1 CITY OF COLTON
City Hall, Council Chambers
650 N. La Cadena Drive
Colton, CA 92324
Website: www.coltonca.gov
Mayor Frank J. Navarro
Council Members:
David J. Toro - District 1
Ernest R. Cisneros - District 2
Kenneth J. Koperski - District 3
Dr. Luis S. Gonzalez - District 4
John R. Echevarria - District 5
Isaac T. Suchil - District 6
City Treasurer Aurelio De La Torre
City Manager William R. Smith
City Attorney Carlos Campos
City Clerk Carolina R. Padilla
AGENDA
CITY COUNCIL,
COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,
COLTON HOUSING AUTHORITY
REGULAR MEETING
TUESDAY, AUGUST 16, 2022 – 5:00 P.M.
CITY HALL, COUNCIL CHAMBERS
CLOSED SESSION - 5:00 p.m.
NO CLOSED SESSION ITEMS
RULES OF DECORUM
To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular membe r. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.
2 OPEN SESSION
6:00 P.M.
OPEN SESSION CALLED TO ORDER
INVOCATION Pastor Eric Strutz - The Door Church
FLAG SALUTE
ROLL CALL
CEREMONIAL MATTERS
Presentations, Awards, Proclamations
Recognition - Colton Area Museum Board Members
Recognition - 135th Birthday Celebration Sponsors
Recognition - VolunTEEN Program Participants
MAYOR AND COUNCIL ITEMS
GIFT DISCLOSURES
Prior to rendering a decision in any proceeding involving a license, permit, contract or other entitlement pending before the city council, any council member who has received been promised a gift or gifts aggregating $50.00 or more in value within the preceding twelve months from a party or participant in the proceeding shall disclose that fact either orally or in writing during open session. This disclosure shall be made part of the official public record of the proceeding, either as part of the minutes of the meeting or as a separate writing filed with the city. (CMC Section 2.04.030) AB 1234 ORAL REPORTS
Members of the city council shall provide brief reports on meetings attended at the expense of the city. (GC Section 53232.3(d))
APPOINTMENTS
MAYOR AND COUNCIL DISCUSSION ITEMS
PUBLIC HEARINGS
To speak on public hearing items, it is requested that you obtain a card from the Cit y Clerk and complete it by noting the agenda item number, as well as whether you are in favor, opposition or neither, and give it to the City Clerk. The applicant will be allowed 5 minutes to address the Council and all other persons will be allowed 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
BUSINESS ITEMS
There are no business items.
3 PUBLIC COMMENT Limit 3 Minutes
This is the portion of the meeting specifically set aside to invite your comments regarding Consent Calendar items and other general comments about matters not on the agenda; however, any matter that requires action will be referred to staff for investigation and report at a subsequent Council meeting. The Council is prohibited by law from discussing or taking immediate action on items during this public comment period.
Persons desiring to submit paperwork to the City Council Members shall provide copy of any paperwork t o the City Clerk for the Official Record.
Speakers will be limited to 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.
(1) Minutes - Approval of Minutes for the City Council Regular Meeting held on August 02, 2022, on file in the Office of the City Clerk.
[Staff Person: Carolina Padilla]
(2) Warrants - Approve voucher numbers 200236 to 200304 dated 07/14//2022 and totaling $678,926.15; replacement check number 200305 for $51.71; voucher numbers 200306 to 200410 dated 07//21/2022 and totaling $725,463.46.
[Staff Person: Stacey Dabbs]
(3) City Treasurer's Report - Receive and File City Treasurer's Report for May 2022. [Staff Person: Aurelio De La Torre]
(4) Contract Amendment - City Manager - Approve a Contract Amendment with William R. Smith for City Manager Services.
[Staff Person: Bill Smith]
(5) Contract Award - Workers Compensation TPA Services - Approve Contract for Workers Compensation Third Party Administrator (TPA) Services to AdminSure for Pre-7/1/22 Claims. [Staff Person: Tom Cody]
(6) Contract Award & Reimbursement Agreement - CASC - Approve Contract for Environmental Services with CASC Engineering Consultants and Reimbursement Agreement with Applicant for Rezone/General Plan Amendment Application.
[Staff Person: Mark Tomich]
(7) Contract Amendment - Sagecrest Planning + Environmental - Approve a Contract Amendment with Sagecrest Planning + Environmental to Provide Project Management and Entitlement Services. [Staff Person: Mark Tomich]
(8) Contract Amendment - Willdan Engineering - Approve a Contract Amendment with Willdan Engineering for Building Inspection, Permit Technician Support, and Code Compliance Support. [Staff Person: Mark Tomich]
4 (9) Contract Award - STC Traffic Inc. - Award of Engineering Design Contract to STC Traffic, Inc. for the Washington Street Class II Bicycle Route Project and the San Bernardino Ave. Street Improvement Project. [Staff Person: Brian Dickinson]
(10) Purchase - Police Vehicles - Approve Purchase of New Police Vehicles through the Sourcewell Contract (National Auto Fleet Group).
[Staff Person: Hank Dominguez]
MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor and Council on various issues and activities throughout the community.
CITY MANAGER'S REPORTS
ADJOURNMENT
5 I, Stephanie Vargas, the Deputy City Clerk, hereby certify that a true and correct, accurate copy of the foregoing agenda was posted , at least seventy-two (72) hours prior to the meeting per Government Code 54954.2, at the following locations:
City of Colton City Hall 650 N. La Cadena Drive
City of Colton Website, www.coltonca.gov <http://www.coltonca.gov>
PROCEDURES FOR ADDRESSING CITY COUNCIL
For the Official Record, it is requested that you obtain a card from the City Clerk and complete it by noting a specific item number on the Agenda, if applicable, or you can identify the subject that you wish to address under the Public Comment portion of the Agenda. The City Council encourages public input on all City issues within the Rules of Decorum. Speakers will be limited to the time periods provided on the Agenda; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
RULES OF DECORUM
To help conduct the business of the City C ouncil in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and op inions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular memb er. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.
NOTICE TO PUBLIC
Staff reports or other written documentation relating to each item referred to, on the Agenda, are available for public inspection at the following locations: Office of the City Clerk, 650 N. La Cadena Drive, Colton, CA; City of Colton Public Library, 656 9 th St., Colton, CA; or the City of Colton Internet Website, www.coltonca.gov. Any person having questions concerning any item on the Agenda may call the City Clerk at 370 -5191 to make inq uiry concerning the nature of the item described on the Agenda. The City Clerk shall direct inquiries to the appropriate office.
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.
6 In c ompliance with the American with Disabilities Act, if you need special assistance to participate in a City Meeting, please contact the City Clerk’s Office at 909 -370-5001. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
LEGAL CHALLENGES
If you challenge in court any discussion or action taken concerning an item on this Agenda, you may be limited to raising only those issues you or someone else raised during the meet ing or in written correspondence delivered to the City at or prior to the City's consideration of the item at the meeting.
MANUAL OF PROCEDURE
The City Council adopted its Manual of Procedure pursuant to Resolution No. R -150-07; Amended by Minute Action on December 2, 2014 and adopted by Resolution No. R -03-15 on January 20, 2015. Copies are available in the Office of the City Clerk.
ITEM NO. 1
STAFF REPORT
DATE: AUGUST 16, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CAROLINA PADILLA, CITY CLERK
SUBJECT: APPROVAL OF MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD ON AUGUST 02, 2022, ON FILE IN THE OFFICE
OF THE CITY CLERK.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approval of Minutes for the City Council Regular Meeting Held on August 02, 2022.
BACKGROUND
Minutes for the City Council Regular Meeting Held on August 02, 2022.
FISCAL IMPACTS
None.
ATTACHMENT
1. 08-02-2022 Draft Minutes
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2022 AUGUST 02 CC/CUA/CPFA/CHA MEETING 1 -
CITY COUNCIL/COLTON UTILITY AUTHORITY/
COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY
REGULAR MEETING MINUTES
August 02, 2022
Regular Meeting held on the above-given date at 6:00 p.m. in City Hall, located at 650 North La Cadena Drive, Colton, California with Mayor Navarro presiding.
INVOCATION: Pastor Dane Aaker from Centerpoint Church
FLAG SALUTE: American Legion Post 155 Member Steve Ferrance
CITY COUNCIL ROLL CALL
Council Members Present Staff Present
Frank J. Navarro, Mayor William R. Smith, City Manager David J. Toro Carlos Campos, City Attorney
Ernest R. Cisneros Carolina R. Padilla, City Clerk Kenneth J. Koperski, Mayor Pro Tem
Dr. Luis S. González
John R. Echevarria
Isaac T. Suchil
Council Members Absent
None
CEREMONIAL MATTERS
Presentations, Awards, Proclamations
Employee Longevity Recognition Presentation
Mayor Navarro, assisted by City Manager Smith acknowledged /recognized the following City of Colton employees for their continued service to the City of Colton:
30 Years
Liliana Espinoza—Sr. Customer Service Rep
Fernando Velasquez—Line Crew Supervisor
25 Years
Lorraine Avalos—Exe. Asst. to Police Chief
Ray Bruno—Fire Marshall
Henry Dominguez—Police Chief
Cheryl Evans—Senior Police Dispatcher
Ed Ficara—Electric Field Ops Foreman
Ronald Helms—Fire Engineer
20 Years
Rachel Carnell—Code Enforcement Officer
Jose “Harvey” Esparza—Lead Mechanic
Deb Farrar—Community Services Director
Tim McHargue—Fire Chief
Nicole Mihld—Purchasing & Cust. Serv. Mgr.
Tony Soto—Building Maintenance Supervisor
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15 Years
Elias Avila—Sr. Electrical Utility Inspector
Anita Betancur—Police Records Supervisor
Matthew Collins—Police Sergeant
Art Espitia—Storekeeper
Blanca Gutierrez—Account Technician II
Tania Heard—Code Enforcement Officer
Simon Holding—Police Officer
Alphonzo Mancinas—Water Distribution Op III
Nicole Reynolds—Senior Police Dispatcher
Brent Smith—Warehouse Supervisor
Chad Ward—Police Corporal
10 Years
Ovidiu Bostan—Wastewater Utility Supervisor
Michael Cory—Water/Wastewater Superintendent
Anthony Fernandez—Rec Services Coordinator
Christopher Jimenez—Power Line Technician
Annette Lira—Sr. Customer Service Rep.
Dawn Miller—Executive Asst. to City Manager
Yuriana Nava—Police Dispatcher II
5 Years
Alexis Arthur—Code Enforcement Officer
Anthony Barron—Police Officer
Klevis Buzi—Police Officer
Adam Chittenden—Fire Engineer
Christopher DeAnda—Fire Engineer
Jose Esparza—Collection System Worker II
Linda Gallardo—Customer Service Rep II
Ramon Hernandez—Building Official
Sheena Leopard—Police Dispatcher II
Paula Majors—Finance Manager
Gabriel Martinez—Police Officer
Rocio Mull—Police Dispatcher II
James Olea—Wastewater Treatment Op I
Julie Perez—Animal Services Officer
Maria Quijano—Office Specialist II
Jason Tooley—Firefighter Medic
Steven Vallez—Fire Engineer
Jonathan Vega—Power Line Technician
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MAYOR AND COUNCIL ITEMS
POSSIBLE CONFLICT OF INTERE ST DISCLOSURES FOR THE COUNCIL MEETING OF AUGUST 2 2022.
GIFT DISCLOSURES
Mayor Navarro asked the members present if there were any agenda items that were a conflict of interest pursuant to CMC Section 2.04.030. None disclosed.
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AB 1234 ORAL REPORTS
Mayor Navarro asked the members present if there were any brief reports on meetings attended at the expense of the City. (GC Section 53232.3(d). None disclosed.
APPOINTMENTS
Appointment - League of California Cities Voting Delegate and Alternates - Designate One (1) Voting Delegate and May Appoint up to Two (2) Voting Alternates.
Mayor Navarro recommended the following Voting Delegate and Alternates:
Voting Delegate – Councilmember (MPT Koperski)
1st Alternate Delegate – Councilmember González
2nd Alternate Delegate – Councilmember Suchil
Consensus; No objection; so ratified;
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PUBLIC HEARINGS
(1) Public Hearing - Street Vacation: Terrace Avenue & De Berry Avenue
TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO APPROVE AND ADOPT A
RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA, CONDITIONALLY
VACATING PORTIONS OF SOUTH TERRACE AVENUE AND DE BEERY STREET, RESOLUTION NO. R-94-22.
Mayor Navarro declared the Public Hearing open.
City Clerk Padilla submitted the Notice of the Public Hearing (on file in the City Clerk’s Office) and there were no reports of protests or objections thereto.
Staff Presentation
City Manager Smith informed Council continuance of the Public Hearing to the Council Meeting of September 6, 2022.
No objection by Mayor and Council so moved.
(2) Public Hearing - Weed Abatement
TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO CONSIDER ANY
OBJECTIONS OR PROTESTS FROM PROPERTY OWNERS FOR WEED ABATEME NT SERVICES PERFORMED DURING THE 2022 ANNUAL WEED ABATEMENT PROGRAM AND
TO CONSIDER IMPOSING A LIEN UPON THE PROPERTIES FOR PAYMENT, RESOLUTION NO. R-93-22.
Mayor Navarro declared the Public Hearing open.
City Clerk Padilla submitted the Notice of the Public Hearing (on file in the City Clerk’s Office) and there were no reports of protests or objections thereto.
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Staff Presentation
Fire Marshal Bruno, informed Council the Public Hearing is to hear objections from vacant property owners to charges incurred by them for weed abatement services provided under the Weed Abatement Program; and to adopt and approve a Resolution adopting a report and statement of expenses for the City’s Weed Abatement Program and imposing a lien upon property for payment thereof.
Public Comment
The following community members addressed the Council: Lorraine Saucedo; Dina Terrazas; and Pam Lemos
Motion and Second by CM Suchil/CM González to close the public hearing.
Vote: Unanimous
Council Discussion
Discernment and discussion bet ween Mayor and Councilmembers present, with clarification provide by staff:
Fire Marshall Bruno.
Motion and Second by CM González/CM Toro to approve and adopt Resolution No. R-93-22.
Vote: Unanimous
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Public Comment
The following community members addressed the Council: Tim Heusterberg; Darlo Murray ; Gem Montes ; Erika Vasquez; and Frank Montes.
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CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 3 through 12.
City Manager announced the following changes/corrections of the Consent Calendar:
Item 5 – certain verbiage on the Agenda Report is incorrect; the report is corrected and copy of the clean Agenda Report given to Council; no change to action requested.
Item 9 – received an updated amount for the Resolution for this item and will read $310,438; the Resolution is corrected and a clean Resolution given to Council; no change to action requested.
Item 12 – a typo to the Agenda Report as to end date; the Resolution is corrected and clean Resolution given to Council; no change to action requested.
Councilmembers present selected items for discussion and clarification by staff: CM Suchil, Item 5.
Motion and Second by CM González/MPT Koperski to approve the Consent Calendar Items 3 through 12.
Vote: Unanimous
(3) Minutes - Approval of Minutes for the City Council Regular Meeting held on July 19, 2022.
(4) Warrants - Approve US Bank voucher d ated 6/22/2022 and totaling $43,870.85; voucher numbers 199883 to 199966 dated 0701/2022 and totaling $76,007.89; voucher numbers 199967 to 200108 dated 06/30/2022 and totaling $4,265,199.03; voucher numbers 200109 to 200235 dated 07/07/2022 and
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totaling $3,226,216.45 and a payroll disbursement listing dated 05/28/2022 to 06/10/2022 and totaling $931,293.71.
(5) Contract Award - Hardy & Harper, Inc. - Approve and Adopt a Resolution to Award a Contract to Hardy & Harper Inc. for the FY 21-22 Asphalt Paving Project, RESOLUTION NO. R-90-22.
(6) Contract Award - Green Acres Advertising Design - Award Bid for Marketing Services in the Public Works & Utility Services Department to Green Acres Advertising Design.
(7) Purchase - Lenco Armored Vehicles - Approve the Purchase of one Lenco Bearcat G3 Armored Rescue Vehicle from Lenco Armored Vehicles.
(8) Purchase - Fire Department Engine - Approve Purchase of a Fire Department Engine through the Sourcewell Cooperative Purchasing Program.
(9) Resolution - CCTR Ex pansion - Approve and Adopt a Resolution for the General Child Care and Development (CCTR) Expansion Funding, RESOLUTION NO. R-89-22.
(10) Resolutions - Measure I, CIP and CPNA - Approve and Adopt Resolutions for Measure I Five Year Capital Improvement Pl an and Capital Project Needs Analysis for Fiscal Year 2022/2023, RESOLUTION NO. R-95-22, R-96-22 & R-97-22.
(11) Sole Source Purchase - Forcible Entry Equipment - Approve Sole Source Purchase of Forcible Entry Conex Box Training Center to Forcible Entry Equipment.
(12) MOU - IBEW Electric - Approve a Memorandum of Understanding (MOU) with the International Brotherhood of Electrical Workers (IBEW), Effective from 1/1/2021 to 12/31/2023, RESOLUTION NO. R-92-22.
MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor, Council and City Treasurer on various issues and activities throughout the community.
CITY MANAGER'S REPORTS
None
ADJOURNMENT
At 7:13 p.m. Mayor Navarro adjourned the Regular Council Meeting.
_________________________________
Carolina R. Padilla
City Clerk
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ITEM NO. 2
STAFF REPORT
DATE: AUGUST 16, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE VOUCHER NUMBERS 200236 TO 200304 DATED 07/14//2022 AND TOTALING $678,926.15; REPLACEMENT CHECK NUMBER 200305 FOR $51.71; VOUCHER NUMBERS 200306 TO
200410 DATED 07//21/2022 AND TOTALING $725,463.46.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve voucher numbers 200236 to 200304 dated 07/14//2022 and totaling $678,926.15; replacement check number 200305 for $51.71; voucher numbers 200306 to 200410 dated 07//21/2022 and totaling $725,463.46.
BACKGROUND
The California Government Code requires that the legislative body ratify all vouchers issued in the course of conducting City business.
ISSUES/ANALYSIS
All vouchers and related backup documentation have been reviewed by the City Treasurer.
FISCAL IMPACTS
None.
ALTERNATIVES
1. Provide alternative direction to staff.
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Staff Report to the Mayor and City Council
Warrants - Accounts Payable
August 16, 2022
ATTACHMENT
1. Fund Number and Title Legend
2. Voucher lists
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City of Colton
Fund Number and Title Legend
Fund Title Fund Title
100 GENERAL FUND 701 LLMD #2
150 TREASURERS ACCOUNT GROUP 702 LLMD #1
206 COMMUN ITY CHILD CARE 703 CFO 87-1 DEBT SERV ICE
209 DSF FLY CONSERVATION 704 CFO 87-1 CONSTRUCT ION
210 SPECIAL GAS TAX 707 CFO 88-1 DEBT SERV ICE
211 LIBRARY GRANT FUND 708 CFO 88-1 CONSTRUCTION
212 STATE TRAFFIC RELIEF FUND 709 DSF FLY CONSERVATION
213 S.Y.E.T .P. GRANT 722 STORM WATER
214 POLLUT ION REDUCT ION FUND 733 CFO 89-1 CONSTRUCT ION 215 COMMUNITY DEV ACT FUND 734 CFO 89-2 CONSTRUCT ION
216 CDBG HOUS ING REHAB FUND 744 CFO 89-1 DEBT SERV ICE 217 DRUG/GANG INTERVENTION 745 CFO 89-2 DEBT SERV ICE
218 MEASURE I FUND 750 AQUA MANSA CFO
219 STATE AID- CAPITAL PROJECTS 754 SB COUNTY HOSPITAL
220 Vi Tep 762 TRUST AND AGENCY
225 MISC GRANTS 766 DEFERRED COMPENSAT ION
240 HOST CITY FEES - CIP 781 CFO 90-1 DEBT SERVICE
247 Quimby In Lieu Fees 782 CFO 90-1 CONSTRUCT ION
248 PARK DEVELOPMENT FUND 850 Redeve lopment Obligation Retirement Fund 249 TRAFF IC IMPACT FUND 851 Successor Agency Administration 250 NEW FAC ILITIES DEVELOPMENT FEE 855 Hous ing Auth - RM PARK DEVELOPMENT 251 CIVIC CENTER DEVELOPMENT FEE 856 Housing Auth - RANCHO MED BOND PROCEEDS 252 FIRE FAC ILITY DEVELOPMENT FEE 857 LMI Asset Fund
253 POLICE FACILITY DEVELOPMENT FEE 864 Housing Auth - LOW/MOD BOND PROCEEDS 261 ASSET FORFEITURE 865 Housing Auth - RANCHO MED CHFA 326 AD 94-1 DEBT SERVICE 866 ECONOM IC DEVELOPMENT
332 1971 SEWER BONDS, A & C 867 Consolidation Proj_08 -09 350 PFA Debt Fund 870 Housing Auth - RM PARK OPERAT IONS 357 POB-Non Enterprise 871 Successor Agcy-RANCHO/M ILL PROJECT AREA 358 PENS ION OBLIGATION DEBT SERV ICE 872 Succe ssor Agcy-RANCHO/MILL DEBT SERV ICE 359 CORP YARD DEBT SERV ICE 873 Successor Agcy-RDA II PROJECT FUND 363 1978-2 ASSESSMENT DIST . 874 Housing Auth - LOW/MOD DEBT SERV ICE 364 WATER IMPRVMNT DIST A 875 Housing Auth - LOW/MOD BOND PROCEEDS 379 AD 1979-1 DEBT SERV ICE 876 Successor Agcy-SANTA ANA RIV BND PROCEED 427 AD 94-1 CONSTRUCT ION 877 Successor Agcy-SANTA ANA RIVER CIP 450 Capita l Improvement Project s 878 RDA FIXED ASSETS GROUP 451 Colton Crossing Fund 879 Successor Agcy-WEST VALLEY CIP 453 STREET IMPROVEMENTS PRGM 881 Successor Agcy-MT VERNON BOND PROCEEDS 457 CAP ITAL IMPROVEMENT 882 Successo r Agcy-MT VERNON CIP 469 EQU IPMENT REPLACEMENT 885 Successor Agcy -MT VERNON DEBT SERV ICE 520 ELECTR IC UTILITY 886 RDA ADM INISTRAT ION
521 WATER UTILITY 887 COOLEY RANCH - now 894
522 WAS TEWATER UTILITY 888 MT VERNON - now 882
523 SOLID WASTE 889 WEST VALLEY - now 879
524 CEMETERY 890 Successor Agcy-RDA - LONG TERM DEBT GRP 525 RECYCLING 891 Successo r Agcy-RDA I DEBT SERV ICE FUND 526 PUBLIC BENEFIT FUND 892 Successor Agcy-RDA I - CAP ITAL PROJECTS 527 WASTEWATER UTILITY - GRAND TERRACE 893 Successor Agcy -RDA II DEBT SERV ICE FUND 551 WATER DEVELOPMENT 894 Successor Agcy -COOLEY RANCH PRO JECT 552 SEWER DEVELOPMENT 895 Successor Agcy-COOLEY RANCH DEBT SERV 560 CEMETARY ENDOWMENT CARE 896 SANTA ANA RIVER - now 877 605 Facility & Equipment Maintenance Fund 897 Successor Agcy-SANTA ANA RIVER DEBT SVC 606 INFORMATION SERV ICES FUND 898 Housing Auth - LOW/MOD CAPITAL PROJECTS 607 INSURANCE FUND 899 Successor Agcy-WEST VALLEY PRJ - DBT SV 608 AUTOMOT IVE SHOP 941 GENERAL LONG -TERM DEBT
610 AUTOMOT IVE SHOPS 958 GENERAL FIXED ASSETS
990 GASB 34
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Attachment: Fund Number and Title Legend (3720 : Warrants - Accounts Payable)
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Attachment: Voucher lists (3720 : Warrants - Accounts Payable)
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Attachment: Voucher lists (3720 : Warrants - Accounts Payable)
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Attachment: Voucher lists (3720 : Warrants - Accounts Payable)
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Attachment: Voucher lists (3720 : Warrants - Accounts Payable)
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Attachment: Voucher lists (3720 : Warrants - Accounts Payable)
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Attachment: Voucher lists (3720 : Warrants - Accounts Payable)
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Attachment: Voucher lists (3720 : Warrants - Accounts Payable)
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Attachment: Voucher lists (3720 : Warrants - Accounts Payable)
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Attachment: Voucher lists (3720 : Warrants - Accounts Payable)
ITEM NO. 3
STAFF REPORT
DATE: AUGUST 16, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: AURELIO DE LA TORRE, CITY TREASURER
SUBJECT: RECEIVE AND FILE CITY TREASURER'S REPORT FOR MAY 2022.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Receive and File City Treasurer’s Report for May 2022.
ATTACHMENT
1. May 2022 Treasurer's Report
3 Packet Pg. 50
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Attachment: May 2022 Treasurer's Report (3756 : Treasurer's Report)
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Attachment: May 2022 Treasurer's Report (3756 : Treasurer's Report)
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Attachment: May 2022 Treasurer's Report (3756 : Treasurer's Report)
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Attachment: May 2022 Treasurer's Report (3756 : Treasurer's Report)
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Attachment: May 2022 Treasurer's Report (3756 : Treasurer's Report)
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Attachment: May 2022 Treasurer's Report (3756 : Treasurer's Report)
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Attachment: May 2022 Treasurer's Report (3756 : Treasurer's Report)
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Attachment: May 2022 Treasurer's Report (3756 : Treasurer's Report)
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Attachment: May 2022 Treasurer's Report (3756 : Treasurer's Report)
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Attachment: May 2022 Treasurer's Report (3756 : Treasurer's Report)
ITEM NO. 4
STAFF REPORT
DATE: AUGUST 16, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BILL SMITH, CITY MANAGER
SUBJECT: APPROVE A CONTRACT AMENDMENT WITH WILLIAM R. SMITH FOR CITY MANAGER SERVICES.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve Fifth Amendment to the City of Colton City Manager Employment Agreement with William (“Bill”) Smith providing him with an increase in base salary and considerati on of future salary increases to avoid compaction with the salary of other employees, as outlined below.
BACKGROUND
On February 17, 2015, the Colton City Council approved an Employment Agreement with Bill Smith to serve as City Manager (“Employment Agree ment”). The parties subsequently entered into four amendments to that Employment Agreement, the last of which was approved by the City Council on December 21, 2021. That Fourth Amendment to the Employment Agreement contained the following language:
In th e event that another City employee receives an increase in his or her base salary that would come within ten percent (10%) of Employee’s Annual Base Salary, the City Council shall meet upon Employee’s request to consider an increase in the Annual Base Salary for the City Manager.”
The City recently amended its Executive Group Compensation Resolution to provide salary increases to those employees covered by that Resolution. The increase brought at least one employee’s salary to within ten percent of the City Manager’s current base salary.
DISCUSSION
4 Packet Pg. 61
Staff Report to the Mayor and City Council
Contract Amendment - City Manager
August 16, 2022
This proposed Fifth Amendment to the City Manager’s Employment Agreement would raise his annual base salary in order to keep it at ten percent above all other City employees, increasing that base salary to $207,252.56 per year. All other provisions of the City Manager’s Employment Agreement, as amended, would remain unchanged.
FISCAL IMPACTS
The cost to the City for the increase in base pay is $ 5,200 per year. Salaries and benefits expenses will be recalcul ated with the FY2022 -23 mid-year budget process to ensure sufficient appropriations are available through the end of the fiscal year.
ALTERNATIVES
1. Provide alternative direction to the City Attorney and staff.
ATTACHMENT
1. Colton - Smith - Fifth Amendment to Employment Agreement (City Manager)-c1-bs1
2. SALARY TABLE revised 8-16-22
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23152.06030\40406851.1
FIFTH AMENDMENT TO THE CITY OF COLTON
CITY MANAGER EMPLOYMENT AGREEMENT
(WILLIAM SMITH)
This Fifth Amendment to the City Mana ger Employment Agreement (“Fifth Amendment”) between the City of Colton (“City” ) and William R. Smith (“Employee”) is entered into this 16 day of August 2022.
RECITALS
WHEREAS, the City entered into an original City Manager Employment Agreement (“Original Agreement”) with Employee on February 18, 2015; and
WHEREAS, the City entered into a Fir st Amendment to the Original Agreemen t (“First Amendment”) with Employee on May 16, 2017, in order to extend the term of the Original Agreement through February 18, 2022; and
WHEREAS, the City entered into a Second Amendment to the Original Agreement (“Second Amendment”) with Employee on Mar ch 19, 2019, in order to modify Employee’s compensation and benefits; and
WHEREAS, the City entered into a Third Amendment to the Original Agreement (“Third Amendment”) with Employee on May 4, 2021, in order to (1) extend the term of the Original Agreemen t to February 18, 2025 and (2) modify Employee’s compensation and benefits; and
WHEREAS, the City entered into a Fourth Amendment to the Original Agreement (“Fourth Amendment”) with Employee on December 21, 2021 , which included a procedure to consider an increase in Employee’s base salary in the event that an other City employee receives a base salary increase that would come within ten percent (10%) of Employee’s base salary; and
WHEREAS, the City and Employee now desire to further amend the Original Agreement, as previously amended, in order to provide for a base salary increase for Employee due to the fact that other City employees have received an increase that bring their base salaries within ten percent (10%) of Employee’s base salary.
AGREEMENT
NOW, THEREFORE, the above named parties hereby mutually agree and promise as follows:
1. Section 2.1 of the Original Agreement is hereby amended to read as follows:
“City agrees to pay City Manager, and City Manager agrees to accept from City, as compensation for services rendered by City Manager pursuant to this Agreement, an annual base salary, commencing on the Effective Date, in the amount of Two Hundred Seven Thousand, Two
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Attachment: Colton - Smith - Fifth Amendment to Employment Agreement (City Manager)-c1-bs1 (3734 : Contract Amendment - City Manager) 23152.06030\40406851.1
2 Hundred Fifty Two Dollars and Fifty Six Cents ($207,252.56) (her einafter “Annua l Base Salary”), payable in installment payments in the same manner and at the same times as salaries of other executive managers of the City are paid.
In the event that another City employee receives an increase in his or her base salary that would come within ten percent (10%) of Employee’s Annual Base Salary, the City Council shall meet upon Employee’s request to consider an increase in the Annual Base Salary for the City Manager.”
2. Except as amended by this Fifth Amendment, all other terms of the Ori ginal Agreement, as previously amended, shall remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
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Attachment: Colton - Smith - Fifth Amendment to Employment Agreement (City Manager)-c1-bs1 (3734 : Contract Amendment - City Manager) 23152.06030\40406851.1
3 SIGNATURE PAGE TO
FIFTH AMENDMENT TO THE CITY OF COLTON
CITY MANAGER EMPLOYMENT AGREEMENT
(WILLIAM R. SMITH)
The City and Employee have duly executed this Fifth Amendment as of the date first written above.
CITY OF COLTON EMPLOYEE
By: By:
Frank J. Navarro, Mayor William R. Smith, City Manager
ATTEST:
By:
Carolina R. Padilla, City Clerk
APPROVED AS TO FORM:
By:
Carlos L. Campos, City Attorney
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Attachment: Colton - Smith - Fifth Amendment to Employment Agreement (City Manager)-c1-bs1 (3734 : Contract Amendment - City Manager) Job Title Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Account Technician I general 110 6/25/2022 19.8924 20.8870 21.9313 23.0279 24.1793 3,448.01 3,620.41 3,801.43 3,991.50 4,191.08 41,376.14 43,444.70 45,617.00 47,898.24 50,293.10 Account Technician II general 116 6/25/2022 21.8791 22.9731 24.1217 25.3278 26.5942 3,792.38 3,982.00 4,181.10 4,390.16 4,609.66 45,508.58 47,783.84 50,173.24 52,681.72 55,315.78 Accountant general 142 6/25/2022 27.1045 28.4597 29.8827 31.3768 32.9457 4,698.11 4,933.02 5,179.67 5,438.65 5,710.59 56,377.36 59,196.28 62,155.86 65,263.90 68,527.16 Administrative Analyst I midmngt 204 6/25/2022 27.8774 29.2713 30.7348 32.2716 33.8852 4,832.08 5,073.70 5,327.37 5,593.74 5,873.44 57,984.94 60,884.46 63,928.54 67,124.72 70,481.32 Administrative Analyst II midmngt 234 6/25/2022 30.6626 32.1959 33.8057 35.4959 37.2707 5,314.84 5,580.62 5,859.65 6,152.61 6,460.26 63,778.52 66,967.16 70,315.96 73,831.68 77,522.90 Administrative Assistant general 126 6/25/2022 20.7547 21.7926 22.8821 24.0262 25.2276 3,597.48 3,777.39 3,966.24 4,164.55 4,372.78 43,170.14 45,328.66 47,594.56 49,974.60 52,473.46 Animal Services Officer cpcea 506 6/25/2022 19.6355 20.6173 21.6481 22.7305 23.8671 3,403.49 3,573.67 3,752.33 3,939.95 4,136.96 40,842.10 42,883.88 45,028.10 47,279.44 49,643.62 Assistant Director of Public Works & Engineering executive 838 6/25/2022 69.6258 73.1072 76.7625 80.6006 84.6307 12,068.51 12,671.92 13,305.50 13,970.78 14,669.31 144,822.08 152,063.08 159,666.00 167,649.30 176,031.76 Assistant Director of Utility Operations executive 841 6/25/2022 69.6258 73.1072 76.7625 80.6006 84.6307 12,068.51 12,671.92 13,305.50 13,970.78 14,669.31 144,822.08 152,063.08 159,666.00 167,649.30 176,031.76 Assistant Planner general 848 6/25/2022 27.1460 28.5032 29.9284 31.4248 32.9960 4,705.30 4,940.55 5,187.59 5,446.96 5,719.31 56,463.42 59,286.76 62,251.02 65,363.48 68,631.68 Associate Engineer midmngt 263 6/25/2022 41.9311 44.0277 46.2291 48.5405 50.9675 7,268.06 7,631.46 8,013.05 8,413.69 8,834.37 87,216.48 91,577.46 96,156.32 100,964.24 106,012.66 Associate Planner midmngt 210 6/25/2022 32.2149 33.8259 35.5169 37.2927 39.1575 5,583.92 5,863.16 6,156.27 6,464.07 6,787.30 67,007.20 70,357.56 73,875.36 77,568.92 81,447.60 Building Inspector I general 131 6/25/2022 22.9906 24.1401 25.3472 26.6144 27.9453 3,985.04 4,184.28 4,393.51 4,613.17 4,843.86 47,820.50 50,211.46 52,722.02 55,358.16 58,126.12 Building Inspector II general 179 6/25/2022 26.8746 28.2182 29.6292 31.1107 32.6663 4,658.26 4,891.16 5,135.74 5,392.52 5,662.17 55,898.96 58,693.96 61,628.58 64,710.10 67,945.54 Building Maintenance Supervisor midmngt 253 6/25/2022 35.2459 37.0081 38.8586 40.8015 42.8415 6,109.29 6,414.73 6,735.49 7,072.26 7,425.86 73,311.42 76,976.64 80,825.68 84,867.12 89,110.58 Building Official midmngt 093 6/25/2022 50.9127 53.4583 56.1313 58.9379 61.8848 8,824.87 9,266.10 9,729.42 10,215.91 10,726.70 105,898.26 111,193.42 116,753.00 122,590.78 128,720.28 Business Lic./Collections Ofcr. midmngt 206 6/25/2022 23.8912 25.0857 26.3401 27.6570 29.0400 4,141.13 4,348.19 4,565.62 4,793.88 5,033.61 49,693.80 52,178.36 54,787.46 57,526.56 60,402.94 Capital Project Manager midmngt 837 6/25/2022 40.7283 42.7647 44.9029 47.1481 49.5055 7,059.56 7,412.54 7,783.17 8,172.34 8,580.96 84,714.76 88,950.68 93,398.24 98,068.10 102,971.44 City Clerk elected 1/1/2016 370.00 4,440.00
City Manager contract 812 8/16/2022 99.6407 17,271.05 207,252.56 City Treasurer elected 1/1/2016 2,225.00 26,700.00 Code Enforcement Officer cpcea 138 6/25/2022 25.1499 26.4073 27.7278 29.1141 30.5698 4,359.31 4,577.27 4,806.15 5,046.44 5,298.77 52,311.48 54,927.08 57,673.46 60,557.12 63,585.08 Collection System Maintenance Supervisor midmngt 257 6/25/2022 38.5726 40.5012 42.5263 44.6526 46.8852 6,685.92 7,020.21 7,371.22 7,739.79 8,126.77 80,230.80 84,242.34 88,454.60 92,877.46 97,521.32 Collection System Maintenance Technician I ibew2 158 1/1/2022 22.1497 23.2573 24.4201 25.6410 26.9230 3,839.27 4,031.27 4,232.82 4,444.44 4,666.65 46,071.48 48,375.08 50,793.60 53,333.54 55,999.84 Collection System Maintenance Technician II ibew2 197 1/1/2022 25.4799 26.7538 28.0917 29.4962 30.9710 4,416.51 4,637.32 4,869.22 5,112.68 5,368.30 52,998.14 55,648.06 58,430.32 61,352.20 64,419.68 Collections Systems Maint Worker in Trg ibew2 190 1/1/2022 17.7242 18.6105 19.5411 20.5181 21.5439 3,072.19 3,225.82 3,387.13 3,556.46 3,734.27 36,866.70 38,709.84 40,645.28 42,677.70 44,811.26 Community Child Care Admin. Asst. general 134 6/25/2022 20.7547 21.7926 22.8821 24.0262 25.2276 3,597.48 3,777.39 3,966.24 4,164.55 4,372.78 43,170.14 45,328.66 47,594.56 49,974.60 52,473.46 Community Child Care Asst Site Supvr. midmngt 261 6/25/2022 17.9376 18.8345 19.7762 20.7650 21.8033 3,109.19 3,264.65 3,427.88 3,599.27 3,779.24 37,310.26 39,175.76 41,134.34 43,191.20 45,351.02 Community Child Care Manager midmngt 252 6/25/2022 34.0163 35.7171 37.5030 39.3781 41.3471 5,896.15 6,190.96 6,500.53 6,825.54 7,166.83 70,754.06 74,291.88 78,006.24 81,906.76 86,001.76 Community Child Care Site Supvr. midmngt 260 6/25/2022 19.9244 20.9207 21.9666 23.0650 24.2182 3,453.56 3,626.25 3,807.55 3,997.93 4,197.82 41,442.70 43,514.64 45,690.58 47,975.20 50,373.70 Community Service Officer cpcea 607 6/25/2022 19.4197 20.3906 21.4101 22.4807 23.6047 3,366.09 3,534.37 3,711.09 3,896.66 4,091.48 40,392.82 42,412.50 44,533.06 46,759.70 49,097.88 Community Services Director * executive 804 6/25/2022 84.6307 14,669.31 176,031.76 Consumer Service Field Rep. I ibew 971 12/30/2017 25.5064 26.7816 28.1208 29.5269 31.0031 4,421.11 4,642.15 4,874.26 5,117.99 5,373.88 53,053.26 55,705.78 58,491.16 61,415.90 64,486.50 Consumer Service Field Rep. II ibew 973 12/30/2017 28.0641 29.4674 30.9406 32.4878 34.1120 4,864.45 5,107.68 5,363.04 5,631.21 5,912.75 58,373.38 61,292.14 64,356.50 67,574.52 70,952.96 Customer Svc. Rep. I general 107 6/25/2022 17.7396 18.6265 19.5578 20.5358 21.5626 3,074.87 3,228.59 3,390.02 3,559.54 3,737.52 36,898.42 38,743.12 40,680.38 42,714.36 44,850.00 Customer Svc. Rep. II general 113 6/25/2022 19.5219 20.4980 21.5230 22.5991 23.7291 3,383.79 3,552.98 3,730.65 3,917.18 4,113.04 40,605.50 42,635.84 44,767.84 47,006.18 49,356.32 Deputy City Clerk cnfdtl 173 6/25/2022 24.7365 25.9732 27.2719 28.6357 30.0675 4,287.66 4,502.01 4,727.13 4,963.52 5,211.70 51,452.18 54,024.62 56,725.76 59,562.36 62,540.40 Development Services Director * executive 810 6/25/2022 84.6307 14,669.31 - - - - 176,031.76 Economic Development Manager midmngt 226 6/25/2022 45.4062 47.6765 50.0603 52.5633 55.1915 7,870.41 8,263.93 8,677.11 9,110.97 9,566.53 94,444.74 99,167.12 104,125.84 109,331.56 114,798.32 Economic Development Project Manager I midmngt 272 6/25/2022 32.0872 33.6916 35.3761 37.1449 39.0022 5,561.77 5,839.88 6,131.86 6,438.45 6,760.39 66,741.48 70,078.32 73,582.08 77,261.60 81,124.42 Economic Development Project Manager II midmngt 273 6/25/2022 38.5008 40.4258 42.4471 44.5695 46.7978 6,673.46 7,007.14 7,357.49 7,725.39 8,111.62 80,081.56 84,085.56 88,289.76 92,704.30 97,339.58 Electric Field Operations Foreman ibew 970 7/6/2021 51.2562 53.8190 56.5100 59.3355 62.3022 8,884.41 9,328.63 9,795.06 10,284.81 10,799.05 106,612.90 111,943.54 117,540.72 123,417.75 129,588.64 Electric Utility Inspector ibew 920 12/30/2017 35.6983 37.4831 39.3574 41.3251 43.3915 6,187.70 6,497.08 6,821.95 7,163.02 7,521.19 74,252.36 77,964.90 81,863.34 85,956.26 90,254.32 Electric Utility System Designer midmngt 250 6/25/2022 40.5002 42.5253 44.6515 46.8841 49.2283 7,020.04 7,371.06 7,739.59 8,126.57 8,532.90 84,240.26 88,452.52 92,875.12 97,518.98 102,394.76 Electrical Sys Engineer/GIS Project Manager midmngt 221 6/25/2022 39.4653 41.4386 43.5105 45.6861 47.9703 6,840.65 7,182.70 7,541.81 7,918.92 8,314.85 82,087.98 86,192.08 90,501.84 95,027.14 99,778.38 Energy Services Specialist midmngt 231 6/25/2022 34.1505 35.8580 37.6509 39.5334 41.5102 5,919.42 6,215.38 6,526.16 6,852.46 7,195.10 71,033.30 74,584.64 78,313.82 82,229.68 86,341.06 Engineering Assistant midmngt 264 6/25/2022 35.1215 36.8776 38.7214 40.6576 42.6904 6,087.73 6,392.11 6,711.70 7,047.32 7,399.67 73,052.72 76,705.46 80,540.72 84,567.60 88,796.24 Engineering GIS Technician ibew 907 12/30/2017 32.0504 33.6529 35.3356 37.1024 38.9575 5,555.40 5,833.17 6,124.84 6,431.08 6,752.63 66,664.78 69,997.98 73,498.10 77,172.94 81,031.60 Engineering Manager midmngt 207 6/25/2022 44.4225 46.6436 48.9757 51.4245 53.9958 7,699.90 8,084.89 8,489.12 8,913.57 9,359.27 92,398.54 97,019.00 101,869.56 106,962.96 112,311.42 Engineering Technician I general 125 6/25/2022 24.1852 25.3945 26.6643 27.9975 29.3973 4,192.09 4,401.71 4,621.82 4,852.91 5,095.54 50,305.32 52,820.56 55,461.38 58,234.80 61,146.54 Engineering Technician II general 156 6/25/2022 27.8135 29.2043 30.6645 32.1976 33.8075 4,821.01 5,062.07 5,315.18 5,580.92 5,859.97 57,852.08 60,744.84 63,781.90 66,971.32 70,319.86 Environmental and Conservation Supervisor midmngt 238 6/25/2022 39.2865 41.2509 43.3134 45.4791 47.7530 6,809.66 7,150.15 7,507.65 7,883.04 8,277.19 81,716.18 85,801.82 90,092.08 94,596.58 99,326.50 Equipment Mechanic general 129 6/25/2022 22.4093 23.5298 24.7062 25.9415 27.2386 3,884.27 4,078.50 4,282.41 4,496.53 4,721.36 46,611.24 48,941.88 51,389.00 53,958.32 56,656.34 Equipment Operator II general 124 6/25/2022 20.9843 22.0336 23.1352 24.2920 25.5065 3,637.27 3,819.15 4,010.11 4,210.61 4,421.13 43,647.24 45,829.68 48,121.06 50,527.10 53,053.78 Executive Assistant midmngt 268 6/25/2022 25.6480 26.9304 28.2770 29.6908 31.1753 4,445.65 4,667.94 4,901.35 5,146.40 5,403.72 53,347.84 56,015.18 58,815.90 61,756.76 64,844.78 Executive Assistant to City Manager cnfdtl 819 6/25/2022 32.7342 34.3708 36.0893 37.8937 39.7884 5,673.93 5,957.61 6,255.47 6,568.25 6,896.66 68,086.98 71,491.42 75,065.64 78,819.00 82,760.08 Executive Assistant to Police Chief midmngt 203 6/25/2022 25.6480 26.9304 28.2771 29.6908 31.1754 4,445.65 4,667.94 4,901.37 5,146.40 5,403.74 53,347.84 56,015.44 58,816.16 61,756.76 64,844.78 Finance Director * executive 807 6/25/2022 84.6307 14,669.31 176,031.76 Finance Manager cnfdtl 460 6/25/2022 48.2872 50.7016 53.2367 55.8986 58.6934 8,369.77 8,788.28 9,227.69 9,689.09 10,173.51 100,437.48 105,459.38 110,732.18 116,268.88 122,082.22 Fire Battalion Chief fire 309 6/25/2022 41.1649 43.2231 45.3843 47.6535 50.0362 9,989.35 10,488.79 11,013.26 11,563.92 12,142.12 119,872.22 125,865.74 132,158.78 138,767.20 145,705.30 Fire Captain fire 304 6/25/2022 32.5273 34.1536 35.8612 37.6545 39.5371 7,893.30 8,287.94 8,702.31 9,137.50 9,594.33 94,719.30 99,454.94 104,427.96 109,649.54 115,131.64 Fire Chief * executive 815 6/25/2022 90.5824 15,700.95 188,411.42 Fire Engineer fire 303 6/25/2022 28.8581 30.3010 31.8161 33.4068 35.0772 7,002.91 7,353.05 7,720.71 8,106.72 8,512.08 84,034.60 88,236.72 92,648.14 97,280.82 102,144.90 ANNUALRevised
Date
FULL TIME CLASSIFICATIONS
SALARY TABLE
MONTHLYHOURLYBargaining
Unit
FY 2022-23
REVISED 8/16/2022
Pay
Grade
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Attachment: SALARY TABLE revised 8-16-22 (3734 : Contract Amendment - City Manager) Job Title Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E ANNUALRevised
Date
FULL TIME CLASSIFICATIONS
SALARY TABLE
MONTHLYHOURLYBargaining
Unit
FY 2022-23
REVISED 8/16/2022
Pay
Grade
Fire Marshal fire 306 6/25/2022 57.6151 60.4958 63.5206 66.6967 70.0314 9,986.62 10,485.93 11,010.24 11,560.76 12,138.78 119,839.20 125,831.16 132,122.90 138,728.98 145,665.26 Fire Safety Specialist I general 157 6/25/2022 22.9906 24.1401 25.3472 26.6144 27.9453 3,985.04 4,184.28 4,393.51 4,613.17 4,843.86 47,820.50 50,211.46 52,722.02 55,358.16 58,126.12 Fire Safety Specialist II general 330 6/25/2022 26.8746 28.2182 29.6292 31.1107 32.6662 4,658.26 4,891.16 5,135.74 5,392.52 5,662.15 55,898.96 58,693.96 61,628.58 64,710.10 67,945.54 Firefighter Medic fire 308 6/25/2022 27.0552 28.4079 29.8282 31.3197 32.8857 6,565.39 6,893.66 7,238.32 7,600.26 7,980.27 78,784.68 82,723.94 86,860.02 91,203.06 95,763.20 GIS Specialist general 166 6/25/2022 25.1370 26.3939 27.7136 29.0991 30.5542 4,357.08 4,574.93 4,803.70 5,043.85 5,296.06 52,284.96 54,899.26 57,644.34 60,526.18 63,552.58 Homeless Solutions Coordinator general 103 6/25/2022 24.7437 25.9809 27.2800 28.6438 30.0761 4,288.91 4,503.36 4,728.53 4,964.92 5,213.20 51,466.74 54,040.22 56,742.14 59,579.52 62,558.34 Human Resources Analyst cnfdtl 835 6/25/2022 33.7290 35.4154 37.1862 39.0453 40.9977 5,846.36 6,138.66 6,445.61 6,767.86 7,106.27 70,156.32 73,663.98 77,346.88 81,214.38 85,275.32 Human Resources & Risk Management Director * executive 994 6/25/2022 84.6307 14,669.31 176,031.76 Human Resources Manager cnfdtl 218 6/25/2022 48.2872 50.7016 53.2367 55.8986 58.6934 8,369.77 8,788.28 9,227.69 9,689.09 10,173.51 100,437.48 105,459.38 110,732.18 116,268.88 122,082.22 Human Resources Specialist cnfdtl 149 6/25/2022 27.1460 28.5032 29.9285 31.4249 32.9961 4,705.30 4,940.55 5,187.61 5,446.98 5,719.32 56,463.42 59,286.76 62,251.02 65,363.74 68,631.68 Human Resources Technician general 145 6/25/2022 22.6968 23.8316 25.0232 26.2744 27.5881 3,934.10 4,130.81 4,337.35 4,554.23 4,781.95 47,209.24 49,569.78 52,048.10 54,650.70 57,383.30 Information Technology Coordinator midmngt 279 6/25/2022 35.7026 37.4878 39.3621 41.3302 43.3967 6,188.46 6,497.88 6,822.77 7,163.89 7,522.09 74,261.46 77,974.78 81,873.22 85,966.66 90,265.50 Information Technology Supervisor midmngt 990 6/25/2022 41.0570 43.1099 45.2654 47.5287 49.9051 7,116.55 7,472.37 7,846.01 8,238.31 8,650.21 85,398.56 89,668.54 94,152.24 98,859.28 103,802.66 Lead Equipment Mechanic general 130 6/25/2022 27.3664 28.7348 30.1715 31.6800 33.2640 4,743.50 4,980.69 5,229.73 5,491.20 5,765.76 56,921.80 59,768.28 62,756.72 65,894.40 69,189.38 Library Manager midmngt 291 6/25/2022 40.0852 42.0894 44.1938 46.4036 48.7239 6,948.11 7,295.49 7,660.25 8,043.30 8,445.48 83,377.06 87,545.90 91,923.26 96,519.28 101,345.66 Line Crew Supervisor ibew 916 12/30/2017 48.1194 50.5254 53.0516 55.7041 58.4894 8,340.69 8,757.73 9,195.62 9,655.38 10,138.16 100,088.30 105,092.78 110,347.38 115,864.58 121,657.90 Literacy Coordinator/Branch Supervisor midmngt 276 6/25/2022 29.3211 30.7873 32.3265 33.9429 35.6400 5,082.33 5,336.46 5,603.27 5,883.43 6,177.60 60,987.94 64,037.48 67,239.38 70,601.18 74,131.46 Maintenance Crew Leader general 178 6/25/2022 23.7317 24.9183 26.1642 27.4724 28.8460 4,113.49 4,319.18 4,535.14 4,761.88 4,999.97 49,362.04 51,829.96 54,421.38 57,142.54 59,999.68 Maintenance Electrician ibew 908 12/30/2017 31.0373 32.5891 34.2185 35.9295 37.7261 5,379.79 5,648.78 5,931.21 6,227.78 6,539.20 64,557.48 67,785.38 71,174.48 74,733.36 78,470.34 Maintenance Worker I general 111 6/25/2022 18.7170 19.6528 20.6355 21.6673 22.7506 3,244.28 3,406.48 3,576.82 3,755.66 3,943.44 38,931.36 40,877.98 42,921.84 45,068.14 47,321.30 Maintenance Worker I, Building general 117 6/25/2022 21.0295 22.0809 23.1849 24.3442 25.5614 3,645.11 3,827.36 4,018.72 4,219.67 4,430.63 43,741.10 45,928.48 48,224.54 50,635.78 53,167.66 Maintenance Worker II general 115 6/25/2022 19.6561 20.6389 21.6709 22.7545 23.8922 3,407.06 3,577.41 3,756.29 3,944.12 4,141.32 40,884.74 42,929.12 45,075.42 47,329.10 49,695.62 Maintenance Worker II, Building general 118 6/25/2022 22.0772 23.1810 24.3401 25.5571 26.8349 3,826.72 4,018.04 4,218.96 4,429.90 4,651.38 45,920.42 48,216.74 50,627.46 53,158.82 55,816.80 Maintenance Worker III general 153 6/25/2022 22.5753 23.7041 24.8893 26.1338 27.4404 3,913.05 4,108.72 4,314.15 4,529.86 4,756.34 46,956.78 49,304.58 51,769.90 54,358.46 57,076.24 Maintenance Worker III, Building general 132 6/25/2022 25.3972 26.6672 28.0005 29.4005 30.8705 4,402.17 4,622.32 4,853.41 5,096.09 5,350.89 52,826.28 55,467.62 58,240.78 61,153.04 64,210.90 Meter Technician ibew 980 12/30/2017 37.8661 39.7594 41.7475 43.8349 46.0266 6,563.46 6,891.63 7,236.23 7,598.05 7,977.95 78,761.54 82,699.50 86,834.80 91,176.54 95,735.38 Meter Technician Apprentice ibew 983 12/30/2017 33.2788 34.9428 36.6899 38.5245 40.4506 5,768.32 6,056.74 6,359.58 6,677.58 7,011.44 69,219.80 72,680.92 76,314.94 80,130.96 84,137.30 Network Technician general 168 6/25/2022 24.7087 25.9441 27.2414 28.6034 30.0336 4,282.83 4,496.97 4,721.84 4,957.92 5,205.83 51,394.20 53,963.78 56,662.06 59,495.28 62,469.94 Office Specialist I general 186 6/25/2022 16.0979 16.9028 17.7480 18.6353 19.5671 2,790.30 2,929.81 3,076.32 3,230.12 3,391.63 33,483.58 35,157.72 36,915.58 38,761.32 40,699.36 Office Specialist II general 106 6/25/2022 17.0816 17.9358 18.8325 19.7741 20.7628 2,960.80 3,108.88 3,264.30 3,427.52 3,598.88 35,530.04 37,306.36 39,171.86 41,130.18 43,186.78 Payroll Analyst cnfdtl 839 6/25/2022 33.7290 35.4154 37.1862 39.0453 40.9977 5,846.36 6,138.66 6,445.61 6,767.86 7,106.27 70,156.32 73,663.98 77,346.88 81,214.38 85,275.32 Payroll Technician I general 121 6/25/2022 21.8854 22.9797 24.1287 25.3351 26.6018 3,793.47 3,983.16 4,182.31 4,391.41 4,610.98 45,521.58 47,797.62 50,187.80 52,696.80 55,331.90 Payroll Technician II general 170 6/25/2022 24.0765 25.2804 26.5444 27.8716 29.2652 4,173.26 4,381.93 4,601.02 4,831.08 5,072.63 50,079.38 52,583.18 55,212.04 57,972.72 60,871.72 Planning Manager midmngt 262 6/25/2022 42.9406 45.0876 47.3420 49.7091 52.1946 7,443.04 7,815.18 8,205.95 8,616.25 9,047.06 89,316.50 93,782.26 98,471.10 103,394.72 108,564.56 Planning/Building Technician general 193 6/25/2022 22.4411 23.5632 24.7414 25.9785 27.2774 3,889.80 4,084.28 4,288.52 4,502.94 4,728.09 46,677.54 49,011.56 51,462.06 54,035.02 56,737.20 Plans Examiner I general 840 6/25/2022 29.5620 31.0400 32.5921 34.2216 35.9328 5,124.08 5,380.27 5,649.30 5,931.74 6,228.35 61,488.96 64,563.46 67,791.36 71,181.24 74,740.12 Plans Examiner II general 342 6/25/2022 32.5182 34.1441 35.8513 37.6438 39.5261 5,636.48 5,918.30 6,214.22 6,524.93 6,851.19 67,637.96 71,019.78 74,570.86 78,299.52 82,214.34 Police Captain cpma 402 6/25/2022 62.7542 65.8917 69.1867 72.6456 76.2781 10,877.39 11,421.22 11,992.36 12,591.91 13,221.54 130,528.64 137,054.64 143,908.36 151,102.95 158,658.47 Police Chief * executive 808 6/25/2022 90.5824 15,700.95 188,411.42 Police Cpl./Detective police 510 6/25/2022 39.5621 41.5403 43.6173 45.7982 48.0879 6,857.44 7,200.33 7,560.32 7,938.36 8,335.23 82,289.22 86,403.98 90,723.88 95,260.36 100,022.78 Police Dispatcher I dispatch 603 6/25/2022 21.5053 22.5806 23.7096 24.8950 26.1399 3,727.58 3,913.98 4,109.65 4,315.16 4,530.89 44,730.92 46,967.70 49,315.76 51,781.86 54,370.68 Police Dispatcher II dispatch 605 6/25/2022 23.7072 24.8925 26.1371 27.4440 28.8163 4,109.26 4,314.70 4,530.46 4,756.98 4,994.82 49,311.08 51,776.40 54,365.48 57,083.78 59,937.80 Police Lieutenant cpma 401 6/25/2022 57.0492 59.9015 62.8970 66.0415 69.3437 9,888.53 10,382.93 10,902.15 11,447.19 12,019.58 118,662.40 124,595.13 130,825.78 137,366.31 144,234.98 Police Officer police 508 6/25/2022 35.6320 37.4136 39.2842 41.2486 43.3110 6,176.21 6,485.01 6,809.25 7,149.76 7,507.24 74,114.56 77,820.08 81,710.98 85,797.14 90,086.62 Police Officer Trainee police2 507 6/25/2022 26.2969 27.6116 28.9923 30.4422 31.9641 4,558.15 4,786.02 5,025.35 5,276.64 5,540.44 54,697.76 57,432.18 60,304.14 63,319.62 66,485.12 Police Records Supervisor midmngt 610 6/25/2022 24.2374 25.4492 26.7217 28.0578 29.4607 4,201.15 4,411.19 4,631.77 4,863.35 5,106.52 50,414.00 52,934.44 55,581.24 58,360.12 61,278.10 Police Sergeant police 511 6/25/2022 47.1481 49.5055 51.9810 54.5797 57.3088 8,172.34 8,580.93 9,010.04 9,460.49 9,933.53 98,068.10 102,971.18 108,120.48 113,525.88 119,202.46 Police Services Clerk I cpcea 601 6/25/2022 16.4939 17.3186 18.1845 19.0938 20.0484 2,858.94 3,001.89 3,151.98 3,309.60 3,475.06 34,307.26 36,023.00 37,823.76 39,715.00 41,700.62 Police Services Clerk II cpcea 602 6/25/2022 17.3180 18.1839 19.0931 20.0478 21.0502 3,001.78 3,151.87 3,309.47 3,474.96 3,648.70 36,021.18 37,822.46 39,713.70 41,699.06 43,784.26 Police Support Services Manager midmngt 512 6/25/2022 35.9806 37.7796 39.6686 41.6521 43.7347 6,236.64 6,548.46 6,875.90 7,219.69 7,580.68 74,839.70 78,581.88 82,511.00 86,636.16 90,968.28 Power Line Helper ibew 905 12/30/2017 27.7414 29.1285 30.5849 32.1141 33.7198 4,808.51 5,048.94 5,301.38 5,566.45 5,844.76 57,702.06 60,587.28 63,616.54 66,797.38 70,137.08 Power Line Technician ibew 918 12/30/2017 41.8401 43.9321 46.1289 48.4353 50.8570 7,252.29 7,614.90 7,995.67 8,395.44 8,815.21 87,027.46 91,378.82 95,948.06 100,745.32 105,782.56 Power Line Technician Apprentice ibew 909 12/30/2017 35.5716 37.3503 39.2178 41.1786 43.2376 6,165.75 6,474.04 6,797.74 7,137.63 7,494.52 73,988.98 77,688.52 81,572.92 85,651.54 89,934.26 Production Supervisor midmngt 283 6/25/2022 31.7039 33.2891 34.9535 36.7012 38.5363 5,495.34 5,770.11 6,058.61 6,361.54 6,679.62 65,944.06 69,241.38 72,703.28 76,338.60 80,155.66 Public Works & Utilities Director * executive 842 6/25/2022 90.5824 15,700.95 - - - - 188,411.42 Public Works & Utility Inspector ibew2 995 1/1/2022 31.7537 33.3414 35.0085 36.7587 38.5968 5,503.98 5,779.18 6,068.14 6,371.51 6,690.10 66,047.54 69,350.32 72,817.42 76,458.20 80,281.24 Public Works & Water/Wastewater Admin Manager midmngt 200 6/25/2022 45.9110 48.2066 50.6168 53.1477 55.9933 7,957.91 8,355.80 8,773.57 9,212.27 9,705.48 95,494.88 100,269.52 105,283.10 110,547.32 116,465.70 Public Works Director * executive 806 6/25/2022 90.5824 15,700.95 188,411.42 Public Works Engineering Superintendent midmngt 298 6/25/2022 54.2409 56.9530 59.8006 62.7906 65.9302 9,401.76 9,871.86 10,365.44 10,883.71 11,427.90 112,821.28 118,462.24 124,385.30 130,604.76 137,134.92 Public Works Equipment Operator II general 124 6/25/2022 20.9843 22.0336 23.1352 24.2920 25.5065 3,637.27 3,819.15 4,010.11 4,210.61 4,421.13 43,647.24 45,829.68 48,121.06 50,527.10 53,053.78 Public Works Superintendent midmngt 997 6/25/2022 37.4106 39.2811 41.2452 43.3074 45.4728 6,484.51 6,808.72 7,149.17 7,506.61 7,881.96 77,814.10 81,704.74 85,789.86 90,079.34 94,583.32 Public Works Supervisor midmngt 451 6/25/2022 35.2459 37.0081 38.8586 40.8015 42.8415 6,109.29 6,414.73 6,735.49 7,072.26 7,425.86 73,311.42 76,976.90 80,825.68 84,867.38 89,110.58 Purchasing and Customer Service Manager midmngt 224 6/25/2022 47.2013 49.5613 52.0395 54.6414 57.3734 8,181.55 8,590.63 9,020.18 9,471.17 9,944.71 98,178.86 103,087.66 108,242.16 113,654.32 119,336.88 Recreation Services Coordinator general 123 6/25/2022 22.4475 23.5699 24.7484 25.9859 27.2851 3,890.90 4,085.45 4,289.72 4,504.23 4,729.42 46,691.06 49,025.60 51,476.88 54,050.62 56,753.32
4.b
Packet Pg. 67
Attachment: SALARY TABLE revised 8-16-22 (3734 : Contract Amendment - City Manager) Job Title Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E ANNUALRevised
Date
FULL TIME CLASSIFICATIONS
SALARY TABLE
MONTHLYHOURLYBargaining
Unit
FY 2022-23
REVISED 8/16/2022
Pay
Grade
Recreation Services Manager midmngt 239 6/25/2022 40.4873 42.5117 44.6374 46.8692 49.2127 7,017.79 7,368.70 7,737.15 8,123.99 8,530.19 84,213.74 88,424.44 92,845.74 97,487.78 102,362.26 Senior Accountant midmngt 233 6/25/2022 33.4798 35.1537 36.9115 38.7570 40.6949 5,803.16 6,093.31 6,398.00 6,717.88 7,053.77 69,637.88 73,119.80 76,775.92 80,614.56 84,645.08 Senior Collection System Maintenance Technician ibew2 198 1/1/2022 26.7538 28.0915 29.4961 30.9710 32.5194 4,637.32 4,869.19 5,112.66 5,368.31 5,636.70 55,648.06 58,430.06 61,351.94 64,419.68 67,640.56 Senior Consumer Service Field Rep ibew 906 12/30/2017 30.8734 32.4169 34.0378 35.7396 37.5265 5,351.39 5,618.93 5,899.88 6,194.87 6,504.59 64,216.62 67,427.10 70,798.52 74,338.42 78,055.12 Senior Customer Service Rep general 122 6/25/2022 22.4475 23.5699 24.7484 25.9859 27.2851 3,890.90 4,085.45 4,289.72 4,504.23 4,729.42 46,691.06 49,025.60 51,476.88 54,050.62 56,753.32 Senior Electric Utility Inspector ibew 982 12/30/2017 40.1339 42.1405 44.2475 46.4600 48.7829 6,956.54 7,304.35 7,669.57 8,053.07 8,455.70 83,478.46 87,652.24 92,034.80 96,636.80 101,468.38 Senior Energy Services Specialist midmngt 992 6/25/2022 38.2629 40.1759 42.1847 44.2940 46.5087 6,632.23 6,963.83 7,312.02 7,677.62 8,061.52 79,586.78 83,566.08 87,744.02 92,131.52 96,738.20 Senior Human Resources Analyst cnfdtl 846 6/25/2022 43.0476 45.2000 47.4600 49.8330 52.3246 7,461.58 7,834.66 8,226.40 8,637.72 9,069.60 89,538.80 94,016.00 98,716.54 103,652.64 108,834.96 Senior Office Specialist general 120 6/25/2022 18.3209 19.2369 20.1988 21.2087 22.2691 3,175.62 3,334.40 3,501.12 3,676.18 3,859.98 38,107.42 40,012.70 42,013.40 44,114.46 46,320.04 Senior Planner midmngt 228 6/25/2022 38.5647 40.4930 42.5176 44.6435 46.8758 6,684.55 7,018.78 7,369.72 7,738.20 8,125.13 80,214.42 84,225.18 88,436.66 92,858.22 97,501.30 Senior Police Dispatcher dispatch 606 6/25/2022 26.0762 27.3800 28.7490 30.1864 31.6958 4,519.86 4,745.87 4,983.16 5,232.31 5,493.93 54,238.34 56,950.40 59,797.92 62,787.66 65,927.16 Senior Risk Management Analyst cnfdtl 847 6/25/2022 43.0476 45.2000 47.4600 49.8330 52.3246 7,461.58 7,834.66 8,226.40 8,637.72 9,069.60 89,538.80 94,016.00 98,716.54 103,652.64 108,834.96 Senior Substation Electrician ibew 978 12/30/2017 44.1973 46.4071 48.7275 51.1640 53.7221 7,660.86 8,043.90 8,446.10 8,868.43 9,311.84 91,930.28 96,526.82 101,353.20 106,421.12 111,742.02 Senior Utilities Financial Analyst midmngt 213 6/25/2022 40.9473 42.9948 45.1445 47.4017 49.7717 7,097.53 7,452.44 7,825.04 8,216.30 8,627.09 85,170.54 89,429.08 93,900.56 98,595.64 103,525.24 Senior Wastewater Treatment Plant Mechanic ibew2 12/30/2017 30.4333 31.9550 33.5526 35.2303 36.9919 5,275.10 5,538.87 5,815.78 6,106.58 6,411.93 63,301.16 66,466.40 69,789.46 73,278.92 76,943.10 Senior Wastewater Treatment Plant Operator ibew2 161 1/1/2022 34.3311 36.0477 37.8500 39.7426 41.7297 5,950.73 6,248.26 6,560.66 6,888.71 7,233.15 71,408.74 74,979.32 78,728.00 82,664.66 86,797.88 Senior Water Conservation Specialist general 993 6/25/2022 32.2127 33.8233 35.5144 37.2902 39.1546 5,583.53 5,862.71 6,155.83 6,463.64 6,786.80 67,002.00 70,352.36 73,870.16 77,563.46 81,441.62 Senior Water Distribution Operator ibew2 137 1/1/2022 31.0337 32.5854 34.2146 35.9254 37.7216 5,379.17 5,648.14 5,930.53 6,227.08 6,538.41 64,550.20 67,777.58 71,166.42 74,724.78 78,460.98 Senior Water Quality Technician ibew2 991 1/1/2022 33.4571 35.1302 36.8861 38.7309 40.6675 5,799.22 6,089.24 6,393.59 6,713.36 7,049.03 69,591.08 73,070.40 76,639.68 80,560.22 84,588.40 Senior Water Treatment Operator ibew2 137 1/1/2022 31.0337 32.5854 34.2146 35.9254 37.7216 5,379.17 5,648.14 5,930.53 6,227.08 6,538.41 64,550.20 67,777.58 71,166.42 74,724.78 78,460.98 Senior Water Utilities Operator ibew2 12/30/2017 29.9756 31.4743 33.0480 34.7005 36.4354 5,195.78 5,455.55 5,728.32 6,014.76 6,315.48 62,349.30 65,466.44 68,739.84 72,177.04 75,785.58 Service Crew Supervisor ibew 915 12/30/2017 46.0263 48.3276 50.7439 53.2811 55.9451 7,977.88 8,376.79 8,795.61 9,235.40 9,697.16 95,734.60 100,521.46 105,547.26 110,824.74 116,365.86 Storekeeper general 147 6/25/2022 18.5625 19.4906 20.4652 21.4885 22.5628 3,217.50 3,378.36 3,547.30 3,724.68 3,910.88 38,610.26 40,540.50 42,567.72 44,696.08 46,930.78 Substation Electrician ibew 977 12/30/2017 40.1775 42.1864 44.2956 46.5104 48.8359 6,964.10 7,312.31 7,677.91 8,061.80 8,464.89 83,569.20 87,747.66 92,134.90 96,741.58 101,578.62 Substation Electrician Apprentice ibew 976 12/30/2017 35.9178 37.7138 39.5994 41.5793 43.6584 6,225.74 6,537.05 6,863.89 7,207.07 7,567.45 74,708.92 78,444.60 82,366.70 86,484.84 90,809.42 Substation Operations Supervisor ibew 979 12/30/2017 48.9304 51.3769 53.9458 56.6430 59.4751 8,481.27 8,905.33 9,350.60 9,818.12 10,309.02 101,775.18 106,863.90 112,207.16 117,817.44 123,708.26 Substation Superintendent midmngt 225 6/25/2022 55.7642 58.5523 61.4800 64.5540 67.7817 9,665.80 10,149.07 10,656.53 11,189.35 11,748.84 115,989.38 121,789.20 127,878.40 134,272.32 140,986.04 Supervising Communication Dispatcher dispatch 608 6/25/2022 31.2887 32.8532 34.4958 36.2206 38.0316 5,423.38 5,694.52 5,979.26 6,278.24 6,592.15 65,080.60 68,334.24 71,751.16 75,338.90 79,105.78 Transmission/Distr. Superintendent midmngt 217 6/25/2022 55.7642 58.5523 61.4800 64.5540 67.7817 9,665.80 10,149.07 10,656.53 11,189.35 11,748.84 115,989.38 121,789.20 127,878.40 134,272.32 140,986.04 Utilities Business Systems Analyst midmngt 205 6/25/2022 35.7026 37.4878 39.3621 41.3302 43.3967 6,188.46 6,497.88 6,822.77 7,163.89 7,522.09 74,261.46 77,974.78 81,873.48 85,966.66 90,265.50 Utilities Engineer midmngt 297 6/25/2022 41.9311 44.0277 46.2290 48.5405 50.9675 7,268.06 7,631.46 8,013.03 8,413.68 8,834.37 87,216.48 91,577.46 96,156.58 100,964.24 106,012.40 Utilities Executive Assistant midmngt 998 6/25/2022 25.6480 26.9304 28.2770 29.6908 31.1753 4,445.65 4,667.94 4,901.35 5,146.40 5,403.72 53,347.84 56,015.18 58,815.90 61,756.76 64,844.52 Utilities Financial Analyst midmngt 290 6/25/2022 36.6673 38.5008 40.4258 42.4470 44.5694 6,355.66 6,673.48 7,007.14 7,357.47 7,725.37 76,268.14 80,081.56 84,085.56 88,289.76 92,704.30 Utilities Planning Manager midmngt 450 6/25/2022 51.2706 53.8341 56.5258 59.3521 62.3197 8,886.91 9,331.24 9,797.80 10,287.71 10,802.07 106,642.90 111,974.98 117,573.82 123,452.42 129,624.82 Utilities Plans Examiner midmngt 236 6/25/2022 28.2224 29.6335 31.1152 32.6709 34.3045 4,891.88 5,136.48 5,393.30 5,662.95 5,946.11 58,702.80 61,637.94 64,719.72 67,955.68 71,353.62 Utility Resource Analyst midmngt 497 6/25/2022 41.9311 44.0277 46.2291 48.5405 50.9675 7,268.06 7,631.46 8,013.05 8,413.69 8,834.37 87,216.48 91,577.46 96,156.32 100,964.24 106,012.40 Warehouse Supervisor midmngt 275 6/25/2022 24.3768 25.5957 26.8754 28.2191 29.6301 4,225.30 4,436.59 4,658.40 4,891.32 5,135.88 50,703.64 53,238.90 55,900.52 58,695.78 61,630.66 Wastewater Equip Mech-In-Training ibew2 175 1/1/2022 18.2026 19.1128 20.0686 21.0719 22.1255 3,155.12 3,312.88 3,478.56 3,652.47 3,835.09 37,861.46 39,754.78 41,742.74 43,829.50 46,021.04 Wastewater Operator-in-Training ibew2 167 1/1/2022 17.1936 18.0532 18.9558 19.9037 20.8987 2,980.22 3,129.22 3,285.68 3,449.98 3,622.44 35,762.48 37,550.50 39,428.22 41,399.80 43,469.40 Wastewater Treatment Plant Mechanic I ibew2 155 1/1/2022 23.5008 24.6758 25.9100 27.2051 28.5653 4,073.46 4,277.14 4,491.06 4,715.55 4,951.32 48,881.56 51,325.56 53,892.02 56,586.14 59,415.72 Wastewater Treatment Plant Mechanic II ibew2 159 1/1/2022 30.0073 31.5076 33.0830 34.7371 36.4739 5,201.26 5,461.32 5,734.39 6,021.09 6,322.15 62,415.34 65,535.60 68,812.64 72,252.96 75,865.66 Wastewater Treatment Plant Operator I ibew2 133 1/1/2022 25.9729 27.2714 28.6353 30.0667 31.5703 4,501.97 4,727.05 4,963.45 5,211.55 5,472.18 54,023.58 56,724.72 59,561.06 62,539.10 65,665.86 Wastewater Treatment Plant Operator II ibew2 184 1/1/2022 29.8616 31.3549 32.9223 34.5686 36.2971 5,176.01 5,434.85 5,706.54 5,991.90 6,291.49 62,111.92 65,218.14 68,478.28 71,902.48 75,498.02 Wastewater Utilities Manager midmngt 219 6/25/2022 48.3958 50.8157 53.3563 56.0243 58.8254 8,388.60 8,808.05 9,248.43 9,710.87 10,196.40 100,663.42 105,696.50 110,981.26 116,530.44 122,357.04 Wastewater Utilities Supervisor midmngt 255 6/25/2022 38.5726 40.5012 42.5263 44.6526 46.8852 6,685.92 7,020.21 7,371.22 7,739.79 8,126.77 80,230.80 84,242.34 88,454.60 92,877.46 97,521.32 Water & Wastewater Utilities Superintendent midmngt 299 6/25/2022 55.9000 58.6950 61.6298 64.7112 67.9467 9,689.33 10,173.80 10,682.49 11,216.61 11,777.43 116,272.00 122,085.60 128,189.88 134,599.40 141,329.24 Water Conservation Specialist general 189 6/25/2022 29.2061 30.6664 32.1998 33.8097 35.5002 5,062.40 5,315.51 5,581.29 5,860.36 6,153.37 60,748.74 63,786.32 66,975.48 70,324.28 73,840.26 Water Distribution Operator I ibew2 100 1/1/2022 23.1248 24.2810 25.4951 26.7697 28.1083 4,008.29 4,208.70 4,419.16 4,640.08 4,872.10 48,099.48 50,504.74 53,029.60 55,681.08 58,465.16 Water Distribution Operator II ibew2 146 1/1/2022 25.6989 26.9839 28.3331 29.7498 31.2371 4,454.47 4,677.21 4,911.07 5,156.63 5,414.42 53,453.66 56,126.20 58,933.16 61,879.48 64,973.48 Water Distribution Operator III ibew2 181 1/1/2022 29.5551 31.0327 32.5843 34.2135 35.9242 5,122.88 5,378.99 5,647.94 5,930.34 6,226.86 61,474.40 64,548.12 67,775.24 71,164.34 74,722.18 Water Equipment Operator I ibew2 12/30/2017 18.6728 19.6064 20.5866 21.6160 22.6966 3,236.61 3,398.44 3,568.35 3,746.78 3,934.08 38,839.32 40,781.26 42,820.18 44,961.28 47,208.98 Water Equipment Operator II ibew2 171 1/1/2022 21.4550 22.5275 23.6541 24.8366 26.0785 3,718.87 3,904.76 4,100.05 4,305.02 4,520.27 44,626.40 46,857.20 49,200.58 51,659.92 54,243.02 Water Quality Specialist ibew2 183 1/1/2022 29.8678 31.3612 32.9290 34.5755 36.3043 5,177.09 5,435.94 5,707.69 5,993.09 6,292.75 62,124.66 65,231.40 68,492.32 71,917.30 75,513.10 Water Quality Technician I ibew2 100 1/1/2022 23.1248 24.2810 25.4951 26.7697 28.1083 4,008.29 4,208.70 4,419.16 4,640.08 4,872.10 48,099.48 50,504.74 53,029.60 55,681.08 58,465.16 Water Quality Technician II ibew2 146 1/1/2022 25.6989 26.9839 28.3331 29.7498 31.2371 4,454.47 4,677.21 4,911.07 5,156.63 5,414.42 53,453.66 56,126.20 58,933.16 61,879.48 64,973.48 Water Treatment Operator I ibew2 100 1/1/2022 23.1248 24.2810 25.4951 26.7697 28.1083 4,008.29 4,208.70 4,419.16 4,640.08 4,872.10 48,099.48 50,504.74 53,029.60 55,681.08 58,465.16 Water Treatment Operator II ibew2 146 1/1/2022 25.6989 26.9839 28.3331 29.7498 31.2371 4,454.47 4,677.21 4,911.07 5,156.63 5,414.42 53,453.66 56,126.20 58,933.16 61,879.48 64,973.48 Water Treatment Operator III ibew2 181 1/1/2022 29.5551 31.0327 32.5843 34.2135 35.9242 5,122.88 5,378.99 5,647.94 5,930.34 6,226.86 61,474.40 64,548.12 67,775.24 71,164.34 74,722.18 Water Utilities Manager midmngt 269 6/25/2022 48.2872 50.7016 53.2367 55.8986 58.6934 8,369.77 8,788.28 9,227.69 9,689.09 10,173.51 100,437.48 105,459.38 110,732.18 116,268.88 122,082.22 Water Utilities Operator ibew2 154 1/1/2022 26.9807 28.3296 29.7462 31.2335 32.7952 4,676.65 4,910.46 5,156.00 5,413.80 5,684.51 56,119.96 58,925.36 61,872.20 64,965.68 68,213.86 Water Utilities Supervisor midmngt 254 6/25/2022 38.5711 40.4997 42.5246 44.6510 46.8835 6,685.66 7,019.94 7,370.92 7,739.51 8,126.48 80,227.94 84,239.22 88,451.48 92,874.08 97,517.68 * Executive unit members on contract with maximum allowable salary amounts listed in Step E The City of Colton salary schedule may be updated intermittently to include salary revisions contractually provisioned by Council-approved MOUs
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Packet Pg. 68
Attachment: SALARY TABLE revised 8-16-22 (3734 : Contract Amendment - City Manager)
ITEM NO. 5
STAFF REPORT
DATE: AUGUST 16, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TOM CODY, HUMAN RESOURCES DIRECTOR
SUBJECT: APPROVE CONTRACT FOR WORKERS COMPENSATION THIRD
PARTY ADMINISTRATOR (TPA) SERVICES TO ADMINSURE FOR
PRE-7/1/22 CLAIMS.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve a Third Party Administrative (TPA) agreement with AdminSure to provide Workers’ Compensation claims management services for all City pre-July 1, 2022 open claims for an initial three year period, from September 1, 2022 through June 30, 2025 for an amount not to exceed $95,000 annually.
2. Authorize the City Manager to execute the contract documents.
BACKGROUND
On July 1, 2022, the City joined the thirty (30) member public agency PERMA (Public Entity Risk Management Authority) Insurance Pool. Accompanying this structural change is a needed hybrid change to claims processing for the General Liability (GL), Law Enforcement Liability and Workers Compensation (WC) programs. Previously the City directly hired Third Party Administrators to manage claims processing within these programs. Starting July 1, 2022 the City’s total PERMA pool contribution to participate in their General Liability and Workers Compensation program also pays for TPA services for all new liability and WC claims post -July 1, 2022. However, this does not include managing pre-July 1, 2022 claims. This is typical ly called the Liability and WC “tails” and the City needs to hire TPA’s to manage these tail claims. Eventually the need for these TPA’s to handle tail claims will be removed as cases eventually close.
5 Packet Pg. 69
Staff Report to the Mayor and City Council
Contract Award - Workers Compensation TPA Services
August 16, 2022
ISSUES/ANALYSIS
As of July 1, 2022, the PERMA Insurance Pool will manage all future claims. T here will be no additional cost for TPA services. However, the City needs to manage their pre -July 1, 2022 Workers Compensation and Liability claims that are commonly referred to as the “tail claims .” These TPA contracts will continue until all open claims are closed or until the City decides to change direction in these services.
Hazelrigg Claims Management Services, a TRISTAR Company; the City’s current Liability TPA will continue to manage the pre -7/2022 G eneral Liability (GL) claims. Since there is a f inite number of open claims that will diminish as cases close, the proposed contract set up was negotiated as follows:
Last fiscal year, 2021/2022, pricing was a fee of $49,380.
TRISTAR’s pricing for the period of 9/1/22-8/31/23 would be as follows:
9/1/22 – 1/30/23 = $24,690 (1/2 of the current annual fee of $49,380). Billed monthly 2/1/23 – 8/31/23 = $12,345 (1/2 reduction in the current 6 month fee of $24,690). Billed monthly
This results in a total 2022/2023 cost of $37,035 for the General Liability “tail” claims. Since the amount is below $50,000 , the City Manager ’s authority is all that is needed to approve this contract.
However, Workers’ Compensation claims handling is more labor extensive. The PERMA Pool Workers’ Compensation TPA, AdminSure, wi ll manage the City’s Workers compensation “tail” claims in addition to new claims moving forward . This will provide a clean transfer of all historic claim and loss data to Adminsure and assure all employees are speaking with the same TPA team. The followi ng information and terms have been negotiated with AdminSure , and their services will commence 9/1/2022.
There is a one -time $10k data conversion fee to convert over 40 years of Workers’ Compensation claim data from City’s previous TPA, Hazelrigg Claims M anagement Services, a TRISTAR Company, to AdminSure.
For services beginning September 1, 2022 through June 30, 2023, City shall pay the AdminSure $132 per pre -July 1, 2022 open Indemnity claims per month, and $66 per open Future Medical claim, or Medical -Only claim, per month (First year estimate is approximately $88,000 with a not-to-exceed contractual amount of $95k cap).
The current number of open claims as of 6/30/22 was 75 open claims. Note: Future Medical Claims and Medical-Only Claims are ½ value in claim count and cost.
Therefore, NET caseload as of 6/30/22 was 65.
5 Packet Pg. 70
Staff Report to the Mayor and City Council
Contract Award - Workers Compensation TPA Services
August 16, 2022
There were approximately 60 closures over the last 12 months (avg. 5 per month).
Although it should be noted, WC cases sometimes take years to close.
In Summary, AdminSure is proje cted to handle approximately 75 open claims (65 NET claims) in 2022-2023 and based on the data, absent claims reopening, the City’s monthly cost should go down each month.
Staff is recommending that the City Council award a contract agreement to AdminSure for Workers Compensation Third Party Administrative services.
FISCAL IMPACT
In the approved 2022 -2023 Human Resources Budget, $117,100 was budgeted for Workers ’ Compensation TPA services and $50,400 for General and Law Enforcement Liability TPA services. This is a total of $167,500 budgeted for TPA services.
The projected cost for the AdminSure managing the Workers Compensation tail is approximately $88,000 annually and has a contractual cap of no more than $95,000 annually. This cost will diminish as WC cases are closed. The projected cost for TriStar to manage the General Liability and Law Enforcement tail is $37,035 that is approximately half of their cost previously. This amount will be negotiated annually based on open pre -7/1/22 GL cases, which wil l reduce each year. Total 2022 -2023 projected cost for these services are approximately $132,035 plus a one - time $10,000 data conversion fee for a total of $142,035.
Sufficient appropriations are included in the FY2022 -2023 budget for the first year of th e contract in the General Fund Risk Management Services Fund for Professional Services Account Number 607-6040-8601-2350 for TPA Workers Compensation and Liability Services.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Professional Services Agreement AdminSure W-C
5 Packet Pg. 71
(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-1
CITY OF COLTON
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 16th day of August, 2022, by and between the City of Colton, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 650 North La Cadena Drive, Colton, California 92324 ("City") and AdminSure Inc., a CORPORATION, with its principal place of business at 3380 Shelby Street, Ontario, Ca. 91764 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provis ion of certain professional consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Third Party Administrator for Workers’ Compensation Claims prior to July 1, 2022 services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional Third Party Administrator for Workers’ Compensation Claims prior to July 1, 2022 project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incident al and customary work necessary to fully and adequately supply the professional Third Party Administrator for Workers’ Compensation Claims prior to July 1, 2022 consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from September 1, 2022 to June 30, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than three (3) additional year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates . The
5.a
Packet Pg. 72
Attachment: Professional Services Agreement AdminSure W-C (3743 : Contract Award - Workers Compensation TPA Services) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-2
Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direc tion and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Servi ces in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements . All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel . Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from t he Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Alithia Vargas-Flores, President.
3.2.5 City's Representative . The City hereby designates Tom Cody, Human Resources & Risk Management D irector, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative . Consultant hereby designates Alithia Vargas-Flores, President, or his/her designee, to act as its representative for the performance of
5.a
Packet Pg. 73
Attachment: Professional Services Agreement AdminSure W-C (3743 : Contract Award - Workers Compensation TPA Services) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-3
this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement.
The Consultant's Representative shall supervise and direct the Services, using his/her best sk ill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all li censes, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification prov isions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re -employed to perform any of the Services or to work on the Project.
3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).
Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performanc e Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.2.10 Laws and Regulations ; Employee/Labor Certification . Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability aris ing out of any failure or alleged failure to comply with such laws, rules or regulations.
5.a
Packet Pg. 74
Attachment: Professional Services Agreement AdminSure W-C (3743 : Contract Award - Workers Compensation TPA Services) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-4
3.2.10.1 Employment Eligibility; Consultant . By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination an d retention of documentation confirming the identity and immigration status of each employee of the Consultant.
Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of exec ution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.
3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub - subcontractors and Subconsultants . To t he same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub - subcontractors or subconsultants to meet any of the requirements provided for in S ections
3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section
3.2.10.2); or (3) failure to immediately remove from the Pr oject any person found not to be in compliance with such requirements.
3.2.10.4 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.2.10.5 Air Qua lity. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment ", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel -
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powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for vi olations of applicable laws, rules and/or regulations by Consultant, its sub-consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Insurance.
Time for Compliance . Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this Section.
3.2.11.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants.
Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance . Coverage shall be at le ast as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability :
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance . Consultant shall maintain limits no less than: (1) General Liability $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; and (2 ) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the
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Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits. (C) Notices; Ca ncellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance i t deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement.
3.2.11.3 Professional Liability . C onsultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. Defense costs shall be paid in addition to the limits.
3.2.11.4 Insurance Endorsements . The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured w ith respect to the Services or ongoing and completed operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self -insurance shall be called upon to prot ect it as a named insured. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in an y way. Notwithstanding the minimum limits set forth in Section
3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(A).
(B) Automobile Liability . The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers,
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employees, agents, and volunteers shall be covered as additional ins ureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as r espects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.
Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B). (C) Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages . Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.
3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.
All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Con sultant hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.2.11.6 Deductibles and Self -Insurance Retentions . Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims, a nd administrative and defense expenses.
3.2.11.7 Subconsultant Insurance Requirements. Consultant shall not allow any subconsultants to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Consultant, the City may approve
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different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.
3.2.11.8 Acceptability of Insurers . Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.
3.2.11.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.2.11.10 Reporting of Claims. Consultant shall report to t he City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.2.12 Water Quality Management and Compliance.
3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.
3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance o f the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
3.2.12.3 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations an d policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
3.2.12.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, a nd ordinances listed in Section 3.2.12.2 of this Agreement is a violation of federal and state law.
Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify
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and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances list ed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Ninety Five Thousand Dollars ($95,000.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation . Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, thro ugh the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work . At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which th e Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Rate Increases. In the event that this Agreemen t is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”
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3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public wor ks" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully compl y with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Con sultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection . Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years
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from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination . If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: AdminSure, Inc.
3380 Shelby Street
Ontario, CA. 91764
ATTN: Alithia Vargas-Flores, President
City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
ATTN: Tom Cody, Human Resources & Risk Mgmt. Dir.
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.3 Ownership of Materials and Confidentiality.
3.6.3.1 Documents & Data; Licensin g of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
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prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.6.3.3 Right to Use . City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended b y this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such
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materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. C onsultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by t he California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.6.4 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.6.5 Indemnification.
3.6.5.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.6.5.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the ext ent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consult ant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
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3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.6.7 Governing Law; Government Code Claim Compliance . This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.
In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and an y subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no suc h Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.9 City's Right to Employ Other Consultants . City reserves right to employ other consultants in connection with this Project.
3.6.10 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.
3.6.11 Assignment or Transfer . Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be de emed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
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Attachment: Professional Services Agreement AdminSure W-C (3743 : Contract Award - Workers Compensation TPA Services) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-15
3.6.15 No Third -Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in th e performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.18 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.19 Counterparts. This A greement may be signed in counterparts, each of which shall constitute an original.
3.7 Subcontracting.
3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without pr ior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON NEXT PAGE]
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Attachment: Professional Services Agreement AdminSure W-C (3743 : Contract Award - Workers Compensation TPA Services) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-16
SIGNATURE PAGE TO
PROFESSIONAL SERVICES AGREEMENT BY AND
BETWEEN THE CITY OF COLTON AND ADMINSURE, INC.
CITY OF COLTON ADMINSURE, INC.
By: ____________________________ By: _________________________ Frank J. Navarro Alithia Vargas-Flores
Mayor President
Attest:
____
Carolina R. Padilla
City Clerk
Approved as to Form:
______________________________
Best Best & Krieger LLP
City Attorney
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Attachment: Professional Services Agreement AdminSure W-C (3743 : Contract Award - Workers Compensation TPA Services) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-17
EXHIBIT "A"
SCOPE OF SERVICES
PERIODIC MEETINGS: The Administrator shall meet with City and staff periodically to:
A. Assist in developing internal procedures.
B. Provide orientation and training to personnel involved in the administration of the Program.
C. Discuss specific claims and general trends in the Program.
ADVISORY SERVICES: The Administrator shall provide City information regarding the adoption, amendment or repeal of all statutes, rules and regulation, which directly affect the Program.
REQUIRED FORMS: The Administrator shall provide City with all forms required by the State in connection with the Program.
COMPLIANCE WITH LAW: The Administrator shall administer the Program in full compliance with all laws, rules and regulations governing Workers' Compensation and Self-Insurance.
CLAIMS ADMINISTRATION: The Administrator shall comply with all perfo rmance standards of City’s excess insurer. The Administrator shall also have the authority and responsibility to provide claims administration services, which include but are not limited to:
A. Establishing an electronic claim file and computer database record upon receipt of an injury report.
B. Setting and updating reserves.
C. Initiating and maintaining contact with injured workers or their attorneys.
D. Arranging for investigation.
E. Determining compensability.
F. Preparing and issuing benefit notices and pamphlets, if applicable.
G. Arranging for medical treatment and medical services from clinics, facilities, pharmacies, hospitals, specialists, and other vendors, as necessary.
H. Performing all bill review service s and utilization review services through MedReview, Inc.: communicating decisions to approve, modify, or deny medical treatment in accordance with State law.
I. Monitoring disability status by reviewing medical reports and calling doctors for updates.
J. Auditing and reviewing all medical bills through MedReview, Inc. and paying all properly adjusted medical bills in a timely and accurate manner.
K. Paying mileage or medical reimbursements to injured workers.
L. Paying temporary disability compensation when appropriate to do so or advising City of the need to adjust payroll records when salary continuation is applicable.
M. Arranging medical exams in conformance with State law to determine whether an injured worker's medical condition is p ermanent and stationary and what, if any, permanent disability exists.
N. Paying permanent disability compensation in accordance with the law.
O. Arranging for attorney representation of City whenever the need arises, selecting attorneys pre-approved by City.
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Attachment: Professional Services Agreement AdminSure W-C (3743 : Contract Award - Workers Compensation TPA Services) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-18
P. Monitoring attorneys and assisting them in preparing cases.
Q. Auditing and paying legal expenses.
R. Arranging for vocational rehabilitation services when appropriate, monitoring vocational rehabilitation consultants and assisting them as necessary.
S. Auditing and paying vocational rehabilitation expenses.
T. Attending all hearings that are required by law.
U. Preparing and issuing Vocational Rehabilitation/Supplemental Job Displacement Benefits (SJDB) notices.
V. Preparing and issuing permanent disability compensation notices.
W. Pursuing subrogation when there is a viable third party.
X. Notifying City’s excess insurers of all claims, which exceed or may exceed the self- insurance retention, maintaining a liaison among City and their excess insurers on matters affecting the handling of such claims and arranging for reimbursement to City of losses in excess of its self-insurance retention.
Y. Obtaining settlement authority and negotiating settlement on appropriate claims.
Z. Closing claim files when appropriate to do so.
OBLIGATIONS OF CITY: City shall:
A. Submit all reports of work injury to the Administrator within one business day of City’s knowledge of the injury.
B. Respond to the Administrator’s requests for information and authority within five days of such requests.
C. Provide information that is accurate and is in a form specified by the Administrator.
D. Grant settlement authority to the Administrator in advance of WCAB, Rehabilitation, and legal hearings, or be available by phone or in person during same.
CHECKING ACCOUNT: City and the Administrator agree that:
A. City shall establish and maintain a checking account from which all workers' compensation benefits and expenses are to be paid.
B. The Administrator shall prepare checks and issue those checks directly to payees without delay.
C. The Administrator shall sign checks with a facsimile signature or manually.
D. The Administrator shall secure checks in a locked area accessible to a limited number of personnel.
E. City shall maintain an adequate balance in their checking account to meet all workers' compensation obligations without delay.
F. The checking account may be used to pay penalties in which case the Administrator shall reimburse City within fifteen (15) working days for any amount of the penalty which the Administrator caused.
ELECTRONIC DATA PROCESSING: The Administrator shall provide City with electronic data processing services that wi ll allow for the production of loss experience and transaction reports within ten (10) days following the close of each calendar month. The Administrator shall provide City with electronic media containing the data.
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Attachment: Professional Services Agreement AdminSure W-C (3743 : Contract Award - Workers Compensation TPA Services) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-19
ELECTRONIC DATA SECURITY AND RECOVERY: The Administrator agrees to develop and implement processes and procedures relating to the protection of electronic data, including a suitable security and back-up system for all stored data and written policy with respect to disaster recovery, physical and electronic data security, and electronic data retention.
REGULATORY REPORTING: The Administrator shall prepare all reports required by State regulatory agencies in connection with the Program, including the Self -Insurer's Annual Report required by the Department of Self-Insurance Plans.
RECORDS: The Administrator shall establish and maintain claim files, claim logs, transaction documents and all other records associated with the Program. These records shall be the property of City. Unless this Ag reement is canceled, closed files shall be stored by the Administrator for five (5) years and shall thereafter become the responsibility of City. Upon cancellation of this Agreement, City shall be responsible for maintaining and storing all records. The Administrator shall not dispose of or destroy these records without the prior, written authorization of City.
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Attachment: Professional Services Agreement AdminSure W-C (3743 : Contract Award - Workers Compensation TPA Services) (BB&K 2018)
23152.06000\30453088.2 Exhibit “B”-1
EXHIBIT "B"
SCHEDULE OF SERVICES
Services to be completed over a three year period, from September 1, 2022 through June 30, 2025, with an option to extend an additional three years by mutual agreement.
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Attachment: Professional Services Agreement AdminSure W-C (3743 : Contract Award - Workers Compensation TPA Services) (BB&K 2018)
23152.06000\30453088.2 Exhibit “C”-1
EXHIBIT "C"
COMPENSATION
For services beginning September 1, 2022 through June 30, 202 5 of this Agreement: City shall pay the Administrator $132 per open Indemnity claim per month, and $66 per open Future Medical claim, or Medical -Only claim, per month (no t to exceed $87k). Each fiscal year thereafter will increase by 3% each year (not to exceed $95k). City shall pay the Administrator a one -time, at- cost $10k data conversion fee to convert over 40 years of Workers’ Compensation claim data from Hazelrigg Cla ims Management Services, a TRISTAR Company, City’s previous Third Party Administrator, to Administrator. Administrator shall not pay any of these fees from City’s Trust Account. Administrator shall invoice City on a monthly basis.
The Administrator shall audit all medical bills through MedReview, Inc. Bill review fees are 14% of the OMFS (Official Medical Fee Schedule) Savings ($15k cap)/IHFS (Inpatient Hospital Fee Schedule) Savings, and when applicable: 24% of the PPO’s (Preferred Provider Organizations ) Savings and at -cost .60 cents for OCR/E -Bill processing. The Administrator shall perform all utilization review services through MedReview, Inc. Utilization review fees are incorporated into medical bill review invoices at the rate of 5% of billed charge s. The maximum utilization review fee charged per medi cal bill is capped at $750.00. Utilization review by a physician is billed separately at $200.00 per hour.
Should City request, the Administrator shall utilize a Medical Provider Network (MPN).
Administration costs charged by a MPN shall be passed through Administrator to City with no additional fees added.
ALLOCATED EXPENSES: City shall pay for field investigation, defense attorneys, legal costs, remote photocopy, engineering experts, accident recons truction experts, process servers, messenger service, court reporters, vocational rehabilitation consultants, structured settlement consultants, translators, and any other vendor necessary to administer claim files.
PENALTIES: The Administrator shall be r esponsible for paying or appealing penalties that are caused by the Administrator. The Administrator shall not be responsible for penalties that are caused by City or any third parties.
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Attachment: Professional Services Agreement AdminSure W-C (3743 : Contract Award - Workers Compensation TPA Services)
ITEM NO. 6
STAFF REPORT
DATE: AUGUST 16, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: MARK TOMICH, DIRECTOR
SUBJECT: APPROVE CONTRACT FOR ENVIRONMENTAL SERVICES WITH
CASC ENGINEERING CONSULTANTS AND REIMBURSEMENT
AGREEMENT WITH APPLICANT FOR REZONE/GENERAL PLAN
AMENDMENT APPLICATION.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Authorize the City Manager to execute the attached Professional Services Agreem ent (PSA) with CASC Engineering Consultants for $135,701 to provide environmental services on behalf of the Rancho Avenue Rezone and General Plan Amendment (DAP -001-756 - Janet Jones and Debbie Hanna, applicants) project, as per the terms of the PSA, inclu ding exhibits attached thereto.
2. Approve Reimbursement Agreement with Janet Jones and Debbie Hanna to fund environmental consulting and associated legal services as needed, for processing entitlements for DAP-001-756.
BACKGROUND
On April 21, 2022, the City received an application for a General Plan Amendment from “High Density Residential” to “Light Industrial” and Change of Zone from R-3/R-4 to M-1 ( Light Industrial) zone on a 4.94-acre parcel located at 700 S. Rancho Avenue (DAP-001-756) (APNs:
0163-182-01 and 0163-182-02).
As the lead agency for carrying out and approving the proposed project, the City of Colton is responsible for causing the environmental document to be prepared (CEQA Guidelines, Section 15367). Because the City is the public a gency having jurisdiction by law over the project, the 6 Packet Pg. 93
Staff Report to the Mayor and City Council
Contract Award & Reimbursement Agreement - CASC
August 16, 2022
environmental document becomes the City’s document to comply with CEQA. Staff, the environmental consultant, and the applicant have agreed to the scope of this proposal.
ISSUES/ANALYSIS
Staff is reco mmending that one of the City’s pre -qualified environmental consultants, CASC Engineering Consultants, be selected to continue preparation of the Initial Study. All technical analyses associated with the Initial Study will be prepared directly by the consu ltant and subconsultants (Traffic/VMT). The consultant’s services will be overseen directly by staff to ensure that content, quality, and timeframe commitments are met.
Staff is also requesting approval of a corresponding Reimbursement Agreement with the applicant to ensure applicant funding of all consultant services, including legal and staff services associated with the project.
The total cost for the environmental services to prepare the Initial Study is $ 156,056.15 ($135,701.00, plus a 15% administra tive fee of $ 20,355.15). Pursuant to the attached reimbursement agreement, the applicant is required to submit the funding required prior to initiation of the contract for services.
FISCAL IMPACTS
The applicant s, Janet Jones and Debbie Hanna , will pay the full amount of the $156,056.15 ($135,701 cost of consultant services, plus an additional administrative fee of 15% or $20,355.15). As the application consists of legislative amendments (General Plan Amendment and Zone Change), all staff time spent on processing the applications will be charged “at cost” to the applicant. Revenue to fund the contract will be deposited in General Fund Revenue Account Number 100-6799-000. Sufficient appropriations are available in the adopted FY2022-23 budget for the c ontract expenditures in General Fund Planning Professional Services Account Number 100-6300-6301-2357-0000-000.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Attachment 1_Draft_CASC_DAP-001-756_700 S. Rancho Ave
2. Attachment 2_REIMBURSEMENT AGREEMENT_DAP-001-756
6 Packet Pg. 94
(BB&K 2018)
23152.06000\30453088.2 Exhibit “C”-1
CITY OF COLTON
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 16th day of August, 2022, by and between the City of Colton, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 650 North La Cadena Drive, Colton, California 92324 ("City") and CASC Engineering and Consulting, with its principal place of business a t 1470 E. Cooley Drive ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Environmental Document Preparation services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional environmental consulting services for the General Plan Amendment/Zone Change for 700 S. Rancho Avenue (“Project”) (DAP-001-756), Janet Jones and Debbie Hanna, applicants, as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional environmental consulting services necessary for the Proje ct ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from August 16, 2022 to August 16, 2023, unless earlier terminated as provided herein. The City shall have th e unilateral option, at its sole discretion, to renew this Agreement automatically for no more than six months/ Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or un der its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant
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Attachment: Attachment 1_Draft_CASC_DAP-001-756_700 S. Rancho Ave (3744 : Contract Award & Reimbursement Agreement - CASC) on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be u nder Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Kari Cano, Project Manager.
3.2.5 City's Representative. The City hereby designates Mark Tomich, Development Services Director , or his/her designee, to act as it s representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative . Consultant hereby designates Kari Cano , Project Manager, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
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Attachment: Attachment 1_Draft_CASC_DAP-001-756_700 S. Rancho Ave (3744 : Contract Award & Reimbursement Agreement - CASC)
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees . Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services.
Consultant warrants that all empl oyees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nat ure that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Consultant . By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal la w respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorizatio n program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department
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Attachment: Attachment 1_Draft_CASC_DAP-001-756_700 S. Rancho Ave (3744 : Contract Award & Reimbursement Agreement - CASC) of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections.
3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub - subcontractors and Subconsultants . To the sa me extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub -subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and c omply with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause:
(1) failure of Consultant or its subcontractors, consultants, sub -subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
3.2.10.4 Equal Opportunity Employment . Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment adverti sing, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.2.10.5 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", wh ich definition is considered by SCAQMD and CARB to include any item of equipment with a fuel -powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its sub-consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions fo r the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equi pment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent
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Attachment: Attachment 1_Draft_CASC_DAP-001-756_700 S. Rancho Ave (3744 : Contract Award & Reimbursement Agreement - CASC) accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Insurance.
Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this Section.
3.2.11.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants. Consultant s hall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability : Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability : Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusi on contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another.
(B) Minimum Limits of Insurance . Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.
Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such in surance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay pr emium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement.
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Attachment: Attachment 1_Draft_CASC_DAP-001-756_700 S. Rancho Ave (3744 : Contract Award & Reimbursement Agreement - CASC)
3.2.11.3 Professional Liability. Consultant shall procure and maintain, and require its sub -consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability.
Defense costs shall be paid in addition to the limits.
3.2.11.4 Insurance Endorsements . The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and completed operations performed by or on behalf of the Consultant, including materials, parts or equipment fur nished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the ben efit of the City, before the City’s own primary insurance or self -insurance shall be called upon to protect it as a named insured.
Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(A). (B) Automobile Liability . The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.
Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B). (C) Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided , reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City,
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Attachment: Attachment 1_Draft_CASC_DAP-001-756_700 S. Rancho Ave (3744 : Contract Award & Reimbursement Agreement - CASC) its directors, officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.
3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation .
All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and vo lunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.2.11.6 Deductibles and Self -Insurance Retentions . Any deductibles or self - insured retentions must be declared to and approved by the City. Con sultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
3.2.11.7 Subconsultant Insurance Requirements. Consultant shall not allow any subconsultants to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Consultant, the City may approve different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.
3.2.11.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.
3.2.11.9 Verification of Coverage . Consultant shall furnish Cit y with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.2.11.10 Reporting of Claims . Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached
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Attachment: Attachment 1_Draft_CASC_DAP-001-756_700 S. Rancho Ave (3744 : Contract Award & Reimbursement Agreement - CASC) hereto and incorporated herein by reference. The total compensation shall not exceed one hundred and thirty five thousand and Seven Hundred and one dollars ($135,701.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation . Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoi ce and pay all non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses . Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consult ant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section
3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Con sultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, in stallation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered w ith the Department of Industrial Relations (“DIR”). Consultant shall
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Attachment: Attachment 1_Draft_CASC_DAP-001-756_700 S. Rancho Ave (3744 : Contract Award & Reimbursement Agreement - CASC) maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations ag ainst Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City.
Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against l iability for Worker's Compensation or to undertake self -insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection . Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and withou t cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination . If this Agreement is terminated as provided herein, City may r equire Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services . In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties
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Attachment: Attachment 1_Draft_CASC_DAP-001-756_700 S. Rancho Ave (3744 : Contract Award & Reimbursement Agreement - CASC) may provide in writing for this purpose:
Consultant: CASC Engineering and Consulting
1470 Cooley Drive
Colton, CA 92324
Attn: Frank Coyle, Director of Planning
City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
ATTN: Mark Tomich, Development Services Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address.
Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.3 Ownership of Materials and Confidentiality.
3.6.3.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The rep roduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Cons ultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a pro ject other than
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Attachment: Attachment 1_Draft_CASC_DAP-001-756_700 S. Rancho Ave (3744 : Contract Award & Reimbursement Agreement - CASC) this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for a ny revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultan t. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services.
Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.6.3.6 Confidential Information . The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost o r expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.6.5 Indemnification.
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3.6.5.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.6.5.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and on ly to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct o f the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.6.7 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City.
Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.6.8 Time of Essence . Time is of the essence for each and every provision of this Agreement.
3.6.9 City's Right to Employ Other Consultants . City reserves right to employ other consultants in connection with this Project.
3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.6.11 Assignment or Transfer . Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any att empt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.6.12 Construction; References; Captions . Since the Parties or their agent s have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed
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Attachment: Attachment 1_Draft_CASC_DAP-001-756_700 S. Rancho Ave (3744 : Contract Award & Reimbursement Agreement - CASC) simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance s hall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.6.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.16 Invalidity; Severability . If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing O fficer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City , during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.18 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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Attachment: Attachment 1_Draft_CASC_DAP-001-756_700 S. Rancho Ave (3744 : Contract Award & Reimbursement Agreement - CASC)
3.7 Subcontracting.
3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON NEXT PAGE]
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Attachment: Attachment 1_Draft_CASC_DAP-001-756_700 S. Rancho Ave (3744 : Contract Award & Reimbursement Agreement - CASC)
SIGNATURE PAGE TO
PROFESSIONAL SERVICES AGREEMENT BY AND
BETWEEN THE CITY OF COLTON AND CASC
ENGINEERING AND CONSULTING
CITY OF COLTON CASC ENGINEERING AND CONSULTING
By: ____________________________ By:
Wiliam R. Smith CASC Engineering and Consulting
City Manager
Attest:
____ By: _________________________
City Clerk Carolina R. Padilla
City Clerk
Approved as to Form:
______________________________
Best Best & Krieger LLP
City Attorney
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Attachment: Attachment 1_Draft_CASC_DAP-001-756_700 S. Rancho Ave (3744 : Contract Award & Reimbursement Agreement - CASC)
EXHIBIT "A"
SCOPE OF SERVICES
PROJECT UNDERSTANDING
CASC is pleased to provide the City of Colton (“City”) with the enclosed proposal to prepare an Initial Study and associated technical studies for a General Plan Amendment and Change of Zone from R - 3/R-4 (High Density Residential) to M-1 (Light Industrial) located at 700 S. Rancho Avenue, Colton, CA, County of San Bernardino (“Project”). The Project is identified as APN’s 0163-182-01 and 0163- 182-02. The City is potentially looking at a 100,728 sq. ft. industrial building with 222,101 of parking and driveway access on the subject site. Thus, the IS/MND will assume this total square footage in the analysis. Once a formal application for the industrial building is submitted, the City will review the application to determine the most appropriate CEQA document at that time of submittal. Services performed for this Project will be under the City’s 2022-2024 Pre-Qualified Environmental Services List.
The Project site is identified on the City’s 2013 -2021 Housing Element Appendix D – Vacant Sites Inventory. The site area was previously proposed to accommodate up to 98 lower income, high density housing units.
SCOPE OF WORK
CASC anticipates the Project to begin with the Notice to Proceed (NTP) in early May 2022, followed by the Kick -Off Meeting in mid -May 2022. CASC has prepared an accelerated schedule which proposes the completion of the Response to Comments on the Initial Study by early September 2022 with the Project p roceeding to Planning Commission in October followed by City Council early November 2022.
To initiate the Project, CASC’s Director of Planning, Frank Coyle, and assigned Associate Planner, will coordinate and attend one (1) Project Kick -Off Meeting over a video conference call with City Staff and the Applicant’s Project team to discuss the proposed Project. This Kick -Off Meeting is anticipated to occur by mid-May 2022. The Project Kick-Off Meeting will allow CASC to discuss the Preliminary Project Descript ion, Scope of Work, Timeline and Budget. Additionally, CASC, City Staff, and the Applicant’s Project Team will identify team responsibilities, communication protocol, important milestones, and quality control procedures for the Project in detail. CASC will prepare and bring a Project Timeline indicating the approximate timeframe for the preparation of the IS/ND or MND and MMRP.
Deliverables:
Project Kick-Off Meeting.
Scope of Work, Preliminary Project Description, and Project Schedule.
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Attachment: Attachment 1_Draft_CASC_DAP-001-756_700 S. Rancho Ave (3744 : Contract Award & Reimbursement Agreement - CASC)
CASC proposes to prepare a Project Description which will comply with CEQA Guidelines, articulate the proposed development activity, and convey pertinent information based on the Project Kick -Off Meeting and the communication follow-up with City Staff. Once the Project Des cription is prepared and agreed upon by all entities, CASC will conduct a preliminary environmental compliance review to determine the appropriate level of environmental review to comply with the California Environmental Quality Act (“CEQA”). The Project Schedule will be updated to accommodate for findings, recommendations, and the expected arrival of any requested materials from the City and the Applicant.
Deliverables:
Project Description.
Note: Any revisions to the Project Description after initiation of the IS/ND or MND and MMRP, Applicant prepared technical studies, and/or preparation of technical studies, may require an addendum to the Scope of Services prior to start of the additional work.
CASC and our Subconsultant team proposes to prepare the following technical studies:
Air Quality (AQ) – Urban Crossroads
Health Risk Assessment (HRA) – Urban Crossroads
Greenhouse Gas Emissions (GHG) – Urban Crossroads
Energy Analysis (EA) – Urban Crossroads
Noise & Vibration (NIA) – Urban Crossroads
General Biological Resources Assessment – CASC
Burrowing Owl Survey Report – Optional* - CASC
Cultural Resources Study – DUKE CRM
Paleontological Resources Study – DUKE CRM
Trip Generation LOS/VMT Screening Analysis – Urban Crossroads Aesthetics Analysis – CASC
Phase I Environmental Site Assessment (ESA) – Optional* - Leighton
Once studies have been prepared, CASC will incorporate the studies into the Initial Study. CASC assumes Geology/Soils, Drainage, Hydrology, and Water Quality Management Plan will be prepared by the Applicant’s Civil Engineer and is not needed at this time.
Note: If other studies not listed above are requested by the City, they will be prepared under separate authorization.
3.1 Air Quality Impact Analysis – Urban Crossroads
Urban Crossroads will prepare an Air Quality Impact Analysis that will evaluate the existing conditions of the project study area; this will include gathering background air quality data, local wind patterns in the study area and identifying applicable rules, plans and thresholds of significance. Identify construction-related air quality impacts from associated construction activities at the project site which may include demolition, import/export of fill dirt, mass grading, building construction, paving, concrete pouring, etc. Evaluate operational emissions for the proposed project, based upon trip
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Attachment: Attachment 1_Draft_CASC_DAP-001-756_700 S. Rancho Ave (3744 : Contract Award & Reimbursement Agreement - CASC) generation projections provided as part of the traffic study. In addition, emissions from other operational sources such as heaters, air conditioners, water heaters, consumer products, cargo handling equipment (CHE), and lawn care equipment will also be considered. A screening -level carbon monoxide (CO) Hotspot analysis of future conditions at key intersections located in the project study area will be prepared. It is anticipated that a qualitative discussion on CO Hotspot potential and rationale as to why more detailed modeling of CO Hotspot analysis is not required. Perform Construction Localized Significance Threshold (LST) analysis as recommended by the South Coast Air Quality Management District (SCAQMD) for construction and operational activity. Evaluate potential odor impacts resulting from the proposed project. Identify applicable mitigation measures and regulatory requirements that the project must comply with to minimize odors. For purposes of this evaluation a qualitative assessment of odors and odor controls is expected. Qualitatively discuss cumulative impacts within the context of planned and foreseeable projects for short-term construction and long -term operational activity. A “list” approach per CEQA will be utilized when discussing cumulative impacts using the list of cumulative projects identified in the traffic report. Since the basin is in non-attainment the determination of significance will likely be based on whether or not the Project results in a substantial incremental increase. Identify and recommended mitigation measures that are feasible to implement and that will reduce any potential impacts to the maximum extent possible.
Prepare an air quality report that incorporates the findings and all supporting calculations. Revise the air quality study report based on comments provided by the Client and Lead agency for up to 1 review cycle. Assist the CEQA preparer with preparation of response to comments on the draft CEQA document.
3.2 Health Risk Assessment – Urban Crossroads
Urban Crossroads will prepare a Health Risk Assessment. In light of recent California Air Resources Board (CARB) comment letters on other warehouse/industrial project CEQA Notice of Preparations (NOPs), the following task is recommended to address CARB’s request for preparation of construction- level health risk assessment. Construction of the proposed project is expected to utilize heavy duty construction equipment the primary Toxic Air Contaminant (TAC) that will be generated is diesel particulate matter (DPM). Accordingly, a health risk assessment will be prepared. It is anticipated that the AERMOD modeling program will be utilized. The construction health risk assessment will evaluate the potential health risks from on-site construction activity. Since the proposed project is expected to attract heavy-duty diesel trucking the primary TAC that will be generated is DPM associated with warehousing operations. An operational HRA is proposed to be prepared for the project. The construction and operational health risk assessment include source characterization, identifying contaminant release characteristics, estimation of ambient air concentrations, and risk calculation. It is anticipated that the United States Environmental Protection Agency’s (US EPA’s), Air Dispersion Model (AERMOD) will be utilized for modeling purposes along with sequentially processed meteorological data to represent local weather conditions. Prepare a HRA report documenting the results of the study. The report will summarize the results of the previous work tasks and define appropriate and feasible mitigation packages to address any significant impacts. Revise the HRA report based on comments provided by the Client and Lead agency for up to 1 review cycle. Assist the CEQA preparer with preparation of response to comments on the draft CEQA document.
3.3 Greenhouse Gas Analysis – Urban Crossroads
Urban Crossroads will conduct a Greenhouse Gas Analysis that will evaluate applicable federal and state regulatory requirements (i.e., AB32, SCAQMD, CARB thresholds). Qualitatively discuss the effects of GHG emissions on regional air quality. Evaluate applicable GHG emissions associated with heavy-duty construction equipment combustion that will likely occur during the various phases of construction. Data
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Attachment: Attachment 1_Draft_CASC_DAP-001-756_700 S. Rancho Ave (3744 : Contract Award & Reimbursement Agreement - CASC) available from the project team and technical air quality analysis will be utilized in characterizing GHG- generating activities. Evaluate operational GHG emissions for the proposed project which will include emissions from mobile sources, heaters, air conditioners, water heaters, consumer products, cargo handling equipment (CHE), and lawn care equipment will also be considered. Evaluate project significance based on an applicable Climate Action Plan or direction provided by the Project CEQA preparer and /or the lead agency. Identify and recommend mitigation measures that are feasible to implement and that will reduce any potential impacts to the maximum extent possible. Prepare a greenhouse gas report that incorporates the findings and all supporting calculations. Revise the greenhouse gas study report based on comments provided by the Client and Lead agency for up to 1 review cycle. Assist the CEQA preparer with preparation of response to comments on the draft CEQA document.
3.4 Energy Analysis – Urban Crossroads
In light of the 2019 CEQA guideline revisions that were adopted into law on December 28, 2018, an energy analysis report is now required to address the new topical area in CEQA. The following scope of work serves to meet the new CEQA requirement s for preparation of an energy analysis. Identify applicable local, State, and federal energy regulations and programs applicable to the proposed project.
Quantify direct and indirect electricity energy consumption from the proposed project. Quantify natural gas energy consumption from the proposed project. Identify transportation fuels supply, demand, consumption, and infrastructure. Identify Energy Efficiency features of the proposed project, including but not limited to the use of renewable energy requirements for the proposed project, and reduced energy demand through the reduction of potable water usage. Identify and recommend mitigation measures that are feasible to implement and that will reduce any potential impacts to the maximum extent possible.
Prepare an energy report that incorporates the findings and all supporting calculations. Revise the energy analysis report based on comments provided by the Client and Lead agency for up to 1 review cycle.
Assist the CEQA preparer with preparation of response to comments on the draft CEQA document.
3.5 Noise & Vibration – Urban Crossroads
Identify and review applicable, Federal, State and Local Noise criteria. This includes the City of Colton Noise Element and Municipal Code to determine appropriate noise standards and significance criteria.
Collect long -term 24 -hour ambient noise level measurements in the Project study area at up to six locations to quantify the existing noise environment. All noise level measurement equipment will satisfy American National Standards Institute (ANSI) standard specifications for sound level meters ANSI S1.4- 2014/IEC 61672-1:2013. The noise level measurements will be collected consistent with the criteria outlined in the Municipal Code. Briefly describe the ambient noise conditions in the Project study area.
Calculate the off-site traffic noise contour boundaries for the baseline (existing) conditions, opening year and future conditions on up to twenty study area roadway segments. Calculate the future Project contributions by comparing the "with" and "without" Project noise contours on the study area roadways for the proposed project. Determine if the Project will create a significant noise impact on any analyzed roadway segments. Collect reference noise level measurements to represent the expected stationary source impacts associated with the proposed South Rancho Avenue Project land uses. Evaluate the potential stationary source noise impacts associated with the operation of the proposed Project and recommend measures to reduce the potential noise impacts to any nearby noise-sensitive uses. Provide a detailed construction noise and vibration analysis for each stage of construction using reference noise level measurements of similar activities. Summarize the results of the study in a noise impact analysis report addressing the potential impacts associated with the Project and provide the appropriate measures to reduce the impacts to levels of less than significant. Revise the Noise study report based on comments provided by the Client and Lead agency for up to 1 review cycle. Assist the CEQA preparer with
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Attachment: Attachment 1_Draft_CASC_DAP-001-756_700 S. Rancho Ave (3744 : Contract Award & Reimbursement Agreement - CASC) preparation of response to comments on the draft CEQA document.
3.6 General Biological Resources Assessment – CASC
The below tasks will be performed to evaluate the Project Site for biological resources, verify existing site conditions, assess the site for the presence of threatened, endangered, or special-status species, and present these findings in the Biological Resources Memorandum of Findings (Task C).
CASC’s biologists will research readily available information, including previous studies and reports, relevant literature, databases, agency websites, Geographic Information Systems (GIS) data, maps, aerial imagery from public domain sources, and in-house records to: 1) assess habitats, special-status plant and wildlife species, any jurisdictional features that may be within the project impact area, critical habit at and wildlife corridors that may occur in and near the Project site, and 2) identify local or regional plans, policies, and regulations that may apply to the Project site.
Following the literature review, biologists will conduct a reconnaissance-level biological survey on the Project site including a 500 -foot buffer (where accessible). The survey area is referred to as the Biological Study Area (BSA). The survey will include the following:
Habitat assessment and plant community mapping.
Plant and wildlife inventory.
Habitat assessment for sensitive, threatened, and endangered flora and fauna species with special consideration for habitat associations with Western burrowing owl. GPS locations of all potential special-status plant and animal species. Assessment of wildlife movement through the Project site.
Surveys will be conducted on foot during daylight hours and will cover all accessible areas of the BSA to ensure that 100% of the Project site has been assessed for biological resources. Biologists will use aerial imagery and binoculars from strategic vantage points whenever direct access is not possible.
CASC biologists will characterize the existing habitat and search for the presence of sensitive plant communities, special-status plants and wildlife, jurisdictional areas, and potential wildlife corridors.
Memorandum of Findings
Following completion of the above outlined site assessment and any focused surveys at the Project site, CASC will prepare the Biological Resources Memorandum of Findings that will: (1) summarize existing conditions, (2) assess the potential presence of sensitive biological resources at the Project site, (3) analyze the potential impacts on those resources from Project development, (4) recommend, as appropriate, Best Management Practices (BMPs), avoidance and protection measures, and suggestions to reduce environmental impacts to less than significant levels, (5) make recommendations for additional studies if needed, and (6) identify biological permits or approvals tha t the Project may need for build- out. The report will include methods and results of the literature review and field surveys, figures, a complete flora and fauna compendium, and representative site photographs.
Deliverables
An electronic copy of the draft Biological Resources Memorandum of Findings to the Client
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Attachment: Attachment 1_Draft_CASC_DAP-001-756_700 S. Rancho Ave (3744 : Contract Award & Reimbursement Agreement - CASC) for one round of comments.
An electronic copy of the final Biological Resources Memorandum of Findings to the Client for distribution.
Assumptions
Changes in the Project description, Project boundary, and Project footprint could trigger additional analysis, calculations, resubmittals and/or revisions to the reports and associated figures. These additional changes requiring action will be billed on a time and material basis. In order to facilitate the Project for mapping purposes, the Client will provide CASC with CAD data including a defined coordinate system or GIS shapefiles/geodatabase or Google Earth kmz/kml files that digitally illustrate the Project boundary and Project footprint (permanent and temporary impacts). If digital data is provided without a defined coordinate system or as static graphics (i.e., pdf, jpg, etc.), which require georeferencing, then a change order will be requested for mapping and conversion of data into a GIS compatible format.
3.7 Burrowing Owl Survey Report – Optional* - CASC
The Project Site falls within the Additional Needs Survey Area of the Multiple Species Habitat Conservation Plan (MSHCP) for Western burrowing owl (MSHCP Section 3.2.3.). A habitat assessment, and possible surveys, are to be conducted as part of the environmental review process. CASC will provide a qualified biologist to perform a Habitat Assessment and, if appropriate habitat is found, focused surveys burrowing owl (BuOw) will be conducted (per the protocol) as outlined below. Caveat:
Based on a preliminary review of aerial photographs of the site and CASC’s knowledge of the geographic location of the project site, it is highly likely that focused surveys will need to be performed to satisfy the MSHCP requirements.
Habitat Assessment
Step One of the habitat assessment is to perform pedestrian surveys of the Project Site to identify the presence of burrowing owl habitat. If habitat is found, then 150 – meter (approximately 500 feet) buffer area around the project boundary is to be surveyed also. If permission to access the buffer area cannot be obtained, CASC’s biologist will not trespass on adjacent property, but visually inspect the adjacent habitat areas with binoculars and/or spotting scopes. If suitable habitat is not present at the project site, CASC will prepare a memorandum of findings which will describe the site specifics and why there is no potential for burrowing owl. This information will then be provided to the Client, EPD, RCA, and CDFW. If there is suitable habitat found at the project site CASC will contact the Client and indicate that further studies need to be performed to satisfy the MSHCP compliance measures.
Focused Surveys for Burrowing Owl
If suitable habitat is found on the project site, then focused surveys for burrowing owl will be conducted during the breeding season (March 1 -August 31). Surveys will be conducted during weather that is conducive to observing owls outside their burrows and detecting burrowing owl sign. Surveys will not be conducted during rain, high winds (> 20 mph), dense fog, or temperatures over 90 °F. Additionally, surveys will not be performed until 5-days after a major rain event. All potential burrows, owl sightings occupied burrows or burrows with owl sign will be recorded. Focused Burrowing Owl Surveys will consist of site visits on four separate days. The first one may be conducted concurrent with the Focused
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Attachment: Attachment 1_Draft_CASC_DAP-001-756_700 S. Rancho Ave (3744 : Contract Award & Reimbursement Agreement - CASC) Burrow Survey. If the Habitat Assessment as noted above determines the presence of burrowing owls, the focused surveys will be required to be prepared.
Deliverable: If the results of the Habitat Assessment result in a negative findings for suitable burrowing owl habitat, then a Memorandum of Findings will be provided to the Client for distribution.
If focused surveys are warranted, then the results will be presented in a letter report. A final letter report will be provided to the Environmental Planning Department (EPD), Regional Conservation Authority (RCA) Monitoring Program Administrator, and California Department of Fish and Wildlife (CDFW).
The report will discuss the survey methodology, transect width, duration, conditions, and results of the survey. Appropriate maps showing burrow locations and representa tive site photographs with a photo point location map will be included.
3.8 Cultural Resources Study/ Paleontological Resources Study – DUKE CRM DUKE CRM will prepare a combined Cultural Resources/Paleontological Resources Study for the project. Preliminary research indicates that this property was developed as early as 1930, likely earlier.
The use was likely residential and was surrounded by agricultural fields. The trees that stand on this property likely date to this early development of the property. The first task to be completed is the records search at the South -Central Coastal Information Center (SCCIC), located at California State University, Fullerton. The SCCIC is the State -designated repository for records concerning known archaeological and historic resources and prior cultural resource studies in San Bernardino County. The records search will include up to a ½-mile radius. In addition, DUKE CRM will contact the Native American Heritage Commission (NAHC). The NAHC will perform a Sacred Lands file search and provide a list of local Native American groups. DUKE CRM will conduct a paleontological records search through the Western Science Center, located in Hemet. Finally, limited on -line research will be conducted.
DUKE CRM will conduct a pedestrian survey of the project. The purpose of the survey is to identify any cultural resources within the project, characterize the setting of the project, and field check any previously recorded cultural resources discovered by the records search. Photographs will be taken.
Preliminary research indicates that the historic buildings that were present as early as 1930 were removed by the 1940s. For the purposes of this proposal DUKE CRM does not include the documentation of any cultural/paleontological resources within the project boundaries; however, if resources are discovered additional tasks and costs, not included herein, will be necessary. This will require a contract amendment to cover the additional tasks.
Upon completion of these tasks, DUKE CRM will prepare a combined paleontological/cultural resource letter report. The letter will include a project description, methods, results, and recommendations. DUKE CRM will prepare one draft of the letter for review by the CLIENT and a draft and final letter fo r the City, as necessary. The report will be provided in PDF and/or MS Word electronic format. No hard copies or reproductions are included. If additional reviews are necessary or a more detailed technical report needs to be prepared as determined by the City a contract amendment will be necessary.
Upon request from the City and approval by the CLIENT, DUKE CRM will work with the City to send out notification letters via U.S. Certified Mail initiating the consultation process under AB-52. The City will need to provide their AB - 52 consultation list; if a list is not available, we will send letters to the groups listed by the NAHC. DUKE CRM will send letters on the City’s letterhead. We will make up to two attempts to follow-up with Native American groups (email or telephone). DUKE CRM will provide
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Attachment: Attachment 1_Draft_CASC_DAP-001-756_700 S. Rancho Ave (3744 : Contract Award & Reimbursement Agreement - CASC) a summary-of-consultation matrix to the City. We will be available for limited consultation with the City, if requested. However, if any meetings or extended consultation are necessary with Native Americans, DUKE CRM will bill hourly at the Project Manager’s rate; this will require an amendment to the contract.
3.9 Trip Generation LOS/VMT Screening Analysis – Urban Crossroads Trip Generation Assessment
Review the proposed site plan. Calculate project -related vehicle trips based on the Institute of Transportation Engineers (ITE) Trip Generation Manual 11th Edition (2021) trip generation rates and vehicle mix. Urban Crossroads will work with the Client to determine the best mix of uses for the Project.
The South Coast Air Quality Management District’s (SCAQMD) recommended truck mix, by axle type for high-cube warehouse, will also be applied. Raw vehicle trips will then be converted to passenger car equivalent (PCE) values based on the PCE factors commonly used in City to perform capacity and level of service analysis. Determine whether a traffic study is required in accordance with the City of Colton traffic study guidelines. Summarize the results in a letter report. Revise the draft report based on comments provided by the Client and Lead agency for up to 1 review cycle. Assist the CEQA preparer with preparation of response to comments on the draft CEQA document.
VMT Analysis
Review applicable VMT screening thresholds to determine if any apply to the Project using the City of Colton VMT (Vehicle Miles Traveled) Guidelines (June 2020). Make adjustments to socio -economic data (SED) within a separate Traffic Analysis Zone (TAZ) to represent the project site to reflect the Project’s specific land use in the SBTAM. Run base year SBTAM model inclusive of SED changes. Run horizon year SBTAM model inclusive of SED changes. Calculate the Project generated VMT per capita based on the base year and cumulative year model runs. Compare the Project VMT per employee with the baseline average VMT per employee for the City of Colton and apply specific thresholds. If impacts to VMT are found to be potentially significant, then where applicable, identify Transportation Demand Measures (TDM) to reduce VMT. If the Project results in potential impacts, Urban Crossroads will coordinate with the Client to determine potential VMT reduction measures required to reduce VMT to the extent feasible. Calculate reductions in VMT based on the mitigation measures agreed to by the Client. Summarize the res ults of the VMT analysis in a letter report. Revise the draft report based on comments provided by the Lead agency for up to 1 review cycle. Assist the CEQA preparer with preparation of response to comments on the draft CEQA document.
3.10 Aesthetics Analysis – CASC
CASC will prepare an Aesthetics Analysis that will consider such issues as alteration of public views, changes in visual character, and increased light and glare. This will include a site visit and the preparation of two visual simulations. The analysis will also consider consistency with relevant City documents addressing design and development standards. The analysis will be incorporated into the Initial Study document for City review.
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Attachment: Attachment 1_Draft_CASC_DAP-001-756_700 S. Rancho Ave (3744 : Contract Award & Reimbursement Agreement - CASC)
3.11 Phase I Environmental Site Assessment (ESA) – Optional* - Leighton As an optional task, Leighton will prepare a Phase I ESA as an independent study for the project. A Phase I ESA will evaluate for potential recognized environmental concerns (RECs) in general accordance with ASTM standard practice E 1527 -13 / E152 7-21, and All Appropriate Inquiries (AAI) 40CFR Part 312.
ASTM standard practice E 2600 -15 Tier 1 may also be used as a guide to preliminarily screen for vapor encroachment conditions. Phase I ESA tasks will include, but not be limited to the following:
Records Review
Site Reconnaissance
Historical Site Usage Review
Interviews
Report Preparation
Phase I ESAs typically do not include the following:
Testing, sampling, measurements or analysis of air, water, soil, soil gas, or any other media. Any type of sampling or testing for lead, lead based paint, asbestos or mold. A health risk assessment.
Environmental Research
CASC will research and utilize the City’s General Plan EIR to determine potential impacts of the Project pursuant to CEQA Guidelines and City regulations. The City will provide background information on aspects of the environmental review such as cultural and biological resources, land use, population/housing, and public services impacts prepared for other applicable projects. The identification of potential environmental impacts may result in the need for the preparation of additional technical studies and analyses outside of what the Applicant has previously prepared. Research conducted by CASC prior to, and subsequent from, the Kick -Off Meeting will assist in determining what additional technical analyses may be necessary. Coordination with City Staff and City direction will solidify what technical efforts are required to comply with CEQA and result in a comprehensive and defensible CEQA document.
Prepare 1st Screencheck IS/ND OR MND, MMRP
CASC will prepare the 1 st Screencheck Initial Study for the proposed Project to identify potentially significant environmental impacts. The format of the Initial Study will be consistent with adopted CEQA Guidelines in the Appendix G: Environmental Checklist Form. The intent of the Initial Study is to identify the Project’s potential environmental impacts and determine the appropriate environmental determination. Identification of the Scope will assist the public agencies and concerned individuals/groups in providing meaningful input into the environmental evaluation process. CASC will provide an electronic copy of the 1 st Screencheck Initial Study for review by City Staff. If Staff has extensive comments on the 1st Screencheck Initial Study, a 2nd Screencheck document and review
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Attachment: Attachment 1_Draft_CASC_DAP-001-756_700 S. Rancho Ave (3744 : Contract Award & Reimbursement Agreement - CASC) cycle will be conducted. If the City and CASC determine that the 1 st Screencheck Initial Study comments are minor in nature, then CASC will prepare the Proof Check Draft Initial Study.
If necessary, and pursuant to CEQA Guidelines Section 15097, CASC will prepare and submit a Mitigation Monitoring and Reporting Program (MMRP) at the time of the 1st Screencheck Initial Study.
The MMRP will contain all mitigation measures identified in the Initial Study. This comprehensive MMRP will provide the City and Applicant all applicable mitigation measures to be implemented to verify avoidance of the potential impacts identified in the Initial Study. Mitigation measures will identify the agency responsible for ensuring proper implementation, timing of the measure, and method of verification.
Deliverables:
One (1) electronic copy of the 1st Screencheck Initial Study and MMRP in Word format for review.
One (1) electronic copy of the 1st Screencheck Initial Study and MMRP in PDF format.
TASK 3C. PREPARE 2nd SCREENCHECK IS/ND OR MND, MMRP—OPTIONAL* Prepare 2nd Screencheck IS/ND OR MND, MMRP – OPTIONAL*
As noted in the RFP, if there are extensive comments from the City, CASC will prepare the 2nd Screencheck Initial Study for the proposed Project. This Scope of Work assumes comments will be provided as tracked changes within the electronic Word files. CASC will revise the Screencheck Initial Study in both a tracked-changes version and a version with all changes accepted and addressed in response to City Staff comments.
Deliverables:
• One (1) electronic copy of the 2nd Screencheck Initial Study and MMRP in Word format for review.
• One (1) electronic copy of the 2nd Screencheck Initial Study and MMRP in PDF format. • Notice of Intent
• Distribution List
Note: If additional review cycles are requested and/or revisions to the Project Description occur that require additional services, an addendum to the Scope of Work may be necessary.
If necessary, CASC will revise and submit the MMRP at the time of the 2 nd Screencheck Initial Study. The MMRP will contain all mitigation measures identified in the Initial Study. This comprehensive MMRP will provide the City and Applicant all applicable mitigation measures to be implemented to verify avoidance of the potential impact identified in the Initial Study. Mitigation measures will identify the agency responsible for ensuring proper implementation, timing of the measure, and method of verification.
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Attachment: Attachment 1_Draft_CASC_DAP-001-756_700 S. Rancho Ave (3744 : Contract Award & Reimbursement Agreement - CASC)
CASC’s GIS Specialist, Ben Hamada, will prepare a Regional Vicinity Exhibit, Project Boundary Exhibit, Assessors Parcel Number Exhibit, City of Colton General Plan Land Use Exhibit, and City of Colton Zoning Exhibit in support of the IS/ND or MND, MMRP. CASC has allocated a total of sixteen (16) hours to prepare up to five (5) exhibits.
Upon receipt of one (1) set of consolidated comments from the City and the Applicant on the Screencheck IS/ND or MND and MMRP (Task 3C), CASC will make revisions accordingly and submit the Proof Check Draft IS/ND or MND and MMRP to the Staff. This document will be considered the final print copy prior to printing. No major comments on the document are anticipated from the Staff and/or the Applicant.
Deliverables:
• One (1) electronic copy of the Proof Check Draft Initial Study in Word format for review. • One (1) electronic copy of the Proof Check Draft Initial Study in PDF format.
CASC will finalize the Proof Check Draft IS/ND or MND and MMRP for public circulation. CASC will prepare for City distribution all required CEQA notices for the Project. This Scope assumes a typical distribution list per City guidelines. If it is determined by Staff to expand the radius of the distribution list, separate authorization may be requested. CASC will prepare the Notice of Intent to Adopt an ND/MND and Notice of Determination of an ND/MND, and other notices required for City distribution. Per review of the RFP, the City will coordinate the notice in the local newspaper. Also as noted in the RFP, the public notice and review period for the Initial Study is assumed to be a thirty (30) day review period. CASC will file the appropriate fees and Notice of Determination with the County of San Bernardino County Clerk within five (5) calendar days after Project approval.
Deliverables:
• One (1) copy of the Print Check Initial Study in Word format. • One (1) copy of the Print Check Initial Study in PDF, including all figures, exhibits, and appendices.
• One (1) electronic copy of each CEQA Notice.
TASK 6. PREPARE RESPONSES TO COMMENTS
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Attachment: Attachment 1_Draft_CASC_DAP-001-756_700 S. Rancho Ave (3744 : Contract Award & Reimbursement Agreement - CASC)
If requested by the City, CASC and Ackerman Law, will prepare the Responses to Comments (RTC) that have been received associated with the Initial Study. It is assumed that the City will forward comments as soon as they are received. The RTC which raise environmental issues will be substantive and thorough and will be provided in a separate RTC memorandum.
Deliverables:
• One (1) electronic copy of the Response to Comments document in Word format for review.
As requested in the City’s RFP, CASC Planning Director and Associate Planner will attend one (1) Planning Commission and one (1) City Council public hearing to answer any questions regarding the IS/ND or MND and/or MMRP. If additional attendance at hearing(s) are required, they will be provided under separate authorization.
CASC will provide regular weekly updates to Staff regarding Project status, schedule maintenance, and budget expenditures during the preparation of the IS/ND or MND and MMRP associated tasks.
CASC has allocated a total of twenty -two (22) hours to this task. This allocation is based on the schedule shown below to complete the Project. If additional hours are needed due to revisions to the Project Description, additional services outside of this Scope, and/or delays that impact the schedule, they will be provided under separate authorization.
Note: Regarding the COVID-19 pandemic, CASC is following local, federal, and CDC guidance and recommendations. At this time, our team expects to attend meetings virtually through a video- conferencing platform until further notice. The safety precautions our firm is implementing are intended to provide the same level of professionalism, high-quality work, and Project deliverables, with little to no delay in Project schedule. Over the course of the last few months, the only delays we have seen thus far involve document reviews from public agencies, and some minor delays in the preparation of technical analyses relating to cultural resources. CASC will make reasonable efforts to minimize delays in Project schedule while maintaining high safety standards and practices for our staff throughout meetings and coordination with the City and the Applicant.
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EXHIBIT "B"
SCHEDULE OF SERVICES
Schedule:
Project: Case No. DAP-001-756
Agency: City of Colton
Consultant: CASC Engineering and
Consulting Date: 8/16/2022
(2 week City Review)
(1 week City Review)
(1 week City Review)
(30 day review)
Task
#
Description
Start
Complet
e 1 Project Initiation Week 1 Week 1
2 Project Description Week 1 Week 2
3 Prepare 1st & 2nd Screencheck IS/ND, MND, MMRP
3A Prepare Technical Studies
3.1 Air Quality Impact Analysis – Urban Crossroads Week 3 Week 6
3.2 Health Risk Assessment – Urban Crossroads Week 3 Week 6
3.3 Greenhouse Gas Analysis – Urban Crossroads Week 5 Week 7
3.4 Energy Analysis – Urban Crossroads Week 3 Week 6
3.5 Noise & Vibration – Urban Crossroads Week 3 Week 6
3.6 General Biological Resources Assessment – CASC Week 3 Week 6 Memorandum of Findings Week 3 Week 6
3.7 Burrowing Owl Survey Report – Optional* - CASC Week 3 Week 6
3.8 Cultural Resources Study/ Paleontological Resources Study – DUKE CRM
Week 3 Week 5
3.9 Trip Generation LOS/VMT Screening Analysis – Urban Crossroads Trip Generation Assessment Week 1 Week 4
VMT Analysis Week 1 Week 4
3.10 Aesthetics Analysis – CASC Week 3 Week 4
3.11 Phase I Environmental Site Assessment (ESA) – Optional* - Leighton Week 3 Week 4 3B Prepare 1st Screencheck IS/ND, MND, MMRP Week 3 Week 8 3C Prepare 2nd Screencheck IS/ND, MND, MMRP - Optional* Week 11 Week 12
3D GIS Exhibits for IS/ND, MND, MMRP Week 3 Week 5
4 Proof Check Draft IS/ND or MND and MMRP Week
13 Week 14
5 Circulation of Draft IS/ND or MND and MMRP Week
15 Week 19
6 Response to Comments Week
20 Week 20
7 Meeting Attendance as needed TBD TBD
Meetings and Coordination Ongoin
g
Ongoing
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EXHIBIT "C"
COMPENSATION
See Next Page
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CITY OF COLTON
REIMBURSEMENT AGREEMENT FOR LAND USE ENTITLEMENT PROJECT
GENERAL PLAN AMENDMENT AND CHANGE OF ZONE FOR 700 SOUTH
RANCHO AVENUE, JANET JONES AND DEBBIE HANNA, APPLICANTS (DAP-001-756)
1. PARTIES AND DATE.
This Reimbursement Agreement ("Agreement") is made this 16TH day of August, 2022, by and between the City of Colton, a California municipal corporation ("City"), and Janet Jones and Debbie Hanna with principal place of business at P.O. Box 365 , Loma Linda , CA 92354 (“Applicant”). City and Applicant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1. Property. The owner , Riverside Construction Company , of that certain real property located within the City of Colton, County of San Bernardino , California , and more particularly described in Exhibit “A” attached hereto and incorporated herein by reference (“Property”).
2.2 Project. The Applicant is contemplating the development of the Property as described in Exhibit “ B” attached hereto and incorporated herein by reference (“Project”) . The Applicant has submitted an application for discretionary land use approvals for the Project, including those listed in Exhibit “C” attached hereto and incorporated herein by reference, as well as all related environmental review pursuant to the California Environmental Quality Act ("CEQA") and other applicable laws, rules and regulations.
2.3 Consultants. To prov ide the City with the needed expertise and information necessary for the City's review process concerning the Project, it is or may become necessary for the City to access the services of certain outside legal, environmental, planning and other experts for the Project ("Consultants").
2.4 Reimbursement. As a condition to the City's completion of the Project review process, the Applicant has agreed to reimburse the City for the Consultants’ costs and expenses related to the City's Project review process, as well as any other out -of-pocket expenses incurred by the City, in the manner and amounts set forth in this Agreement. The Applicant's reimbursement of City under this Agreement will ensure that the City has the necessary resources to diligently and efficiently process the Applicant's Project.
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3. TERMS.
3.1 Incorporation of Recitals. The Parties agree that the Recitals constitute the factual basis upon which the City and the Applicant have entered into this Agreement. The City and the Applicant ea ch acknowledge the accuracy of the Recitals and agree that the Recitals are incorporated into this Agreement as though fully set forth at length.
3.2 City Selection of Consultants. As a necessary and indispensable part of its fact finding process relating to the review of the Applicant's proposed Project and uses of the Property, the City shall retain the services of Consultants to provide advice as the City may deem necessary in its reasonable and sole discretion. The City has thus far retained or is prepared to retain (either directly or as subconsultants) those Consultants listed in Exhibit “D” attached hereto and incorporated herein by reference, but shall have the right to retain any additional consultants or sub-consultants pursuant to this Agreemen t. The contemplated general scope of work of the Consultants for the Project is also described in Exhibit "D" attached hereto, but the City reserves the right, in its reasonable and sole discretion, to amend the scope of work as it deems necessary and appropriate to the City's proper review and consideration of the Applicant's Project.
The Applicant agrees that, notwithstanding the Appli cant's reimbursement obligations under this Agreement, Consultants shall be the contractors exclusively of the City and not of the Applicant. Except for those disclosures required by law, including, without limitation, the Public Records Act, all conversa tions, notes, memoranda, correspondence and other forms of communication by and between the City and its Consultants shall be, to the extent permissible by law, privileged and confidential and not subject to disclosure to the Applicant. The Applicant agrees that it shall have no claim to, nor shall it assert any right in any reports, correspondence, plans, maps, drawings, news releases or any and all other documents or work product produced by the Consultants.
3.3 Applicant to Cooperate with Consultants. The Applicant agrees to cooperate in good faith with the Consultants The Applicant agrees that it will instruct its agents, employees, consultants, contractors and attorneys to reasonably cooperate with the Consultants and to provide all necessary docum ents or information reasonably requested of them by the City and/or the Consultants; provided, however, that the foregoing shall not require the disclosure of any documents or information of the Applicant which by law is privileged, proprietary, confidenti al, and exempt from disclosure under the Public Records Act.
3.4 Applicant's Reimbursement of Costs and Expenditures . The Applicant shall reimburse the City for one hundred percent (100%) of the actual fees, costs and other expenditures incurred by the City relative to the Consultant costs, as well as staff services associated with the Project, other out-of-pocket expenses incurred by the City ("Costs"). The City has preliminarily reviewed the scope(s) of work required and has estimated the aggregate Costs for all Consultants and City staff to be approximately one hundred and thirty five thousand seven hundred and one dollars ($135,701), plus an additional administrative fee of 15% twenty thousand and three hundred and thirty five dollars and fifteen cents ($20,355.15) ("Estimated Costs"). Within ten (10) calendar days of the execution of this Agreement, the Applicant shall submit deposit in the amount of $135,701 and separate check in the amount of $20,955.15 to cover the initial Estimated Costs, which amount the City shall separately account for in a Project deposit account ("Deposit
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Account").
As the Consultants invoice the City for fees, costs, and expenditures associated with the Project, staff charge their time for services associated with the Project, and City Attorney charges for legal services associated with the Project, the City may draw upon the Deposit Account to make the required payments. At any time that the Deposit Account drops below ($15,000), the City may make d emand on Applicant to replenish the Deposit Account to reach the minimum Fifteen Thousand Dollars ($15,000) , or alternative minimum amount upon City entering contract(s) with environmental consultant(s) for Project, and Applicant shall submit the required amount of funds to City within ten (10) calendar days. In the event Applicant fails to make any required deposit, City shall have the right to consider Applicant's Project applications as withdrawn and cease processing such applications.
City shall not exceed the Estimated Costs without consulting with Applicant regarding the need for additional services which cause the Costs to exceed the Estimated Costs ("Excess Costs").
The City shall use reasonable good faith efforts to consult with the Applicant prior to amending any scope of services to be provided by the Consultants and incurring Excess Costs. The Applicant's obligation to reimburse the City for Excess Costs shall be contingent upon the City providing Applicant with written notice of the amendment of the scope of services to be performed by any Consultant and the estimated cost thereof prior to the commencement of work. Once the City provides such notice, Applicant shall be obligated to pay the Excess Costs in the same manner as the Estimated Costs provided above, including, but not limited to, replenishing the Deposit Account.
For purposes of this Section, the City shall be deemed to have consulted with the Applicant when the City has provided written notice to the Applicant that the City reasonably anticipates that it will incur, or has incurred, Excess Costs. If, after consultation, the Applicant disagrees with the City's incurring of Excess Costs, then the Applicant's sole and exclusive remedy will be to terminate this Agreement pursuant to Section 3.6 of this Agreement, subject to the Applicant's obligation to reimburse the City for all Costs incurred by the City prior to the date of termination, whether or not yet paid by the City to any Consultants.
The City shall maintain accurate records of invoices received from, and payments made to, the Consultants resulting from the Project, and will provide a payment summary to Applicant within a reasonable time upon request. In the event that excess funds remain in the Deposit Account upon conclusion of the Project and after all final payments to the Consultants have been made, the City agrees to refund that excess amount, if any, to Applicant within fifteen (15) days of final payment to the Consultants. Alternatively, if the Costs of the services of the Consultants exceed the Estimated Costs and Excess Costs, if any, then Applicant shall remain obligated to pay for all such Costs. Applicant shall pay any such amount within ten (10) calendar days of demand for payment by City.
3.5 Term. The term of this Agreement shall commence on the date that this Agreement is approved by the City Council and fully e xecuted by the Parties, and shall terminate when all services required for the project by Consultants have been completed to the City's reasonable satisfaction and the Applicant has satisfied all of its obligations under this Agreement . For
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purposes of th is section, Applicant's obligations shall include, but shall not be limited to, its obligation to reimburse the City for Estimated Costs and Excess Costs, whether or not paid by the City to Consultants prior to the date of termination. The Applicant's obl igation to reimburse the City as provided in this Agreement shall survive the natural expiration of this Agreement pursuant to this section, as well as the termination of this Agreement pursuant to Section 3.6.
3.6 Early Termination.
3.6.1 By City. The City may, in its reasonable and sole discretion, terminate this Agreement prior to the term set forth in Section 3.5 above, without cost or liability to the City, upon thirty (30) days prior written notice to the Applicant in the event that Applican t either: (1) fails to satisfy any obligation of this Agreement; or (2) fails to reasonably prosecute its application(s) for the Project.
3.6.2 By Applicant. The Applicant may, in its reasonable and sole discretion, terminate this Agreement prior to the end of the term set forth in Section 3. 5 above, upon thirty (30) days' prior written notice to the City; provided, however, that Applicant's right to so terminate this Agreement is expressly contingent upon Applicant satisfying both of the following: ( 1) Applicant shall give City written notice withdrawing its application(s) for the Project; and (2) Applicant shall satisfy all of its obligations under this Agreement up through the proposed effective date of termination. For purposes of this section, Ap plicant's obligations shall include, but shall not be limited to, its obligation to reimburse the City for Estimated Costs and Excess Costs, whether or not paid by the City to Consultants prior to the date of termination.
3.6.3 Notice to Consultants . Within two (2) working days following either the City's decision to terminate this Agreement or the City's receipt of written notice indicating the Applicant's decision to terminate this Agreement, the City shall notify all Consultants and instruct them to cease work on the Project. Consultants shall also be instructed to bill the City for any services completed prior to the date of termination.
3.7 Assignability. This Agreement may not be assigned by either Party without the prior and express written consent of the other Party, which consent shall not be unreasonably withheld. In determining whether to approve a request by the Applicant to assign this Agreement, the City may consider, among other things, the proposed assignee's financial status and commitment to the Project. Any attempted assignment of this Agreement not in compliance with the terms of this Agreement shall be null and void and shall confer no rights or benefits upon the assignee.
3.8 No Oral Modifications. This Agreement represents the entire understanding of the City and the Applicant and supersedes all other prior or contemporaneous written or oral agreements pertaining to the subject matter of this Agreement. This Agreement may be modified, only by a writing signed by both the authorized representatives of both the City and the Applicant.
All modifications to this Agreement must be approved by the City Council.
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3.9 Binding Upon Successors. This Agreement and each of its terms shall be binding upon the City, the Applicant a nd their respective officers, elected officials, employees, agents, contractors, and permitted successors and assigns.
3.10 Legal Challenges. Nothing herein shall be construed to require City to defend any third party claims and suits challenging any action taken by the City with regard to any procedural or substantive aspect of the City ’s approval of development of the Property, the environmental process, or the proposed Project. The Applicant may, however, in its sole and absolute discretion appear as real party in interest in any such third party action or proceeding, and in such event, it and the City shall defend such action or proceeding and the Applicant shall be responsible and reimburse the City for whatever legal fees and expert or other costs, in their entirety, including actual attorneys' fees, which may be incurred by the City in defense of such action or proceeding.
This City shall have the absolute right to retain such legal counsel as the City deems necessary and appropriate and the Applicant shall reimburse the City for any and all attorneys' fees and expert or other costs incurred by the City as a result of such third party action or proceeding . Applicant may, at any time, notify City in writing of its decision to terminate such reimbursement obligation and, thereafter, the City may choose, in its sole discretion, to defend or not defend such third party action or proceeding. In the event that the City decides not to continue the defense of such third party action or proceeding, A pplicant shall be obligated to reimburse City for any and all costs, fees, penalties or damages associated with dismissing the action or proceeding. In the event that the City decides to continue the defense of such third party action or proceeding, Appli cant shall have no further obligation to reimburse City for its attorney fees and expert or other costs.
3.11 Attorneys' Fees. In the event that any action or proceeding, including arbitration, is commenced by either the City or the Applicant against the other to establish the validity of this Agreement or to enforce any one or more of its terms, the prevailing Party in any such action or proceeding shall be entitled to recover from the other, in addition to all other legal and equitable remedies avail able to it, its actual attorneys' fees and costs of litigation, including, without limitation, filing fees, service fees, deposition costs, arbitration costs and expert witness fees, including actual costs and attorneys' fees on appeal.
3.12 Jurisdiction and Venue. This Agreement is executed and is to be performed in the City of Colton, San Bernardino County, California, and any action or proceeding brought relative to this Agreement shall be heard in the appropriate court in the County of San Bernardin o, California. The City and the Applicant each consent to the personal jurisdiction of the court in any such action or proceeding.
3.13 Severability. If any term or provision of this Agreement is found to be invalid or unenforceable, the City and the Applicant both agree that they would have executed this Agreement notwithstanding the invalidity of such term or provision. The invalid term or provision may be severed from the Agreement and the remainder of the Agreement may be enforced in its entirety.
3.14 Headings. The headings of each Section of this Agreement are for the purposes of convenience only and shall not be construed to either expand or limit the express terms and language of each Section.
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3.15 Representations of Authority . Each Party signing this Agreement on behalf of a Party which is not a natural person hereby represents and warrants to the other Party that all necessary legal prerequisites to that Party's execution of this Agreement have been satisfied and that he or she has been authorized to sign this Agreement and bind the Party on whose behalf he or she signs.
3.16 Notices. Notices required under this Agreement shall be sent to the following:
City: City of Colton
650 N La Cadena Drive
Colton, CA 92324
Attn: Mark Tomich, Development Services Director
Applicant: Attn: Janet Jones and Debbie Hanna
P.O. Box 365
Loma Linda, CA 92354
Notices given pursuant to this Agreement shall be deemed received as follows: (1) if sent by United States Mail, five (5) calendar days after deposit into the United States Mail, first class postage prepaid; (2) i f sent by facsimile, upon transmission and actual receipt by the receiving Party; (3) if by express courier service or hand delivery , on the date of r eceipt by the receiving Party. The addresses for notices set forth in this Section may be changed upon written notice of such change to either the City or the Applicant, as appropriate.
[SIGNATURES ON NEXT TWO PAGES]
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CITY’S SIGNATURE PAGE FOR
CITY OF COLTON
REIMBURSEMENT AGREEMENT FOR LAND USE ENTITLEMENT PROJECT
GENERAL PLAN AMENDMENT AND CHANGE OF ZONE AT 700 S. RANCHO AVENUE PROJECT (DAP-001-756)
CITY OF COLTON
By: _________________________
William R. Smith
City Manager
Attest:
_________________________
Carolina R. Padilla
City Clerk
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APPLICANT’S SIGNATURE PAGE FOR
CITY OF COLTON
REIMBURSEMENT AGREEMENT FOR LAND USE ENTITLEMENT PROJECT
GENERAL PLAN AMENDMENT AND CHANGE OF ZONE AT 700 SOUTH RANCHO AVENUE (DAP-001-756)
JANET JONES AND DEBBIE HANNA
By: _________________________ By:
Signature
_________________________
Name: Janet Jones Name: Debbie Hanna
_________________________
Title: Managing Member Title: Managing Member
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EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
Assessor’s Parcel Number: 0163-182-01 and 02
The site map is below:
South Rancho Avenue
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EXHIBIT "B"
PROJECT DESCRIPTION
DAP-001-756 – The City of Colton received an application for a General Plan Amendment to allow a “High Density Residential” land use designation be changed to “Light Industrial” and Change of Zone to allow R-3/R-4 (High Density Residential) Zone to M -1 (Light Industrial) Zone on property measuring approximately 4.9 acres located at 700 South Rancho Avenue.
The environmental review includes the preparation of an Initial Study to determine appropriate CEQA document.
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EXHIBIT "C"
PERMITS AND OTHER APPROVALS
- Conditional Use Permit
- Architectural and Site Plan Review
- General Plan Amendment
- Change of Zone
- Initial Study – CEQA
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EXHIBIT "D"
CONSULTANTS
BEST BEST & KRIEGER LLP
Legal Services: Environmental (CEQA, water and other applicable environmental legal issues), planning, and other need legal services.
CASC ENGINEERING CONSULTANTS
Environmental consultant to prepare required CEQA document. Contract amount for Environmental Services is not to exceed $156,056.15, without prior approval by each party.
OTHER CONSULTANTS
Any and all other consultants, including but not limited to traffic engineering/transportation planning consultant, and CEQA consultant, determined by the City to be reasonably necessary for its review and processing of the Project application(s).
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ITEM NO. 7
STAFF REPORT
DATE: AUGUST 16, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: MARK TOMICH, DIRECTOR
SUBJECT: APPROVE A CONTRACT AMENDMENT WITH SAGECREST
PLANNING + ENVIRONMENTAL TO PROVIDE PROJECT
MANAGEMENT AND ENTITLEMENT SERVICES.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve second amendment to Professional Services Agreement (PSA) with Sagecrest Planning + Environmental to extend term to J une 30, 2023, and authorize the City Manager to execute contract documents.
BACKGROUND
On November 4, 2019, the City entered into a Professional Services Agreement (“contract”) with Sagecrest Planning + Environmental to provide project management and ent itlement services for the Rancho del Prado applications. The contact was amended for the first time on October 20, 2020 to add project management services for the IDI/Lineage Agua Mansa Logistics applications. The City contracts for outside project manage ment services on occasion in o rder to expedite projects, subject to the a pplicant(s) agreement to fund the consultant services on behalf of the City. The term of the contract has been extended twice and currently expires on July 30, 2022.
ISSUES/ANALYSIS
The contract with Sagecrest Planning + Environmental limits the number of extensions to the term without returning to the City Council for authorization. The term extensions that may be approved by staff have been exhausted. Because both the Rancho del Prado and IDI/Lineage Agua Mansa projects are still in process, staff and the consultant are requesting this Second 7 Packet Pg. 137
Staff Report to the Mayor and City Council
Contract Amendment - Sagecrest Planning + Environmental August 16, 2022
Amendment to the contract to extend the term to June 30, 2023. This amendment will also allow the City to unilaterally extend the term for one additional year, if necessary.
FISCAL IMPACTS
The consultant services will continue to be funded by deposits from the applicants into Revenue Account No. 100 -6799-000 pursuant to separate Reimbursement Agreement s. Sufficient appropriations for Consultant services are budgeted in the adopted FY202 2-23 Development Services Department Professional Services Account No. 100 -6300-6301-2354-0000-000. No additional appropriation is necessary.
ALTERNATIVES
Provide alternative direction to staff.
ATTACHMENT
1. PSA_Executed Agreement_Sagecrest
2. First Amendment Contract_Sagecrest_signed
3. Second Amendment_Sagecrest Planning+Environmental
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23152.06000\32391457.2
SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND
SAGECREST PLANNING+ENVIRONMENTAL
1. PARTIES AND DATE.
This Second Amendment to the Professional Services Agreement ( “Second Amendment”) is made and entered into this 16th day of August, 2022 by and between the City of Colton (“City”) and Sagecrest Planning+Environmental, a n S-Corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Second Amendment.
2. RECITALS.
2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated November 4, 2019 (“Agreement”), whereby Consultant agreed to provide planning project management consulting services.
2.2 First Am endment. On October 20, 2020, City and Consultant amended the Agreement for the First time to extend the term, increase compensation and amend the Scope of Services.
2.2 Amendment. City and Consultant desire to amend the Agreement for the Second time to extend the term to June 30, 2023.
2.3 Amendment Authority. This Second Amendment is authorized pursuant to Section 3.6.13 of the Agreement.
3. TERMS.
3.1 Section 3.1.2 Term . Section 3.1.2 of the Agreement is hereby deleted in its entirety and replaced with the following:
"The term of this Agreement shall be from November 4, 2019 to June 30, 202 3, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than one additional one -year term. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.”
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3.6 Continuing Effect of Agreement. Except as amended by this Second Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.
From and after the date of this Second Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Second Amendment.
3.7 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and ind ependent consideration for the performance of the obligations they have undertaken pursuant to this Second Amendment.
3.8 Severability. If any portion of this Second Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.9 Counterparts. This Second Amendment may be executed in duplicate originals, each of which is deemed to be an original , but when taken together shall constitute but o ne and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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23152.06000\32391457.2
SIGNATURE PAGE FOR SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND SAGECREST PLANNING+ENVIRONMENTAL
IN WITNESS WHEREOF, the Parties have entered into this Second Amendment to the Professional Services Agreement as of the day and year above written.
CITY OF COLTON
By: _________________________
William R. Smith
City Manager
Attest: _________________________
Carolina R. Padilla
City Clerk
SAGECREST PLANNING+ENVIRONMENTAL
an S-Corporation
By: _________________________
Signature
_________________________
Amy Vasquez
_________________________
President
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ITEM NO. 8
STAFF REPORT
DATE: AUGUST 16, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: MARK TOMICH, DIRECTOR
SUBJECT: APPROVE A CONTRACT AMENDMENT WITH WILLDAN
ENGINEERING FOR BUILDING INSPECTION, PERMIT
TECHNICIAN SUPPORT, AND CODE COMPLIANCE SUPPORT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Authorize the City Manager to execute the attached First Amendment to Professional Services Agreement (PSA) with Wi lldan Engineering to increase compensation to continue providing plan check, interim building inspection and permit technician support, and Code Compliance support services through December 19, 2022.
BACKGROUND
The Building Division serves and protects the public by ensuring building construction compliance with electrical, plumbing, mechanical, energy and security codes, state safety laws, disabled access, and City ordinances. The Building Official ensures c ompliance with state and local codes through oversight of the Permit Counter support services, plan review and building inspection functions and technical support to other City departments.
After many years of contracting with consultants to provide all services for the Building & Safety Division, these services were brought in-house in early 2014 with the authorized hiring of a Building Official and an Inspector, and subsequently, a Plans Examiner. Concurrent with hiring of Building & Safety Division staff, the City entered into contracts for suppl emental Permit Counter support services, plan review and building inspection functions , including building inspections associated with code enforcement cases.
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Staff Report to the Mayor and City Council
Contract Amendment - Willdan Engineering
August 16, 2022
On December 3, 2019, a contract was awarded to Willdan Engineering to provide said servi ces for up to a 3 -year term for $120,000 per year. The contract is in its final year and expires on December 19, 2022.
ISSUES/ANALYSIS
The annual budget for the Willdan Engineering contract is based on the estimated level of technical support services to be provided to the Building & Safety Division. However, the number and scope of building applications depends on market conditions in the building industry and follow-up from Planning permit entitlement activity. In addition, the level of permits counter and inspections support depends on the number of staff vacancies, the volume of construction activity and requests for support from other City departments and divisions , such as Code Compliance. The demand for consultant support for these services is expecte d to exceed the annual contract in August 2022. Therefore, in order to continue providing efficient and high quality service to our customers through the end of the contract term, a contract amendment for $85,000 is warranted. The cumulative amount of the amended contract will be $445,000.
FISCAL IMPACTS
Sufficient appropriations for contract building support services are available in the FY2022 -23 budget in General Fund Building Professional Services Account No. 100-6300-6302-2350-0000- 000.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. First Amendment_Willdan Engineering_8-16-22
2. Executed PSA 12-19-19_Willdan Engineering
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(BB&K: 10-19)
23152.06000\32391457.2
FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND WILLDAN ENGINEERING
1. PARTIES AND DATE.
This First Amendment to the Professional Services Agreement ( “First Amendment”) is made and entered into this 16th day of August, 2022 by and between the City of Colton (“City”) and Willdan Engineering, Inc. (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this First Amendment.
2. RECITALS.
2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated December 3, 2019 (“Agreement”), whereby Consultant agreed to provide Building & Safety support services for the Building & Safety Division of the Development Services Department.
2.2 Amendment. City and Consultant desire to amend the Agreement for the first time to increase compensation, requiring City Council approval.
2.3 Amendment Authority. This First Amendment is authorized pursuant to Section
3.3.1 “Compensation” and Section 3.3.4 “Extra Work” of the Agreement.
3. TERMS.
3.1 Compensation. Section 3. 3.1 of the Agreement is hereby deleted in its entirety and replaced with the following:
“Consultant shall receive co mpensation, including authorized reimbursements, f or all Services rendered under this Agreement at the rates set forth in Exhibit ”C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Four- Hundred Forty-Five Thousand Dollars ($445,000) without written approval of City Manager. The City Manager may authorize up to 5% in compensation without returning to City Council for authorization. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”
3.3 Continuing Effect of Agreement. Except as amended by this First Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.
From and after the date of this First Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Second Amendment.
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3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the perf ormance of the obligations they have undertaken pursuant to this Second Amendment.
3.5 Severability. If any portion of this First Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining prov isions shall continue in full force and effect.
3.6 Counterparts. This First Amendment may be executed in duplicate originals, each of which is deemed to be an original , but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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23152.06000\32391457.2
SIGNATURE PAGE FOR FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND WILLDAN ENGINEERING, INC.
IN WITNESS WHEREOF, the Parties have entered into this First Amendment to the Professional Services Agreement as of the day and year first above written.
CITY OF COLTON
By: _________________________
William R. Smith
City Manager
Attest: _________________________
Carolina R. Padilla
City Clerk
Willdan Engineering
a Corporation
By: _________________________
Patrick Johnson
Director of Building and Safety
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ITEM NO. 9
STAFF REPORT
DATE: AUGUST 16, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: AWARD OF ENGINEERING DESIGN CONTRACT TO STC
TRAFFIC, INC. FOR THE WASHINGTON STREET CLASS II
BICYCLE ROUTE PROJECT AND THE SAN BERNARDINO AVE.
STREET IMPROVEMENT PROJECT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve the award of Professional Service s Agreement contract to STC Traffic, Inc. for the preparation of engineering design for the Washington Street Class II Bicycle Route Project and the San Bernardino Ave. Street Improvement Project for $182,940; and
2. Authorize City Manager to execute the agreement.
BACKGROUND
Washington Street Class II Bicycle Route Project
The City received funding from San Bernardino County Transportation Authority (SBCTA) - TDA Article 3 funding for the Washington Street Class II Bicycle Route Project. The scope of the project includes installation of Class 2 bike lane along Washington Street from Mt. Vernon Ave. to Waterman Ave., and the bike lane striping gaps at Cooley (connection to Washington St.). The work includes pavement striping, legends, markings, and applic able bike route signs.
The Project is part of the City of Colton Active Transportation Plan (ATP) and the funding received is $223,300 with ten percent local match (Traffic Impact Fee) of $24,800. Attached (as Exhibit A) is the Project map from the City’s Active Transportation Plan.
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Staff Report to the Mayor and City Council
Contract Award - STC Traffic Inc.
August 16, 2022