post was exaggerated. 3B. CHP – Officer Lyman was available for questions, but had no new statistics to report. 3C. Placer County Fire/CALFIRE – Battalion Chief Siebert reported that 12 engines have been sent to assist in the Sothern California Fires. He also commented that with new funding, they will be hiring 5 new engines. 3D. Non-Profits – Erin Newington with the Colfax Area Historic Downtown Association announced they will be holding a meeting January 29th to help create one unified calendar for the City of Colfax Events. 4 PRESENTATION
4A. Seniors First – Placer Rides Program
Recommended Action: Receive Presentation
Mark Hall from Seniors First and Placer Rides gave a presentation about this service.
Theresa Gibson questioned monthly payments, tax logs, and clarified the $.70/mile.
Mayor Pro Tem McCully questioned eligible trips, and requested an updated 2025 flyer for the program.
Councilmember Hillberg asked where the funding for the program comes from. 5 PUBLIC HEARING (NONE)
6 PUBLIC COMMENT
Trinity Burruss commented that she would be participating as a member of the public this evening due to being called into work and not having enough time to notice a remote location. 7 COUNCIL AND STAFF
7A. Committee Reports and Colfax Informational Items – All Councilmembers.
Councilmember Douglass attended the Auburn City Council meeting where there was a presentation by Johnathan Wright, Community Economic Developer. They discussed ways to regulate vacancies in commercial buildings, and he would like to review Auburn’s Ordinance once complete on this topic to see if it would be applicable for Colfax.
Councilmember Hillberg had nothing to report.
Mayor Pro Tem McCully attended a Heritage Park meeting, a SACOG meeting, and the Lion’s Crab feed.
Item 2A5
Mayor Lomen attended a Pioneer Energy meeting where rats and biomassed waste energy was discussed.
Tomorrow evening is a Sierra Fire Safe meeting.
7B. City Operations Update – City Manager
City Manager Walker has registered for the Capital-to-Capital program in May. He reported that the City Planner is working on the City’s Historic Inventory, Public Works is working on potholes and cleaning up vegetation around the City, and that staff is finalizing the scoring of the proposals received for the CalOES Home Hardening Grant.
8 COUNCIL BUSINESS
8A. Council Committee Assignments
Recommended Action: Approve City Council Committee Assignments for 2025.
No Public comment on this item.
Council discussed proposed changes. Mayor Pro Tem McCully would like to see the youth commissions become more active.
MOTION made by Mayor Pro Tem McCully to approve committee assignments for 2025, Seconded by Councilmember Douglass, and approved by the following vote:
AYES: Douglass, Hillberg, McCully, Lomen
NOES:
ABSTAIN:
ABSENT: Burruss
8B. Discuss the Temporary Improvements for Final Consideration Prior to Beginning Installation of Long-Term Equipment – Outdoor Dining Area – North Main St.
Recommended Action: Discuss and give direction.
Mayor Pro Tem McCully recused herself from this item.
City Manager Walker gave a brief overview of the history of the Outdoor Dining area.
Downtown Business and property owners including Chris McNabb, Blooming Mountain Flowers, Tammi Hampshire, Owner of 38 N Main, Kelly Moore, Snapdragon, Taylor Moore, Snapdragon, Caroline Presson, The Wrecking Crew, and Erin Newington, Colfax Area Historic Downtown Association, discussed the importance of an outdoor community space downtown. They also discussed concerns about parking, the cleaning responsibility of the outdoor space, and concerns over the ABC License of Main Street Pizza/The Basement in regards to beer/wine consumption in the outdoor seating area.
Zack LaFerrier, City worker for Grass Valley, cautioned the Council about cleaning the area, Public Works’ time being involved in cleaning and maintaining the area, as well as businesses potentially arguing over the area.
Council discussed this item further. Direction was given to staff to schedule a Public Workshop in the next 30 days and to continue working with business owners to be able to bring a design to the Public Workshop.
Item 2A6
9 GOOD OF THE ORDER
Councilmember Douglass had nothing to report.
Councilmember Hillberg had nothing to report.
Mayor Pro Tem McCully thanked City Attorney Conor Harkins for his insights during the meeting.
Mayor Lomen had nothing to report.
9A. Public Comment on Good of the Order
Trinity Burruss reminded everyone that any future meetings regarding the Outdoor Seating Area on North Main St will need to be publicly noticed to be within the City’s purview, any outside meetings will be irrelevant to the upcoming Public Workshop.
Mayor Lomen called for a 5 min recess.
10 CLOSED SESSION
Mayor Lomen called Council back to order at 8:24 pm.
10A. Public Comment (On Closed Session Items Only)
No public comment on Closed Session Item.
10B. By Consensus of the Council, adjourn to a Closed Session Council adjourned to a Closed Session at 8:24 pm.
10C. Roll Call
Present: Douglass, Hillberg, McCully, Lomen
Absent: Burruss
10D. Public Employee Performance Evaluation (Gov. Code §54957) The City Council conducted a performance evaluation of the City Manager and found that his job performance in 2024 was exemplary, and met the threshold for a merit increase in accordance with his contract. Approval of the contract will be a separate agenda item. The finding was approved by the following Councilmembers:
Lomen, McCully, Hillberg, and Douglass.
Burruss was absent.
11 ADJOURNMENT
As there was no further business on the agenda, Mayor Pro Tem McCully adjourned the meeting, by motion and without objection at 9:07 p.m. Respectfully submitted to City Council this 12th day of February, 2025.
Amanda Ahre, City Clerk
Item 2A7
City of Colfax Quarterly Investment Report – Quarter Ended 12/31/2024 Staff Report February 12, 2025
Staff Report to City Council
FOR THE FEBRUARY 12, 2025 REGULAR CITY COUNCIL MEETING
From:
Prepared by:
Subject:
Ron Walker, City Manager
Shanna Stahl, Administrative Services Officer
Quarterly Investment Report – Quarter ended December 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 2024-2025 reflects just over $5.3M in annual operating expenditures; therefore, our target for liquid short-term securities would be $2.65M.
The attached schedule Analysis of Treasury Investment Pool satisfies the State’s reporting requirements.
Additionally, we have determined:
• The investments held at December 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 4.08% for the quarter ended December 31, 2024.
• There are sufficient funds on deposit to meet all anticipated City expenditures for the period January 1, 2025, through June 30, 2025.
RECOMMENDED ACTION: Accept and File
Item 2B9
City of Colfax Quarterly Investment Report – Quarter Ended 12/31/2024 Staff Report February 12, 2025
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 12/31/2024)
3. State of California – PMIA Average Monthly Effective Yields
4. Resolution 29-2014
Item 2B10
City of Colfax
Analysis of Treasury Investment Pool
Quarterly Analysis - FY2024-2025
Report Date: 12/31/24
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 $ 6,717,806 93% 4.48% Corporate Checking US Bank N/A $ 534,434 7% 0.19%
Total Investment Pool $ 7,252,239 100% 4.08%
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 $ 7,407,151 89% 4.56% Corporate Checking US Bank N/A $ 888,709 11% 0.16%
Total Investment Pool $ 8,295,861 100% 4.24%
Quarter Ended 12/31/2024
Quarter Ended 09/30/2024
Item 2B11
December 4.434
November 4.477
October 4.518
September 4.575
August 4.579
July 4.516
PMIA Average Life(1): 252
LAIF Fair Value Factor(1): 0.999621985
PMIA Daily(1): 4.40
PMIA Quarter to Date(1): 4.48
LAIF Apportionment Rate(2): 4.62
LAIF Earnings Ratio(2): 0.00012664187216722
LAIF Administrative Cost(1)*: 0.28
Treasuries
55.91%
Agencies
25.25%
Certificates of
Deposit/Bank Notes
8.46%
Time
Deposits
3.27%
Commercial
Paper
6.40%
Corporate
Bonds
0.58%
Loans
0.13%
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 California, Office of the Controller
PMIA Average Monthly
Effective Yields(1)
PMIA/LAIF Performance Report
as of 01/22/25
Daily rates are now available here. View PMIA Daily Rates Quarterly Performance
Quarter Ended 12/31/24
Chart does not include $1,239,000.00 in mortgages, which equates to 0.001%. Percentages may not total 100% due to rounding.
Pooled Money Investment Account
Monthly Portfolio Composition (1)
12/31/24
$155.4 billion
Item 2B12
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 Select Language ▼
Home | Open Government | Careers | Contact | Calendar
Home PMIA Home Contacts Time Deposits LAIF
Search
1/27/25, 12:09 PM PMIA Average Monthly Effective Yields https://www.treasurer.ca.gov/pmia-laif/historical/avg_mn_ylds.asp 1/2 Item 2B13
Home | Comments | Disclosure Notice | Privacy Notice | Accessibility Statement | Unclaimed Property | Site Map | Download Adobe Reader © 2025 California State Treasurer's Office
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
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 4.272 4.332 4.480 4.516 4.579 4.575 4.518 4.477 4.434 * Revised
1/27/25, 12:09 PM PMIA Average Monthly Effective Yields https://www.treasurer.ca.gov/pmia-laif/historical/avg_mn_ylds.asp 2/2 Item 2B14
Item 3D
Item 2B15
Item 3D
Item 2B16
Item 3D
Item 2B17
Item 3D
Item 2B18
City of Colfax Agreement with ICSystems to Perform Small Claims Staff Report February 12, 2025 Collections for the City.
Staff Report to City Council
FOR THE FEBRAURY 12, 2024 REGULAR CITY COUNCIL MEETING
From: Ron Walker, City Manager
Prepared by: Ron Walker, City Manager
Subject: Agreement with ICSystems to Perform Claims Collections for the City.
Budget Impact Overview:
N/A: Funded: √ Un-funded: Amount: Fund(s): 400
Summary/Background
The City Finance staff has requested the City contracts with ICSystems to perform small claims matter where a motorist hit the City’s roundabout sign without insurance.
Conclusions and Findings
City Finance Staff researched different collection companies and their programs and are recommending ICsystems to perform this type of work for the City.
Fiscal Impacts
$75.00
Attachments:
1. Resolution __-2025
2. ICSystems Agreement
RECOMMENDED ACTION: Adopt Resolution __-2024 authorizing the City Manager to execute an agreement with ICSystems to perform Small Claims Collections for the City.
Item 2C19
_________________________________________________________________________________________ City of Colfax ICsystems Collection Services
Resolution _-2025
City of Colfax
City Council
Resolution № __-2025
APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMNT WITH ICSYSTEMS TO PERFRM CLAIMS COLLECTIONS FOR THE CITY.
WHEREAS, The City Finance staff has requested the City contracts with ICSystems to perform small claims matter where a motorist hit the City’s roundabout sign without insurance; and, WHEREAS, City Finance Staff researched different collection companies and their programs and are recommending ICsystems to perform this type of work for the City; and, WHEREAS, the City of Colfax wishes to execute an agreement ICsystems to perform collection 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 ICsystems to perform collection services.
THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at the Regular Meeting of the City Council of the City of Colfax held on February 12, 2025, by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________________
Sean Lomen, Mayor
ATTEST:
________________________________________
Amanda Ahre, City Clerk
Item 2C20
444 Hwy 96 East
St. Paul, MN 55127
800/685-0595
www.icsystem.com
All Agreements are subject to acceptance by IC at its corporate office. InstiCollect Collection Services Agreement 2022 • IC System • 800-685-0595 • www.icsystem.com Page 1 of 3 InstiCollect® Agreement Client #
ACCOUNT TREATMENT OVERVIEW
$50 minimum balance size required
Submit as many accounts as you choose
Collection efforts begin within one business day
PHASE I
After the one-time $75 setup fee, IC System receives a 35% fee on all recoveries.
Proactive Letters
1 or more letters sent on qualifying accounts of $50 or larger balance.
Outbound Phone Attempts from US-Based Collections Professionals Up to 31 outbound phone attempts in the first 120 Days based on modeling.
Skip Tracing
Automated skip tracing upon placement for all debts.
Credit Reporting
Eligible accounts over $50 receive Credit Reporting. NOTE: Effective 3/30/2023, the Credit Bureaus will require a minimum balance of $500 for healthcare accounts.
Inbound Call Handling
Outbound phone attempts and letter strategies drive return phone calls from consumers to IC System.
Intelligent Collections Strategies
Responsive collections based on dynamic changes in each account.
Client Portal
On-demand data access to your account activity through our secure client portal. Submit debts via our online Client Portal or upload batch files.
PHASE II
Accounts automatically roll to Phase II at day 181.
Contingency Fee of 50% includes:
Additional outbound phone attempts based on modeling, scoring, and strategy.
Additional letters based on modeling, scoring, and strategy.
Plus:
Credit Monitoring
We monitor eligible accounts for changes in the consumer’s credit profile that may lead to resolution.
Non-Litigation Attorney Referral
Create urgency with calls and letters from an attorney on IC System’s behalf.
Item 2C21
444 Hwy 96 East
St. Paul, MN 55127
800/685-0595
www.icsystem.com
All Agreements are subject to acceptance by IC at its corporate office. InstiCollect Collection Services Agreement 2022 • IC System • 800-685-0595 • www.icsystem.com Page 2 of 3
AGREEMENT DETAILS
1. I.C. System, Inc. (IC) will work to recover amounts due to .
Client gives IC full and exclusive authority to collect its unpaid accounts placed for collection, including the authority to accept and negotiate payments. Client shall refer all consumer communications to IC during the term of this Agreement. IC shall undertake all collection efforts through proper and lawful means, in compliance with applicable laws and regulations.
2. Service provided by IC. Clients may place accounts for collection from the date of this Agreement until the Agreement is terminated by either party. Fees due to IC from Client include all of the following:
• a non-refundable service fee of $75.00
• applicable state tax of $
• a fee of thirty-five percent (35%) on all amounts realized, which includes the return of merchandise, product or equipment on each Consumer or Commercial account.
If notice of dispute as to the fees due and owing by Client to IC is not received, in writing, by IC within sixty (60) days after the date IC provides the monthly billing statement to Client, Client shall be deemed to have approved and accepted such reported dollars collected and fees as due and owing and shall have waived any right to object to the amounts due to IC.
3. Withdrawals. Upon the withdrawal of an account by Client, the regular fee will apply to any amounts paid as of the date of withdrawal or promised as of that date. If Client requests an account withdrawal within 9 months of placement, or if Client does not respond to a disputed account within the requisite time under applicable law, Client will be billed 15% of the account balance. IC reserves the right to remove and withdraw any account from collections at its discretion without penalty to Client.
4. Client is responsible for providing accurate and up-to-date account information: Client agrees to provide accurate information on each account and promptly report any payments it receives on accounts placed with IC.
Client agrees it will not place accounts for collection if the consumer has filed bankruptcy. Client agrees it will place only accounts that are validly due and owing.
5. Indemnification: IC and Client will each indemnify and hold the other harmless from any claim, of any kind, made against the other party based on its breach of its obligations under this Agreement. If such a claim is made, the breaching party will pay the other for all liabilities, costs and damages of every kind, including reasonable attorneys’ fees. The non-breaching party must immediately notify the other party of any such claim.
6. Compliance Audit Reports and Record Retention. IC is required to conduct random client-account audits to comply with the Federal Trade Commission’s Identity Theft Red Flags Rule. While Client accounts are placed with IC, Client may receive Compliance Audit Reports from IC that require it to review account information, indicate any/all changes (to consumer names, balances, etc.), and verify compliance with the audit request.
Client agrees to promptly report updates or changes to account information on all accounts placed with IC.
7. Data Security. IC will maintain all applicable PCI DSS requirements to the extent IC possesses or otherwise stores, processes, or transmits cardholder data on behalf of Client, or to the extent that IC could impact the security of Client’s cardholder data environment.
8. SPECIAL SERVICE NOTES
Service includes (subject to availability and current pricing):
Credit Listing
IC will report information on Client accounts of $50 or more to credit reporting agencies. Client’s name will appear on those reports. In Massachusetts, Client authorizes IC to report account information as its agent.
Credit listing is included with Client’s service at no additional charge. Client must provide IC the date the debt was incurred or the date of last payment/charge for the debt to be eligible for credit reporting. Consumer accounts submitted without the consumer's full name, consumer’s address, and either the consumer’s date of Item 2C22
444 Hwy 96 East
St. Paul, MN 55127
800/685-0595
www.icsystem.com
All Agreements are subject to acceptance by IC at its corporate office. InstiCollect Collection Services Agreement 2022 • IC System • 800-685-0595 • www.icsystem.com Page 3 of 3 birth or social security number will not be eligible for credit reporting. Note: The account information will be maintained by IC including credit reporting for up to seven years from the date of delinquency. It is important that Client accurately report payments made to Client or any errors on the account during the time it is maintained by IC. The credit bureaus prohibit certain types of debts from reporting. Effective 3/30/2023, the Credit Bureaus will require a minimum balance of $500 for healthcare accounts.
Non-Litigation Attorney Referral
Accounts may be forwarded to independent attorneys for non-suit collection activity at the conclusion of our usual collection efforts. This referral will be for further collection efforts not including litigation. The attorneys providing these services are independent from IC. The attorneys will be serving as the Client’s attorneys and will not file suit, accept any compromise settlement or incur any expenses chargeable to Client without its approval. Client authorizes IC to act as its agent for purposes of referring the accounts, reporting the progress and handling amounts realized. IC and the attorneys retained will each be entitled to a fee for the services they each provide. The Client’s total fee for accounts collected in Non-Litigation Attorney Referral will 50% of the amount collected.
Credit Monitoring
IC will list accounts $100 or more for credit monitoring during which time they will be monitored for changes in the consumer’s credit profile. These changes may indicate an ability to pay and include, but are not limited to, the opening of a new trade line, indication of a loan being paid, or similar noteworthy credit event. Accounts will not be continuously monitored until after they have processed through intensive collections phase and attorney referral, if selected. An account will be monitored for (i) up to four years or (ii) until it reaches the applicable statute of limitations, statute of repose, or any other time limit, whether statutory, contractual, common law or otherwise concerning the account – whichever is sooner. Once accounts enter credit monitoring phase until the time that they are recalled from IC, the Client agrees to a fee of 50% of any amount collected.
SETTLEMENT AUTHORITY:
Settlement negotiations occur only after IC has first attempted to collect the FULL balance and then attempted to schedule a series of partial payments to collect the full balance. IC is authorized to accept 80% of the balance due for full settlement.
• The percent authorized above is the LOWEST for which IC can settle an account and may not necessarily be IC’s first offer. For example, IC may still be resolve accounts at 90%, etc. • Commissions will only be charged as a percentage of amounts collected.
Notice – IC System works with original creditors organized and/or incorporated in the United States to collect debt owed by debtors residing in the United States. IC System does not offer services to the following types of merchants or to merchants engaged in the following activities: ammunition or firearm sales, cable box de-scramblers, coin dealers, credit repair services, dating or escort services, debt consolidation services or debt buyers, drug or pharmacy distribution or sales, drug paraphernalia, fireworks sales, gambling, home-based charities, lottery sales, money transfer networks, pawn shops, payday loans, Ponzi schemes or pyramid type sales, pornography, racist materials, or tobacco sales.
Client Access to Data – It is important that Client notify IC immediately of any personnel changes, including terminations, that may affect access rights to IC applications.
CLIENT AGREES TO THE TERMS ON ALL PAGES OF THIS AGREEMENT:
Business Name:
Business Street Address:
City, State, Zip:
Item 2C23
444 Hwy 96 East
St. Paul, MN 55127
800/685-0595
www.icsystem.com
All Agreements are subject to acceptance by IC at its corporate office. InstiCollect Collection Services Agreement 2022 • IC System • 800-685-0595 • www.icsystem.com Page 4 of 3 Phone: Email*:
*providing information authorizes IC System to email business information.
Please print:
Name & Title:
Signature: Date:
Item 2C24
City of Colfax Council Committee Assignments
Staff Report February 12, 2025
Staff Report to City Council
FOR THE FEBRUARY 12, 2025 REGULAR CITY COUNCIL MEETING
From: Ron Walker, City Manager
Prepared by: Amanda Ahre, City Clerk
Subject: Council Committee Assignments
Budget Impact Overview:
N/A: √ Funded: Un-funded: Amount: Fund(s):
Summary/Background
Each year the Mayor recommends assignments for Council Members, staff or the public to serve on the boards of local agencies, advisory boards, and committees within the surrounding area. Generally, Council Members request their assignments and develop expertise to represent the City to improve resources or influence within the region.
Council previously approved the attached Committee Assignments at the January 22, 2025, however it was brought to the attention of Staff that there is an additional Committee associated with the Placer County Air Pollution Control District (PCAPCD), named the Mountain Counties Air Basin Control Council (MCABCC).
As Caroline McCully is currently the appointed Councilmember to the PCAPCD committee, staff recommends appointing Caroline McCully to the Mountain Counties Air Basin Control Council as well.
Mayor Pro Tem McCully currently receives a $100 per month stipend for her appointment to the Placer County Air Pollution Control District, and a $100 per month stipend to the Sacramento Area Council of Governments Board of Directors. These stipends will remain unchanged Attachments:
1. 2025 Council Committee Assignments
RECOMMENDED ACTION: Approve Amended City Council Committee Assignments for 2025.
Item 2D25
2025 Committee Assignment List – Adopted 1/22/2025 – Proposed Changes Highlighted in yellow External Board/Committee Colfax
Representative Meeting Information Meeting Location Reimbursement/ Stipend Placer County Economic
Development Board (PCEDB)
Larry Hillberg
Alt: Kim
Douglass
11:30AM 3rd Thursday
4x/yr
Jan/Apr/July/Sept
Auburn City Hall, 1225 Lincoln Way
Room 10 and via ZOOM No Stipend
Weimar, Applegate,
Colfax/Municipal Advisory Council
(WAC/MAC)
Larry Hillberg
Alt: Kim Douglass
6:00PM
3rd Wednesday every other
month -
Jan/Mar/ay/July/Sept/Nov
Colfax City Hall No Stipend
Sacramento Area Council of
Governments (SACOG)
Board of Directors
Caroline
McCully
Alt: Trinity Burruss
9:30AM
3rd Thursday
Currently Zoom / then 1415 L. Street,
Suite 300 Sacramento $100 Stipend
Placer County Air Pollution Control
District (PCAPCD)
Caroline McCully
Alt: Kim Douglass
2:30PM
2nd Thursday 6x/yr
BOS Chambers
175 Fulweiler Ave Auburn $100 Stipend
Placer Mosquito & Vector Control
District (PMVCD)
Will Stockwin
Alt. Larry Hillberg
4:30PM
3rd Monday / Every Month 2021 Opportunity Dr Roseville $100 Stipend Project Go Kim Douglass
Alt. Sean Lomen
5:30PM
3rd Thursday 801 Vernon St Roseville No Stipend
Placer County Transportation
Planning Agency (PCTPA)
Trinity Burruss
Alt: Sean Lomen
Caroline McCully
9:00AM
4th Wednesday / Every
Month
BOS Chambers
175 Fulweiler Ave Auburn $100 Stipend
Local Agency Formation
Commission Sean Lomen
4:00PM
2nd Wednesday / Every
Month
BOS Chambers
175 Fulweiler Ave Auburn $100 Stipend
Solid Waste Task Force Ron Walker Alt:
Sean Lomen
9:00AM
1st Thursday 4x/yr
Feb/May/Aug/Nov
CRDC Cypress Room, 2091 County
Center Dr, Suite 170, Auburn No Stipend
Placer Sierra Fire Safe Council Sean Lomen
Alt: Kim Douglass
6:00PM
4th Thursday / Every Month
City of Colfax
Council Chambers
Location TBD
No Stipend
Item 2D27
2025 Committee Assignment List
External Board/Committee
(Continued)
Colfax
Representative Meeting Information Meeting Location Reimbursement/ Stipend Placer County Selection Committee Mayor Yearly No Stipend League of California Cities
Sacramento Valley Division Liaison
Kim Douglass
Alt: Sean Lomen
1st Meeting May 16, 2025*
in person in Yreka 4x/yr
Additional Meetings TBD
No Stipend
Mountain Counties Air Basin Control
Council
Caroline McCully Once or Twice a year
Meetings are held Via Zoom
Zoom No Stipend
Bianchini Advisory Board
Kim Douglass
Alt: Caroline
McCully
No Stipend
Sierra Vista Community Center
Liaison
Larry Hillberg
Alt: Sean Lomen
6:00pm
3rd Wednesday Community Center No Stipend
Colfax Schools Liaison Trinity Burruss
Alt: Sean Lomen No Stipend
Pioneer Community Energy Sean Lomen
Alt: Kim Douglass
3:00PM
3rd Thursday
2510 Warren Drive, Suite B Rocklin, CA
95677
No Stipend
Placer County Flood Control and
Water Conservation District
(Board of Directors)
Sean Lomen
Alt: Caroline
McCully
2nd Monday Monthly
4:00pm
Rocklin City Council Chambers
390 Rocklin Rd. $100 Stipend
Placer Regional Homelessness
Action Plan Ad hoc Sean Lomen
Kim Douglass
As Needed
Internal Board/Committee Colfax
Representative Meeting Information Meeting Location Reimbursement/ Stipend Colfax Bike Park Kim Douglass
Open As Needed To Be Determined No Stipend
Colfax Skate Park Sean Lomen
Caroline McCully As Needed To Be Determined No Stipend
Emergency Services Sean Lomen
Trinity Burruss
As Needed To Be Determined
No Stipend
Council Policy Ad hoc Caroline McCully
Trinity Burruss As Needed To Be Determined No Stipend
Youth Commission Selection
Committee
Larry Hillberg
Kim Douglass
2-Elementary
Teachers
2-High School
Teachers TBD
City Hall, Colfax Elementary, Colfax High
School
No Stipend
Item 2D28
Colfax Youth Commission
5 Students (3-High
Schoolers, 2 SixthEigth Graders) Once per month Colfax Elementary School TBD
Private Development Service Fees
Ad Hoc Committee
Trinity Burruss
Kim Douglass Once per month To Be Determined
TBD
Revitalization of Historic Downtown
Colfax Ad Hoc Committee
Sean Lomen
Larry Hillberg
As Needed To Be Determined
TBD
Shady Glen Sewer Integration
Project
Sean Lomen
Caroline McCully As Needed To Be Determined TBD
Caboose Relocation Ad Hoc Caroline McCully
Larry Hillberg As Needed To Be Determined
TBD
Item 2D29
City of Colfax Project(s) Report
Staff Report February12, 2025
Staff Report to City Council
FOR THE FEBRUARY 12, 2025 REGULAR CITY COUNCIL MEETING
From: Ron Walker, City Manager
Prepared by: Ron Walker, City Manager
Subject: City Projects Report
Budget Impact Overview:
N/A: Funded: √ Un-funded: Amount: Fund(s):
Summary/Background
The following is a list of projects, by department, that have either been completed or are in progress.
Week of January 26- Feb 1, 2025
City Manager
• Review documents for budget meeting.
• Met with Councilmen Douglass.
• Met with Council Member McCully.
• Met with Public Works Supervisor.
• Attended preliminary midyear budget adjustment meeting. • Attended preliminary Shady Glen planning meeting with Jim Fletter and Matt Chambers with the State Water Resource Board.
• Met with Matt, Chief Plant Operator and operations staff to discuss the Supervisory Control and Data Acquisition system (SCADA).
• Kickoff meeting with 4Leaf to discuss Home Hardening and Defensible Space Project Management.
Planning
• Sidewalk repair revisions, back to Council February 26, 2025 • Cal OES reached out to me to let me know the City’s local hazards mitigation plan (LHMP) expires next year and will need to be updated. There are grants available that we should explore. • Processing an admin permit for a tow yard.
Maintenance Department
• Fixed lighting at Roy Toms and some on Main St. and Depot as well • Dethatched Depot and Art park also fertilized and seeded • Laid down fabric and rip rap in Church St. drainage
• Stayed busy doing potholes
• 2 hours a day at the end of each day cleaning upper Corp yard area • Clearing of city drains
RECOMMENDED ACTION: Review and Comment.
Item 2E30
City of Colfax Project(s) Report
Staff Report February12, 2025
Wastewater Treatment Plant/Sewer
• Bypass for SAF and CCB installed Friday.
• Tuesday/ Wednesday Pond 3 & CCB pumps start up.
• Thursday SAF unit Mechanical startup. Did not go so well Harron trying to figure it out Internet went down diverted overnight.
Administrative Services
• I oversaw daily accounting functions such as cash receipts, accounts payable and payroll. We received $1.5M from the State for the WWTP grant reimbursement and $35K for the CDBG project. • I prepared the LAIF allocation for the quarter ending 12.31.24 and posted the subsequent journal entry.
This also included a true-up of interest allocated to fund 257 – transit capital. This was recommended during the audit process, since this fund now has a substantial balance. • I prepared the quarterly investment summary for the quarter ending 12.31.24. • I worked with the State Controller’s office to review the annual streets and roads report for accuracy. • Processed another reimbursement request for CDBG; however, we will have not paid the final change order, so this request is very small.
• Processed the use tax return for the quarter ending 12.31.24 – trained staff. • Provided ethics certificates to City Clerk
• Prepared the next WWTP grant reimbursement request - $872K – Soft costs pending budget amendments.
• Processed Land Development invoicing.
City Clerk
• Participated in additional training classes
• worked on and submitted information from a request from the Grand Jury. • learned more about the building permit process.
• received 2 public records requests (still waiting for the requesters to officially submit the forms). • helped in the day-to-day operations of City Hall.
Engineering
• Review & respond to daily emails
• Assist Joe with various sewer inspections/issues
• Respond to Colfax Motor Lodge I&I trench failure
• Review Forest Hill CDBG pavement failure
• Coordinate with PG&E re: tree removal at Kneeland/Depot • Observe WWTP Algae project startup
• Coordinating CDBG grant funds for new scope of work, goal to CC on 2/26 w/ NOC • 90% of Skatepark plans were reviewed and sent to designer. Meeting last Friday with CC, designer, and city staff.
• Gordon’s Gym plans in review
• Proposed AMTRAK station traffic control plan review response pending Item 2E31
City of Colfax Project(s) Report
Staff Report February12, 2025
• Coordinating PG&E pole/SD conflict repair, PW to check on jetting/camera • Respond to complaints
• Review encroachment permit applications
• Prepare sewer evaluations
• Review city-wide storm drainage & potholes and inform PW staff of issues • Coor w/ PW staff re: ramp at N. Main, Church ditch to rock, USA notifications, LS5 guardrail repair.
Building/Code Enforcement
• Sewer Lateral inspection at 29 Lincoln St. Inspection results: Bad from house to Newman ONLY.
• Working with Carl on the development of our FOG program. Setting up meeting time with SPMUD to learn their program.
• Waiting for Dave Gard’s return to discuss unpermitted bathroom and sewer lateral. Informed tenant of the options for him to stay. No Dave yet.
• Old 7-11 sewer lateral cleanout Starbucks entrance. Permit issued. • NID building on Whitcomb - TI design meetings w/ architect. Roof near complete. • U.P. property cleanup and sewer lateral inspection completed at 202 Dinky. UP plugged manhole to abandon lateral.
• 11 N. Main sewer smell. 14 N. Foresthill bad seal on sewer pump lid. Owner to replace. • 333 Canyon – TI for Sierra Animal Clinic. ADA parking change/retaining wall discussion. TOC discussion.
• LDS Church – New roof. Holding up the roof final to complete lateral inspection. Plumber to dig up buried private manhole to complete inspection.
• Plan reviews and inspections.
• Code enforcement. Canyon View apartment complaint about dead vegetation behind property. • Working with contractor on stairs and porch for 120 Pleasant. Field changes discussed. • Working with designer for 1225 Hwy 174 commercial building development. • Colfax net inspections for new LPG tank and generator. • Final corrections for 55 School St. Gas furnace.
Week of January 19 - 25, 2024
City Manager
• Outdoor Dining Area, location planning.
• Team Building Training.
• Attended City Council Meeting.
• Attended senior staff training.
• Evaluated roundabout sign replacement.
• Met with Chief Plant Operator regarding new SCADA system. • Met with Mayor Lowman, Mayor Pro Tem McCully, CPC Mat Anderson, and Jim Fletter to discuss Algae project budget.
Planning
• Prepared updated ordinance.
Item 2E32
City of Colfax Project(s) Report
Staff Report February12, 2025
• Preparing administrative permit.
Maintenance Department
• Worked with a heating and air contractor to repair the heater in council chambers. • Troubleshooting heating problem at Sheriff’s substation. • Worked with city building inspector to develop plan to repair metal awning along North Main St. • Continue clearing hillside next to splash pad area.
• Casey participated in Team Building Training at City Hall. • Worked on lighting at Museum.
• Met with alarm contractor to address alarm issue at Depot building. • Purchased parts to repair lighting by train station and North Main Street. • Brush cleanup at the city Corporation Yard.
• Repaired tilt trailer.
Wastewater Treatment Plant/Sewer
• Weekly WWTP report:
• Startup of pond 3 pumps Monday 1/27/25.
• Mechanical startup of the SAF unit Wednesday 1/29/25. • Bioassay complete.
• Normal operations.
Administrative Services
• Trained staff on the processing of 1099s.
• Trained staff on the processing of W2s.
• Oversaw daily accounting including cash receipts, accounts payable and payroll (on the side of the road ������)
• Attended the Council meeting
• Attended the SCORE Board meeting in Anderson
• Attended the People Code training – very informative
• Prepared reports for mid-year review discussion
• Completed the mid-year review proposed changes for discussion • Submitted the single audit – Per Richardson
• Worked on 358 – Beth Dodd stated it is better for us to wait until the final Hansen Bros. change order is processed, as they will hold all reimbursement requests once the official request for Phase II is in process.
• Worked on 575 – The Water Board has stated they approved the requests from October and December, but one had adjustments that we are working through.
City Clerk
• City Teamwork Training.
• Prepared for the City Council meeting (printing materials, setting up, and taking down audio equipment).
Item 2E33
City of Colfax Project(s) Report
Staff Report February12, 2025
• Responded to a public records request, received 2 additional public records requests and started the process of obtaining the requested information.
• Helped with the day-to-day workings of the office.
• Booked my travel for the Municipal Clerk’s Institute training session that will take place in San Marcos in February.
Engineering
• Review & respond to daily emails
• Assist Joe with various sewer inspections/issues
• Coordinating CDBG grant funds for new scope of work, goal to CC on 2/12 w/ NOC • 90% Skatepark plans in review
• Gordon’s Gym plans in review
• Proposed AMTRAK station traffic control plan review response pending • Coordinating PG&E pole/SD conflict repair, PW to check on jetting/camera • Evaluating groundwater issue on Culver south of Grass Valley St., meeting w/ Geocon on 1/21 • Respond to complaints
• Review encroachment permit applications
• Prepare sewer evaluations
• Review city-wide storm drainage & potholes and inform PW staff of issues • Coor w/ PW staff re: ramp at N. Main, Church ditch to rock, USA notifications, LS5 guardrail repair • Attend Team Building training on Tuesday and Thursday Building/Code Enforcement
• Sewer Lateral inspection at 29 Lincoln St. all the way to Culver down Newman St. – Bad from house to Newman.
• Working with Carl on the development of our FOG program. • Waiting for Dave Gard’s return to discuss unpermitted bathroom and sewer lateral. • Old 7-11 sewer lateral cleanout installed in Starbucks entrance. Starbucks gave consent. • NID building on Whitcomb - TI design meetings w/ architect. Roof near complete. • U.P. property cleanup and sewer lateral inspection at 202 Dinky. Manhole plugged. Sewer letter needed.
• 11 N. Main sewer smell. 14 N. Foresthill bad seal on sewer pump lid. Owner to replace. • 333 Canyon – TI for Sierra Animal Clinic. ADA parking change/retaining wall discussion. • LDS Church – New roof complete. Needs mfg inspection. Holding up roof final. Plumber Needs to expose buried private manhole to complete inspection.
• Plan reviews and inspections.
• Code enforcement.
• Approved stairs and porch for 120 Pleasant
• Team building training on Tuesday and Thursday.
Item 2E34
City of Colfax Settlement Agreement and Stipulation for Entry of Administrative Civil Liability Order – Wastewater Treatment Plant.
Staff Report February 12, 2025
Staff Report to City Council
FOR THE FEBRUARY 12, 2025 REGULAR CITY COUNCIL MEETING
From: Ron Walker, City Manager
Prepared by: Matt Anderson, Chief Plant Operator
Subject: Settlement Agreement and Stipulation for Entry of Administrative Civil Liability Order – Wastewater Treatment Plant Equipment Purchase Budget Impact Overview:
N/A: Funded: √ Un-funded: Amount: $45,204.45 Fund(s): 560 Summary/Background
On 11 April 2024, Central Valley Water Board staff issued the Discharger a Notice of Violation (NOV) and draft Record of Violations (ROV) for effluent limitation violations which occurred from 1 July 2016 through 31 January 2024. The City responded on 25 April 2024 to the ROV and agreed with the violations.
According to the City’s self-monitoring reports, the City committed three (3) serious Group 1 violations, and eighteen (18) non-serious violations of the above effluent limitations contained in WDRs Orders R5-2013-0045, R5-2018-0012, and R5-2023-0025-001 as shown in Attachment A. The three (3) serious Group I violations are subject to MMPs under Water Code section 13385, subdivision (h) because measured concentrations of Group I constituents exceeded maximum prescribed levels in WDRs R5-2018-0012 by 40 percent or more. Nine (9) of the 18 non-serious violations are subject to MMPs under Water Code Section 13385, subdivision (i)(1) because these violations were preceded by three or more effluent limit violations within a 180-day period. The total amount of the MMPs assessed for the alleged effluent violations is thirty-six thousand dollars ($36,000).
In lieu of assessing all or a portion of the mandatory minimum penalties against a publicly owned treatment works serving a small community, the State Board or the Regional Board may elect to require the publicly owned treatment works to spend an equivalent amount towards the completion of a compliance project proposed by the publicly owned works. The Central Valley Water Board finds the City is eligible for a Compliance Project because the Facility is a publicly owned treatment works serving a small community with financial hardship. To resolve the violations by consent and without further administrative proceedings, the Parties have agreed to the imposition of an administrative civil liability in the amount of thirty-six thousand dollars ($36,000) in MMPs against the Discharger.
The Compliance Project consists of wastewater treatment plant modification tasks to improve effluent water quality and minimize violations associated with treated effluent discharge. The Discharger proposes to install a Dissolved Oxygen monitoring system in the Aeration basins and a Nitrate monitoring system. Each of the new features added will be controlled by the Facility’s supervisory control and data acquisition (SCADA) system.
The addition of an Dissolved oxygen monitoring system and Nitrate monitoring systems will allow the Discharger to monitor for full Nitrification significantly reducing the likelihood of future ammonia effluent Violations. The SCADA upgrades will improve the water quality that reaches the UV disinfection system and allow for improved response to UV transmittance and dosage issues, which can lead to poor disinfection. The SCADA upgrades will reduce the likelihood of future total coliform effluent violations.
RECOMMENDED ACTION: Adopt Resolution __-2025 authorizing the City Manager to execute an agreement with Hach Company for 6 LDO meters, 1 Nitrate meter, 1 SC4500 Controller unit and 1 SC1000 controller unit for $45,204.45.
Item 8A35
City of Colfax Settlement Agreement and Stipulation for Entry of Administrative Civil Liability Order – Wastewater Treatment Plant.
Staff Report February 12, 2025
Conclusions and Findings
To meet the requirement of the In lieu of assessment all or a portion of the mandatory minimum, the City will spend an equivalent amount towards the completion of a compliance project. The City will be purchasing Hach Brand equipment to match the existing equipment.
The compliance project will consist of the following equipment, 6 LDO meters, 1 Nitrate meter, 1 SC4500 and 1 SC1000 controller units.
Staff was able to find two vendors to obtain quotes for the equipment needed to meet the parameters of the compliance project.
USA Bluebook ---------------------------------------------------------------------------------------$33,338.00 This quote does not contain an NT3100SC UV Nitrate meter. Usa Bluebook cannot quote the item. The Item is sold exclusively by Hach Company.
Hach Company -----------------------------------------------------------------------------------$27,952.25 Hack Quote for an NT3100sc UV Nitrate Sensor --------------------------------------------$14,028.40 Total including NT3100sc UV Nitrate Sensor ----------------------------------------------- $41,980.65 Fiscal Impacts
$41,980.65 + $3043.60 TX, and $180.00 Estimated Shipping, Totaling $45,204.25 Attachments:
1. Resolution __-2025
2. USA Blue Book Quote
3. Hach Company Quote
Item 8A36
_________________________________________________________________________________________ City of Colfax Settlement Agreement and Stipulation for Entry of Administrative Civil Liability Order – Wastewater Treatment Plant Equipment Purchase.
Resolution _-2025
City of Colfax
City Council
Resolution № __-2025
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HACK COMPANY FOR 6 LDO METERS, 1 NITRATE METER, 1 SC4500, AND 1 SC1000 CONTROLLER UNITS FOR $45,204.25
WHEREAS, On 11 April 2024, Central Valley Water Board staff issued the Discharger a Notice of Violation (NOV) and draft Record of Violations (ROV) for effluent limitation violations which occurred from 1 July 2016 through 31 January 2024. The City responded on 25 April 2024 to the ROV and agreed with the violations; and,
WHEREAS, According to the City’s self-monitoring reports, the City committed three (3) serious Group 1 violations, and eighteen (18) non-serious violations of the above effluent limitations contained in WDRs Orders R5-2013-0045, R5-2018-0012, and R5-2023-0025-001 as shown in Attachment A. The three (3) serious Group I violations are subject to MMPs under Water Code section 13385, subdivision (h) because measured concentrations of Group I constituents exceeded maximum prescribed levels in WDRs R5-2018-0012 by 40 percent or more. Nine (9) of the 18 non-serious violations are subject to MMPs under Water Code Section 13385, subdivision (i)(1) because these violations were preceded by three or more effluent limit violations within a 180-day period. The total amount of the MMPs assessed for the alleged effluent violations is thirty-six thousand dollars ($36,000); and, WHEREAS, in lieu of assessing all or a portion of the mandatory minimum penalties against a publicly owned treatment works serving a small community, the State Board or the Regional Board may elect to require the publicly owned treatment works to spend an equivalent amount towards the completion of a compliance project proposed by the publicly owned works; and, WHEREAS, The Compliance Project consists of wastewater treatment plant modification tasks to improve effluent water quality and minimize violations associated with treated effluent discharge. The Discharger proposes to install a Dissolved Oxygen monitoring system in the Aeration basins and a Nitrate monitoring system. Each of the new features added will be controlled by the Facility’s supervisory control and data acquisition (SCADA) system; and,
WHEREAS, to meet the requirement of the In lieu of assessment all or a portion of the mandatory minimum, the City will spend an equivalent amount towards the completion of a compliance project. The City will be purchasing Hach Brand equipment to match the existing equipment. The compliance project will consist of the following equipment, 6 LDO meters, 1 Nitrate Meter, 1 SC4500 and 1 SC1000 controller units; and,
WHEREAS, the City of Colfax wishes to execute an agreement with Hach Company for 6 LDO Meters, 1 Nitrate Meter, 1 SC4500 Controller, and 1 SC1000 Controller units for $45,204.45 Item 8A37
_________________________________________________________________________________________ City of Colfax Settlement Agreement and Stipulation for Entry of Administrative Civil Liability Order – Wastewater Treatment Plant Equipment Purchase.
Resolution _-2025
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 Hach Company for 6 LDO Meters, 1 Nitrate Meter, 1 SC4500 Controller, and 1 SC1000 Controller units for $45,204.45.
THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at the Regular Meeting of the City Council of the City of Colfax held on February 12, 2025, by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________________
Sean Lomen, Mayor
ATTEST:
________________________________________
Amanda Ahre, City Clerk
Item 8A38
Item 8A39
Item 8A40
Item 8A41
Quotation
Quote Date: 09-Jan-2025 Quote Expiration: 10-Mar-2025
Quote Number: 101105814v6
Use quote number at time of order to ensure
that you receive prices quoted
Hach
Phone: (800) 227-4224
Email: [email protected]
Website: www.hach.com
PO Box 608
Loveland, CO 80539-0608
2,752.30 16,513.80
3,811.40 3,811.40
4,771.90 4,771.90
14,028.40 14,028.40
2,855.15 2,855.15
180.00
42,160.65
CITY OF COLFAX
PO BOX 702
COLFAX, CA 95713-0702
Name: Matt Anderson
Phone: 30-308-4597
Email: [email protected]
Customer Account Number : 180486
Sales Contact: Kyle Taylor Email: [email protected] Phone: 970-307-2430
PRICING QUOTATION
Line Part Number Description Qty % Disc Net Unit Price Extended Price 1 9020000 Hach LDO sc Model 2, DO Probe with Luminescent Dissolved Oxygen Technology. Standard lead time 3 days. 6 15%
2 LXV400.99.5B532
SC1000 Probe Module, 6 Sensor Connectors, 4 mA Output, 4 mA/digital Input, Modbus 485, 4 Relays, 100-240 VAC, with US plug. Standard lead time 23 days.
1 15%
3 LXV402.99.02002 SC1000 Multi-parameter Universal Controller Display Module with GSM/GPRS (for use in USA). Standard lead time 23 days. 1 15% 4 LXV448.99.11001 db ee NT3100sc UV Nitrate Sensor, 1 mm path length. Standard lead time 23 days. 1 15%
5 LXV525.99A11551 SC4500 Controller, Prognosys, 5x mA Output, 2 Digital Sensors, 100-240 VAC, without power cord. Standard lead time 3 days. 1 15% Estimated ground shipping $
Grand Total $
TERMS OF SALE
Freight: Ground Prepay and Add FCA: Hach's facility
ALL LEAD TIMES ARE ESTIMATED AND NOT GUARANTEED.
All purchases of Hach Company products and/or services are expressly and without limitation subject to Hach Company's Terms & Conditions of Sale ("Hach TCS"), incorporated herein by reference and published on Hach Company's website at www.hach.com/terms. Hach TCS are contained directly and/or by reference in Hach's offer, order acknowledgment, and invoice documents. The first of the following acts constitutes an acceptance of Hach's offer and not a counteroffer and creates a contract of sale "Contract" in accordance with the Hach TCS: (i) Buyer's issuance of a purchase order document against Hach's offer; (ii) acknowledgement of Buyer's order by Hach; or (iii) commencement of any performance by Hach pursuant to Buyer's order. Provisions contained in Buyer's purchase documents (including electronic commerce interfaces) that materially alter, add to or subtract from the provisions of the Hach TCS are not part of the Contract.
Due to International regulations, a U.S. Department of Commerce Export License may be required. Hach reserves the right to approve specific shipping agents. Wooden boxes suitable for ocean shipment are extra. Specify final destination to ensure proper documentation and packing suitable for International transport. In addition, Hach may require : 1). A statement of intended end-use; 2).Certification that the intended end-use does not relate to proliferation of weapons of mass destruction (prohibited nuclear end use, chemical / biological weapons, missile technology); and 3). Certification that the goods will not be diverted contrary to U.S. and/or applicable laws in force in Buyer’s jurisdiction.
ORDER TERMS:
Terms are Subject to Credit Review
In order for Hach to process the order as quickly as possible, please provide the following information. • Complete Billing address.
• Complete Shipping address.
• Part numbers and quantities of items being ordered.
• Please reference the quotation number on your purchase order If the order is over $25,000 Hach will also require the following additional information. • Pricing
• Purchase Order Number
• Freight terms and INCO term FOB Origin or FCA Shipping Point • Required delivery date
• Vendor name should specify “Hach Company” with the Loveland address:
o Hach, PO Box 389, Loveland, CO 80539
• Credit terms of payment. Default payment terms are Net 30. • Indicate if order needs to ship complete or if it can ship partial. • Tax status
• Special invoicing instructions
Sales tax is not included on quote. Applicable sales tax will be added to the invoice based on the U.S. destination, if applicable provide a resale/exemption certificate.
Shipments will be prepaid and added to invoices unless otherwise specified.
Equipment quoted operates with standard U.S. supply voltage.
Hach standard terms and conditions apply to all sales.
Additional terms and conditions apply to orders for service partnerships.
Prices do not include delivery of product. Reference attached Freight Charge Schedule and Collect Handling Fees.
This Quote is good for a one time purchase
Virtual and/or on-site training must be scheduled/completed within 30 days of order, or the price will be subject to change.
Sales Contact:
Name: Kyle Taylor
Title: Inside Sales Account Manager
Phone: 970-307-2430
Email: [email protected] Page 2 of 2
HACH COMPANY
Headquarters U.S.A. Remittance
Quotation Addendum
P.O. Box 389
5600 Lindbergh Drive
Loveland, CO 80539-0389
Purchase Orders
PO Box 608
Loveland, CO 80539-0608
WebSite: www.hach.com
Phone: 800-227-4224
Fax: 970-669-2932
E-Mail: [email protected]
[email protected]
[email protected]
Export
Phone: 970-669-3050
Fax: 970-461-3939
Email: [email protected]
2207 Collections Center Drive
Chicago, IL 60693
Wire Transfers
Bank of America
231 S. LaSalle St.
Chicago, IL 60604
Account: 8765602385
Routing (ABA): 071000039
ADVANTAGES OF WORKING WITH HACH
Pick&Ship™ Technical Support
Protect your investment & peace of mind
✓ A global partner who understands your
needs
✓ Delivers timely, high-quality service you
can trust
✓ Provides team of unique experts to help
you maximize instrument uptime
✓ Ensure data integrity
✓ Maintain operational stability
✓ Reduce compliance risk
Pick&Ship™ Program offers a better way to
keep your supplies in stock
✓ Convenience of one purchase order for the
entire year
✓ Flexibility to change, cancel or create new
orders
✓ Savings from locking in prices & thus
avoiding price surges and rush charges
✓ Peace of mind with automatic, reliable
shipments just as you need them
Provides post-sale instrumentation and
application support
✓ Hach’s highly skilled Technical
Support staff is dedicated to helping
you resolve technical issues before,
during and after the sale.
✓ Available via phone, e-mail, or live
online chat at Hach.com!
✓ Fast access to answers at
https://support.hach.com
✓ Toll-free phone: 800-227-4224
✓ E-mail: [email protected]
www.hach.com/service-contracts www.Hach.com/pickandship www.Hach.com
ADVANTAGES OF SIMPLIFIED SHIPPING AND HANDLING
Safe & Fast Delivery Save Time – Less Hassle Save Money ✓ Receive tracking numbers on your order
acknowledgement
✓ Hach will assist with claims if an order is
lost or damaged in shipment
✓ No need to set up deliveries for orders or to
schedule pickup
✓ Hach ships order as product is available, at
no additional charge, when simplified
shipping and handling is used.
✓ No additional invoice to process –
save on time and administrative costs
✓ Only pay shipping once, even if
multiple shipments are required
STANDARD SIMPLIFIED SHIPPING AND HANDLING CHARGES 1, 2, 3, 4 Pricing Effective 7/13/2024 Collect 4 Total Price of
Merchandise Ordered
Standard
Surface
(Mainland USA)
Second Day
Delivery
(Mainland USA)
Next Day
Delivery
(Mainland USA)
Second Day
Delivery
(Alaska & Hawaii)
Next Day
Delivery
(Alaska & Hawaii)
Handling Fee
Effective
7/13/2024
$0.00 - $49.99 $10.75 $26.89 $50.14 $43.15 $82.02 $8.00 $50.00 - $149.99 $12.90 $38.02 $71.75 $54.52 $103.65 $8.00 $150.00 - $349.99 $15.05 $40.15 $81.79 $55.37 $106.26 $8.00 $350.00 - $649.99 $17.20 $44.98 $89.44 $56.22 $108.87 $8.00 $650.00 - $949.99 $17.20 $54.49 $112.39 $66.20 $128.13 $8.00 $950.00 - $1,999.99 $30.10 $64.01 $135.34 $76.17 $147.38 $8.00 $2,000.00 - $3,999.99 $30.10 $79.14 $165.12 $91.12 $176.99 $8.00 $4,000.00 - $5,999.99 $53.75 $94.27 $194.90 $106.06 $206.59 $8.00 $6,000.00 - $7,999.99 $64.50 $108.99 $225.36 $118.80 $229.04 $8.00 $8,000.00 - $9,999.99 $96.75 $162.82 $318.16 $174.21 $330.40 $8.00 Over $10,000 1.0% of Net
Order Value
1.8% of Net
Order Value
2.8% of Net
Order Value
1.8% of Net
Order Value
2.8% of Net
Order Value
$8.00
1 Shipping & Handling charges shown are only applicable to orders billing and shipping to U.S. destinations. Shipping & Handling charges will be prepaid and added to invoice.
Shipping & Handling for the Pick&Ship Program is charged on each shipment release and is based on the total price of each shipment release. Shipping & Handling charges are subject to change without notice.
2 Additional Shipping & Handling charges will be applied to orders containing bulky and/or especially heavy orders. Refrigerated and all weather Samplers do not qualify for simplified Shipping & Handling charges, and are considered heavy products. Dissolved Oxygen Sensors can be damaged if exposed to temps below freezing, causing sensor failure. Must be shipped over night or 2nd day air during the cold weather months. 3 Orders shipping to Alaska or Hawaii: Additional Shipping & Handling charges may be applied at time of order processing. Second Day and Next Day delivery is not available to all destinations.
4 Hach Company will assess a collect handling fee on orders with collect shipping terms. This handling fee covers the additional costs that Hach Company incurs from processing and managing collect shipments.
Due to variations in component characteristics, regulatory transportation requirements and/or associated shipping and handling costs, individual kit components may or may not be packaged together in a single carton at time of final packaging and shipping.
SALES TAX
Sales Tax is not included in the attached quotation. Applicable sales and usage taxes will be added to your invoice, at the time of order, based on U.S. destination of goods, unless a valid resale/exemption certificate for destination state is provided to the above address or fax number, attention of the Tax Dept.
Item 8A44
Confidential - Company Proprietary
TERMS & CONDITIONS OF SALE FOR HACH COMPANY PRODUCTS AND SERVICES This document sets forth the Terms & Conditions of Sale for goods manufactured and/or supplied, and services provided, by Hach Company of Loveland, Colorado (“Hach”) and sold to the original purchaser thereof (“Buyer”). Unless otherwise specifically stated herein, the term “Hach” includes only Hach Company and none of its affiliates. Unless otherwise specifically stated in a previously-executed written purchase agreement signed by authorized representatives of Hach and Buyer, these Terms & Conditions of Sale establish the rights, obligations and remedies of Hach and Buyer which apply to this offer and any resulting order or contract for the sale of Hach’s goods and/or services (“Products”).
1. APPLICABLE TERMS & CONDITIONS: These Terms & Conditions of Sale are contained directly and/or by reference in Hach’s offer, order acknowledgment, and invoice documents. The first of the following acts constitutes an acceptance of Hach’s offer and not a counteroffer and creates a contract of sale (“Contract”) in accordance with these Terms & Conditions: (i) Buyer’s issuance of a purchase order document against Hach’s offer; (ii) acknowledgement of Buyer’s order by Hach; or (iii) commencement of any performance by Hach pursuant to Buyer’s order. Provisions contained in Buyer’s purchase documents (including electronic commerce interfaces) that materially alter, add to or subtract from the provisions of these Terms & Conditions of Sale are not a part of the Contract.
2. CANCELLATION: Buyer may cancel goods orders subject to fair charges for Hach’s expenses including handling, inspection, restocking, freight and invoicing charges as applicable, provided that Buyer returns such goods to Hach at Buyer’s expense within thirty (30) days of delivery and in the same condition as received. Buyer may cancel service orders on ninety (90) day’s prior written notice and refunds will be prorated based on the duration of the service plan. Inspections and re-instatement fees may apply upon cancellation or expiration of service programs. Seller may cancel all or part of any order prior to delivery without liability if the order includes any Products that Seller determines may not comply with export, safety, local certification, or other applicable compliance requirements.
3. DELIVERY: Delivery will be accomplished FCA Hach’s facility located in Ames, Iowa or Loveland, Colorado, or Romeoville, Illinois United States(Incoterms 2020). Legal title and risk of loss or damage pass to Buyer upon transfer to the first carrier. Hach will use commercially reasonable efforts to deliver the Products ordered herein within the time specified on the face of this Contract or, if no time is specified, within Hach’s normal lead-time necessary for Hach to deliver the Products sold hereunder. Upon prior agreement with Buyer and for an additional charge, Hach will deliverthe Products onan expedited basis.
Standard service delivery hours are 8 am – 5 pm Monday through Friday, excluding holidays.
4. INSPECTION: Buyer will promptly inspect and accept any Products delivered pursuant to this Contract after receipt of such Products. In the event the Products do not conform to any applicable specifications, Buyer will promptly notify Hach of such nonconformance in writing. Hach will have a reasonable opportunity to repair or replace the nonconforming product at its option. Buyer will be deemed to have accepted any Products delivered hereunder and to have waived any such nonconformance in the event such a written notification is not received by Hach within thirty (30) days of delivery.
5. PRICES & ORDER SIZES: All prices are in U.S. dollars and are based on delivery as stated above. Prices do not include any charges for services such as insurance; brokerage fees; sales, use, inventory or excise taxes; import or export duties; special financing fees; VAT, income or royalty taxes imposed outside the U.S.; consular fees; special permits or licenses; or other charges imposed upon the production, sale, distribution, or delivery of Products. Buyer will either pay any and all such charges or provide Hach with acceptable exemption certificates, which obligation survives performance under this Contract. Hach reserves the right to establish minimum order sizes and will advise Buyer accordingly.
6. PAYMENTS: All payments must be made in U.S. dollars. For Internet orders, the purchase price is due at the time and manner set forth at www.hach.com. Invoices for all other orders are due and payable NET 30 DAYS from date of the invoice without regard to delays for inspection or transportation, with payments to be made by check to Hach at the above address or by wire transfer to the account stated on the front of Hach’s invoice, or for customers with no established credit, Hach may require cash or credit card payment in advance of delivery. In the event payments are not made or not made in a timely manner, Hach may, in addition to all other remedies provided at law, either: (a) declare Buyer’s performance in breach and terminate this Contract for default; (b) withhold future shipments until delinquent payments are made; (c) deliver future shipments on a cash-withorder or cash-in-advance basis even after the delinquency is cured; (d) charge interest on the delinquency at a rate of 1-1/2% (one and one half percent) per month or the maximum rate permitted by law, if lower, for each month or part thereof of delinquency in payment plus applicable storage charges and/or inventory carrying charges; (e) repossess the Products for which payment has not been made; (f) recover all costs of collection including reasonable attorney’s fees; or (g) combine any of the above rights and remedies as is practicable and permitted by law. Buyer is prohibited from setting off any and all monies owed under this from any other sums, whether liquidated or not, that are or may be due Buyer, which arise out of a different transaction with Hach or any of its affiliates. Should Buyer’s financial responsibility become unsatisfactory to Hach in its reasonable discretion, Hach may require cash payment or other security. If Buyer fails to meet these requirements, Hach may treat such failure as reasonable grounds for repudiation of this Contract, in which case reasonable cancellation charges shall be due Hach. Buyer grants Hach a security interest in the Products to secure payment in full, which payment releases the security interest but only if such payments could not be considered an avoidable transfer under the U.S. Bankruptcy Code or other applicable laws. Buyer’s insolvency, bankruptcy, assignment for the benefit of creditors, or dissolution or termination of the existence of Buyer, constitutes a default under this Contract and affords Hach all the remedies of a secured party under the U.C.C., as well as the remedies stated above for late payment or non-payment. See ¶20 for further wire transfer requirements.
7. LIMITED WARRANTY: Hach warrants that Products sold hereunder will be free from defects in material and workmanship and will, when used in accordance with the manufacturer’s operating and maintenance instructions, conform to any express written warranty pertaining to the specific goods purchased, which for most Hach instruments is for a period of twelve (12) months from delivery. Hach warrants that services furnished hereunder will be free from defects in workmanship for a period of ninety (90) days from the completion of the services. Parts provided by Hach in the performance of services may be new or refurbished parts functioning equivalent to new parts.
Any non-functioning parts that are repaired by Hach shall become the property of Hach. No warranties are extended to consumable items such as, without limitation, reagents, batteries, mercury cells, and light bulbs. All other guarantees, warranties, conditions and representations, either express or implied, whether arising under any statute, law, commercial usage or otherwise, including implied warranties of merchantability and fitness for a particular purpose, are hereby excluded. The sole remedy for Products not meeting this Limited Warranty is replacement, credit or refund of the purchase price. This remedy will not be deemed to have failed of its essential purpose so long as Hach is willing to provide such replacement, credit or refund.
8. INDEMNIFICATION: Indemnification applies to a party and to such party’s successors-in-interest, assignees, affiliates, directors, officers, and employees (“Indemnified Parties”). Hach is responsible for and will defend, indemnify and hold harmless the Buyer Indemnified Parties against all losses, claims, expenses or damages which may result from accident, injury, damage, or death due to Hach’s breach of the Limited Warranty. Buyer is responsible for and will defend, indemnify and hold harmless the Hach Indemnified Parties against all losses, claims, expenses or damages which may result from accident, injury, damage, or death due to negligence, misuse or misapplication of any goods or services, violations of law, or the breach of any provision of this Contract by the Buyer, its affiliates, or those employed by, controlled by or in privity with them. Buyer’s workers’ compensation immunity, if any, does not preclude or limit its indemnification obligations.
9. PATENT PROTECTION: Subject to all limitations of liability provided herein, Hach will, with respect to any Products of Hach’s design or manufacture, indemnify Buyer from any and all damages and costs as finally determined by a court of competent jurisdiction in any suit for infringement of any U.S. patent (or European patent for Products that Hach sells to Buyer for end use in a member state of the E.U.) that has issued as of the delivery date, solely by reason of the sale or normal use of any Products sold to Buyer hereunder and from reasonable expenses incurred by Buyer in defense of such suit if Hach does not undertake the defense thereof, provided that Buyer promptly notifies Item 8A45
TERMS AND CONDITIONS OF SALE FOR HACH® PRODUCTS
Confidential - Company Proprietary
v. 2024.07.16 2
Hach of such suit and offers Hach either (i) full and exclusive control of the defense of such suit when Products of Hach only are involved, or (ii) the right to participate in the defense of such suit when products other than those of Hach are also involved. Hach’s warranty as to use patents only applies to infringement arising solely out of the inherent operation of the Products according to their applications as envisioned by Hach’s specifications. In case the Products are in such suit held to constitute infringement and the use of the Products is enjoined, Hach will, at its own expense and at its option, either procure for Buyer the right to continue using such Products or replace them with non-infringing products, or modify them so they become non-infringing, or remove the Products and refund the purchase price (prorated for depreciation) and the transportation costs thereof. The foregoing states the entire liability of Hach for patent infringement by the Products. Further, to the same extent as set forth in Hach’s above obligation to Buyer, Buyer agrees to defend, indemnify and hold harmless Hach for patent infringement related to (x) any goods manufactured to the Buyer’s design, (y) services provided in accordance with the Buyer’s instructions, or (z) Hach’s Products when used in combination with any other devices, parts or software not provided by Hach hereunder.
10. TRADEMARKS AND OTHER LABELS: Buyer agrees not to remove or alter any indicia of manufacturing origin or patent numbers contained on or within the Products, including without limitation the serial numbers or trademarks on nameplates or cast, molded or machined components.
11. SOFTWARE AND DATA. All licenses to Hach’s separately-provided software products are subject to the separate software license agreement(s) accompanying the software media and/or included as an Appendix to these Terms & Conditions of Sale. Except to the extent such express licenses conflict with the remainder of this paragraph, the following also applies relative to Hach’s software: Hach grants Buyer only a personal, non-exclusive license to access and use the software provided by Hach with Products purchased hereunder solely as necessary for Buyer to enjoy the benefit of the Products. A portion of the software may contain or consist of open source software, which Buyer may use under the terms and conditions of the specific license under which the open source software is distributed. Buyer agrees that it will be bound by all such license agreements. Title to software remains with the applicable licensor(s). In connection with Buyer’s use of Products, Hach may obtain, receive, or collect data or information, including data produced by the Products.
In such cases, Buyer grants Hach a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license to use, compile, distribute, display, store, process, reproduce, or create derivative works of such data, or to aggregate such data for use in an anonymous manner, solely to facilitate marketing, sales and R&D activities of Hach and its affiliates.
12. PROPRIETARY INFORMATION; PRIVACY: “Proprietary Information” means any information, technical data or know-how in whatever form, whether documented, contained in machine readable or physical components, mask works or artwork, or otherwise, which Hach considers proprietary, including but not limited to service and maintenance manuals. Buyer and its customers, employees and agents will keep confidential all such Proprietary Information obtained directly or indirectly from Hach and will not transfer or disclose it without Hach’s prior written consent, or use it for the manufacture, procurement, servicing or calibration of Products or any similar products, or cause such products to be manufactured, serviced or calibrated by or procured from any other source, or reproduce or otherwise appropriate it. All such Proprietary Information remains Hach’s property. No right or license is granted to Buyer or its customers, employees or agents, expressly or by implication, with respect to the Proprietary Information or any patent right or other proprietary right of Hach, except for the limited use licenses implied by law.
Hach will manage Customer’s information and personal data in accordance with its Privacy Policy, located at http://www.hach.com/privacypolicy.
13. CHANGES AND ADDITIONAL CHARGES: Hach reserves the right to make design changes or improvements to any products of the same general class as Products being delivered hereunder without liability or obligation to incorporate such changes or improvements to Products ordered by Buyer unless agreed upon in writing before the Products’ delivery date. Services which must be performed as a result of any of the following conditions are subject to additional charges for labor, travel and parts: (a) equipment alterations not authorized in writing by Hach; (b) damage resulting from improper use or handling, accident, neglect, power surge, or operation in an environment or manner in which the instrument is not designed to operate or is not in accordance with Hach’s operating manuals; (c) the use of parts or accessories not provided by Hach; (d) damage resulting from acts of war, terrorism or nature; (e) services outside standard business hours; (f) site prework not complete per proposal; or (g) any repairs required to ensure equipment meets manufacturer’s specifications upon activation of a service agreement.
14. SITE ACCESS / PREPARATION / WORKER SAFETY / ENVIRONMENTAL COMPLIANCE: In connection with services provided by Hach, Buyer agrees to permit prompt access to equipment. Buyer assumes full responsibility to backup or otherwise protect its data against loss, damage or destruction before services are performed. Buyer is the operator and in full control of its premises, including those areas where Hach employees or contractors are performing service, repair and maintenance activities. Buyer will ensure that all necessary measures are taken for safety and security of working conditions, sites and installations during the performance of services. Buyer is the generator of any resulting wastes, including without limitation hazardous wastes. Buyer is solely responsible to arrange for the disposal of any wastes at its own expense. Buyer will, at its own expense, provide Hach employees and contractors working on Buyer’s premises with all information and training required under applicable safety compliance regulations and Buyer’s policies. If the instrument to be serviced is in a Confined Space, as that term is defined under OSHA regulations, Buyer is solely responsible to make it available to be serviced in an unconfined space. Hach service technicians will not work in Confined Spaces. In the event that a Buyer requires Hach employees or contractors to attend safety or compliance training programs provided by Buyer, Buyer will pay Hach the standard hourly rate and expense reimbursement for such training attended.
The attendance at or completion of such training does not create or expand any warranty or obligation of Hach and does not serve to alter, amend, limit or supersede any part of this Contract.
15. LIMITATIONS ON USE: Buyer will not use any Products for any purpose other than those identified in Hach’s catalogs and literature as intended uses. Unless Hach has advised the Buyer in writing, in no event will Buyer use any Products in drugs, food additives, food or cosmetics, or medical applications for humans or animals. In no event will Buyer use in any application any Product that requires FDA 510(k) clearance unless and only to the extent the Product has such clearance. Buyer will not sell, transfer, export or re-export any Hach Products or technology for use in activities which involve the design, development, production, use or stockpiling of nuclear, chemical or biological weapons or missiles, nor use Hach Products or technology in any facility which engages in activities relating to such weapons. Unless the “shipto” address is in California, U.S.A., the Products are not intended for sale in California and may lack markings required by California Proposition 65; accordingly, unless Buyer has ordered Products specifying a California ship-to address, Buyer will not sell or deliver any Hach Products for use in California.
Any warranty granted by Hach is void if any goods covered by such warranty are used for any purpose not permitted hereunder.
16. EXPORT AND IMPORT LICENSES AND COMPLIANCE WITH LAWS:
Unless otherwise specified in this Contract, Buyer is responsible for obtaining any required export or import licenses. Buyer will comply with all laws and regulations applicable to the installation or use of all Products, including applicable import and export control laws and regulations of the U.S., E.U. and any other country having proper jurisdiction, and will obtain all necessary export licenses in connection with any subsequent export, re-export, transfer and use of all Products and technology delivered hereunder. Buyer will comply with all local, national, and other laws of all jurisdictions globally relating to anti-corruption, bribery, extortion, kickbacks, or similar matters which are applicable to Buyer’s business activities in connection with this Contract, including but not limited to the U.S. Foreign Corrupt Practices Act of 1977, as amended (the “FCPA”). Buyer agrees that no payment of money or provision of anything of value will be offered, promised, paid or transferred, directly or indirectly, by any person or entity, to any government official, government employee, or employee of any company owned in part by a government, political party, political party official, or candidate for any government office or political party office to induce such organizations or persons to use their authority or influence to obtain or retain an improper business advantage for Buyer or for Hach, or which otherwise constitute or have the purpose or effect of public or commercial bribery, acceptance of or acquiescence in extortion, kickbacks or other unlawful or improper means of obtaining business or any improper advantage, with respect to any of Buyer’s activities related to this Contract. Hach asks Buyer to “Speak Up!” if aware of any violation of law, regulation or our Standards of Conduct (“SOC”) in relation to this Contract. See w w w . e t h i c s p o i n t . v e r a l t o . c o m and Integrity and compliance – Veralto for a copy of the SOC and for access to our Helpline portal.
17. RELATIONSHIP OF PARTIES: Buyer is not an agent or representative of Hach and will not present itself as such under any circumstances unless and to
Item 8A46
TERMS AND CONDITIONS OF SALE FOR HACH® PRODUCTS
Confidential - Company Proprietary
v. 2024.07.16 3
the extent it has been formally screened by Hach’s compliance department and received a separate duly-authorized letter from Hach setting forth the scope and limitations of such authorization.
18. FORCE MAJEURE: Hach is excused from performance of its obligations under this Contract to the extent caused by acts or omissions that are beyond its control of, including but not limited to Government embargoes, blockages, seizures or freeze of assets, delays or refusals to grant an export or import license or the suspension or revocation thereof, or any other acts of any Government; fires, floods, severe weather conditions, or any other acts of God; quarantines; labor strikes or lockouts; riots; strife; insurrections; civil disobedience or acts of criminals or terrorists; war; material shortages or delays in deliveries to Hach by third parties. In the event of the existence of any force majeure circumstances, the period of time for delivery, payment terms and payments under any letters of credit will be extended for a period of time equal to the period of delay. If the force majeure circumstances extend for six months, Hach may, at its option, terminate this Contract without penalty and without being deemed in default or in breach thereof.
19. NON ASSIGNMENT AND WAIVER: Buyer will not transfer or assign this Contract or any rights or interests hereunder without Hach’s prior written consent. Failure of either party to insist upon strict performance of any provision of this Contract, or to exercise any right or privilege contained herein, or the waiver of any breach of the terms or conditions of this Contract will not be construed as thereafter waiving any such terms, conditions, rights, or privileges, and the same will continue and remain in force and effect as if no waiver had occurred.
20. FUNDS TRANSFERS (PAYMENTS): Buyer and Hach both recognize that there is a risk of banking fraud when individuals impersonating a business demand payment under new banking or mailing instructions. To avoid this risk, Buyer must verbally confirm any new or changed bank transfer or mailing instructions by calling Hach at +1-970-663-1377 and speaking with Hach’s Credit Manager before mailing or transferring any monies using the new instructions.
Both parties agree that they will not institute mailing or bank transfer instruction changes and require immediate payment under the new instructions but will instead provide a ten (10) day grace period to verify any payment instruction changes before any new or outstanding payments are due using the new instructions.
21. LIMITATION OF LIABILITY: None of the Hach Indemnified Parties will be liable to any Buyer Indemnified Parties under any circumstances for any special, treble, incidental or consequential damages, including without limitation, damage to or loss of property other than for the Products purchased hereunder; damages incurred in installation, repair or replacement; lost profits, revenue or opportunity; loss of use; losses resulting from or related to downtime of the products or inaccurate measurements or reporting; the cost of substitute products; or claims of any Buyer Indemnified Parties’ customers for such damages, howsoever caused, and whether based on warranty, contract, and/or tort (including negligence, strict liability or otherwise). The total liability of the Hach Indemnified Parties arising out of the performance or nonperformance hereunder or Hach’s obligations in connection with the design, manufacture, sale, delivery, and/or use of Products will in no circumstance exceed in the aggregate a sum equal to twice the amount actually paid to Hach for Products delivered hereunder.
22. APPLICABLE LAW AND DISPUTE RESOLUTION: The construction, interpretation and performance hereof and all transactions hereunder shall be governed by the laws of the State of Colorado, without regard to its principles or laws regarding conflicts of laws. If any provision of this Contract violates any Federal, State or local statutes or regulations of any countries having jurisdiction of this transaction, or is illegal for any reason, said provision shall be self-deleting without affecting the validity of the remaining provisions.
Unless otherwise specifically agreed upon in writing between Hach and Buyer, any dispute relating to this Contract which is not resolved by the parties shall be adjudicated in order of preference by a court of competent jurisdiction (i) in the State of Colorado, U.S.A. if Buyer has minimum contacts with Colorado and the U.S., (ii) elsewhere in the U.S. if Buyer has minimum contacts with the U.S. but not Colorado, or (iii) in a neutral location if Buyer does not have minimum contacts with the United States.
23. ENTIRE AGREEMENT, TERM & MODIFICATION: These Terms & Conditions of Sale constitute the entire agreement between the parties and supersede any prior agreements or representations, whether oral or written.
Upon thirty (30) days prior written notice, Hach may, in its sole discretion, elect to terminate any order for the sale of Products and provide a pro-rated refund for any pre-payment of undelivered Products. No change to or modification of these Terms & Conditions shall be binding upon Hach unless in a written instrument specifically referencing that it is amending these Terms & Conditions of Sale and signed by an authorized representative of Hach. Hach rejects any additional or inconsistent Terms & Conditions of Sale offered by Buyer at any time, whether or not such terms or conditions materially alter the Terms & Conditions herein and irrespective of Hach’s acceptance of Buyer’s order for the described goods and services.
24. APPENDICES: If checked, the following Appendices are attached hereto and incorporated by reference into these Terms & Conditions of Sale:
CLAROS SOFTWARE AS A SERVICE SUBSCRIPTION AGREEMENT
* * *
Item 8A47
City of Colfax Filter Pannels for filtration Unit at the Wastewater Treatment Staff Report February 12, 2025 Plant – Single Source
Staff Report to City Council
FOR THE FEBRUARY 12, 2025 REGULAR CITY COUNCIL MEETING
From: Ron Walker, City Manager
Prepared by: Mike Anderson, Chief Plant Operator
Subject: Filter Panels for filtration Unit at the Wastewater Treatment Plant – Single Source Purchase.
Budget Impact Overview:
N/A: Funded: √ Un-funded: Amount: $33,079.75 Fund(s): 560 Summary/Background
There are two filtration units at the City’s wastewater treatment facility, these units filter the water leaving the biological process before entering the disinfection process. The filters remove debris down to 10 micron in size and are able to process a flow of 1 MGD. Filtration is performed to meet or exceed the requirements in the State issued discharge permit. Filtration is also performed to enhance the ability of the Ultraviolet system to disinfect the treated water leaving the treatment facility into the environment. These filtration panels have been in service far longer than recommended by the factory, and many have started to fail, which will eventually cause a violation of the discharge permit resulting in monitory fines.
City staff are choosing to single source purchase the filter panels from Veolia Water Technologies Inc., because Violia holds the patent on the filtration units and the replacement parts. Best practice is to purchase the filtration panels from Violia to assure fit and function.
Conclusions and Findings
The two filtration units each hold 84 filtration panels, for a combined total of 168 panels. The unit cost of the panels is quoted at $188.46 each, bringing the total to $31,661.28.
A bulk purchase discount of $2,216.29 reduces the cost to $29,444.99. Adding 7.25% CA Sales Tax ($2,134.76) and an estimated freight cost of $1,500.00, the total purchase cost amounts to $33,079.75.
Fiscal Impacts
$33,079.75.
Attachments:
1. Resolution __-2025
2. Veolia Quote 01132025
3. Filter Pics
4. HSF2204/24-1F-2F Filter Service Information
RECOMMENDED ACTION: Adopt Resolution __-2025 authorizing the City Manager to execute an agreement with Veolia Water Technologies Inc. for Original Equipment Manufactured Filtration Panels for the filtration units at the wastewater treatment facility.
Item 8B48
_________________________________________________________________________________________ City of Colfax Authorize the City Manager to execute an agreement with Veolia Water Technologies Inc. for Original Equipment
Manufactured Filtration Pannels for the filtration units at the wastewater treatment facility.
Resolution _-2025
City of Colfax
City Council
Resolution № __-2025
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN EGREEMENT WITH VEOLIA WATER TECHNOLOGIES INC. FOR ORGINAL EQUIPMENT
MANUFACTURED FILTER PANELS FOR THE FILTRATION UNITS AT THE WASTEWATER TREATMENT FACILITY.
WHEREAS, there are two filtration units at the City’s wastewater treatment facility, these units filter the water leaving the biological process before entering the disinfection process; and, WHEREAS, the two filtration units hold 84 filtration panels each for a combined total of 168 panels. These filtration panels have been in service far longer than recommended by the factory, and many have started to fail, which will eventually cause a violation of the discharge permit resulting in monitory fines; and,
WHEREAS, city staff are choosing to single source purchase the filter panels from Veolia Water Technologies Inc., because Violia holds the patent on the filtration units and the replacement parts. The best practice is to purchase the filtration panels from Violia to assure fit and function; and, WHEREAS, the City of Colfax wishes to execute an agreement with Veolia Water Technologies Inc. for Original Equipment Manufactured Filtration Pannels for the filtration units at the wastewater treatment facility.
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 Veolia Water Technologies Inc. for Original Equipment Manufactured Filtration Pannels.
THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at the Regular Meeting of the City Council of the City of Colfax held on February 12, 2025, by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________________
Sean Lomen, Mayor
ATTEST:
________________________________________
Amanda Ahre, City Clerk
Item 8B49
KRUGER | 1500 Garner Rd. Raleigh NC 27610
Veolia Codes: PO
FROM QUOTE
QUOTE NO:
1500 Garner Road, Suite C QUOTE DATE:
Raleigh, North Carolina 27610 USA EXPIRATION DATE: 2/7/2025 CLE Colfax WWTP, CA 4 - 6 Weeks
168 PRIPHT377025 10 UM PE CLOTH FLTR PNL HSF22 304 FRAME $188.46 $31,661.28 [[Confidential, Do not share with third parties]]
-$2,216.29
$1,500.00
$2,134.76
Veolia Water Technologies, Inc. (dba Kruger) Chris Evans 919.455.1522
PHONE 888-578-4378 FAX 919-661-4568 [email protected] Contact Name: David Borroto Company: City of Colfax
Phone: 870.403.8577 Address: 23550 Grandview Avenue
Colfax, Ca 95713 Email: [email protected]
Sales
Person Job EQUIPMENT SERIAL #. Payment Terms DELIVERY TERMS DELIVERY SCHEDULE Net 30 Days DDP, Prepaid & Add
Destination*
QTY PART NUMBER DESCRIPTION UNIT PRICE LINE TOTAL
ALL PRICES SUBJECT TO COST AND AVAILABILITY AT TIME OF ORDER.
PRICES EXCLUDES PACKAGING, FREIGHT (INTERNATIONAL & DOMESTIC),CUSTOMS, DUTIES, BROKERAGE, FEES AND APPLICABLE TAXES.
PRICES EXCLUDES INSTALLATION LABOR, STARTUP, & TRAINING SHIPPING CHARGES ARE PREPAID AND ADDED TO THE INVOICE ORYOUR FREIGHT ACCOUNT.
MINIMUM ORDER $50.00.
SUBTOTAL $31,661.28
7% BULK DISCOUNT
ESTIMATED FREIGHT*
7.25% CA Sales Tax
Total USD $33,079.75
*If customer's shipping method is preferred (FOB), enter your freight carrier & account number:
A SIGNED QUOTATION IS REQUIRED TO PROCESS ORDER. PLEASE SIGN BELOW.
Signed By:______________________________________________________________________________ Date:_______________________ 01132025
1/13/2025 Aftermarket Sales Manager - Hydrotech Filtration, Kruger This quote is valid for 25 days
Click or browse to URL(s) below for applicable Terms and Conditions https://www.veoliawatertech.com/sites/g/files/dvc3601/files/document/2023/05/Parts%20Only%20Terms.pdf Item 8B50
KRUGER | 1500 Garner Rd. Raleigh NC 27610
QUOTE NO: 01132025 QUOTE
Company information -
(OPTIONAL) Credit Card Section -
Signed by: Date:
Printed Name: Title:
Please complete this section if you have not previously provided this information.
Company Name:
Shipping Address:
City/State/Zip:
Telephone number:
Fax number:
Please complete this section if you prefer to pay by credit card.
Card Number:
Expiration Date:
Authorization (CID) #:
Card Holder Name:
Card Holder Phone #:
Company Name:
Billing Address:
City/State/Zip:
Visa MasterCard AMEX
I/We understand that the part(s), invoice(s) or sales orders(s) ordered / listed above will be charged to the credit card noted upon order acknowledgement.
Additionally, items ordered will not be processed until confirmation/authorization of charge is made. If the charge is for labor, a charge confirmation/authorization will be performed prior to labor commencement. If the credit card is denied, Kruger will notify the cardholder to obtain an alternative form of payment prior to processing the order 3 digit # located on back of card
My signature below is my company’s acknowledgement and acceptance of this order including all stated terms and conditions, is an acknowledgement that I am authorized to sign this document on behalf of my company, and further authorizes Kruger to use the information entered in this section (if any) to process credit card payment for this order.
•IF YOU SUBMIT A PO, PLEASE REFERENCE VEOLIA WATER TECHNOLOGIES, INC. (DBA KRUGER) QUOTATION NUMBER TO PROCESS ORDER. •The Buyer is responsible for inspecting the equipment upon delivery and documenting any damage in writing on the delivery tickets. Signing delivery tickets without the notation of damage or missing items deems the equipment acceptable. •The pricing is expressly contingent upon the items in this quotation & is subject all terms stated herein, including all attached Veolia Water Technologies, Inc. (dba Kruger) Standard Terms of Sale. No additional terms contained within Owner's and/or Engineer's Plans, Specifications & Purchase Orders shall apply to nor become a part of this Quote. •Except in the case where there are active, applicable, and mutually executed terms and conditions in place between Veolia and Purchaser prior to issuance of this Quotation, the Parts and/or Services provided are subject to the terms and conditions linked above. These terms and conditions will not change, but please print and include with your records if necessary.
Item 8B51
Filtration Units
Inside Filtration Units
Item 8B52
Individual Filters
Item 8B53
SERVICE
HSF2204/24-1F-2F
Thank you for choosing a Hydrotech filter.
It is a reliable machine that will run for a long time with minimum care and service. Indeed, any mechanical equipment requires annual maintenance in order to operate efficiently and with as little down time as possible. This is also the case with your Hydrotech Discfilter HSF2204/24, 1F or 2F.
On the next pages, you will find recommendations for maintenance, parts to change and drawings.
If you don’t have the possibility to do the maintenance yourself, Hydrotech will be pleased to send you a service offer or recommend a reliable technician that can assist you.
Apart from the periodic maintenance mentioned in the Operation & Maintenance manual we recommend a large service every fifth year where at least all parts in the 5 year service kit are replaced.
To order spare parts or a service from Hydrotech and also to get the latest updated prices, contact Hydrotech.
Item 8B54
SERVICE
HSF2204/24-1F-2F
5 year service kit
Art. No N
o on drawing Description Qty
1008030 2976-J pos.3 & 4295-D pos.5 Slide bearing for drum 2 1012535 2976-J pos.5 Rubber lip inlet seal 1
1010585 2976-J pos.8 V-sealing, V-180A 1
1008139 4295-D pos.3 Axial bearing 1
1008493 4295-D pos.6 Rubber sealing shaft 1
1012043 4259-G pos.6 Sprocket wheel motor 2200 Z=12 1
1008586 4259-G pos.10 Wheel to backwash unit 2200-N 1
1008736 4978-A pos.2 Bearing bracket 2200 1
1000808 4978-A pos.3 Bearing for spray water pipe 1
1012730 4978-A pos.6 Swivel connection, 2” 1
1006903 3826-B pos.4 Cartridge, 200 1
1007999 5151-A pos.1 Rubber lip seal 1
1008141 5151-A pos.5 Guidingblocks Drum 2200M T=8 2
Strategic spare parts
Art. No N
o
on drawing Description Qty
4978-A pos.9 Backwash nozzles 10/disc
3460-B pos.5 Filter panels 28/disc
4259-G pos.11 Drive chain 1
Critical spare parts
Art. No N
o
on drawing Description Qty
Backwash pump 1
4259-G pos.2 Drive unit 1
Definitions:
5 year service kit:
Parts to be changed after 5 years of operation
Strategic spare parts:
Parts with short lead time (always on Hydrotech stock) which are vital for the operation of the unit.
Critical spare parts:
Parts with long lead time which are vital for the operation of the unit, contact Hydrotech for precise delivery time.
4259-G pos.7 Sprocket wheel drum 1
1016604
1012044
Item 8B55
A-A ( 1 : 4 )
Ed. Change and/or message no. Date Made by c-m no.
P
R
O
P
E
R
T
Y
O
F
D
R
A
WIN
G
S
A
N
D
P
R
E
S
C
RIP
TIO
N
S
A
l
l
p
r
o
p
e
r
t
y
r
gi h
t
s
a
n
d
u
s
e
r
e
m
a
ni t
o
A
B
S
w
e
d
e
n
G
e
n
e
r
a
l
c
o
n
d
ti oi n
s
a
n
d
u
s
e
f
o
r
t
h
si d
r
a
w
ni g
si ni a
c
c
o
r
d
a
n
c
e
t
o
O
R
G
A
L
MI E
S
2 0
0 0
Remark
Draw. no.
Controlled by Stand.
Material
Approved Scale Replaces
Mod.-nr Blank
Dimension Mass
Replaced byDate
Designer
Part no.
Drawn by
Qty
Copy
Name
2976 Edition J
2004-09-14
JJ 1 : 4
Assembly BearingInfluent
HSF2200
ISO 2768-m
A
A
Scraper116 AISI 316L Drw. no. 3699Screw2115 A4 M6S M16x65D Art. no. 1017683Washer4214 A4 18x30x8 Art. no. 1017685 2513 Nut locking A4 M6NM M16 Art. no. 350350
Screw412 A4 M6S M16x60D Art. no. 351660Washer811 A4 17x30x3,0 Art. no. 350570Screw810 A4 MK6S M6x16H Art. no. 1005612 19 Teekay Connection 150/168,3 Art. no. 100859618 Forsheda V-ring V-180A Nitrill Art. no. 1010585 Spoke147 Drw. no. 5145Sleeve16 Drw. no. 3351
15 Seal for influent bearing Drw. no. 335014 Retaining Ring Drw. no. 513813 Slide Bearing Drw. no. 291812 Influent Bearing House Drw. no. 292011 Influent centershaft Drw. no. 4894 2 6 8 3 4 5
9 F Effluent -> 4295, new material 2010-05-03 JJ
10 G Pos 1 new drw. no. 4894 2012-05-28 JJ H Pos 4 new drw. no. 5138 2012-10-12 JJ For flush valve Pipe connection
1 13 11
13 14
7 15
I New bolt joints on drum spokes 2014-05-30 JJ 190
16 J Scraper added 2015-02-05 JJ K M16x60D was M16x50H 2016-02-24 JJ Item 8B
56 PROPERTY OF DRAW NI GS AND PRESCR PI T OI NS
All property r gi hts and use remain to AB Sweden
General conditions and use for th si draw ni g is in accordance to ORGALIME S2000 Draw. no.
Controlled by Stand. Approved Scale Sheet size Replaced by Date
Designer Drawn by
3460
1 / 1
2007-04-26
EmS EmS
A
3 Filter disc assemblyExploded view
HSF2200
ISO 2768-m
Edition
B
Sheet
Projection method
Screw216 A4
MC6S M8x50D Art. no. 1007397
Screw2815 A4 MC6S M10x32 Art. no. 1013873Screw4214 A4 MC6S M10x45 Art. no. 1014444Nut7013 M6M M10 Art. no. 1005609Clip2812 Art. no. 1013497 111 Rotation stop Art. no. 1012718
210 Pin for strap, Ø8.5 Art. no. 100740129 Pin for strap, M8 Art. no. 100739628 Strap for filter segment Art. no. 1006344 2*7 Rubber seal 30x5 Art. no. 1007731
286 Filter panel seal285 Filter panel
144 Segment seal, Upper Art. no. 1006534143 Segment seal, Lower Art. no. 1006533142 Cover for filtersegment Art. no. 1014989141 Filter segment Art. no. 1014988 Pos no Qty Name Material Dimension Remark
1512
65 14
13 4
13 3
1 8 7 16 10 9
2 Ed. Change and/or message no. Rev date Made by c-m no.
B Drawing updated 2012-08-27 JJ
11 * 3 rubber seals, 30x5 (pos 7) on the first and last filter disc.
Item 8B
57 Item 8B58
Item 8B59
Item 8B60
PROPERTY OF DRAWINGS AND PRESCRIPTIONS
All property rights and use remain to AB Sweden
General conditions and use for this drawing is in accordance to ORGALIME S2000 Projection method Sheet BEdition ISO 2768-m HSF2200-1FN & High flow tanks Tank with MTR pump on motor side Assembly spray bar Per FT 1:10 A3 1 / 1 2012-11-28 4978 Designer Drawn by Date Controlled by Stand. Approved Scale Sheet size Replaced by Draw. no. Pos no Qty Name Material Dimension Remark 1 1 Spray bar Drw. no. 3803 2 1 Bearing for spray bar, lower part Drw. no. 2978 3 1 Bearing for spray bar, upper part Drw. no. 1672 4 B Support for spray bar Drw. no. 2811 5 B Mid support bearing f. spray bar Drw. no. 2821 6 1 Swivel Drw. no. 3942 7 1 Swivel holder Drw. No. 2614 8 A Nozzle unit, Hydrotech Drw. no. 20887 9 10 Clamp unit Drw. no. 20888 (HSF22) 10 1 Lever arm Drw. no. 2960 11 1 Fold out lever Drw. no. 4979 12 2 Washer Drw. no. 5149 13 1 Screw A4 MF6S M10x40H Art. no. 1009787 14 1 Screw A4 MSK6SSM12x50 Art. no. 1014405 15 1 Nut locking A4 M6NM M10 Art. no. 350330 16 1 Nut A4 M6M M12 Art. no. 350140 4 5 3 2 7 6 11 10 13 15 14 16 12 HSF 2224 240 2 HSF 2222 2220 HSF 2220 2200 HSF 2218 2180 HSF 2216 1160 HSF 2214 1140 HSF 2212 1120 HSF 2210 100 1 HSF 2208 080 HSF 2206 060 HSF 2204 040 TYPE BA SHOWN FOR GRP-COVER. SPRAY BAR CONFIGURATION REMARK: A ( 1 : 4 ) B ( 1 : 4 ) A 8 9 B 8 8 B Pos 8 & 9. Table updated 2017-03-01 FT - Ed. Change and/or message no. Rev date Made by c-m no.
Item 8B
61 PROPERTY OF DRAWINGS AND PRESCRIPTIONS
All property r gi hts and use rema ni to AB Sweden
General cond ti oi ns and use for th si draw ni g si ni accordance to ORGAL MI E S2000 Draw. no.
Controlled by Stand. Approved Scale Sheet size Replaced by Date
Designer Drawn by
5151
1 / 1 2012-12-06
JJ 1 : 10 A3
Inlet seal assembly
HSF2200
ISO 2768-m
Edition
A
Sheet
Projection method
0-45 Spacer for axial bearing, t=8 Drw. no. 2941
0-24 Spacer for axial bearing, t=5 Drw. no. 51370-23 Spacer for axial bearing, t=3 Drw. no. 3141 32 Clamp bar Drw. no. 4864
11 Rubber lip for inlet Drw. no. 2931
Pos no Qty Name Material Dimension Remark
4 53
2 1
Item 8B
62 SERVICE
HSF2204/24-1F-2F
Checklist / service report
To be done on every visit
Check backwash pressure
Remarks:
Check panels for damage
Remarks:
Visually inspect the inside of the unit
Remarks:
Check the nozzles for clogging
Remarks:
Lubricate all grease points of the unit
Remarks:
Check drive chain tension
Remarks:
Visually inspect the outside of the unit, clean if needed Remarks:
Item 8B63
SERVICE
HSF2204/24-1F-2F
To be done on yearly visit
Check oil condition in drive unit according to separate manual Remarks:
Check drum bearings for wear
Remarks:
Check shaft gaskets for wear
Remarks:
Check inlet gasket for wear
Remarks:
Item 8B64
SERVICE
HSF2204/24-1F-2F
To be done every five years
Replace the parts from service kit
OK
Slide bearing for drum
Rubber lip inlet seal
V-sealing, V-180A
Axial bearing
Rubber sealing shaft
Sprocket wheel motor 2200 Z=12
Wheel to backwash unit 2200-N
Bearing bracket 2200
Bearing fir spray water pipe
Swivel connection, 2”
Cartridge, 200
Rubber lip seal
Guidingblocks Drum 2200M T=8
Check and if needed replace strategic and critical parts OK Replaced
Backwash nozzles Qty:
Filter panels Qty:
Drive chain Qty:
Sprocket wheel, drum Qty:
SEW drive unit Qty:
Backwash pump Qty:
Remarks:
Item 8B65
Staff Report to City Council
FOR THE FEBRUARY 12, 2024 REGULAR CITY COUNCIL MEETING
From: Ron Walker, City Manager
Prepared by: Ron Walker, City Manager
Subject: City Manager Performance Evaluation and Merit-Based Compensation Adjustment.
Budget Impact Overview:
N/A: Funded: Un-funded: Amount: Fund(s):
Summary/Background
On December 8, 2024, during a closed session, the City Council negotiated amendments to the City Manager’s contract. The following changes are effective January 1, 2025:
1. Cost of Living Increase:
The City Manager shall receive a cost of living increase of 3.67%. This is the same cost of living increase other City employees received.
2. Vehicle Allowance:
The City Manager’s vehicle allowance is increased from $400 per year to $450 per year.
A copy of the City Manager’s agreement as amended is attached hereto.
On January 22, 2025, during a closed session, the City Council conducted a comprehensive performance evaluation of the City Manager's job performance for the calendar year 2024. Following a detailed review, the Council determined that the City Manager’s performance met the contractual threshold for an "exemplary" evaluation, as defined in Section 7, Subsection C (Performance Pay) of the City Manager’s employment contract.
Pursuant to the terms of the contract, the following adjustments are authorized and effective as of January 1, 2025:
3. Merit-Based Salary Increase:
The City Manager shall receive a 5% increase in base salary.
4. Deferred Compensation Contribution:
The City shall increase its contribution to the City Manager's deferred compensation plan by an additional $200 per pay period.
The Council expressed its appreciation for the City Manager’s dedication and contributions during 2024, which positively impacted the City’s operations and strategic objectives. These compensation adjustments reflect the City Council's commitment to recognizing and rewarding exemplary performance as outlined in the employment agreement.
This adjustment shall be implemented by minute order or other appropriate Council action to ensure compliance with contractual obligations.
RECOMMENDED ACTION: Receive and File
Item 8C66
Attachments:
1. City Manager’s Contract
Item 8C67
EMPLOYMENT AGREEMENT
FOR CITY MANAGER
THIS EMPLOYMENT AGREEMENT ("AGREEMENT"), is made and entered into effective the 29th day of November, 2023 (the "Effective Date"), by and between the City of Colfax, a California municipal corporation and general law city (the "City") and Ronald Walker ("City Manager"), both of whom understand and agree as follows:
RECITALS
This Agreement is made with respect to the following facts:
A. The City wishes to employ Ronald Walker as its City Manager, subject to the following terms and conditions and consistent with applicable laws of the State of California and City ordinances; and B. Ronald Walker desires to accept employment by the City as its City Manager, subject to the following terms and conditions and consistent with applicable laws of the State of California and City ordinances.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and of the mutual promises, terms and conditions of this Agreement, the City and City Manager agree as follows:
Section 1. Employment
The City hereby employs Ronald Walker as its City Manager to perform the duties and functions identified in Colfax Municipal Code Title 2, Chapter 2.08, and other duties and functions as the Mayor and/or the City Council assign either orally or in writing to the City Manager. Ronald Walker hereby accepts employment as City Manager subject to the terms and conditions of this Agreement and agrees (1) to devote his full time, attention, and energies to performing all such duties and functions in a professional and ethical manner to the best of his skill and ability and (2) to use his best efforts to promote and advance the interests of the City. City Manager shall have the authority to execute contracts on behalf of and bind the City for amounts up to and including $10,000 per contract, subject to the direction and control of the City Council. With this exception, City Manager agrees that he has no authority to bind the City or any of its elected or appointed officials or commit the City to any course of action without the duly authorized written consent of the Mayor and/or the City Council. City Manager acknowledges that the position of City Manager is a position of high visibility before the public and agrees that he shall conduct himself before the public and City staff, both during and outside of regular working hours, in a manner that reflects favorably on the City.
Section 2. No Other Employment
City Manager agrees not to undertake any other employment during the term of this Agreement that will diminish the number of hours he has available to lawfully work for the City. City Manager further agrees to confer with the Mayor and/or the City Council or a designated subcommittee thereof before undertaking any projects for organizations other than the City which may require a time commitment by City Manager that may diminish the number of hours he has available to lawfully work for the City.
Item 8C68
Section 3. Employment Agreement Controls.
In the event of any conflict or ambiguity between the terms of this Agreement and the Colfax Municipal Code Title 2, Chapter 2.08, the terms of this Agreement shall control.
Section 4. Term.
A. This Agreement is effective November 29, 2023, and shall automatically terminate on November 29, 2028, unless extended by both City Manager and City or unless and until it is terminated by either party as hereinafter provided. City Manager agrees that he serves at the pleasure of the City. Either the City or City Manager may, consistent with the provisions of Section 5 of this Agreement, terminate this Agreement and the relationship created hereby at any time for any reason with or without Good Cause.
B. Notwithstanding any other provision of this Agreement or of the Colfax Municipal Code, City Manager shall not be removed from office, except for Good Cause as defined in Section 5 C (iii) below, during or within a period of 30 days prior and 90 days immediately succeeding any general or special election held in the City at which a member of the City Council is elected, or within a period of 90 days immediately after a new member of the City Council is appointed. In this regard, Colfax Municipal Code Title 2, Chapter 2.08, Section 2.08.040 in effect as of the Effective Date is expressly made applicable to City Manager.
Section 5. Termination of Agreement.
A. City Manager may terminate this Agreement and resign as City Manager at any time, for any reason, upon one-month prior written notice to the City. Upon receipt of written notice from City Manager, the City may elect to immediately remove City Manager from his position as City Manager or to allow City Manager to remain as City Manager for all or any part of the one-month notice period. If the City removes City Manager from his position as City Manager prior to the expiration of the one-month notice period, the City will pay City Manager an amount equal to the salary and benefits that City Manager would have received if he had remained in the City Manager position until the expiration of the one-month notice period, less legally required withholdings. If the City advises City Manager that he should continue to perform his duties and functions as City Manager during the one-month notice period, and City Manager fails to do so, City Manager will receive no salary or benefits after the last date on which he actually performs his City Manager duties and functions.
B. Unlessthe City Manager isterminated for Good Cause as defined below, then upon termination by the City of City Manager's employment, the City shall pay the City Manager his accrued but unpaid salary and his accrued but unpaid vacation in addition to the amounts payable to the City Manager under this Agreement. In addition thereto, if this Agreement is terminated by the City without Good Cause prior to November 29, 2024, then upon the effective date of termination, the City shall pay City Manager an amount equal to three months of gross pay as severance compensation.
That severance compensation shall increase by one month for every year of City Manager's service as City Manager after November 29, 2023, up to a maximum total of four months. All of such gross pay shall be subject to usual state and federal withholding. With the exception of the foregoing, City shall not pay City Manager any other amounts whatsoever upon termination of City Manager's employment. City Manager shall not be entitled to receive any severance compensation if City Manager resigns his employment with City or terminates this Agreement, or if City Manager is terminated for Good Cause.
C. (i) If the City elects to terminate this Agreement for Good Cause, it will pay City Manager for all earned pay and accrued, unused vacation benefits at the time it notifies City Manager of the termination decision, less legally required withholdings. City Manager will be entitled to no pay or benefits after the date that the City notifies him that this Agreement and his employment by the City are being terminated for Good Cause. If the City elects to Item 8C69
terminate this Agreement with Good Cause, it will provide City Manager with a brief, written explanation for that decision sent to City Manager's last known home address. City Manager shall have no right to be heard publicly by the City Council prior or subsequent to a final vote on his termination and hereby waives any right to be heard publicly under any provision of the Colfax Municipal Code or otherwise. City Manager shall have the right to meet with the City Council in closed session for the purpose of discussing the basis for his proposed termination for Good Cause prior to a final vote on his termination for Good Cause. In order to exercise that right, he must provide a written request to meet in closed session to the Mayor of the City within fifteen days after the date that the City notifies him that this Agreement and his employment by the City are being terminated for Good Cause. Failure to timely provide such written notice shall constitute a waiver of the right to be heard. (ii) If the City Council proposes to terminate this Agreement and City Manager's employment for Good Cause, the City Council may consider granting City Manager, upon City Manager's written request, the opportunity to cure the proposed reason for termination within a thirty (30) business day period after City Manager is advised of the reason the City Council is considering termination of this Agreement and City Manager's employment. (iii) For purposes of this Section 5, "Good Cause" includes without limitation, as determined in the sole discretion of the City, any of the following: (1) neglect of or failure to adequately perform the essential duties or functions of City Manager, (2) insubordination, (3) dishonesty, (4) embezzlement, (5) violation of Federal, State or local requirements pertaining to conflict of interest, (6) appearance of a conflict of interest, (7) conviction of a criminal act, other than minor traffic violations or similar offenses, which is likely to have a material adverse impact on the City or City Manager's reputation, (8) involvement in any act involving moral turpitude that would compromise City Manager's effective performance as City Manager, (9) taking a position adverse to the interests of the City without the City's prior written consent, (10) violation of any fiduciary duty owed to the City, (11) proven failure of City Manager to observe or perform any of his duties and obligations under this Agreement or (12) inability to perform the essential duties and functions of the City Manager position as referred to in Section 6 of this Agreement. (iv) If termination of this Agreement is the result of the death of City Manager, the City shall pay all salary and benefits due up to and including City Manager's date of death to City Manager's legal heir(s).
D. In the event this Agreement is terminated by the City or City Manager for any reason, the City and City Manager agree that neither party shall make any written or oral statements to members of the public, the press, or any City employee concerning City Manager's termination except in the form of a joint press release or statement which is mutually agreeable to both parties. The joint press release or statement shall not contain any text or information that is disparaging to the City or City Manager. Either party may orally repeat the substance of the joint press release or statement in response to any inquiry.
Section 6. Inability To Perform Essential Duties and Functions.
City Manager agrees that if he is unable to perform the essential duties and functions of the City Manager position for any reason for more than 60 consecutive calendar days, the City may terminate this Agreement. If the City elects to terminate this Agreement based on City Manager's inability to perform the essential duties and functions of the City Manager position, it will so advise City Manager in a writing sent to Item 8C70
City Manager's last known home address. At the time the City provides such notice, it will pay City Manager for all earned pay and accrued, unused vacation benefits, less legally required deductions. Once said amounts have been paid, all financial obligations between City and City Manager shall cease.
Section 7. Compensation
A. Base Compensation
The City agreesto pay City Manager for the performance of his duties and functions a starting salary of $146,000 per year that can be adjusted in accordance with Section C below. City Manager's salary will be paid in installments at the same time that other employees of the City are paid, prorated for any partial month of service.
The City shall have the right to increase City Manager's base annual salary at any time. Any adjustment to City Manager's salary must be authorized in writing by the City. City Manager shall not be entitled to receive payment or credit for, and the City shall not pay or credit City Manager for, overtime, compensated time off in lieu of overtime or other compensation except as expressly provided in this Agreement. City Manager acknowledges that the position of City Manager is exempt from the provisions of the Fair Labor Standards Act (FLSA).
B. Annual Cost Of Living Adjustment.
At the commencement of the second year of service under this Agreement, and on each annual anniversary date of this Agreement thereafter (the "Adjustment Date"), and provided that City Manager remains employed by the City, the City Manager's annual salary shall increase by the increase in the Consumer Price Index (CPI), calculated as follows. The base for computing the annual salary adjustment is the Consumer Price Index, All Urban Consumers, All Items, For The San Francisco Bay Area, published by the United States Department of Labor, Bureau of Labor Statistics (the "Index") which is in effect on the Effective Date (the "Beginning Index"). The Index published most immediately preceding the Adjustment Date in question ("Extension Index") is to be used in determining the amount of the adjustment. If the Extension has increased over the Beginning Index, the increase in the City Manager's salary shall be set by multiplying the City Manager's gross annual salary immediately prior to the Adjustment Date by a fraction, the numerator of which is the Extension Index and the denominator of which is the Beginning Index. In no case shall the City Manager's salary be decreased and in no case shall this increase exceed five percent (5%). If the CPI is discontinued by the Bureau of Labor Statistics, the Index designated by the Bureau of Labor Statistics as replacing the CPI shall be used. The CPI increase provided for in this paragraph shall be in addition to any other salary or benefit increase the City Council may authorize.
C. Performance Pay. The Council desires to encourage excellent performance by the City Manager and utilize the annual performance review for this purpose. City shall evaluate Employee's performance in November 2024 and each year thereafter. If the City Manager receives an exemplary evaluation, the City Manager shall receive a five percent (5%) merit increase and an additional $200 per pay period in Employer's contribution to the City's deferred compensation plan commencing January 1, 2025, and an additional five percent (5%) merit increase and an additional $200 per pay period in Employer's contribution to the City's deferred compensation plan each year thereafter for which City Manager receives an exemplary performance evaluation. This adjustment may be implemented by minute order or other action of the Council.
Section 8. Benefits.
During the term of this Agreement and his employment hereunder, City Manager shall be entitled to receive the following benefits on the same terms and conditions as other City department heads:
Item 8C71
A. Vacation: City Manager shall accrue vacation at the rate specified in the City's July 1, 2017 adopted Employee Handbook based on City Manager's original hire date.
B. Holidays: City Manager shall be entitled to holidays and holiday pay consistent with the City's adopted Employee Handbook.
C. Sick Leave: City Manager shall accrue sick leave at the rate specified in the City's adopted Employee Handbook.
D. Bereavement Leave: City Manager shall be entitled to bereavement leave consistent with the City's adopted Employee Handbook.
E. Health Plan. City Manager and City Manager's qualified dependents shall be eligible to participate in City's sponsored health plan consistent with the City's adopted Employee Handbook as it pertains to exempt employees. Any and all monthly premium payments payable by City Manager may, at City Manager's discretion, be deducted from the City Manager's paycheck as a pre-tax deduction as allowed by applicable law. City Manager shall be permitted, at City Manager's election, to receive $800 per month in lieu of medical insurance which can be paid directly to City Manager or deposited into one of the City's qualified plans for City Manager's benefit.
F. Pension: On the same basis as other department heads employed by the City, which is currently the California Public Employee's Retirement System (CalPERS) 2% at 60.
G. Compensated Time Off/Administrative Time: City Manager shall be entitled to compensated time off/administrative leave consistent with the City's adopted Employee Handbook.
H. Other benefits on the same basis as department heads covered by the City's adopted Employee Handbook.
I. City Manager shall either receive a $50 per pay period stipend for using his mobile phone for City business or the City Manager shall use a City mobile phone provided.
J. Relocation Reimbursement - It is the City's preference that the City Manager live no further than 20 minutes from Colfax for emergency response purposes. City Manager shall be provided a one-time reimbursement for a U-Haul or equivalent vehicle, moving supplies and other miscellaneous moving costs for purposes of moving his personal residence from Live Oak, California to or near Colfax, California. This reimbursement shall not exceed $1,500.
K. City Manager shall prepare an annual personal educational training plan for consideration by the City Council focused on best practices for new city managers. This training will be carried out in the 12 months immediately following Council adoption of said plan and shall be incorporated into the two-year budget for the City.
Section 9. Automobile
While this Agreement remains in effect, City shall pay City Manager a vehicle allowance of $450 per month, subject to periodic adjustments approved by the City Council. At all times during this Agreement, City Manager shall keep and maintain a policy of comprehensive automobile insurance (Bodily Injury and Property Damage) on owned, leased and non-owned vehicles used in connection with City business of no less than Item 8C72
$500,000 combined single limit per occurrence. Proof of such insurance shall be provided to the City's risk manager. The City Manager's insurance coverage shall be primary as respects the City, its officers, agents, employees and volunteers. Any insurance kept or maintained by the City, its officers, agents, employees and volunteers shall be excess of City Manager's and shall not contribute with it.
Section 10. Performance Evaluations
The City Council shall review and consider City Manager's performance as City Manager as close as reasonably possible to the beginning of each year while this Agreement, or any renewal or extension of this Agreement, remains in effect. The review shall be discussed with City Manager and reduced to writing, and shall only cover the annual period of performance being reviewed.
Section 11. Confidential Information.
City Manager agrees that he will not reveal any confidential information about the City or City employees that he learns while performing the duties and functions of City Manager.
Section 12. City Property.
City Manager agrees that all materials, regardless of their form, that he receives, creates or produces in connection with this Agreement and/or his employment as City Manager are and will remain the exclusive property of the City. City Manager will immediately deliver all originals and all copies of such materials that are in his possession or control to the City upon termination of this Agreement or upon any request from the Mayor and/or the City.
Section 13. Assistance in Litigation.
City Manager agreesthat he will furnish information and proper assistance to the City asit may reasonably require with any litigation in which it is or may become involved, either during or after the termination of this Agreement. City Manager further agrees that he will not discuss, reveal or convey any information or documents pertaining to the City to any person or entity, or to any attorney for or representative of any person or entity, with actual or potential claimsthat are adverse to the City except pursuant to duly issued legal process or as otherwise authorized by the City. City Manager agrees to notify the City immediately upon receipt of any legal process pertaining to the City.
Section 14. Alternative Dispute Resolution
(a) City Manager and the City agree that if a dispute arises from or relates to this Agreement, to City Manager's employment as City Manager or his termination or resignation from that position, or to the amount of pay or benefits which City Manager is owed, then before resorting to mediation, arbitration or other legal process, City Manager and a committee of two elected City Council members appointed by the Mayor and approved by a majority of the City Council shall first meet and confer and attempt to amicably resolve any such dispute subject to the following provisions. Any party desiring to meet and confer shall so advise the other party pursuant to a written notice. Within 30 days after provision of that written notice by the party desiring to meet and confer, City Manager and a committee of two elected City Council members appointed by the Mayor and approved by a majority of the City Council shall meet in person and attempt to amicably resolve their dispute. 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 sub-Section 14 (b) below. Any resolution shall be subject to approval by a majority of the City Council.
Item 8C73
(b) Subject to the provisions of sub-Section 14 (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 nearest 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 nearest office of JAMS shall serve as the neutral mediator. The patties 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 patties agree to each bring to the neutral mediation a list of at least five neutral arbitrators, including their resumes, whose availability for an arbitration hearing within 30 days after the mediation has been confirmed. (c) If mediation is unsuccessful, then before the mediation concludes, the parties shall mediate the selection of a neutral arbitrator to assist in the resolution of their dispute. If the parities are unable to agree on an arbitrator, the pa1ties shall submit selection of an arbitrator to the mediator, whose selection of an arbitrator 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, other than himself/herself, at the nearest office of the Judicial Arbitration and Mediation Service (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 or pursuant to such other process as the City and City Manager may agree. In either case, the provisions of Code of Civil Procedure Section 1283.05 and 1283.1 shall apply and are hereby incorporated into this Agreement. The award of the arbitrator shall be subject to the provisions of the California Arbitration Act, sections 1280-1294.2 of the California Code of Civil Procedure. The City shall pay the costs incurred with JAMS for the arbitration. The arbitration hearing shall last as long as is reasonably necessary for the arbitrator to decide all issues in dispute.
Both patties shall be allowed to present to the arbitrator all legal and equitable claims available to them under law.
NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING
OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY
NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL.
BY INITIALING IN THE SPACE BELOW YOU ARE GNING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THIS SECTION 14. IF YOU
REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE
COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
ND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT NT TO ALTERNATIVE DIS UTION AS PROVIDED IN THIS SECTION 14.
City Initial\ City Manager's I
Pursuant to the requirements of the California Government Code, including but not limited to Sections 825, 995, 995.2, 995.8 and 996.4, as amended from time to time, the City shall defend, save harmless and indemnify City Manager against any tort, professional liability claim and demand or other claim or legal action, whether groundless or othe1wise, arising out of an alleged act or omission occurring in the course and scope of City Manager's duties as City Manager. Said defense shall be provided by the City until such time as all legal action on the matter is concluded.
Item 8C74
Section 16. Governing Law.
This Agreement will be construed and enforced in accordance with the laws of the State of California.
Section 17. Headings.
The headings used in this Agreement are provided for convenience only and may not be used to construe meaning or intent.
Section 18. Assignment.
Neither this Agreement nor any interest in this Agreement may be assigned by City Manager without the prior express written approval of the City.
Section 19. Severability,
If any provision or portion of this Agreement is held to be invalid or unenforceable, this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable provision(s) or portion(s) had never been included.
Section 20. Notices.
Notices pursuant to this Agreement shall be given in writing and shall be deemed given when personally served upon the person to whom addressed or when mailed by certified or registered mail and deposited with the United States Postal Service, postage prepaid and addressed as follows:
City:
City Manager:
Mayor, City of Colfax
P.O. Box 702
33 S. Main Street
Colfax, CA 95713
Ronald Walker
Colfax City Hall
P.O. Box 702
Colfax, CA 95713
Section 21. Modification.
This Agreement may only be modified in a writing signed by the City and the City Manager.
Section 22: Abuse of Office.
A. Any salary paid to City Manager pending an investigation shall be fully reimbursed to City if City Manager is convicted of a crime involving an abuse of City Manager's office or position, as set forth in Government Code sections 53243 and 53243.4. Any funds City pays or provides for the legal criminal defense of City Manager shall be fully reimbursed to the City if the City Manager is convicted of an abuse of City Manager's office or position, as set forth in Government Code sections 53243.1 and 53243.4. If this Agreement is terminated, any cash settlement or severance related to the termination that the City Manager receives from the City shall be fully reimbursed to the City if Item 8C75
the City Manager is convicted of a crime involving an abuse of City Manager's office or position, as set forth in Government Code sections 53243.2 and 53243.4.
B. In accordance with and subject to Government Code Section 53244, if City Manager is convicted by a state or federal trial court of any felony under state or federal law for conduct arising out of, or in the performance of, City Manager's official duties, City Manager shall forfeit any contract right or other common law, constitutional, or statutory claim against the City to retirement or pension rights or benefits, however those benefits may be characterized, including lost compensation, other than the accrued rights and benefits to which City Manager may be entitled under any public retirement system in which City Manager is a member. The forfeiture provided by this section shall be in addition to, and independent of, any forfeiture of public retirement system rights and benefits pursuant to Government Code Sections 7522.70, 7522.72, or 7522.74.
Section 23. Entire Agreement.
This Agreement supersedes any and all other agreements, either oral or in writing, and contains all agreements between City Manager and the City regarding his employment as City Manager. City Manager and the City agree that no representations, inducements, promises or agreements, oral or otherwise, have been made to either party, or anyone acting on behalf of either party, which are not stated herein, and that no agreement, statement, or promise not contained in this Agreement will be valid or binding on either party.
Section 24: 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, itshall not be necessary to produce or account for more than one such counterpart.
In accordance with applicable law, the Parties may execute this Agre9r1ent by electronic signa and, if they do so, an electronic signature and this Agreement will have same legal validity and enforceability as manually executed signature and agreement.
ATTEST: '
Clerk
A
Alfred A. Cabral, City Attorney
.s.,.,...x....,..,< f
Item 8C76