1 CITY OF COLTON
City Hall, Council Chambers
650 N. La Cadena Drive
Colton, CA 92324
Website: www.coltonca.gov
Mayor Frank J. Navarro
Council Members:
David J. Toro – District 1
Kelly J. Chastain – District 2
Dr. Luis S. Gonzalez – District 3
John R. Echevarria – District 4
City Treasurer Aurelio De La Torre
City Manager William R. Smith
City Attorney Carlos Campos
Deputy City Clerk Stephanie M. Vargas
AGENDA
CITY COUNCIL,
COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,
COLTON HOUSING AUTHORITY
REGULAR MEETING
TUESDAY, OCTOBER 3, 2023 – 6:00 P.M.
CITY HALL, COUNCIL CHAMBERS
CLOSED SESSION - 5:00 p.m.
CLOSED SESSION CALLED TO ORDER
ROLL CALL
PUBLIC COMMENT - Closed Session
This is the portion of the meeting specifically set aside to invite your comments regarding Closed Session items and other general comments about matters not on the agenda; however, any matter that requires action will be referred to staff for investigation and report at a subsequent Council meeting. The Council is prohibited by law from discussing or taking immediate action on items during this public comment period.
Persons desiring to submit paperwork to the City Council Members shall provide copy of any paperwork to the City Clerk for the Official Record.
Speakers will be limited to 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
Please state your name and your City of Residence before providing your comment.
2 A. CONFERENCE WITH LEGAL COUNSEL – WORKERS’ COMPENSATION CLAIM Pursuant to California Government Code, Section 54956.9 (d)(1) Case Name (s) Simon Holding vs City of Colton
B. CONFERENCE WITH LABOR NEGOTIATORS
City Representative: Tom Cody, HR Director
Employee Group: Colton Police Officers Association
CITY ATTORNEY ORAL REPORT ON CLOSED SESSION ACTIONS
RULES OF DECORUM
To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.
OPEN SESSION
6:00 P.M.
OPEN SESSION CALLED TO ORDER
INVOCATION
FLAG SALUTE
ROLL CALL
CEREMONIAL MATTERS
Presentations, Awards, Proclamations
• Recognitions - Take Me Home and Lifeline 4 Paws
• Proclamation - Public Power Week 2023
• Proclamation - Water Professionals Appreciation Week
3 MAYOR AND COUNCIL ITEMS
GIFT DISCLOSURES
Prior to rendering a decision in any proceeding involving a license, permit, contract or other entitlement pending before the City Council, any Council Member who has received been promised a gift or gifts aggregating $50.00 or more in value within the preceding twelve months from a party or participant in the proceeding shall disclose that fact either orally or in writing during open session. This disclosure shall be made part of the official public record of the proceeding, either as part of the minutes of the meeting or as a separate writing filed with the city. (CMC Section 2.04.030) AB 1234 ORAL REPORTS
Members of the City Council shall provide brief reports on meetings attended at the expense of the city. (GC Section 53232.3(d))
APPOINTMENTS
• Appointment - Parks and Recreation Commission - Robert Trujillo - D2
MAYOR AND COUNCIL DISCUSSION ITEMS
• Discussion - Term Limits - Discussion and Possible Direction to Staff, Pertaining to the Placement of a Ballot Measure to Implement Term Limits for City Council members (follow-up from 9/5/23 Council Meeting.) [Staff Person: Bill Smith]
PUBLIC HEARINGS
There are no Public Hearings.
BUSINESS ITEMS
To speak on business items, it is requested that you obtain a card from the City Clerk and complete it by noting the agenda item number, as well as whether you are in favor, opposition or neither, and give it to the City Clerk. The applicant will be allowed 5 minutes to address the Council and all other persons will be allowed 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
(1) Budget Allocation - Hermosa Gardens Cemetery - Approve and Adopt a Resolution Amending Fiscal Year 2023/2024 Budget to Allocate Funding and Contract to Operate Hermosa Gardens Cemetery, RESOLUTION NO. R-87-23.
[Staff Person: Deb Farrar]
4 PUBLIC COMMENT Limit 3 Minutes
This is the portion of the meeting specifically set aside to invite your comments regarding Consent Calendar items and other general comments about matters not on the agenda; however, any matter that requires action will be referred to staff for investigation and report at a subsequent Council meeting. The Counci l is prohibited by law from discussing or taking immediate action on items during this public comment period.
Persons desiring to submit paperwork to the City Council Members shall provide copy of any paperwork to the City Clerk for the Official Record.
Speakers will be limited to 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
Please state your name and your City of Residence before providing your comment.
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.
(2) Minutes - Approval of Minutes for the City Council Regular Meeting held on September 19, 2023, on file in the Office of the City Clerk.
[Staff Person: Stephanie M. Vargas]
(3) Warrants - Approve replacement check number 207764 for $396.33; voucher numbers 207765 to 207843 dated 08/30/2023 and totaling $75,624.63; voucher numbers 207844 to 207892 dated 08/31/2023 and totaling $1,383,833.81; voucher numbers 207893 to 208008 dated 09/06/2023 and totaling $579,487.42; replacement check number 207894 for $10,340.00 and a payroll disbursement listing dated 8/0 5/2023 to 08/18/2023 and totaling $1,169,464.17.
[Staff Person: Stacey Dabbs]
(4) Easement - La Loma Reservoir Site - Approve Easement for La Loma Reservoir. [Staff Person: Brian Dickinson]
(5) Purchase - Elk Grove Auto Group - Approve Purchase of 5 Patrol Vehicles for the Police Department from Elk Grove Auto Group.
[Staff Person: Tim Heusterberg]
MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor and Council on various issues and activities throughout the community. Comments shall be limited to 5 Minutes per speaker.
CITY MANAGER'S REPORTS
ADJOURNMENT
5 I, Stephanie Vargas, the Deputy City Clerk, hereby certify that a true and correct, accurate copy of the foregoing agenda was posted , at least seventy-two (72) hours prior to the meeting per Government Code 54954.2, at the following locations:
City of Colton City Hall 650 N. La Cadena Drive
City of Colton Website, www.coltonca.gov <http://www.coltonca.gov>
PROCEDURES FOR ADDRESSING CITY COUNCIL
For the Official Record, it is requested that you obtain a card from the Deputy City Clerk and complete it by noting a specific item number on the Agenda, if applicable, or you can identify the subject that you wish to address under the Public Comment portion of the Agenda. The City Council encourages public input on all City issues within the Rules of Decorum. Speakers will be limited to the time periods provided on the Agenda; provided, however, that the presiding officer shall have certain discretion to ext end or limit time as provided for in the City Council Manual of Procedure.
RULES OF DECORUM
To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expr ession of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions whi ch willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.
NOTICE TO PUBLIC
Staff reports or other written documentation relating to each item referred to, on the Agenda , are available for public inspection at the following locations: Office of the City Clerk, 650 N. La Cadena Drive , Colton, CA; City of Colton Public Library, 656 9 th St., Colton, CA; or the City of Colton Internet Website, www.coltonca.gov. Any person having questions concerning any item on the Agenda may call the City Clerk at 370-5191 to make inquiry concerning the nature of the item described on the Agenda. The City Clerk shall direct inquiries to the appropriate office.
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.
6 In compliance with the American with Disabilities Act, if you need special assistance to participate in a City Meeting, please contact the City Clerk’s Office at 909 -370-5001. Notification 48 hours prior to the meeting will enable the Cit y to make reasonable arrangements to ensure accessibility to this meeting.
LEGAL CHALLENGES
If you challe nge in court any discussion or action taken concerning an item on this Agenda, you may be limited to raising only those issues you or someone else r aised during the meeting or in written correspondence delivered to the City at or prior to the City's consid eration of the item at the meeting.
MANUAL OF PROCEDURE
The City Council adopted its Manual of Procedure pursuant to Resolution No. R-41-18. Copies are available in the Office of the City Clerk.
ITEM NO.
STAFF REPORT
DATE: OCTOBER 3, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BILL SMITH, CITY MANAGER
SUBJECT: DISCUSSION AND POSSIBLE DIRECTION TO STAFF,
PERTAINING TO THE PLACEMENT OF A BALLOT MEASURE TO
IMPLEMENT TERM LIMITS FOR CITY COUNCIL MEMBERS
(FOLLOW-UP FROM 9/5/23 COUNCIL MEETING.)
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
That the City Council consider the information provided herein re garding Mayoral and City Council term limits and provide direction to staff.
BACKGROUND
At its September 5, 2023 meeting, the City Council received staff’s report and discussed the possible enactment of term limits on Mayoral and City Council service in the City of Colton.
Staff’s report provided an overview of the applicable law, election timing as well as possible policy options for enacting term limits in the City of Colton. A copy of it is attached to this report for additional details. No direct ion was provided at that time but staff was directed to bring this matter back to the Council for continued discussion.
If direction is given by the Council to move forward with a proposal, the City Attorney’s Office will prepare the appropriate term li mits ordinance/measure as well as the election resolutions for the Council to place the ordinance/measure on the ballot.
ISSUES/ANALYSIS
California Government Code section 36502(b) authorizes a general law city to limit the number of terms an elected Mayor and/or City Council members may serve. This State law outlines two Packet Pg. 7
Staff Report to the Mayor and City Council
Discussion - Term Limits
October 3, 2023
principal rules: A local term limits ordinance must be “prospective” rather than “retroactive”, and it must be approved by a majority of Colton voters as a ballot measure. Under app licable law, two dates are available for placing such a measure on the ballot: The next Statewide Primary Election on March 5, 2024 and the next Statewide/Municipal General Election on November 5, 2024.
Such a measure may be placed on the ballot by City Council majority action to call the election.
The legal deadline for the Council to place a local measure on the ballot is 88 days prior to the election. (Elections Code §9222) For a March 5, 2024 election, the deadline is December 8, 2023. For a November 5, 2024 election, the deadline is August 9, 2024.
Beyond these two principal rules, how a term limits measure is ultimately written is left to local policy. To help frame the discussion, staff is presenting the potential policy issues as a se ries of questions for the Council to consider. For more details on each of these questions/policy issues, please refer to the September 5, 2023 report, which is attached.
• Should there be Mayoral or Council term limits?
If the Council’s answer is “no”, then the discussion is concluded.
If the Council’s answer is “yes”, there is the next set of questions:
• How long should term limits be?
Two terms? Three terms?
• Lifetime or Consecutive Term Limits?
⸰ If consecutive, what is the “cooling off” period?
Two years? Four years?
• Apply separate term limits for Mayor and Council or Combined Term Limits for Both Offices?
Just with these three policy issues, many variations are possible. Once these issues are resolved, other questions can (and Staff believes should) be addressed:
• How to Count Partial Terms:
Partial terms of any length do not count against the limit? Partial terms of any length do count against the limit? Limit applies if one has served at least 2 years of a term and resig ns or leaves due to health?
Limit applies if one has served at least 3 years of a term and resigns or leaves due to health?
Some other measurement?
• How to Treat “Special Situations” that Cut Terms Short:
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Staff Report to the Mayor and City Council
Discussion - Term Limits
October 3, 2023
Term cut short due to recall, criminal convi ction or forced removal counts against the limit?
It does not count against the limit?
Staff raises the issue of partial terms because if they are not addressed in the draft measure, the term limits measure will not apply to them. The courts have held that because elected public service is a fundamental Constitutional right, term limits measures are interpreted narrowly. In other words, any ambiguities or issues left out of a term limits measure go to the candidate’s/officer’s benefit and will not lim it their service. Even if the Council decides not to apply term limits to any partial terms, Staff would still make that clear in the measure to avoid any ambiguity.
In summary, the wording of a term limits measure is largely left to local policy, sub ject of course to it applying “prospectively” and securing majority voter approval. Staff is seeking direction from the Council with regard to the questions outlined above. Upon receiving final Council direction, the City Attorney can prepare a proposed ballot measure to present to Colton voters at either a March 5, 2024 or November 5, 2024 Municipal election. The legal deadlines to place such a measure on the ballot are December 8, 2023 and August 9, 2024, respectively.
FISCAL IMPACTS
None at this time. However, if a term limits measure were placed on the ballot, there would be an expense to the City to have the San Bernardino County Registrar of Voters conduct the election. While staff has no official numbers at this time, as a general rule, pl acing a ballot measure on the November General Election will be less expensive than placing it on the March Primary Election.
ALTERNATIVES
Provide alternative direction to staff.
ATTACHMENT
1. 09-05-23 Staff Report
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Attachment: 09-05-23 Staff Report (4237 : Discussion - Term Limits) a
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Attachment: 09-05-23 Staff Report (4237 : Discussion - Term Limits) a
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Attachment: 09-05-23 Staff Report (4237 : Discussion - Term Limits) a
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Attachment: 09-05-23 Staff Report (4237 : Discussion - Term Limits)
ITEM NO. 1
STAFF REPORT
DATE: OCTOBER 3, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: DEB FARRAR, COMMUNITY SERVICES DIRECTOR
SUBJECT: APPROVE AND ADOPT A RESOLUTION AMENDING FISCAL YEAR 2023/2024 BUDGET TO ALLOCATE FUNDING AND
CONTRACT TO OPERATE HERMOSA GARDENS CEMETERY,
RESOLUTION R-87-23.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Adopt Resolution No. R-87-23 amending Fiscal Year 2023/2024 Budget to allocate funding to operate Hermosa Gardens Cemetery.
2. Authorize the City Manager to execute contract with Omni Cemetery Providers, not to exceed $250,000.
BACKGROUND
The City of Colton owns Hermosa Gardens Cemetery, a municipal cemetery located at 900 North Meridian Avenue and until 1999, operated and managed the cemetery directly. In 2000, the City entered into an agreement with Inland Memorial, Incorporated (“Inland”), for the operation of Hermosa Gardens Cemetery, for a fifty-five year period. Over the years, the City’s relationship with Inland Memorial deteriorated to the point where, on several occasions, the City issued Notices of Default to Inland Memorial for non -compliance with the Agreement.
However, in the spirit of good faith and cooperation, the City tried to mend its relationship with Inland Memorial and bring it back into compliance with the Agreement and State law. The City’s efforts were earnestly made and well -intentioned but ultimately unsuccessful. Hermosa Gardens fell further and fur ther into disrepair under Inland Memorial’s care and its relationship with the City worsened.
1 Packet Pg. 14
Staff Report to the Mayor and City Council
Budget Allocation - Hermosa Gardens Cemetery
October 3, 2023
On September 30, 2021, the Bureau Chief of the Cemetery and Funeral Bureau, Department of Consumer Affairs, filed Accusation No. A1 2020 375 against Inland Memor ial and Karyn Durbin (owner and operator of Inland Memorial). The Bureau Chief found Inland Memorial and Durbin to be in violation of numerous Business and Professions Code sections within the California Code of Regulations. On January 24, 2022, the Dire ctor revoked Inland Memorial’s Funeral Establishment License, however Inland Memorial filed a Motion to Stay in Sacramento County Superior Court which was granted on March 11, 2022. Based on the revelations brought forth by the Cemetery and Funeral Bureau , and despite the City’s best efforts to work with Inland Memorial, the City determined that it must take further measures to protect its property and the interests of the public.
On July 1, 2022, the City delivered to Inland Memorial thirteen (13) Notic es of Default detailing breaches in the provisions of the Agreement and allowing thirty (30) days for Inland Memorial to cure the same. On August 3, 2022, Inland Memorial responded to these Notices with little more than illusory promises to cure some, but not all, of the violations, leaving the City with the distinct impression that Inland Memorial either could not or would not address these breaches.
On August 12, 2022, the City responded that it was left with no choice but to explore all available legal and equitable remedies to safeguard its interests and protect the public.
After the January 24, 2023 hearing on the City’s ex parte application, BB&K discussed the issues at Hermosa Gardens with Inland Memorial’s counsel. Counsel informed the City that Karyn Durbin was preparing for retirement and looking to walk away from Inland Memorial’s operations generally, including its lease at Hermosa Gardens. BB&K relayed that the City would also be interested in reaching an “amicable divorce” whereby the lea se agreement would be terminated, Inland Memorial would deliver all records relating to Hermosa Gardens to the City and vacate the premises, and the City would regain possession of Hermosa Gardens and be responsible for its day -to-day operations. On March 23, 2023, the Court issued a tentative opinion denying Inlands’ petition and lifted the stay, revoking Inland Memorial and Ms.
Durbin’s respective licenses. The City will continue to proceed with litigation against Inland Memorial.
Unbeknownst to the Ci ty, Ms. Durbin was also exploring the sale of the entire corporation. On March 3, 2023, BB&K received correspondence from Inland Memorial’s counsel suggesting a proposed transition of Hermosa Gardens to a new operator, Garland Shreves , the new owner of Inland Memorial. Counsel detailed Mr. Shreves’ prior experience in operating funeral establishments and cemeteries and expressed a desire for all parties to meet to reach an agreement on a mutually beneficial relationship. This transfer of operations did no t occur initially with the City’s approval or prior notice, the new operator simply transitioned and took over all Inland Memorial’s locations, including mortuary and cemetery operations at Hermosa Gardens.
Since March 1, 2023, Cemetery Care Providers ( CCP), has occupied, managed, and operated Hermosa Gardens under the City’s watchful eye. On June 20, 2023, CCP and the City entered 1 Packet Pg. 15
Staff Report to the Mayor and City Council
Budget Allocation - Hermosa Gardens Cemetery
October 3, 2023
into a six-month agreement for the management and operations of Hermosa Gardens. On August 15, CCP announced their intention to end the agreement early, following the contract's terms of a 45-day notice. The contract now concludes on September 30, 2023, prompting the City to assume management from October 1. Despite discussions, CCP remains firm on departing by September 30, yet expresses willingness to aid a smooth transition.
ISSUES/ANALYSIS
City staff was preparing to assume responsibility for full operation and management of Hermosa Gardens Cemetery in mid -December, so the expedited timeframe poses some issues. To begin , providing quality customer service to the community is the primary goal and to do so, personnel is necessary. Through the last year, the City has utilized a consultant with extensive understanding of cemetery operations to provide insight and guidance. S ince July 2023, this consultant conducted weekly inspections at Hermosa, fostering operational understanding for seamless staffing during and after the transition. Give n the shortened timeframe, it is recommended that the City contract with the same consul tant, under their parent company, OBI dba Omni Cemetery Management (Omni) to provide operational support in conjunction with City Staff.
In alignment with the Colton Municipal Code Section 3.08.140(E), specific situations may arise where deviations from the competitive bidding process are warranted to guarantee the smooth and proficient functioning of administrative operations. The contract with Omni presents an exemplary case of such an exception, primarily attributable to the extraordinarily tight time line and the limited capacity and experience of our City staff in cemetery management. Staff recommends City Council approve dispensing with the formal bid process and award a contract to Omni for cemetery operations in accordance with Colton Municipal Code 3.08.140(E):
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 cha pter. Prior City Council concurrence with the City Manager's determination shall be required for Non - Public Project purchases over one hundred thousand dollars.
Omni's contracted role would encompass staffing to provide daily cemetery operations – sales, site preparation, maintenance, burial services, chapel rentals, grounds upkeep, and resident services. City Staff and Omni will jointly assess operations, digitize records, enhance infrastructure, and evaluate potential liabilities. The attached contract establishes clear guidelines for a one-year timeframe. The cooperative efforts will put the City in a stronger position to attract reputable vendors for either leasing or selling the property, as it demonstrates a proactive approach towards ensuring smooth operations and mitigating risks.
An appropriation is necessary for maintenance, operations, and other related enhancements at Hermosa Gardens. Over the past year, the general fund allocation within the Community 1 Packet Pg. 16
Staff Report to the Mayor and City Council
Budget Allocation - Hermosa Gardens Cemetery
October 3, 2023
Services Department budget has absorbed the cost of any related Hermosa expenditures as there is no established budget. Monthly costs are estimated at $20,000 - $30,000, covering staffing, operations, and Omni fees. Vital capital improvements, including office structure, lawn care, fencing, and equipment, are estimated at $1 00,000. Revenue sources include sales, rentals, and pre-need payments. A $ 400,000 General Fund appropriation is essential for the initial phase through this fiscal year.
In order to transition operations effectively, a brief closure (October 2 - 31) is recommended for operational acclimation, lawn maintenance, document review, and facility upgrades. Essentially, City staff will need to set up an entirely new service and resource for the Community, and time is required to do so. The Cemetery would be closed to visitors and any questions could be directed to phone/email responses. Established p re-need agreement -based burials will be managed as needed, with services encouraged to be held in November. This schedule aids t he community's shift from contracted to City operations, with Omni's support, particularly in planned facility improvements. Infrastructure enhancements, such as street upgrades and gate repairs, are already in motion.
Currently, there are no documented policies or procedures established for operations at Hermosa Gardens Cemetery . The need for comprehensive policies and procedures at a municipal cemetery cannot be overstated. These guidelines serve as the foundation for effective and responsible management of such a critical community asset. First, clear policies help maintain the dignity and sanctity of the cemetery grounds. They outline the standards for burials, grave maintenance, and the conduct of visitors, ensuring that the final resting place of loved ones is treated with respect. Additionally, well-defined procedures streamline administrative tasks, such as record -keeping, plot allocation, and cemetery staff duties, promoting efficiency and accountability. Moreover, policies address the sens itive aspects of cemetery operations, such as pricing structures, eligibility criteria, and dispute resolution mechanisms, fostering fairness and transparency. Ultimately, a thoughtfully crafted set of policies and procedures safeguards the heritage and legacy of the cemetery while providing a dependable and compassionate service to the community it serves. Attached is a draft of recommended policies, which would serve as a starting point for operations, with the expectation of updates on an annual basis or as needed.
FISCAL IMPACTS
Resolution R-87-23 would amend the FY2023-24 adopted budget to appropriate $ 400,000 from General Fund reserve to the following accounts:
Expenditure accounts increased as follows:
100 6200 6234 1040 0000 000 Part Time Staffing $10,000
100 6200 6234 1140 0000 000 Salary Related Benefits $1,000 100 6200 6234 2301 0000 000 Operating Supplies & Equipment $10,000 100 6200 6234 2250 0000 000 Building Maintenance $10,000 100 6200 6234 2320 0000 000 Utilities Expense $14,000
1 Packet Pg. 17
Staff Report to the Mayor and City Council
Budget Allocation - Hermosa Gardens Cemetery
October 3, 2023
100 6200 6234 2350 0000 000 Professional Services $250,000 100 6200 6234 2354 0000 000 Printing & Publications $5,000 100 6200 6234 3890 0000 000 Capital Improvements $100,000
Revenues and liability deposits are receipted in the following accounts:
762-2241-000 Pre-need Arrangement Payments
560-6740-000 Endowment Revenue
100-6741-000 At-Need Cemetery Services
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. R-87-23 RESO - HERMOSA FUNDING
2. HG Cemetery Polices & Procedures DRAFT
3. Colton (Hermosa Cemetery) - Contractor Agreement w_ Hampton (2023) (SNS Edits)-c1 1 Packet Pg. 18
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RESOLUTION NO. R-87-23
A RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA AMENDING THE FY 202 3-2024 BUDGET TO APPROPRIATE $400,000 FOR THE OPERATIONS
AND MANAGEMENT OF HERMOSA GARDENS CEMETERY
WHEREAS, The City of Colton owns Hermosa Gardens Cemetery, a municipal cemetery located at 900 North Meridian Avenue and until 1999, operated and managed the cemetery directly. In 2000, the City entered into an agreement with Inland Memorial, Incorporated (“Inland ”), for the operation of Hermosa Gardens Cemetery. In March, 2023, Inland was sold and the lease agreement was not transferred to the new owner, who agreed to a short-term management contract and then provided notice to end the agreement early; and,
WHEREAS, Effective October 1, 2023, the City of Colton will assume operations and management of Hermosa Gardens Cemetery; and,
WHEREAS, the budget for Fiscal year 2023/2024 has been approved by City Council and must now be amended to include an appropriation for the maintenance, operations, and other related enhancements at Hermosa Gardens Cemetery through this fiscal year. Revenue sources include sales, rentals, and pre- need payments.
NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF COLTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City of Colton hereby amends t he FY2023 -24 adopted budget to appropriate $400,000 from General Fund reserves to the following accounts:
Expenditure accounts increased as follows:
100 6200 6234 1040 0000 000 Part Time Staffing $ 10,000 100 6200 6234 1140 0000 000 Salary Related Benefits $ 1,000 100 6200 6234 2301 0000 000 Operating Supplies & Equipment $ 10,000 100 6200 6234 2250 0000 000 Building Maintenance $ 10,000 100 6200 6234 2320 0000 000 Utilities Expense $ 14,000 100 6200 6234 2350 0000 000 Professional Services $250,000 100 6200 6234 2354 0000 000 Printing & Publications $ 5,000 100 6200 6234 3890 0000 000 Capital Improvements $100,000
PASSED, APPROVED AND ADOPTED THIS 3rd DAY OF OCTOBER 2023.
________________________________________
FRANK J. NAVARRO
Mayor
ATTEST:
STEPHANIE M. VARGAS
Deputy City Clerk
1.a
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Attachment: R-87-23 RESO - HERMOSA FUNDING (4227 : Budget Allocation - Hermosa Gardens Cemetery)
Policies & Procedures
DRAFT
Introduction
It is the desire of Hermosa Gardens Cemetery to operate and maintain a cemetery that is beautiful, dignified and an appropriate final resting place for departed loved ones. In formulating these policies and procedures, it has been our desire to offer as much freedom of choice as possible while still preserving those regulations necessary to maintain a high standard of beauty and efficiency. We sincerely hope that you will assist us in this effort by adhering to these rules. We also solicit your comments and suggestions regarding general maintenance and operating procedures.
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Attachment: HG Cemetery Polices & Procedures DRAFT (4227 : Budget Allocation - Hermosa Gardens Cemetery) Hermosa Gardens Cemetery DRAFT Policies
2 TABLE OF CONTENTS
Definitions 3
Lot Ownership & Privileges 4
Burials 5
Monuments & Markers 7
Decoration of Graves 6
Visitors Code of Conduct 8
Miscellaneous 9
Cemetery Price List 10
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Attachment: HG Cemetery Polices & Procedures DRAFT (4227 : Budget Allocation - Hermosa Gardens Cemetery) Hermosa Gardens Cemetery DRAFT Policies
3 DEFINITIONS
Cemetery Office: The administrative office is located at Hermosa Gardens Cemetery 900 N. Meridian Ave.
Colton, CA 92324 where staff are located and responsible for all cemetery records.
At-Need Contract: At-need contracts are initiated when a death occurs, and there is an immediate need for burial services. These contracts are designed to facilitate the quick and efficient planning and execution of these services.
Burial Rights: The right to be buried in a cemetery space; however, the property on which the space is located is owned by City of Colton.
Burial Permit: A permit that is required by the State for a burial.
Burial Transit Permit: A permit that is required by the State to transport a deceased person from one state to another for burial.
Disinterment Permit: A permit that is required by the State for the purpose of exhuming a burial to be transferred for burial in another place.
Flat Marker: A flat marker is one that is flush with the ground.
Upright Marker: A marker that is standing up with a maximum height of sixty inches, 60" from the level ground.
Heir: An heir is someone who has inherited or is entitled to the right from a parent who is no longer living.
Indigent: An indigent is a person who does not have the means with which a burial right can be purchased.
Pre-Need Plan: Pre-need contracts are legal agreements made between individuals and cemeteries to plan and pay for burial services in advance of the actual need.
Marker: An identification tool made of stone that is place upon a grave which contains information about the person buried in that space.
Perpetual Care: Perpetual care is defined as the general care and maintenance necessitated by the natural growth and ordinary care which may be provided at reasonable intervals within the budget limits of the cemetery. It includes the planting, cutting, and watering and care of lawns, upkeep of buildings, walkways and roadways. It also provides for the care of trees, shrubs and flowers planted by the cemetery personnel. Perpetual care does not provide for maintenance of monuments, markers or flower vases.
Person: The term " person" shall mean individual, group, partnership, firm, corporation, or association.
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Attachment: HG Cemetery Polices & Procedures DRAFT (4227 : Budget Allocation - Hermosa Gardens Cemetery) Hermosa Gardens Cemetery DRAFT Policies
4 LOT OWNERSHIP AND PRIVILEGES
A. Nature and Extent of Rights Acquired
Upon payment of the purchase price of a space, the purchaser acquires the rights of burial in said space, subject to the policies and procedures of the cemetery. The city retains title to the cemetery property. Husband and wife are to be considered an individual. A certificate of burial rights will be issued to each purchaser after fees are paid in full. No interment will be permitted, or marker allowed, on any space not fully paid for. No space shall be sold without endowment care.
B. Descent and Inheritance of Burial Rights
Burials by or of heirs, after the original parties named on burial certificates are deceased, requires the permission of living heirs, in writing, on forms supplied by the administrative office. Hermosa Gardens Cemetery shall, in no way, be held responsible for failure to properly determine the le ga l successorship of the said space owner. The heirs are entitled to the same use of the space as the original owners and are bound by the same policies and procedures.
C. Transfer of Burial Rights
Owners of burial certificates may transfer their burial rights to other parties by filling out and signing forms provided by the administrative office. Payments of transfer/recording fees are required before a new certificate is issued. The files located at the administrative office of the cemetery are to be considered the correct record. Any discrepancy between the administrative files and the certificate of burial rights will be considered a clerical error. The city reserves the right to recall, correct and reissue the correct certificate.
D. Resale of Burial Rights
As stated in Section A above, the purchase of a cemetery space does not include land, only the burial right for that space. If a space is being sold back to anyone else, it must meet the criteria of being a useable space. The determination of whether a space is useable will be the decision of the Hermosa Gardens Cemetery. An owner or heir holding title to a space may not sell that space back to Hermosa Gardens Cemetery at any time. An owner or heir may sell a space to anyone at any time for a price to be set by the owner.
E. Pre-Need Contracts: Existing Pre-Need contracts should be paid on a monthly basis with the full balance to be paid in full within five years. If payment has not been received within a three month period or within five years, the space/swill revert back to Hermosa Gardens Cemetery/ City of Colton and an equity credit of the amount paid over the 10 % deposit will be given to the purchaser.
New Pre-Need Contracts will only be established with an insurance carrier, once the endowment fee has been paid in full.
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Attachment: HG Cemetery Polices & Procedures DRAFT (4227 : Budget Allocation - Hermosa Gardens Cemetery) Hermosa Gardens Cemetery DRAFT Policies
5 BURIALS
General Requirements
Interments are limited to human dead. Interments will be made only after a permit for burial has been filled out by a family representative or mortician prior to the opening of a grave. Information for all interments must be given and all charges prepaid a t the administrative office of the cemetery. Information given by telephone will be taken with particular care, but Hermosa Gardens Cemetery will not be responsible for errors arising or resulting from this procedure. All such orders must be confirmed in writing. The person giving the order must give the space owner's name, address and all other information required on the burial report.
This information includes: the name of the deceased, date, and place of birth of deceased, date and place of death, name and address of person responsible for disposition, name of mother and father of deceased, name of funeral director, the date and time of the funeral, and the location of grave space to be used.
A. Notice for opening of a grave must be given early enough to allow for the work to be completed.
Extra time may be required during winter months. Hermosa Gardens Cemetery will not be responsible for any mistakes occurring from lack of precise and proper instructions as to the proper space on the lot where interment is desired. When instructions regarding the location of a grave on a lot cannot be opened where specified, the Cemetery Manager may, at their discretion, open it in such location on the lot as they deems best and proper, so as not to delay the funeral and a ffect the interment. Such spaces, as the City Council shall from time to time designate, will be reserved for the burial of indigent persons. No interment will be permitted, or remains received, unless the proper written order is furnished. Remains sent from other states must also be accompanied by a burial transit permit and filed at the administrative office.
B. Hours When Burials Are Permitted
No funeral or interment will be allowed in the cemetery on Sunday or any of the holidays officially observed by the City of Colton. On all other days, funerals will be allowed between the hours of 8:00 a.m. and 3:00 p.m. Additional charges will be made for interments on Saturdays and during other than regular days and hours herein stated.
C. Duty of Funeral Directors
Funeral directors, in charge of funerals, must arrange the time for arrival at the cemetery to be out of the grounds before 4:00 p.m. They will be held responsible for the faithful observance of all the policies and procedures concerning funerals and burials. When funeral extends beyond 3:00 p.m. on a regular working day, an over-time charge will be made to the mortuary in charge of the funeral.
D. Vaults
Vaults are required for all burials and must be made of concrete or metal. Exceptions may be noted for infants and cremains. Infant vaults must be made of concrete or fiberglass approved by the cemetery superintendent. Cremains must be placed in a c ontainer specifically approved for their content by the cemetery superintendent. Wooden vaults are not permitted.
E. Excavating and Refilling of Graves
The Cemetery Maintenance Team will be in complete charge of every interment. No grave shall be opened, filled, refilled, or sodded except by the Cemetery Maintenance Team and under the direction of the Cemetery Manager.
F. Burials Per Grave
One interment only shall be allowed in a casket, except a father or mother with an infant child, or two children buried at the same time. No more than two caskets will be allowed in a grave, and three cremation vaults.
G. Errors
The Cemetery Manager, as they deems proper, shall correct any errors m ade in interments, disinterment, removals, or in the description, transfer, or conveyance of any interment property.
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Attachment: HG Cemetery Polices & Procedures DRAFT (4227 : Budget Allocation - Hermosa Gardens Cemetery) Hermosa Gardens Cemetery DRAFT Policies
6 MONUMENTS AND MARKERS
A. Ownership and Responsibility
Monuments and markers are personal property. The property owner, designated individual with notarized statement or heirs to property upon the death of original owner are the individuals that are responsible for the purchase and design of the monument. All monuments within the cemetery are the property of lot owners, their heirs, or the responsible party that ordered and placed them.
Maintenance of the monuments is the responsibility of the owner. The cemetery is maintained by personnel who exercise great care in keeping the grounds groomed. The city will not be responsible for inadvertent scratches and chips that occur from routine maintenance or vandalism. Such happenings are a condition that goes with the privilege of placing the monument in the cemetery. A recommendation would be to consult a monument dealer on monument materials suitable to handle conditions at the cemetery.
Markers are subject to temperature extremes, snow, ice, sprinkler irrigation water and occasional nicks and chips from mowing equipment. It is also recommended that upright or slant markers have rough nosed base or edge rather than a polished smooth surface.
B. Monuments and Markers
All monuments or markers erected in the city's cemetery shall be restricted as to the size and general make-up and shall only be erected by the issuance of a permit provided by the administrative office.
Persons ordering a monument from a monument dealer should check, or cause to be checked, the restrictions first, to ensure that the stone will be permissible.
Only one marker allowed per burial space unless two infants, two cremations or a combination of a burial and a cremation are buried in the same space. A second marker can then be installed but MUST be a flat stone installed at ground level. When it becomes necessary to remove a monument for a burial, the sexton or cemetery staff will be responsible to make the proper arrangements.
C. Requirements for Markers
Markers must be composed of granite with flat markers having a two (2) inch sanded or beveled edge. All monuments purchased through the cemetery will include the marker installation fee. Those families that choose to purchase a monument though an outside vendor must pay the marker installation fee that is set forth accordance to the "Outside Marker Authorization Form" and the fee must be paid in advance to the delivery and acceptance of the monument. All monuments must have the gravesite location engraved on the bottom right-hand comer. All outside vendors are responsible for following the guidelines set forth in accordance with the "Outside Marker Authorization Form" as well as providing the Cemetery Manager with a copy of the layout of the monument to ensure that the monument meets cemetery requirements.
D. Vases
All permanent vases must be attached to the stone foundation or placed at least two (2) inches from the edge of the cement foundation or flat marker. Vases must sit above container so flowers do not lay on stone or grass or flowers must be at least four (4) inches above the container to allow for trimming around the edge of the foundation.
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Attachment: HG Cemetery Polices & Procedures DRAFT (4227 : Budget Allocation - Hermosa Gardens Cemetery) Hermosa Gardens Cemetery DRAFT Policies
7 DECORATION OF GRAVES
A. Funeral Flowers and Floral Pieces
Floral pieces will be removed without notice when they become unsightly. Space owners desiring to retain floral pieces must remove them within five (5) days after the interment.
B. Flower Containers
The placing of baskets, boxes, pots, jars, cans wires, bottles, etc., will not be permitted on sodded/grass area.
C. Artificial Flowers
Artificial flowers are permissible if placed in a permanent container, but the location and use of such flowers shall be subject to the policies and procedures set forth. Artificial flowers and grave decorations are permitted on any location in moderation. Fencing Small rocks, pebbles, beads, confetti, Mylar balloons and handmade markers are not permitted. If a gravesite is found to have any prohibited items, those items will be removed and discarded.
D. Fresh Cut Flowers
Fresh cut flowers are permitted in permanent containers anytime.
E. Planting or Excavating
No planting of any type of plant material, digging or disturbing the sod within the cemetery will be permitted.
F. Holidays Flowers Extensions
Grave decorations and flowers will not be removed on the Wednesday following the Mother’s Day, Memorial Day, and Father’s Day Holidays. For the Christmas Holiday families will be allowed to decorate from one week before the Holiday and one week after. For an exact listing of the dates to decorate for the extended Christmas Holiday please keep an eye out for the signs that will have the dates families can start decorating along with the first pick up date which shall be posted.
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Attachment: HG Cemetery Polices & Procedures DRAFT (4227 : Budget Allocation - Hermosa Gardens Cemetery) Hermosa Gardens Cemetery DRAFT Policies
8 VISTORS CODE OF CONDUCT
Hermosa Gardens Cemetery is a place of solemnity, respect, and remembrance, where families and friends come to pay their respects to their loved ones. Hermosa Gardens is not a public park and visitors should uphold the following guidelines to ensure a peaceful environment for all.
A. RESPECT. Visitors should show respect for the deceased and their resting places. Avoid any behavior that may be disruptive or disrespectful.
B. QUIET AND REVERENT BEHAVIOR . Maintain a quiet and respectful demeanor while on cemetery grounds. Loud talking, music, or disruptive activities should be avoided.
C. CEMETERY HOURS. Our cemetery is open to visitors from 8:00 AM to Sunset, Monday through Sunday.
We kindly ask that all visitors leave the cemetery by closing. Trespassing outside of these hours is strictly prohibited as we strive to protect the tranquility of the cemetery grounds.
D. NO SMOKING OR ALCOHOL. Smoking and alcohol consumption is not allowed.
E. GATHERINGS. Visitors should not set up tents, tables, chairs, or any other furniture for gatherings, as this may disturb the peace of others' graves and quiet time. No athletic equipment or playing of sports, including football or soccer, is allowed on the cemetery grounds. Children under 18 must be supervised at all times.
F. DECORATIONS AND OFFERINGS . If you wish to leave flowers, wreaths, or other decorations, ensure they are appropriate and comply with the cemetery's guidelines. Glass containers, baskets, boxes, pots, jars, cans, wires, and any other materials are not permitted on sodded grass areas. No fencing around graves or markers.
G. FOLLOW TRAFFIC RULES. When driving through the cemetery, stay on paved road, do not drive on grass, obey all traffic signs and speed limits. Be mindful of pedestrians and funeral processions.
H. PRIVACY AND BOUNDARIES. Be considerate of funeral services and grieving families. Keep a respectful distance and avoid intruding on their private moments.
I. LEAVE NO TRACE. If you bring items to the cemetery, take them with you when you leave. Do not leave behind any trash or personal belongings. Help keep the cemetery clean and beautiful for everyone.
Any behavior considered improper by the cemetery manager will be considered a violation of the rules, and the visitor may be asked to leave the grounds immediately. Such behavior includes but is not limited to fighting, yelling or cursing at others, rummaging through trash cans, failing to follow the rules above, and any other disruptive or disrespectful behavior.
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Attachment: HG Cemetery Polices & Procedures DRAFT (4227 : Budget Allocation - Hermosa Gardens Cemetery) Hermosa Gardens Cemetery DRAFT Policies
9 MISCELLANEOUS
A. Office - Records
The official cemetery records are kept at the administration office of Hermosa Gardens Cemetery.
The office is open weekdays from 8:30 a.m. until 5:00 p.m., with the exception of holidays. All business pertaining to the cemetery should be transacted at the administrative office. The location of all graves is shown by maps and by a system of recorded measurements from fixed permanent landmarks. All maps and records are on file at the administrative office. All owners oflots or spaces are requested to notify Hermosa Gardens Cemetery of any changes in their address.
B. Powers of the Cemetery Manager
The Cemetery Manager, subject to the direction of the Community Services Director, is responsible for enforcing the policies and procedures of the cemetery. The Cemetery Manager may take such action necessary to protect property, graves, space owners and the cemetery from injury, and to preserve the peace and good order and prevent injury to the appearance of the lots, graves, grounds and buildings.
C. Prices and Charges
The City Council may establish or amend by resolution the fees charged for any service within the cemetery. Prices and charges will be furnished by the administrative office of Hermosa Gardens Cemetery and are subject to change.
D. Contractors and Outside Workers
Contractors and others having work in the cemetery must make their business known to the Cemetery Manager before work is begun.
E. Disinterment's
Disinterment's must be arranged for though the administrative office. All fees and permits must be given to the administrative office before disinterment is completed. The written order of the space owner, their legal representative, or an order from a competent authority in compliance with law must also be given.
F. Liability of Cemetery
Hermosa Gardens Cemetery Personnel will, at all times, exercise diligence and reasonable care in the protection of the rights and property of the space owners but shall not be liable for any damage or loss.
G. Alteration and Repeal of Policies and Procedures
Hermosa Gardens Cemetery reserves the right to make, amend and repeal the policies and procedures of the cemetery and to make exceptions thereto; but such exceptions shall not amend or repeal any policies or procedures.
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Attachment: HG Cemetery Polices & Procedures DRAFT (4227 : Budget Allocation - Hermosa Gardens Cemetery) Hermosa Gardens Cemetery DRAFT Policies
10 CITY OF COLTON
HERMOSA GARDENS CEMETERY
PRICE LIST
Endowment is collected for each internment and is non-refundable per CA Health & Safety Code 8738 (ab1,2,3,4) Endowment must be paid upfront when establishing a Pre-Need, Open/Close costs cannot be included in a Pre-need, only at time of need.
8.75% Tax will be added to all sales
SINGLE PLOT SINGLE CREMATION PLOT
Plot $4,500.00 $2,500.00 Plot $3,000.00 $1,500.00
Endowment $995.00 $995.00 Endowment $995.00 $995.00
Open/Close $1,100.00 $1,100.00 Open/Close $800.00 $800.00 Vault $600.00 $600.00 Vault $375.00 $600.00
Vault Installation $600.00 $600.00 Vault Installation $400.00 $600.00 Service & Recording Fee $500.00 $500.00 Service & Recording Fee $500.00 $500.00 Marker Flat Black (28x16x3) $800.00 $800.00 Marker Flat Black (20x10x3) $400.00 $800.00 Marker Installation $550.00 $550.00 Marker Installation $450.00 $550.00 Flower Vase $100.00 $100.00 Flower Vase $100.00 $100.00 TOTAL $8,295.00 $6,295.00 TOTAL $6,070.00 $4,995.00
DOUBLE DEPTH PLOT (1ST INTERNMENT) DOUBLE DEPTH CREMATION PLOT (1ST INTERNMENT) Plot $4,500.00 $2,500.00 Plot $3,000.00 $1,500.00
Endowment $995.00 $995.00 Endowment $550.00 $550.00
Open/Close $1,100.00 $1,100.00 Open/Close $800.00 $800.00 Vault $600.00 $600.00 Vault $375.00 $375.00
Vault Installation $600.00 $600.00 Vault Installation $400.00 $400.00 Service & Recording Fee $500.00 $500.00 Service & Recording Fee $500.00 $500.00 Marker Flat Black (28x16x3) $800.00 $800.00 Marker Flat Black (20x10x3) $400.00 $400.00 Marker Installation $550.00 $550.00 Marker Installation $450.00 $450.00 Flower Vase $100.00 $100.00 Flower Vase $100.00 $100.00 TOTAL $8,295.00 $6,295.00 TOTAL $5,625.00 $4,125.00
DOUBLE DEPTH PLOT (2ND INTERNMENT) DOUBLE DEPTH CREMATION PLOT (2ND INTERNMENT) Dual Rights $1,000.00 Plot $1,000.00
Endowment $995.00 Endowment $550.00
Open/Close $1,100.00 Open/Close $800.00
Vault $600.00 Vault $275.00
Vault Installation $600.00 Vault Installation $400.00 Service & Recording Fee $500.00 Service & Recording Fee $500.00 TOTAL $4,795.00 TOTAL $3,525.00
NICHE WALL DISINTERNMENTS
Top Two Tiers $1,550.00 Single Plot $2,500.00
Bottom Two Tiers $1,050.00 Double Depth (level 1) $3,500.00 Endowment $650.00 Double Depth (level 2) $4,500.00
Open/Close $800.00 Cremation (each) $500.00
Recording Fee $500.00 Niche $250.00
Engraving $500.00 A licensed Funeral Director must be present for disinternment of full plot and body. Cost and Court fees must be paid by family. Permit is required. TOP TWO TIERS TOTAL $4,000.00 BOTTOM TWO TIERS TOTAL $3,500.00
INFANT SPACE OTHER FEES
Plot $750.00 Chapel Rental (2 hours) $350.00
Endowment $995.00 Chapel Rental (additional hours) $100.00 Open/Close $800.00 Saturday Burial $750.00
Vault $375.00 Government Marker Setting Fee $150.00
Vault Installation $400.00 After Hours (per hour) $100.00 Service & Recording Fee $500.00
Marker Flat Black (20x10x3) $400.00
Marker Installation $250.00
Flower Vase $100.00
TOTAL $3,820.00
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Attachment: HG Cemetery Polices & Procedures DRAFT (4227 : Budget Allocation - Hermosa Gardens Cemetery) 23152.06022\41662865.4
1 CITY OF COLTON
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into this _____ day of October, 2023, by and between the City of Colton , a municipal corporation (“City”), and Obi Group, Inc., a California corporation ("Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”
1. Recitals.
1.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain professional services required by City on the terms and conditions set forth in this Agreement. Contractor represents that they are experienced in providing cemetery services in the State of California, familiar with City’s plans for the operations of Hermosa Gardens Cemetery ( the “Cemetery”), and able to provide the S ervices as described herein and defined below.
1.2 Cemetery.
City desires to engage Contractor to render such Services, as described herein and defined below, and any other services that may be necessary from time to time for the Cemetery’s operation and maintenance.
2. Terms.
2.1 Scope of Services and Term.
2.1.1 General Scope of Services. Contractor shall be responsible for the overall management, operation, maintenance, and development of the Cemetery, including, but not limited to, the sale of internment rights, coordination of burial services, daily operations, and sale of C emetery merchandise (altogether, the “Services”). The types of Services to be provided are generally described in Exhibit “A,” which is attached hereto and incorporated herein by reference. All Services shall be subject to and performed in accordance with this Agreem ent, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
2.1.2 Term. The term of this Agreement shall be from October 4, 2023 to October 31, 2024, unless earlier terminated as provided herein or extended by the Parties’ mutual written agreement . All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.
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Attachment: Colton (Hermosa Cemetery) - Contractor Agreement w_ Hampton (2023) (SNS Edits)-c1 (4227 : Budget Allocation - Hermosa 23152.06022\41662865.4
2 2.2 Responsibilities of Contractor.
2.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor shall determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. City shall retain the right to collect all proceeds from the Services except as may be otherwise provided for herein. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of the City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all payments, reports and obligations respecting such additional personnel, including, but not limited to:
timely and accurate wage payments, any applicable benefit obligations, social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
2.2.2 Schedule of Services . Contractor’s obligation to perform the Services shall begin upon signature and remain in force for the Term of this Ag reement.
Contractor represents that they have the professional and technical personnel r equired to perform the Services.
2.2.3 Substitution of Key Personnel . Contractor has represented to City that certain key personnel shall perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to City, or who are determined by City to be uncooperative, incompetent, a threat to the Cemetery, or a threat to the safety of persons or property, shall be promptly removed from the Cemetery by Contractor at the City’s request. The key personnel for performance of this Agreement are as follows: G. Denise Hampton, Director of Obi Group.
2.2.4 City Representative. City hereby designates City Manager, City of Colton, or their designee, to act as its representative for the performance of this Agreement (“City Representative”). City Representative shall have the power to act on behalf of City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than City Representative or his or her designee.
2.2.5 Contractor Representative. Contractor hereby designates G.
Denise Hampton to act as their representative for the performance of this Agreement (“Contractor Representative”). Contractor Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement.
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Attachment: Colton (Hermosa Cemetery) - Contractor Agreement w_ Hampton (2023) (SNS Edits)-c1 (4227 : Budget Allocation - Hermosa 23152.06022\41662865.4
3 Contractor Representative shall supervise and direct the Services, using their best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
2.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City at all reasonable times.
2.2.7 Standard of Care; Performance of Employees . Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to pe rform the Services, and that such licenses and approvals shall be maintained throughout the term of th is Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the city , any services necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee of Contractor or Contractor’s sub-contractors who are determined by the City to be a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property shall be promptly removed from the Cemetery by the Contractor at City’s request and alternative personnel supplied.
2.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting their performance of the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City , Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold the City, its officials, directors, officers, employees , volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
2.2.9 Insurance.
(a) Time for Compliance . Contractor shall not commence the Services under this Agreement until it has provid ed evidence satisfactory to City that it has secured all insurance required under this section , in a form and with insurance companies acceptable to City. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to City that the subcontractor has secured all insurance required under this section.
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Attachment: Colton (Hermosa Cemetery) - Contractor Agreement w_ Hampton (2023) (SNS Edits)-c1 (4227 : Budget Allocation - Hermosa 23152.06022\41662865.4
4 (b) Minimum Requirements . Contractor shall, at its expense, procure and maintain , for the duration of the Agreement , insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees, or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(i) Minimum Scope of Insurance . Coverage shall be at
least as broad as the latest version of the following: (1) General Liability : Insurance Services Office Commercial General Liabilit y Coverage (occurrence form CG 0001 or exact equivalent ); (2) Automobile Liability : Insurance Services Office Bus iness Auto Coverage (form CA 0001, code 1 (any auto) or exact equivalent) ; and (3) Workers’ Compensation and Employer’s Liability : Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (ii) Minimum Limits of Insurance . Contractor shall
maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability:
Workers’ Compensation limits as required by the Labor Code of the State of California.
Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. (c) Professional Liability. Contractor shall procure and maintain, and require its sub -contractors to procure and maintain, for a period of five (5) years following completion of the Services, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $ 2,000,000 per claim. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of Contractor. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement.
The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
(d) Insurance Endorsements . The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on fo rms supplied or approved by City to add the following provisions to the insurance policies:
(i) General Liability.
(1) Commercial General Liability Insurance must
include coverage for (1) Bodily Injury and Property Damage; (2) Personal Injury/Advertising Injury; (3) Premises/Operations Liability; (4) Products/Completed Operations Liability; (5) Aggregate Limits that Apply per Services; (6) Explosion, Collapse
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Attachment: Colton (Hermosa Cemetery) - Contractor Agreement w_ Hampton (2023) (SNS Edits)-c1 (4227 : Budget Allocation - Hermosa 23152.06022\41662865.4
5 and Underground (UCX) exclusion deleted; (7) Contractual Liability with respect to this Agreement; (8) Broad Form Property Damage; and (9) Independent Contractors Coverage.
(2) The policy shall contain no endorsements or
provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
(3) The policy shall give City, its directors, officials, officers, employees, volunteers and agents insured status using ISO endorsement forms 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (4) The additional insured coverage under the
policy shall be “primary and non-contributory” and shall not seek contribution from City’s insurance or self -insurance and shall be at least as broad as CG 20 01 04 13, or endorsements providing the exact same coverage.
(ii) Automobile Liability.
(1) The automobile liability policy shall be endorsed
to state that: (1) City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by City, its directors, officials, officers, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way. (iii) Workers’ Compensation and Employers Liability
Coverage.
(1) Contractor certifies that they are aware of the
provisions of Section 3700 of the California Labor Code which requires e very employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and they shall comply with such provisions before commencing work under this Agreement.
(2) The insurer shall agree to waive all ri ghts of
subrogation against City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.
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6 (iv) All Coverages.
(1) Defense costs shall be payable in addition to the
limits set forth hereunder.
(2) Requirements of specific coverage or limits
contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth herein shall be available to City, its directors, officials, officers, employees , volunteers and agents as additional insureds under said policies. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named insured; whichever is greater. (3) The limits of insurance required in this
Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City (if agreed to in a written contract or agreement) before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
The umbrella/excess policy shall be provided on a “following form” basis with coverage at least as broad as provided on the underlying policy(ies). (4) Contractor shall provide City at least thirty (30)
days prior written notice of cancellation of any policy required by this Agreement, except that Contractor shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non -payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, Contractor shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to City at least ten (10) days prior to the effective date of cancellation or expiration. (5) The retroactive date (if any) of each policy is to
be no later than the effective date of this Agreement. Contractor shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Contractor shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims- made policy with a retroactive date subsequent to the effective date of this Agreement. (6) The foregoing requirements as to the types and
limits of insurance coverage to be maintained by Contractor, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations othe rwise assumed by Contractor pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
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7 (7) If at any time during the life of the Agreement,
any policy of insurance required under this Agreement does not comply with the se specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City shall be promptly reimbursed by Contractor or City shall withhold amounts sufficient to pay premi um from Contractor payments. In the alternative, City may cancel this Agreement. City may require Contractor to provide complete copies of al l insurance policies in effect for the duration of the Agreement.
(8) Neither City nor any of its directors, officials,
officers, employees, volunteers or agents shall be personally responsible for any liability arising under or by virtue of this Agreement.
(v) Separation of Insureds; No Special Limitations . All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to City, its directors, officials, officers, employees, agents , and volunteers.
(vi) Deductibles and Self -Insurance Retentions . Any
deductibles or self -insured retentions must be declared to and approved by City.
Contractor shall guarantee that, at City’s option, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its directors, officials, officers, employees, agents and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
(vii) Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to City.
(viii) Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind cov erage on its behalf, and sh all be on forms provided by City if requested. All certificates and endorsements must be received and approved by City before work commences. (ix) Subcontractor Insurance Requirements . Contractor shall not allow any subcontractors to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Contractor, the City may approve different scopes or minimum limits of insuranc e for particular subcontractors.
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8 (e) Safety. Contractor shall execute and maintain its work so as to avoid injury or damage t o any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life-saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearin g apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
2.3 Fees and Payments.
2.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred And Fifty Thousand Dollars ($250,000) without written approval of City’s City Manager. Contractor shall be compensated on a monthly basis following submittal and approval of time-sheets by the City Manager. The City Manager shall notify Contractor of a ny discrepancies within five (5) days following submittal of a time -sheet. Extra work performed under this Agreement shall only be compensable with prior written authorization from the City Manager. Upon receiving such authorization, Contractor shall be compensated for their extra work at the rates and manner set forth in this Agreement.
Contractor may not retain income from pre -need property, rights, or pre-need or at-need endowment care funds collected.
2.3.2 Prevailing Wages . Contractor is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ( altogether, “Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works ” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws in coordination with City. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Ag reement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Cemetery. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
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9 2.4 Accounting Records.
2.4.1 Maintenance and Inspection . Contractor shall maintain comp lete and accurate r ecords as required in Exhibit A, Section 1.1 . All such records shall be clearly identifiable. Contractor shall allow City representatives during normal business hours to examine, audit, and make transcripts or copies of such records an d any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
2.4.2 Quarterly and Annual Reports . Contractor shall prepare both quarterly and annual reports for City review during this Agreement’s term. A template for each report is provided in Exhibit B. The quarterly reports shall be due to City by January 1, April 1, July 1, and October 1 of each respective year and shall detail the current state of affairs at the Cemetery, including, but not limited to, the Cemetery’s finances for that respective quar ter. The annual reports shall detail the overall state of affairs for that respective year and also the progress (if any) that has been made on reviewing Cemetery records to consider the Cemetery’s position going forward.
2.5 General Provisions.
2.5.1 Termination of Agreement.
(a) Grounds for Termination . City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least thirty (30 ) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. (b) Effect of Termination . If this Agreement is terminated as provided herein, City may require Contractor to prov ide all finished or unfinished Documents and Data (defined infra) and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement.
Contractor shall be required to provide such documents and othe r information within fifteen (15) days of the request.
2.5.2 Delivery of Notices . All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
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10 Contractor: Obi Group dba Omni Cemetery Management
PO Box 823
Calimesa, CA 92320-0823
Attn: G. Denise Hampton
Email: [email protected]
City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
Attn: City Manager
Email: [email protected]
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
2.5.3 Ownership of Materials and Confidentiality.
(a) Documents and Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents and Data”). Contractor shall require all subcontractors to agree in writing that the City is granted a non -exclusive and perpe tual license for any Documents and Data the subcontractor prepares under this Agreement . Contractor makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Contractor or provided to Contractor by City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
(b) Intellectual Property.
(i) In addition, City shall have and retain all right, title and interest (including copyright, patent, trade secret and other proprietary rights) in all plans, specifications, studies, drawings, estimates, materials, data, computer programs or software and source code, enhanc ements, documents, and any and all works of authorship fixed in any tangible medium or expression, including but not limited to, physical drawings or other data magnetically or otherwise recorded on computer media (“Intellectual Property”) prepared or deve loped by or on behalf of Contractor under this Agreement as well as any other such Intellectual Property prepared or developed by or on behalf of Contractor under this Agreement.
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11 (ii) City shall have and retain all right, title and interest in Intellectual Property developed or modified under this Agreement whether or not paid for wholly or in part by City, whether or not developed in conjunction with Contractor, and whether or not developed by Contractor. Contractor shall execute separate written assignments of any and all rights to the Intellectual Property upon request of City. (iii) Contractor shall also be responsible to obtain in writing separate written assignments from any subcontractors or agents of Contractor of any and all right to the Intellectual Prope rty. Should Contractor, either during or following termination of this Agreement, desire to use any of the above -referenced Intellectual Property, it shall first obtain the written approval of City. (iv) All materials and documents which were developed or prepared by Contractor for general use prior to the execution of this Agreement and which are not the copyright of any other party or publicly available and any other computer applications, shall continue to be the property of Contractor. However, unless otherwise identified and stated prior to execution of this Agreement, Contractor represents and warrants that it has the right to grant the exclusive and perpetual license for all such Intellectual Property as provided herein.
(v) City further is granted by Contractor a non -exclusive and perpetual license to copy, use, modify or sub-license any and all Intellectual Property otherwise owned by Contractor which is the basis or foundation for any derivative, collective, insurrectional, or supplemental work created under this Agreement. (c) Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Contractor in connection with the performance o f this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the Services, n or shall such materials be disclosed to any person or entity not connected with the performance of the Services. Nothing furnished to Contractor which is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City’s name or insignia, p hotographs of the Cemetery, or any publicity pertaining to the Services or the Cemetery in any magazine, trade paper, newspaper, television or radio production or other similar medium without City’s prior written consent. (d) Infringement Indemnification . Contractor shall defend, indemnify and hold City, its directors, officials, officers, employees, volunteers , and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use by City of the Documents and Data, including any method, process, product, or concept specified or depicted.
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12 2.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
2.5.5 Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
2.5.6 Indemnification. Contractor shall defend, indemnify and hold City, its directors, officials, officers, contractors, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, and subcontractors arising out of or in connection with the performan ce of the Services and this Agreement generally including, without limitation , the payment of all consequential damages and attorney’s fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions , or other legal procee dings of every kind that may be brought or instituted against City, its directors, officials, officers, contractors, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City or its directors, officials, officers, Contractors, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, contractors, employees, agents or volunteers, for any and all legal expenses and costs, including reasonable attorney’s fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by City, its directors, officials, officers, contractors, employees, agents or volunteers. This section shall survive any expiration or termination of this Agreement. Notwithstanding the foregoing, to the extent that the Services are su bject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
2.5.7 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement ma y only be modified by a written instrument signed by both Parties.
2.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.
2.5.9 Time of Essence . Time is of the essence for each and every provision of this Agreement.
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13 2.5.10 Assignment or Transfer . Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
2.5.11 Construction; References; Captions . Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed ca lendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as may otherwise be specified in this Agreement. All references to City include its directors, officials, offi cers, employees, agents, and volunteers except as may otherwise be specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
2.5.12 Amendment; Modification . No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
2.5.13 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
2.5.14 No Third Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
2.5.15 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
2.5.16 Prohibited Interests . Contractor maintains and warrants that they have not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that they have not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, director, officer, official, agent, volunteer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
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14 2.5.17 Labor Certification. By their signature hereunder, Contractor certifies that they are aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Workers’ Compen sation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
2.5.18 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
2.5.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
2.6 Subcontracting.
2.6.1 Prior Approval Required . Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE
TO
CITY OF COLTON
AGREEMENT FOR PROFESSIONAL SERVICES
IN WITNESS WHEREOF, the Parties hereby have made and executed this Agreement as of the date first written above.
CITY OF COLTON OBI GROUP
dba Omni Cemetery Management
By: ____________________________ By: __________________________ William R. Smith G. Denise Hampton
City Manager
APPROVED AS TO FORM:
By: _________________________
Best Best & Krieger LLP
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EXHIBIT “A”
SCOPE OF SERVICES
1. SERVICES - Contractor shall retain management, operation, maintenance, and development of the Cemetery, including, but not limited to, the sale of internment rights, coordination of burial services, daily operations, and sale of ceme tery merchandise at the Cemetery. Contractor also be responsible for the following:
1. Citizen Engagement. Contractor shall make a good-faith effort to address all citizen questions, needs and complaints in a timely manner, as presented to Contractor or City.
2. Records. Contractor shall accurately maintain separate Books and Records (defined below) for its operations at the Cemetery, which operations shall not be commingled or consolidated with any other business or account.
▪ “Books and Records” shall mean any and all ledgers, book s of account, invoices, vouchers, canceled checks, at -need contracts, pre-need contracts, insurance contracts, all contracts including addendums, invoices and miscellaneous purchases and/or purchase agreements for merchandise, any other records or document s evidencing or relating to charges for services performed at the Cemetery, customer complaints, employee training, inventory, maintenance logs, and any other documents evidencing the operations and management of the Cemetery.
▪ Books and Records, where app ropriate, must clearly itemize and identify cost and sales information with regard to:
• The sales of interment rights (including crypts, graves, lawn crypts, mausoleum crypts, niches, scattering gardens, and any other rights or form of disposition in devel oped or undeveloped areas of the Premises) including Endowment
Care; and,
• The sales of cemetery merchandise (including, but not limited to, monuments, vaults, liners, bases, urns, foundations, markers, vases, grave blankets, decorations, or such other merchandise as may be available for sale); and,
• The sales of labor services pertaining to interment, marker monument, and vase setting, graveside service and set up and such other labor service items that may be available for purchase; and,
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• The rental of th e Mission Chapel for services provided by Contractor and its affiliates, and outside companies.
▪ Contractor shall retain such Books and Records for a minimum of three (3) years following the termination of this agreement and provide said records to City a t time of this Agreement’s termination.
Contractor shall maintain its records on a basis showing its operations at the Cemetery. In the event of termination, Contractor should be prepared to turn over a complete copy of Books and Records to City. City acknowledges that Contractor can only retain, provide and warrant the accuracy of the Books and Records for the period of time in which Contractor was the vendor. Contractor must rely on prior records, but cannot warrant their accuracy.
3. Reports. Contractor shall provide a monthly report to City on the 15 th of each month detailing all financial information for the operations and management of the Cemetery, any improvements to the Cemetery, status of the operations and management of the Cemetery, and any pertinent other information. Failure to provide such a report may result in the termination of this Agreement by City at its sole discretion. Contractor’s reporting requirements are detailed further in Exhibit “B.”
4. Endowment Care Fund. City shall maintain an Endowment Care Fund Trust Account (the “Endowment Account”) for the long term perpetual care and maintenance of the Cemetery.
▪ Contractor and City agree that Contractor shall deposit into the Endowment Account $995, per contract, for ea ch new interment of burials. Lesser fees for niches and spreading gardens may be assessed at Contractor’s discretion, with City approval. ▪ Endowment care funds shall be collected and provided to City no later than the 15th day of each month. Contractor shall provide City with a digital spreadsheet of the Endowment Account itemizing, plot, owner, and interred or pre-needed for plots, niches or spreading gardens.
▪ Endowment care funds must be collected fully and in first order and may not be negotiated i n any payment agreements over time.
Contractor shall not permit opening or closing fees to be included in pre-need sales.
5. Pre-Need Payments. Contractor shall receive and collect all previously- established pre-need contract payments for Cemetery services, which funds are for those accounts not in default and not covered by any approved pre-need contract sales policies. These funds shall be provided to the City no later than the 15 th day of each month with a digital spreadsheet of the
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payments itemized with contract number, date of payment, amount of payment, balance and responsible party.
▪ Contractor shall work with City to recover and categorize pre -need cemetery property, rights, services, and merchandise sold, but not paid in full. This process will include sending letters and placing advertisements in local media, with prior approval by City Representative. Pre -need contracts that have expired without full payment can be re -drafted at the desire of the consumer at current prices with the previous amount paid towards the new total. All funds collected in connection with this process shall be provided to the City on the 15 th of each month and detailed in the monthly report. As described above, if these funds are collected by an approved pre - need insurance provider, those monies shall be provided directly to the pre-need insurance company, and said company shall provide a written report to both Contractor and City on a monthly basis or more frequently as requested by the Parties.
6. Pre-Need Sales . Contractor shall not engage in sales of new pre -need contracts for cemetery land, rights, services and merchandise until it establishes a system to track, categorize, and record the pre -need sale of all gravesites. Contractor shall establish this system within thirty (30) days of the Effective Date. Once this tracking system is established and approved by City Representative, Contractor may resume pre-need sales. Contractor shall allow City to inspect this syst em during City’s weekly inspection.
Further, Contractor shall be permitted to contract with a properly -insured third party vendor to sell and service pre -need insurance, as approved by City.
▪ Pre-Need or At -Need Contracts for Scattering. If Contractor is presented with pre -need or at -need contracts for scattering, Contractor shall present a proposed procedure for handling scattering to City for approval, and such proposal must demonstrate compliance with the standards set by the CFB. Approva l by City Representative is required before Contractor may move forward with providing scattering services.
7. Cemetery Operations. Contractor shall bear responsibility for the following Cemetery operations, including, but limited to:
▪ All labor, material, s upplies and equipment for the opening and closing of burial spaces, including setting and sealing of vaults. No City equipment or supplies will be provided.
▪ Sale, preparation, and maintenance of interment sites.
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▪ Contractor shall establish a Cemetery Price List and provide a copy to City for approval. Prices shall be in accordance with industry standards, consistent with all applicable laws and regulations, and clearly identify property options, cost of rights, merchandise, and service options available.
▪ Access to certain grave sites will be difficult and may require the movement and replacement of headstones and coping. OBI shall be responsible for promptly repairing and replacing headstones, grave markers, coping, and the like, or other surface disturba nces caused by it, its employees, and/or agents during the execution of their respective duties.
▪ Contractor shall be responsible for opening the grave to a depth necessary to install a concrete vault(s) and in compliance with the standards set by the CFB.
▪ Contractor shall have a designated senior staff member present at each interment to ensure proper operation of each burial, including but not limited to, overseeing burial set -up and verifying burial permits. Contractor shall have the burial spaces prepa red for the interment at a minimum of two (2) hours prior to the graveside service. If ground opening is required the day before scheduled interment, the gravesite must be fully prepped including grave liner or shoring, securely covered and with caution t ape or other similar warning signs surrounding the opening.
▪ All closings shall be completed immediately following burial services in accordance with proper safety measures including friends and/or family of deceased to be either off premises or safely ins ide their vehicles. All work shall be done during daylight hours. ▪ Contractor shall provide cribbing and shoring, artificial grass, tent, lowering device, and a maximum of 20 chairs.
▪ Contractor shall have staff available during the service to provide any assistance that the funeral home or cemetery personnel may need and ensure expedient closing of the grave.
▪ Contractor shall be available to perform services at the Cemetery consistent with posted and/or advertised times.
▪ Contractor shall have the personnel/staff to perform up to three (3) Cemetery services in an eight (8) hour period.
▪ Contractor shall be diligent in its scheduling and operations, such as:
a) confirming each vault placement and grave site location before the service; and b) anticipate volume of traffic for services, parking, safe
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Attachment: Colton (Hermosa Cemetery) - Contractor Agreement w_ Hampton (2023) (SNS Edits)-c1 (4227 : Budget Allocation - Hermosa 23152.06022\41662865.4
entrance and exit into the cemetery. OBI shall be diligent and take reasonable precautions, but must rely upon cemetery records generated before the Effective Date that may be imperfect. OBI cannot be held liable or responsible for reasonable reliance on said records.
▪ Contractor shall perform background checks on all staff and report any issues to City.
▪ Contractor shall be responsible for the training of all staff to standards consistent with standards recognized in the profession. ▪ Contractor shall provide City with a list of Key Personnel and their roles in the company and as it pertains to the Cemetery. ▪ Contractor shall make the Cemetery for Visits available from sunrise until sunset. During quiet hours, Cemetery shall be made secure at gate access points. City shall repair any damage to the gates as quickly as reasonably possible.
▪ Cemetery Buildings shall be locked when not in use.
▪ Contractor shall create and enforce the Visitors Code of Conduct , including a posted maintenance schedule
▪ Use of Facilities: Under this agreement Contractor is granted use of the following facilities and structures:
• Cemetery Grounds and Access Roads, including gates,
fencing, structures in the undeveloped portion that is intended for maintenance area
• Cemetery Office Building
• Mission Chapel
▪ Upkeep of Facilities: Contractor is expected to maintain the Cemetery, in the same state as and rodent control, in compliance with standards as established in California Code of Regulations Title 16 section 2333 (Cemetery Maintenance Standards), provided, however, if any major repairs become necessary due to the Cemetery’s no rmal wear and tear and/or neglect from Cemetery operations pre-dating the Effective Date, City may opt instead cover the cost itself. Moreover, Contractor shall familiarize themselves with any protected species that are present on the land, including but not limited to the delhi sand fly, and make certain that their pest control methods do not violate any species protections in place.
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Attachment: Colton (Hermosa Cemetery) - Contractor Agreement w_ Hampton (2023) (SNS Edits)-c1 (4227 : Budget Allocation - Hermosa 23152.06022\41662865.4
▪ Contractor shall also familiarize themselves with proper procedures of Type C soil excavation standards and backfilling and enforce safety standards, large equipment operation standards and safety.
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Attachment: Colton (Hermosa Cemetery) - Contractor Agreement w_ Hampton (2023) (SNS Edits)-c1 (4227 : Budget Allocation - Hermosa 23152.06022\41662865.4
EXHIBIT “B”
CONTRACTOR REPORTS
MONTHLY REPORTS
Contractor’s monthly reports s hall contain all pre -need payments and at -need sales information with respect to the sales of interment rights (including crypts, graves, lawn crypts, mausoleum crypts, niches, scattering gardens, services performed in the chapel, and any other rights or form of disposition in developed or undeveloped areas of the Premises) and cemetery merchandise (including vaults, liners, bases, urns, foundations, vases, grave blankets, decorations, or such other merchandise as may be available for sale).
ANNUAL REPORT
Contractor’s annual report shall be a comprehensive document that provides City Council, City staff and the public with a detailed overview of the Cemetery’s financial performance, achievements, challenges, and future prospects, including, but not limited to:
1. Financial Highlights: Key financial data, including revenue, pre -need sales/payments, at-need contracts, and any other sales, presented in a visually appealing manner such as tables, charts, and graphs.
2. Management Discussion and Analysis (MD&A): A detailed narrative explaining the Cemetery’s financial performance, significant events, risks, and strategies for the future.
3. Financial Statements: Comprehensive financial statements, typically including the balance sheet, income statement, cash flow statement, and notes to the financial statements.
4. Cemetery Operations: Details on the operations through the year includi ng improvements, changes, customer feedback and any other details.
5. Future Outlook: Management's perspective on the Cemetery’s future prospects, including growth strategies, new products, and long-term goals.
6. Legal and Compliance Information: Disclosures ab out legal matters, pending litigation, and regulatory compliance.
7. Graphics and Visuals: Effective use of visuals, charts, graphs, and images to enhance the readability and engagement of the report.
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Attachment: Colton (Hermosa Cemetery) - Contractor Agreement w_ Hampton (2023) (SNS Edits)-c1 (4227 : Budget Allocation - Hermosa 23152.06022\41662865.4
EXHIBIT “C”
COMPENSATION
POSITION HOURLY RATE
Primary Contractor – Cemetery Manager $75
Cemetery Reception Staff $22
Maintenance Crew $25
MONTHLY FEES
Overhead costs for staffing, insurance and other
related expenses
$1000
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ITEM NO. 2
STAFF REPORT
DATE: OCTOBER 3, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STEPHANIE VARGAS, DEPUTY CITY CLERK
SUBJECT: APPROVAL OF MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD ON SEPTEMBER 19, 2023, ON FILE IN THE
OFFICE OF THE CITY CLERK.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approval of Minutes for the City Council Regular Meeting held on September 19, 2023.
BACKGROUND
Minutes for the City Council Regular Meeting held on September 19, 2023.
FISCAL IMPACTS
None
ATTACHMENT
1. 09-19-2023 Draft Minutes
2 Packet Pg. 53
September 19, 2023 Regular City Council Meeting 1 -
CITY COUNCIL/COLTON UTILITY AUTHORITY/
COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY
REGULAR MEETING MINUTES
September 19, 2023
Regular Meeting held on the above -given date at 6 :00 p.m. in the Council Chamber of City Hall, with Mayor Navarro presiding.
INVOCATION: Pastor Conrad Valdez - Echoes of Love Ministries FLAG SALUTE: American Legion Post 155 Members Kenneth Koperski and Paul Garcia
CITY COUNCIL ROLL CALL
Council Members Present Staff Present
Frank J. Navarro, Mayor William R. Smith, City Manager David J. Toro, MPT Carlos Campos, City Attorney
Kelly J. Chastain Stephanie M. Vargas, Deputy City Clerk Dr. Luis S. González
John R. Echevarria
Council Members Absent
None
CEREMONIAL MATTERS
Presentations, Awards, Proclamations
• Business Focus - Colton Beauty Salon
CM González presented a Certificate of Recognition to Colton Beauty Salon; accepted by business owner Maria Bobadilla.
• 50th Anniversary Celebration of Nickelodeon Pizza
CM Echevarria presented a Certificate of Recognition to “Nickelodeon Pizza Pasta and Pleasing Food”; in honor of their 50th Anniversary and in appreciation for their long-standing presence in the City of Colton; accepted by Business Owner Gary Grossich.
Alex Braicovich from CR&R, Leanne Uribe a representative from the County Supervisor Joe Baca Jr’s Office, Birdie Aguilar a representative from the United States Representative Pete Aguilar’s Office, and Edward Castallan a representative from the US Senator Richard Roth’s Office, all expressed congratulations to Mr. Grossich, and presented Plaques and Certificates of Recognition in honor of his achievement.
• Proclamation - Dr. Tom Rivera Day of Community Service Mayor Frank Navarro read a Proclamation Certificate officially recognizing September 22nd as Dr. Tom Rivera Day; in memory of the exemplary life lived by Dr. Tom M. Rivera; who dedicated his life to serving the community and encouraging higher education; accepted by Mr. Tom M. Rivera’s surviving family.
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Attachment: 09-19-2023 Draft Minutes (4236 : Draft Minutes 09-19-2023) September 19, 2023 Regular City Council Meeting 2 -
MAYOR AND COUNCIL ITEMS
POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF SEPTEMBER 19, 2023.
GIFT DISCLOSURES
Mayor Navarro asked the members present if there were any agenda items that were a conflict of interest pursuant to CMC Section 2.04.030. None disclosed.
AB 1234 ORAL REPORTS
Mayor Navarro asked the members present if there were any brief reports on meetings attended at the expense of the City. (GC Section 53232.3(d). None disclosed.
APPOINTMENTS
None
MAYOR AND COUNCIL DISCUSSION ITEMS
None
PUBLIC HEARINGS
None
BUSINESS ITEMS
(1) Solid Waste Franchise Agreement - Discussion - Discussion and Possible Direction to Staff, Pertaining to the Contract with CR&R Inc. for Solid Waste Services.
Staff Presentation
Brian Dickinson, Director of Public Works introduced Alex Braicovich.a representative for CR&R , who proceeded to present for Council a Power point presentation with an overview of the discussion item.
Public Comment
The following community member addressed the Council: Leno Moreno, John Stylianides, and Darby Osnnaya.
Council Discussion
Discernment and discussion between Mayor and Councilmembers present, with clarification and comments provide by CR&R representative Alex Braicovich, the City Manager Bill Smith , City Attorney Carlos Campos, City Treasurer Aurelio De La Torre.
Motion and Second by CM Chastain/ CM Echevarria to select CR&R’s Contract Enhancement Option #2, t he Five Plus Five Year Option.
Vote: Motion Failed with MPT Toro, CM Gonzalez, and Mayor Navarro voting no.
Motion and Second by MPT Toro/ CM Chastain to hold a special meeting workshop in orde r to discuss Option #2 further.
Vote: Motion Passes with CM Gonzalez and Mayor Navarro voting No.
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Attachment: 09-19-2023 Draft Minutes (4236 : Draft Minutes 09-19-2023) September 19, 2023 Regular City Council Meeting 3 -
***************************************************************************
PUBLIC COMMENT
The following community members addressed the Council: John Longfield, Paula Flores,Eloy Sanchez, John Stylianides, Nick Zapkofskq, and Angela Willkenson.
***************************************************************************
CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 2 through 13.
CM Echevarria selected Item 10 and 12 for discussion and requested clarification from staff.
Motion and Second by CM González/ MPT Toro to approve consent calendar.
Vote: Unanimous, Motion Passes.
(2) Minutes - Approval of Minutes for the City Council Regular Meeting Held on September 5,2023, on file in the Office of the City Clerk.
(3) Warrants - Approve voucher numbers 207461 to 207579 dated 08/17/2023 and totaling $1,683,906.54; voucher numbers 207580 to 207657 dated 08/21/2023 and totaling $510,357.25; replacement checks 207658 to 207659 totaling $2,744.35; voucher numbers 207660 to 207763 dated 08/24/2023 and totaling $599,210.84; a payroll disbursement listing dated 07/08/2023 to 07/21/2023 and totaling $1,167,344.07 and a payroll disbursement listing dated 07/22/2023 to 08/04/2023 and totaling $1,085,947.15.
(4) City Treasurer's Report - Receive and File City Treasurer’s Report for June 2023.
(5) Agreement - Mobile Modular Management Corp. - Approve a Lease Agreement with Mobile Modular Management Corp for a Temporary Office Trailer for the Wastewater Division of the Public Works & Utilities Department.
(6) Contract Award - Anixter, Inc. - Approve Contract Award to Anixter Inc. for Medium Voltage Pad Mounted Switchgear.
(7) Contract Award - Flock Safety Group Inc. - Approve Award of a 5-year Contract to Flock Safety Group Inc. for Automated License Plate Readers (ALPR) in the Police Department.
(8) Grant Agreement - FHWA SS4A - Approve Grant Agreement with Federal Highway Administration (FHWA) for the Safe Streets and Roads for All (SS4A) Grant; RESOLUTION NO. R-85-23.
(9) Legislative Policy - 2024 - Approve Legislative Policy for the 2024 Legislative Year.
(10) License Agreement - County of Riverside - Approve License Agreement with the County of Riverside for Lease of Space at Blue Mountain Tower.
(11) Purchase - Fire Department Vehicle - Authorize the Purchase of a 2022 Dodge 1500 Quad Cab 4x4 for the Fire Department.
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Attachment: 09-19-2023 Draft Minutes (4236 : Draft Minutes 09-19-2023) September 19, 2023 Regular City Council Meeting 4 -
(12) Salary Schedule Adjustment - Part-time Positions - Approve Part-Time Classification Salary Schedule Adjustment.
(13) 2022 Power Content Label - Approve and Adopt Resolution Approving the 2022 Annual Power Source Disclosure Report & 2022 Power Content Label, RESOLUTION NO. R-84-23.
MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor, Council and City Treasurer on various issues and activities throughout the community.
CITY MANAGER'S REPORTS
City Manager Bill Smith designated Finance Director Stacey Dabbs to report to Council about the progress that has been made regarding the I.T. issues that had been hindering the Council Meetings. Ms. Dabbs explained that the voting system is once again operational, the Closed Captioning on the channel 3 broadcast is now working and that staff has made contact with the correct Spectrum employees about correcting the low volume issues.
City Manager Bill Smith also asked for City Attorney to report out on recent settlements for the record.
City Attorney Campos reported that from previous actions that were taken by the City Council in Closed Session, the following settlements were approved:
• Yvonne Guzman v City of Colton- City Council Unanimously approved settlement of $78,662.50 less payments that were already made.6/20/23 Closed Session.
• Alice Ibarra v City of Colton- Council Unanimously approved settlement of $250, 000, July 18, 2023 Closed Session.
ADJOURNMENT
At 8:30 p.m.. Mayor Navarro adjourned the Regular Council Meeting in Memorium for Jayce Board, Al Casada, and Deputy Ryan Clinkunbroomer; a moment of silence was observed in their honor.
_________________________________
Stephanie M. Vargas
Deputy City Clerk
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Attachment: 09-19-2023 Draft Minutes (4236 : Draft Minutes 09-19-2023)
ITEM NO. 3
STAFF REPORT
DATE: OCTOBER 3, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE REPLACEMENT CHECK NUMBER 207764 FOR $396.33; VOUCHER NUMBERS 207765 TO 207843 DATED 08/30/2023 AND
TOTALING $75,624.63; VOUCHER NUMBERS 207844 TO 207892
DATED 08/31/2023 AND TOTALING $1,383,833.81; VOUCHER
NUMBERS 207893 TO 208008 DATED 09/06/2023 AND TOTALING
$579,487.42; REPLACEMENT CHECK NUMBER 207894 FOR
$10,340.00 AND A PAYROLL DISBURSEMENT LISTING DATED
8/05/2023 TO 08/18/2023 AND TOTALING $1,169,464.17.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve replacement check number 207764 for $396.33; voucher numbers 207765 to 207843 dated 08/30/2023 and totaling $75,624.63; voucher numbers 207844 to 207892 dated 08/31/2023 and totaling $1,383,833.81; voucher numbers 207893 to 208008 dated 09/06/2023 and totaling $579,487.42; replacement check number 207894 for $10,340.00 and a payroll disbursement listing dated 8/05/2023 to 08/18/2023 and totaling $1,169,464.17.
BACKGROUND
The California Government Code requires that the legislative body ratify all vouchers issued in the course of conducting City business.
ISSUES/ANALYSIS
All vouchers and related backup documentation have been reviewed by the City Treasurer.
FISCAL IMPACTS
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Staff Report to the Mayor and City Council
Warrants - Accounts Payable
October 3, 2023
None.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Fund Number and Title Legend
2. Voucher lists
3. Payroll Registers
3 Packet Pg. 59
City of Colton
Fund Number and Title Legend
Fund Title Fund Title
100 GENERAL FUND 701 LLMD #2
150 TREASURERS ACCOUNT GROUP 702 LLMD #1
206 COMMUN ITY CHILD CARE 703 CFO 87-1 DEBT SERV ICE
209 DSF FLY CONSERVATION 704 CFO 87-1 CONSTRUCT ION
210 SPECIAL GAS TAX 707 CFO 88-1 DEBT SERV ICE
211 LIBRARY GRANT FUND 708 CFO 88-1 CONSTRUCTION
212 STATE TRAFFIC RELIEF FUND 709 DSF FLY CONSERVATION
213 S.Y.E.T .P. GRANT 722 STORM WATER
214 POLLUT ION REDUCT ION FUND 733 CFO 89-1 CONSTRUCT ION 215 COMMUNITY DEV ACT FUND 734 CFO 89-2 CONSTRUCT ION
216 CDBG HOUS ING REHAB FUND 744 CFO 89-1 DEBT SERV ICE 217 DRUG/GANG INTERVENTION 745 CFO 89-2 DEBT SERV ICE
218 MEASURE I FUND 750 AQUA MANSA CFO
219 STATE AID- CAPITAL PROJECTS 754 SB COUNTY HOSPITAL
220 Vi Tep 762 TRUST AND AGENCY
225 MISC GRANTS 766 DEFERRED COMPENSAT ION
240 HOST CITY FEES - CIP 781 CFO 90-1 DEBT SERVICE
247 Quimby In Lieu Fees 782 CFO 90-1 CONSTRUCT ION
248 PARK DEVELOPMENT FUND 850 Redeve lopment Obligation Retirement Fund 249 TRAFF IC IMPACT FUND 851 Successor Agency Administration 250 NEW FAC ILITIES DEVELOPMENT FEE 855 Hous ing Auth - RM PARK DEVELOPMENT 251 CIVIC CENTER DEVELOPMENT FEE 856 Housing Auth - RANCHO MED BOND PROCEEDS 252 FIRE FAC ILITY DEVELOPMENT FEE 857 LMI Asset Fund
253 POLICE FACILITY DEVELOPMENT FEE 864 Housing Auth - LOW/MOD BOND PROCEEDS 261 ASSET FORFEITURE 865 Housing Auth - RANCHO MED CHFA 326 AD 94-1 DEBT SERVICE 866 ECONOM IC DEVELOPMENT
332 1971 SEWER BONDS, A & C 867 Consolidation Proj_08 -09 350 PFA Debt Fund 870 Housing Auth - RM PARK OPERAT IONS 357 POB-Non Enterprise 871 Successor Agcy-RANCHO/M ILL PROJECT AREA 358 PENS ION OBLIGATION DEBT SERV ICE 872 Succe ssor Agcy-RANCHO/MILL DEBT SERV ICE 359 CORP YARD DEBT SERV ICE 873 Successor Agcy-RDA II PROJECT FUND 363 1978-2 ASSESSMENT DIST . 874 Housing Auth - LOW/MOD DEBT SERV ICE 364 WATER IMPRVMNT DIST A 875 Housing Auth - LOW/MOD BOND PROCEEDS 379 AD 1979-1 DEBT SERV ICE 876 Successor Agcy-SANTA ANA RIV BND PROCEED 427 AD 94-1 CONSTRUCT ION 877 Successor Agcy-SANTA ANA RIVER CIP 450 Capita l Improvement Project s 878 RDA FIXED ASSETS GROUP 451 Colton Crossing Fund 879 Successor Agcy-WEST VALLEY CIP 453 STREET IMPROVEMENTS PRGM 881 Successor Agcy-MT VERNON BOND PROCEEDS 457 CAP ITAL IMPROVEMENT 882 Successo r Agcy-MT VERNON CIP 469 EQU IPMENT REPLACEMENT 885 Successor Agcy -MT VERNON DEBT SERV ICE 520 ELECTR IC UTILITY 886 RDA ADM INISTRAT ION
521 WATER UTILITY 887 COOLEY RANCH - now 894
522 WAS TEWATER UTILITY 888 MT VERNON - now 882
523 SOLID WASTE 889 WEST VALLEY - now 879
524 CEMETERY 890 Successor Agcy-RDA - LONG TERM DEBT GRP 525 RECYCLING 891 Successo r Agcy-RDA I DEBT SERV ICE FUND 526 PUBLIC BENEFIT FUND 892 Successor Agcy-RDA I - CAP ITAL PROJECTS 527 WASTEWATER UTILITY - GRAND TERRACE 893 Successor Agcy -RDA II DEBT SERV ICE FUND 551 WATER DEVELOPMENT 894 Successor Agcy -COOLEY RANCH PRO JECT 552 SEWER DEVELOPMENT 895 Successor Agcy-COOLEY RANCH DEBT SERV 560 CEMETARY ENDOWMENT CARE 896 SANTA ANA RIVER - now 877 605 Facility & Equipment Maintenance Fund 897 Successor Agcy-SANTA ANA RIVER DEBT SVC 606 INFORMATION SERV ICES FUND 898 Housing Auth - LOW/MOD CAPITAL PROJECTS 607 INSURANCE FUND 899 Successor Agcy-WEST VALLEY PRJ - DBT SV 608 AUTOMOT IVE SHOP 941 GENERAL LONG -TERM DEBT
610 AUTOMOT IVE SHOPS 958 GENERAL FIXED ASSETS
990 GASB 34
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ITEM NO. 4
STAFF REPORT
DATE: OCTOBER 3, 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 EASEMENT FOR LA LOMA RESERVOIR.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
It is recommended that the City Council approve the recordation of a grant of easement and quitclaim deed for water reservoir access road purposes from Medco LLC, located a t 320 W Tropicana Rancho Road CA 92324 (Assessor’s Parcel No. 0163-351-31).
BACKGROUND
A construction of a second 3MG reservoir at La Loma Reservoir Site was proposed, pursuant to the City of Colton Water Facilities Master Plans (1998 and 2015) and the City of Colton General Plan (1987), to meet a portion of the City’s anticipated water storage and supply demand requirements over the next ten to twenty years.
ISSUES/ANALYSIS
The project scope involves construction of 3MG steel tank including the recons truction of the access road from Tropica Rancho Road to the reservoir site. The project requires utilities easement dedication for the re-alignment of the access road.
As recorded by the County of San Bernardino, certain utility access and right -of-way easements were granted to the City of Colton by the Parcel Map No. 18795 , recorded July 31, 2009 as Instrument No. 80-236543 (see Exhibit A). Certain portions of Lot 8 are where the easements are located. The proposed easement is intended to correct the le gal description to reflect the actual location of the proposed road. In addition, the City no longer needs a 15 foot wide ingress and 4 Packet Pg. 118
Staff Report to the Mayor and City Council
Easement - La Loma Reservoir Site
October 3, 2023
egress easement, and the property owner is requesting the City to eliminate and quitclaim this easement to Medco LLC, the current property owner.
FISCAL IMPACTS
There is n o financial impact for this action. The preparation of easement and quitclaim deed documents is part of the Krieger and Stewart’s engineering services contract.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A - Parcel Map 18795
2. Exhibit B – Grant of Easement Legal Description and Plot Plan
3. Exhibit C – Quitclaim Deed
4 Packet Pg. 119
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4.b
Packet Pg. 122
Attachment: Exhibit B – Grant of Easement Legal Description and Plot Plan (4209 : Easement - La Loma Reservoir Site)
4.b
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Attachment: Exhibit B – Grant of Easement Legal Description and Plot Plan (4209 : Easement - La Loma Reservoir Site)
4.b
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Attachment: Exhibit B – Grant of Easement Legal Description and Plot Plan (4209 : Easement - La Loma Reservoir Site)
4.c
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Attachment: Exhibit C – Quitclaim Deed (4209 : Easement - La Loma Reservoir Site)
ITEM NO. 5
STAFF REPORT
DATE: OCTOBER 3, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TIM HEUSTERBERG, ACTING CHIEF OF POLICE
SUBJECT: APPROVE PURCHASE OF 5 PATROL VEHICLES FOR THE POLICE DEPARTMENT FROM ELK GROVE AUTO GROUP.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve the purchase of five ( 5) Dodge Durango’s for our patrol fleet from Elk Grove Auto Group for $272,500.
BACKGROUND
On June 6, 2023, C ity Council authorized the purchase of ten (10) Police Patrol Vehicles from Sourcewell Purchasing Agreement RFP -091521, utilizing available funds from FY22/23 and FY23/24.
During FY22/23, the window to purchase patrol vehicles from Ford was missed due to an extremely short window (approximately two (2) weeks). It was anticipated that the order window from Ford would open in August or September 2023 and ten (10) Ford Explorer’s would be ordered. On August 21, 202 3, the Police Department received an email fr om the Government Sales Regional Manager at Ford , stating there will not be any production of the Ford Explorer Interceptors until 2024, with an anticipated delivery date of 2025.
Because of the delay in procurement of Ford Police Vehicles, s taff explore d patrol vehicle purchasing options. One option is to purchase Dodge Durango’s Police Package SUVs for patrol. While the police department has not traditionally used Dodge Durango’s, we have maintained Dodge Chargers in the patrol fleet and Dodge Durangos are commonly used for law enforcement patrol duty.
5 Packet Pg. 126
Staff Report to the Mayor and City Council
Purchase - Elk Grove Auto Group
October 3, 2023
ISSUES/ANALYSIS
The San Bernardino County Sheriff’s Department advised that they had ordered an excess of Dodge Durangos and the vehicles were available for purchase . There are currently five (5) available Dodge Durangos being manufactured and available for delivery around the middle to end of October. The price per Durango is $54, 500 (or a total of $272, 500). San Bernardino County ordered the vehicles from Elk Grove Auto Group, t hrough the State of Cal ifornia Multiple Award Schedule (CMAS) Contract #1-22-23-23A-I.
The City will also purchase the vehicles from Elk Grove Auto Group, through the CMAS Contract # 1-22-23-23A-I. Section 3.08.140(C) of the City’s Purchasing Ordinance allows the City to enter i nto agreements with other agencies for the purchase of supplies, services, and equipment. In such instances, waives the competitive bidding requirement, either formal or informal, for non -public projects when it has been determined that a competitive bid p rocedure has been conducted by another public agency, and the price to the City is equal to or better than the price to the public agency.
FISCAL IMPACTS
The budget for the City of Colton for the Fiscal Year commencing July 1, 2023 , and ending June 30, 2024 , was approved, and adopted. Currently sufficient appropriations are available in General Fund Police Administration Automobile Account #100-6070-6071-4910-0000-000.
ALTERNATIVES
Provide alternative direction to staff.
ATTACHMENT
1. Contract User Instructions Vans SUVs Supplement 11
2. Email from Ford
3. Elk Grove Vehicle Quote
5 Packet Pg. 127
Department of General Services
Procurement Division
707 Third Street, 2nd Floor
West Sacramento, CA 95605-2811
State of California
STATEWIDE CONTRACT
USER INSTRUCTIONS
All changes to most recent Supplem ent are in bold red italic. Additi ons ar e enclosed in asterisks, *, and deleti ons are enclosed in br ackets, [].
MANDATORY
*Supplement 11*
*(Incorporates Supplements 1 – 11)*
ISSUE AND EFFECTIVE DATE: *08/31/2023*
CONTRACT NUMBER: 1-22-23-23 A through I
DESCRIPTION: Fleet Vehicles – Vans & SUVs
CONTRACTOR(S): Lithia Nissan of Fresno (1-22-23-23A)
Ocean Honda (1-22-23-23B)
Freeway Toyota (1-22-23-23C)
Winner Chevrolet (1-22-23-23D)
Elk Grove Auto (1-22-23-23E)
Downtown Ford (1-22-23-23F)
Watsonville Fleet Group (1-22-23-23G)
US Fleet Source (1-22-23-23H)
CA Car Group (1-22-23-23I)
CONTRACT TERM: 05/01/2022 through 04/30/2025
STATE CONTRACT ADMINISTRATOR: Frank Martin
279-946-8035
[email protected]
The contract user instructions, products, and pricing are included herein. All purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions:
Non-IT General Provisions (rev 11/19/2021) (https://www.dgs.ca.gov/- /media/199A6A32E4DE4BECAFF4EFA7194350CD.ashx)
Cal eProcure link: www.caleprocure.ca.gov
5.a
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Attachment: Contract User Instructions Vans SUVs Supplement 11 (4225 : Purchase - Elk Grove Auto Group)
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 A-I
Contract User Instructions, *Supplement 11*
Contract 1-22-23-23 A-I Page 2 *08/31/2023*
User Instructions
All changes to most recent Supplement are in bold red italic. Additions are enclosed in asterisks; deletions are enclosed in brackets.
SUMMARY OF CHANGES
Supplement
Number Description/Articles Supplement
Date
*11* ➢ *Attachment A – Contract Pricing –
Supplement 10 has been replaced with
Attachment A – Contract Pricing –
Supplement 11*
*8/31/2023*
10 ➢ Attachment A – Contract Pricing –
Supplement 8 has been replaced with
Attachment A – Contract Pricing –
Supplement 10.
8/24/2023
9 ➢ Update State Contract Administrator
information. 08/04/2023
8 ➢ Attachment A – Contract Pricing –
Supplement 7 has been replaced with
Attachment A – Contract Pricing –
Supplement 8
07/28/2023
7 ➢ Attachment A – Contract Pricing –
Supplement 6 has been replaced with
Attachment A – Contract Pricing –
Supplement 7
➢ Downtown Ford’s email address has been
updated
06/16/2023
6 ➢ Attachment A – Contract Pricing –
Supplement 5 has been replaced with
Attachment A – Contract Pricing –
Supplement 6
01/23/2023
5 ➢ Attachment A – Contract Pricing –
Supplement 4 has been replaced with
Attachment A – Contract Pricing –
Supplement 5
12/06/2022
4 ➢ Attachment A – Contract Pricing –
Supplement 3 has been replaced with
Attachment A – Contract Pricing –
Supplement 4
11/04/2022
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Attachment: Contract User Instructions Vans SUVs Supplement 11 (4225 : Purchase - Elk Grove Auto Group)
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 A-I
Contract User Instructions, *Supplement 11*
Contract 1-22-23-23 A-I Page 3 *08/31/2023*
User Instructions
3 ➢ Attachment A – Contract Pricing –
Supplement 2 has been replaced with
Attachment A – Contract Pricing –
Supplement 3
➢ Contact Information for Downtown Ford
has been updated
09/19/2022
2 ➢ Attachment A – Contract Pricing –
Supplemetn 1 has been replaced with
Attachment A – Contract Pricing –
Supplement 2
08/16/2022
1 ➢ Attachment A – Contract Pricing has been
replaced with Attachment A – Contract
Pricing – Supplement 1
➢ Attachment D – Vehicle Specifications has
been added
➢ Article 25 – Payments, language has been
modified
05/26/2022
N/A Original Contract Posted 05/01/2022
All other terms and conditions remain the same.
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Attachment: Contract User Instructions Vans SUVs Supplement 11 (4225 : Purchase - Elk Grove Auto Group)
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 A-I
Contract User Instructions, *Supplement 11*
Contract 1-22-23-23 A-I Page 4 *08/31/2023*
User Instructions
5.a
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Attachment: Contract User Instructions Vans SUVs Supplement 11 (4225 : Purchase - Elk Grove Auto Group)
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 A-I
Contract User Instructions, *Supplement 11*
Contract 1-22-23-23 A-I Page 5 *08/31/2023*
User Instructions
5.a
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Attachment: Contract User Instructions Vans SUVs Supplement 11 (4225 : Purchase - Elk Grove Auto Group)
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 A-I
Contract User Instructions, *Supplement 11*
Contract 1-22-23-23 A-I Page 6 *08/31/2023*
User Instructions
SCOPE
The State’s contracts provide Fleet Vehicles - Vans & SUVs at contracted pricing to the State of California and local governmental agencies in accordance with the requirements of Contract # 1-22-23-23 A - I. The contractors shall supply the entire portfolio of products as identified in the contract and will be the primary point of contact for data collection, reporting, and distribution of Fleet Vehicles - Vans & SUVs to the State.
The contract term is for three (3) years with an option to extend the contract for two (2) additional one (1) year periods or portion thereof. The terms, conditions, and prices for the contract extension option shall be by mutual agreement between the contractor and the State. If a mutual agreement cannot be met the contract may be terminated at the end of the current contract term.
CONTRACT USAGE/RULES
A. State Departments
• The use of this contract is mandatory for State of California departments. State Departments may purchase any vehicle that is awarded to each line item. This contract does not include ranking.
• State departments must adhere to all applicable State laws, regulations, policies, best practices, and purchasing authority requirements, e.g. California Codes, Code of Regulations, State Administrative Manual, Management Memos, and State Contracting Manual Volume 2 and SCM-F as applicable. • Prior to placing orders against this contract, State departments must have been granted non-IT purchasing authority by the Department of General Services, Procurement Division (DGS-PD) for the use of this statewide contract. State departments that have not been granted purchasing authority by DGS-PD for the use of the State’s statewide contracts may contact DGS-PD’s Purchasing Authority Management Section by e-mail at [email protected].
• Departments must have a Department of General Services (DGS) agency billing code prior to placing orders against this contract. Ordering departments may contact their Purchasing Authority contact or their department’s fiscal office to obtain this information.
B. Local Governmental Agencies
• Local governmental agency use of this contract is optional. • Local government agencies are defined as “any city, county, city and county, district or other governmental body or corporation”, per Public Contract Code Chapter 2, Section 10298 (b), empowered to expend public funds for the acquisition of products; this includes the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges. While the State makes this contract available to local governmental agencies, each local
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Attachment: Contract User Instructions Vans SUVs Supplement 11 (4225 : Purchase - Elk Grove Auto Group)
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 A-I
Contract User Instructions, *Supplement 11*
Contract 1-22-23-23 A-I Page 7 *08/31/2023*
User Instructions
governmental agency should determine whether this contract is consistent with its procurement policies and regulations.
• Local governmental agencies shall have the same rights and privileges as the State under the terms of this contract. Any agencies desiring to participate shall be required to adhere to the same responsibilities as do State agencies and have no authority to amend, modify or change any condition of the contract. • A DGS issued billing code is not required for local governmental agencies to place orders against this contract.
C. Unless otherwise specified within this document, the term “ordering agencies” will refer to all State departments and/or local governmental agencies eligible to utilize this contract. Ordering and/or usage instructions exclusive to State departments or local governmental agencies shall be identified within each article.
DGS ADMINISTRATIVE FEES
A. State Departments
The DGS will bill each State department an administrative fee for use of this statewide contract. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS.
Current fees are available online in the Price Book & Directory of Services (https://www.dgs.ca.gov/OFS/Price-Book) (go to Price Book Download and click on Purchasing under Procurement Division).
B. Local Governmental Agencies
For all local government agency transactions issued against the contract, the Contractor is required to remit the DGS-PD an Incentive Fee of an amount equal to
1.25% of the total purchase order amount excluding taxes and freight. This Incentive Fee shall not be included in the agency’s purchase price, nor invoiced or charged to the purchasing entity. All prices quoted to local governmental agency customers shall reflect State contract pricing, including any and all applicable discounts, and shall include no other add-on fees.
SB/DVBE OFF-RAMP PROVISION
There is no SB/DVBE off ramp associated with this contract.
PROBLEM RESOLUTION/SUPPLIER PERFORMANCE
Ordering agencies and/or Contractor shall inform the State Contract Administrator of any technical or contractual difficulties encountered during contract performance in a timely manner. This includes and is not limited to informal disputes, supplier performance, outstanding deliveries, etc. The ordering agency should include all relevant information and/or documentation (e.g., purchase documents).
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Attachment: Contract User Instructions Vans SUVs Supplement 11 (4225 : Purchase - Elk Grove Auto Group)
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 A-I
Contract User Instructions, *Supplement 11*
Contract 1-22-23-23 A-I Page 8 *08/31/2023*
User Instructions
CONTRACT ITEMS
Contract vehicles and pricing are listed on Attachment A, Contract Pricing. All prices listed shall be fixed as the maximum cost for the contract period unless a price increase is granted.
Each line item description on Attachment A, Contract Pricing, provides a description of the minimum requirements that each vehicle in that line item has met or exceeded.
A Maintenance Plan is offered on all light duty vehicles less than 8500 lbs Gross Vehicle Weight Rating (GVWR). Maintenance Plan pricing is listed on Attachment A, Contract Pricing. The purchase of the Maintenance Plan is optional. See Article 29, Maintenance Plan for more detailed information.
Price Increases
Price increases may be requested with each model year change and will be posted on a quarterly basis.
Quarterly Increases shall be processed on the following calendar days:
• July 1st
• October 1st
• January 1st
• April 1st
Contractors are requested to price protect the contracted price for the duration between the price increase request and the time the increase is processed. If the Contractor is unable to honor the price protection, the Contractor’s vehicle(s) will be unavailable for ordering until the price increases have been evaluated and approved.
Multiple Award
Some line items may have multiple vehicles awarded with different make and models available. State Departments may choose any vehicle identified in the subject line item.
There is no vehicle ranking associated with this contract.
Sales Tax
The sales tax rate applied should be based on the rate of the “Bill To” address listed on the Purchase Order.
Options
All factory options shall be available and priced at Contractor cost plus up to 10% for an addition or Contractor cost minus up to 10% for a deletion in accordance with the manufacturer’s current model year price list. Types of equipment changes which might be made include, but are not limited, to the following:
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Attachment: Contract User Instructions Vans SUVs Supplement 11 (4225 : Purchase - Elk Grove Auto Group)
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 A-I
Contract User Instructions, *Supplement 11*
Contract 1-22-23-23 A-I Page 9 *08/31/2023*
User Instructions
• Add trailer tow package
• Add Bluetooth
• Add parking sensors
• Delete pick up box (bed)
In no case shall options be included or deleted in such a manner as t o cause the vehicle to conflict with any other line item on any other vehicle contract.
The Contractor shall provide ordering agencies a copy of the current model year factory price sheet with requested options, within ten calendar days of request.
Third-party upfitting (e.g utility body) may be requested by ordering agencies, however, this service is non -mandatory. When applicable, third -party upfits shall be subject to the same pricing provisions as factory options.
Note: Vehicles with added or delete d options MUST continue to meet the appropriate minimum specification.
Tire Fee
Purchase orders MUST include the State mandated $1.75 per tire fee.
Document Processing Charge
In accordance with the California Vehicle Code Section 4456.5, a Contractor may charge the ordering agency a document processing charge for the preparation and processing of documents, disclosures, titling, registration, and information security obligations imposed by state and federal law. The document processing charge shall not exceed $85 per vehicle purchased.
A Contractor may charge the ordering agency an electronic filing fee, which does not exceed the actual amount the Contractor is charged by a first-line service provider. The electronic filing fee shall not exceed $30 per vehicle purchased.
SPECIFICATIONS
All products must conform to the attached State of California Bid Specification Number 2310- 4181 dated 08/16/2021 (Attachment B).
Vehicle color shall be a solar reflective color (white, silver metallic, or gold metallic) per SAM Section 3620.1 (exceptions are listed in the same manual section).
CUSTOMER SERVICE
The Contractor shall provide office and personnel resources for responding to inquiries, including telephone and email coverage weekdays during the hours of 8:00 a.m. - 5:00 p.m., PT.
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Attachment: Contract User Instructions Vans SUVs Supplement 11 (4225 : Purchase - Elk Grove Auto Group)
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 A-I
Contract User Instructions, *Supplement 11*
Contract 1-22-23-23 A-I Page 10 *08/31/2023*
User Instructions
The customer service unit shall be staffed with individuals that:
• Are trained in the requirements of this contract
• Have the authority to take administrative action to correct problems that may occur The Contractor’s customer service unit shall respond to all customer inquiries within two (2) business days of initial contact.
Dealer Contract # Contact Phone Email
Lithia Nissan
of Fresno
1-22-23-
23A Pat Ireland
(559)
707-
5735
[email protected]
Ocean
Honda
1-22-23-
23B Pat Ireland
(559)
707-
5735
[email protected]
Freeway
Toyota of
Hanford
1-22-23-
23C Pat Ireland
(559)
707-
5735
[email protected]
Winner
Chevrolet
1-22-23-
23D
Jerry
Powers
(916)
426-
5752
[email protected]
Elk Grove
Auto
1-22-23-
23E
Jerry
Powers
(916)
426-
5752
[email protected]
Downtown
Ford Sales
1-22-23-
23F
Sandra
Scott
(916)
442-
9631
[email protected]
Watsonville
Fleet Group
1-22-23-
23G
Yesenia
Covarrubias
(626)
457-
5590
[email protected]
US Fleet
Source
1-22-23-
23H Lisa Molino
(626)
344-
4285
[email protected]
CA Car
Group 1-22-23-23I Richard M.
Slad
(925)
560-
4465
[email protected]
Note: Ordering agencies are encouraged to have one point of contact for inquiries, quotes, and orders whenever possible. Multiple calls and emails from various requestors for the same information can slow customer service response times.
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Attachment: Contract User Instructions Vans SUVs Supplement 11 (4225 : Purchase - Elk Grove Auto Group)
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 A-I
Contract User Instructions, *Supplement 11*
Contract 1-22-23-23 A-I Page 11 *08/31/2023*
User Instructions
PRODUCT SUBSTITUTIONS
Under no circumstance is the Contractor permitted to make substitutions with non- contract/unauthorized vehicles without approval of the DGS Contract Administrator (CA).
PURCHASE EXECUTION
A. State Departments
1) Std. 65 Purchase Documents
State departments not transacting in FI$CAL must use the Purchasing Authority Purchase Order (Std. 65) for purchase execution. An electronic version of the Std. 65 is available at the Office of State Publishing web site:
https://www.dgsapps.dgs.ca.gov/osp/StatewideFormsWeb/Forms.aspx (select Standard Forms).
All Purchasing Authority Purchase Orders (Std. 65) must contain the following:
• Agency Order Number (Purchase Order Number)
• Ordering Agency Name
• Agency Billing Code
• Purchasing Authority Number
• Leveraged Procurement Number (Contract Number)
• Supplier Information (Contact Name, Address, Phone Number, Fax Number, E-mail)
• Line Item number
• Quantity
• Unit of Measure
• Commodity Code Number
• Product Description
• Unit Price
• Extension Price
• Office of Fleet and Asset Management (OFAM) Approval Stamp (State departments only)
2) FI$CAL Purchase Documents
State departments transacting in FI$CAL will follow the FI$CAL procurement an d contracting procedures.
3) Blanket Orders
The use of blanket orders against this statewide contract is not allowed.
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Attachment: Contract User Instructions Vans SUVs Supplement 11 (4225 : Purchase - Elk Grove Auto Group)
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 A-I
Contract User Instructions, *Supplement 11*
Contract 1-22-23-23 A-I Page 12 *08/31/2023*
User Instructions
B. Local Governmental Agencies
Local governmental agencies may use their own purchase document for purchase execution. The purchase documents must include the same data elements as listed above (Exception: Purchasing Authority Number is used by State departments only).
MINIMUM ORDER
The minimum order shall be one (1) vehicle.
ORDERING PROCEDURE
A. Ordering Methods:
Ordering agencies are to submit appropriate purchase documents directly to the contractor(s) via one of the following ordering methods:
• U.S. Mail
• Facsimile
• Email
The contractor’s Order Placement Information is as follows:
ORDER PLACEMENT INFORMATION
Contract #
1-22-23-
23A
U.S. Mail:
Lithia Nissan of Fresno
5590 N Blackstone
Ave
Fresno, CA 93710
Attn: Pat Ireland
Facsimile:
(559) 961 -
4601
Email:
[email protected]
Contract #
1-22-23-
23B
U.S. Mail:
Ocean Honda
3801 Soquel Dr
Soquel, CA 95073
Attn: Pat Ireland
Facsimile:
(559) 961 -
4601
Email:
[email protected]
Contract #
1-22-23-
23C
U.S. Mail:
Freeway Toyota
1835 Glendale Avenue
Hanford, CA 93230
Attn: Pat Ireland
Facsimile:
(559) 961 -
4601
Email:
[email protected]
Contract #
1-22-23-
23D
U.S. Mail:
Winner Chevrolet
8575 Laguna Grove
Drive
Elk Grove, CA 95757
Facsimile:
(916) 421-
0149
Email:
[email protected]
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Attachment: Contract User Instructions Vans SUVs Supplement 11 (4225 : Purchase - Elk Grove Auto Group)
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 A-I
Contract User Instructions, *Supplement 11*
Contract 1-22-23-23 A-I Page 13 *08/31/2023*
User Instructions
Attn: Jerry Powers
Contract #
1-22-23-
23E
U.S. Mail:
Elk Grove Auto Group
8575 Laguna Grove
Drive
Elk Grove, CA 95757
Attn: Jerry Powers
Facsimile:
(916) 421-
0149
Email:
[email protected]
Contract #
1-22-23-
23F
U.S. Mail:
Downtown Ford Sales
525 N 16th St
Sacramento, CA
95811
Attn: Sandra Scott
Facsimile:
(916) 491-
3138
Email:
[email protected]
Contract #
1-22-23-
23G
U.S. Mail:
Watsonville Fleet
Group
1601 W. Main Street
Alhambra, CA 91801
Attn: Yesenia
Covarrubias
Facsimile:
(626) 457-
5593
Email:
[email protected]
Contract #
1-22-23-
23H
U.S. Mail:
US Fleet Source
979 S. Village Oaks
Drive
Covina, Ca 91724
Facsimile:
(626) 228-
3077
Email: [email protected]
Contract #
1-22-23-23I
U.S. Mail:
CA Car Group
4200 John Monego Ct
Dublin, CA 94568
Attn: Richard M. Slade
Facsimile:
N/A
Email:
When using any of the ordering methods specified above, all State departments must conform to proper State procedures.
ORDER ACCEPTANCE
The Contractor shall accept orders from any State department or local governmental agency. The Contractor shall not accept purchase documents for this contract that:
• Are incomplete;
• Are submitted without OFAM approval stamp
• Contain non-contract items; or
• Contain non-contract terms and conditions.
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STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 A-I
Contract User Instructions, *Supplement 11*
Contract 1-22-23-23 A-I Page 14 *08/31/2023*
User Instructions
The Contractor must not refuse to accept orders from any State department or local governmental agency for any other reason without written authorization from the CA.
ORDER ACKNOWLEDMENT
The Contractor will provide the ordering agencies with an order receipt acknowledgment via e-mail/facsimile within ten (10) calendar days after receipt of an order. The acknowledgement will include:
• Ordering Agency Name
• Agency Order Number (Purchase Order Number)
• Description of Goods
• Vehicle Model Year
• Total Cost
• Date order is placed with manufacturer
• Anticipated Delivery Date
• Delayed Production Notification (if applicable)
• Discontinued Vehicle Notification (if applicable)
Contractor shall notify the ordering agency of any delays in production or delays in orders being accepted by the manufacturer for any period of time. Contractor shall provide estimated production start date and delivery date.
DELAYED PRODUCTION REMEDY
Upon receipt of order acknowledgment identifying a delay in production or orders not being accepted by the manufacturer, the ordering agencies shall have the following options:
• Request back order; or
• Cancel the item from the order with no penalty
DISCONTINUED VEHICLE REMEDY
Upon receipt of order acknowledgment identifying discontinued items, the ordering agencies shall have the following options:
• Amend purchase document to reflect DGS approved replacement vehicle; or • Cancel the item from the order
Under no circumstance is the Contractor permitted to make substitutions with non- contract/unauthorized vehicles without approval of the DGS CA.
DELIVERY PROCEDURES
Pre-Delivery Checklist
Prior to delivery, each vehicle shall be completely inspected, serviced , and detailed by the delivering Contractor and/or the manufacturer’s pre-delivery service center. A copy of the
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STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 A-I
Contract User Instructions, *Supplement 11*
Contract 1-22-23-23 A-I Page 15 *08/31/2023*
User Instructions
pre-delivery checklist shall be completed for each vehicle, signed by a representative of the organization performing the inspection/service, and delivered with the vehicle.
Delivery:
Delivery shall be within one hundred and fifty (150) days after receipt of order unless there is a delay in production/order acceptance from the manufacturer when changing from one model year to the next. Contractor shall notify the ordering agency of such delay per Article 14, Order Acknowledgement.
Orders requiring customized work by a 3rd party supplier may exceed the delivery period requirement. Contractor shall notify ordering agency of extended delivery period per Article 14, Order Acknowledgement.
Caravan or drive-away method of delivery from the factory to a Contractor is not acceptable unless agreed upon by the ordering agency.
Drop ship deliveries shall not be made without prior State inspection. All vehicles shall be delivered with no less than five (5) gallons of fuel in the tank.
Unless pre-arranged between the Contractor and the ordering agency, vehicles delivered with more than 50 miles on the odometer may be charged fifty (50) cents per mile in excess of 50 miles. This charge may be reflected on the invoice as a deduction from the order price. Vehicles with more than five hundred (500) miles on the odometer may not be accepted.
**Cab and Chassis trucks may require driving from an out-of-state factory and may exceed the five hundred (500) mile or less expectation. The Contractor shall notify the ordering Department at the time of purchase order execution.
When feasible, Contractor is requested to make deliveries in metropolitan areas during off-peak hours. Off-peak hours are Monday through Friday, 10:00 AM to 4:00 PM PST.
Documents
The following documents shall be delivered to the receiving agency with the vehicle:
• Completed and signed pre -delivery service checklist, including the order number and Vehicle Identification Number (VIN)
• “Line Set Tickets” or “Window (Monroney) Sticker” showing all options installed • One (1) copy of the warranty, including applicable certificates, cards, etc. • One (1) copy of the owner’s manual.
INSPECTION AND ACCEPTANCE
Vehicles ordered for State use will be inspected by a State inspector at the Contractor’s place of business or as otherwise agreed to by the Contractor and ordering agency.
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STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 A-I
Contract User Instructions, *Supplement 11*
Contract 1-22-23-23 A-I Page 16 *08/31/2023*
User Instructions
Inspection will commence within five (5) working days of notification that a vehicl e is ready for inspection. Inspection will include:
• Specification Compliance
• Workmanship
• Appearance
• Proper Operation of all Equipment and Systems
• Presence of all Applicable Documents
In the event deficiencies are detected, the vehicle will be rejected and the Contractor will be required to make the necessary repairs, adjustments or replacements. Payment and/or the commencement of a discount period (if applicable) will not begin until the defects are corrected and the vehicle is re-inspected and accepted.
Completion of inspection or acceptance by the State inspector shall in no way release the Contractor from satisfying the requirements of the contract, specifications, and warranty.
Deviations from the specified requirements that are detected by the inspe ction shall be corrected by the Contractor in an expeditious manner at no expense to the ordering agency.
Inspection by local agencies will be at the Contractor’s place of business or as otherwise agreed to by the Contractor and local agency.
EMERGENCY/EXPEDITED ORDERS
Not Applicable.
FREE ON BOARD (F.O.B.) DESTINATION
Contractors shall deliver vehicles to State or local agencies located in Sacramento County at no additional cost for delivery. If the Purchase Order indicates delivery outside Sacramento County, the Contractor and agency may negotiate delivery costs. If delivery is subject to an additional delivery charge, it shall be shown as a separate item on the purchase order and invoice.
State departments requesting delivery outside of Sacramento County must contact the Transportation Management Unit for freight rate comparisons to confirm appropriate pricing if the Contractor is delivering the vehicle.
Responsibility and liability for loss or damage for all orders shall remain with the Contractor until final inspection and acceptance, when all responsibility shall pass to the ordering agency, except the responsibility for latent defects, fraud, and the warranty obligations.
SHIPPED ORDERS
All shipments shall be in accordance with the General Provisions, Article 12 entitled “Packing and Shipment”.
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STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 A-I
Contract User Instructions, *Supplement 11*
Contract 1-22-23-23 A-I Page 17 *08/31/2023*
User Instructions
CONTRACT ADMINISTRATION
The State and the Contractors have assigned Contract Administrators as the single points of contact for problem resolution and related contract issues.
State Contact
Information DGS/PD Contract Administrator
Contact Name: Frank Martin
Telephone: (279) 946-8035
Facsimile: NA
Email: [email protected]
Address: DGS/Procurement Division
Attn: Frank Martin
707 Third Street, 2nd Floor, MS 201
West Sacramento, CA 95605
Dealer
Contact
Information
Lithia Nissan of Fresno
Contract # 1-22-23-23A
Ocean Honda
Contract # 1-22-23-23B
Contact
Name:
Pat Ireland Pat Ireland
Telephone: (559) 707-5735 (559) 707-5735
Facsimile: (559) 961-4601 (559) 961-4601
Email: [email protected] [email protected] Address: Lithia Nissan of Fresno
5590 N Blackstone Ave
Fresno, CA 93710
Ocean Honda
3801 Soquel Dr
Soquel, CA 95073
Dealer
Contact
Information
Freeway Toyota of Hanford
Contract # 1-18-23-23C
Winner Chevrolet
Contract # 1-18-23-23D
Contact
Name:
Pat Ireland Jerry Powers
Telephone: (559) 707-5735 (916) 426-5752
Facsimile: (559) 961-4601 (916) 421-0149
Email: [email protected] [email protected]
Address: Freeway Toyota
1835 Glendale Avenue
Hanford, CA 93230
Winner Chevrolet
8575 Laguna Grove Drive
Elk Grove, CA 95757
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STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 A-I
Contract User Instructions, *Supplement 11*
Contract 1-22-23-23 A-I Page 18 *08/31/2023*
User Instructions
Dealer
Contact
Information
Elk Grove Auto Group
Contract # 1-22-23-23E
Downtown Ford Sales
Contract # 1-22-23-23F
Contact
Name:
Jerry Powers Sandra Scott
Telephone: (916) 426-5752 (916) 442-9631
Facsimile: (916) 421-0149 (916) 491-3138
Email: [email protected] [email protected] .com
Address: Elk Grove Auto Group
8575 Laguna Grove Dr
Elk Grove, CA 95757
Downtown Ford Sales
525 N 16th St
Sacramento, CA 95811
Dealer
Contact
Information
Watsonville Fleet Group
Contract # 1-22-23-23G
US Fleet Source
Contract # 1-22-23-23H
Contact
Name:
Yesenia Covarrubias Lisa Molino
Telephone: (626) 457-5590 (626) 344-4285
Facsimile: (626) 457-5593 (626) 416-3064
Email: [email protected] [email protected] Address: Watsonville Fleet Group
1601 W. Main Street
Alhambra, CA 91801
US Fleet Source
979 S. Village Oaks Drive
Covina, Ca 91724
Dealer
Contact
Information
CA Car Group
Contract # 1-22-23-23I
Contact
Name:
Richard M. Slade
Telephone: (925) 560-4465
Facsimile: N/A
Email: [email protected]
Address: CA Car Group
4200 John Monego Ct
Dublin, CA 94568
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Attachment: Contract User Instructions Vans SUVs Supplement 11 (4225 : Purchase - Elk Grove Auto Group)
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 A-I
Contract User Instructions, *Supplement 11*
Contract 1-22-23-23 A-I Page 19 *08/31/2023*
User Instructions
RESTOCKING FEES
The Contractor may impose a restocking fee to the ordering agency on orders cancelled after the order has been placed with the manufacturer: The Contractor shall notify the ordering agency of the order placement per Article 14, Order Acknowledgment.
Re-stocking fees can be no greater than ten percent (10%) of the value of the vehicle being restocked.
INVOICING
Ordering agencies may require separate invoicing, as specified by each ordering organization. Invoices will contain the following information:
• Contractor’s name, address and telephone number
• Leveraged Procurement Number (Contract Number)
• Agency Order Number (Purchase Order Number)
• Item and commodity code number
• Quantity purchased
• Contract price and extension
• State sales and/or use tax
• Prompt payment discounts/cash discounts, if applicable • Totals for each order
PAYMENT
A. Terms
Payment terms for contracts 1-22-23-23 A – G include a $500 per vehicle discount for payment made within twenty (20) days. Contracts 1-22-23-23 H & I offer no discount.
The cash discount time is defined by the State as beginning only after the vehicle has been inspected, delivered, and accepted by the receiving agency, or from the date a correct invoice is received in the office specified on the Purchase Order, whichever is later.
Payment is deemed to be made, for the purpose of earning the discount, one (1) working day after the date on the State warrant or check. Typically, acceptance will be accomplished within twenty (20) business hours after a vehicle is delivered.
Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927, et seq. Unless expressly exempted by statute, the Act requires State departments to pay properly submitted, undisputed invoices not more than forty-five (45) days after the date of acceptance of goods, performance of services, or receipt of an undisputed invoice, whichever is later.
B. CAL-Card Use
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STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 A-I
Contract User Instructions, *Supplement 11*
Contract 1-22-23-23 A-I Page 20 *08/31/2023*
User Instructions
Use of the CAL-Card for payment of invoices is not allowed under this statewide contract.
C. Payee Data Record
Each State accounting office must have a copy of the Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting office(s). Without the Std. 204, payment may be unnecessarily delayed. State departments may contact the Contractor for copies of the Payee Data Record.
D. State Financial Marketplace
The State reserves the right to select the form of payment for all procurements, be it either an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS $Mart and/or Lease $Mart). If payment is via the financial marketplace, the Contractor will invoice the State and the State will approve the invoice and the selected Lender/Lessor for all product listed on the State's procurement document will pay the Contractor on behalf of the State.
CALIFORNIA SELLER’S PERMIT
The California seller permit number for the Contractor is listed below. State departments can verify that permits are currently valid at the following website: www.cdtfa.ca.gov.
State departments must adhere to the file documentation required identified in the State Contracting Manual Volume 2 and Volume 3 and SCM-F.
Contractor Name Seller Permit #
Lithia Nissan of Fresno 97163762
Ocean Honda 101-652579
Freeway Toyota 102-659756
Winner Chevrolet 100-208309
Elk Grove Auto Group 100-197237
Downtown Ford Sales 28600344
Watsonville Fleet Group 245364864
101-135239
US Fleet Source 103-097044
CA Car Group 100-214737
WARRANTY
The manufacturer’s standard new vehicle warranty shall apply to all vehicles purchased from these contracts. All warranties shall be factory authorized. The warranty shall be honored by all franchised dealers of the vehicle within the State of California. The
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STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 A-I
Contract User Instructions, *Supplement 11*
Contract 1-22-23-23 A-I Page 21 *08/31/2023*
User Instructions
Warranty term for the vehicles offered under these contracts shall meet the following (as applicable):
• Bumper to bumper warranty shall cover not less than 3 years/36,000 miles, no charge for parts and labor.
• Power train warranty for light duty vehicles weighing 8500 lbs. GVWR or less shall cover not less than 5 years/100,000 miles, no charge for parts and labor. • Power train warranty for vehicles over 8500 lbs. GVWR shall cover not less than 5 years/60,000 miles, no charge for parts and labor.
The State’s established preventative maintenance procedures and practices shall be acceptable to the manufacturer/contractor in lieu of the manufacturer’s prescribed procedures which may form a part of the warranty.
All emission-related components shall be warranted in compliance with California Air Resources Board and Federal requirements. Contractor cannot offer independent insurance or statements indicating self insurance. If an additional extended warranty is purchased, a warranty certificate, warranty card, or a statement indicating the extended warranty has been recorded with the manufacturer shall be furnished with each vehicle delivered.
Normal wear items such as tires, belts, hoses, headlamps, light bulbs, brake linings, brake discs/drums, etc. are excluded from warranty coverage. All other items not subject to normal wear or gross operator neglect and abuse, such as window, seat, or wiper motors, chassis electrical switches (door, trunk lid), paint, hinges, locks, etc., shall be covered.
The State reserves the right to use re-refined lubrication oils, where available, in lieu of virgin equivalent oils. The re-refined oils used by the State will meet all API and SAE standards and specifications as set forth by the vehicle manufacturer. The use of said oils shall in no way void or degrade the original manufacturer’s standard warranty.
The State reserves the right to use recycled content antifreeze/coolant, where available, in lieu of virgin equivalent antifreeze/coolant when servicing its vehicles. The recycled content antifreeze/coolant used by the State will meet all ATSM standards and specifications as set forth by the vehicle manufacturer.
REPAIR PARTS
The manufacture of the awarded vehicle(s) should maintain an adequate stock of all regular and special parts to meet the continuing service and repair parts needs of the State without undue delay.
A special system shall be set up for expediting the procurement of back-order items needed to repair an inoperative vehicle including a system to air freight parts at factory
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STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 A-I
Contract User Instructions, *Supplement 11*
Contract 1-22-23-23 A-I Page 22 *08/31/2023*
User Instructions
expense when parts are not in stock in California parts depots. Parts must be available within three (3) working days after telephone notification.
Vehicles with new technology emerging into the industry (e.g., fuel cell vehicles) may require more than (3) working days for the availability of certain parts. Contractor must notify the State Contract Administrator and ordering agency when this occurs and provide the estimated date of availability.
MAINTENANCE PLAN
A maintenance plan is available for light duty vehicles under 8500 lbs. GVWR. The purchase of a maintenance plan is optional. The maintenance plan covers all regularly scheduled service for a minimum of five (5) years/75,000 miles. The maintenance shall include at a minimum all manufacturer recommended services such as, but not limited to:
• Oil changes;
• Filter changes;
• Fluid changes;
• Lubrications;
• Tire rotations;
• Equipment and safety inspections
The Maintenance Plan is not required to cover wear items such as brake pads/shoes, wiper blades, etc.
Purchase of the Maintenance Plan is non-mandatory for State departments.
The Maintenance Plan is not applicable to vehicles over 8,500 lbs. GVWR.
RECYCLED CONTENT
State departments are required to report purchases in many product categories. The Postconsumer-Content Certification Form (CIWMB 74) for the Contractor(s) is attached (Attachment C).
SB/DVBE PARTICIPATION
There is no Small Business (SB) or Disabled Veteran Business Enterprise (DVBE) participation for this contract.
STATE AND LOCAL GOVERNMENT EMPLOYEE PRICING
In the interest of expanding the California marketplace for Zero Emission Vehicles (ZEV), some Contractors have offered a discount to any interested State of California or local government employee when purchasing a ZEV for personal use. A list of participating Dealers and vehicles can be found at: https://www.dgs.ca.gov/PD/Resources/Page-
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STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 A-I
Contract User Instructions, *Supplement 11*
Contract 1-22-23-23 A-I Page 23 *08/31/2023*
User Instructions
Content/Procurement-Division-Resources-List-Folder/State-of-California-Green-Fleet- Employee-Pricing-Program
ATTACHMENTS
Attachment A – Contract Pricing *Supplement 11*
Attachment B – Specification 2310-4181, revised 08/16/2021 Attachment C – Postconsumer Content Certification Workbook Attachment D – Vehicle Specifications
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