Colton City Council
April 18, 2023

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
Kelly J. Chastain – District 2
Dr. Luis S. Gonzalez – District 3
John R. Echevarria – District 4

City Treasurer Aurelio De La Torre

City Manager William R. Smith
City Attorney Carlos Campos

AGENDA

CITY COUNCIL,

COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,

COLTON HOUSING AUTHORITY

REGULAR MEETING
TUESDAY, APRIL 18, 2023 – 5:00 P.M.

CITY HALL, COUNCIL CHAMBERS
CLOSED SESSION - 5:00 p.m.

CLOSED SESSION CALLED TO ORDER

ROLL CALL
PUBLIC COMMENT - Closed Session
This is the portion of the meeting specifically set aside to invite your comments regarding Closed Session 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 to 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.

Please state your name and your City of Residence before providing your comment.

2 A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
City of Colton v. Inland Memorial, Inc.

San Bernardino Superior Court, Case No.CIVSB2300169

CITY ATTORNEY ORAL REPORT ON CLOSED SESSION ACTIONS

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 member. 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.

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
 Business Recognition - J&F Auto Repair
 Recognition - Colton Rotary Club Speech Contest 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)

3 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 City Clerk a nd 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. (1) Fee Update - Community Services Department Fees - TIME AND PLACE FIXED TO CONSIDER A PUBLIC

HEARING TO APPROVE AND ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON

UPDATING THE MASTER FEE SCHEDULE FOR SERVICES PERFORMED BY THE COMMUNITY SERVICES DEPARTMENT, RESOLUTION NO. R-25-23.
[Staff Person: Deb Farrar]
Mayor announces the Public Hearing Open.

City Clerk submits the Affidavit of Publication and reports on protests or objections thereto.

Staff Presentation.

Public Comment.

After hearing public comment, on motion by Councilmember __________, seconded by Councilmember _________, the Public Hearing is terminated.

MOTION __________ SECOND __________

BUSINESS ITEMS
There are no Business Items.

4 PUBLIC COMMENT Limit 3 Minutes
This is the portion of the meeting specifically set aside to invite your comments regarding Consent Cal endar items and other general comments about matters not on the agenda; however, any matter that 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 to 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.

Please state your name and your City of Residence before providing your comment.

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.

(2) Minutes - Approval of Minutes for the City Council Regular Meetings Held on March 21, 2023 & April 04, 2023, on file in the Office of the City Clerk.
[Staff Person: Stephanie M. Vargas]
(3) Warrants - Approve US Bank voucher dated 02/22/2023 and totaling $31,717.90; voucher numbers 204588 to 204712 dated 03/16/2023 and totaling $2,055,349.47; voucher numbers 204713 to 204823 dated 03/23/2023 and totaling $835,080.14 and a payroll disbursement listing dated 02/18/2023 to 03/03/2023 and totaling $912,784.83.
[Staff Person: Stacey Dabbs]
(4) Agreement - Blais & Associates - Approve a Professional Services Agreement with Blais & Associates Gran t Writing Services for Completion of California Governor's Office of Emergency Services Hazard Mitigation Grant Program Notice of Intent.
[Staff Person: Brian Dickinson]
(5) Contract Award - Corona Coatings Corp. - Award Construction Contract to Corona Coatings Corp. for the FY2022-23 Citywide Roof Repair Project.
[Staff Person: Brian Dickinson]
(6) Contract Award - GovInvest - Enter into a Master Software as a Service (SaaS) Services Agreement with GovInvest, Inc. for Labor Costing and Compensation Benchmarking Software Modules. [Staff Person: Stacey Dabbs]
(7) Grant - 2019 Justice Assistance Grant - Approve City Manager Authority to Accept 2019 Justice Assistance Grant Award (JAG) and its Accompanying Interlocal Agreement, Approve Resolution, and Purcha se of Nine (9) Bolawrap Devices, Holsters, and Cartridges, RESOLUTION NO. R-21-23. [Staff Person: Hank Dominguez]

5 (8) Grant - 2020 Justice Assistance Grant - Approve City Manager Authority to Accept 2020 Justice Assistance Grant Award (JAG) and its Accompanying Interlocal Agreement, Approve Resolution, and Purchase of Two Portable Honda Generators and Related Equipment, RESOLUTION NO. R-22-23. [Staff Person: Hank Dominguez]
(9) Grant - 2021 Justice Assistance Grant - Approve City Manager Authority to Accept 2021 Justice Assistance Grant Award (JAG) and its Accompanying Interlocal Agreement, Approve Resolution, and Purchase of One Enclosed Vehicle Trailer, RESOLUTION NO. R-23-23.
[Staff Person: Hank Dominguez]
(10) Grant - CA State Parks & Recreation - Approve and Adopt a Resolution Approving Application for Statewide Park Specified Local Grant Funds for the Colton Sports Complex Development and Luque Center Improvements and Amend the FY 2022-2023 Budget to Accept Grant Funds, RESOLUTION NO. R-31-23. [Staff Person: Deb Farrar]
(11) Grant - Land & Water Conservation Fund - Approve Resolution to Authorize Application to Land and Water Conservation Fund for Chavez Park Renovation and Approve Professional Services Agreement for Blais & Associates for Grant Writing Services, RESOLUTION NO. R-32-23. [Staff Person: Deb Farrar]
(12) Purchase - Haaker Equipment Company - Approve and Adopt Resolution to Purchase a Trailer Mounted Vactor Unit for the Storm Water Division of the Public Works and Utility Services Dep artment, RESOLUTION NO. R-27-23.
[Staff Person: Brian Dickinson]
(13) Second Reading of Ordinance No. O-03-23 - Waive Full Reading, Read By Title Only and Approve Second Reading of an Ordinance of the City Council of the City of Colton, California, to Ame nd, Repeal and Replace Title 16 Subdivision Ordinance of the City of Colton Municipal Code Including Urban Lot Splits and Two -Unit Projects to Implement Laws Enacted by SB 9 and Determining the Ordinance to be Exempt From CEQA. (File Index No. Dap-001-723), ORDINANCE NO. O-03-23.
[Staff Person: Stephanie M. Vargas]

MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor and Council on various issues and activities throughout the community. Comments shall be limited to 5 Minutes per speaker.

CITY MANAGER'S REPORTS

ADJOURNMENT

6 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 C lerk 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 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 r ules 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 member. 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 Ci ty 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 inquiry 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.

7 In compliance 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 t o 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 t hose issues you or someone else raised during the meeting 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: APRIL 18, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: DEB FARRAR, COMMUNITY SERVICES DIRECTOR
SUBJECT: TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO

APPROVE AND ADOPT A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF COLTON UPDATING THE MASTER FEE

SCHEDULE FOR SERVICES PERFORMED BY THE COMMUNITY
SERVICES DEPARTMENT, RESOLUTION NO. R-25-23.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1) Approve and Adopt Resolution R-25-23, updating the Community Services Department Fee Schedule for implementation on May 15, 2023 with the release of the 2023 Summer edition of the Colton Connection.

BACKGROUND

Each year with the Annual Bud get preparation process, the Community Services Department reviews all fees and costs associated with offered programs and activities. The CSD Fee Schedule was last updated with Council Approval on June 7, 2022.

ISSUES/ANALYSIS

The Community Services D epartment has the largest contingency of part -time, entry -level employees in the City. With the recent mandated minimum wage increase due to the high rate of inflation, the part -time labor budget has increased. In order to maintain appropriate levels of service, certain fees are being recommended for increase in direct alignment with the cost of labor and supply cost increase.

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Staff Report to the Mayor and City Council
Fee Update - Community Services Department Fees
April 18, 2023

Staff benchmarked specific fees against agencies serving similar communities and has developed a consistent way to evaluate fees. See the attached detailed worksheet that lists last year’s fees alongside recommendations for FY 202 3-2024. Recommended fee increases are in direct correlation to the increase required to provide the service or program to the community and there are no significant changes to the Fee Schedule.

The proposed updated Master Fee Schedule was presented at the Recreation and Parks Commission meeting on February 17, 2023 for discussion and brought back to the Commission on March 15, 2023 where it was approved and recommended to City Council . No changes were made to Library or Early Care & Education programs.

Staff recommends the approval of the fees listed on Exhibit A of Resolution R -25-23, updating the Community Services Department Fee Schedule for implementation on May 15, 2023 with the release of the summer edition of the Colton Connection.

FISCAL IMPACTS

If all fees are approved as recommended, we anticipate an increase in revenue in correlation to the increase in labor and supply costs.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. R-25-23 RESO - CSD Fee Update

2. FY 23-24 CSD Fee Schedule.Exhibit A

3. 2023 CSD Master Fee Schedule Update Presentation

4. CSD Fee Recommendation Worksheet

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RESOLUTION NO. R-25-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COL TON

UPDATING THE MASTER FEE SCHEDULE FOR SERVICES PROVIDED BY

THE COMMUNITY SERVICES DEPARTMENT

WHEREAS, the City Council has previously approved a Master Fee Schedule for the Community Services Department on June 7, 2022; and

WHEREAS, with the rising cost of supplies and equipment and the increase in staffing costs mandated by minimum wage laws , updated fees are necessary to meet the same service levels; and

WHEREAS, a properly noticed public hearing was held on April 18, 2023 to receive public comments on the proposed changes to the Community Services Department fees and charges.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1: Adoption of Fees and Charges . The fees and charges set forth in Exhibit “A” attached hereto and incorporated herein by reference shall take effect and be in force according to law.

SECTION 2: Effective Date of Resolution. The Mayor shall sign this Resolution and the City Clerk shall attest thereto, and thereafter this Resolution shall take effect immediately.

PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF APRIL, 2023.

________________________________________
FRANK J. NAVARRO
Mayor

ATTEST:

STEPHANIE M. VARGAS
Deputy City Clerk

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Attachment: R-25-23 RESO - CSD Fee Update (3916 : Fee Update - Community Services Department Fees)

RECREATION DESCRIPTION RESIDENT NON-RESIDENT
Adult Sports Adult Sport- Returning 381 381
Adult Sports Adult Sport - New 423 423
Adult Sports Free Agent Fee 45 60
Aquatics Daily Recreation Swim - Children 3 3
Aquatics Daily Recreation/ Lap Swim - Adult 6 6
Aquatics Summer Recreational Swim Pass- Youth (0-17 years)-25 Sessions 63 71 Aquatics Summer Rec/Lap Swim Pass- Adult- 25 Sessions 126 142 Aquatics Swim Lessons 74 91
Aquatics Pre-Competition Level 97 120
Aquatics Adult Swim Class 86 107
Aquatics Semi-Private Swim Lesson (up to 3 participants) 110 135 Aquatics Private Swim Lesson 164 204
Classes FA/CPR/AED 67 72
Classes Contract Class Fees Vary Vary
Day Camp Weekly Fee (5 days) - Youth (ages 6-14) 123 154 Day Camp Weekly Fee (5 days) - Tots (ages 3-5) 97 114
Day Camp Youth Camp - 9 week package 952 1184
Day Camp Youth Camp - 4 consecutive weeks package 447 557 Day Camp Tot Camp - 6 week package 496 579
Day Camp Tot Camp - 4 consecutive weeks package 348 468 Day Camp Youth Camp - Extended Care Fee 42 42
Day Camp Youth Camp - Daily Fee 37 42
Day Camp Extended Care-Swim Lessons Bundle 64 64
Excursions Trip Fee Range ($20-60) add $5
Membership Daily Pass 4 6
Military Banner New Banner 475 475
Military Banner Replacement Banner 200 200
Military Banner Relocation 120 120
Miscellaneous Brochure Fee 1 1
Miscellaneous Active.com Transaction Fee
Miscellaneous Non Resident Fee - Contract Classes (+25%) Miscellaneous P/T Staff Fee (per hour/ per staff) 26 34 Miscellaneous Coupons / Promotions
Miscellaneous City Employee Discount
Miscellaneous Gift Certificates
Reservations Reservation Application Fee 53 84
Reservations Park Rental Application Fee - NEW 25 40
Reservations Banquet Event - Gonzales / Luque 90 137
Reservations Banquet Event - Hutton Main Room / Hutton Patio 113 170 Reservations Banquet Event- Gymnasium/ Boxing Gym (Minimum - 3 hours) 153 231 Reservations Gymnasium - Athletic use (per court-per hour) 79 119 Reservations Food Service Equipment (Coffee Pot, Drink Dispenser & Etc.) Reservations Funeral Discount - During Business Hours (Maximum of 2 hours) 0 Staff Time Reservations Funeral Discount - Outside of Business Hours Staff Time Reservations Meeting - Gonzales/ Luque 72 109
Reservations Meeting - Hutton Main Room/ Hutton Patio 102 152 Reservations Kitchen - Gonzales/ Teen Center (per day) 55 82 Reservations Warming Kitchen - Hutton/ Luque (per day) 79 119 Reservations Hutton Center Patio - add on to Main Room Rental 48 72

25 (as needed)
(as needed)
5% off Resident Rate
(+) 7% each transaction

CITY OF COLTON EXHIBIT A
Community Services Department - FY 23-24 Fee Schedule Effective May 15,2023

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Attachment: FY 23-24 CSD Fee Schedule.Exhibit A (3916 : Fee Update - Community Services Department Fees)

RECREATION DESCRIPTION RESIDENT NON-RESIDENT
Reservations ROR Party Package A (two hours/15 participants) 242 362 Reservations ROR Party Package B (two hours/30 participants) 302 453 Reservations ROR Party Package (Additional Hours) 97 145 Reservations ROR Party Package
(Additional Staff-per additional 15 persons) 26 34
Reservations ROR Party Package - Picnic Shelter Add On 61 97 Reservations Recreation Party Package A (two hours/15 participants) 211 316 Reservations Recreation Party Package B (two hours/30 participants) 272 408 Reservations Recreation Party Package (Additional Hours) 85 119 Reservations Recreation Party Package (Additional Staff-per additional 15) 26 34 Reservations Teen Center - Party Package (2 hours/15 persons) 302 447 Reservations Teen Center Party Package (Additional Hours) 121 181 Reservations Teen Center Party Package (Additional Staff- per additional 15) 26 34 Reservations Aquatic Facility - (2 hours with 4 lifeguards) 371 593 Reservations Aquatic Facility - Additional Hours
Reservations Aquatic Facility - Additional Staff
Reservations Athletic Field Allocation Fee- per league per season 300 650 Reservations Athletic Field Usage - Youth Groups (Non-Profit) Reservations Athletic Field Usage - Youth Groups (For Profit) 15 32 Reservations Athletic Field Usage (per hour) - Adult Groups 35 70 Reservations Athletic Field Lighting Fee (per hour) 22 43 Reservations Picnic Shelter (per day) 79 124
Reservations Fleming Park Bandshell (per day) 302 423
Reservations Equipment Rental - Tablecloths (each/per day) 7 10 Reservations Equipment Rental - Decorative Arch. Podium/Easel (each/per day) Reservations Non-Profit Discount- Rentals during open hours 50% 25% Reservations Non-Profit Discount- Rentals outside of open hours Reservations Cleaning Fee (all facilities/equipment)
Reservations Security Deposit (Parks)
Reservations Security Deposit (Centers)
Reservations Equipment Rental - Stage Rental (per day)
Reservations Equipment Rental- Audio-Visual Equipment (as available/per hr) Reservations Pipe & Drape Walls
Senior (50+) Dances
Senior (50+) BINGO Daily Fee (1 card)
Senior (50+) Membership Fee - Quarterly 20 25
Senior (50+) Membership Fee- Quarterly- Veterans 16 21
Senior (50+) Daily 50+ Club Fee 2 4
Senior (50+) Senior Sport 128 159
Special Event Application Fee 184 299
Special Event Application Fee (Non Profit) 79 105
Special Event Vendors - Food (Event attendance 50-2,000) 35 35 Special Event Vendors - Business/ Corporations (Event attendance 50-2,000) 57 57 Special Event Vendors - Nonprofit (Event attendance 50-2,000) 0 0 Special Event Vendors - Arts/Crafts/Small Business (Event attendance 50-2,000) 0 29 Special Event Street Closure (Per Street) 144 273
Special Event Access to Electricity 144 273
Teens Special Events & Excursions
Tiny Tots Fee Per Class Session 13 16

CITY OF COLTON EXHIBIT A
Community Services Department - FY 23-24 Fee Schedule Effective May 15,2023

0.50 VARIES
$20-$250
$7-$15
257
65 302
105
210
25 Staff Time Cost
50% Discount
170
170

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Attachment: FY 23-24 CSD Fee Schedule.Exhibit A (3916 : Fee Update - Community Services Department Fees)

RECREATION DESCRIPTION RESIDENT NON-RESIDENT
Youth Sports Basketball / Football (10 Game Season) 107 135 Youth Sports Teen Basketball (8 Game Season) 96 116
Youth Sports Late fee for registration established deadline 10 10 Youth Sports Sports Clinic 64 79
Youth Sports Youth Sports Class/ Program (6 Week Session) 79 90

CHILDCARE DESCRIPTION RESIDENT

NON-RESIDENT
Registration Fee (per family, at enrollment) 35 Childcare Field Trip (Optional) 25
Late Pick-up Charge (for every 1-15 minutes late) 8 Late Payment Charge (after the 25th of each month) 25 Part-Time Care Rate .25 - 6.25 hours per day 20 Full-Time Care Rate 6.5 or more hours per day 30 Sibling Discount (for additional family members)

LIBRARY DESCRIPTION RESIDENT NON-RESIDENT
Cards Library Cards FREE FREE
Cards Replacement Card $ 1.50 5 $
Overdue/Late Materials (per day) Inter-Library Loan Materials $ 2 2 $ Overdue/Late Materials (per day) AV Material Returned Outside $ 1 1 $ Damage Audio Books - Album/CD Case $ 5 5 $ Damage Audio Books - Missing Barcode, Due Date Card/Pocket $ 2 2 $ Damage DVD's/CD's - Outer Plastic Case (single) $ 2 2 $ Damage DVD's/CD's - Outer Plastic Case (double) $ 4 4 $ Damage DVD's/CD's - Missing Barcode, Due Date Card/Pocket $ 2 2 $ Damage Minor Damage Repair $ 2 2 $
Replacement Periodicals $ 7 7 $
Replacement Replacement Hardbound - Adult & Young Adult $ 26 26$ Replacement Hardbound - Children's $ 20 20$
Replacement Paperback - Adult & Young Adult (standard) $ 10 10$ Replacement Paperback - Adult & Young Adult (oversize) $ 21 21$ Replacement Paperback - Children's $ 10 10$
Replacement Read-a-Longs - CD's $ 26 26$
Replacement Read-a-Longs - Paperback $ 8 8 $ Replacement Audio Materials - Audio Books $ 45 45$ Replacement Audio Materials - DVD's $ 25 25$ Replacement Audio Materials - CD's $ 15 15$
Room Rental Meeting Room - 1st Hour $ 77 155$ Room Rental Meeting Room - Each Additional Hour $ 61 72$ Print Fees Black and White Prints $ 0.25 $ 0.25 Print Fees Color Prints $ 0.50 $ 0.50

CITY OF COLTON EXHIBIT A
Community Services Department - FY 23-24 Fee Schedule Effective May 15,2023 15% of total bill

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Attachment: FY 23-24 CSD Fee Schedule.Exhibit A (3916 : Fee Update - Community Services Department Fees) Update to Department
Master Fee Schedule
PROPOSED FOR FISCAL YEAR 2023- 2024

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Attachment: 2023 CSD Master Fee Schedule Update Presentation (3916 : Fee Update - Existing Master Fee Schedule was approved by City
Council on June 7, 2022
Anticipate the need to update fees each year in relation to required wage increase and the increase costs of
goods and services.
All recommended fees will go before the City Council for approval on at the second meeting in April, if approved by the Parks & Recreation Commission.
The approved Master Fee Schedule will go into effect on May 15, 2023 with the release of the Summer Colton
Connection.

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Attachment: 2023 CSD Master Fee Schedule Update Presentation (3916 : Fee Update - ALL DIRECT SERVICE FEES INCREASED BY 5%
Minimum Wage Increase
Goods & Services Increase

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Attachment: 2023 CSD Master Fee Schedule Update Presentation (3916 : Fee Update - Minimum Wage Increased due to inflation rate
 $15.00 per hour to $15.50 per hour
Part-Time Payroll
3.3% increase in all Part Time Staffing costs
Most Recreation Programs are personnel based:
 Swim Lesson Program, Youth Basketball,
Summer Day Camp, P. A .W. Sin the Park
Mandatory Minimum Wage Increase

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Attachment: 2023 CSD Master Fee Schedule Update Presentation (3916 : Fee Update - Supply Costs Increased due to inflation rate
 1.7% increase for goods and services
Active.net Transaction Fee Increase
 0.5% increase

RISING COST OF GOODS & SERVICES

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Attachment: 2023 CSD Master Fee Schedule Update Presentation (3916 : Fee Update -

NEW FEES ADDED TO FEE SCHEDULE
Adult Sports: Free Agent Fee
Reservations: Park Rental Application Fee
Teens: Special Event Entrance Fee

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Attachment: 2023 CSD Master Fee Schedule Update Presentation (3916 : Fee Update - Any Questions?

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Attachment: 2023 CSD Master Fee Schedule Update Presentation (3916 : Fee Update -

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Attachment: 2023 CSD Master Fee Schedule Update Presentation (3916 : Fee Update -

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Attachment: 2023 CSD Master Fee Schedule Update Presentation (3916 : Fee Update -

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Attachment: 2023 CSD Master Fee Schedule Update Presentation (3916 : Fee Update -

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Attachment: 2023 CSD Master Fee Schedule Update Presentation (3916 : Fee Update -

RECREATION DESCRIPTION RESIDENT NON-RESIDENT RESIDENT NON-RESIDENT DETAILS Adult Sports Adult Sport- Returning 368 368 381 381
Adult Sports Adult Sport - New 403 403 423 423
Adult Sports Free Agent Fee 45 60 Individual fee for Adult Sports Programs Aquatics Daily Recreation Swim - Children 3 3 3 3
Aquatics Daily Recreation/ Lap Swim - Adult 6 6 6 6
Aquatics Summer Recreational Swim Pass- Youth (0-17 years)-25 Sessions 60 68 63 71 Aquatics Summer Rec/Lap Swim Pass- Adult- 25 Sessions 120 135 126 142 Aquatics Swim Lessons 70 87 74 91
Aquatics Pre-Competition Level 92 114 97 120
Aquatics Adult Swim Class 82 102 86 107
Aquatics Semi-Private Swim Lesson (up to 3 participants) 105 129 110 135 Aquatics Private Swim Lesson 156 194 164 204
Classes FA/CPR/AED 67 72 67 72
Classes Contract Class Fees Vary Vary Vary Vary
Day Camp Weekly Fee (5 days) - Youth (ages 6-14) 117 147 123 154 Day Camp Weekly Fee (5 days) - Tots (ages 3-5) 92 109 97 114 Day Camp Youth Camp - 9 week package 907 1128 952 1184
Day Camp Youth Camp - 4 consecutive weeks package 426 530 447 557 Day Camp Tot Camp - 6 week package 472 551 496 579
Day Camp Tot Camp - 4 consecutive weeks package 331 446 348 468 Day Camp Youth Camp - Extended Care Fee 40 40 42 42
Day Camp Youth Camp - Daily Fee 35 40 37 42
Day Camp Extended Care-Swim Lessons Bundle 61 61 64 64
Excursions Trip Fee Range ($20-60) add $5 ($20-60) add $5 Membership Daily Pass 4 6 4 6
Military Banner New Banner 475 475 475 475
Military Banner Replacement Banner 200 200 200 200
Military Banner Relocation 120 120 120 120
Miscellaneous Brochure Fee 1 1 1 1
Miscellaneous Active.com Transaction Fee Increased Fees from Vendor Miscellaneous Non Resident Fee - Contract Classes (+25%) (+25%) Miscellaneous P/T Staff Fee (per hour/ per staff) 25 32 26 34 Based on ONE PT staff-Full Cost Recovery Miscellaneous Coupons / Promotions
Miscellaneous City Employee Discount
Individual fees only, not teams or
packages
Miscellaneous Gift Certificates
RED Text- Change in fee NEW FEE
(as needed)

REMOVED FEE

RECOMMENDED
FEES
(+) 7% each transaction
(as needed)
5% off Resident Rate
Increased due to Part Time Staff wage
increase
Increased due to Part Time Staff wage
increase
Increased due to Part Time Staff wage
increase
City Council Approved
2022

CITY OF COLTON
Community Services Department - FY 23-24 Fee Schedule
(+) 6.5% each transaction
(as needed)
BLACK Text- NO Change
5% off Resident Rate
(as needed)

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Attachment: CSD Fee Recommendation Worksheet (3916 : Fee Update - Community Services Department

RECREATION DESCRIPTION RESIDENT NON-RESIDENT RESIDENT NON-RESIDENT DETAILS Reservations Reservation Application Fee 50 80 53 84
Increased due to Part Time Staff wage
increase
Reservations Park Rental Application Fee - NEW 25 40 Not currently charging Park Rental Applicants Reservations Banquet Event - Gonzales / Luque 86 130 90 137 Reservations Banquet Event - Hutton Main Room / Hutton Patio 108 162 113 170 Reservations Banquet Event- Gymnasium/ Boxing Gym (Minimum - 3 hours) 146 220 153 231 Reservations Gymnasium - Athletic use (per court-per hour) 75 113 79 119 Reservations Food Service Equipment (Coffee Pot, Drink Dispenser & Etc.) Reservations Funeral Discount - During Business Hours (Maximum of 2 hours) 0 Staff Time 0 Staff Time Reservations Funeral Discount - Outside of Business Hours Staff Time Staff Time Reservations Meeting - Gonzales/ Luque 69 104 72 109
Reservations Meeting - Hutton Main Room/ Hutton Patio 97 145 102 152 Reservations Kitchen - Gonzales/ Teen Center (per day) 52 78 55 82 Reservations Warming Kitchen - Hutton/ Luque (per day) 75 113 79 119 Reservations Hutton Center Patio - add on to Main Room Rental 46 69 48 72 Reservations ROR Party Package A (two hours/15 participants) 230 345 242 362 Reservations ROR Party Package B (two hours/30 participants) 288 431 302 453 Reservations ROR Party Package (Additional Hours) 92 138 97 145 Reservations ROR Party Package (Additional Staff-per additional 15 persons) 25 32 26 34 Reservations ROR Party Package - Picnic Shelter Add On 58 92 61 97 Reservations Recreation Party Package A (two hours/15 participants) 201 301 211 316 Reservations Recreation Party Package B (two hours/30 participants) 259 389 272 408 Reservations Recreation Party Package (Additional Hours) 81 113 85 119 Reservations Recreation Party Package (Additional Staff-per additional 15) 25 32 26 34 Reservations Teen Center - Party Package (2 hours/15 persons) 288 426 302 447 Reservations Teen Center Party Package (Additional Hours) 115 172 121 181 Reservations Teen Center Party Package (Additional Staff- per additional 15) 25 32 26 34 Reservations Aquatic Facility - (2 hours with 4 lifeguards) 353 565 371 593 Reservations Aquatic Facility - Additional Hours
Reservations Aquatic Facility - Additional Staff
Reservations Athletic Field Allocation Fee- per league per season 300 650 300 650 Applies to all leagues whose fees are waived Reservations Athletic Field Usage - Youth Groups (Non-Profit) Does not apply to existing youth groups Reservations Athletic Field Usage - Youth Groups (For Profit) 14 30 15 32 Reservations Athletic Field Usage (per hour) - Adult Groups 33 67 35 70 Reservations Athletic Field Lighting Fee (per hour) 21 41 22 43 Does not apply to existing youth groups Reservations Picnic Shelter (per day) 75 118 79 124
Reservations Fleming Park Bandshell (per day) 288 403 302 423 RED Text- Change in fee NEW FEE
25 City Council Approved
2022
Does not include Refundable Deposit or
Additional Amenities
25 RECOMMENDED
FEESCommunity Services Department - FY 23-24 Fee Schedule PAGE 2
Increased due to Part Time Staff wage
increase
Increased due to Part Time Staff wage
increase
162
162
Increased due to Part Time Staff wage
increase
Increased due to Part Time Staff wage
increase
50% Discount
170
170
50% Discount
REMOVED FEEBLACK Text- NO Change

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Attachment: CSD Fee Recommendation Worksheet (3916 : Fee Update - Community Services Department

RECREATION DESCRIPTION RESIDENT NON-RESIDENT RESIDENT NON-RESIDENT DETAILS Reservations Equipment Rental - Tablecloths (each/per day) 7 10 7 10 Reservations Equipment Rental - Decorative Arch. Podium/Easel (each/per day) Reservations Non-Profit Discount- Rentals during open hours 50% 25% 50% 25% Reservations Non-Profit Discount- Rentals outside of open hours Reservations Cleaning Fee (all facilities/equipment)
Reservations Security Deposit (Parks)
Reservations Security Deposit (Centers)
Reservations Equipment Rental - Stage Rental (per day)
Reservations Equipment Rental- Audio-Visual Equipment (as available/per hr) Reservations Pipe & Drape Walls Based on number of installed panels.

Senior (50+) Dances
Senior (50+) BINGO Daily Fee (1 card)
Senior (50+) Membership Fee - Quarterly 20 25 20 25
Senior (50+) Membership Fee- Quarterly- Veterans 16 21 16 21 Senior (50+) Daily 50+ Club Fee 2 4 2 4
Senior (50+) Senior Sport 122 151 128 159
Special Event Application Fee 175 285 184 299
Special Event Application Fee (Non Profit) 75 100 79 105 Special Event Vendors - Food (Event attendance 50-2,000) 33 33 35 35 Special Event Vendors - Business/ Corporations (Event attendance 50-2,000) 54 54 57 57 Special Event Vendors - Nonprofit (Event attendance 50-2,000) 0 0 0 0 Special Event Vendors - Arts/Crafts/Small Business (Event attendance 50-2,000) 0 28 0 29 Special Event Street Closure (Per Street) 137 260 144 273 Special Event Access to Electricity 137 260 144 273
Teens Special Events Entry fee for large program events Tiny Tots Fee Per Class Session 12 15 13 16
Youth Sports Basketball / Football (10 Game Season) 102 129 107 135 Youth Sports Teen Basketball (8 Game Season) 91 110 96 116 Youth Sports Late fee for registration established deadline 10 10 10 10 Youth Sports Sports Clinic 61 75 64 79
Youth Sports Youth Sports Class/ Program (6 Week Session) 75 86 79 90 RED Text- Change in fee NEW FEE
$20-$250
$7-$15

0.50 REMOVED FEE
Community Services Department - FY 23-24 Fee Schedule
PAGE 3
City Council Approved
2022
Increased due to Part Time Staff wage
increase
Staff Time Cost
Increased due to Part Time Staff wage
increase.
245 257
65 25
Staff Time Cost
302
105
210

RECOMMENDED
FEES

0.50 100
62 200
288
$7-$15
25 $20-$250
Increased due to Part Time Staff wage
increase
Increased due to Part Time Staff wage
increase
BLACK Text- NO Change
Increased due to Part Time Staff wage
increase
$7-$15

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Attachment: CSD Fee Recommendation Worksheet (3916 : Fee Update - Community Services Department

CHILDCARE DESCRIPTION
Registration Fee (per family, at enrollment) 35 35 Childcare Field Trip (Optional) 25 25 Late Pick-up Charge (for every 1-15 minutes late) 8 8 Late Payment Charge (after the 25th of each month) 25 25 Part-Time Care Rate .25 - 6.25 hours per day 20 20 Full-Time Care Rate 6.5 or more hours per day 30 30 Sibling Discount (for additional family members)
RED Text- Change in fee NEW FEE

RECOMMENDED
FEESCommunity Services Department - FY 23-24 Fee Schedule City Council Approved 2022
BLACK Text- NO Change
15% of total bill 15% of total bill

REMOVED FEE
PAGE 4

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Attachment: CSD Fee Recommendation Worksheet (3916 : Fee Update - Community Services Department

ITEM NO. 2

STAFF REPORT

DATE: APRIL 18, 2023
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 MEETINGS HELD ON MARCH 21, 2023 & APRIL 04, 2023, 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 March 21, 2023 & April 4, 2023.

BACKGROUND

Minutes for the City Council Regular Meetings Held on March 21, 2023 and April 4, 2023.

FISCAL IMPACTS

None

ATTACHMENT

1. 03-21-2023 Draft Minutes

2. 04-04-2023 Draft Minutes
2 Packet Pg. 29
2023 March 07 CC/CUA/CPFA/CHA MEETING 1 -

CITY COUNCIL/COLTON UTILITY AUTHORITY/

COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY

REGULAR MEETING MINUTES

March 21, 2023

Regular Meeting held on the above -given date at 6 :00 p.m. in the Council Chamber of City Hall, with Mayor Navarro presiding.

INVOCATION: Pastor Conrad Valdez - Echoes of Love Ministry FLAG SALUTE: Mayor Pro Tem David Toro

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
Kelly J. Chastain Stephanie M. Vargas, Deputy City Clerk Dr. Luis S. González
John R. Echevarria

Council Members Absent
None

CEREMONIAL MATTERS
Presentations, Awards, Proclamations

 Recognition - CHS Football All-Stars
CM González presented Certificates of Recognition on behalf of the Mayor and City Council to Colton Suchil and Xavier Sandoval for their athletic accomplishments.

MAYOR AND COUNCIL ITEMS

POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETI NG OF MARCH 21, 2023.

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.

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
 Commission Code Compliance and Housing Appeals Board (CCHAB) - District 3 - George Botello Appointment moved to April 4, 2023 Council Meeting.

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Attachment: 03-21-2023 Draft Minutes (3941 : Draft Minutes 03-21-23 & 04-04-23) 2023 March 07 CC/CUA/CPFA/CHA MEETING 2 -

PUBLIC HEARINGS

(1) Weed Abatement Public Hearing

TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO DISCUSS THE CITY’S WEED ABATEMENT PROGRAM.

Mayor Navarro declared the Public Hearing open.

The Deputy City Clerk Vargas submitted the Notice of Public Hearing (on file in the City Clerk’s Office) and there were no reports of protests or objections thereto.

Staff Presentation
Fire Marshall Ray Bruno presented for Council an update and overview of the agenda item and requested approval of staff’s recommendation.

Public Comment
The following community members addressed the Council: Pam Lemos.

Motion and Second by CM González/MPT Toro to close the public hearing.

Vote: Unanimous

Council Discussion
Discernment and discussion between Mayor and Councilmembers present, with clarification provide by staff:

Fire Marshall Ray Bruno and City Manager Bill Smith.

Motion and Second by MPT Toro/ CM González to move forward the Weed Abatement program.

Vote: Unanimous

(1) Title 16 Subdivision Ordinance

WAIVE FULL READING, READ BY TITLE ONLY AND PASS FIRST READING OF AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, TO AMEND, REPEAL AND REPLACE TITLE 16 SUBDIVISION ORDINANCE OF THE CITY OF COLTON

MUNICIPAL CODE INCLUDING URBAN LOT SPLITS AND TWO -UNIT PROJECTS TO IMPLEMENT LAWS ENACTED BY SB 9 AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA. (FILE INDEX NO. DAP-001-723), ORDINANCE NO. O-03-23.

Public Hearing not opened, item moved to April 4, 2023 Council Meeting.

***************************************************************************

PUBLIC COMMENT
The following community members addressed the Council: Pam Lemos, Gary Grossich.

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Attachment: 03-21-2023 Draft Minutes (3941 : Draft Minutes 03-21-23 & 04-04-23) 2023 March 07 CC/CUA/CPFA/CHA MEETING 3 -

CONSENT CALENDAR

Mayor Navarro presents the Consent Calendar Items 3 through 15.

Motion and Second by CM Chastain/ CM Echevarria to approve consent calendar Items 3 through 15.

Vote: Unanimous, Motion Passes.

(3) Warrants - Approve US Bank voucher dated 01/26/2023 and totaling $35,553.61; voucher numbers 204051 to 204172 dated 02/16/2023 and totaling $477,874.18; voucher numbers 204173 to 204286 dated 02/23/2023 and totaling $1,356,663 and a payroll disbursement listing dated 01/07/2023 to 01/20/2023 and totaling $916,233.86.

(4) City Treasurer's Report - Receive and File City Treasurer's Report for December 2022.

(5) Annual Housing Progress Report - 2022 - Approve and Adopt a Resolution Adopting the Annual Housing Progress Report for 2022, RESOLUTION NO. R-24-23.

(6) Contract Amendment - CNS Engineering, Inc. - Approve Amendment No. 2 for Professional Services Agreement with CNS Engineers, Inc. for Waterline Relocation Design and Truck Detour Study for the Barton Bridge Removal and Road Construction Project.

(7) Contract Amendment - Hardy Harper Citywide Asphalt Paving - Approve and Adopt Resolution Approving Contract Amendment No. 1 to Hardy & Harper Inc., for the City Wide Asphalt Paving Project, RESOLUTION NO. R-20-23.

(8) Contract Award - Brickley Environmental - Award Contract to Brickley Construction Company, Inc. for Mold and Asbestos Removal Services at Fire Station #212, RESOLUTION NO. R-19-23.

(9) Contract Award - Lee & Ro Inc. - Award of Contract to Lee & Ro Inc. for the Center Street Sewage Lift Station Project.

(10) Notice of Completion - Gonzalez Center Generator Project - Approve a Notice of Completion for Gonzalez Center Generator Project.

(11) Notice of Completion - HSIP Crosswalk Improvements - Approve a Notice of Completion for the HSIP Crosswalk Improvement Project.

(12) Notice of Completion - Hutton Center Patio Improvements - Approve a Notice of Completion for the Hutton Center Patio Improvements Project.

(13) Purchase - National Auto Fleet Group - Authorize Piggyback on the State of California's Bid Award to National Auto Fleet Group, for the Purchase of Vehicles in the Public Works & Utility Services Department.
(14) Purchase - Quinn Company - Approve and Adopt a Resolution to Purchase a Compact Track Loader for the Storm Water Division, RESOLUTION NO. R-18-23.

(15) Stop Sign - Coro Drive at Poema Avenue - Approve Installation of Stop Control devices along Coro Drive at the intersection of Poema Avenue.

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Attachment: 03-21-2023 Draft Minutes (3941 : Draft Minutes 03-21-23 & 04-04-23) 2023 March 07 CC/CUA/CPFA/CHA MEETING 4 -

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 6:44 p.m.. Mayor Navarro adjourned the Regular Council Meeting.

_________________________________
Stephanie M. Vargas
Deputy City Clerk

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Attachment: 03-21-2023 Draft Minutes (3941 : Draft Minutes 03-21-23 & 04-04-23) 2023 March 07 CC/CUA/CPFA/CHA MEETING 1 -

CITY COUNCIL/COLTON UTILITY AUTHORITY/

COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY

REGULAR MEETING MINUTES

April 04, 2023

Closed Session Meeting held on the above given date at 5:00 p.m., in the Council Chamber of City Hall, with Mayor Navarro presiding.

CITY COUNCIL ROLL CALL
Councilmembers present were Toro, Chastain, González, Echevarria, and Mayor Navarro.

STAFF PRESENT
City Manager Smith, City Attorney Campos, and Deputy City Clerk Vargas

PUBLIC COMMENT
None

CLOSED SESSION
City Attorney Campos announced the City Council would meet in Closed Session to Discuss Items A and B.

A. THREAT TO PUBLIC SERVICES
Consultation regarding COVID-19 (Coronavirus) Impacts to Public Facilities and Services

B. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representatives: Bill Smith, City Manager Employee Groups: Teamsters - General Employees
Teamsters - Mid-Manager Employee Association
International Brotherhood of Electric Workers, Local 47 - Electric Division International Brotherhood of Electric Workers, Local 47 - Water/Wastewater Division
Colton Police Officers Association (CPOA)
Colton Police Management Association (CPMA)
Colton Police Dispatchers Association (CPDA)
Colton Police Civilian Employee Association (CPCA)
Colton Firefighters Association (CFA)
Confidential Employees Group
Executive Employees Group

Mayor Navarro adjourned the meeting to Closed Session at 5:01 p.m. and at 6:00 p.m., the meeting reconvened, with all members present heretofore.

City Attorney Reports/Reportable Action

City Attorney Campos announced that the City Council did meet in Closed Session and discussed Item A and B and there was no reportable action.

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Attachment: 04-04-2023 Draft Minutes (3941 : Draft Minutes 03-21-23 & 04-04-23) 2023 March 07 CC/CUA/CPFA/CHA MEETING 2 -

CITY COUNCIL/COLTON UTILITY AUTHORITY/

COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY

REGULAR MEETING MINUTES

April 4, 2023

Regular Meeting held on the above -given date at 6 :00 p.m. in the Council Chamber of City Hall, with Mayor Navarro presiding.

INVOCATION: Pastor Trevor Hough – Centerpoint Church
FLAG SALUTE: American Legion Post 155 Member Kenneth Koperski

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
Kelly J. Chastain Stephanie M. Vargas, Deputy City Clerk Dr. Luis S. González
John R. Echevarria

Council Members Absent
None

CEREMONIAL MATTERS
Presentations, Awards, Proclamations

 Proclamation – Child Abuse Prevention Month
Mayor Navarro read a Proclamation Certificate – Child Abuse Prevention Month; accepted by Mrs.

Wendy Alvarez who is the Interim Network Officer for the Children’s Network for San Bernardino County.
 Proclamation – Earth Day
CM Echevarria read a Proclamation Certificate – Earth Day; accepted by Brian Dickinson who is the Director of Public Works and Utilities, and Adrianne Rogers who represents the City of Colton’s Sustainability Group.

MAYOR AND COUNCIL ITEMS

POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF April 4, 2023.

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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Attachment: 04-04-2023 Draft Minutes (3941 : Draft Minutes 03-21-23 & 04-04-23) 2023 March 07 CC/CUA/CPFA/CHA MEETING 3 -
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
 Commission Code Compliance and Housing Appeals Board (CCHAB) - District 3 - George Botello

CM González submitted the name of George Botello for appointment to the Code Compliance and Housing Appeals Board; consensus by Councilmembers present; no objections, so ratified.

PUBLIC HEARINGS

(1) Title 16 Subdivision Ordinance

WAIVE FULL READING, READ BY TITLE ONLY AND PASS FIRST READING OF AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, TO AMEND, REPEAL AND REPLACE TITLE 16 SUBDIVISION ORDINAN CE OF THE CITY OF COLTON

MUNICIPAL CODE INCLUDING URBAN LOT SPLITS AND TWO -UNIT PROJECTS TO IMPLEMENT LAWS ENACTED BY SB 9 AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA. (FILE INDEX NO. DAP-001-723), ORDINANCE NO. O-03-23.

Mayor Navarro declared the Public Hearing open.

The Deputy City Clerk Vargas submitted the Notice of Public Hearing (on file in the City Clerk’s Office) and there were no reports of protests or objections thereto.

Staff Presentation
Planning Manager, Mario Suarez presented for Council an update and overview of the agenda item and requested approval of staff’s recommendation.

Public Comment
None

Motion and Second by CM González/CM Chastain to close the public hearing.

Vote: Unanimous

Council Discussion
Discernment and discussion between Mayor and Councilmembers present, with clarification provide by staff:

Planning Manager Mario Suarez.

Motion and Second by CM González/ CM Chastain to Read By Title Only and Pass First Reading of O-3-23.

BUSINESS ITEMS

(1) City Clerk Vacancy - Provide Direction on Filling of Current City Clerk Vacancy.

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Attachment: 04-04-2023 Draft Minutes (3941 : Draft Minutes 03-21-23 & 04-04-23) 2023 March 07 CC/CUA/CPFA/CHA MEETING 4 -
Staff Presentation
City Manager Smith presented for Council an overview of the agenda item.

Public Comment
None

Council Discussion
Mayor Navarro recommended using an application process to make an appointment.

Councilmember Chastain and González asked follow up questions and CM Smith provided clarification.

Motion and Second by CM Chastain / MPT Toro to begin the process of appointing a City Clerk to fill the current vacancy by accepting applications and by holding a Special Meeting to interview applicants.

Vote: Unanimous, Motion Carried.

***************************************************************************

PUBLIC COMMENT
The following community members addressed the Council : John Longfield, Rick Shield, Erlinda Armendariz, Rosa Dominguez, and Brooke Carlson.

CONSENT CALENDAR

Mayor Navarro presents the Consent Calendar Items 3 through 9.

CM Chastain selected Item 6 for discussion and requested clarification from staff.

CM Echevarria selected Item 9 to make comments.

Motion and Second by MPT Toro/ CM González to approve consent calendar Items 3 through 9.

Vote: Unanimous, Motion Passes.

(3) Minutes - Approval of Minutes for the City Council Regular Meeting Held on March 07, 2023 on file in the Office of the City Clerk.
(4) Warrants - Approve voucher numbers 204287 to 204371 dated 02/28/2023 and totaling $82,986.01; voucher numbers 204372 to 204440 dated 03/02/2023 and totaling $784,147.31; wires dated 03/06/2023 and totaling $4,042,985.41; voucher numbers 204441 to 204587 dated 03/09/2023 and totaling $490,312.30; a payroll disbursement listing dated 01/21/2023 to 02/03/2023 and totaling $925,666.41 and a payroll disbursement listing dated 02/04/2023 to 02/17/2023 and totaling $887,557.75. (5) Agreement - Green Acres Advertising - Approve a Letter Agreement for Green Acres Advertising Design to Develop SB1383 Organics Recycling Video and Promotional Campaign. (6) Contract Amendment - Operational Technical Services - Approve Additional Funds with Operational Technical Services for the Amount of $50,000 for Water/Wastewater Department Temporary Certified Staffing Augmentation.
(7) Contract Amendment - Rockwell Engineering & Equipment - Approve Additional Funds for Rockwell Engineering & Equipment in the Amount of $64,200.00 for Current and Future Repair and Service Needs.

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Attachment: 04-04-2023 Draft Minutes (3941 : Draft Minutes 03-21-23 & 04-04-23) 2023 March 07 CC/CUA/CPFA/CHA MEETING 5 -
(8) Contract Award - Clinical Laboratory of San Bernardino, Inc. - Approve Contract Award to Clinical Laboratory of San Bernardino, Inc. to Provide Drinking Water Laboratory Sampling and Analysis Services for Five (5) Years in an Amount Not-to-Exceed $250,000. (9) Local Road Safety Plan ("LRSP") - Adopt Resolution Approving the City of Colton Local Roadway Safety Plan (“LRSP”), RESOLUTION R-26-23.

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
CM Smith payed tribute to Carolina Padilla by sharing his experience in knowing and work ing with her for almost 22 years. CM Smith explained that Carol’s legacy is unmistakable and she will be missed.

Mayor Navarro also shared his memories of Carolina and expressed that Carolina was a n outstanding person and that she will be missed.

ADJOURNMENT
At 7:22 p.m.. Mayor Navarro adjourned the Regular Council Meeting in Memorium for Carolina R. Padilla, City Clerk for the City of Colton and Henry Calderilla and Kathy Rivera.

_________________________________
Stephanie M. Vargas
Deputy City Clerk

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Packet Pg. 38
Attachment: 04-04-2023 Draft Minutes (3941 : Draft Minutes 03-21-23 & 04-04-23)

ITEM NO. 3

STAFF REPORT

DATE: APRIL 18, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE US BANK VOUCHER DATED 02/22/2023 AND
TOTALING $31,717.90; VOUCHER NUMBERS 204588 TO 204712
DATED 03/16/2023 AND TOTALING $2,055,349.47; VOUCHER
NUMBERS 204713 TO 204823 DATED 03/23/2023 AND TOTALING
$835,080.14 AND A PAYROLL DISBURSEMENT LISTING DATED
02/18/2023 TO 03/03/2023 AND TOTALING $912,784.83.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve US Bank voucher dated 02/22/2023 and totaling $31,717.90; voucher numbers 204588 to 204712 dated 03/16/2023 and totaling $2,055,349.47; voucher numbers 204713 to 204823 dated 03/23/2023 and totaling $835,080.14 and a payroll disbursement listing dated 02/18/2023 to 03/03/2023 and totaling $912,784.83.

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.

3 Packet Pg. 39
Staff Report to the Mayor and City Council
Warrants - Accounts Payable
April 18, 2023

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Fund Number and Title Legend

2. Voucher lists

3. Payroll Registers
3 Packet Pg. 40
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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ITEM NO. 4

STAFF REPORT

DATE: APRIL 18, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH

BLAIS & ASSOCIATES GRANT WRITING SERVICES FOR

COMPLETION OF CALIFORNIA GOVERNOR'S OFFICE OF

EMERGENCY SERVICES HAZARD MITIGATION GRANT
PROGRAM NOTICE OF INTENT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve the professional services agreement for Blais and Associates to provide grant - writing services to apply for The California Governor’s Of fice of Emergency Services (CalOES) Hazard Mitigation Grant Program (HMGP) Notice of Intent, waiving the formal bidding process in accordance with Colton Municipal Code 3.08.140(e), and;

2. Provide the City Manager or his designee signing authority to execute any agreements.

BACKGROUND

The City of Colton currently has a contract with Blais and Associates for grant writin g services out of the City Manager's Office. The current proposal for grant writing services to apply for the California Governor’s Office Cal OES HMGP Notice of intent is $6,525, which when combined with other City Departments, will exceed the City Manager's $50,000 limit.

Blais and Associates has been successful in writing several grants for the City including a recent grant award from The Department of Toxic Substance Control for over $200,000. Due to their success and familiarity with the City of Col ton, waiving the competitive bidding process is recommended from staff.
4 Packet Pg. 108
Staff Report to the Mayor and City Council
Agreement - Blais & Associates
April 18, 2023

ISSUES/ANALYSIS

The Cal OES Hazard Mitigation Assistance Team released the Notice of funding opportunity for the Hazard Mitigation Grant Program as a result of the Presidential Major Disaster Declaration, DR-4683 (Severe Winter Storms, Flooding, Landslides, and Mudslides). The HMGP funds plans and projects that reduce the effects of future natural disasters. In California, these funds are administered by Cal OES Hazard Mitigation Br anch. The HMGP funding opportunities provides support for communities to implement mitigation activities to reduce risk to life and property from natural hazards. In California, natural hazards include wildfires, earthquakes, drought, extreme weather, fl ooding, and other natural hazards as defined in the State Hazard Mitigation Plan.

The City of Colton Water Department currently has one eligible project that meets the guidelines of the City’s Local Hazard Mitigation Plan. Rialto Reservoir number one w as built in 1934 utilizing the Roosevelt back to work program. The reservoir do es not meet any of the current safety hazard standards or American Water Works Association (AWWA) standards for potable water systems. Due to potential issues and possible fai lures, Rialto Reservoir number one has been taken out of service and is currently not in use pending removal and replacement.

FISCAL IMPACTS

Sufficient appropriations for the grant writing s ervices are available in the FY2022 -23 adopted budget in Water Fund Operations Professional Services Account Number 521 -8100-8101-2350- 0000-000.

ALTERNATIVES

1. Provide alternative direction to Staff.

ATTACHMENT

1. Q_Colton_HMGP NOI_051023
4 Packet Pg. 109
Quote Prepared By:

Whitten Guajardo
949-589-6338
[email protected]
www.blaisassoc.com
Client Name
Client Contact(s)
Grant Program
Project Due
Project Name
Date Prepared
Project Cost
$2,025
$0
$0
$4,500
$0
$4,500
$6,525
Activity
2) Available funding: LHMP - up to 7% of the funds available to CA may be used for planning, Advanced Assistance - up to 25% or $10 million (whichever is less) may be used for AA, Projects - any fund not expended for LHMP or Advanced Assistance.

Maximum Funding: LHMP Single Jurisdiction - $150,000. LHMP Multi-Jurisdictions (less than 5 participants) - $200,000. LHMP Multi-Jurisdictions (5-9 participants) - $250,000. LHMP Multi-Jurisdictions (10 or more participants) - $300,000. 3) Match requirement: 25%
4) Resolution is not required to submit the NOI. Required if awarded.

Benefit-Cost Analysis (pass-through to subconsultant). *see Notes and Assumptions.

Project Quote
March 21, 2023
$6,525
City of Colton
Bassam Alzammar, Water/Waste Water Utilities Superintendent California Governor's Office of Emergency Services (Cal OES) Hazard Mitigation Grant Program (HMGP) NOI
May 10, 2023
Rialto Reservoir No. 1 Refurbish
Preparatory work including reviewing guidelines and application materials; developing timeline & checklist; hosting a kick-off conference call with client; attending to follow-up action items from kick-off call; preparing internal e-file system.

Complete NOI form. Includes 1) General Information, 2) Project/Plan Information, 3) Project Statement, 4) Solution Description, 5) Benefit Cost Analysis (qualitative analysis of documented history of damage and extent of current risk of hazard), 6) Activity Cost, 7) Local Hazard Mitigation Plan Information, 8) Contact Information. **discounted due to utilizing information from a previous application.
6) Benefit-Cost Analysis is estimated at $4,500. Any overage will be billed directly to the Client.

Notes and Assumptions
1) To best serve you, B&A has reserved staff time for this project until the response date requested in the transmittal e-mail.
5) Performance period: 36 months.

Conference calls and client coordination. Provide 80% draft and 100% final to client for review. Incorporate client feedback and comments. Prepare final files for Client's permanent record keeping. Submit application via Engage Cal OES Portal.

GRAND TOTAL
Direct Costs

SUBTOTAL

SUBTOTAL
Final Files (link)
Reproduction for hard copy (not applicable)
Express Delivery mail or courier services (not applicable) Colton: HMGP 3/21/2023 1 of 2

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Whitten Guajardo
949-589-6338
[email protected]
www.blaisassoc.com
Signature Approving Costs and Authorizing Notice to Proceed Date Printed Name
Please note that this quote is fixed fee for service based on current conditions and understandings. Many factors may change during the development of a project, including Client requests, that may increase the amount of work required to successfully perform services. During the course of work, if there is a material change in scope, B&A will notify the point of contact and mutually agree to a change order or discuss alternatives.

Colton: HMGP 3/21/2023 2 of 2

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ITEM NO. 5

STAFF REPORT

DATE: APRIL 18, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: AWARD CONSTRUCTION CONTRACT TO CORONA COATINGS CORP. FOR THE FY2022-23 CITYWIDE ROOF REPAIR PROJECT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Award a construction contract to Corona Coatings Corp. for the FY2022-23 Citywide Roof Repair Project for $94,179.00; and,

2. Authorize the City Manager to execute the associated documents.

BACKGROUND

Multiple city building roofs are currently experiencing leaks and are in need of repair. The Public Works and Utility Services Department sent out an informal reques t for bids to three (3) known contractors: Corona Coatings Corp., Wiltshire Urethane Foam Company, and All Seasons Insulations. The Building Maintenance Supervisor conducted Mandatory Pre -Bid/Job Walk Meetings the week of February 6, 2023.

ISSUES/ANALYSIS

The Public Works Department received three (3) informal Bids on February 23, 2023 itemized below:

5 Packet Pg. 112
Staff Report to the Mayor and City Council
Contract Award - Corona Coatings Corp.

April 18, 2023

Originally, $100,000.00 was budgeted for solely repairing the roof at the City Annex/HR building. Due to the bid amounts however, the City is able to use remaining funds to include additional roof leak repairs at other City buildings also in need of repair. These additional buildings are included in the itemized bid tabulation above and include City Hall, Fire Station #211, and Fire Station #214.

In accordance with Colton Municipal Code (CMC) Section 3.08.060 Bidding requirements – Maintenance and General services, subsection C, Fifty Thousand One Dollars to One Hundred Thousand Dollars, Maintenance Work and other General Services Projects of more tha n twenty- five thousand dollars, but less than or equal to one hundred thousand dollars Shall, except as otherwise provide in this chapter, be awarded by the City Council pursuant to the Non -Public Project Informal Bidding Procedure.

The selection of the contractor was made in accordance with the City of Colton Informal Bidding Procedure.

FISCAL IMPACTS

Sufficient appropriations for the project are available in the adopted FY2022 -23 budget in Building Maintenance Fund Capital Outlay Building Account No . 605 -6150-6211-4950-0000- 000.

ALTERNATIVES

1. Provide direction to staff.

ATTACHMENT

1. Construction Contract
5 Packet Pg. 113
BBK 2018
23152.06000\30612079.1

CITY OF COLTON

SHORT FORM CONSTRUCTION CONTRACT
Citywide Roof Repair Project FY 23

1. PARTIES AND DATE.

This Contract is made and entered into this 4th day of April, 2023 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 , County of San Bernardino, State of California (“City”) and Corona Coatings Corporation, a California Corporation with its principal place of business at 502 Colton Ave. Colton, CA 92324 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the S tate of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditio ns set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing clean and prepare roof deck for repair, foam application, and acrylic coating related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: B or C-39

2.3 Project. City desires to engage Contractor to render such services for the Roof Citywide Repair Project FY 23 (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications . Contractor has obtained, and delivers concurrently herewith, Performance Bond , Payment Bond, Insurance Documents and Other Certifications as required by the Contract.

3. TERMS

3.1 Incorporation of Documents . This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, spec ifications and documents therein, and attachments and addenda thereto:
 Services/Schedule (Exhibit “A”)
 Plans and Specifications (Exhibit “B”)
 Special Conditions (Exhibit “C”)
 Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”)  Public Works Contractor Registration Certification (Exhibit “E”)  Payment and Performance Bonds (Exhibit “F”)
 Federal Requirements (Exhibit “G”)

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23152.06000\30612079.1

3.1.1 Precedence. To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor.

3.2 Contractor’s Basic Obligation; Scope of Work . Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Pro ject, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and pe rformed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work . Any change in the scope of the Work, method of performance, nature of ma terials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City.

3.2.1.1 Change Orders. Changes to the Contract Time (as defined in Section 3.3) or Total Contract Price shall be in the form of a written Change Order, either signed by both parties or issued unilaterally by the City. No adjustment shall be made to the Co ntract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. Failure to timely request a Change Order shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the City for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price shall be adjusted to account for costs actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount of profit, mark-ups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equi pment idle time for such work. Nothing herein shall prevent the Parties from agreeing to a lump sum cost.
(A) Changes Ordered By City. City may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time, Contractor shall request a Change Order within seven (7) days of receiving the Work Directive. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined. (B) Changes Requested By Contractor. With respect to any matter that may involve or require a n adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and

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23152.06000\30612079.1
circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor’s right to a change order. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.

3.2.2 Substitutions/”Or Equal ”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the m aterial, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal ” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit.

Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which d escribes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.3 Period of Performance and Liquidated Damages . Contractor shall perform and complete all Work under this Contract within 60 working days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City.

Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not

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completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or proje ct milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of $200 per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.4 Standard of Performance; Performance of Employees . C ontractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.5 Control and Payment of Subordinates; Contractual Relationship . City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, includ ing, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.6 City’s Basic Obligation . City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below - referenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation . As consideration for perfor mance of the Work required herein, City agrees to pay Contrac tor the Total Contract Price of Ninety Four Thousand One Hundred and Seventy Nine Dollars ($ 94,179.00) (“Total Contract Price ”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon

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completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Co ntractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.7.3 Prompt Payment . City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress pay ments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.7.4 Contract Retentions . From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Retentions . In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of:
(1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work pe rformed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the term s of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued wri tten final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.

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The escrow agreement used for the purposes of this Section shall be in the form provided by the City.

3.7.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms o f their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.

3.7.8 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall n ot imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.7.9 Labor and Material Releases . Contractor shall furn ish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.8 Labor

3.8.1 Prevailing Wages . Contractor 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. Since the Work is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and SINCE the total compensation is $1,000 or more, Contractor agrees to fu lly comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Work available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the Ci ty, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 p er calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.8.2 Apprenticeable Crafts . When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

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3.8.3 Hours of W ork. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one -half (1-1/2) times the basic rate for that worker.

3.8.4 Payroll Records . Contractor and each subcon tractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should nonco mpliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years a s determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the DIR on a weekly basis and in the format prescribed by the DIR, which may include electronic submission. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.8.5 Contractor and Subcontractor Registration . Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perfo rm public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.8.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City.

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Contractor 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 Contractor or any subcontractor.

3.9 Performance of Work; Jobsite Obligations.

3.9.1 Water Quality Management and Compliance.

3.9.1.1 Water Quality Management and Compliance . Contractor 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 implicat ed by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter -Cologne Water Quality Control Act (Cal Water Code §§ 13000 -14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State.

3.9.1.2 Compliance with the Statewide Construction General Permit .

Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharg es Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Polluti on Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weat her conditions. It shall be Contractor ’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

Without in any way diminishing Contractor's sole responsibility for obtaining coverage under, and complying with, the Permit, the City will use reasonable efforts to assist Contractor in filing the Notice of Intent when the City's participation is required by the Permit.

3.9.1.3 Other Water Quality Rules , Regulations, and Policies .

Contractor shall comply with the lawful requirements of the Environmental Protection Agency, the State Water Resources Control Board, the Santa Ana Regional Water Quality Control Board, and the City, as well as any other applicable municipality, drainage district, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.9.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom.

3.9.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract,

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Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations of this Section

3.9.1.5, including the Permit or any of the laws, rules, regulations and policies provided for herein..

In addition, City may seek damages from Contractor for any delay in completing the Wo rk in accordance with the Contract, if such delay is caused by or related to Contractor ’s failure to comply with the Permit.

3.9.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney ’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.9.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform t he work assigned to them without impacting water quality in violation of the laws, regulations and pol icies described in paragraph 3.9.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.9.1 as they may relate to the Work provided under this Contract.

Upon request, City will p rovide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.9.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor 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 as applicable shall include, but shall not be limited to, adequate life protection and life saving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined sp ace procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.9.3 Laws and Regulations. Contractor 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 Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code,

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Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall d efend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.9.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.9.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavati on of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.9.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excava tion that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physica l conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.9.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the fail ure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.9.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, incl uding, 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, Contractor 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 -powered engine. Contractor shall

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indemnify City against any fines or penalt ies imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Contract.

3.9.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate hand ler for reuse or recycling.

3.9.10 Inspection Of Site . Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work. Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters.

3.9.11 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing a ctivities.

Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any work or altering the condition.

3.10 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.

Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.11 Claims; Government Code Claim Compliance.

3.11.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction c laims.

The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

3.11.2 The following requirements apply to all contracts entered into after January 1, 1991, and all claims to which this section applies:

3.11.2.1 Prerequisites. If any dispute shall arise between the City and Contractor regarding performance of the work, or any alleged change in the work, Contractor shall timely perform the disputed work and shall give written notice of a claim for additional

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compensation for the work to the City within three (3) days after commencement of the disputed work. Contractor ’s failure to give written notice within the three (3) -day period constitut es an agreement by Contractor that it will receive no extra compensation for the disputed work and shall constitute a waiver of the right to these procedures.

3.11.2.2 Claim Submittal. For purposes of this section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. Claims governed by this section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. The claim shall be submitted in writing to the City and shall include on its first pa ge the following in 16 point capital font: “THIS IS A CLAIM.” Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent la wsuits for compensation or payment thereon.

3.11.2.3 Supporting Documentation : The Contractor shall submit all claims in the following format:
(1) Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
(2) List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other
(3) Chronology of events and correspondence
(4) Analysis of claim merit
(5) Analysis of claim cost
(6) Time impact analysis in CPM format

3.11.2.4 City’s Response . Upon rece ipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is

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disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement. (1) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45 -day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion an d the undisputed portion.
(2) Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.
(3) The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the cla im is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.11.2.5 Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3.11.2.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement.

Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.
(1) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neut ral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

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(2) For purposes of this section, mediation incl udes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediat ion utilized shall conform to the timeframes in this section.
(3) Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(4) The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.
(5) If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commenci ng with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her writte n claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.11.2.7 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this section:
(1) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non - binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
(2) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

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(A) In addition to Chapter 2.5 (commencing with Secti on 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.11.2.8 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra w ork, disputed work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Section 900, et seq. prior to filing any lawsuit against the City. Such Government Code claims and any sub sequent 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, construction claims, and/or changed conditions have been followed by Contractor. I f no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

3.11.2.9 City’s Responses. The City’s failure to respond to a claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.

3.12 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act o f God, as defined by Section 7105 of the Public Contract Code, the City may terminate this C ontract pursuant to Section 3.18 .3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.13 Indemnification.

3.13.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (col lectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all expert witness fees, attorneys’ fees, and other related costs and expenses.

Notwithstanding the foregoing, to the extent required by Civil Code s ection 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons,

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injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

3.13.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its of ficials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, empl oyees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Contract, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

3.14 Insurance.

3.14.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

3.14.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.14.2.1 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 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Covera ge form number CA 00 01, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; and (4) Builders’/All Risk: Builders’/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City). Policies shall not contain exclusions contrary to this Contract, 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.

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3.14.2.2 Minimum Limits of Insuranc e. Contractor 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 a general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Contract/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; (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 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease; and (4) Builders’/All Risk: Completed value of the project. Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

3.14.2.3 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, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file wit h 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 Contract 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 Contractor or the City may withhold amounts sufficient to pay pre mium from Contractor payments. In the alternative, the City may suspend or terminate this Contract.

3.14.3 Insurance Endorsements . The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:

3.14.3.1 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 insureds with respect to the Services or ongoing and completed operations performed by or on behalf of Contrac tor, 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 Contractor’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 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 Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.14.2.2, 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

3.14.3.1. 3.14.3.2 Automobile Liability. (1) The City, its directors, officials, officers, employees, agents and v olunteers shall be covered as additional insureds with respect to the

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ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor 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 Contractor’s scheduled underlying coverage. Any insurance or s elf-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set fort h in Section 3.14.2.2, 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 3.14.3.2.

3.14.3.3 Workers’ Compensation and Employe r’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 Contractor.

3.14.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) 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 (2) 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.

3.14.4 Builders’/All Risk Policy Requirements. The builders’/all risk insurance shall provide that the City be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the City.

3.14.5 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 sc ope 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 Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery agai nst 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 subcontractors.

3.14.6 Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence. This insurance shall name the City, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work performed, and shall otherwise comply with all requirements of this Section. Defense costs shall be paid in addition to the limits.

3.14.7 Deductibles and Self -Insurance Retentions . Any deductibles or self - insured retentions must be declared to and approved by the City. Contractor shall guarantee that,

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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 Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.14.8 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.

3.14.9 Verification of Coverage . Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance po licy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The Cit y reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.14.10 Subcontractors. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Contract until the y have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad. In addition, Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor.

All coverages for subcontractors shall be subject to all of the requirements stated herein.

3.14.11 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

3.15 Bond Requirements.

3.15.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and inc orporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.15.2 Performance Bond . If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.15.3 Bond Provision s. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due

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or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

3.15.4 Surety Qualifications . Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, th e insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.16 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non -conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) d amaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, com mencing with the date of acceptance of such corrected Work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non -conforming Work and any work damaged by such work or the replacement or correcti on thereof at Contractor ’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.17 Employee/Labor Certifications.

3.17.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he 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, an d agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose,

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which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.17.2 Equal Opportunity Employment . Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. 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.

3.17.3 Verification of Employment Eligibility . By executing this Contract, Contractor 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, and shall require all subcontractors and sub-subcontractors to comply with the same. The City shall not be responsible for any costs or expenses relat ed to Contractor’s compliance with the requirements provided for in Section 3.17 or any of its sub-sections.

3.18 General Provisions.

3.18.1 City’s Representative . The City hereby designates the Director of Public Works and Utility Services , or his or her designee, t o act as its representative for the performance of this Contract ( “City’s Representative ”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.18.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor ’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor ’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.18.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require

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Contractor to provide all fin ished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

Contractor shall be required to provide such document and other information within fift een (15) days of the request.

3.18.4 Contract Interpretation . Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, w hose decision shall be binding upon Contractor.

3.18.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor , without further acknowledgment by the Parties.

3.18.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return re ceipt requested, postage prepaid and addressed as follows:

CONTRACTOR:

CORONA COATINGS CORPORATION
502 COLTON AVE
COLTON, CA 92324
ATTN: BILL JOHNSON, PRESIDENT
CITY:

CITY OF COLTON
650 NORTH LA CADENA DRIVE
COLTON, CA 92324
ATTN: BRIAN A DICKINSON, DIRECTOR OF PUBLIC WORKS AND

UTILITIES SERVICES
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.18.7 Time of Essence . Time is of the essence in the performance of this Contract.

3.18.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or inter est herein, City may, at its option,

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terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

3.18.9 No Third Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.18.10 Laws, Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be bro ught in a state or federal court situated in the County of San Bernardino, State of California.

3.18.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.18.12 Successors. The Parties do for themselves, their heirs , executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.18.13 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor 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 Contractor, any f ee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.18.14 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.18.15 Certification of License.

3.18.15.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.18.15.2 Contractors are required by law to be licensed and regulated by the Contractors ’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act o r omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions

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concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

3.18.16 Authority to Enter Contract . Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.18.17 Entire Contract; Modification . This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.18.18 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.18.19 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects.

3.18.20 Federal Provisions.
[Signatures on Next Page]

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Attachment: Construction Contract (4005 : Contract Award - Corona Coatings Corp.) 25 BBK 2018
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SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

BETWEEN THE CITY OF COLTON

AND CORONA COATINGS CORPORATION
IN WITNESS WHEREOF, the Parties have entered into this Contract as of the 4th day of April 2023.

CITY OF COLTON Corona Coatings Corporation
a California Corporation

By: ____________________________ By: _________________________ William R. Smith Bill Johnson
City Manager President

Attest:

____ By: _________________________
Carolina Padilla
City Clerk

__334755/ C-39__________________
Contractor’s License Number/Classification

_______________________________
DIR Registration Number

Approved as to Form:

______________________________
Best Best & Krieger LLP
City Attorney

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EXHIBIT “A”

SERVICES / SCHEDULE
City Hall -655 N. La Cadena Dr.

1. Clean and prepare roof deck

2. Cut out blistered and damaged foam and haul away debris (repair roof edge as needed, cut out around drain, re-foam, and coat).

3. Re-foam designated rood areas and grind new foam to blend with existing foam

4. Power wash entire roof deck

5. Mask off as necessary to prevent overspray

6. Spry apply ultra-bond 16 primer at a rate of ¼ gal per 100 sq. ft.

7. Base coat all new foam

8. Coat foam with 2 coats of elastomeric acrylic coating at a rate of 3 gal per 100 sq. ft. (base coat grey, finish coat white)

9. Warranty: 10 years against water leakage due to labor or material failure

HR – 659 N. La Cadena Dr.

1. A/C units to be put on platforms by others.

2. Remove gravel by broom and vacuum and haul away debris

3. Mask off as necessary to prevent overspray

4. Apply 1.5” thick poly urethane foam over entire designated roof deck

5. Build-up low areas for better drainage

6. Seal parapet walls, A/C ducts, north wall up to tile roof edge on adjacent building

7. Coat foam with 2 coats of elastomeric acrylic coating at a rate of 3 gal per 100 sq. ft. (base coat grey, finish coat white)

8. Broadcast #1 1 fire white roofing granules into finish coat for added durability and remove loose granules after coating has dried

9. Warranty: 10 years against water leakage due to labor or material failure

Fire Station #214 – 1151 S Meadow Lane

1. Clean and prepare roof deck for foam application

2. Mask off as necessary to prevent overspray on tile roofing

3. Apply 1.5” thick poly urethane foam over entire designated roof deck

4. Coat foam with 2 coats of elastomeric acrylic coating at a rate of 3 gal per 100 sq. ft. (base coat grey, finish coat white)

5. Broadcast #1 1 fire white roofing granules into finish coat for added durability

6. Remove loose granules after coating has dried

7. Warranty: 10 years against water leakage due to labor or material failure

Fire Station #1– 303 East “E” Street

1. Clean and prepare roof deck and back gable wall

2. Mask off as necessary to prevent overspray

3. Apply 1.5” thick poly urethane foam over entire designated roof deck and back wall

4. Coat foam with 2 coats of elastomeric acrylic coating at a rate of 3 gal per 100 sq. ft. (base coat grey, finish coat white)

5. Broadcast #1 1 fire white roofing granules into finish coat for added

6. Remove loose granules after coating has dried

7. Warranty: 10 years against water leakage due to labor or material failure

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EXHIBIT “B”

PLANS AND SPECIFICATIONS

(SEE NEXT SHEETS)

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Attachment: Construction Contract (4005 : Contract Award - Corona Coatings Corp.)

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Attachment: Construction Contract (4005 : Contract Award - Corona Coatings Corp.)

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Attachment: Construction Contract (4005 : Contract Award - Corona Coatings Corp.)

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Attachment: Construction Contract (4005 : Contract Award - Corona Coatings Corp.) City of Colton City Hall

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Attachment: Construction Contract (4005 : Contract Award - Corona Coatings Corp.)

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Attachment: Construction Contract (4005 : Contract Award - Corona Coatings Corp.)

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Attachment: Construction Contract (4005 : Contract Award - Corona Coatings Corp.)

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Attachment: Construction Contract (4005 : Contract Award - Corona Coatings Corp.) City of Colton Fire Station 214

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Attachment: Construction Contract (4005 : Contract Award - Corona Coatings Corp.)

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Attachment: Construction Contract (4005 : Contract Award - Corona Coatings Corp.)

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Attachment: Construction Contract (4005 : Contract Award - Corona Coatings Corp.) Exhibit C-1
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EXHIBIT “C”

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Concurrently with this Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.

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EXHIBIT “D”

CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., 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 the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

Corona Coatings Corporation

By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)

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EXHIBIT “E”

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor ’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:

DIR Registration Number:

DIR Registration Expiration:__________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemptio n, Contractor further acknowledges:

1. Contractor shall maintain a current DIR registration for the duration of the project.

2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure tha t all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor:____________________
Signature:

Name and Title:

Dated:

1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”

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EXHIBIT “F”

PAYMENT AND PERFORMANCE BONDS

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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Colton (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ____ _______________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successor s and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and t ruly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects accordi ng to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the a bove obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing here in shall limit the City’s rights or the Contractor or Surety ’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:

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(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance o f the contract price ” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price ” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contra ct Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

Remainder of This Page is Intentionally Left Blank

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IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title

(Corporate Seal)
Surety
By
Attorney-in-Fact
Signatures of those signing for the Principal and Surety must be notarized and evidence of corporate authority attached. An original Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)

(Name and Address of Agent or
Representative for service of
process in California, if different
from above)

(Telephone number of Surety
and Agent or Representative for
service of process in California)

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Attachment: Construction Contract (4005 : Contract Award - Corona Coatings Corp.) Exhibit F-5
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Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the documen t to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to ano ther document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer

Title(s) Title or Type of Document
Partner(s)
Limited

General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

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Attachment: Construction Contract (4005 : Contract Award - Corona Coatings Corp.) Exhibit F-6
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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Colton (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20 ____has awa rded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection wit h said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for an y work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW, THEREFORE, we, the Principal and __________________________, a corporation organized and existing under the laws of the State of _______________ and authorized to transact surety business under the laws of the State of California as Surety, are held and firmly bound unto City in the sum of ______________ Dollars ($___________) lawful money of the United States of America, the sum not being less than One Hundred Percent (100%) of the total amount of the Contract, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation ex penses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or

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released from the obligation of this bond by any change, extension of time for perf ormance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, material s, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud prac ticed by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and t he provisions of sections 2819 and 2845 of the California Civil Code.

The Remainder of this Page is Intentionally Left Blank

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IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title

(Corporate Seal) Surety
By

Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. An original Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THE FOLLOWING INFORMATION IS MANDATORY
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California)

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Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notar y Public, personally

appeared , who proved to me on the basis of satisfactory

evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized cap acity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foreg oing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent remov al and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer

Title(s) Title or Type of Document
Partner(s)
Limited

General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

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EXHIBIT “G”

FEDERAL REQUIREMENTS

NOT APPLICABLE

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Attachment: Construction Contract (4005 : Contract Award - Corona Coatings Corp.)

ITEM NO. 6

STAFF REPORT

DATE: APRIL 18, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: ENTER INTO A MASTER SOFTWARE AS A SERVICE (SAAS) SERVICES AGREEMENT WITH GOVINVEST, INC. FOR LABOR

COSTING AND COMPENSATION BENCHMARKING SOFTWARE
MODULES.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Enter into a Master Software as a Service (SaaS) Services Agreement with GovInvest, Inc. for a 3-year contract not to exceed $175,000 pursuant to Colton Municipal Code Section 3.08.140(E); and,

2. Authorize the Finance Director to execute the agreement

BACKGROUND

GovInvest, Inc. provides proprietary Software as a Service (SaaS) that utilizes the same platform and census data to provide the City with real-time labor costing and compensation benchmarking functionality. These services include access to labor specialists who become familiar with the City’s existing systems and data sets to tai lor the software functionality to meet the Finance Department and Human Resources & Risk Management Department needs. No other software vendor currently develops and distributes similar software applications with the same functionality as GovInvest, Inc. Specifically, this includes instant costing of changes to salary and benefits for bargaining groups by leveraging employee census data, interactively visualizing the cost impact of these changes, meaningful benchmarking against comparable agencies, and providing the capability to model City-wide salary and benefits budgeting and forecasting.

ISSUES/ANALYSIS
6 Packet Pg. 166
Staff Report to the Mayor and City Council
Contract Award - GovInvest
April 18, 2023

Salaries and benefits for employees comprise more than 70% of the City’s General Fund budget, making a ccurate labor costing for budgeting and fi nancial forecasting critical . Compensation benchmarking with other local agencies ensures the City remains competitive in recruiting and retaining staff, and it is a component of the City’s current bargained contracts. The City’s current labor costing an d compensation benchmarking methods are labor -intensive or require outside consultants to provide data often dated by the implementation. GovInvest, Inc.’s software solutions for labor costing and benchmarking will automate and streamline several manual p rocesses in both departments and equip management with real -time tools to make recommendations.

GovInvest Labor Costing Module enables staff to
 Project workforce costs, analyze data by bargaining unit, and measure labor changes  Cost out salary increases, benefit costs, special pays, and demographic analysis on the fly  Analyze the effects of salary/benefit adjustments for more informed union negotiations and position budgeting
 Create and export custom reports to make management decisions and recommendations

GovInvest Compensation Benchmarking Module
 Robust, customized compensation benchmarking tool to assist the City in the analysis necessary during negotiations, hiring, and other scenarios  Utilize powerful visual technology to analyze comparative com pensation data and drive understanding with stakeholders
 Benchmark against relevant agencies and job duties with ease and manage all supporting data in one place.

Staff recommends City Council dispense with competitive bidding pursuant to Colton Municipal Code Section 3.08.140(E) and authorize the Finance Director to enter into a Master SaaS Services Agreement with GovInvest, Inc., for the Labor Costing and Compensation Benchmarking modules.

FISCAL IMPACTS
Sufficient appropriations are available in the F Y2022-23 budget for the first year’s annual maintenance fees and t he one -time implementation cost in General Fund Finance Department Sotware/Licensing/Support Account Number 100-6040-6041-2315-0000-000. Future fiscal year obligations will be included in the recommended budget accordingly.

ALTERNATIVES

1. Continue to manually calculate labor costing and compensation benchmarking.

2. Provide alternative direction.

ATTACHMENT
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Staff Report to the Mayor and City Council
Contract Award - GovInvest
April 18, 2023

1. Colton CA - SOW Agreement

2. Colton, CA - Labor Costing SOW
6 Packet Pg. 168
Colton, CA Scope of Work
Actuarial Services and Technology Page 1
Scope of Work
Compensation Benchmarking
Agency (“Client”): Colton, CA

Full Name Role
Project Sponsor1 Stacey Dabbs Finance Director
Data Contacts2 Tom Cody

Human Resources & Risk Management
Director

Superuser Tom Cody Human Resources & Risk Management
Director
Additional Users3
Tom Cody
Stacey Dabbs

Human Resources & Risk Management
Director
Finance Director

INITIAL PROJECT GOAL
☐ Customized compensation benchmarking tool for 25 classifications with 3 bargaining unions and 15 comparators. (Please attach a list of classifications and list of comparators).

DATA REFRESH CYCLE
☐ The compensation data for the specific classifications and comparators outlined will be refreshed on an annual basis, based on the Memorandum of Understanding(s) (MOUs). ☒ I would like the data to be refreshed on a specific date: 1/1/2024

INITIAL BUILD APPROACH
☒ Client to provide a set list of comparators to compare against. ☐ GovInvest to suggest a list of comparators to compare against.

1 Client leadership with ultimate responsibility for this project and GovInvest relationship 2 Personnel responsible for data collection and responding to GovInvest questions, additional information requests, and resolvi ng data questions. 3 Occasional users of the system, either directly or indirectly. May or may not have system logins.

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Attachment: Colton CA - SOW Agreement (4035 : Contract Award - GovInvest) Colton, CA Scope of Work
Actuarial Services and Technology Page 2
PROJECT TIMING Anticipated Timing Kickoff Meeting Review Scope of Work, roles, and project schedule with project team. Do review of required data that is needed. 5/19/2023 Implementation 1. Client provides or agrees to list of comparators, positions, and other requested data. 5/29/2023 2. Executive Review Session to ensure project is moving forward. 3. GovInvest initiates data collection process. 6/2/2023 4. Client check-in review of initial data and any additional data needed. 6/16/2023 5. GovInvest delivers the Compensation Benchmarking Module. 7/3/2023 6. GovInvest and Client’s Project Sponsor meet to review results and sign-off. 7/3/2023 Implementation One-Time Fee

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Attachment: Colton CA - SOW Agreement (4035 : Contract Award - GovInvest) Colton, CA Scope of Work
Actuarial Services and Technology Page 3
This is a Fixed Price Proposal which reflects a corresponding fixed timeline and defined project deliverables. GovInvest will assign an implementation consultant(s) to the Client’s project who will be dedicated through the project duration and completion. Client acknowledges its role in providing the required information in a timely manner to facilitate an on-time/on-budget project delivery. If the project is delayed by more than 1 week due to the client’s failure to furnish the requested information, there will be an escalation meeting to immediately remedy. If the project duration is extended beyond 2 weeks from the original timeline due to the Client’s continued failure to provide the requested information, GovInvest will submit a Change Order for one week (40 hours) of incremental consulting at a rate of $225 per hour. Subsequent change orders will apply for any further delays attributable to the client. Changes in Scope of Work will be presented to the Client for review and signature before the project can continue. ADDITIONAL REQUIREMENTS None Customer Name: Colton, CA Project Sponsor:

Signature: Date:

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Attachment: Colton CA - SOW Agreement (4035 : Contract Award - GovInvest) Colton, CA Scope of Work
Actuarial Services and Technology Page 1
Scope of Work
Labor Costing
Agency (“Client”): Colton, CA

Full Name Role
Project Sponsor1 Stacey Dabbs Finance Director
Data Contacts2 Stacey Dabbs

Finance Director

Superuser Stacey Dabbs [email protected]
Additional Users3
Stacey Dabbs
Tom Cody

Finance Director
Human Resources & Risk Management
Director

INITIAL PROJECT GOAL
☒ Create organization-wide labor costing build with bargaining units and/or unrepresented groups. ☐ Initial project to have a project scope of (outline units and deliverables):

PERIOD OF TIME DESIRED FOR COSTING
☐ The costing period will be the same for all units (e.g., fiscal year or calendar year reporting). ☒ Initial period to model for validation of baseline results: July 1 - June 30 After organization-wide build is complete, Client may choose to copy specific bargaining units for different timing if desired, but Client may need to adjust input data to reflect the timing change.

INITIAL BUILD APPROACH
GovInvest will send the following Excel templates to be filled out by the client:

1. Benefits Template -> Record of all benefits, special pays, pension plans, allowances, and expenses to be modeled.

2. Salary Schedule / Pay Grades (min/max ranges) -> List of all positions or classifications along with salary scale or min/max wage ranges, as appropriate.

After receipt of this data, GovInvest will setup a project with the desired parameters. Client will then provide GovInvest with census data by either:
☐ Client will provide the necessary census data by person with the position, benefits, expenses, and special pay information needed to perform the costing, from their ERP, human resources and/or payroll system, in an Excel format. GovInvest will translate this data into the necessary format, with help as needed by the Client. ☒ GovInvest will provide the client with an Excel census template with the necessary data elements and formatting. Client will complete the Excel census file directly.

1 Client leadership with ultimate responsibility for this project and GovInvest relationship 2 Personnel responsible for data collection and responding to GovInvest questions, additional information requests, and resolving data questions. 3 Occasional users of the system, either directly or indirectly. May or may not have system logins.

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Attachment: Colton, CA - Labor Costing SOW (4035 : Contract Award - GovInvest) Colton, CA Scope of Work
Actuarial Services and Technology Page 2

PROJECT TIMING
Anticipated Timing
Kickoff Meeting
Review Scope of Work, roles, and project schedule with project team. Do review of required data that is needed.

2023-05-29

Implementation

1. Client provides completed cost templates, chart of accounts, and cost validation.

Range: 0 weeks (if at kickoff) to 2 weeks

2023-06-12

2. Executive Review Session to ensure project is moving forward.

Range: 0 weeks to 2 weeks 2023-06-12

3. GovInvest creates initial cost structures.

Range: within 3 to 6 weeks
2023-06-26

4. Client check-in for initial cost structures and any additional data needed.

Range: within 1 to 2 weeks
2023-07-03

5. Client provides data needed to complete the census.

Range: within 1 to 3 weeks
2023-07-17

6. GovInvest provides final build for client validation.

Range: within 1 to 2 weeks
2023-07-31

7. GovInvest and Client meet to validate results and adjust as needed.

Range: within 1 to 2 weeks
2023-08-14

8. GovInvest and Client meet to train on reporting, scenarios, and analysis.

Range: within 2 weeks of build delivery
2023-08-23

9. GovInvest and Client’s Project Sponsor meet to review results and sign-off.

Range: within 1 week of training
2023-08-30

Implementation One-Time Fee

6.b
Packet Pg. 173
Attachment: Colton, CA - Labor Costing SOW (4035 : Contract Award - GovInvest) Colton, CA Scope of Work
Actuarial Services and Technology Page 3
This is a Fixed Price Proposal which reflects a corresponding fixed timeline and defined project deliverables. GovInvest will assign an implementation consultant(s) to the Client’s project who will be dedicated through the project duration and completion. Client acknowledges its role in providing the required information in a timely manner to facilitate an on- time/on-budget project delivery. If the project is delayed by more than 1 week due to the client’s failure to furnish the requested information, there will be an escalation meeting to immediately remedy. If the project duration is extended beyond 2 weeks from the original timeline due to the Client’s continued failure to provide the requested information, GovInvest will submit a Change Order for one week (40 hours) of incremental consulting at a rate of $225 per hour. Subsequent change orders will apply for any further delays attributable to the client. Changes in Scope of Work will be presented to the Client for review and signature before the project can continue.

DATA UPDATE
GovInvest will update the Labor Costing Module data annually beginning on the following date: 06/01/2024.

ADDITIONAL REQUIREMENTS
N/A

Customer Name: Colton, CA

Project Sponsor:

Signature:

Date:

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Attachment: Colton, CA - Labor Costing SOW (4035 : Contract Award - GovInvest)

ITEM NO. 7

STAFF REPORT

DATE: APRIL 18, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: HANK DOMINGUEZ, POLICE CHIEF
SUBJECT: APPROVE CITY MANAGER AUTHORITY TO ACCEPT 2019

JUSTICE ASSISTANCE GRANT AWARD (JAG) AND ITS

ACCOMPANYING INTERLOCAL AGREEMENT, APPROVE
RESOLUTION, AND PURCHASE OF NINE (9) BOLAWRAP
DEVICES, HOLSTERS, AND CARTRIDGES, RESOLUTION NO. R-
21-23.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

It is recommended that the City Council approve and adopt Resolution No. R -21-23, authorizing the acceptance of the 2019 Justice Assistance Grant (JAG) Award for $14,308 along with its accompanying Interlocal agreement with the County of San Bernardino. Staff plans to utilize the grant to purchase nine BolaWrap devices, holsters, and cartridges.

BACKGROUND

The Justice Assistance Grant (JAG) is the provider of federal criminal justice funding to state and local jurisdictions. The formula for the distribution of funds is based on each city’s population, their part one crimes and direct allocations to state and local governments. The City of Colton’s allocation has been determined to be $15,061 in which the County will retain 5% or $753 of the city’s allocation t o administrate the distribution of funds, leaving the city $14,308.

These grant funds must be expended for law enforcement purposes only. The grant cannot be used to purchase weapons, ballistic vest, or to supplant equipment.

ISSUES/ANALYSIS

7 Packet Pg. 175
Staff Report to the Mayor and City Council
Grant - 2019 Justice Assistance Grant
April 18, 2023

The Colto n Police Department is currently in the process of testing other non -lethal forms of compliance and apprehension. WRAP Technologies is the Sole Source Manufacturer of the non-lethal BolaWrap 150 remote restraint technology. Pro -Force is the sole distribu ter of BolaWrap devices for all State of California purchases. WRAP’s BolaWrap Remote Restraint device is a patented, hand -held pre -escalation and remote restraint device that discharges a Kevlar tether to temporarily restrain uncooperative suspects and pe rsons in crises from a distance. Through its many field uses and growing adoption by agencies across the globe, BolaWrap is proving to be an effective tool to safely detain persons without injury or the need to use higher levels of force.

The Bola Wrap i s another means of appreh ension from more traditional forms of less lethal compliance. The Colton Police Department will test and evaluate the use and effectiveness of the BolaWrap devices as an alternative means of taking a mentally disturbed or uncooper ative person into custody. The Colton Police Department will train officers to carry and use the devices among the four patrol shifts.

In order to receive these funds, the City will enter into an agreement with the County of San Bernardino to administrate the distribution of the allocations upon their receipt. The County will retain 5% or $753 of the City’s allocation for this service, leaving the city $14,308. These funds must be utilized for law enforcement purposes only.

Staff realizes that this grant is four years old. H owever the funds for the 2019, 2020, and 2021 JAG Grants have been delayed to this State due to the prior presidential administration’s requirements.

There are three primary causes for the delay in the JAG Grants achieving active status. First, the addition of infeasible clauses in the JAG Grant agreements by the previous administration that pertained to immigration (initiated with EO 13768 in January 2017, revoked with EO 13993 in January 2021, with DOJ guidance iss ued in Apr il 2021). Second, the DOJ challenging implementation of the Just Grants system (launched in October 2020), which included the acute complication of our Law and Justice Group grants being migrated to another agency within the County. Lastly, the implement ation of National Incident -Based Reporting System (NIBRS), which has required revisions to the original JAG budgets (JAG 2018 through JAG 2021) to reflect the mandatory 3% set -aside. To further complicate the issue, the participating agencies are achieving compliance on an ongoing basis.

FISCAL IMPACTS

The budget for the City of Colton for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023 was approved and adopted. Staff recommends approving and adopting Resolution R -21-23 to amend the FY2022-23 Budget by:

1.) Increasing revenues in JAG Grant Fund Revenue Account GL 225 -5890-009 by $14,308.00 to accept the grant funds.
7 Packet Pg. 176
Staff Report to the Mayor and City Council
Grant - 2019 Justice Assistance Grant
April 18, 2023

2.) Increasing appropriations in the Miscellaneous Grant Fund Safety Equipment Account Number 225-6070-7004-1180-0000-009 for $14,308 for the purchase of 9 BolaWrap devices, holsters, and cartridges.

There are sufficient appropriations in the adopted FY2022 -23 Police Department General Fund Safety Equipment Account Number 100-6070-6071-1180-0000-000 to cover the remaining balance of the proposed purchase.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Sole Source Letter WRAP

2. Quote from ProForce

3. JAG 2019 Distribution List

4. Resolution R-21-23

5. JAG 2019 Interlocal Agreement
7 Packet Pg. 177

7.a
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Attachment: Sole Source Letter WRAP (4011 : Grant - 2019 Justice Assistance Grant)

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Attachment: Quote from ProForce (4011 : Grant - 2019 Justice Assistance Grant)

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Attachment: Quote from ProForce (4011 : Grant - 2019 Justice Assistance Grant)

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Attachment: JAG 2019 Distribution List (4011 : Grant - 2019 Justice Assistance Grant) 1 2
3 4
5 6
7 8
9 10
11 12
13 14
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19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. R-21-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
TO ACCEPT A GRANT IN THE AMMOUNT OF $14,308 FROM THE
2019 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
(JAG) AND AMEND THE 2022/2023 FISCAL BUDGET.

WHEREAS, The Budget for the City of Colton for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023 was approved and adopted; and WHEREAS, The approved budget is in accordance with all applicable ordinances of the City of Colton and all applicable statutes of the State; and WHEREAS, On June 9, 2020 the 2019 Edward Byrne Memorial Justice Assistance Grant was awarded by the County to the Colton Police Department in the amount of $14,308.

NOW, THEREFORE, BE IT RESOLVED, DECLARED, DETERMINED AND ORDERED by the City Council of the City of Colton, California, as follows:

I.) Section 1. Amend the FY 2022/2023 Budget to increase Revenues in JAG. Grant Fund Revenue Account GL 225-5890-009 in the amount of $14,308.00 to accept the grant.

2.) Section 2. Amend the FY 2022/2023 Budget to increase appropriations in Miscellaneous Grant Fund Safety Equipment Account Number 225-6070-7004-1180-0000-009 by $14,308 for the purchase of nine (9) Bola Wrap devices, holsters, and cartridges.

PASSED, APPROVED AND ADOPTED THIS 18th DAY OF APRIL
2023.

ATTEST:

STEPHANIE VARGAS
Deputy City Clerk

FRANK NAVARRO
Mayor

7.d
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Attachment: Resolution R-21-23 (4011 : Grant - 2019 Justice Assistance Grant)

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Attachment: JAG 2019 Interlocal Agreement (4011 : Grant - 2019 Justice Assistance Grant)

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Attachment: JAG 2019 Interlocal Agreement (4011 : Grant - 2019 Justice Assistance Grant)

ITEM NO. 8

STAFF REPORT

DATE: APRIL 18, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: HANK DOMINGUEZ, POLICE CHIEF
SUBJECT: APPROVE CITY MANAGER AUTHORITY TO ACCEPT 2020

JUSTICE ASSISTANCE GRANT AWARD (JAG) AND ITS

ACCOMPANYING INTERLOCAL AGREEMENT, APPROVE

RESOLUTION, AND PURCHASE OF TWO PORTABLE HONDA
GENERATORS AND RELATED EQUIPMENT, RESOLUTION NO. R-
22-23.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve and adopt Resolution No. R -22-23, authorizing the acceptance of the 2020 Justice Assistance Grant (JAG) Award for $13,089 along with its accompanying Interlocal agreement with the County of San Bernardino. Staff plans to utilize the funds to purchase tw o Honda portable generators and related equipment.

BACKGROUND

The Justice Assistance Grant (JAG) is the provider of federal criminal justice funding to state and local jurisdictions. The formula for the distribution of funds is based on each city’s population, their part one crimes and direct allocations to state and local governments. The City of Colton’s allocation has been determined to be $13,778 in which the County will retain 5% or $689 of the city’s allocation to a dministrate the distribution of funds, leaving the city $13,089.

These grant funds must be expended for law enforcement purposes only. The grant cannot be used to purchase weapons, ballistic vest, or to supplant equipment.

ISSUES/ANALYSIS

8 Packet Pg. 236
Staff Report to the Mayor and City Council
Grant - 2020 Justice Assistance Grant
April 18, 2023

The Colton Police Department is currently in the process of building an off -highway fleet in order to enforce laws and ordinances in the rural parts of ou r city. We also have entered into an agreement with San Bernardino County to assist them in their multi -jurisdictional OHV sweeps in County flood control areas as well as our own rural protected habitats. Enforcement is usually conducted out in the field or in the flood control area where there is no shoreline power. When working a multi -agency detail with the help of surrounding agencies to includ e San Bernardino County Sheriff’s Department, San Bernardino Police Department, Rialto Police Department, and Riverside Sheriff’s Department, along with the California Fish & Game Wardens portable power is necessary for operational effectiveness in both day and nighttime operations.

The department has purchased three Off -Highway Vehicles and as such needs a portable generator to power the enclosed trailers out in a rural environment. In addition, the police department currently has a 2006 Police Command Center which does not have a functioning on board generator. Staff has been using an older and very loud portable generator (6,000 Watts) for the last 4 -5 years to power a portion of the command center for DUI Checkpoints, Community Events, and other oper ational activities where the Command Center is needed out in the field.

One of these portable Honda Generators (10,000 Watts) can be used to safely and quietly power a majority of the Command Center even in extreme heat with two of the three air condition ing units running. The Honda Generators are much more reliable and have less power surges which protects valuable electronics inside the Command Center. These portable and powerful generators are also beneficial during power outages. They can be trans ported easily and used to provide power to other City-owned buildings as well.

Staff obtained three quotes for the 10,000 Watt Honda Generators, and recommends using Northern Tool and Equipment. Northern Tool came in at the lowest of the three bids of $11,850.35. Northern Tool also includes free shipping to the police department. Northern Tool and Equipment is an American family owned company since 1981 and is originally from Minnesota. Northern Tool and Equipment currently has both 10,000 Watt Honda ge nerators in stock and ready to ship.

In order to receive these funds, the City will enter into an agreement with the County of San Bernardino to administrate the distribution of the allocations upon their receipt. The County will retain 5% , or $689 , of the City’s allocation for this service, leaving the city $13,089. These funds must be utilized for law enforcement purposes only.

Staff realizes that this grant is three years old, however the funds for the 2019, 2020, and 2021 JAG Grants have been del ayed to this State due to the prior presidential a dministration’s requirements. Included below, from the SB County office of Finance and Administration ,are the major reasons for the delayed funding to our State as well as other municipalities.

There are three primary causes for the delay in the JAG Grants achieving active status. First, the addition of infeasible clauses in the JAG Grant agreements by the previous administration that pertained to immigration (initiated with EO 13768 in January 2017, revok ed with EO 13993 in 8 Packet Pg. 237
Staff Report to the Mayor and City Council
Grant - 2020 Justice Assistance Grant
April 18, 2023

January 2021, with DOJ guidance iss ued in April 2021). Second, the DOJ challenging the implementation of the Just Grants system (launched in October 2020), which included the acute complication of our Law and Justice Group grants being migrated to another agency within the County. Lastly, the implementation of National Incident -Based Reporting System (NIBRS), which required revisions to the original JAG budgets , (JAG 2018 through JAG 2021) to reflect the mandatory 3% set -aside. To fur ther complicate the issue, t he participating agencies are achieving compliance on an ongoing basis.

FISCAL IMPACTS

The budget for the City of Colton for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023 was approved and adopted. Currently, the two Honda generators and supplies will be completely paid for by this 2020 JAG Grant. Staff recommends approving and adopting Resolution R-22-23 to amend the FY2022-23 budget by:

1.) Increasing revenues in JAG Grant Fund Revenue Account GL 225 -5890-010 by $13,089.00 for grant acceptance.

2.) Increasing appropriations in the Miscellaneous Grant Fund Safety Equipment Account GL 225-6070-7004-1180-0000-010 by $13,089 for two Honda 10,000 Watt portable generators.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. 3 Generator Quotes

2. Resolution R-22-23

3. JAG 202 Distribution List

4. JAG 2020 Interlocal Agreement
8 Packet Pg. 238

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RESOLUTION NO. R-22-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
TO ACCEPT A GRANT IN THE AMMOUNT OF $13,089 FROM THE
2020 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
(JAG) AND AMEND THE 2022/2023 FISCAL BUDGET.

WHEREAS, The Budget for the City of Colton for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023 was approved and adopted; and WHEREAS, The approved budget is in accordance with all applicable ordinances of the City of Colton and all applicable statutes of the State; and WHEREAS, On December 31, 2021 the 2020 Edward Byrne Memorial Justice Assistance Grant was awarded by the County to the Colton Police Department in the amount of $13,089.

NOW, THEREFORE, BE IT RESOLVED, DECLARED, DETERMINED AND ORDERED by the City Council of the City of Colton, California, as follows:

1.) Section 1. Amend the FY 2022/2023 Budget to increase Revenues in JAG Grant Fund Revenue Account GL 225-5890-010 by $13,089.00 to accept the grant funds.

2.) Section 2. Amend the FY 2022/2023 Budget to increase appropriations in Miscellaneous Grant Fund Safety Equipment Account Number 225-6070-7004-1180-0000-010 by $13,089 for two Honda 10,000 Watt portable generators.

PASSED, APPROVED AND ADOPTED THIS 18th DAY OF APRIL
2023.

ATTEST:

STEPHANIE VARGAS
Deputy City Clerk

FRANK NAVARRO
Mayor

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ITEM NO. 9

STAFF REPORT

DATE: APRIL 18, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: HANK DOMINGUEZ, POLICE CHIEF
SUBJECT: APPROVE CITY MANAGER AUTHORITY TO ACCEPT 2021

JUSTICE ASSISTANCE GRANT AWARD (JAG) AND ITS

ACCOMPANYING INTERLOCAL AGREEMENT, APPROVE

RESOLUTION, AND PURCHASE OF ONE ENCLOSED VEHICLE
TRAILER, RESOLUTION NO. R-23-23.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve and adopt Resolution No. R -23-23, authorizing the acceptance of the 2021 Justice Assistance Grant Award (JAG) for $15,324 along with its accompanying Interlocal agreement with the County of San Bernardino. Staff plans to utilize the grant funding to purchase one enclosed vehicle trailer to haul and store an Off-Highway Vehicle and supplies.

BACKGROUND

The Justice Assistance Grant (JAG) is the provider of federal criminal justice funding to state and local jurisdictions. The formula for the distribution of funds is based on e ach city’s population, their part one crimes and direct allocations to state and local governments. The City of Colton’s allocation has been determined to be $16,131 in which the County will retain 5% or $807 of the city’s allocation to a dministrate the d istribution of funds, leaving the city $15,324.

These grant funds must be expended for law enforcement purposes only. The grant cannot be used to purchase weapons, ballistic vest, or to supplant equipment.

ISSUES/ANALYSIS

The Colton Police Department is currently in the process of creating an off highway fleet in order to enforce laws and ordinances in the rural parts of ou r city. The City has entered into an 9 Packet Pg. 303
Staff Report to the Mayor and City Council
Grant - 2021 Justice Assistance Grant
April 18, 2023

agreement with The San Bernardino County to assist them in their multi -jurisdictional OHV sweeps in County flood control areas as well as our own rural protected habitats. The Department, on a seasonal basis , conducts enforcement by means of overtime assignments.

Enforcement is usually conducted when working a multi -agency detail with the help of surrounding agencies to include San Bernardino County Sheriff’s Department, San Bernardino Police Department, Rialto Police Department, and Riverside Sheriff’s Department, along with the California Fish & Game Wardens.

The department has purchased three Off-Highway Vehicles and as such needs an enclosed trailer to haul them from operation to operation. This enclosed trailer will be able to haul the CAN -AM Maverick that we purchased using the B oard of Supervisors OHV Fun ding which was approved at the 3/7/ 23 City C ouncil meeting. The trailer will also be able to transport our two smaller OHV’s as well.

Staff has obtained three quotes for the enclosed trailer and recommends using Big Tex Trailer World located in Beaumont CA. Big Tex trailer came in the lowest bid for an 8.5 X 24 trailer at $16,320.28 and currently has the trailer in stock. Having the item in stock is a huge benefit to the police department as we do not have to wait months for it to be built. The gross vehicle weight that this trailer ca n haul is 6,044 pounds which will cover the weight of any combination of our OHV’s being transported. The height and length of this enclosed trailer will also accommodate any of our OHV’s and their related emergency equipment.

In order to receive thes e funds, the City will enter into an agreement with the County of San Bernardino to administrate the distribution of the allocations upon their receipt. The County will retain 5% or $807 of the City’s allocation for this service, leaving the city $15,324. These funds must be utilized for law enforcement purposes only.

Staff realizes that this grant is two years old, however the funds for the 2019, 2020, and 2021 JAG Grant have been delayed to this State due to the prior presidential a dministration’s requirements. Included below, from the SB County office of Finance and Administration, are the major reasons for the delayed funding to our State as well as other municipalities.

There are three primary causes for the delay in the JAG Grants ach ieving active status. First, the addition of infeasible clauses in the JAG Grant agreements by the previous administration that pertained to immigration (initiated with EO 13768 in January 2017, revoked with EO 13993 in January 2021, with DOJ guidance iss ued in April 2021). Second, the DOJ challenging implementation of the Just Grants system (launched in October 2020), which included the acute complication of our Law and Justice Group grants being migrated to another agency within the County. Lastly, the implementat ion of National Incident -Based Reporting System (NIBRS), which has required revisions to the original JAG budgets (JAG 2018 through JAG 2021) to reflect the mandatory 3% set -aside. To further complicate the issue, the participating agencies are achieving compliance on an ongoing basis.

9 Packet Pg. 304
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April 18, 2023

FISCAL IMPACTS

The budget for the City of Colton for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023 was approved and adopted. Staff recommends approving and adopting Resolution R -23-23 to amend the FY2022-23 budget by:

1.) Increasing revenues in JAG Grant Fund Revenue Account GL 225 -5890-011 by $15,324.00 to accept the grant funds.

2.) Increasing appropriations in the Miscellaneous Grant Fund Automobile Account Number 225-6070-7004-4910-0000-011 by $15,324 fo r a Pace American 8.5 x 24 enclosed vehicle trailer.

There are sufficient appropriations for the balance of the enclosed trailer that exceeds the grant award in the FY2022-23 adopted budget in General Fund Police Operations Automobile Account Number 100-6070-6071-4910-0000-000.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. 3 Enclosed Trailer Quotes

2. Resolution R-23-23

3. JAG 2021 Distribution List

4. JAG 2021 Interlocal Agreement
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RESOLUTION NO. R-23-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
TO ACCEPT A GRANT IN THE AMMOUNT OF $15,324 FROM THE
2021 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
(JAG) AND AMEND THE 2022/2023 FISCAL BUDGET.

WHEREAS, The Budget for the City of Colton for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023 was approved and adopted; and WHEREAS, The approved budget is in accordance with all applicable ordinances of the City of Colton and all applicable statutes of the State; and WHEREAS, On December 31, 2021 the Edward Byrne Memorial Justice Assistance Grant was awarded to and disbursed by the county to the Colton Police Department in the amount of $15,324.

NOW, THEREFORE, BE IT RESOLVED, DECLARED, DETERMINED AND ORDERED by the City Council of the City of Colton, California, as follows:

1.) Section 1. Amend the FY 2022/2023 Budget to increase Revenues in JAG Miscellaneous Grant Fund Revenue Account GL 225-5890-011 by $15,324.00 to accept the grant funds.

2.) Section 2. Amend the FY 2022/2023 Budget to increase appropriations in Miscellaneous Grant Fund Automobile Account Num ber
225-6070-7004-4910-0000-011 by $15,324 for a Pace American 8.5 x 24 enclosed vehicle trailer.

PASSED, APPROVED AND ADOPTED THIS 18th DAY OF APRIL
2023.

ATTEST:

STEPHANIE VARGAS
Deputy City Clerk

FRANK NAVARRO
Mayor

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ITEM NO. 10

STAFF REPORT

DATE: APRIL 18, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: DEB FARRAR, COMMUNITY SERVICES DIRECTOR
SUBJECT: APPROVE AND ADOPT A RESOLUTION APPROVING

APPLICATION FOR STATEWIDE PARK SPECIFIED LOCAL

GRANT FUNDS FOR THE COLTON SPORTS COMPLEX

DEVELOPMENT AND LUQUE CENTER IMPROVEMENTS AND
AMEND THE FY 2022-2023 BUDGET TO ACCEPT GRANT FUNDS,
RESOLUTION NO. R-31-23.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve and Adopt Resolution R -31-23 to approve the application for Statewide Park Specified Local Grant funds;

2. Amend the Fiscal Year 2022-2023 budget to reflect the receipt of funding and allocate as detailed in this report;

3. Authorize the City Manager to sign the applicable documents on behalf of the City to execute the grant application(s).

BACKGROUND

On June, 20 21, Assembly Mem ber Eloise Gómez Reyes se cured $19,000,000 in funding for development the Colton Sports Complex and im provements to the Luque Library in Colton, within the California State Budget through Local Assistance Grant Funds , for fiscal year 2022 - 2023. The City of Colton received unofficial notification of the award in the Fall of 2022 and formal notification in March 2023.

ISSUES/ANALYSIS
10 Packet Pg. 363
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April 18, 2023

The Specified Local Assistance Grant Funds are administered by the California State Department of Parks and Recreation, Office of Grants and Local Services (OGALS) . The Department is required to enter into grant agreements with OGALS for both projects by December 31, 2023.

The grants require that the City of Colton adopt a resolution approving application(s) for Local Assistance Specified Grant funds. The resolution serves to confirm that the grantee agrees with the terms of the grant agreement s; has funding to complete, operate, and maintain the projects associated with the grant agreements; and designates a position or positions to act on behalf of the City on all grant -related matters. Upon adoption of the resolution, t he Department staff will prepare and submit project application packets for each project to OGALS. Projects mu st be completed by December 31, 2025 and all grant documents submitted by January 31, 2026.

Staff recommends the City Council make the required findings and approve the Authorizing Resolution and authorize the City Manager to sign the applicable documents on behalf of the City to execute these grant projects.

FISCAL IMPACTS

Adoption of Resolution R -31-23 seeks to amend the FY2022 -23 budget to i ncrease appropriations and revenue in the Miscellaneous Grant Fund to account for grant acceptance and expenditure. The grant funding is reimbursable to the City for allowable expenditures in accordance with the grant documentation and guidelines.

In order to account for this grant funding, it is necessary to amend the FY2022-23 as follows:

REVENUE
225-5855-023 CA Grants: Sports Park & Luque Library $19,000,000

EXPENDITURE
225-6200-6238-3890-0000-023 Colton Sports Complex $18,000,000 225-6200-6239-3890-0000-023 Luque Library Project $ 1,000,000

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. R-31-23 State Grant - Sports Complex & Luque Library Improvements 10 Packet Pg. 364

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RESOLUTION NO. R-31-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COL TON APPROVING THE APPLICATION FOR SPECIFIED GRANT FUNDS AND AMEND THE FY 2022/2023 BUDGET TO ACCEPT GRANT FUNDING FOR THE COLTON PARK DEVELOPMENT PROJECTS.

WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of Calif ornia for the administration of a grant to the City of Colton, setting up necessary procedures governing the application; and

WHEREAS, said pr ocedures established by the State Department of Parks and Recreation require the applicant’s Governing Body to certify by resolution the approval of the projects application(s) before submission of said application to the State; and

WHEREAS, the applicant will enter into a contract with the State of California to complete project(s), currently funded at $18,000,000 for the Colton Sports Complex and $1,000,000 for Luque Library Improvements;

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CIT Y COUNCIL FOR THE DISTRICT, AS FOLLOWS:

Section 1

1. Approves the filing of project application(s) for specified grant project(s); and

2. Certifies that said applicant has or will have available, prior to commencement of project work utilizing specified grant funds, has sufficient funds, including those provided by this grant, to complete the project; and

3. Certifies that the applicant has or will provide sufficient funds to operate and maintain the project(s), and

4. Certifies that the applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in this Procedural Guide; and

5. Delegates the authority to the City Manager, or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope(s); and

6. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

Section 2
To amend the FY 22/23 budget to increase revenue and expenditure appropriations in the amounts below:

REVENUE
225-5855-023 CA Grants: Sports Park & Luque Library $19,000,000

EXPENDITURE
225-6200-6238-3890-000-023 Colton Sports Complex $18,000,000 225-6200-6239-3890-000-023 Luque Library Project $1,000,000.

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PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF APRIL 2023

________________________________________

FRANK J, NAVARRO
Mayor

ATTEST:

STEPHANIE VARGAS
Deputy City Clerk

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ITEM NO. 11

STAFF REPORT

DATE: APRIL 18, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: DEB FARRAR, COMMUNITY SERVICES DIRECTOR
SUBJECT: APPROVE RESOLUTION TO AUTHORIZE APPLICATION TO

LAND AND WATER CONSERVATION FUND FOR CHAVEZ PARK

RENOVATION AND APPROVE PROFESSIONAL SERVICES

AGREEMENT FOR BLAIS & ASSOCIATES FOR GRANT WRITING
SERVICES, RESOLUTION NO. R-32-23.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1) Authorize Resolution R -32-23 authorizing an application for the CA Department of Parks and Recreation: Land and Water Conservation Fund (LWCF),

2) Approve professional services agreement for Blais & Associates to provide grant writing services for the project, wa iving the normal formal bidding process in accordance with Colton Municipal Code 3.08.140(e), and

3) Authorize the City Manager to execute all contracts necessary to proceed.

BACKGROUND

Land and Water Conservation Fund (LWCF) grants provide funding for th e acquisition or development projects for outdoor recreation opportunities. Since 1965, over one thousand parks throughout California have been created or improved with LWCF assistance. The project must be placed under Land and Water protection in perpetu ity and is designated for outdoor recreation.

City Council, the Recreation & Parks Commission, and City Staff have identified the need for significant improvements to existing parks, however funding for said improvements is in 11 Packet Pg. 367
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April 18, 2023

shortage. Recently, grant f unds have been secured for the full renovation of Davis Park, playgrounds at three parks, renovation of the Luque Library, and development of the new Colton Sports Complex. Chavez Park is the oldest park in the Colton system , h ome to three city community centers and is in the most need of a full renovation . This project will be the primary capital improvement request in the years to come.

ISSUES/ANALYSIS

Local agencies have been invited to apply for LWCF through the California Department of Parks and Recreation (DPR) to secure these funds for their community, with applications due June 1, 2023. The proposed renovation of Chavez Park would be an approp riate fit, which would include improvement to ADA access, walkability and safety along E street, renov ated park features, expand Teen center outdoor access, increased security and overall improvement for community usage.

The maximum funding available per project is $ 6 million with 50% required local match, however matching sources can include labor, volunteer services, and materials, as well as budget expenditures. The expected application would be $1.5 million, requiring a $750,000 match. The timeline for the project is projected for award announcement in December 2023, however all approved projects then must be recommended to the National Parks Service (NPS). NPS review and approval process could take up to two years. Grant performance period begins on the date of NPS approval and project must be complete within three years . At earliest, funding would be necessary in the Fiscal Year 2025 -2026. In the meantime, staff would be seeking other alternate funding sources and means to meet the matching requirement outside general fund dollars.

Both LCWF and DPR require the City of Colton adopt a resolution approving application(s) for LCWF grants. The resolution serves to confirm that the City agrees with the terms of the Grant Administrative Guide; h as funding to complete and maintain the projects associated with the agreements; and designates a position or positions to act on behalf of the City on all grant-related matters.

The City of Colton currently has a contract with Blais and Associates for grant writing services out of the City Manager’s Office. The current proposal for grant writing services to apply for the LCWF is $11,003 which when combined with the existing contract, exceeds the City Managers $50,000 limit for the fiscal year. The grant writing and preparation to be completed to generate this grant application for the Chavez Park Renovation P roject will be helpful in any future grant opportunities for the same project.

Colton Municipal Code 3.08.140(e) allows the City Manager to dispense with the public bidding for professional services contracts exceeding $50,000, if he determines it is in the best interest of the City and its administrative operations to do so. Since the City already has a contract in place for grant writing services with Blais and Associates where they have demonstrated their 11 Packet Pg. 368
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Grant - LWCF Chavez Park
April 18, 2023

experience and knowledge and successful grant writing for the City, staff has determined it is in the best interest of the City to award the additional work.

Staff recommend the adoption of Resolution R -32-23, approval of the professional services agreement and authorize the City Manager to execute all contracts necessary to proceed.

FISCAL IMPACTS

There is no fiscal impact for adopting the authorizing resolution itself. However, if awarded, the City will be required to have or make available sufficient funds to advance the cost of the entire project, with reimbursement up to 50% of the expenditures. The grant funding is reimbursable to the City for allowable expenditures in accordance with the grant documentation and guidelines.

Sufficient appropriations for the grant writing services are available in the FY2022-23 budget in Community Services - Administration Professional Services Account Number 100-6200-6200- 2350-0000-000.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. R-32-23 LCWF & Blaise

2. PSA -Blaise 3.30.2023
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RESOLUTION NO. R-32-23

A RESOLUTION OF THE CITY COUNCIL OF COL TON, CALIFORNIA

APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUND FOR CHAVEZ PARK PROJECT.

WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a federal Land and Water Conservation Fund Grant -In-Aid program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing Facilities for public outdoor recreation purposes; and

WHEREAS, the California Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing applications by local agencies under the program; and

WHEREAS, the applicant certifies by resolution the approval of the application and the availability of eligible matching funds prior to submission of the application to the State; and

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:

1. Approves the filing of an application for Land and Water Conservation Fund assistance for the proposed; Chavez Park Improvement Project; and

2. Certifies that the applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and

3. Agrees to abide by 54 U.S.C. §200305(f)(3) which requires, “No property acquired or developed with assistance under this section shall, without the approval of the National Secretary of the Interior, be converted to other than public outdoor recreation uses. The Secretary shall approve such conversion only if he finds it to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location.”

4. Certifies that said agency has matching funds from eligible source(s) and can finance 100 percent of the project, which up to half may be reimbursed; and

5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

6. Appoints the City Manager as agent of the applicant to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned project.

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PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF APRIL 2023

________________________________________
FRANK J. NAVARRO
Mayor

ATTEST:

STEPHANIE M. VARGAS
Deputy City Clerk

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CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

1. P ARTIES AND DATE.

This Agreement is made and entered into this 19th day of April 2023 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 Blaise & Associates, a corporation with its principal place of business at 7545 Irvine Business Center, Suite 200, Irvine CA 92618 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. R ECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.

Consultant represents that it is experienced in providing grant writing 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 services for the grant writing project CA Department of Parks and Recreation: (Land and Water Conservation Fund) project (“Project”) as set forth in this Agreement.

3. T ERMS.

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 grant writing 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 through June 30, 2023 unless earlier terminated as provided herein. 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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3.2 Responsibilities of Consultant.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The 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 direction and control. 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: Debra Farrar.

3.2.5 City’s Representative. The City hereby designates William R. Smith, City Manager, or his designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.6 Consultant’s Representative. Consultant hereby designates Nancy Littman, or his or 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

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Representative shall supervise and direct the Services, using his 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.

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 licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, 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 Certifications. 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 the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, and agents 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.

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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 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 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 the 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 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 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 Workers’ 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.

3.2.10.5 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

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City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.2.10.6 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", which 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 subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.7 Water Quality.

(A) Management and Compliance. To the extent applicable, Consultant’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

(B) Liability for Non-compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Consultant or City to penalties, fines, or additional regulatory requirements. 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, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Consultant’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.

(C) Training. In addition to any other standard of care requirements set forth in this Agreement, Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Consultant further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Consultant with a list of training programs that meet the requirements of this paragraph.

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3.2.11 Insurance.

3.2.11.1 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. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

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 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. (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.

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) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; 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,

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agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.
(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. (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 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.

3.2.11.5 Separation of Insureds; No Special Limitations. 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.

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, and administrative and defense expenses.

3.2.11.7 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.

3.2.11.8 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

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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.

3.2.11.9 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.

3.2.12 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 as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving 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.

3.2.13 Accounting Records. 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.

3.3 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 Eleven Thousand, Three Dollars ($11,003) without written approval of City Manager. 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 itemized statement which indicates work completed and hours of Services rendered by Consultant.

The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

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

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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. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.5 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. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents 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 Termination of Agreement.

3.4.1 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.

3.4.2 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.

3.4.3 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.

3.5 Ownership of Materials and Confidentiality.

3.5.1 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

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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 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.

3.5.2 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.

3.5.3 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 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.

3.5.4 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.

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3.5.5 Confidentiality. All Documents & Data, either created by or provided to Consultant in connection with the performance of this Agreement, shall be held confidential by Consultant. All Documents & Data shall not, without the prior written consent of City, be used or reproduced by Consultant for any purposes other than the performance of the Services. Consultant shall not disclose, cause or facilitate the disclosure of the Documents & Data to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant that 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 General Provisions.

3.6.1 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:

Blais & Associates
7545 Irvine Center Drive
Irvine Business Center, Suite 200
Attn: Nancy Littman
City:

City of Colton
650 North La Cadena Drive
Colton, California 92324
Attn: Deb Farrar, Director of Community Services
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.

3.6.2 Indemnification.

3.6.2.1 Scope of Indemnity . To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its directors, 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 alleged acts, errors or omissions of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above

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indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

3.6.2.2 Additional Indemnity Obligations. Consultant shall defend, with Counsel of City's choosing and at Consultant’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.6.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents.

Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.

3.6.3 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.

3.6.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.5 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.6.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.6.7 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.

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3.6.8 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 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.

3.6.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.10 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.

3.6.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.6.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.6.12 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.

3.6.13 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 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.

3.6.14 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.

3.6.15 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement,

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the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

3.6.16 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.

3.6.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6.18 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.
[SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON

AND BLAIS & ASSOCIATES, INCORPORATED

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 19th day of April 2023.

CITY OF COLTON

By: _________________________
William R. Smith
City Manager

Attest: _________________________
Stephanie Vargas
Deputy City Clerk

BLAIS & ASSOCIATES,
a Corporation

By: _________________________
Signature

_________________________
Name (Print)

_________________________
Title (Print)
By: _________________________
Signature

_________________________
Name (Print)

_________________________
Title (Print)

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EXHIBIT “A”

SCOPE OF SERVICES

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EXHIBIT “B”

SCHEDULE OF SERVICES

All work shall be completed by June 30, 2023.

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EXHIBIT “C”

COMPENSATION

Compensation shall not exceed Eleven Thousand, Three Dollars ($11,003).

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ITEM NO. 12

STAFF REPORT

DATE: APRIL 18, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE AND ADOPT RESOLUTION TO PURCHASE A TRAILER

MOUNTED VACTOR UNIT FOR THE STORM WATER DIVISION

OF THE PUBLIC WORKS AND UTILITY SERVICES DEPARTMENT,
RESOLUTION NO. R-27-23.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Award the purchase of one (1) Trail er Mounted Vactor Unit (Ring -O-Matic 850VX HI CFM) for $167,030.97 to Haaker Equipment Company through the Sourcewell cooperative purchasing program; and,

2. Adopt Resolution R -27-23 to amend the Fiscal Year 2022 -2023 budget, increasing the Storm Water capital outlay automobile account by $77,935.84.

BACKGROUND

The City of Colton Public Works and Utility Services Department, Storm Water Division, does not have this necessary equipment to clean the City’s existing storm drain system. The department will uti lize this Vactor Unit extensively for all Stormwater related services, which include cleaning and maintaining over 400 stormwater inlet/catch basin infrastructure and also keep up with future development. With purchase approval, the mobile Vactor Unit wil l greatly enhance the Stormwater Division’s capabilities, significantly improving the Department and City’s ability to remain in compliance with current state regional water board regulations and mandates. Historically, the City’s Stormwater Division has heavily relied on the availability and courtesy of other departments for assistance and thereby impacting their workloads. By 12 Packet Pg. 392
Staff Report to the Mayor and City Council
Purchase - Haaker Equipment Company
April 18, 2023