Cities Index.
Agenda packet

Colton City Council
June 6, 2023

Document
Agenda packet
Meeting
June 6, 2023
Body
Colton City Council
Pages
13
Original file
95.0 MB
Text extracted from the city's file for reading and search. Open the original on coltonca.api.civicclerk.com. That file is the official record.

from Malcolm Smith Motorsports, is significantly less; however, it is just a quote for the vehicle itself without the up -fitting that the department requires. Even with that, the base model from Malcolm Smith was still higher than the base price of both other quotes. Numerous attempts to get an up-fitted quote from Malcolm Smith Motorsports on a Commander M axx but they do not give up-fitted quotes as the other two dealerships do.

ISSUES/ANALYSIS

The Colton Police Department serves the City of Colton, California. The City of Colton has a population of approximately 55,000 people and covers a total of 24 square miles. Within the 24 square miles, a large amount of that land consists of the Santa Ana Riverbed, the La Loma Hills, and Reche Canyon Hills. Within the incorporated city limits are the dunes around the railroad tracks that run east and west as well as north and south. The City of Colton is also known as the Hub City due to both the Santa Fe and Union Pacific railways connecting within City limits.

These areas are all accessed by dirt roads that are only accessible to 4X4 vehicles, dirt bikes or OHVs. Within the last several years the police department h as observed an ever -increasing number of off -roaders that come into the city and go off -roading. All these properties are marked as “No Trespassing.” There are times when there are over 500 “Razor” type Off Highway Vehicles along with dirt bikes and quad s in the riverbed. Numerous complaints have come in from residents in the surrounding area from all the recklessness that occurs due to off roaders. In order to gain access to the area the off roaders have cut gates, chains, moved K-Rails, and driven ove r fences to use these protected lands as a recreational area for events and functions. Crime in these off -road areas has also grown to include homicides, stabbings, rapes, drug charges, over doses, thefts, pursuits, and fights.

The Colton Police Department is currently assembling an off highway/road detail where officers are assigned as a collateral assignment. The department has on a seasonal basis conducted enforcement by means of overtime assignments. Enforcement is usually conducted when working a mul ti-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.

According to the County's contract, the timeline for all expenditures should be spent by September 23, 2023. Because of this compressed timeline and having the OHV Fleet completely up-fitted with emergency lighting, graphics, radios, and safety equipment, staff is requesting the City Council dispense with formal bidding in accordance with Colton Municipal Code Section

3.08.140(E), which states “ Purpose of Bidding is Otherwise Accomplished. When the City Manager determines that it is in the best interest of the City and its administrative operations to dispense with public bidding for Non -Public Projects under this chapter. Prior City Council concurrence with the City Manager's determination shall be required for Non -Public Project purchases over one hundred thousand dollars. ” To comply with the contractual timeline with the County, the Police Department is requesting that City Council accept the informal, three (3) quote process as sufficient for the purposes of competitive bidding. The police department ne eds 13 Packet Pg. 568
Staff Report to the Mayor and City Council
Purchase - Bert's Mega Mall
June 6, 2023

Page 3 ends

to be fully operational (purchase and up -fitted with decals, radios, lights, and safety equipment) with these vehicles as soon as possible so we can fulfill our contractual obligations to the County should they request assistance from recipient agencies.

With the purchase and implementation of these vehicles and equipment the Colton Police Department will be able to greatly assist our own officers as well as neighboring jurisdictions with rescue operations in the Santa Ana riverbed, enforcing tresp assing violations in the rural areas of our city including the protected fly habitats, sand dunes, flood control, Reche Canyon area, and our city streets.

Bert’s Mega Mall total up -fitted price for the Commander Maxx was lower than the up -fitted price from Temecula Motorsports. As mentioned in the background section of this staff report Malcolm Smith would not give an up -fitted price to staff only a base model price. Also, the quotes from Bert’s had the recommended off -road requested accessories that Malco lm Smith would not give an up -fitted price to staff. Staff recommends awarding to Bert’s Mega Mall for the purchase of the CAN-AM Commander Maxx OHV and related equipment due to the reasons stated above.

FISCAL IMPACTS

Staff calculates no additional fis cal impacts to the already adopted and approved allocations for this OHV purchase. Staff still estimates the total cost to purchase and up -fit both vehicles with emergency lighting, graphics, radios, accessories, and safety equipment will not exceed the approved and adopted allocation of $162,334.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. 2022-09-13 CON-BOS-092722-Agreement_OHV

2. CommanderMaxx_Quotes
13 Packet Pg. 569

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Attachment: 2022-09-13 CON-BOS-092722-Agreement_OHV (4085 : Purchase - Bert's Mega Mall)

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Attachment: 2022-09-13 CON-BOS-092722-Agreement_OHV (4085 : Purchase - Bert's Mega Mall)

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Attachment: 2022-09-13 CON-BOS-092722-Agreement_OHV (4085 : Purchase - Bert's Mega Mall)

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Attachment: 2022-09-13 CON-BOS-092722-Agreement_OHV (4085 : Purchase - Bert's Mega Mall)

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Attachment: 2022-09-13 CON-BOS-092722-Agreement_OHV (4085 : Purchase - Bert's Mega Mall)

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Attachment: 2022-09-13 CON-BOS-092722-Agreement_OHV (4085 : Purchase - Bert's Mega Mall)

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Attachment: 2022-09-13 CON-BOS-092722-Agreement_OHV (4085 : Purchase - Bert's Mega Mall)

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Attachment: 2022-09-13 CON-BOS-092722-Agreement_OHV (4085 : Purchase - Bert's Mega Mall)

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Attachment: 2022-09-13 CON-BOS-092722-Agreement_OHV (4085 : Purchase - Bert's Mega Mall)

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Attachment: 2022-09-13 CON-BOS-092722-Agreement_OHV (4085 : Purchase - Bert's Mega Mall)

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Attachment: 2022-09-13 CON-BOS-092722-Agreement_OHV (4085 : Purchase - Bert's Mega Mall)

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Attachment: 2022-09-13 CON-BOS-092722-Agreement_OHV (4085 : Purchase - Bert's Mega Mall)

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Attachment: 2022-09-13 CON-BOS-092722-Agreement_OHV (4085 : Purchase - Bert's Mega Mall)

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Attachment: 2022-09-13 CON-BOS-092722-Agreement_OHV (4085 : Purchase - Bert's Mega Mall)

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Attachment: 2022-09-13 CON-BOS-092722-Agreement_OHV (4085 : Purchase - Bert's Mega Mall)

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Attachment: 2022-09-13 CON-BOS-092722-Agreement_OHV (4085 : Purchase - Bert's Mega Mall)

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Attachment: 2022-09-13 CON-BOS-092722-Agreement_OHV (4085 : Purchase - Bert's Mega Mall)

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Attachment: CommanderMaxx_Quotes (4085 : Purchase - Bert's Mega Mall)

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Attachment: CommanderMaxx_Quotes (4085 : Purchase - Bert's Mega Mall)

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Attachment: CommanderMaxx_Quotes (4085 : Purchase - Bert's Mega Mall)

ITEM NO. 14

STAFF REPORT

DATE: JUNE 6, 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 PURCHASE OF THREE PHASE TRANSFORMER TEST SET FROM OMICRON ELECTRONICS CORP, USA, FOR $66,589.51.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve the sole source purchase of three -phase transformer test set (TESTRANO 600) from Omicron Electronics Corp, USA, for $66,589.51, in accordance with Colton Municipal Code

3.08.140(b).

BACKGROUND

Colton Electric Department (CED) has a total of ten (10) 66kV to 12kV power transformers equipped with load tap changers (LTC) installed throughout its five subst ation locations. CED uses power transformers to step down the sub -transmission voltage (66kV) to distribution voltage (12kV) at all of their electric substations. The step down distribution voltage (12kV) is then applied to the substation’s switchgear al lowing for protection, switching, a nd distribution throughout the City by either overhead or underground electric distribution lines.

A three-phase transformer test set is used for maintenance and during outage situations to test the various electrical test (transformer turns ratio, exciting current, winding resistance, dynamic resistance, and power/dissipation factor) needed for power transformers, ensuring safe and reliable operation of the system. Omicron Electronics Corporation’s TESTRANO 600 uses bo th Test Universe and ADMO software, which CED currently uses for all testing and asset data management.

14 Packet Pg. 590
Staff Report to the Mayor and City Council
Purchase - Omicron Electronics Corp, USA
June 6, 2023

Page 2 ends

ISSUES/ANALYSIS

CED currently uses other Omicron testing units, testing software (Test Universe), and asset data managing software (ADMO). TESTRANO 600 three -phase power transformer test set is a required addition needed for testing all 10 of CED’s 66kV to 12kV three -phase power transformers. Omicron sells direct to utilities and not through various distributors, and is the sole source provider for t his equipment. Staff has received a quotation from Omicron for a TESTRANO 600 three-phase power transformer test set unit and testing package for a total cost of $66,589.51.

Colton Municipal Code, Title 3, Chapter 3.08.140, Section (b) allows for the competitive bidding requirement to be waived for non -public projects when there is no competitive market.

Specifically, Section (b) allows that the competitive bidding process may be waived, “[w]hen the City Council determines, in accordance with applicable l aw, that a competitive market does not exist and that no competitive advantage will be gained by the public bidding process.”

Since Omicron is the manufacturer of the test equipment and they do not sell their equipment through distributors, there is no c ompetitive market and there is no competitive advantage to be gained by a public bidding process.

FISCAL IMPACTS

Sufficient appropriations for the purchase of a new power transformer test set are available in the adopted FY2022 -23 Budget in Electric Utility Fund, Substation, Miscellaneous Capital Equipment Expense Account Number 520-8000-8003-4930-0101-000.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. SQ22003592-1

2. TESTRANO-600-Brochure-ENU
14 Packet Pg. 591
City of Colton CA
150 S. 10th St.

Colton, CA 92324
United States
Date: 14 Feb 2023
Your reference:

Inquiry: TESTRANO 600
Contact: Jason Penunuri
E-mail: [email protected]
Customer: C83868
Enduser: C83868
Quotation SQ22003592-1
Area Sales Manager: Customer & Sales Support:

Sales partner:

Erik Smith
Phone: +1 713 212 6147
E-mail: [email protected]
Sheila Lutz
Phone: +1 713 212 6112
E-mail: [email protected]
Stephanie Montoya
Matzinger-Keegan Inc.

Phone: +1 949 852 1006
E-mail: [email protected]
City of Colton CA
150 S. 10th St.

Colton, CA 92324
United States
We like to hear from you.

OMICRON electronics Corp. USA
3550 Willowbend Blvd.

Houston, TX 77054 | USA
And exchange knowledge.
www.omicronenergy.com
omicron-electronics
OMICRONenergy

Page 1 of 3 ends

T +1 713 212 6100
F +1 713 830 4660
[email protected]
Thank you for your interest in our products. Further to your enquiry we would like to present you with the following quotation.

If you have any questions or, if you would like additional information please do not hesitate to contact us.

14.a
Packet Pg. 592
Attachment: SQ22003592-1 (4066 : Purchase - Omicron Electronics Corp, USA) Sales priceItem number Description Amount (USD)No. Qty.Unit (Configuration)
Summary
For detailed item descriptions, please review subsequent pages.

Quotation SQ22003592-1
We like to hear from you.

OMICRON electronics Corp. USA
3550 Willowbend Blvd.

Houston, TX 77054 | USA
And exchange knowledge.
www.omicronenergy.com
omicron-electronics
OMICRONenergy

Page 2 of 3 ends

T +1 713 212 6100
F +1 713 830 4660
[email protected]
P0000705(No-
Display)
1 pc(s) 52,750.00 52,750.001 TESTRANO 600 - Standard 3 Phase Transformer Test System
P0006797 1 pc(s) 5,560.00 5,560.002 PTM Advanced for TESTRANO 600 P0006338 1 pc(s) 2,890.00 2,890.003 SAA2 Standard Package P0006630 1 pc(s) 600.00 600.004 Shipping & Handling
USDSales price 61,800.00
61,800.00USDSubtotal
4,789.51USDSales tax amount
66,589.51USDTotal
Conditions:

Expiry date:

Terms of payment:

Incoterms:

Shipped by:
16 Mar 2023
30 days net
DAP Colton, CA USA
Normally within twelve to fourteen weeks from the receipt date of the order except where otherwise indicated in the quotation line.

Indicated delivery dates are non-binding, unless explicitly confirmed by OMICRON in writing.

This Quotation is made without obligation and is non-binding, but only indicates the currently applicable price list. A contract shall only be deemed concluded upon receipt of the order confirmation issued by OMICRON.

The General Terms and Conditions apply, which are available at www.omicronenergy.com/en/legal.

14.a
Packet Pg. 593
Attachment: SQ22003592-1 (4066 : Purchase - Omicron Electronics Corp, USA) DescriptionItem numberNo.
(Configuration)
Quotation SQ22003592-1
We like to hear from you.

OMICRON electronics Corp. USA
3550 Willowbend Blvd.

Houston, TX 77054 | USA
And exchange knowledge.
www.omicronenergy.com
omicron-electronics
OMICRONenergy

Page 3 of 3 ends

T +1 713 212 6100
F +1 713 830 4660
[email protected]
Product details
P0000705
(No-Display)
TESTRANO 600 - Standard 3 Phase Transformer Test System Includes:
- TESTRANO 600 test set with power amplifier for 3 x 400 V AC (L-L) and 3 x 33 A DC
- Quick Test Module
- Turns Ratio Module
- Winding Resistance Module
- Core Demagnetization Module
- Short Circuit Imp. / Leakage Reactance Module
- Power Loss at Low Voltage Module
- Primary Test Manager (PTM) Standard PC Software, including Manual Test Mode and Report Generator
- TESTRANO 600 Getting Started Manual
- Transport case for TESTRANO 600
- Soft bag including TESTRANO 600 Cables and Accessories 1 P0006797 PTM Advanced for TESTRANO 600
- Guided Workflow
- Customized Test Plans
- Automatic Assessment
- Graphical Comparison
- Trending
2 P0006338 SAA2 Standard Package
consisting of
- SAA2-Control Unit CU
- 1 Signal Lamp
- Transport case for 4 Signal Lamp
3 P0006630 Shipping & Handling
Shipping & Handling
4 14.a
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Attachment: SQ22003592-1 (4066 : Purchase - Omicron Electronics Corp, USA) TESTRANO 600
Three-phase test system for comprehensive
power and distribution transformer testing

14.b
Packet Pg. 595
Attachment: TESTRANO-600-Brochure-ENU (4066 : Purchase - Omicron Electronics Corp, USA) 2 3
> +
One system for multiple tests on power transformers: TESTRANO 600 The newly designed, powerful and compact
three-phase power transformer test set,
weighing 20 kg / 44 lbs.

Your benefits
> True three-phase power transformer
test set
> Powerful device with 3 x 33 A DC or
400 V AC
> Reduced wiring effort as same wiring
can be used for different tests
> Three times faster testing
> Automatic tap changer control and
measurement, no accessory required
> Fast and reliable demagnetization
of transformer’s core
www.omicronenergy.com/TESTRANO-600
TESTRANO 600:

One system – multiple tests
Touch-and-Test with TESTRANO 600
TESTRANO 600 is the world’s first portable, three-phase test system which supports all common electrical tests on single- and three-phase power and distribution transformers.

Compared to conventional single-phase test sets the three-phase capabilities of TESTRANO 600 offer several advantages:
> One setup can be used to perform various tests
> The rewiring effort is significantly reduced
> Testing time can be cut down to a third of the time
> Increased safety as less trips up and down are needed TESTRANO 600 provides you with a convenient way of testing to gain a comprehensive insight into the condition of every part of your power transformer. It can be operated using TESTRANO TouchControl on the integrated display, or by using our Primary Testing Manager TM software on your laptop. This makes it ideal for routine and diagnostic testing onsite or during factory acceptance tests (FAT).

DEMAGNETIZATION
Demagnetization of the core is recommended after
DC has been applied, e.g. during winding resis-
tance tests. The risk of high inrush currents during
energization, and influences on other tests are
reduced.

TRANSFORMER TURNS RATIO
Transformer turns ratio (TTR) measurements verify
the operating principle of a power transformer to
detect shorted turns and open-circuited conditions.

In order to perform this test with up to 12 kV, the
CP TD12 and MCA1 are required.

DYNAMIC RESISTANCE
Dynamic resistance measurements (DRM) are used
to check the on-load tap changer (OLTC) for poorly
maintained and damaged OLTC contacts.

DC WINDING RESISTANCE
DC winding resistance measurements are used to
assess contact problems of the windings and tap
changers.

SHORT-CIRCUIT IMPEDANCE /

LEAKAGE REACTANCE
Leakage reactance / short-circuit impedance mea -
surements are sensitive methods to assess possible
deformation or displacements of windings.

POWER / DISSIPATION FACTOR
(with CP TD12)
Power/dissipation factor and capacitance measure -
ments are performed to investigate the insulation
of power transformers and bushings.

EXCITING CURRENT
Exciting current measurements are performed to
assess the turn-to-turn insulation of the windings,
the magnetic circuit of a transformer as well as
the tap changer. In order to perform this test with
10 kV, the CP TD12 is required.

VIBRO-ACOUSTIC MEASUREMENT
The vibro acoustic measurement records a unique
vibration pattern during the operation of the
on-load tap changer to evaluate the mechanical
integrity of the OLTC.

FREQUENCY RESPONSE

OF STRAY LOSSES
The frequency response of stray lossess (FRSL) test
identifies short-circuits between parallel strands
and local overheating due to excessive eddy current
losses.

QUICK TEST
The Quick Test is TESTRANO 600’s swiss army knife.

You can define your own test procedures and per -
form special measurements like magnetic balance
or zero-sequence impedance.

COOLDOWN TEST
The cooldown test is performed to determine
the winding temperature at the end of the heat
run procedure by means of a winding resistance
measurement.

VECTOR GROUP CHECK
The vector group check can be used to determine
the vector group of the power transformer.

14.b
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Attachment: TESTRANO-600-Brochure-ENU (4066 : Purchase - Omicron Electronics Corp, USA) 4 5
Three-phase solution to speed up and simplify power transformer testing Three wires are all you need
TESTRANO 600 is connected to the high-voltage and low-
voltage side of the transformer by using specially designed multi-purpose cables.

The cables, which support a 4-wire (Kelvin) connection, only have to be connected once at the transformer’s terminals.

Then all test outputs and measurement inputs are automatically controlled by TESTRANO 600 without the need to change the connection again.

To automatically switch between different tap positions of an on-load tap changer (OLTC), a multiplug cable can be connected. This cable can also be used to record motor current and voltage of the OLTC.

Three powerful sources
The compact and powerful design with three integrated
sources enables you to perform high accuracy measurements in a fraction of the time required by other solutions:
> 3-phase transformer turns ratio with 400 V L-L
> 3-phase winding resistance with 33 A
> 3-phase short-circuit impedance / leakage reactance
> Fast demagnetization with 16 A
A wider frequency range
Standard power / dissipation factor measurements at line frequency can only detect the effects of moisture and
aging at an advanced stage.

By combining TESTRANO 600 with CP TD12*, you can
perform measurements across a frequency range from
15 Hz to 400 Hz. This increases the sensitivity of the test and enables you to detect problems much earlier than
with the standard measurement.

Active discharge and fast demagnetization
The active discharge function (patent pending) of
TESTRANO 600 automatically discharges the winding
within a matter of seconds, e.g. after resistance
measurements have been performed. This speeds up
testing time and increases the safety for the tester
With TESTRANO 600, you can quickly demagnetize the
transformer’s core before and after testing. This reduces the risk of high inrush currents during energization and of influences of a magnetized core on other tests.

Safety first
TESTRANO 600 follows the “safety first” principles
and fulfills the highest safety standards by providing
an emergency stop button as well as safety and
warning lights.

Another example are the custom-designed connector
plugs which prevent you from connecting the wrong
outputs. In addition, the simple wiring concept with
labeled connection leads, leaves almost no room for errors.

Rugged and compact design
With TESTRANO 600 you get all the required components
in just one box. This makes testing quite comfortable and the system, weighing only 20 kg / 44 lbs, easy to transport.

The rugged design makes it ideal for on-site testing as well as in rough environments.

The intuitive side panel and color coded cables of
TESTRANO 600 make it easy to connect the test set
for safe and reliable measurements.

Your advantages of true
three-phase testing:
> Rewiring effort is significantly reduced
> Speeds up testing because all three phases
are energized at once
> Fully automated control of tap changer
during the test
> Verify the phase shift of any winding
configuration
* CP TD12 is an optional accessory to the TESTRANO 600.

See more details on page 11.

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Attachment: TESTRANO-600-Brochure-ENU (4066 : Purchase - Omicron Electronics Corp, USA) 6 7
>+
TESTRANO TouchControl – Easy test preparation and fast test execution Easy handling during test preparation
During operation with TESTRANO TouchControl, you
can choose between creating a new, manual test or
loading an already prepared test.

In order to identify your asset and keep your testing
results organized, you can enter basic transformer
nameplate information before starting your test.

Handy features for comparison and
detailed analysis
Test results are available as a table and in graphical form to provide you with the best possible overview on your test results.

You can easily re-order the lines of the table when making phase-to-phase or tap-to-tap comparisons. You can also
switch between different result plots, e.g. one showing the absolute values and another showing the deviation to
nameplate values.

In order to create customized reports, you can export tests to our Primary Test Manager TM.

TESTRANO TouchControl
TESTRANO TouchControl is an optional control
option and features an integrated, high-resolution,
multi-touch display. The high contrast of the

10.6” display ensures good visibility even in bright
sunlight. This allows fast, flexible and easy testing
without bringing a laptop PC onsite.

TESTRANO 600 can be operated in multiple ways:
> Primary Test Manager TM Standard is the default software and offers basic functionality on your laptop.
> Primary Test Manager TM Advanced offers a guided test workflow, easy data management and automatic result
assessment on your laptop.
> TESTRANO TouchControl, using the integrated touch
display for fast and easy test workflow on the device.

All three options support all diagnostic tests on power and distribution transformers.

Best possible support during test preparation
and execution
Each test follows an intuitive two-step workflow. You can set the measurement parameters on the “Settings” screen and press “Start”. You can then review the results on the “Measurement” screen.

Pre-configured wiring diagrams, that depend on the selected vector group of your power transformer, assist you with setting up the test equipment in the correct manner.

This minimizes the likelihood of measurement errors and speeds up your testing process.

The USB interface can be used to
import and export test files to and
from TESTRANO 600.

This can be used to prepare complex
tests in advance and just import
them onsite.

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Attachment: TESTRANO-600-Brochure-ENU (4066 : Purchase - Omicron Electronics Corp, USA) 8 9
> +
Primary Test Manager
TM – Guided testing with easy data management and automatic result assessment Management of location, asset and test data
PTM provides a well-structured database for managing all related transformer data to get a comprehensive overview of your asset’s condition. You can define and manage
locations, assets, jobs and reports in an easy and fast way.

PTMate app – your mobile companion
PTMate is our mobile companion for PTM. The app supports you on site and extends the PTM feature set to your smartphone, such as sending images directly, fast and safe wiring for tests as well as a stop button for ongoing measurements.

Data synchronization and back-up
During on-site testing, data is often generated by multiple testing teams. With the ‘PTM DataSync’ module, you can
synchronize all data to a central database hosted on premises or in the cloud. In doing so, data synchronization and storage becomes safer and more convenient. You can select the
relevant locations in order to keep the local database small.

Execution of diagnostic tests
PTM enables you to control and operate the connected
test set directly from a computer. In order to assist you during testing, PTM helps you in defining your transformer with type-specific nameplate views.

Customized test plans
Based on the nameplate values, PTM generates a customized test plan according to current standards and guidelines for each asset. Thereby, PTM provides you with a comprehensive test plan to thoroughly assess the condition of your asset.

By selecting or de-selecting individual tests, you can tailor the test procedure to your specific needs with minimum
effort. At the same time, test plans can be configured in advance to enable fast and effective measurements.

Automatic test execution
PTM allows to define a group of tests, which do not require any changes in connection. By the click of a button, all tests within the group are executed automatically in the defined sequence. This reduces testing time and increases convenience.

Result analysis and reporting
Results are automatically stored and organized in the
database on your PC and are available for analysis and
reporting. Each test can be automatically assessed according to international standards and guidelines or based on your individual limit values.

Comparison tools for detailed analysis
The measurement result can be visualized in tables and plots for easy review and assessment. Additionally, they can be compared with previous results and historical trends, allowing further in-depth analysis.

Customized, individual reports
PTM automatically generates reports including all asset- related information and performed tests. This gives you a comprehensive overview of the test object, test results and assessment.

You can easily adapt test reports, for example, by choosing from different types of result tables and diagrams and by providing comments on every test. Furthermore, you can
incorporate your company logo, photos and other test results.

Easy management of location, asset and test data due to a structured database, implemented search and filter functions and automatic data synchronization.

The Primary Test Manager TM (PTM) is the ideal software tool for the diagnostic testing and condition
assessment of your power transformers, providing
different PTM licenses depending on your needs:
> Primary Test Manager TM Standard is the default
software and offers basic functionality on your
laptop.
> Primary Test Manager TM Advanced offers a guided
test workflow, easy data management and
automatic result assessment on your laptop.

For a comprehensive analysis, PTM offers automatic result assessment and comparison as well as customized reporting.

PTM supports you in the best possible way during execution of diagnostic tests via wiring diagrams and asset-specific test plans according to international standards.

Get the PTMate app free of charge
in the App Store and Google Play Store!

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Attachment: TESTRANO-600-Brochure-ENU (4066 : Purchase - Omicron Electronics Corp, USA) 10 11
HV & LV inputs – current 4
Input Range Accuracy3
AC (RMS) 0 ... 4 A RMS
0 ... 40 A RMS

0.036 % rd + 0.0033 % range

0.023 % rd + 0.013 % range
DC 0 ... 0.56 A DC
0 ... 5.6 A DC
0 ... 56 A DC

0.1 % rd + 0.023 % range

0.037 % rd + 0.026 % range

0.008 % rd + 0.01 % range
Technical data and possible accessories
TESTRANO 600
10 Outputs
HV & LV outputs – power
Frequency DC or 15 Hz … 599 Hz
Power Vmains P30s Pcontinuous
> 100 VRMS 1500 W 1000 W
> 190 VRMS 4000 W 2400 W
HV & LV outputs – voltage
Source Range Imax, continuous
3-phase AC
(RMS)
0 ... 230 V (LN)
0 ... 80 V (LN)
0 ... 40 V (LN)
100 mARMS
16 A
33 A
1-phase AC
(RMS)
0 ... 240 V
0 ... 120 V
16 A
33 A
3-phase DC 0 ... ±113 V
0 ... ±56 V
16 A
33 A
1-phase DC 0 ... ±340 V
0 ... ±170 V
16 A
33 A
Inputs
HV & LV inputs – voltage 2
Input Range Accuracy3
AC (RMS) 0 ... 300 mV
0 ... 3 V
0 ... 30 V
0 ... 300 V

0.01 % rd + 0.003 % range

0.01 % rd + 0.003 % range

0.01 % rd + 0.003 % range

0.012 % rd + 0.003 % range
DC 0 ... 42.4 mV
0 ... 424 mV
0 ... 4.24 V
0 ... 42.4 V
0 ... 424 V

0.022 % rd + 0.032 % range

0.01 % rd + 0.017 % range

0.007 % rd + 0.012 % range

0.01 % rd + 0.017 % range

0.007 % rd + 0.012 % range
CP TD12
VAM1
Senosor Interface
Sensor type IEPE acceleration sensor
Number of Sensor Channels 3
Output
Voltage max. 30 V DC
Current @ sensor voltage in
the range of 0V to 24V
4 mA ± 10 %
Input
Voltage Range max. 10 Vpp AC
Bandwidth 3.6 Hz to 100 kHz
Sample Rate 250 kHz
Signal to Noise Ratio (SNR) > 102 dB
Mechanical data
Dimensions (W × H × D) 109 × 72 × 63 mm / 4.3 × 10.7 × 2.5 inch Weight 0.65 kg / 1.43 lbs
1 Only AC permitted
2 Typical phase accuracy at 50 / 60 Hz, V > 30 % of range: 0.017° 3 Means “typical accuracy”; at typical temperatures of 23 °C ± 5 K; 98 % of all units have an accuracy which is better than specified 4 Typical phase accuracy at 50 / 60 Hz, I > 30 % of used range: 0.025° 5 From 2 000 m to 5 000 m altitude CAT III compliance only with half voltage
6 From 2 000 m to 5 000 m altitude only CAT II compliance or CAT III compliance with half voltage
Mechanical data
Dimensions
(W × H × D)
580 × 386 × 229 mm / 22.9 × 15.2 × 9.0 inch
(W = 464 mm / 18.3 inch without handles)
Weight Device with display: 20.6 kg / 45.5 lbs Device without display: 19.5 kg / 43 lbs
Equipment reliability
Shock IEC / EN 60068-2-27, 15 g / 11 ms,
half-sinusoid, each axis
Vibration IEC / EN 60068-2-6, frequency range from
10 Hz to 150 Hz, continuous acceleration 2 g
(20 m /s2 / 65 ft /s2), 10 cycles per axis
Environmental conditions
Temperature Operating: -10 °C ... +55 °C / +14 °F ... +131 °F Storage: -30 °C ... +70 °C / -22 °F ... +158 °F
Relative humidity 5 % ... 95 %, non-condensing
Maximum altitude Operating: 2 000 m / 6 550 ft,
up to 5 000 m / 16 400 ft
(with limited specifications 5,6)
Storage: 12 000 m / 40 000 ft
HV & LV outputs – current
Source Range Vmax, continuous
3-phase DC 0 ... ±33 A
0 ... ±16 A
56 V
113 V
1-phase DC 0 ... ±100 A
0 ... ±33 A
0 ... ±50 A
0 ... ±16 A
56 V
170 V
113 V
340 V
3-phase AC
(RMS)
0 ... 33 A (LN)
0 ... 16 A (LN)
40 V
80 V
1-phase AC
(RMS)
0 ... 50 A
0 ... 33 A
0 ... 16 A
80 V
120 V
240 V
Combined values
DC resistance measurement
Current Range Accuracy3
3 ADC 10 ... 100 Ω
1 ... 10 Ω

0.1 ... 1 Ω

0.1 % rd + 0.18 % range

0.1 % rd + 0.267 % range

0.1 % rd + 0.18 % range
30 ADC 1 ... 10 Ω

0.1 ... 1 Ω

0.01 ... 0.1 Ω

0.001 ... 0.01 Ω

0.0001 ... 0.001 Ω

0.037 % rd + 0.017 % range

0.04 % rd + 0.027 % range

0.033 % rd + 0.017 % range

0.037 % rd + 0.027 % range

0.05 % rd + 0.043 % range
100 ADC 3 ... 30 mΩ
300 ... 3000 µΩ
30 ... 300 µΩ
3 ... 30 µΩ

0.033 % rd + 0.017 % range

0.037 % rd + 0.027 % range

0.05 % rd + 0.043 % range

0.07 % rd + 0.44 % range
Ratio measurement
Range Accuracy3
1:1 ... 10
1:10 ... 100
1:100 ... 1000
1:1000 ... 10 000

0.03 % rd + 0.043 % range

0.027 % rd + 0.043 % range

0.027 % rd + 0.043 % range

0.027 % rd + 0.043 % range
Power specifications
Voltage Nominal: 100 V ... 240 V AC
Permitted: 85 V ... 264 V AC
Frequency Nominal: 50 Hz / 60 Hz
Permitted: 45 Hz ... 65 Hz
Power fuse Automatic circuit breaker
with magnetic overcurrent
tripping at I > 16 A
Power consumption Continuous: < 3.5 kW
Peak: < 5.0 kW
High-voltage output
U THD Imax Smax tmax
0 ... 12 kV AC < 2%
300 mA 3600 VA > 2 min
100 mA 1200 VA > 60 min
Capacitance Cp (equivalent parallel circuit)
Range Typical accuracy 3 Conditions
1 pF ... 3 μF Error < 0.05 % of reading + 0.1 pF Ix < 8 mA, Utest = 2 kV ... 10 kV
1 pF ... 3 μF Error < 0.2 % of reading Ix > 8 mA,
Utest = 2 kV ... 10 kV
Power factor PF (cos φ)
Range Typical accuracy 3 Conditions
0 ... 10 %
(capacitive)
Error < 0.1 % of reading + 0.005 % 8 f = 45 ... 70 Hz,
I < 8 mA,
Utest = 2 kV ... 10 kV
0 ... 100 % Error < 0.5 % of reading + 0.02 % Utest = 2 kV ... 10 kV On-load tap changer input/output
Voltage 300 VRMS
Accuracy AC (50 / 60 Hz) / DC 0.07 % rd + 0.07 % range
Current clamp input 3 VRMS
Tap up/down switch Current1: 300 mA continuous
9 A for 0.7 s
Voltage1: 300 V RMS
Dissipation factor DF (tan δ)
Range Typical accuracy 3 Conditions
0 ... 10 %
(capacitive)
Error < 0.1 % of reading + 0.005 % 8 f = 45 ... 70 Hz,
I < 8 mA,
Utest = 2 kV ... 10 kV
0 ... 100 %
(0 ... 10000%)
Error < 0.5 % of reading + 0.02 % Utest = 2 kV... 10 kV 7 Signals below 45 Hz with reduced values possible.
8 Reduced accuracy at mains frequency or its harmonics. 9 Recommended system requirements marked in bold
10 Graphics adapter supporting Microsoft® DirectX 9.0 or later is recommended.
11 Installed software required for the optional Microsoft Office® interface functions.

Primary Test ManagerTM
System requirements 9
Operating system Windows 10™, 64-bit
CPU Multicore system with 2 GHz or faster
Single core system with 2GHz or faster
RAM minimum 4 GB ( 8 GB)
Hard disk minimum 5 GB of available space
Storage device DVD-ROM drive
Graphics adapter Super VGA (1280×768) or higher-resolution video adapter and monitor 10
Interface Ethernet NIC
Installed software 11 Microsoft Office® 365, Office® 2019, Office® 2016 or Office® 2013

14.b
Packet Pg. 600
Attachment: TESTRANO-600-Brochure-ENU (4066 : Purchase - Omicron Electronics Corp, USA) 12 13
12 Ordering information
* Find detailed ordering information and package descriptions on www.omicron energy.com/testrano-600 .

Description Ordering No.

TESTRANO 600 TouchControl
(for new device)
TESTRANO 600 TouchControl featuring an integrated

10.6“ color touch display
VEHO0700
TESTRANO 600 TouchControl
(retrofit option)
TESTRANO 600 TouchControl featuring an integrated

10.6“ color touch display
P0006234
PTM Advanced software license
License for PC software upgrade adding guided workflow, customized test plans, automatic assessment, graphical
comparison and trending
P0006797
Advanced control options
TESTRANO 600
Basic
Package
TESTRANO 600
Standard
Package
TESTRANO 600
Enhanced
Package
TESTRANO 600
Advanced
package
TESTRANO 600
Universal
Package
PTM Standard software license,
including manual control mode
and report generator
■ ■ ■ ■ ■
Quick test ■ ■ ■ ■ ■
Transformer turns ratio (TTR) /
exciting current
■ ■ ■ ■ ■
DC winding resistance ■ ■ ■ ■ ■
Demagnetization ■ ■ ■ ■ ■
Short-circuit impedance /
leakage reactance – ■ ■ ■ ■
Frequency response of stray
losses (FRSL) – ■ ■ ■ ■
Power / dissipation factor and
capacitance
(incl. CP TD12 and its
accessories)
– – – ■ ■
OLTC scan / dynamic resistance
measurement (DRM) – – ■ – ■
Vector group check – – ■ – ■
Cooldown test – – – – –
Power losses at low voltage ■ ■ ■ ■ ■
Ordering numbers P0000703 P0000705 P000200 P0000710 P0000748 TESTRANO 600 packages
All packages can be configured with or without a 10.6“ color touch display and are delivered by default with the Primary Test ManagerTM Standard software.

Find advanced control options in the corresponding section.

Accessories
Description Ordering No.

TESTRANO 600 HV cable
extension package
6 m / 19.7 ft extension package for HV cables
for large power transformers
P0006204
TESTRANO 600 LV cable
extension package
6 m / 19.7 ft extension package for LV cables
for large power transformers
P0006205
TESTRANO 600 HV cable 4m / 13 ft HV cable B1882800
TESTRANO 600 LV cable 4m / 13 ft LV cable B1882700
TESTRANO 600 tap changer cable 4m / 13 ft tap changer cable B1882900 SAA2 Cascadable safety accessory (up to six signal lamps) to mark testing area, including emergency button and
optional audible signal
–*
SAA3 3-position remote emergency switch,
with connection cable (15 m / 49 ft)
P0006323
C- Probe 1 Active AC and DC current probe with voltage output (two measuring ranges: 10 A and 80 A,
frequency range: DC to 10 kHz)
P0006434
MC A1 Measurement capacitance to perform transformer
turns ratio test up to 12 kV using CP TD12
P0006352
TESTRANO 600 transport case
for accessories
Transport case with wheels for TESTRANO 600
accessories
B1449803
Upgrade options
Description Ordering No.
"Short-circuit impedance / leakage
reactance" module
Software license upgrade to perform short-circuit
impedance / leakage reactance tests and frequency
response of stray losses (FRSL)
P0006795
"OLTC scan and transient recording"
module
Software license upgrade to perform dynamic resistance
measurements (DRM) including motor current recording
for OLTC
P0006796
"Vector group check" module Software license to automatically determine the vector group of the transformer
P0006799
„Cooldown test“ module Software license to perform cooldown tests Note: Requires TouchControl option (VEHO0700 / P0006234) P0006800
CP TD12 upgrade option Upgrade option to expand your exisiting TESTRANO 600 to a power / dissipation factor test system
P0005857
VAM1 upgrade option
Upgrade option to perform vibro-acoustic measurements
on OLTC
Note: For the motor current measurement a current clamp such as the C-Probe 1 (P0006362) is needed
P0000821
■ included – not included

14.b
Packet Pg. 601
Attachment: TESTRANO-600-Brochure-ENU (4066 : Purchase - Omicron Electronics Corp, USA) 100%
routine testing for all test
set components
ISO 9001
ISO 14001
OHSAS 18001
TÜV & EMAS
Compliance with international standards
15%
of our annual sales is reinvested in
research and development
More than
ISO 9001
You can rely on the
highest safety and
security standards
72 %
hours burn-in tests before delivery
Superior reliability
with up to
200
More than
developers
keep our solutions up-to-date
70%
Save up to
testing time through templates, and
automation
Innovation
Quality
We create customer value through ...
... a product portfolio tailored to my needs
I need...

Professional technical support at any time
Loaner devices
help to reduce
downtime
300
???
Academy and numerous hands-on
trainings per year
More than
Cost-eff ective and straight-forward repair
and calibration
Frequently OMICRON
hosted user meetings,
seminars and
conferences
25 offi ces worldwide for local contact and
support
Support
Knowledge
to thousands of technical papers and
application notes
Free
access
Extensive expertise in consulting, testing
and diagnostics

14.b
Packet Pg. 602
Attachment: TESTRANO-600-Brochure-ENU (4066 : Purchase - Omicron Electronics Corp, USA) Subject to change without notice.
www.omicronenergy.com
For more information, additional literature, and detailed contact information of our worldwide offices please visit our website.

OMICRON is an international company that works passionately on ideas for making electric power systems safe and reliable. Our pioneering solutions are designed to meet our industry’s current and future challenges. We always go the extra mile to empower our customers: we react to their needs, provide extraordinary local support, and share our expertise.

Within the OMICRON group, we research and develop innovative technologies for all fields in electric power systems. When it comes to electrical testing for medium- and high-voltage equipment, protection testing, digital substation testing solutions, and cybersecurity solutions, customers all over the world trust in the accuracy, speed, and quality of our user-friendly solutions.

Founded in 1984, OMICRON draws on their decades of profound expertise in the field of electric power engineering. A dedicated team of more than 900 employees provides solutions with 24/7 support at 25 locations worldwide and serves customers in more than 160 countries. © OMICRON L4320, 12 2021

.

L4320

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Attachment: TESTRANO-600-Brochure-ENU (4066 : Purchase - Omicron Electronics Corp, USA)

ITEM NO. 15

STAFF REPORT

DATE: JUNE 6, 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 THE PURCHASE OF A NEW 2024 KENWORTH T480

DUMP TRUCK THROUGH NATIONAL AUTO FLEET GROUP FOR

THE WATER UTILITIES DIVISION OF THE PUBLIC WORKS &
UTILITIES DEPARTMENT, IN THE AMOUNT OF $182,601.75.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve of the purchase of one 2024 Kenworth T480 Dump Truck for $182,601.75, from National Auto Fleet Group, through the Sourcewell cooperative purchasing program.

BACKGROUND

The City of Colton Water Utility Department currently operates two dump trucks – a 2006 GMC 6500 Dump Truck and a 2023 Ford F750 Dump Truck. The department utilizes the existing dump truck s for all water utility related services, which includes tasks associated with water mainline repairs, water service repairs, and new servi ce installation, to name a few. With the increased workload within the department, the need for a larger dump truck has arose. The current dump trucks have a carrying capacity of up to 5 yards. The proposed dump truck will have a carrying capacity of up to 10 yards. The a dditional capacity will allow for lesser trips for the large projects and will allow staff to work more efficiently. The existing 2006 GMC dump truck is proposed to be re -purposed to the Wastewater Department within Public Works and Utilities.

ISSUES/ANALYSIS

15 Packet Pg. 604
Staff Report to the Mayor and City Council
Purchase - National Auto Fleet Group
June 6, 2023

Page 2 ends

Section 3.08.140(C) of the City's Purchasing Ordinance allows an exception to competitive bidding when it is determined “that a competitive bid procedure has been conducted by another public agency and the price to the City is equal to or better th an the price to that public agency.” As a local government unit, Sourcewell created a cooperative purchasing contract designed to make the governmental procurement procedure more effective by creating competitively bid/priced contracts for goods and services; and providing the customer service necessary to help its members achieve their procurement goals. Sourcewell performs all competitive bidding and procurement procedures in accordance with state statutes. Only government agencies, public and private sch ools/colleges, tribal governments, and nonprofit organizations can register as a participating agency. The City of Colton is currently an active member of the Sourcewell cooperative purchasing contract program (registration account number 71800). National Auto Fleet Group is an approved , qualified Sourcewell contract vendor (#060920 -NAF). Staff is requesting the City Council to approve the purchase one 2024 Kenworth T480 Dump Truck from National Auto Fleet Group through the Sourcewell cooperative purchasing program.

FISCAL IMPACTS

Sufficient appropriations are available in the adopted FY2022-2023 budget in Water Fund Operations Automobile Account Number 521-8100-8101-4910-0000-000 to purchase a 2024 Kenworth T480 Dump Truck.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. National Auto Fleet Contract 060920 Site

2. Colton Sourcewell Quote ID#2380HD
15 Packet Pg. 605
060920-NAF

Rev. 2/2020 1

Solicitation Number: RFP #060920

CONTRACT

This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and 72 Hour LLC dba: National Auto Fleet Group, 490 Auto Center Drive, Watsonville, CA 95076 (Vendor).

Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT

A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires August 1, 2024, unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.

C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES

A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in 










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Attachment: National Auto Fleet Contract 060920 Site (4059 : Purchase - National Auto Fleet Group) 060920-NAF

Rev. 2/2020 2

Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.

3. PRICING

All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.












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Attachment: National Auto Fleet Contract 060920 Site (4059 : Purchase - National Auto Fleet Group) 060920-NAF

Rev. 2/2020 3

Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.

C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS

Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:

x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.












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Attachment: National Auto Fleet Contract 060920 Site (4059 : Purchase - National Auto Fleet Group) 060920-NAF

Rev. 2/2020 4

A fully executed Sourcewell Price and Product Request Form will be become an amendment to this Contract and be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential members to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING

A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract.

Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.












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Attachment: National Auto Fleet Contract 060920 Site (4059 : Purchase - National Auto Fleet Group) 060920-NAF

Rev. 2/2020 5

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. PERFORMANCE BOND. If requested by a Participating Entity, Vendor will provide a performance bond that meets the requirements set forth in the Participating Entity’s order.

D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

E. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or

3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity.

F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE

A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.












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Attachment: National Auto Fleet Contract 060920 Site (4059 : Purchase - National Auto Fleet Group) 060920-NAF

Rev. 2/2020 6

B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT

A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).

The Report must contain the following fields:

x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address;
x Customer City;
x Customer State/Province;
x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Vendor will submit a check payable to Sourcewell for the administrative fee amount of $400 multiplied by the total number of trucks purchased by Participating Entities from Vendor under this Contract, and $200 multiplied by the number of trucks purchased by Participating Entities from Vendor’s partner dealer Alan Jay Automotive in Florida, during each calendar quarter. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the address above “Attn: Accounts Receivable.” Payments must be received no later than 45 calendar days after the end of each calendar quarter.












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Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE

Sourcewell's Authorized Representative is its Chief Procurement Officer.

Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing.

10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE

A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.

B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.

C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.

D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.

E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. LIABILITY

Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused 










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by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications.

12. AUDITS

Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of 6 years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

13. GOVERNMENT DATA PRACTICES

Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract.

If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.

14. INDEMNIFICATION

As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws.

15. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT

A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor.
b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and 










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promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article.

Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos.
b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.

D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.

16. GOVERNING LAW, JURISDICTION, AND VENUE

Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.












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17. FORCE MAJEURE

Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

18. SEVERABILITY

If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.

19. PERFORMANCE, DEFAULT, AND REMEDIES

A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:












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x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

20. INSURANCE

A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit












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4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor’s professional services required under this Contract.

Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate

6. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate

Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include there will be no cancellation, suspension, non-renewal, or reduction of coverage without 30 days’ prior written notice to the Vendor.

Upon request, Vendor must provide to Sourcewell copies of applicable policies and endorsements, within 10 days of a request. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.












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C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies).

F. SELF-INSURED RETENTIONS. Any self-insured retention in excess of $10,000 is subject to Sourcewell’s approval.

21. COMPLIANCE

A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities.

22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION

Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.

Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs 










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operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS

Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work 










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Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.

C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.











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F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right 










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also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

24. CANCELLATION

Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.

Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell 72 Hour LLC dba: National Auto Fleet Group
By: __________________________ By: __________________________ Jeremy Schwartz Jesse Cooper
Title: Director of Operations &
Procurement/CPO
Title: Fleet Manager

Date: ________________________
Date: ________________________
Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO

Date: ________________________












 














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Attachment: National Auto Fleet Contract 060920 Site (4059 : Purchase - National Auto Fleet Group) National Auto Fleet Group
A Division of Chevrolet of Watsonville
490 Auto Center Drive, Watsonville, CA 95076
(855) 289-6572 • (831) 480-8497 Fax
Fl eet@N atio n a IAuto Fl eetG ro up .com
Contract Manager
[email protected]
Office (855) 289-6572
Fax (831) 480-8497
RA.INII
Quote ID#2380HD
Subtotal
Tax (8.75%)
CA Tire Fee
Total
This sourced item(s) is available under the Sourcewell (Formerly Known as NJPA) Contract 060920-NAF.

Please reference this Bid Number on all Purchase Orders.

Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call.

Sincerely,
$ 182,601.75
5/18/2023
City of Colton
650 N. La Cadena Dr.

Colton, CA 92324
Dear City of Colton ,
National Auto Fleet Group is pleased to quote the following sourced item(s) for your consideration. One (1) New/Unused (2024 Kenworth T480, L9 Cummins 300 HP Engine, Allison 3500 RDS Transmission with Plumbers Depot Equipment ) and provided by Mr. Jose Martin with Plumbers Depot, each for:
$ 167,900.00
$ 14,691.25
$ 10.50
Contract Price

15.b
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Attachment: Colton Sourcewell Quote ID#2380HD (4059 : Purchase - National Auto Fleet Group) Quote
Date
3/3/2023
Estimate #
29515
Name / Address
National Auto Fleet Group
490 Auto Center Drive
Watsonville, CA 95076
Ship To
City of Colton
PLUMBERS DEPOT INC.
3921 W. 139th Street
Hawthorne, CA 90250
Rep
Jose
Serial #
Signature and Na...

Fax #
(310)355-1711
Total
Subtotal
Sales Tax (0.0%)
Item Description Qty Price Total
PD-VAL-DT Dump Truck 1 162,900.00 162,900.00T
2024 KENWORTH T480 Specifications:

Px9 / L9 Cummins Mfg’d Diesel w/ 300Hp
Allison 3500 RDS 6-Speed Auto Transmission
14,600lb front and 40,000lb rear axles
Interlocking differentials
VGT Engine exhaust brake
Air Brakes
Aluminum battery box
Aluminum 50-gallon fuel tank
Small D.E.F. tank
A/C, P/S, AM/FM Radio, stainless mirrors and visor,
chrome upright exhaust
Air Driver and Passenger non-suspension bucket seats
White in color
This body is designed for heavy demo use. Valew double
walled bodies are going to maintain their outer
appearance while enduring severe use.

Floor: One Piece Steel
Double walled design
Interior Sides 3/16

Page 1 ends

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Attachment: Colton Sourcewell Quote ID#2380HD (4059 : Purchase - National Auto Fleet Group) Quote
Date
3/3/2023
Estimate #
29515
Name / Address
National Auto Fleet Group
490 Auto Center Drive
Watsonville, CA 95076
Ship To
City of Colton
PLUMBERS DEPOT INC.
3921 W. 139th Street
Hawthorne, CA 90250
Rep
Jose
Serial #
Signature and Na...

Fax #
(310)355-1711
Total
Subtotal
Sales Tax (0.0%)
Item Description Qty Price Total
Exterior Sides 10ga.

Top Rail
Rear Corner Post
Cheater Board Slots
Hoist Cylinder- Hydraulic telescopic style
Hydraulic Pump
Hot Shift PTO
Hydraulic Reservoir Tank
Safety Locking Air Controls
Air Latch Gate Standard
Center ditch gate
Spreader apron
Ph 45 Hitch Assembly w/ air and 7-way electric outlet
and air to rear
Spring Loaded Tarp System
Primer and Painted Black in Color

Page 2 ends

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Attachment: Colton Sourcewell Quote ID#2380HD (4059 : Purchase - National Auto Fleet Group) Quote
Date
3/3/2023
Estimate #
29515
Name / Address
National Auto Fleet Group
490 Auto Center Drive
Watsonville, CA 95076
Ship To
City of Colton
PLUMBERS DEPOT INC.
3921 W. 139th Street
Hawthorne, CA 90250
Rep
Jose
Serial #
Signature and Na...

Fax #
(310)355-1711
Total
Subtotal
Sales Tax (0.0%)
Item Description Qty Price Total

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_____________________________________
$162,900.00
$162,900.00
$0.00

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Packet Pg. 626
Attachment: Colton Sourcewell Quote ID#2380HD (4059 : Purchase - National Auto Fleet Group)

ITEM NO. 16

STAFF REPORT

DATE: JUNE 6, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: HANK DOMINGUEZ, POLICE CHIEF
SUBJECT: APPROVE PURCHASE OF A VIRTUAL REALITY TRAINING SIMULATOR FROM APEX OFFICER.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

One-time purchase of virtual reality training simulator for $69,500.00 from APEX Officer.

BACKGROUND

The Police Department is looking to modernize and increase train ing department wide.

Currently, training occurs in quarterly qualifications for our firearms and maybe semi -annually for hands on, scenario -based training. With modern virtual reality training simulators, the Department can increase our officers training.

ISSUES/ANALYSIS

The Police Department is continuously trying to evolve its training regimen to not just meet State and Federal minimum standards but to far exceed them. One way to enhance almost all of these issues is to purchase a virtual reality tra ining simulator. With today’s technology, specifically with virtual reality simulators, it has made training seem as real and life -like as possible.

Officers can simulate different scenarios, use different pieces of equipment, and something that was not made available before is the ability to practice de-escalation scenarios with subjects with mental health problems.

The Department has researched multiple vendors that sell these types of products. Axon Company, which also manufactures body worn cameras, has a product; however, this product does not create a training environment some of the other vendors have. Axon’s products are 16 Packet Pg. 627
Staff Report to the Mayor and City Council
Purchase - APEX Officer
June 6, 2023

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very scripted and do not offer a variety of scenarios. Another product the Department looked at was from The Integrated Ele ctronic System (IES). This product exceeds our expectations concerning virtual reality training and offers extensive simulated scenario’s; however, the cost for one of these machines is over a million dollars.

The final vendor the Department researched was from APEX Officer. The APEX Officer Training Simulator is an advanced training system designed to provide law enforcement officers with realistic training scenarios that prepare them for a wide range of situations. The simulator utilizes cutting-edge technology to create immersive critical decision -making skills and improve their tactical abilities.

The APEX Officer Training Simulator provides officers with a safe and controlled environment in which to practice their skills. This is particularly important for scenarios that involve the use of force, as officers need to be able to make split -second decisions in high -pressure situations.

By using the simulator, officers can practice these scenarios in a safe and controlled environment, without the risk of injury or harm to themselves or others.

Another benefit of the APEX Officer Training Simulator is that it allows officers to experience a wide range of scenarios, from routine traffic stops to active shooter situations. This broad range of scenarios ensures that officers are prepared for any situation they may encounter on the job.

Additionally, the simulator can be customized to meet the specific needs of an agency, allowing officers to train in scenarios that are relevant to their area of operation.

In addition to providing officers with realistic training scenarios, the APEX Officer Training Simulator also provides valuable feedback that can be used to improve performance. The simulator records and analyzes officer performance, providing feed back on decision -making, marksmanship, and other critical skills. This feedback can be used to identify areas where officers need additional training or support, allowing the Department to provide targeted training to improve overall performance.

City of Colton Municipal Code allows for the City Manager and City Council to dispense with public bidding in certain situations. Based on the research conducted, the Department would like to utilize the following purchase exemption:

Section 3.08.140 (E):.Purpose of Bidding is Otherwise Accomplished. When the City Manager determines that it is in the best interest of the City and its administrative operations to dispense with public bidding for Non-Public Projects under this chapter.

Prior City Council concurrence with the City Manager's determination shall be required for Non-Public Project purchases over one hundred thousand dollars.

FISCAL IMPACTS

16 Packet Pg. 628
Staff Report to the Mayor and City Council
Purchase - APEX Officer
June 6, 2023

Page 3 ends

Sufficient appropriations in the amount of $69,500 fo r the purchase are available in Miscellaneous Grants Fund COPS Grant Miscellaneous Equipment Account Number 225 -6070- 6088-4930-0000-000.

ALTERNATIVES

Provide alternative direction to staff.
16 Packet Pg. 629

ITEM NO. 17

STAFF REPORT

DATE: JUNE 6, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TIM MCHARGUE, FIRE CHIEF
SUBJECT: APPROVE RESOLUTION ACCEPTING THE SB1205 MANDATED INSPECTION REPORT, RESOLUTION NO. R-50-23.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

It is recommended that Council accept the report as presented; and approve Resolution R-50-23 accepting the 2023 California State Fire Marshal mandated inspections report.

BACKGROUND

On December 2, 2016, at approximately 11:20 pm, in the Fruitvale neighborhood of Oakland, California, a fire broke out in a warehouse known as the Ghost Ship. The warehouse had been converted into an artist collective and includ ed dwelling units. At the time of the fire, the warehouse was hosting a concert.

Residential and entertainment uses were not allowed under the warehouse’s permits at the time of the fire. A total of 36 people were killed in the fire, the deadliest in the history of Oakland. It was also the deadliest building fire in the United States since The Station Nightclub fire in 2003 and it was the deadliest mass-casualty event in Oakland since the Loma Prieta earthquake.

The California State Fire Marshal, through the California Health and Safety Code, mandates that certain occupancies are to be inspected annually. During the grand jury investigations of the Ghost Ship Fire, it was determined that while the state had mandated inspections on various occupancies; these inspections were not mandated to be reported to any governing body. Senate Bill 1205, authored by Senator Jerry Hill, was successful in requiring the mandated reporting of annual inspections to its administering authority on an annual basis.

17 Packet Pg. 630
Staff Report to the Mayor and City Council
SB1205 Mandated Inspection Reporting
June 6, 2023

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SB1205, Hill. Fire protection services: inspections: compliance reporting.

Existing law required the chief of any city or county fire department or district providing fire protection services and his or her authorized representatives to inspect every building used as a public or private school within his or her jurisdiction, for the purpose of enforcing specified building standards, not less than once each year, as provided. Existing law requires every city or county fire department or district providing fire protecti on services that is required to enforce specified building standards to annually inspect certain structures, including hotels, motels, lodging houses, and apartment houses, for compliance with building standard, as provided.

This bill would require every city or county fire department, or district required to perform the above-described inspections to report annually to its administering authority, as defined, on the departments or district’s compliance with the above -described inspection requirements, as provided. The bill would require the administering authority to acknowledge receipt of the report in a resolution or a similar formal document. To the extent this bill would expand the responsibility of a local agency, the bill would create a state-mandated local program.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.

Section 13146.4 is added to the Health and Safety Code, to read:
13146.4
(a) Every city or county fire department, city and county fire department, or district required to perform an annual inspection pursuant to Sections 13146.2 and 13146.3 shall report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3. (b) The report made pursuant to subdivision (a) shall occur when the administering authority discusses its annual budget, or at another time determined by the administering authority. (c) The administering authority shall acknowledge receipt of the report made pursuant to subdivision (a) in a resolution or similar formal document. (d) For purposes of this section, “administering authority” means a city council, county board of supervisors, or district board, as the case may be.

ISSUES/ANALYSIS

The California State Fire Marshal mandates inspections to be performed annually in all public and private schools (Group E Occupancy), large family daycares, hotels, motels, lodging houses, and apartment houses, (Group R -1, R -2, R2.1, R -4 Occupancy), and high rises. Jails and care facilities (Group I Occupancy) shall be performed every two years.

Colton Fire Department Fire Prevention Division, along with Colton Fire Department engine companies, conducted 74 state mandated inspections for fiscal year 2022/2023. Colton Fire Department is 100% compliant on all known state mandated fire inspections within the city.

FISCAL IMPACTS

17 Packet Pg. 631
Staff Report to the Mayor and City Council
SB1205 Mandated Inspection Reporting
June 6, 2023

Page 3 ends

The State of California allows , through the Health and Safety Code , “Any fee charged pursuant to the enforcement authority of this section shall not exceed the estimated reasonable cost of providing the service for which the fee is charged, pursuant to Section 66014 of the Government Code”. Fire inspection fees for schools (E Occupancies) are not permitted to be collected at this time per California Health and Safety Code Section 13143. Fire inspection fees for apartme nts, hotels, and motels were established and approved with a comprehensive fee study conducted in 2021 and subsequently approved by Council the same year. Apartment, hotel, motel, care facilities, and hospital inspections were invoiced according to the approved fee schedule.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. RESO - SB 1205 REPORTING JUNE 2023

2. Copy of Mandated Inspections 2023
17 Packet Pg. 632
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RESOLUTION NO. R-50-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COLTON ACKNOWLEDGING RE CEIPT OF A REPORT MADE

BY THE FIRE CHIEF OF THE COLTON FIRE DEPARTMENT

REGARDING THE INSPECTION OF CERTAIN OCCUPANCIES
REQUIRED PURSUANT TO SECTIONS 13146.2 A ND 13146.3 OF
THE CALIFORNIA HEALTH AND SAFETY CODE.

WHEREAS: California Health & Safety Code Section 13146.4 was added in 2018, and became effective on September 27, 2018; and
WHEREAS: California Health & Safety Code Sections 13146.2 and 13146.3 require s all fire departments, including the Colton Fire Department, that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential ca re facilities for compliance with building standards, as provided and,
WHEREAS: California Health & Safety Code Section 13146.2 requires all fire departments, including the Colton Fire Department, that provide fire protection services to report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3 and, WHEREAS: The City Council of the City of Colton intends this Resolution to fulfill the requirements of the California Health & Safety Code regarding acknowledgement of t he Colton Fire Department’s compliance with California Health an d Safety Code Sections 13146.2 and 13146.3.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTO N DOES

HEREBY EXPRESSLY ACKNOWLEDGE THE MEASURE OF COMPLIANCE OF THE

COLTON FIRE DEPARTMENT WIT H CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 13146.2 AND 13146.3 IN THE AREA ENCOMPASSED BY THE CITY OF COLTON FIRE DEPARTMENT, AS FOLLOWS:

SECTION 1. EDUCATIONAL GROUP E OCCUPANCIES:

Educational Group E occupancies are generally those public and private schools, used by more than six persons at any one time for educational purposes through the 12 th grade.

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Attachment: RESO - SB 1205 REPORTING JUNE 2023 (4088 : SB1205 Mandated Inspection Reporting) 1 2
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RVPUB\MXM\666167.1 - 2 -

Within the City of Colton there lie 12 Group E occupancies, buildings, structures, and/or facilities.

During fiscal year 20 22-2023, the Colton Fire Depa rtment completed the annual inspection of 12 Group E occupancies, buildings, structures, and/or facilities.

This is a compliance rate of 100% for this reporting period.

SECTION 2. RESIDENTIAL GROUP R OCCUPANCIES:

Residential Group R occupancies, for the p urpose of this resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more), etc. as well as other residential occupancies (including a number of residential care facilities). These res idential care facilities have a number of different sub - classifications, and they may contain residents or clients that have a range of needs, including those related to custodial care, mobility impairments, cognitive disabilities, etc.

The residents may a lso be non-ambulatory or bedridden. Within the City of Colton, there lie 34 Group R (and their associated sub-categories) occupancies of this nature.

During fiscal year 20 22-2023, the Colton Fire Department compl eted the annual inspection of 57 Group R occupancies, buildings, structures, and/or facilities.

This is a compliance rate of 100% of known occupancies for this reporting period.

SECTION 3. The resolution is hereby approved, adopted and incorporated herein.

PASSED, APPROVED AND ADOPTED this 6th day of June 2023.

______
FRANK J. NAVARRO, Mayor

ATTEST:

______________
STEPHANIE M. VARGAS, Deputy City Clerk

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Packet Pg. 634
Attachment: RESO - SB 1205 REPORTING JUNE 2023 (4088 : SB1205 Mandated Inspection Reporting) Mt Vernon Manor Apts 539 E B Street 40 4/6/2023
Sunset Village Apts 904 E Fairway Drive 100 2/28/2023
Windcrest Apts 933 E Fairway Drive 124 4/6/2023
Four Seasons 535 Laurel Street & 1425 Rialto Avenue 55 5/2/2023 Northwest Apts 600 W E Street 20 4/12/2023
Vista Point Apts 2170 N Rancho Avenue 129 4/11/2023
Westcourt Apts 2069 W San Bernardino Avenue 515 4/12/2023 Canyon Villas Apts 2265 Cahuilla Street 46 1/12/2023
Reche Ridge Apts 2270 Cahuilla Street 110 4/10/2023
The Distict Apts 1315-1316 Meadow Lane 352 3/9/2023
1333 Canyon Apts 1333 Reche Canyon Road 104 3/15/2023
Casa Mediterrania Apts 1043 Santo Antonio Drive 200 3/15/2023 Nova Point Apts 800 E Washington Street 600 2/28/2023
Cottonwood Ranch Apts 901 E Washington Street 388 3/13/2023 Tides @ Grand Terrace Apts 1699 E Washington Street 366 3/9/2023 Terrace Oaks Apts 1905-1935 E Washington Street 136 4/10/2023 The Palms Apts 115 Hanna Street 8 5/8/2023
The Villas Apts 501 N 9th Street 120 4/11/2023
Centre Pointe Apts 1041 Santo Antonio Drive 361 3/8/2023 Capri Apts 580 W E Street 22 4/12/2023
Las Brisas Apts 2001 N Rancho Avenue 210 4/11/2023
2630-2636 S Rosedale Ave 4 2/8/2023
2648-2656 S Rosedale Ave 15 2/8/2023
2631-2637 S Rosedale Ave 4 2/8/2023
2641-2647 S Rosedale Ave 4 2/8/2023
2653-2659 S Rosedale Ave 4 2/8/2023
2654-2686 S Rosedale Ave 8 2/7/2023
2685-2689 S Rosedale Ave 4 2/7/2023
2665-2681 S Rosedale Ave 4 2/7/2023
221-227 Maryknoll Dr 4 2/7/2023
231-237 Maryknoll Dr 4 2/7/2023
241-247 Maryknoll Dr 4 2/7/2023
251-257 Maryknoll Dr 4 2/7/2023
211-215 Berkeley Ct 4 2/6/2023
217-223 Berkeley Ct 4 2/6/2023
231-235 Berkeley Ct 4 2/6/2023
237-241 Berkeley Ct 4 2/6/2023
251-257 Berkeley Ct 4 2/6/2023
263-269 Berkeley Ct 4 2/6/2023
301-307 Berkeley Ct 4 2/6/2023
315-321 Berkeley Ct 4 2/9/2023
Date inspection
completedApartment Complex Address Total
Units
Mandated Inspections 2023

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Attachment: Copy of Mandated Inspections 2023 (4088 : SB1205 Mandated Inspection Reporting) 220-226 Berkeley Ct 4 2/9/2023
230-236 Berkeley Ct 4 2/9/2023
240-246 Berkeley Ct 4 2/9/2023
302-306 Berkeley Ct 4 2/9/2023
310-318 Berkeley Ct 4 2/9/2023
Holiday Inn Express 2830 S. Iowa Ave. 150 3/14/2023
Rodeway Inn 1311 RV Center Dr. 70 3/9/2023
Comfort Inn & Suites 450 Sperry Dr. 100 4/6/2023
Best Western Plus Arrowhead 250 N. 9th St. 82 4/3/2023
Colton Inn 1651 E. Washington Ave. 40 2/28/2023
Driftwood Inn Motel 1472 N. Mt Vernon Ave. 18 4/6/2023
Colony Inn 255 Sperry Dr. 40 2/28/2023
Colton Motel 380 Sperry Dr. 16 4/6/2023
Welcome Inn 2042 W. Valley Blvd. 41 4/12/2023
WoodSprings Suites 2050 W. Valley Blvd. 122 3/13/2023
Reche Canyon ES 3101 Canyon Vista Dr 12/20/2022
Cooley Ranch ES 1000 S Cooley Dr East 12/20/2022
Alice Birney ES 1050 E Olive Ave 12/21/2022
Abraham Lincoln ES 444 E Olive Ave 12/21/2022
Grant ES 550 West Olive St 1/5/2023
Wilson ES 750 South 8th St 1/9/2023
McKinley ES 600 West Johnston St 1/5/2023
Rogers ES 955 West Laurel St 1/4/2023
San Salvador Head Start 485 Agua Mansa Rd 1/9/2023
Colton Middle School 670 West Laurel St 1/4/2023
Washington High School 900 East C St 12/21/2022
Colton High School 777 West Valley Blvd 1/3/2023
Mohave River Academy 851 South Mt Vernon #12-15 10/6/2022 Colton Kinder Care 1730 East Washington St 10/13/2023
Reche Canyon Convalescent 1350 Reche Canyon Rd 5/3/2023 Meadow Ridge Care Center 1700 East Washington St 5/2/2023 ARMC 400 North Pepper Ave 5/11/2023
Colton City Jail 650 North La Cadena Dr 4/20/2023
Hotel/Motel Address Total
Units
Date inspection
completed
School Address
Date inspection
completed
Jail Address Date Inspectio
Completed
Care Facility Address
Date inspection
completed
Address Date Inspection
Completed
Hospital

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Packet Pg. 636
Attachment: Copy of Mandated Inspections 2023 (4088 : SB1205 Mandated Inspection Reporting)

ITEM NO. 18

STAFF REPORT

DATE: JUNE 6, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: SET PUBLIC HEARING DATE OF JUNE 20, 2023 TO APPROVE

AND ADOPT THE FOLLOWING RESOLUTIONS TO INITIATE

PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS FOR

LANDSCAPE LIGHTING AND MAINTENANCE DISTRICT I FOR
FISCAL YEAR 2023/2024, RESOLUTION NO. R-42-23, R-43-23, AND R-44-23.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve and adopt the following resolutions to initiate proceedings for the annual levy of assessments for Landscape Lighting and Maintenance District I for Fiscal Year 2023/2024:

1. Resolution No. R-42-23, Initiating Proceedings;

2. Resolution No. R-43-23, Approving the Preliminary Engineer’s Report;

3. Resolution No. R -44-23, Intention to Set the Public Hearing date regarding this matter for June 20, 2023.

BACKGROUND

In compliance with the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, the City Council formed a Landscape and Lighting Maintenance Assessment District (LLMD). Currently, there are two Landscape Lighting and Maintenance Districts within the City of Colton. Each District provides the services of maintaining lighting, landscaping, and all applicable facilities within its boundaries. 18 Packet Pg. 637
Staff Report to the Mayor and City Council
Set Public Hearing - LLMD I
June 6, 2023

Page 2 ends

Within the LLMD District I, there are five zones (See Exhibit A for locations). A var iable amount is levied in each zone based on the benefit each property type (residential, industrial or commercial) receives; a single family residence is used as the basic unit of assessment and is assessed an Equivalent Benefit Unit (EBU) of 1.00. In ad dition to the EBU, the other determining factor in establishing each zone’s corresponding assessment is the acreage of each parcel. The costs associated with maintaining the improvements within each zone are distributed to the parcels within the zone in proportional benefit received by those parcels. Only parcels that directly benefit from the improvements are assessed.

On June 18, 2013, the City Council determined that street lighting charges be excluded from both LLMD Districts and be considered as part of the City wide services as a matter of public safety.

For irrigation water service charges, Council approved a reduction of cost that is proportional to shared public areas (i.e. medians, parks and other publicly accessible areas that are in th e LLMD service areas) to allow the District to catch up on lingering maintenance issues. The common area is approximately 38% of total LLMD areas. The cost of City owned utilities expense for Fiscal Year 2023/24 is approximately $63,000 for both electricity and water.

ISSUES/ANALYSIS

The Preliminary Engineer’s Report for FY 2023/2024 is available for review at the City Clerk’s Office. The Fiscal Year 2023/2024 budget does not reflect any levy changes to the five zones located within the District (Zones: 2, 3, 4, 5 and 8). When the zones were originally set up, they were assigned these specific zone numbers and to ensure consistency throughout multiple documentation, this zone numbering system has remained in place. Staff is recommending that the City Council authorize the City of Colton Electric and Water continue to provide electric and water services and these costs be excluded from the District expenses for the upcoming fiscal year in a same manner as previously approved. West Valley Water Dist rict (WVWD) provides water service in the western part of the City of Colton. The LLMD will continue to incur the cost of water provided by WVWD in LLMD I, Zone 8.

The LLMD I assessment rate was established in 1980s and has not been adjusted since. Only the Zone 3 Annexation area has an inflator of 3% per year. Since the LLMD I was formed without an inflator clause, the rates cannot be increased to meet the service costs without voter approval for each defined district/zone. The cost of operation and contract services continue to escalate especially after the 2015 California Statewide prevailing wage requirements. Although our revenue is barely able to cover the expenses, in consideration of future cost escalation, Council may consider reassessin g the LLMD levy rates in order for the City of Colton to continue to provide the landscape maintenance services throughout the City.

18 Packet Pg. 638
Staff Report to the Mayor and City Council
Set Public Hearing - LLMD I
June 6, 2023

Page 3 ends

If authorized, the resolution attached to this report will be advertised in the local newspaper to inform the community t hat a Public Hearing will be held on Tuesday, June 20, 2023, at 6:00 p.m., for the LLMD I Fiscal Year 2023/2024 Engineer’s Report.

FISCAL IMPACTS

The Preliminary Engineer’s Report is on file in the Office of the City Clerk as prescribed by law and identifies the LLMD I operating budget for FY2023/2024 to be $299,860.00. The LLMD I revenue for FY 2023/2024 is estimated at $328,930.00.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A - LLMD I Map

2. Exhibit B - Resolution No. R-42-23 Initiating Proceedings

3. Exhibit C - Reso. R-43-23 Approving Prelim. Engineer's Report (23-24) LLMD I

4. Exhibit D - Resolution No. R-44-23 Intention to Set the Public Hearing Date 18 Packet Pg. 639

Exhibit A

LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT I
MAP

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Attachment: Exhibit A - LLMD I Map (4072 : Set Public Hearing - LLMD I)

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Attachment: Exhibit A - LLMD I Map (4072 : Set Public Hearing - LLMD I)

Exhibit B

Resolution No. R-42-23

INITIATING PROCEEDINGS

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Attachment: Exhibit B - Resolution No. R-42-23 Initiating Proceedings (4072 : Set Public Hearing - LLMD I)

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RESOLUTION NO. R-42-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON,

CALIFORNIA INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF

ASSESSMENTS FOR THE COLTON LANDSCAPE AND LIGHTING
MAINTENANCE DISTRICT NO. I FOR FISCAL YEAR 2023/2024.

WHEREAS, the City of Colton (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California, and;

WHEREAS, the City Council of the City of Colton, California has, by previous Resolutions, formed the Colton Landscape and Lighting Maintenance District No. I (“District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (“Act”), that provides for levy and collection of assessments by the County of San Bernardino for the City of Colton to pay the maintenance and services of landscaping, and all appurtenant facilities and operations related thereto.

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

1. The description of the District boundary and the Zones therein are outlined in the Engineer’s Report and by ref erence is made part of this Resolution. The District consists of five (5) Benefit Zones. The District is designated as “Colton Landscape and Lighting Maintenance District No. I.”

2. The improvements within the District include but are not limited to: turf, g round cover, shrubs, trees, irrigation systems, ornamental lighting, entry monuments, drainage systems, and associated appurtenances. The Engineer’s Report describes all new improvements or substantial changes in existing improvements.

3. That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council of said City , in the minutes of the meeting at which Resolution is passed and adopted.

PASSED, APPROVED AND ADOPTED THIS 06th DAY OF JUNE 2023.

_______________________________
Frank J. Navarro
Mayor
ATTEST:

__________________________________
Carolina R. Padilla
City Clerk

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Attachment: Exhibit B - Resolution No. R-42-23 Initiating Proceedings (4072 : Set Public Hearing - LLMD I)

Exhibit C

Resolution No. R-43-23

APPROVING THE PRELIMINARY ENGINEER’S REPORT

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Attachment: Exhibit C - Reso. R-43-23 Approving Prelim. Engineer's Report (23-24) LLMD I (4072 : Set Public Hearing - LLMD I)

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RESOLUTION NO. R-43-23

A RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA FOR PRELIMINARY APPROVAL OF THE ENGINEER’S REPORT FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. I FOR FISCAL YEAR 2023/2024.

WHEREAS, the City of Colton (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California, and;

WHEREAS, the City Council of the City of Colton, California has, by previous Resolutions, ordered the preparation of th e Fiscal Year 202 3/2024: Engineer’s Annual Levy Report (“Engineer’s Report”) for the Colton Landscape and Lighting Maintenance District No. I (“District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (“Act”), and;

WHEREAS, there has now been presented to this City Council the Engineer’s Report as required by Chapter 1, Article 4, Section 22566 of said Act, and;

WHEREAS, this City Council has examined and reviewed the Engineer’s Report as presented, and is preliminarily satisfied with the District, each and all of the budget items and documents as set forth therein, and is satisfied that the assessments, have been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed within each Benefit Zone of the District, as set forth in said Engineer’s Report.

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

1. The above recitals are true and correct.

2. That the Engineer’s Report as presented, consists of the following:
 A Description of Improvements (Plans & Specifications).  The Annual Budget (Costs and Expenses of Services, Operations and Maintenance)  A Description of the Method of Apportionment resulting in an Assessment Rate per Levy Unit for each said District for Fiscal Year 2023/2024.
 District Assessment Diagrams showing the exterior boundaries of the Assess ment District and/or the Benefit Zones therein.
 The Fiscal Year 2023/2024 Assessment Collection Roll with the proposed assessment apportioned to each lot or parcel.

3. The Engineer’s Report is hereby approved on a preliminary basis pending a public hearing, and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.

4. That the City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the presentation of the Engineer’s Report.

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Attachment: Exhibit C - Reso. R-43-23 Approving Prelim. Engineer's Report (23-24) LLMD I (4072 : Set Public Hearing - LLMD I)

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5. That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which Resolution is passed and adopted.

PASSED, APPROVED AND ADOPTED THIS 06th DAY OF JUNE 2023.

_______________________________
Frank J. Navarro
Mayor
ATTEST:

__________________________________
Carolina R. Padilla
City Clerk

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CITY OF COLTON

LANDSCAPE AND LIGHTING AND STORMWATER REVENUE PROJECTIONS District Zone
2023/2024
Maximum Levy
Rate Per

EDU/EBU

EDU/EBU
2023/2024
Maximum
Projected
Revenue
2023/2024
Proposed Levy
LLMD 1 Zone 2 (Cooley Ranch) $52.82 3,077.29 $162,542.56 $162,541.96 Zone 3 (Annexation) * $313.82 73.00 $22,908.60 $22,908.60 Zone 4 (Old Colton) $56.26 456.51 $25,683.37 $25,683.30 Zone 5 (Reche Canyon) $53.46 467.12 $24,972.07 $24,972.03 Zone 8 (West Valley) $104.38 889.29 $92,824.09 $92,824.08 Total 4,963.21 $328,930.69 $328,929.97
LLMD 2 Zone 1 * $227.85 454.00 $103,443.39 $103,443.90
Zone 2 * $636.59 114.00 $72,571.75 $72,571.26
Total 568.00 $176,015.14 $176,015.16
Stormwater N/A VARIES 5,589.61 $647,353.88 $647,353.88
Base Year LLMD 1 - Zone 3 LLMD 2 - Zone 1 LLMD 2 - Zone 2 * Allows for 3% inflator
ZONES WITH 3 % INFLATOR SUMMARY

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Exhibit D

R-44-23

INTENTION TO SET THE PUBLIC HEARING DATE

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RESOLUTION NO. R-44-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA,

DECLARING ITS INTENTION FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. I FOR FISCAL YEAR 2023/2024.

WHEREAS, the City of Colton (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California, and;

WHEREAS, the City Council has by previous Resolutions formed the Colton Landscape and Lighting Maintenance District No. I (“District”), and initiated proceedings for Fiscal Year 2023/2024, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with se ction 22500) (“Act”) that provides for the levy and collection of assessments by the County of San Bernardino for the City of Colton to pay the maintenance and services of all improvements and facilities related thereto, and;

WHEREAS, all assessments for the District were previously approved in accordance with the requirements of the California State Constitution, Article XIIID, and;

WHEREAS, the Engineer’s Report for Fiscal Year 2023/2024 has been filed with the City Clerk, presented to the City Council and approved by the City Council, as required by Chapter 3 Sections 22623 and 22624 of said act.

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, PURSUANT TO CHAPTER 3, SECTION 22624 OF THE ACT, AS FOLLOWS:

1. The above recitals are true and correct.

2. Intention: The City Council hereby declares its intention to seek the annual levy and collection of assessments within the District pursuant to the Act, over and including the land within the District boundary, and to levy and collect assessments on all such land to pay the annual costs and expenses of the improvements and services described in Section 4 of this Resolution, for Fiscal Year 2023/2024.

3. Boundaries and Designation: The description of the District boundary and the Zones therein are outlined in the Engineer’s Report and by reference made part of this Resolution. The District consists of five (5) Benefit Zones. The District is designated as “Colton Landscape and Lighting Maintenance District No. I.”

4. Description of Improvements: The improvements within the District include but are not limited to: turf, ground cover, shrubs, trees, irrigation systems, ornamental lighting, entry monuments, drainage systems, a nd associated appurtenances. The Engineer’s Report describes all new improvements or substantial changes in existing improvements.

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5. Proposed Assessment Amounts: The proposed district assessments are within the limits previously approved by the property owners. The assessments outlined in the Engineer’s Report have not been increased over the maximum rates approved by the property owners, and do not require additional property owner approval in accordance with the requirements of the California Constitution, Articles XIIIC and XIIID.

6. Public Hearing(s): The City Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments for the District in accordance with Chapter 3, Section 22626 of the Act.

7. Notice: The City shall give notice of the time and place of the Public Hearing to all property owners within the District by causing the publishing of this Resolution once in the local newspaper not less than ten (10) days before the date of the public hearing, and by posting a copy of this resolution on the official bulletin board customarily used by the Council for the posting of notices.

8. Notice Of Public Hearing: Notice is hereby given that a Public Hearing on these matters will be held by the City Council on June 20, 2023 at 6:00 pm, or as soon thereafter as feasible in the Council Chambers at City Hall, 650 North La Cadena Drive, Colton, CA.

9. The City Clerk is hereby authorized and directed to give notice of such hearing as provided by law.

10. That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which Resolution is passed and adopted.

PASSED, APPROVED AND ADOPTED THIS 06TH DAY OF JUNE 2023.

_______________________________
Frank J. Navarro
Mayor
ATTEST:

__________________________________
Carolina R. Padilla
City Clerk

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Attachment: Exhibit D - Resolution No. R-44-23 Intention to Set the Public Hearing Date (4072 : Set Public Hearing - LLMD I)

ITEM NO. 19

STAFF REPORT

DATE: JUNE 6, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: SET PUBLIC HEARING DATE OF JUNE 20, 2023 AND APPROVE

AND ADOPT THE FOLLOWING RESOLUTIONS TO INITIATE

PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS FOR

LANDSCAPE LIGHTING AND MAINTENANCE DISTRICT II FOR
FISCAL YEAR 2023/2024, RESOLUTION NO. R-46-23, R-47-23, AND R-48-23.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve and adopt the following resolutions to initiate proceedings for the annual levy of assessments for Landscape Lighting and Maintenance District II for Fiscal Year 2023/2024:

1. Resolution No. R-46-23, Initiating Proceedings;

2. Resolution No. R-47-23, Approving the Preliminary Engineer’s Report;

3. Resolution No. R -48-23, Intention to Set the Public Hearing date regarding this matter for June 20, 2023.

BACKGROUND

In compliance with the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, the City Council formed a Landscape and Lighting Maintenance Assessment District (LLMD). Currently, there are two Landscape Lighting and Maintenance Dis tricts within the City of Colton. Each District provides the services of maintaining lighting, landscaping and all applicable facilities within its boundaries. 19 Packet Pg. 677
Staff Report to the Mayor and City Council
Set Public Hearing - LLMD II
June 6, 2023

Page 2 ends

The LLMD II was formed in 2002 with two zones (See Exhibit A for location map). A variabl e amount is levied in each zone based on the benefit each property type (residential, industrial or commercial) receives; a single family residence is used as the basic unit of assessment and is assessed an Equivalent Benefit Unit (EBU) of 1.00. In additi on to the EBU, the other determining factor in establishing each zone’s corresponding assessment is the acreage of each parcel. The costs associated with maintaining the improvements within each zone are distributed equitably to the parcels within the zon e proportional to the benefit received by those parcels.

Only parcels that directly benefit from the improvements are assessed.

On June 18, 2013, the City Council determined that street lighting charges be excluded from both LLMD Districts and be considered as part of the City wide services as a matter of public safety.

For irrigation water service charges, Council approved a reduction of cost that is proportional to shared public areas (i.e. medians, parks and other publicly accessible areas that are in the LLMD service areas) to allow the District to catch up on lingering maintenance issues. The common area is approximately 38% of total LLMD areas. The cost of City owned utilities expense for Fiscal Year 2023/24 is approximately $13,000 for both electricity and water.

ISSUES/ANALYSIS

The Preliminary Engineer’s Report for FY 2023/2024 is available for review at the City Clerk’s Office. Staff is recommending that the City Council authorize the City of Colton Electric and Water continue to provide electric and water services and these costs be excluded from the District expenses for the upcoming fiscal year in a same manner as previously approved.

The LLMD II was formed in 2002 with a 3% escalator, which is comparable to an average Consumer Price Index (CPI). The cost of contract services continue to escalate especially after the 2015 California Statewide prevailing wage requirements. In consideration of future cost escalation, Council may consider reassessing the LLMD levy rates in order for the City of Colton to continue to provide the landscape maintenance services throughout the City.

If authorized, the resolution attached to this report will be advertised in the local newspaper to inform the community that a Public Hearing wi ll be held on Tuesday, June 20, 2023, at 6:00 p.m., for the LLMD II Fiscal Year 2023/2024 Engineer’s Report.

FISCAL IMPACTS

The Preliminary Engineer’s Report is on file in the Office of the City Clerk, as prescribed by law and identifies the LLMD II operating budget for FY2023/2024 is $ 150,727.00. The LLMD II revenue for FY 2023/2024 is estimated at $176,015.00.
19 Packet Pg. 678
Staff Report to the Mayor and City Council
Set Public Hearing - LLMD II
June 6, 2023

Page 3 ends

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A - LLMD II Map

2. Exhibit B - Resolution No. R-46-23 Initiating Proceedings

3. Exhibit C - Reso. R-47-23 Approving Prelim. Engineer's Report (FY23-24) LLMD II

4. Exhibit D - Resolution No. R-48-23 Intention to Set the Public Hearing Date 19 Packet Pg. 679

Exhibit A

LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT (LLMD) II MAP

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Attachment: Exhibit A - LLMD II Map (4073 : Set Public Hearing - LLMD II)

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Attachment: Exhibit A - LLMD II Map (4073 : Set Public Hearing - LLMD II)

Exhibit B

Resolution No. R-46-23

INITIATING PROCEEDINGS

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Attachment: Exhibit B - Resolution No. R-46-23 Initiating Proceedings (4073 : Set Public Hearing - LLMD II)

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RESOLUTION NO. R-46-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON,

CALIFORNIA INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF

ASSESSMENTS FOR THE COLTON LANDSCAPE AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT NO. II FOR FISCAL YEAR 2023/2024.

WHEREAS, the City of Colton (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California, and;

WHEREAS, the City Council of the City of Colton, California has, by previous Resolutions, formed the Colton Landscape and Lighting Maintenance Assessment District No. II (“District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (“Act”), that provides for levy and collection of assessments by the County of San Bernardino for the City of Colton to pay the maintenance and services of street lighting, landscaping, and all appurtenant facilities and operations related thereto.

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

1. The description of the District boundary and the Zones therein are outlined in the Engineer’s Report and by reference is made part of this Resolution. The District consists of two (2) Benefit Zones. The District is designated as “Colton Landscape and Lighting Maintenance Assessment District No. II.”

2. The improvements within the District inc lude but are not limited to: turf, ground cover, shrubs, trees, irrigation systems, weed abatement, drainage systems, and associated appurtenances. The Engineer’s Report describes all new improvements or substantial changes in existing improvements.

3. That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Counci l of said City, in the minutes of the meeting at which Resolution is passed and adopted.

PASSED, APPROVED AND ADOPTED THIS 06th DAY OF JUNE 2023.

_______________________________
Frank J. Navarro
Mayor
ATTEST:

__________________________________
Caroline R. Padilla
City Clerk

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Attachment: Exhibit B - Resolution No. R-46-23 Initiating Proceedings (4073 : Set Public Hearing - LLMD II)

Exhibit C

Resolution No. R-47-23

APPROVING THE PRELIMINARY ENGINEER’S REPORT

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RESOLUTION NO. R-47-23

A RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA FOR PRELIMINARY APPROVAL OF THE ENGINEER’S REPORT FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. II FOR FISCAL YEAR 2023/2024.

WHEREAS, the City of Colton (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California, and;

WHEREAS, the City Council of the City of Colton, California has, by previous Resolutions, ordered the prepara tion of the Fiscal Year 202 3/2024 Engineer’s Annual Levy Report (“Engineer’s Report”) for the Colton Landscape and Lighting Maintenance Assessment District No. II (“District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (“Act”), and;

WHEREAS, there has now been presented to this City Council the Engineer’s Report as required by Chapter 1, Article 4, Section 22566 of said Act, and;

WHEREAS, this City Council has examined and reviewed the Engineer’s Report as presented, and is preliminarily satisfied with the District, each and all of the budget items and documents as set forth therein , and is satisfied that the assessments, have been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed within each Benefit Zone of the District, as set forth in said Engineer’s Report.

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

1. The above recitals are true and correct.

2. That the Engineer’s Report as presented, consists of the following:
 A Description of Improvements (Plans & Specifications).  The Annual Budget (Costs and Expenses of Services, Operations and Maintenance)  A Description of the Method of Apportionment resulting in an Assessment Rate per Levy Unit for each said District for Fiscal Year 2023/2024.
 District A ssessment Diagrams showing the exterior boundaries of the Assessment District and/or the Benefit Zones therein.
 The Fiscal Year 2023/2024 Assessment Collection Roll with the proposed assessment apportioned to each lot or parcel.

3. The Engineer’s Report is hereby approved on a preliminary basis pending a public hearing, and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.

4. That the City Clerk shall certify to the passage and adoption of this R esolution and the minutes of this meeting shall so reflect the presentation of the Engineer’s Report.

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5. That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which Resolution is passed and adopted.

PASSED, APPROVED AND ADOPTED THIS 06th DAY OF JUNE 2023.

_______________________________
Frank J. Navarro
Mayor
ATTEST:

__________________________________
Carolina R. Padilla
City Clerk

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CITY OF COLTON

LANDSCAPE AND LIGHTING AND STORMWATER REVENUE PROJECTIONS District Zone
2023/2024
Maximum Levy
Rate Per

EDU/EBU

EDU/EBU
2023/2024
Maximum
Projected
Revenue
2023/2024
Proposed Levy
LLMD 1 Zone 2 (Cooley Ranch) $52.82 3,077.29 $162,542.56 $162,541.96 Zone 3 (Annexation) * $313.82 73.00 $22,908.60 $22,908.60 Zone 4 (Old Colton) $56.26 456.51 $25,683.37 $25,683.30 Zone 5 (Reche Canyon) $53.46 467.12 $24,972.07 $24,972.03 Zone 8 (West Valley) $104.38 889.29 $92,824.09 $92,824.08 Total 4,963.21 $328,930.69 $328,929.97
LLMD 2 Zone 1 * $227.85 454.00 $103,443.39 $103,443.90
Zone 2 * $636.59 114.00 $72,571.75 $72,571.26
Total 568.00 $176,015.14 $176,015.16
Stormwater N/A VARIES 5,589.61 $647,353.88 $647,353.88
Base Year LLMD 1 - Zone 3 LLMD 2 - Zone 1 LLMD 2 - Zone 2 * Allows for 3% inflator
ZONES WITH 3 % INFLATOR SUMMARY

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Attachment: Exhibit C - Reso. R-47-23 Approving Prelim. Engineer's Report (FY23-24) LLMD II (4073 : Set Public Hearing - LLMD II)

Exhibit D

Resolution No. R-48-23

INTENTION TO SET THE PUBLIC HEARING DATE

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Attachment: Exhibit D - Resolution No. R-48-23 Intention to Set the Public Hearing Date (4073 : Set Public Hearing - LLMD II)

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RESOLUTION NO. R-48-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA,

DECLARING ITS INTENTION FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR

THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. II FOR FISCAL YEAR 2023/2024.

WHEREAS, the City of Colton (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California, and;

WHEREAS, the City Council has by previous Resolutions formed the Colton Landscape and Lighting Maintenance Assessment District No. II (“District”), and initiated proceedings for Fiscal Year 2023/2024 pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with section 22500) (“Act”) that provides for the levy and collection of assessments by the County of San Bernardino for the City of Colton to pay the maintenance and services of all improvements and facilities related thereto, and;

WHEREAS, all assessments for the District were previously approved in accordance with the requirements of the California State Constitution, Article XIIID, and;

WHEREAS, the Engineer’s Report for Fiscal Year 2023/2024 has been filed with the City Clerk, presented to the City Council and approved by the City Council, as required by Chapter 3 Sections 22623 and 22624 of said act.

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CI TY COUNCIL FOR THE DISTRICT, PURSUANT TO CHAPTER 3, SECTION 22624 OF THE ACT, AS FOLLOWS:

1. The above recitals are true and correct.

2. Intention: The City Council hereby declares its intention to seek the annual levy and collection of assessments within the District pursuant to the Act, over and including the land within the District boundary, and to levy and collect assessments on all such land to pay the annual costs and expenses of the improvements and services described in Section 4 of this Resolution, for Fiscal Year 2023/2024.

3. Boundaries and Designation: The description of the District boundary and the Zones therein are outlined in the Engineer’s Report and by reference made part of this Resolution. The District consists of two (2) Benefit Zones. The District is designated as “Colton Landscape and Lighting Maintenance Assessment District No. II.”

4. Description of Improvements: The improvements within the District include but are not limited to: turf, ground cover, shrubs, trees, irrigation systems, orname ntal lighting, entry monuments, drainage systems, and associated appurtenances. The Engineer’s Report describes all new improvements or substantial changes in existing improvements.

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Attachment: Exhibit D - Resolution No. R-48-23 Intention to Set the Public Hearing Date (4073 : Set Public Hearing - LLMD II)

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5. Proposed Assessment Amounts: The proposed district assessments are within the limits previously approved by the property owners . The assessments outlined in the Engineer’s Report have not been increased over the maximum rates approved by the property owners, and do not require additional property owner approval in accordance with the requirements of the California Constitution, Articles XIIIC and XIIID.

6. Public Hearing(s): The City Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments for the District in accord ance with Chapter 3, Section 22626 of the Act.

7. Notice: The City shall give notice of the time and place of the Public Hearing to all property owners within the District by causing the publishing of this Resolution once in the local newspaper not less than ten (10) days before the date of the public hearing, and by posting a copy of this resolution on the official bulletin board customarily used by the Council for the posting of notices.

8. Notice Of Public Hearing: Notice is hereby given that a Public Hearing on these matters will be held by the City Council on June 20, 2023 at 6:00 pm, or as soon thereafter as feasible in the Council Chambers at City Hall, 650 North La Cadena Drive, Colton, CA.

9. The City Clerk is hereby authorized and directed to give notice of such hearing as provided by law.

10. That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which Resolution is passed and adopted.

PASSED, APPROVED AND ADOPTED THIS 06th DAY OF JUNE 2023.

_______________________________
Frank J. Navarro
Mayor
ATTEST:

__________________________________
Carolina R. Padilla
City Clerk

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Attachment: Exhibit D - Resolution No. R-48-23 Intention to Set the Public Hearing Date (4073 : Set Public Hearing - LLMD II)

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