Colton City Council
February 20, 2024

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, FEBRUARY 20, 2024 – 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 LABOR NEGOTIATORS
Agency Designated Representative: City Attorney
Unrepresented Employee - City Manager

CITY ATTORNEY ORAL REPORT ON CLOSED SESSION ACTIONS

RULES OF DECORUM

To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.

OPEN SESSION
6:00 P.M.

OPEN SESSION CALLED TO ORDER
INVOCATION Pastor Ruben Cimental - Sovereign Grace Impact Ministry FLAG SALUTE Veterans of Foreign Wars (VFW) Commander Bernie Moyeda

ROLL CALL

CEREMONIAL MATTERS
Presentations, Awards, Proclamations
 Recognition - Newly Appointed Deputy Fire Chief Ray Bruno  Presentation - San Bernardino Community College District  Proclamation - Deacon Mark Martinez

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 participan t in the proceeding shall disclose that fact either orally or in writing during open session. This disclosure shall be made part of the official public record of the proceeding, either as part of the minutes of the meeting or as a separate writing filed with the city. (CMC Section 2.04.030)

3 AB 1234 ORAL REPORTS
Members of the City Council shall provide brief reports on meetings attended at the expense of the city. (GC Section 53232.3(d))

APPOINTMENTS

MAYOR AND COUNCIL DISCUSSION ITEMS

PUBLIC HEARINGS
There are no Public Hearing items.

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) Solid Waste Contract Discussion - Solid Waste Contract Discussion. [Staff Person: Brian Dickinson]
PUBLIC COMMENT Limit 3 Minutes
This is the portion of the meeting specifically set aside to invite your comments reg arding Consent Calendar items and other general comments about matters not on the agenda; however, any matter that requires action will be referred to staff for investigation and report at a subsequent Council meeting. The Council is prohibited by law from discussing or taking immediate action on items during this public comment period.

Persons desiring to submit paperwork to the City Council Members shall provide copy of any paperwork 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 February 6, 2024, on file in the Office of the City Clerk.
[Staff Person: Stephanie M. Vargas]

4 (3) Warrants - Approve wires dated 12/31/2023 and totaling $280,357.45; voucher numbers 210232 to 210310 dated 01/18/2024 and totaling $2,778,365.05; voucher numbers 210311 to 210411 dated 01/25/2024 and totaling $546,550.75; voucher numbers 210412 to 210489 dated 01/29/2024 and totaling $84,312.07 and a payroll disbursement listing dated 11/25/2023 to 12/08/2023 and totaling $1,098,826.77.
[Staff Person: Stacey Dabbs]
(4) Agreement - Blais & Associates - Approve a Professional Services Agreement with Blais & Associates Grant Writing Services for Completion of Department of the Interior, Bureau of Reclamation Water Resources and Planning Office, Watersmart Water and Energy Efficiency Grant Program [Staff Person: Brian Dickinson]
(5) Agreement - Blais & Associates - Approve Agreement with Blais & Associates to Provide Grant Writing Services to the Community Services Department for San Bernardino County, Office of Homeless Services, Homeless Housing, Assistance, and Prevention Program Round 4 (HHAP-4). [Staff Person: Deb Farrar]
(6) Contract Change Order - Corona Coatings - Approval of Contract Change Order No. 1 for the FY 2022-2023 Citywide Roof Repair Project with Corona Coatings Corp. [Staff Person: Brian Dickinson]
(7) Colton Water Utilities Department Branding Project - Approve the Colton Water Utilities Department Updated Branding and Logo.
[Staff Person: Brian Dickinson]
(8) Contract Award - D.M. Contracting, Inc. - Authorize the Award of Contract to DM Contracting, Inc., for the FY 23/24 Citywide Sidewalk Repair Project, in the amount of $471,269.50. [Staff Person: Brian Dickinson]
(9) Contract Award - Legend Pump and Wells, Inc. - Approve a Contract Agreement with Legend Pump and Wells, Inc. for the Emergency Well 24 Rehabilitation Project. [Staff Person: Brian Dickinson]
(10) Contract Award - TKE Engineering Inc. - Approve Award of Contract to TKE Engineering Inc. for Engineering & Design Services for the Well 22 Rehabilitation and Site Improvement Project. [Staff Person: Brian Dickinson]
(11) Contract Award - Trussell Technologies - Approve Award of Contract to Trussell Technologies for the Lead Service Line Inventory Project.
[Staff Person: Brian Dickinson]
(12) Development Impact Fee Report - Annual & 5-Year - Approve the Annual and 5-Year Development Impact Fee Report for Fiscal Year Ending June 30, 2023.
[Staff Person: Brian Dickinson]
(13) Easement - Electric Utility - Approve the Recordation of Grant Easement for Electric Utility P urposes at 360 E. Valley Blvd.
[Staff Person: Charles Berry]
(14) JPA Amendment - SBCOG - Approve Amendment No. 4 to the Joint Powers Authority Agreement with the San Bernardino Council of Governments (SBCOG).
[Staff Person: Bill Smith]

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

CITY MANAGER'S REPORTS

ADJOURNMENT

6 I, Stephanie Vargas, the Deputy City Clerk, hereby certify that a true and correct, accurate copy of the foregoing agenda was posted , at least seventy-two (72) hours prior to the meeting per Government Code 54954(a), 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 extend or limit time as provided for in the City Council Manual of Procedure.

RULES OF DECORUM

To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by cou ncilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.

NOTICE TO PUBLIC

Staff reports or other written documentation relating to each item referred to, on the Agenda, are available for public inspection at the following locations: Office of the 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 concerni ng the nature of the item described on the Agenda. The City Clerk shall direct inquiries to the appropriate office.

All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.

7 In compliance wit h the American with Disabilities Act, if you need special assistance to participate in a City Meeting, please contact the City Clerk’s Office at 909 -370-5001. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

LEGAL CHALLENGES

If you challenge in court any discussion or action taken concerning an item on this Agenda, you may be limited to raising only those issues you or someone else raised during the meeting or in written correspondence delivered to the City at or prior to the City's consideration of the item at the meeting.

MANUAL OF PROCEDURE

The City Council adopted its Manual of Procedure pursuant to Resolution No. R-41-18. Copies are available in the Office of the City Clerk.

ITEM NO. 1

STAFF REPORT

DATE: FEBRUARY 20, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: SOLID WASTE CONTRACT DISCUSSION

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Receive presentation from CR&R

BACKGROUND

The City’s Solid Waste, Recyclables and Organic/Green Waste is currently collected and processed by CR&R Inc. under the existing Franchise Agreement which originated on or about May 16, 1996 with Taormina Industries. On or about February 16, 1997 , Taormina Industries was approved as a wholly owned subsidiary of Republic Services.

On or before March 7, 2017, the Franchise Agreement was assigned to CR&R Inc.

ISSUES/ANALYSIS

During the City Council meeting of August 15, 2023, CR&R Inc. made a presentation with three options for Contract enhancements in request for an extension to the existing Franchise Agreement, which expires June 30, 2026. Staff was direc ted to bring this back to a subsequent meeting for discussion.

During the September 19, 2023 City Council meeting , CR&R made an updated proposal. After thorough discussion, staff was directed to schedule a Workshop to further discuss CR&R’s Proposal Option #2.

1 Packet Pg. 8
Staff Report to the Mayor and City Council
Solid Waste Contract Discussion
February 20, 2024

During the Special Workshop of November 1, 2023, and after further discussion, City Council, asked CR&R to bring forth a final proposal for consideration. After receipt of this proposal from CR&R, this agenda item was scheduled , as directed. A copy of this presentation is included as part of this agenda item.

The updated presentation/proposal includes the following contract enhancements, in exchange for a contract extension of five years, and an additional five-year City option:

 Replace all exist ing 64-gallon residential carts with new 96 -gallon, SB-1383 compliant carts, with no additional cost to the residents. (Estimated $4.0 M investment by CR&R, which will not be included in rates).
 New Paper Shredding events.
 New License Plate reader installation at MRF Facility to assist Law Enforcement.  Implement new Host Fee on July 1, 2024, paid to City on a quarterly basis.  CR&R will provide residents with a free Sharp’s disposal program.  Full and early SB 1383 compliance, concerning carts.
 Begin Site Improvements at the MRF Facility, and expansion within 24 – 36 months ($12 - $15M investment)
 Impact Mitigation Fee - $250,000 payment for 5 -year extension , with an additional $250,000 payment if additional 5-year option extension is exercised.  Annual Community Contribution of $10,000 per year.
 Increase number of Community Clean up events from 2 per year to 4 per year with added car tire disposal.
 Increase the number of Residential curbside bulky item pick ups from 4 per year to 8 per year, with 4 items per pick up, or up to 32 items per year.  New Senior Rate Discount. Seniors will receive a 10% discount on their monthly rate when they apply and qualify for the discount.
 New low cost disposal rate for residents at the Colton Transfer Station. Was $3 minimum charge from up to 500 pounds, now $25 minimum charge for up to 1,000 pounds.  New graffiti mitigation language in contract.
 CR&R will provide annual funding for one full -time CSO. Colton CSO annual salary (Step A) at $45,500 per year.
 CR&R has proposed an addit ional option of a 10 – Year extension, if Council approves the proposed 10-year extension, CR&R, will extend the rate freeze to both residential and commercial rates through July 1, 2025.

Colton recently executed an MOU with San Bernardino County Public, Environmental Services Division, to conduct inspections of Commercial facilities for SB 1383 Edible Food Organics compliance and provide reporting, gather information/data from Food Recovery Organizations conduct education and outreach to commercial food generators.

1 Packet Pg. 9
Staff Report to the Mayor and City Council
Solid Waste Contract Discussion
February 20, 2024

Colton is in compliance with SB 1383 collection, reporting and education components. Staff recently conducted a random inspection of residential organics collection, and it was observed that there was organic food waste included, with very little non-organic material included.

FISCAL IMPACTS

CR&R estimates the City would receive an additional $100,000 in General Fund revenue for the Host City Fee , based on 48,508 tons at $ 2.00/ton for materials processed at their materials recovery facility, a $250,000 one-time payment for 5-year extension and an additional one-time payment of $250,000 if the City opts to extend for an additional 5 Years . Additionally, CR&R proposed an additional $10,000 annually as a community contribution . Finally, CR&R is proposing to waive the 8.7% CPI increase for residential accounts scheduled for July 1, 2024, which equates to $2.82 per month on a residential account. CR&R estimates this has a value to residential customers collectively of $798,509 per year, while also r equiring the City forfeit its FY2023-24 increase in Franchise Fees of an estimated $118,426 annually. At this time , it is unknown what the CPI increase will be for 2024/25.

ALTERNATIVES

1. If the City Council decides to continue under the existing contract through June 30, 2026, the allowed CPI increase for 2023/24 of 8.7% or $2.82/month will go into effect July 1, 2024, along with the 2024/25 allowed CPI increase, beginning July 1, 2024.

2. Provide alternative direction to staff.

ATTACHMENT

1. Colton Contract Presentation February 20 2024 (FINAL) (002) 1 Packet Pg. 10
City of Colton
Contract Enhancement Discussions
February 20, 2024
1 1.a
Packet Pg. 11
Attachment: Colton Contract Presentation February 20 2024 (FINAL) (002) (4281 : Solid Waste Contract • Update Status
• Road to Today
• Review Updated Proposal
• New Service Enhancements
• Benefits to Residents and Businesses
• Next Steps
• Council Direction
• Proposed return date
Agenda

1.a
Packet Pg. 12
Attachment: Colton Contract Presentation February 20 2024 (FINAL) (002) (4281 : Solid Waste Contract CR&R has proposed various improvements to the current
agreement between both parties.

We have been before Council on the following dates:
• Original Proposal – August 15, 2023
• Follow-up Proposal – September 19, 2023
• “Workshop” – November 1, 2023
Our Path to Today…

1.a
Packet Pg. 13
Attachment: Colton Contract Presentation February 20 2024 (FINAL) (002) (4281 : Solid Waste Contract All proposed Contract Enhancements are IN ADDITION to
current service offerings
• 33,000 New 96-gallon carts ($2.8m)
• Residential Rate Freeze ($4m savings)
• Add Paper Shredding Events
• Add In-Home Residential Sharps Program
• Add plate reader installation at new Facility to assist Law Enforcement
• Add Host Fee Agreement (New Fees paid to City on a
quarterly basis; no increase to Colton Residents or
businesses)
• CR&R site improvements (Increase Prop Tax)
• Choice of $250-$500k in one-time mitigation fees
Original Proposed Contract Enhancements

1.a
Packet Pg. 14
Attachment: Colton Contract Presentation February 20 2024 (FINAL) (002) (4281 : Solid Waste Contract NEW Proposed Contract Enhancements are IN ADDITION to
our original proposal
• Annual Community Contribution
Commitment of $10,000 per Year
• Double Number of Community
Clean Ups from 2 per year to
4 per year with new tire disposal option (4 tires/home) • Double the number of residential curbside bulky item pick ups from 4 per year to 8 per year, with 4 large items per pick up or up to 32 items per year!
• New Senior Rate Discount! Seniors will receive a 10%
discount on their monthly rate when they apply and qualify for the discount.

Contract Enhancements ( Cont )

1.a
Packet Pg. 15
Attachment: Colton Contract Presentation February 20 2024 (FINAL) (002) (4281 : Solid Waste Contract NEW Proposed Contract Enhancements are IN ADDITION to
our original proposal
• New Performance Review language
included in the agreement
• New Customer Satisfaction Survey
through CR&R’s website (QR Code)
• New bi-annual reporting of complaints and resolutions • New exclusive low-cost disposal rate for Colton residents at the Colton TS. Was $43 minimum charge for up to 500lbs, now $25 minimum charge for up to1000 lbs. Must show proof of
Colton residency.
• New graffiti mitigation language in contract
• CR&R will provide full annual funding for a Colton CSO annual salary (Step A), at $45,500 per year
Contract Enhancements (Cont.)

1.a
Packet Pg. 16
Attachment: Colton Contract Presentation February 20 2024 (FINAL) (002) (4281 : Solid Waste Contract CR&R proposes the following additional Cost Savings to
Colton residents and businesses:
• Under a 10-year extension, CR&R will freeze the current 2023 residential rates through July 1, 2024. This rate freeze, over the next ten years, is a $8m savings to Colton residents • In addition, if City Council approves our proposed10-year extension, CR&R will extend the rate FREEZE to both our residential and commercial rates through July 1, 2025,
saving all Colton families and businesses a significant amount of money.

Additional Cost Savings

1.a
Packet Pg. 17
Attachment: Colton Contract Presentation February 20 2024 (FINAL) (002) (4281 : Solid Waste Contract Contract Enhancements
Contract Enhance ments and Benefits New Ongoing
Replace All existing 64 Gallon Residential carts with new SB 1383 Compliant, larger 96-gallon carts (w/ 64-gallon cart option)  Implementation of a Transfer Station Host fee 
Implement paper shredding services at community clean up events  Implement an in Home Sharps Program 
2-Location Sharp drop off locations Hutton-Luque Centers  Include plate reader at Colton Yard with facility improvements  Freeze Residential rates through July 2025 (10 Year Agmt)  Freeze Commercial Rates through July 1, 2025 (10 Year Agmt)  AD facility procurement credit 
$250K to $500k mitigation fees 
$36,000 per year to City for recycling material funding  $80,000 per year to City to use for Tree Trimming 
$210,000 per year to city to use for Street Sweeping 
Two Colton Community clean up events per year 
Two additional Community clean up events per year at CR&R’s Yard  Implement new Senior Discount rate -10% 
8 Bulky item curb side pickups per year (32 items/ household/year)  Additional tire drop off at clean up events (max 4 tires per household)  New annual community improvement commitment of $10,000   Lower disposal rate for Colton residents to dispose at CR&R Yard  Fully fund a new CSO (Code Officer) at $45,500/year 

1.a
Packet Pg. 18
Attachment: Colton Contract Presentation February 20 2024 (FINAL) (002) (4281 : Solid Waste Contract • We are a local, family-owned company, founded in 1963, with no Wall Street shareholders to satisfy.
• We are proposing significant enhancements at no cost to the City! • We provide local, good paying jobs with a preference to Colton residents.
• We will save Colton residents and businesses hundreds, if not thousands, of dollars.
• We are a local Colton business, just a few minutes drive from City Hall. We are committed to Colton.
• Our decision makers are local, only one phone call away. • We are here to provide a vital city service and to help the Colton community through our charitable contributions and support. • We are committed to the City of Colton and to your 100% satisfaction! • We respectfully ask for your support in strengthening our partnership in the months and years ahead.

Why an Ex tension with CR&R

1.a
Packet Pg. 19
Attachment: Colton Contract Presentation February 20 2024 (FINAL) (002) (4281 : Solid Waste Contract 10 Thank you

1.a
Packet Pg. 20
Attachment: Colton Contract Presentation February 20 2024 (FINAL) (002) (4281 : Solid Waste Contract

ITEM NO. 2

STAFF REPORT

DATE: FEBRUARY 20, 2024
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 FEBRUARY 6, 2024, 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 February 6, 2024.

BACKGROUND

Minutes for the City Council Regular Meeting Held on February 6, 2024.

FISCAL IMPACTS

None
2 Packet Pg. 21

ITEM NO. 3

STAFF REPORT

DATE: FEBRUARY 20, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE WIRES DATED 12/31/2023 AND TOTALING $280,357.45; VOUCHER NUMBERS 210232 TO 210310 DATED 01/18/2024 AND
TOTALING $2,778,365.05; VOUCHER NUMBERS 210311 TO 210411 DATED 01/25/2024 AND TOTALING $546,550.75; VOUCHER
NUMBERS 210412 TO 210489 DATED 01/29/2024 AND TOTALING
$84,312.07 AND A PAYROLL DISBURSEMENT LISTING DATED
11/25/2023 TO 12/08/2023 AND TOTALING $1,098,826.77.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve wires dated 12/31/2023 and totaling $280,357.45; voucher numbers 210232 to 210310 dated 01/18/2024 and totaling $2,778,365.05; voucher numbers 210311 to 210411 dated 01/25/2024 and totaling $546,550.75; voucher numbers 210412 to 210489 dated 01/29/2024 and totaling $84,312.07 and a payroll disbursement listing dated 11/25/2023 to 12/08/2023 and totaling $1,098,826.77.

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

3 Packet Pg. 22
Staff Report to the Mayor and City Council
Warrants - Accounts Payable
February 20, 2024

None.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Fund Number and Title Legend

2. Voucher lists

3. Payroll Registers
3 Packet Pg. 23
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

3.a
Packet Pg. 24
Attachment: Fund Number and Title Legend (4370 : Warrants - Accounts Payable)

3.b
Packet Pg. 25
Attachment: Voucher lists (4370 : Warrants - Accounts Payable)

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ITEM NO. 4

STAFF REPORT

DATE: FEBRUARY 20, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH

BLAIS & ASSOCIATES GRANT WRITING SERVICES FOR

COMPLETION OF DEPARTMENT OF THE INTERIOR, BUREAU OF

RECLAMATION WATER RESOURCES AND PLANNING OFFICE,

WATERSMART WATER AND ENERGY EFFICIENCY GRANT

PROGRAM

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve a professional services agreement with Blais and Associates to provide grant - writing services to apply for The Department of the Interior, Bureau of Reclamation, Water Resources and Planning Office, WaterSMART Water and Energy Efficiency Grant Program, waiving the formal bidding process in accordance with Colton Municipal Code

3.08.140(e), and;

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

BACKGROUND

The City of Colton currently has a contra ct with Blais and Associates for grant writing services through the City Manager's Office. The current proposal for grant writing services to apply for the Department of the Interior, Bureau of Reclamation, Water Resources and Planning Office, WaterSMART Water and Energy Efficiency Grant Program (BOR) is $21,823, which when combined with other City Departments, will exceed the City Manager's $50,000 spending limit.

ISSUES/ANALYSIS

4 Packet Pg. 90
Staff Report to the Mayor and City Council
Agreement - Blais & Associates
February 20, 2024

The U.S. Department of the Interior’s WaterSMART Program provides a framew ork for Federal leadership and assistance to stretch and secure water supplies for future generations in support of the Department’s priorities. Through WaterSMART, the Bureau of Reclamation leverages Federal and non-Federal funding to work cooperatively w ith States, Tribes, and local entities as they plan for and implement actions to increase water supply sustainability through investments in existing infrastructure and attention to local water conflicts.

In 2021, the Council awarded a project for the ins tallation of an Advanced Metering Infrastructure (AMI) water metering system. Unfortunately, since its inception, the system has encountered significant challenges, leading up to the recent bankruptcy filing by the manufacturer of the AMI endpoints , rendering the AMI system non -operational. The challenges with the existing AMI system are multifaceted. Poor installation practices during the initial rollout have contributed to ongoing issues. Additionally, hardware problems have been identified, with AMI en dpoints experiencing difficulties, including instances of falling asleep and not waking back up. Furthermore, the system encounters compatibility issues with our billing system, hampering the seamless transfer of data necessary for accurate customer billing.

In light of these challenges, staff is proposing the submission of a grant application to secure funding for the replacement of the current system. This grant opportunity provides a strategic means to address not only the hardware and software issue s but also to ensure proper installation practices during the replacement process.

There are multiple application periods for this grant. Application period one requires submission of the City’s application by February 22, 2024, with an anticipated awar d date of December 31, 2024. Staff determined the importance of this project and received approval from the City Manager to submit the application during application period one to keep this project moving forward in a timely manner. Application period tw o has a submission date of October 30, 2024, and an anticipated award date of October 31, 2025.

FISCAL IMPACTS

Sufficient appropriations for the grant writing services for this application, $21,823, are available in the FY2023 -24 adopted budget in Wate r Fund Operations Professional Services Account Number 521-8100-8101-2350-0000-000.

ALTERNATIVES

1. Provide alternative direction to Staff.
4 Packet Pg. 91

ITEM NO. 5

STAFF REPORT

DATE: FEBRUARY 20, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: DEB FARRAR, COMMUNITY SERVICES DIRECTOR
SUBJECT: APPROVE AGREEMENT WITH BLAIS & ASSOCIATES TO

PROVIDE GRANT WRITING SERVICES TO THE COMMUNITY

SERVICES DEPARTMENT FOR SAN BERNARDINO COUNTY,

OFFICE OF HOMELESS SERVICES, HOMELESS HOUSING,
ASSISTANCE, AND PREVENTION PROGRAM ROUND 4 (HHAP-4).

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1) Approve the professional services agreement for Blais & Associates to provide grant writing services for the HHAP funding, waiving the normal formal bidding process in accordance with Colton Municipal Code 3.08.140(e), and

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

BACKGROUND

The San Bernardino City and County Continuum of Care (SBC CoC) Office of Homeless Services, acting as the Administrative Entity, invites applications from qualified entities for the implementation of services under the Homeless Housing, Assistance, and Prevention Program, Round 4 (HHAP -4). HHAP -4 aims to strengthen regional collaboration and local capacity to address homelessness, primarily focusing on transitioning homeless individuals and f amilies, or those at risk, into stable housing while providing ongoing support.

The estimated HHAP -4 funding available across SBC CoC's five regions is $3,455,790.96.

Additionally, funding earmarked for services catering to Homeless Youth amounts to $443,050.12, resulting in a total distribution of $3,898,841.08. Colton falls within the Central 5 Packet Pg. 92
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Agreement - Blais & Associates
February 20, 2024

Valley Region, with a maximum budget request of $350,000 for non -capital projects. Tentative contract awards are expected in Spring 2024.

The City of Colton intend s to secure $346,000 to sustain staff support for community members through Rental Assistance and Rapid Rehousing initiatives. Aligned with a Housing First approach, the funding will enable Colton to provide direct services and collaborate with other agencies to assist families and individuals facing homelessness or at risk of it. These services include prevention, navigation, rental assistance, and subsidies, managed by the Community Services Department. The grant is proposed to cover operations from July 2024 through June 2026.

Given the limited timeframe and staff resources within the Community Services Department, contracting with Blais and Associates to assist in grant writing is crucial. This partnership aims to develop a competitive and manageable program to continue providing essential services to the community's most vulnerable members.

ISSUES/ANALYSIS

The City of Colton currently contracts with Blais and Associates for grant writing services, coordinated through the City Manager's Office. The pro posed fee for grant writing services for the HHAP-4 project totals $9,213. When combined with expenses from other City Departments, this exceeds the City Manager's $50,000 spending threshold.

According to Colton Municipal Code 3.08.140(e), the City Manage r has the authority to waive public bidding for professional services contracts exceeding $25,000 if it's deemed in the City's best interest. Considering Blais and Associates' demonstrated expertise and successful track record in grant writing for the City , staff believes it's advantageous to award them additional work for the HHAP-4 project.

FISCAL IMPACTS

Sufficient appropriations for grant writing services are budgeted and available in the FY2023-24 adopted budget in General Fund Community Services Professional Services A ccount # 100 - 6200-6200-2350-0000-000.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Q_Colton_Homeless Housing, Assistance and Prevention_022024 R1

2. RFA 24-01 OHS HHAP-4_FINAL
5 Packet Pg. 93
Quote Prepared By:

Brooke Wilkins
949-589-6338
[email protected]
www.blaisassoc.com
Client Name
Client Contact(s)
Grant Program
Project Due
Project Name
Date Prepared
Project Cost
$9,213
Activity
Develop indemnification and insurance requirements affidavit. (Attachment N) Complete campaign contribution disclosure (SB 1439). (Attachment O) Compile, review, and upload financials.

Complete exceptions to RFA document. (Attachment L)
Develop public records act exemptions. (Attachment M)
Preparatory work including reviewing guidelines and application materials; developing timeline & checklist; hosting a kick-off conference call with client; attending to follow-up action items from kick-off call; preparing internal e-file system.

Develop application cover page. (Attachment A)
Develop statement of certification. (Attachment B)
Develop statement of experience and qualifications. (Attachment C) Develop references. (Attachment J)
Project Quote
January 30, 2024
$9,213
City of Colton
Deb Farrar, Community Services Director
San Bernardino County (SBC) Homeless Housing, Assistance and Prevention Round 4 Program (HHAP-4) Continuum of Care (CoC) February 20, 2024
TBD
Develop project team organization chart. (Attachment F) Develop project description. (Attachment G) **discounted due to utilizing information from a previous application Conference calls and client coordination. Provide 80% draft and 100% final to client for review. Incorporate up to two sets of written client feedback and comments. Prepare final files for Client's permanent record keeping. Submit application via e-mail.

Gather licenses, permits, and/or certifications. (Attachment D) Complete certification regarding debarment or suspension. (Attachment E) Develop workplan and schedule. (Attachment H)

SUBTOTAL
Complete former county officials document. (Attachment K) Develop cost and cost narrative. (Attachment I) **discounted due to utilizing information from a previous application Colton: HHAP-4 1/30/2024 1 of 2

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Attachment: Q_Colton_Homeless Housing, Assistance and Prevention_022024 R1 (4392 : Agreement - Blais & Associates) Quote Prepared By:

Brooke Wilkins
949-589-6338
[email protected]
www.blaisassoc.com
$0
$0
$0
$0
$9,213
Signature Approving Costs and Authorizing Notice to Proceed Date Printed Name
Please note that this quote is fixed fee for service based on current conditions and understandings. Many factors may change during the development of a project, including Client requests, that may increase the amount of work required to successfully perform services. During the course of work, if there is a material change in scope, B&A will notify the point of contact and mutually agree to a change order or discuss alternatives.

By signing this quote, the Client agrees to:
- Provide requested information prior to stipulated deadline, dates to be jointly agreed upon and incorporated into the Timeline and Checklist.
- Attend all scheduled calls and be available for ad-hoc calls, as needed. - Respond to inquiries from the B&A team within one business day. - Assign a person to be B&A's main point of contact throughout the duration of the project. 2) Available funding: $3,898,841.08 total, $3,455,790.96 for the five regions and $443,050.12 for services specific to the needs of Homeless Youth.

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

GRAND TOTAL
Direct Costs

SUBTOTAL
Final Files (link)
Reproduction for hard copy (not applicable)
Express Delivery mail or courier services (not applicable) Colton: HHAP-4 1/30/2024 2 of 2

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Attachment: Q_Colton_Homeless Housing, Assistance and Prevention_022024 R1 (4392 : Agreement - Blais & Associates) Rev. 11/2023- Services
Request for Application No. OHS 24-01
Homeless Housing, Assistance and
Prevention Program
Round 4
Continuum of Care
San Bernardino County
Office of Homeless Services
560 East Hospitality Lane, Suite 200
San Bernardino, CA 92415-0044

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Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

I. INTRODUCTION
A. Purpose
The San Bernardino County (County), Office of Homeless Services, hereafter referred to as OHS, designated by the San Bernardino City and County Continuum of Care (SBC CoC) as the Administrative Entity
, is seeking Applications from interested and qualified Applicants to provide services under the Homeless
Housing, Assistance and Prevention Program, Round 4 (HHAP-4). HHAP-4 funds are intended to provide funding to Continuums of Care (CoC), c ounties, large cities (population of 300,000 or more), and federally
recognized tribes to support regional coordination and expand or develop local capacity to address homelessness challenges. Efforts are focused on moving homeless individuals and families, or individuals
and families at-risk of homelessness, into permanent housing and supporting those individuals and
families to maintain permanent housing.

There are five regions to be served within SBC CoC: 1) Central Valley Region; 2) Desert Region; 3) East Valley
Region; 4) Mountain Region; and 5) West Valley Region. Applicants who wish to provide services/assist
ance to more than one region must submit an Application for each region. The number of awards will be determined by the quality of the Applications received in consultation with each Regional Steering committee.

B. RF
A Contact
All questions must be submitted via email to the person identified below (RFA Contact):

San B
ernardino County
Office of Homeless Services
Attn: Stephanie Navarro, Staff Analyst II
560 East Hospitality Lane, Suite 200
San Bernardino, CA 92415-0044
Phone: 909-501-0642
Email: [email protected]
Appl
ications must be submitted electronically via email to the mailbox:

[email protected].

C. Budget
The es
timated HHAP-4 SBC CoC funding amount available for distribution for programs and projects for the five regions is $3,455,790.96 in addition to funding allocated for services specific to the needs of Homeless Youth in the amount of $443,050.12 for a total distribution amount of $3,898,841.08 for the SBC CoC. The estimated breakdown for the regions is as follows:

Region/Focus Amount
Central Valley Region $2,094,209.32
Desert Region $739,539.27
East Valley Region $193,524.29
Mountain Region $65,660.02
West Valley Region $362,858.06
Homeless Youth $443,050.12
Appl
ications submitted for services in the Central Valley Region have a Maximum Budget Request of $350,000 (for the term of the contract) for non-capital projects.

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Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

D. Contract Term
Services to be provided under this Request for Application (RFA) are outlined under Section V, Scope of Work. It is anticipated that the Contract period will begin upon execution, and end on June 30, 2027. The commencement date of the Contracts is anticipated to be in the Spring of 2024.

E. Locat
ion of Services
Location(s) where Services are to be provided, completed and managed throughout San Bernardi no C
ounty. The five regions to be served are:

1. Central Valley Region: Encompasses the cities of Colton, Fontana, Grand Terrace, Highland, Loma Linda, Redlands, Rialto, San Bernardino, Yucaipa, and the surrounding unincorporated communities.

2. Desert Region: Encompasses the cities of Adelanto, Apple Valley, Barstow, Hesperia, Victorville, and the surrounding unincorporated communities.

3. East Valley Region: Encompasses the cities of Needles, Twentynine Palms, Yucca Valley, and the surrounding unincorporated communities.

4. Mountain Region: Encompasses the cities of Big Bear and the unincorporated communities whic h
i
nclude Blue Jay, Cedar Glen, Cedarpines Park, Crestline, Forest Falls, Green Valley Lake, Lake Arrowhead, Rimforest, Running Springs, Skyforest, Sugarloaf, and Twin Peaks.

5. West Valley Region: Encompasses the cities of Chino, Chino Hills, Montclair, Ontario, Rancho Cucamonga, Upland, and the surrounding unincorporated communities.

F. A
ssistance to Applicants with a Disability
Applicants with a disability may request accommodation regarding the means of communicating this RFA or participating in the procurement process. For more information, contact the RFA Contact no later than t
en (10) days prior to the Deadline for Applications.

I
I. APPLICATION TIMELINE
R
elease of RFA Thursday, January 18, 2024
Application Workshop Tuesday, January 30, 2024 at 10:00 A.M. (Local Time) Deadline for Submission of Questions Tuesday, January 30, 2024 by 4:00 P.M. (Local Time) Deadline for Applications Tuesday, February 20, 2024 by 4:00 P.M. (Local Time) Date for Tentative Contract Award Spring 2024
Application Workshop will be held virtually on Tuesday, January 30, 2024 at 10: 00 A.M. (Local Time). Attendance is encouraged. Meeting link and login instructions for the Application Workshop will be shared via the Homeless RFP mailbox. If you are not currently on the Homeless RFP email distribution list, please request to be added by emailing [email protected].

Questions regarding the contents of this RFA must be submitted in writing on or before the Deadline for Submission of Questions. All questions will be answered and both the question and answer will be posted as an Addendum to the RFA at https://sbchp.sbcounty.gov.

II
I. DEFINITIONS
Capitalized terms used in this RFA shall have the meanings given to them in the RFA and as defined below:

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Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

Administrative Entity: A unit of general purpose local government (city, county or a city that is also a county) or a nonprofit organization that has (1) previously administered federal Department of Housing and Urban Development (HUD) CoC funds as the collaborative applicant pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations, and (2) been designated by the CoC to administer program funds. For this Application, CoC and Administrative Entity are used interchangeably.

Board: The San Bernardino County Board of Supervisors.

Continuum of Care (CoC): The g
roup organized to carry out the responsibilities required under this part and that is composed of representatives of organizations, including nonprofit homeless providers, victim service providers, faith-based organizations, governments, businesses, advocates, public housing agencies, school districts, social service providers, mental health agencies, hospitals, universities, affordable housing developers, law enforcement, organizations that serve homeless and formerly homeless veterans, and homeless and formerly homeless persons to the extent these groups are represented within the geographic area and are available to participate.

Continuum of Care Service Providers :

A network of Community -Based Organizations and government agencies partnered with the SBC CoC to provide services to homeless individuals and families.

Contract: The Contract between the County and the Applicant resulting from the award issued pursuant to this RFA to the successful Applicant.

Contractor:

Any individual, company, firm, corporation, partnership or other organization to whom a contract award is made by the County.

Coordinated Entry System (CES): A centralized or coordinated process developed pursuant to Section 578.7 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019, designed to coordinate homelessness program participant intake, assessment, and provision of r eferrals. In order to satisfy this subdivision, a centralized or coordinated assessment system shall cover the geographic area, be easily accessed by individuals and families seeking housing or services, be well advertised, and include a comprehensive and standardized assessment tool.”

Emergency Shelter: Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person as defined in subdivision (e) of Section 50801 of the Health and Safety Code.

Facilitator: A County Purchasing Department buyer or designated individual tasked with managing the processes of the evaluation panel.

Homeless: The same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019.

Homeless Management Information System (HMIS): the information system designated by a Continuum of Care to comply with federal reporting requirements as defined in Section 578.3 of Title 24 of the Code of Federal Regulations. The term “Homeless Management Information System” also includes the use of a comparable database by a victim services provider or legal services provider that is permitted by the federal government under Part 576 of Title 24 of the Code of Federal Regulations.

Homeless Youth: An unaccompanied youth between 12 and 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinney -Vento Homeless Assistance Act [42 U.S.C. Sec. 11434a(2)]; includes unaccompanied youth who are pregnant or parenting.

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Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

Housing First : An approach to quickly and successfully connect individuals and families experiencing homelessness to permanent housing without preconditions and barriers to entry, such as sobriety, treatment or service participation requirements , as defined in Section 8255 of the Welfare and Institutions Code, including all of the core components listed therein.

Interagency Council on Homelessness ( ICH): The policy making body for the San Bernardino County Homeless Partnership. ICH works to ensure that the recommendations listed in the County’s 10- Year Strategy to End Homelessness are realized. ICH Membership is composed of elected officials, state and local representatives, community and faith-based organizations, and corporate advocates.

Navigation Center: A Housing First, low -bar rier, service -enriched shelter focused on moving homeless individuals and families into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

Office of Homeless Services (O HS): The lead agency for the San Bernardino City and County Continuum of Care (SBC CoC). The SBC CoC coordinates services with the San Bernardino County Homeless Partnership consisting of community and faith -based organizations, educational institutions, non- profit organizations, private industry, and federal, state and local governments.

Point-in-Ti me Count (PITC) : An unduplicated one- night estimates of both sheltered and unsheltered homeless populations conducted by Continuums of Care nationwide on a pre-determined date within the last 10 days of each January pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations.

Program: The H omeless Housing, Assistance and Prevention Program, Round 4 (HHAP-4) established pursuant to Chapter 6 of Part 1 of Division 31 of the Health and Safety Code.

Purchasing Agent: The Director of the County Purchasing Department.

Regional Steering Committee (RSC) : C
ommittees made up of local non -profits, faith-based organizations, education, city and county entities created to represent the five Regions within the SBC CoC that provide leadership and serve as regional advisory bodies for the Interagency Council on Homelessness.

Request for Application (RFA): The request for an offer from Applicants interested in providing the identified services sought to be procured by the County. The RFA specifies the evaluation factors to be used and contains or incorporates by reference contractual terms and conditions applicable to the procurement.

Services: The requested services described in this RFA.

Subcontractor: An individual, company, firm, corporation, partnership or other organization, not in the employment of or owned by Contractor who is performing services on behalf of Contractor under the Contract or under a separate contract with or on behalf of Contractor.

I
V. APPLICATION CONDITIONS

A. Authorized Signatures
All Applications must be signed by an individual authorized to bind the Applicant to the provisions of the RFA.

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Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

B. Term of Offer
Application shall remain open, valid and subject to acceptance anytime within nine (9) months after the Application submission.

C. Required Review
Applicants should carefully review this RF A for defects and questionable or objectionable material.

Comments from Applicants concerning defects and objectionable material in this RFA must be made in writing and received by the RF A contact prior to the deadline for submission of questions identified in Section II or at least ten (10) calendar days before the Deadline for Applications (whichever occurs last).

This will allow issuance of any necessary amendments or addendums to the RFA. It will also help prevent the opening of a defective RF A and exposure of Applicants upon which an award could not be made.

Protests based on any omission or error, or on the content of this RFA, may be disallowed if not submitted in writing to the attention of the RFA Contact, prior to the deadline for submission of questions identified in Section II or at least ten (10) calendar days before the Deadline for Applications (whichever occurs last).

D. Incurred Costs
The County is not obligated to pay any costs incurred by Applicant in the preparation of an Application in response to this RFA. Applicants agree that all costs incurred in developing an Application are the Applicant’s responsibility.

E. Amendments/Addendums to RFA
The County reserves the right to issue amendments or addendums to this RFA if the County considers that changes are necessary or additional information is needed.

Changes to an Application or withdrawal of an Application will only be allowed if a request is received prior to the Deadline for Applications. No amendments or withdrawals will be accepted after the Deadline for Applications.

F. Best Value Evaluation
As established in this RFA, the County realizes that criteria other than price are important and will award contract(s) based on the Application that best meets the needs of the County. The County seeks the optimal combination of quality, price, and various qualitative elements of the required Services that will provide the County the greatest or best value for its money.

G. Right of Rejection
Offers must comply with all of the terms of the RF A, and all applicable local, state, and federal laws, codes, and regulations. The County may reject as non-responsive any Application that does not comply with all of the material and substantial terms, conditions, and performance requirements of the RFA.

Further, the County may reject an application from any entity that is a parent, affiliate, or subsidiary, or that is under common ownership, control, or management with any other entity submitting an Application in response to this RFA.

An Applicant may not qualify the Application nor restrict the rights of the County. If Applicant does so, the Application may be determined to be a non-responsive counter-offer and the Application may be rejected.

No Application shall be rejected, however, if it contains a minor irregularity, defect or variation. If the irregularity, defect or variation is considered by the County to be immaterial or inconsequential, the County may choose to accept the Application.

Minor irregularities may be waived by the Purchasing Agent when they are any of the following:

1. Do not affect responsiveness;

2. Are merely a matter of form or format;

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Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

3. Do not change the relative standing or otherwise prejudice other offers;

4. Do not change the meaning or scope of the RFA;

5. Are trivial, negligible, or immaterial in nature;

6. Do not reflect a material change in the work; or

7. Do not constitute a substantial reservation against a requirement or provision.

In such cases the Applicant will be notified of the deficiency in the Application and given an opportunity to correct the irregularity, defect or variation or the County may elect to waive the deficiency and accept the Application. The decision to provide a waiver shall in no way modify or compromise the overall purpose of the submittal, nor excuse the Applicant from compliance with all requirements if awarded a Contract.

This RFA does not commit the County to award a contract. The County reserves the right to reject any or all Applications if it is in the best interest of the County to do so. The County also reserves the right to terminate this RFA process at any time.

H. Reserved

I. Clarification of Offers
In order to determine if an Application is reasonably susceptible for award, communications by the Facilitator for the evaluation panel are permitted with an Applicant to clarify uncertainties or eliminate confusion concerning the contents of an Application. Clarifications may not result in a material or substantive change to the Application. The evaluation by the panel may be adjusted as a result of a clarification under this section.

J. Public Records Act
All Applications and other material submitted become the property of the County and are subject to release according to the California Public Records Act (Government Code § 7920.000). All Application information, including cost information, will be held in confidence during the evaluation and negotiation process.

Thereafter, Applications are subject to becoming a non-exempt public record.

If an Applicant believes that any portion of its Application is exempt from public disclosure, it must indicate the specific portions believed to be confidential and not subject to disclosure on Attachment M - Public Records Act Exemptions. The Applicant also must include a brief description that sets out the reasons for exemption from disclosure. Each stated exemption must include a citation to supporting legal authority, including statutory authority or case law, to support exemption from the Public Records Act. Requested exemptions that do not meet the requirements of this section will not be considered.

The County will use reasonable means to ensure that such information is safeguarded, but will not be held liable for inadvertent disclosure of the information. Applications marked “Confidential” in their entirety will not be honored, and the County might not deny public disclosure of any portion of Applications so marked.

By submitting an Application with portions identified in Attachment M as “Confidential,” Applicant represents that it has a good faith belief that such portions are exempt from disclosure under the California Public Records Act. Applicant may be requested to obtain legal protection from disclosure should a Public Records Act request be received. In the event the County does not disclose the information marked “Confidential,” Applicant agrees to reimburse the County for, and to indemnify, defend (with counsel approved by County) and hold harmless the County, its officers, employees, agents, and volunteers from and against any and all claims, damages, losses, liabilities, suits, judgments, fines, penalties, costs and expenses, including without limitation, attorneys’ fees, expenses and court costs of any nature arising from or relating to the County’s non-disclosure of any such designated portions of an Application.

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Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

K. Employment of Former County Officials
Information must be provided in Attachment K regarding former County A dministrative Officials (as defined below) who are employed by or represent Applicant. The information provided must include a list of former County Administrative Officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of Applicant and should also include the employment and/or representative capacity and the dates these individuals began employment with or representation of Applicant . For purposes of this section, “ County Administrative Official” is defined as a member of the Board of Supervisors or such member’s staff, Chief Executive Officer or member of such officer’s staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.

Failure to provide this information may result in the Applicant being deemed non-responsive.

L. Iran Contracting Act of 2010
In accordance with Public Contract Code section 2204(a), the Applicant certifies upon submission that the Applicant signing the Application is not identified on a list created pursuant to subdivision (b) of Public Contract Code section 2203 (http://www.dgs.ca.gov/pd/Resources/PDLegislation.aspx) as a person (as defined in Public Contract Code section 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code section 2202.5, or as a person described in subdivision (b) of Public Contract Code section 2202.5, as applicable.

Applicants ar
e cautioned that making a false certification may subject the Applicant to civil penalties, termination of an existing contract, and ineligibility to bid on a contract for a period of three (3) years in accordance with Public Contract Code section 2205. Applicant agrees that signing the Application shall constitute signature of this Certification.

M. Disclosure of Criminal and Civil Proceedings
The County reserves the right to request the information described herein from the Applicant selected for Contract award. Failure to provide the information may result in a disqualification from the selection process and no award of Contract to the Applicant. The County also reserves the right to obtain the requested information by way of a background check performed by an investigative firm. The selected Applicant may also be asked to provide information to clarify initial responses. Negative information provided or discovered may result in disqualification from the selection process and no award of Contract.

The selected Applicant may be asked whether the firm, or any of its partners, principals, members, associates or key employees (as that term is defined herein), within the last ten years, has been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense arising directly or indirectly from the conduct of the firm’s business, or whether the firm, or any of it partners, principals, members, associates or key employees, has within the last ten years, been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense involving financial misconduct or fraud. If the response is affirmative, the Applicant will be asked to describe any such indictments or charges (and the status thereof), convictions and the surrounding circumstances in detail.

In addition, the selected Applicant may also be asked to disclose whether the firm, or any of its partners, principals, members, associates or key employees, within the last ten years, has been the subject of legal proceedings as defined herein arising directly from the provision of services by the firm or those individuals. “Legal proceedings” means any civil actions filed in a court of competent jurisdiction, or any matters filed by an administrative or regulatory body with jurisdiction over the firm or the individuals. If the response is affirmative, the Applicant will be asked to describe any such legal proceedings (and the status and disposition thereof) and the surrounding circumstances in detail.

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Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

For purposes of this provision “key employees” includes any individuals providing direct service to the County. “Key employees” do not include clerical personnel providing service at the firm’s offices or locations.

N. Debar
ment and Suspension; California Secretary of State Business Entity Registration.

Applicant certifies in Attachment E that neither it nor its principals or subcontract ors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency . (See Attachment E and the following United States General Services Administration’s System for Award Management website https://www.sam.gov). Applicant als o certifies in Attachment E that if it or any of the subcontractors listed in the Application are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.

O. Unsat
isfactory Performance
Applicant affirms that it has no record of unsatisfactory performance with the County in the twenty -four (24) month period immediately preceding the date of issuance of this RFA.

P. Final
Authority
The final authority to award a contract(s) as a result of this RFA rests solely with the County Board of Supervisors, or as delegated by the Board of Supervisors.

Q. Reserved
R. Cam
paign Contribution Disclosure (SB 1439)
Applicant has disclosed to the County through completion of Attachment O – Campaign Contribution Disclosure Senate Bill 1439, whether it has made any campaign contributions of more than $250 to any member of the Board of Supervisors or other County elected officer [Sheriff, Assessor-Recorder-Clerk, District Attorney, Auditor -Controller/Treasurer/Tax Collector] after January 1, 2023. Applicant acknowledges that under Government Code section 84308, subdivision (e)(2), Proposer may not make a contribution of more than $250 to any member of the Board of Supervisors or other County elected officer while award of a contract pursuant to this Request for Application is pending, and for 12 months after a final decision is rendered by the County.

Campaign contributions include those made by any agent/person/entity on behalf of the Applicant or by a parent, subsidiary or otherwise related business entity of Applicant.

V. SC

OPE OF WORK
A. BACKG

ROUND INFORMATION
On September 30, 2022 , the California Interagency Council on Homelessness (Cal ICH), released a Notice of Funding Availability for HHAP Round 4 grant funding. HHAP Round 4 is a $1 billion block grant program authorized by AB 140 (Health & Safety Code § 50218.7, et seq.), which was signed into law by Governor Gavin Newsom on July 19, 2021.

HH
AP Round 4 funding is made available as non -competitive allocations to eligible grantees, including California’s CoCs, as identified by the United States Department of Housing and Urban Development (HUD), large cities (with a population of 300,000 or more as of January 1, 2020), counties and federally recognized tribal governments. Individual allocations for each of the eligible applicants are based on their proportionate share of the state’s homeless population as reported by HUD in the 2019 Point -In-Time Count (PITC).

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Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

The SBC CoC was allocated $4,430,501.22 in HHAP-4 funding. (This RFA pertains only to the SBC CoC allocation of funding.)

On September 27, 2023, the San Bernardino County Homeless Partnership ICH, the SBC CoC governing board, approved expenditure recommendations for the initial disbursement of funds and authorized OHS, as the Administrative Entity for the SBC CoC, to administer the grant funding on behalf of the SBC CoC.

B. PROJECT DESCRIPTION
Cal ICH strongly encourages applicants to prioritize the use of HHAP funds to assist people experiencing literal homelessness move into safe, stable housing. HHAP funding should be housing-focused – either funding permanent housing interventions directly or, if used for shelter or street outreach, have clear pathways to connect people to permanent housing options.

1. Deliverables/Requirements:
a. HHAP-4 funds shall be used on eligible activities as detailed in Health and Safety Code section 50218.7(e) and section 50220.8, subdivisions (e), and (f). The Applicant shall expend funds on evidence-based programs serving people experiencing homelessness among eligible populations, including any of the following eligible uses:
• Rapid rehousing, including rental subsidies and incentives to landlords, such as security deposits and holding fees.
• Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves.
• Street outreach to assist persons experiencing homelessness to access permanent housing and services.
• Services coordination, which may include access to workforce, education, and training programs, or other services needed to promote housing stability in supportive housing. • Delivery of permanent housing and innovative housing solutions, such as hotel and motel conversions.
• Prevention and shelter diversion to permanent housing, including rental subsidies. • Interim sheltering, limited to newly developed clinically enhanced congregate shelters, new or existing noncongregate shelters, and operations of existing navigation centers and shelters based on demonstrated need. Demonstrated need for purposes of this paragraph shall be based on the following:

1. The number of available shelter beds in the city, county, or region served by a Continuum of Care.

2. The number of people experiencing unsheltered homelessness in the homeless point-in-time count.

3. Shelter vacancy rate in the summer and winter months.

4. Percentage of exits from emergency shelters to permanent housing solutions.

5. A plan to connect residents to permanent housing.

6. Any new interim sheltering funded by HHAP -4 funds must be low barrier, comply with Housing First as provided in Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code, and prioritize interventions other than congregate shelters.
• Improvements to existing emergency shelters to lower barriers and increase privacy.

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Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

b. Program funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of the Program and the eligible uses identified in Health and Safety Code section 50220.8, subdivisions (e), (f), and (g). c. Program funds shall not be used to supplant existing local funds for homeless housing, assistance, or prevention. HHAP funds cannot replace local funds that are committed to an existing or developing homeless assistance program. However, if funds previously supporting a service or project end or are reduced for reasons beyond the control of the grantee and services or housing capacity will be lost as a result of these funds ending, HHAP funds may be used to maintain the service or program. Examples include, but are not limited to, a time limited city and/or county tax or one-time block grant, such as HEAP.
d. Providers must track and report measurable outcomes/goals . OHS may ask for additional justification for identified outcomes/goals.
e. Providers must have the necessary professional staff to meet the needs of the homeless population following the Housing First model (e.g., case managers, clinicians, medical staff, peer advocates, employment specialists, and eligibility specialists). f. Providers must have the readiness capacity to immediately perform and administer homeless efforts through this funding.
g. Providers must be able to demonstrate that HHAP -4 funds were expended for eligible uses to benefit members of the target population. OHS will include reporting requirements and due dates in the standard agreement executed prior to reimbursing HHAP-4 funds to the providers. Reports will include the following elements, as well as
any additional information OHS or the State deem
appropriate or necessary:
• An ongoing tracking of the specific uses and expenditures of any program funds broken out by the eligible uses listed, including the current status of those funds; • The number of homeless individuals served by the program funds in that year and a total number served in all years of the program, as well as the homeless population served; • The type of housing assistance provided, broken out by the number of individuals; and • Outcome data for an individual served through program funds, including the type of housing that an individual exited to, the percent of successful housing exists, and exit types for unsuccessful housing exits.
h. Providers must meet June 30, 2027 deadline for 100 percent expenditure of Program funds.

OHS will use the reports submitted to ensure that providers are on track to expend 50 percent of Program funds by January 1, 2026 and 100 percent of Program funds by June 30, 2027.

C. ADDITIONAL REQUIREMENTS

1. The Coordinated Entry System (CES) is a referral process that currently coordinates with the SBC CoC. CES quickly identifies, assesses, refers, and connects individuals, youth including parenting and pregnant youth, and families in crisis to housing and services; is intended to prioritize resources for those with the greatest need, match people with the services that are most likely to help them exit homelessness, reduce the time it takes for participants to access services, and ensure that resources are allocated efficiently. Per Health and Safety Code Section 50220.8 , HHAP-4 applicants should ensure that funded programs are integrated within the local CES.

2. All those participating with CES will need to apply to participate with the Homeless Management Information System (HMIS). HMIS is a local database application used to collect client-level data and data on the provision of housing and services to homeless individuals and families and persons at risk of homelessness in the County.

3. The methodology of providing services will follow the Housing First policy. This is an approach that offers permanent, affordable housing quickly as possible for individuals and families experiencing homelessness, and then provides the supportive services and connections to the community-based supports people need to avoid returning to homelessness.

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Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

4. If awarded, Contractor and its subcontractors shall not deny the HHAP -4 contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article

9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135- 11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.

Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)

VI. APPLICATION SUBMISSION

A. General

1. All interested and qualified Applicant s are invited to submit a n Application for consideration.

Submission of an Application indicates that the Applicant has read and understands the entire RFA, including all appendixes, attachments, exhibits, schedules, and addenda (as applicable) and that all concerns regarding the RFA have been resolved.

2. Applications must be received by the designated date and time. Late or incomplete A pplications will not be accepted.

3. The Applicant acknowledges that its electronic signature is legally binding.

4. Applications must be submitted in the format described below. Applications are to be prepared in such a way as to provide a straightforward, concise description of capabilities to satisfy the requirements of this RFA.

5. Applications must be completed in all respects as required in this section. An Application may not be considered if it is conditional or incomplete.

B. Application Format
Responses to this RFA must be in the form of a proposal package. Format the Proposal to fit on an 8-½ x 11 sheet of paper with margins of at least ¾ inches. Text should be single spaced and font size should be no smaller than 11 point. Each page, including attachments, must be clearly and consecutively numbered.

1. Cover Page
Use Attachment A as the cover page. This form must be fully completed and signed by an authorized officer of the Applicant.

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Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

2. Statement of Certification
Certify the following on Attachment B:
a. A statement that the offer made in the Application is firm and binding for nine (9) months from the Deadline for Applications.
b. A statement that all aspects of the Application, including cost, have been determined independently, without consultation with any other Applicant (competitor) for the purpose of restricting competition.
c. A statement that all declarations in the Application and attachments are true and that this shall constitute a warranty, the falsity of which will entitle the County to pursue any remedy by law. d. A statement that the Applicant agrees that all aspects of the RFA and the Application submitted shall be binding if the Applicant is selected and a Contract awarded. e. A statement that the Applicant agrees to provide the County with any other information the County determines is necessary for an accurate determination of the Applicant’s ability to perform the Services as proposed.
f. A statement that the Applicant, if selected will comply with all applicable rules, laws and regulations.
g. A statement that the Applicant has reviewed the RFA and General Contract Terms in their entirety and have no exceptions to any requirements, terms or conditions, except as noted in Attachment L.

3. Statement of Experience and Qualifications
Include the following in Attachment C of the Application:
a. Business name of the Applicant and type of legal entity such as corporation, partnership, etc. If Applicant is a business entity that must be registered with the California Secretary of State, Applicant shall provide the County the entity number assigned to it by the Secretary of State. b. Number of years the Applicant has been in business under the present business name, as well as related prior business names.
c. Statement that the Applicant does not have any commitments or potential commitments that may impact the Applicant’s ability to perform the Contract, if awarded.

4. Licenses, Permits, and/or Certifications
Provide copies of all licenses, permits and/or certifications in Attachment D as required under Section X. TERMS AND CONDITIONS Paragraph A, 22.

5. Project Team Organization Chart
Provide an organization chart illustrating the project team, and clearly show the organization of the team and the hierarchy of the members. It must include:
a. Organizational framework for the proposed project team. b. Company name and staff name for each role identified in the chart. c. Resumes of key personnel, including qualifications, education and project experience

6. Project Description
The Application should include all of the elements included on Attachment G – Project Description. a. A brief synopsis of the Applicant ’s understanding of the County’s needs and how the Applicant plans to meet them.
b. A detailed statement of the proposed Services.
c. Measurable outcomes
d. An explanation of any assumptions or constraints.

7. Work Plan and Schedule
Include the following:
a. Summary of management/work plan for this Project.

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Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

b. Project schedule

8. Certification Regarding Debarment or Suspension
Complete Attachment E.

9. Cost
Complete proposed budget on Attachment I.

10. References
Provide three (3) references from other entities, preferably public agencies, of same or similar size as the County, with whom you have established a contract on a project of this nature. Provide Contact Name, Address, Phone Number, and dates Services were provided on Attachment J.

11. Former County Officials
Complete Attachment K.

12. Exceptions to RFA
Complete Attachment L.

13. Public Records Act Exemptions
Complete Attachment M – Public Records Act Exemptions if applicable.

14. Indemnification and Insurance Requirements Affidavit Submit evidence of ability to insure as stated in Section X, Paragraph B – Indemnification and Insurance Requirements. Applicant must complete and submit Attachment N – Indemnification and Insurance Requirements Affidavit, and ensure the form is complete, including the signature from Applicant’s insurance broker/agent.

15. Campaign Contribution Disclosure (SB 1439)
Complete Attachment O – Campaign Contribution Disclosure (SB 1439).

16. Financials
Provide Applicant ’s Annual Report for the previous two years. Applicant must also include independently audited financial statements for the most recent completed fiscal year. If audited financial statements are not available, please provide un- audited financial statements along with a certification from the Applicant’s accountant that the information accurately reflects the Applicant’s current financial status. If the Applicant is a sole proprietorship, please provide Schedule C of the Internal Revenue Service forms as well as a certification from the owner and the accountant that the information accurately reflects the Applicant’s current financial status.

VII. EVALUATION
Applications will be subject to an Initial Review to confirm responsiveness, by determining whether each Application includes the stipulated content, required certifications or licensing, etc., and is presented in the required format, in order for the Application to advance for evaluation. Any reasonable person reviewing for responsiveness must be able to ascertain that the Application meets these requirements.

The evaluation process includes the categories listed on Exhibit A – Project Application Scoring Guidelines and may include additional specific criteria.

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Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

The County may, at its sole discretion, create a shortlist of Applications for further evaluation; require an oral interview, presentation, or demonstration; and utilize outside experts to assist in the evaluation process ; and/or issue a request for Best and Final Offer (BAFO) from one or more Applicants.

Evaluation panels will be established comprised of voting members of each Regional Steering Committee with responsibility for reviewing all regional specific Applications and conducting the evaluation process. A Facilitator will manage the integrity of the evaluation process and will not be a voting member of the evaluation panels. An initial meeting will be scheduled via telephone/teleconferencing and held with the evaluation panel members, and all relevant documents will be distributed electronically to the evaluators including the RFA, evaluation worksheets for each Application, and written evaluation instructions.

After the initial meeting, evaluators will independently review and score the Applications. The evaluation panel will then convene again to discuss the individual scores to resolve questions and to discuss the basis for individual scores, but not for the evaluators to agree upon scoring. At the end of this discussion, each evaluator will be given an option to revise their scores.

Evaluators will make independent determinations for scores, including review and understanding of any additional information obtained by the group discussion. In the event a score is revised, the evaluator will strike out the original score, document the new score, and provide comments to support the revision.

If clarifying information is needed at any point, the Facilitator will contact Applicant(s) to obtain the necessary information. The Facilitator will then provide the information to the evaluation panel electronically or verbally, as appropriate.

If the evaluation process includes components such as oral interviews, product demonstration, and/or site visits, the Facilitator will coordinate those with evaluators. Individual scoring and any subsequent evaluation panel meetings with respect to such components must be conducted.

Once all ratings are finalized and documented, the Facilitator will collect individual evaluation worksheets to create a final evaluation scoring worksheet to present the regional evaluation panel recommendations to the full Regional Steering Committee for review and adoption. The results of the evaluation process and the Regional Steering Committee recommendations will be presented to the ICH Board for review and approval.

VIII. NEGOTIATIONS AND NOTICE OF INTENT TO AWARD
The County may require the potential Applicant(s) selected to participate in negotiations. This may include cost, technical, or other clarifications needed to make a decision.

A. Contract Negotiation
After selection, negotiations may be conducted with the Applicant(s) of the highest-ranked Application(s).

Negotiations, if held, shall be within the scope of work in the request for Applications . If the contract negotiations take place in San Bernardino County, California, the Applicant will be responsible for its travel and per diem expenses of its personnel.

In the event no proposals are received or selected for a region or regions, the County may negotiate with the highest-ranked Applicants to serve the region(s). The County may also reassign the funding from that region to the other regions in conjunction with the Interagency Council on Homelessness.

B. Failure to Negotiate
If the selected Applicant:

1. Fails to provide the information required to begin negotiations in a timely manner; or

2. Fails to negotiate in good faith; or

3. Indicates it cannot perform the Contract within the budgeted funds available for the Services; or

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Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

4. If the Applicant and the County, after a good faith effort, simply cannot come to terms;

Then the County may terminate negotiat ions with the Applicant initially selected and commence negotiations with the next highest rated Applicant.

C. Notice of Intent to Award (NOIA) – Applicant Notification of Selection After the completion of Contract negotiations, a written or electronic Notice of Intent to Award (NOIA) and denial letters (or a copy of the NOIA) will be issued to all Applicants . The issuance date of the NOIA is the date the NOIA was delivered by email or into the care of the United States Postal Service for delivery to the Applicant.

D. Review of Financial Performance
As indicated in Section VII, Section B, financial information may be used to evaluate and select the Application(s) deemed to be in the County’s best interest. Alternatively, at the County’s sole discretion, the financial performance of the intended Contractor may be assessed prior to Contract award. Financial performance deemed unsatisfactory by the County may result in non- award or a recommendation for award to another Applicant(s).

E. Award
A Contract will be awarded based on a competitive selection of Applications received. The contents of the Application of the successful Applicant will become contractual obligations and failure to accept these obligations in a Contract may result in cancellation of the award.

IX. APPEAL AND AWARD
In the event a dispute arises concerning the Application process prior to the award of the Contract, the Applicant raising the dispute shall submit a request for resolution in writing to the Purchasing Agent via the Office of Homeless Services. All Protests must be sent electronically to [email protected].

Applicant may appeal the recommended award or denial of award (Protest), provided the Protest:

1. I
s submitted in writing.

2. Is submitted within ten (10) calendar days of the issuance date of the NOIA.

A Protest can only be brought on the following grounds:

1. Failure of the County to follow the selection procedures and adhere to requirements specified in the RFA or any addenda or amendments.

2. V iolation of conflict of interest as provided by California Government Code Section 87100 et seq.

3. V iolation of State or Federal law.

Protests will not be accepted for any other reasons than those stated above.

Upon receipt of the formal Protest, the Purchasing Agent, or his/her designee, will attempt to resolve the Protest. A Protest shall be disallowed when, in the judgment of the Purchasing Agent it has been submitted:
(1) as a delay tactic; (2) for the purpose of posturing the Applicant advantageously for future procurement; (3) in a form that deviates from the one prescribed; (4) without adequate factual basis or merit; or (5) in an untimely manner.

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Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

The Purchasing Agent shall make a decision concerning the appeal, and notify the Applicant submitting the Protest, within a reasonable timeframe prior to the tentatively scheduled date for awarding the Contract. The decision of the Purchasing Agent shall be deemed final.

Alternatively, at the Purchasing Agent’s discretion, an Appeal Panel consisting of five (5) CoC members appointed by the ICH Chair shall hear the Protest. The Applicant will be provided reasonable notice of the time, date and location of the hearing. In the event that a protesting Applicant does not appear at the Protest hearing as scheduled, the Protest will be disallowed.

The hearing is informal, in that it is not subject to the strict rules of evidence or procedure, and live witnesses, if any, will not be sworn. All relevant evidence is admissible, including hearsay. It will be up to the Appeal Panel members to consider the credibility of the evidence and the weight to give it.

The Panel will determine by at least three (3) affirmative votes: 1) whether the Protest was submitted timely; 2) whether the Protest is based on at leas t one of the three designated grounds identified above; and 3) whether the grounds on which the Protest are based have been substantiated.

If any of the grounds are determined to be valid, the Panel will also decide if the valid portion of the Protest has so tainted the RFA process that it is unfair to the Applicant or whether the valid grounds for the Protest are in the nature of harmless error and that the RFA process was fair to the Applicant. The Panel will not re- evaluate the Applications.

The Purchasing Agent shall notify the Applicant making the P rotest of the decision, within a reasonable timeframe prior to the tentatively scheduled date for awarding the Contract. The decision of the Appeal Panel shall be deemed final.

An Applicant protesting the results of any of the processes described herein must follow the procedures set forth. By submitting a “Letter of Intent to Protest”, the Applicant has agreed that the protest procedures herein shall precede any action in a judicial or quasi-judicial tribunal regarding this Application. Protests that do not follow these procedures shall not be considered. The protest procedures constitute the sole administrative remedy available to the Applicant under this RFA. Upon exhaustion of this remedy no additional recourse is available.

X. TERMS AND CONDITIONS
The selected Applicant will be required to enter into a formal Contract with the County. This RFA sets forth some of the general provisions which will be included in the final Contract. In submitting a response to this RFA, Applicant will be deemed to have agreed to each clause unless the Application identifies an objection and County agrees to a change of language in writing. All objections to any Terms and Conditions must be listed on Attachment L – Exceptions to RFA, or any exception thereto shall be waived.

A. General

1. Contract Amendments
Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract and approved by the person(s) authorized to do so on behalf of Contractor and County.

2. Contract Assignability
Without the prior written consent of the County, the Contract is not assignable by Contractor either in whole or in part.

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Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

3. Contract Exclusivity
This is not an exclusive Contract. The County reserves the right to enter into a Contract with other Contractors for the same or similar Services. The County does not guarantee or represent that the Contractor will be permitted to perform any minimum amount of work, or receive compensation other than on a per order basis, under the terms of this Contract.

4. Attorney Fees and Costs
If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorneys’ fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney fees directly arising from a third-party legal action against a party hereto and payable under the Indemnification and Insurance Requirements.

5. Background Checks for Contractor Personnel
Contractor shall ensure that its personnel (a) are authorized to work in the jurisdiction in which they are assigned to perform Services; (b) do not use legal or illegal substances in any manner which will impact their ability to provide Services to the County; and (c) are not otherwise disqualified from performing the Services under applicable l aw. If requested by the County and not in violation of applicable law, Contractor shall conduct a background check, at Contractor’s sole expense, on all its personnel providing. If requested by the County, Contractor shall provide the results of the background check of each individual to verify that the individual meets Contractor’s standards for employment. Such background check shall be in the form generally used by Contractor in its initial hiring of employees or contracting for contractors or, as applicable, during the employment-screening process but must, at a minimum, have been performed within the preceding 12- month period.

Contractor personnel who do not meet the County’s hiring criteria, in County ’s sole discretion, shall not be assigned to work on County property or Services, and County shall have the right, at its sole option, to refuse access to any Contract personnel to any County facility.

6. Change of Address
Contractor shall notify the County in writing of any change in mailing address within ten (10) business days of the change.

7. Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.

8. Compliance with County Policy
In performing the Services and while at any County facilities, Contractor personnel (including subcontractors) shall (a) conduct themselves in a businesslike manner; (b) comply with the policies, procedures, and rules of the County regarding health and safety , and personal, professional and ethical conduct; (c) comply with the finance, accounting, banking, Internet, security, and/or other applicable standards, policies, practices, processes, procedures, and controls of the County; and (d) abide by all laws applicable to the County facilities and the provision of the Services, and all additions and modifications to each of subsections (b), (c), and (d) (collectively, “ County Policies”). County Policies, and additions or modifications thereto, may be communicated orally or in writing to Contractor or Contractor personnel or may be made available to Contractor or Contractor personnel by conspicuous posting at a County facility, electronic posting, or other means generally used by County to disseminate such information to its employees or contractors. Contractor shall be responsible for the promulgation and distribution of County Policies to Contractor personnel to the extent necessary and appropriate.

County shall have the right to require Contractor’s employees, agents, representatives and subcontractors to exhibit identification credentials issued by County in order to exercise any right of access under this Contract.

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Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

9. Confidentiality
Contractor shall protect from unauthorized use or disclosure names and other identifying information concerning persons receiving Services pursuant to this Contract, except for statistical information not identifying any participant. Contractor shall not use or disclose any identifying information for any other purpose other than carrying out the Contractor's obligations under this C ontract, except as may be otherwise required by law. This provision will remain in force even after the termination of the Contract.

10. Primary Point of Contact
The Contractor will designate an individual to serve as the primary point of contact for the Contract.

Contractor or designee must respond to County inquiries within two (2) business days. Contractor shall not change the primary contact without written acknowledgement to the County. Contractor will also designate a back-up point of contact in the event the primary contact is not available.

11. County Representative
The Chief of Homeless Services or his/her designee shall represent the County in all matters pertaining to the Services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the Services/Scope of Work by Contractor. If this contract was initially approved by the San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all amendments to this Contract.

12. Damage to County Property
Contractor shall repair, or cause to be repaired, at its own cost, all damage to County vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Contractor or employees or agents of the Contractor. Such repairs shall be made immediately after Contractor becomes aware of such damage, but in no event later than thirty (30) days after the occurrence.

If the Contractor fails to make timely repairs, the County may make any necessary repairs. For such repairs, the Contractor, shall repay all costs incurred by the County, by cash payment upon demand or County may deduct such costs from any amounts due to the Contractor from the County, as determined at County’s sole discretion.

13. Debarment and Suspension
The Contractor certifies that neither it nor its principals or subcontracts is presently de barred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See the following United States General Services Administration’s System for Award Management website https://www.sam.gov). Contractor further certifies that if it or any of its subcontractors are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.

14. Drug and Alcohol-Free Workplace
In recognition of individual rights to work in a safe, healthful and productive work place, as a material condition of this Contract , Contractor agrees that the Contractor and the Contractor’s employees, while performing service for the County, on County property, or while using County equipment:
a. Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.
b. Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.
c. Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person , except where Contractor or Contractor’s employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs.

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Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

Contractor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County’s objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for the County.

The County may terminate for default or breach of this Contract and any other Contract the Contractor has with the County, if the Contractor or Contractor’s employees are determined by t he County not to be in compliance with above.

15. Duration of Terms
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties, provided no such assignment is in violation of the provisions of this Contract.

16. Employment Discrimination
During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status. Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.

17. Environmental Requirements
In accordance with County Policy 11-08, the County prefers to acquire and use products with higher levels of post -consumer recycled content . Environmentally preferable goods and materials must perform satisfactorily and be available at a reasonable price. The County requires Contractor to use recycled paper for any printed or photocopied material created as a result of this Contract. Contractor is also required to use both sides of paper sheets for reports submitted to the County whenever practicable.

To assist the County in meeting the reporting requirements of the California Integrated Waste Management Act of 1989 (AB 939), Contractor must be able to annually report the County’s environmentally preferable purchases. Contractors must also be able to report on environmentally preferable goods used in the provision of Services to the County, utilizing a County approved form.

18. Improper Influence
Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of this contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of this Contract or shall have any relationship to the Contractor or officer or employee of the Contractor.

19. Improper Consideration
Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract.

The County, by written notice, may immediately terminate any Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of

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Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

the County with respect to the Application and award process. This prohibition shall apply to any amendment, extension or evaluation process once a Contract has been awarded.

Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with supervision of the employee or to the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.

20. Informal Dispute Resolution
In the event the County determines that service is unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.

21. Legality and Severability
The parties’ actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.

22. Licenses, Permits, and/or Certifications
Contractor shall ensure that it has all necessary licenses, permits and/or certifications required by Federal, State, County, and municipal laws, ordinances, rules and regulations. The Contractor shall maintain these licenses, permits, and/or certifications in effect for the duration of this Contract .

Contractor will notify County immediately of loss or suspension of any such licenses, permits, and/or certifications. Failure to maintain required licenses, permits, and certifications may result in immediate termination of this Contract.

23. Material Misstatement/Misrepresentation
If during the course of the administration of this Contract, the County determines that Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies.

24. Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of “good faith” and “fair dealing”.

25. Nondisclosure
Contractor shall hold as confidential and use reasonable care to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, confidential information that is either: (1) provided by the County to Contractor or an agent of Contractor or otherwise made available to Contractor or Contractor’s agent in connection with this Contract; or, (2) acquired, obtained, or learned by Contractor or an agent of Contractor in the performance of this Contract. For purposes of this provision, confidential information means any data, files, software, information or materials in oral, electronic, tangible or intangible form and however stored, compiled or memorialize and includes, but is not limited to: technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data.

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Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

26. Notice of Delays
Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this C ontract, that party shall, within twenty -four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party.

27. Ownership of Documents
All documents, data, products, graphics, computer programs and reports prepared by Contractor pursuant to the Contract shall be considered property of the County upon payment for services (and product, if applicable). All such items shall be delivered to County at the completion of work under the Contract. Unless otherwise directed by County, Contractor may retain copies of such items.

28. Reserved

29. Air, Water Pollution Control, Safety and Health
Contractor shall comply with all air pollution control, water pollution, safety and health ordinances and statutes, which apply to the work performed pursuant to this Contract.

30. Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto.

31. Release of Information
No news releases, advertisements, public announcements or photographs arising out of this the Contract or Contractor’s relationship with County may be made or used without prior written approval of the County.

32. Representation of the County
In the performance of the Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the County.

33. Strict Performance
Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Contract thereafter.

34. Subcontracting
Contractor agrees not to enter into any subcontracting Contract s for work contemplated under the Contract without first obtaining written approval from the County. Any subcontractor shall be subject to the same terms and conditions as Contractor. Contractor shall be fully responsible for the performance and payments of any subcontractor’s contract.

Contractor shall obtain County’s written consent, which County may withhold in its sole discretion, before entering into Contract s with or otherwise engaging any subcontractors who may supply any part of the Services to County. At County’s request, Contractor shall provide information regarding the subcontractor’s qualifications and a listing of a subcontractor’s key personnel including, if requested by the County, resumes of proposed subcontractor personnel. Contractor shall remain directly responsible t o County for its subcontractors and shall indemnify County for the actions or omissions of its subcontractors under the terms and conditions specified in Paragraph B of this Section X. All approved subcontractors shall be subject to the provision of this contract applicable to Contractor Personnel, including removal pursuant to subsection A.5 of this Section X.

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Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

For any subcontractor, Contractor shall:

34.1 Be responsible for subcontractor compliance with the Contract and the subcontract terms and conditions; and

34.2 Ensure that the subcontractor follows County ’s reporting formats and procedures as specified by County.

34.3 Include in the subcontractor’s subcontract substantially similar terms as are provided in Section V, Scope of Work.

Upon expiration or termination of this Contract for any reason, County will have the right to enter into direct Contract s with any of the Subcontractors. Contractor agrees that its arrangements with Subcontractors will not prohibit or restrict such Subcontractors from entering into direct Contracts with County.

35. Subpoena
In the event that a subpoena or other legal process commenced by a third party in any way concerning the Goods or Services provided under this Contract is served upon Contractor or County, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Contractor and County further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed, except as otherwise provided herein in connection with defense obligations by Contractor for County.

36. Termination for Convenience
The County reserves the right to terminate the Contract, for any reason, with a thirty (30) day written notice of termination. Such termination may include all or part of the services described herein. Upon such termination, payment will be made to the Contractor for services rendered and expenses reasonably incurred prior to the effective date of termination. Upon receipt of termination notice Contractor shall promptly discontinue services unless the notice directs otherwise. Contractor shall deliver promptly to County and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, forms, data, products, graphics, computer programs and reports.

37. Time of the Essence
Time is of the essence in performance of this Contract and of each of its provisions.

38. Venue
The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, San Bernardino County , San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third-party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County, San Bernardino District.

39. Reserved

40. Reserved

41. Fiscal Provisions
a. The maximum amount to be paid under this Contract shall be subject to availability of funds to the County. The consideration to be paid to Contractor, as provided herein, shall be in full payment for all Contractor’s Services and expenses incurred in the performance hereof, including travel and per diem.

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Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

b. Contractor shall provide County itemized invoices in a format acceptable to the County for Services performed under this Contract. Appropriate documentation for Services rendered with such disbursed funds must be submitted prior to receiving future quarterly disbursements. The County shall issue disbursement to Contractor within sixty (60) working days after receipt of quarterly disbursement request or the resolution of any billing dispute. c. Contractor shall accept all payments from County via electronic fund transfer (EFT) directly deposited into the Contractor’s designated checking or other bank account. Contractor shall promptly comply with directions and accurately complete forms provided by County required to process EFT payments.
d. County is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on Contractor or on any taxes levied on employee wages. The County shall only pay for any State or local sales or use taxes on the Services rendered or equipment and/or parts supplied to the County pursuant to the Contract.
e. Costs for Services under the terms of this Contract shall be incurred during the Contract period.

Contractor shall not use current year funds to pay prior or future year obligations.

42. Reserved

43. Executive Order N-6-22 – Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N -6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country- information/ukraine-russia-related-sanctions), as well as any sanctions imposed under state law (https://www.dgs.ca.gov/OLS/Ukraine-Russia). By submitting a bid or application, Applicant represents that it is not a target of Economic Sanctions. Should it be determined Applicant is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Applicant ’s bid/ application any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the County.

44. California Consumer Privacy Act
To the extent applicable, if Contractor is a business that collects the personal information of a consumer(s) in performing Services pursuant to this Contract, Contractor must comply with the provisions of the California Consumer Privacy Act (CCPA). (Cal. Civil Code §§1798.100, et seq.).

For purposes of this provision, “business,” “consumer,” and “personal information” shall have the same meanings as set forth at Civil Code section 1798.140. Contractor must contact the County immediately upon receipt of any request by a consumer submitted pursuant to the CCPA that requires any action on the part of the County, including but not limited to, providing a list of disclosures or deleting personal information. Contractor must not sell, market or otherwise disclose personal information of a consumer provided by the County unless specifically authorized pursuant to terms of this Contract. Contractor must immediately provide to the County any notice provided by a consumer to Contractor pursuant to Civil Code section 1798.150(b) alleging a violation of the CCPA, that involves personal information received or maintained pursuant to this Contract. Contractor must immediately notify the County if it receives a notice of violation from the California Attorney General pursuant to Civil Code section 1798.155(b).

45. Campaign Contribution Disclosure (SB 1439)
Contractor has disclosed to the County using a County approved form , whether it has made any campaign contributions of more than $250 to any member of the Board of Supervisors or County elected officer [Sheriff, Assessor-Recorder-Clerk, Auditor-Controller/Treasurer/Tax Collector and the District Attorney] within the earlier of: (1) the date of the submission of Contractor’s Application to the County, or (2) 12 months before the date this Contract was approved by the Board of Supervisors or

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Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

Purchasing Department. Contractor acknowledges that under Government Code section 84308, Contractor is prohibited from making campaign contributions of more than $250 to any member of the Board of Supervisors or other County elected officer for 12 months after the County’s consideration of the Contract.

In the event of a proposed amendment to this Contract, the Contractor will provide the County a written statement disclosing any campaign contribution(s) of more than $250 to any member of the Board of Supervisors or other County elected officer within the preceding 12 months of the date of the proposed amendment.

Campaign contributions include those made by any agent/person/entity on behalf of the Contractor or by a parent, subsidiary or otherwise related business entity of Contractor.

B. Indemnification and Insurance Requirements

1. Indemnification
Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers (Indemnitees) from any and all claims, actions, losses, damages and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by t he County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of Indemnitees. The Contractor indemnification obligation applies to t he County’s “active” as well as “passive ” negligence but does not apply to t he County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.

Additional Insured
All policies, except for the Workers' Compensation, Errors and Omissions and Professional Liability policies shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the performance of Services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.

Waiver of Subrogation Rights
The Contractor shall require the carriers of the required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, Contractors, and Subcontractors. All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim. The Contractor hereby waives all rights of subrogation against the County.

Policies Primary and Non-Contributory
All policies required herein are to be primary and non- contributory with any insurance or self - insurance programs carried or administered by the County.

Severability of Interests
Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross- liability exclusions that preclude coverage for suits between the Contractor and County or between the County and any other insured or additional insured under the policy.

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Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

Proof of Coverage
Contractor shall furnish Certificates of Insurance to the County Department administering the Contract evidencing the insurance coverage at the time the C ontract is executed, additional endorsements, as required shall be provided prior to the commencement of performance of Services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of Services hereunder until the completion of such Services. Within fifteen (15) days of the commencement of this C ontract, Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.

Acceptability of Insurance Carrier
Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best” Insurance Guide rating of “A- VII”.

Deductibles and Self-Insured Retention
Any and all deductibles or self -insured retentions in excess of $10,000 shall be declared to and approved by Risk Management.

Failure to Procure Coverage
In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, t he County has the right but not the obligation or duty to cancel the Contract or obtain insurance if it deems necessary and any premiums paid by t he County will be promptly reimbursed by the Contractor or County payments to the Contractor(s)/Applicant(s) will be reduced to pay for County purchased insurance.

Insurance Review
Insurance requirements are subject to periodic review by t he County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interest of the County. In addition, if Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the these insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County’s risk.

Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt.

Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.

2. Insurance Specifications
Contractor agrees to provide insurance set forth in accordance with the requirements herein. If Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Contractor agrees to amend, supplement or endorse the existing coverage to do so.

5.b
Packet Pg. 121
Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

Without in any way affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the contract term the following types of insurance with limits as shown:

Workers' Compensation/Employers Liability
A program of Workers' Compensation insurance or a State -approved Self-Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with two hundred and fifty thousand dollar ($250,000) limits, covering all persons, including volunteers, providing Services on behalf of the Contractor and all risks to such persons under this Contract.

If Contractor has no employees, it may certify or warrant to County that it does not currently have any employees or individuals who are defined as “employees” under the Labor Code and the requirement for Workers’ Compensation coverage will be waived by the County’s Director of Risk Management.

With respect to Contractors that are non -profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers’ Compensation insurance.

Commercial/General Liability Insurance
Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:
a. Premises operations and mobile equipment.
b. Products and completed operations.
c. Broad form property damage (including completed operations) d. Explosion, collapse and underground hazards.
e. Personal Injury
f. Contractual liability
g. $2,000,000 general aggregate limit

Automobile Liability Insurance
Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence.

If Contractor is transporting one or more non-employee passengers in performance of Services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence.

If Contractor owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable.

Umbrella Liability Insurance
An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a “dropdown” provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.

Directors and Officers Insurance coverage with limits of not less than one million ($1,000,000) shall be required for Contracts with charter labor committees or other not-for-profit organizations advising or acting on behalf of the County.

5.b
Packet Pg. 122
Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

If insurance coverage is provided on a “claims made” policy, the “retroactive date” shall be shown and must be before the date of the start of the Contract work. The claims made insurance shall be maintained or “tail” coverage provided for a minimum of five (5) years after Contract completion.

Abuse/Molestation Insurance – Contractor shall have abuse or molestation insurance providing coverage for all employees for the actual or threatened abuse or molestation by anyone of any person in the care, custody, or control of any insured, including negligent employment, investigation and supervision. The policy shall provide coverage for both defense and indemnity with liability limits of not less than one million dollars ($1,000,000) with a two million dollars ($2,000,000) aggregate limit.

C. R ight to Monitor and Audit

1. Right to Monitor
The County, State and Federal governments shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have the absolute right to monitor the performance of Contractor in the delivery of Services provided under this Contract. Contractor shall give full cooperation, in any auditing or monitoring conducted. Contractor shall cooperate with the County in the implementation, monitoring and evaluation of this Contract and comply with any and all reporting requirements established by the County. Contractor shall repay to County within thirty (30) days of receipt of audit findings any reimbursements made by County to Contractor that are determined by subsequent audit to be unallowable pursuant to the terms of this Contract or by law.

2. Records
Contractor shall maintain all records and books pertaining to the delivery of S ervices under this Contract and demonstrate accountability for Contract performance. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records shall be considered grounds for withholding of payments for invoices submitted and/or termination of Contract.

All records relating to the Contractor’s personnel, Contractor s, Subcontractors, Service/Scope of Work and expenses pertaining to this Contract shall be kept in generally acceptable accounting format. Records should include primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must comply with the appropriate Office of Management and Budget (OMB) Circulars which state the administrative requirements, cost principles and other standards for accountancy.

All records pertaining to S ervices delivered and all fiscal, statistical and management books and records shall be available for examination and audit by County representatives for a period of three years after final payment under the Agreement or until all pending County, State and Federal audits are completed, whichever is later.

D. Correction of Performance Deficiencies

1. In the event of a problem or potential problem that could impact the quality or quantity of work, Services, or the level of performance under this Contract, Contractor shall notify the County within one (1) working day, in writing and by telephone.

2. Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract.

3. Contractor’s Primary Contact and County Representative shall attempt in good faith to promptly resolve any dispute, controversy or claim arising out of this Contract. If these representatives are

5.b
Packet Pg. 123
Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

unable to resolve a dispute, controversy or claim with ten (10) days after the initial request for a meeting, then the dispute shall be submitted to an executive-level performance review.

If the Primary Contact and County Representative are not successful in resolving the dispute, negotiations shall be conducted by the Chief Executive Officer, or designee and the highest level executive for Contractor. If these representatives are unable to resolve the dispute within ten (10) days after the representatives have commenced negotiations, or 20 days have passed since the initial request for negotiations at this level, the Parties may agree in writing to submit the dispute to mediation.

4. In the event of a non -cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract. a. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County;
b. Withhold funds pending duration of the breach;
c. Discontinue disbursements to Contractor for and during the period in which Contractor is in breach, which disbursement shall not be entitled to later recovery; d. Offset against any monies billed by Contractor but yet unpaid by the County; e. Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In the event of such termination, the County may proceed with the work in any manner deemed proper by t he County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand.

5. Unless a remedy is specifically designated as exclusive, no remedy conferred by any of the specific provision of the Contract is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder, now or hereafter existing at law or in equity or by statue or otherwise. The election of any one or more remedies by either Party shall not constitute a waiver of the right to pursue other available remedies. thumped

5.b
Packet Pg. 124
Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

ATTACHMENT A – COVER PAGE
Use this checklist to ensure that all items requested have been included.

Items Completed Page(s)

1. Attachment A – Cover Page

2. Attachment B – Statement of Certification

3. Attachment C – Statement of Experience and Qualifications

4. Attachment D – Licenses, Permits, and/or Certifications

5. Attachment E – Certification Regarding Debarment or Suspension; California Secretary of State Business Entity Registration

6. Attachment F – Project Team Organization Chart

7. Attachment G – Project Description

8. Attachment H – Work Plan and Schedule

9. Attachment I – Cost

10. Attachment J – References

11. Attachment K – Employment of Former County Officials

12. Attachment L – Exceptions to RFA

13. Attachment M – Public Records Act Exemptions

14. Attachment N – Indemnification and Insurance Requirements Affidavit

15. Attachment O – Campaign Contribution Disclosure (SB 1439)

16. Financials (Two Years)

Applicant Name:

Mailing Address:

Telephone No.: ( ) FAX No.: ( )
Email Address:

Federal Tax ID:

RFA Contact:

Name of Authorized Representative:

Title of Authorized Representative:

By signing below, the individual acknowledges that he/she has the authority to bind the Applicant to the terms of the Application. The individual further acknowledges that he/she has read and understands the RFA, the contents of the Application and the Attachments, and attests to the accuracy of the information submitted therein.

Signature of Authorized Representative:

Date:

5.b
Packet Pg. 125
Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

ATTACHMENT B

STATEMENT OF CERTIFICATION

The following statements are incorporated in our response to San Bernardino County.

Statement Agree
(initial)
Agree with qualification
(initial and attach
explanation)

1. The offer made in the Application is firm and binding for nine (9) months from the date the Application is opened.

2. All aspects of the Application , including cost, have been determined independently, without consultation with any other Applicant or competitor for the purp
ose of restricting
competition.

3. All declarations in the Application and attachments are true and that this shall constitute a warranty, the falsity of which will entitle the County to pursue any remedy by law.

4. Applicant agrees that all aspects of the RF A and the Application submitted shall be binding if the Application is selected and a Contract awarded.

5. Applicant agrees to provide the County with any other information the County determines is necessary for an
accurate determination of the Applicant’s ability to perform the Services as proposed.

6. Applicant, if selected will comply with all applicable rules, laws and regulations.

7. The RFA has been reviewed in its entirety and Applicant has no exceptions to any requirements, terms, or conditions , except as noted in Attachment L.

5.b
Packet Pg. 126
Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

ATTACHMENT C

STATEMENT OF EXPERIENCE AND QUALIFICATIONS

1. Leg
al name of Business:

2. T
ype of legal entity (such as corporation, partnership, etc.):

3. E
ntity number (if Applicant is a business entity that must be registered with the California Secretary of State):

4. N
umber of years the Applicant has been in business under the present business name, as well as related prior business names.

5. D
oes the Applicant have any commitments or potential commitments that may impact the Applicant’s ability to perform the Contract, if awarded.  Yes
 No
I
f yes, please explain:

6. A
pplicant’s statement of experience and qualifications as it relates to proposed project:

5.b
Packet Pg. 127
Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

ATTACHMENT D
LICENSES, PERMITS, and/or CERTIFICATIONS

TYPE ( i.e.: License, Permit, Certifications) EXPIRATION Include DIR Registration No. of Contractor and Subcontractors

5.b
Packet Pg. 128
Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

ATTACHMENT E
CERTIFICATION REGARDING DEBARMENT OR SUSPENSION; CALIFORNIA SECRETARY OF

STATE BUSINESS ENTITY REGISTRATION

In compliance with contracts and grants Contracts applicable under the U.S. Federal Awards Program, the following certification is required by all Applicants submitting a response to this RFA:

1. The Applicant certifies, to the best of its knowledge and belief, that neither the Applicant nor its Principals are suspended, debarred, proposed for debarment, or declared ineligible for the award of contracts from the United States federal government procurement or nonprocurement programs, or are individually or collectively listed as such in the United States General Services Administration’s System for Award Management (SAM) website (www.sam.gov).

2. The Applicant certifies, to the best of its knowledge and belief, that neither any subcontractor listed in its Application, nor subcontractor’s Principals are suspended, debarred, proposed for debarment, or declared ineligible for the award of contracts from the United States federal government procurement or nonprocurement programs, or are individually or collectively listed as such in the United States General Services Administration’s System for Award Management (SAM) website (www.sam.gov).

3. “Principals,” for the purposes of this certification, means officers, directors, owners, partners, and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of a subsidiary, division, or business segment, and similar positions).

4. The Applicant shall provide immediate written notice to the Purchasing Agent if, at any time prior to award, the Applicant learns that this certification was erroneous when submitted or has become erroneous by reason of changes in circumstances.

5. This certification is a material representation of fact upon which reliance will be placed when making the award. If it is later determined that the Applicant rendered an erroneous certification, in addition to other remedies available to the San Bernardino County government, the County may terminate the Contract resulting from this RFA for default.

6. Applicant affirms that neither it, nor any subcontractor listed in the Application, has any recent unsatisfactory performance with the County during the past twenty-four (24) months at a minimum.

7. Applicant also certifies that if it or any of the subcontractors listed in the Application are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.

5.b
Packet Pg. 129
Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

ATTACHMENT F

PROJECT TEAM ORGANIZATION CHART

Include an organization chart illustrating the project team, and clearly show the organization of the team and the hierarchy of the members. It must include:

1. Organizational framework for the proposed project team.

2. Position title and staff name for each role identified in the chart.

3. Resumes of key personnel, including qualifications, education, and project experience.

5.b
Packet Pg. 130
Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

ATTACHMENT G

PROJECT DESCRIPTION

Indicate the SBC CoC Region in which the proposed project service activities will be provided. *If proposing services for more than one region, submit a separate Application for each region.

☐ Central Valley Region
☐ Desert Region
☐ East Valley Region
☐ Mountain Region
☐ West Valley Region

☐ Services specifically for Homeless Youth

Housing First
HHAP-4 f unded projects shall align and comply with the core components of Housing First as defined in Welfare and Institutions Code 8255(b). Check box to affirm the proposed project will conform with Housing First. ☐ Yes, this project will conform with Housing First.

Coordinated Entry System (CES)
HHAP- 4 funded projects are to be integrated within the local CES. Check box to affirm the proposed project will be integrated within the local CES.
☐ Yes, this project will be integrated within the local CES.

Homeless Management Information System (HMIS)
HHAP-4 f
unded project s are to be tracked within the local HMIS. Check box to affirm the proposed project will participate in HMIS.
☐ Yes, this project will participate in the local HMIS.

This section of the Application should address the following:

1. Project Description: A detailed description of the proposed project, its purpose, and its beneficiaries.

Consider items addressed under Section V. Scope of Work in your project description. Include a n explanation of any assumptions or constraints.

2. Measurable Outcomes: Include measurable outcomes and how these will be tracked. Outcomes should contribute to meeting the following performance measures:
• Reducing the number of persons experiencing homelessness. • Reducing the number of persons who become newly homeless each year. • Increasing the number of people exiting homelessness into permanent housing. • Reducing the length of time persons remain homeless.
• Reducing the number of persons who return to homelessness within two years after exiting homelessness to permanent housing.
• Increasing successful placements from street outreach.

(Please note that individual project proposals are expected to contribute to impacting the performance measures and not achieving the identified measure through a single project.)

5.b
Packet Pg. 131
Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

3. Administrative Capacity: Briefly describe your agency/organization’s administrative capacity to effectively implement the proposed project and submit timely documentation and reports.

4. Project Sustainability: An explanation of how the project will be sustained after this one- time funding is exhausted. If project is not sustainable after these one-time funds are exhausted, explain how these one- time funds result in immediate homelessness resolution without the need for long-term funding.

5. Long Term Results: T he project’s long- term results and how they will be produced through implementation of the project.

6. Collaboration: The names of the service providers and/or municipalities with which there will be collaboration. Include details of the collaboration efforts such as what role(s) each partner has in implementing the proposed project.

5.b
Packet Pg. 132
Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

ATTACHMENT H – WORK PLAN AND SCHEDULE

Include the following:

1. Summary of management/work plan for this Project.

2. Project schedule

5.b
Packet Pg. 133
Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

ATTACHMENT I – COST

Eligible Use Category Description of activities to be
funded
Funding
Amount Number to be served
Rapid rehousing

 individuals
 households
Operating subsidies

 individuals
 households
Street outreach

 individuals
 households
Delivery of permanent
housing and innovative
housing solutions

 individuals
 households
Prevention and shelter
diversion

 individuals
 households
Interim sheltering

 individuals
 households
Improvements to existing
emergency shelters

 individuals
 households

5.b
Packet Pg. 134
Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

ATTACHMENT J – REFERENCES
Name of Agency
Contact
Name/Address Phone Number/Email
Dates services provided
(from/through*)
Provide a minimum of three (3) customer references Applicant has contracted with, providing the same service as requested in this RFA.
*Enter “Present” if still providing the services (Example: 10/08/13 - present).

5.b
Packet Pg. 135
Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

ATTACHMENT K

EMPLOYMENT OF FORMER COUNTY OFFICIALS

NAME

5.b
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Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

ATTACHMENT L – EXCEPTIONS TO RFA

APPLICANT NAME

ADDRESS

TELEPHONE# (
) ___ FAX # ( )

I have reviewed the RFA in its entirety and have the following exceptions: (Please identify and list your exceptions by indicating RFA, the Section or Paragraph number, and Page number, as applicable. Be specific about your objections to content, language, or omissions. Add as many pages as required.)

5.b
Packet Pg. 137
Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

ATTACHMENT M – PUBLIC RECORDS ACT EXEMPTIONS

APPLICANT NAME _______

ADDRESS ________

TELEPHONE# ( ) __
FAX # ( )

Applicant r equests that specific portions of the contents of this Application be held confidential and not subject to public disclosure pursuant to the Public Records Act. The specific portions are detailed below: (Please identify and list your exemptions by indicating the Section or Paragraph number, and Page number, of the Application where the content is contained.) Each stated exemption must include a citation to supporting legal authority, including statutory authority or case law, to support exemption from the Public Records Act.

Requested exemptions that does not meet the requirements of this section will not be considered.

5.b
Packet Pg. 138
Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

ATTACHMENT N - INDEMNIFICATION AND INSURANCE REQUIREMENTS AFFIDAVIT

THE APPLICANT’S INSURANCE COMPANY(S) OR INSURANCE AGENT MUST COMPLETE THIS FORM AND
THE APPLICANT MUST SUBMIT THIS COMPLETED AFFIDAVIT WITH THE APPLICATION.

I, the undersigned (Please check one box)  underwriter  agent/broker, certify that I and the Applicant listed below have jointly reviewed the “Insurance Requirements” in this Request for Application (RFA). If the San Bernardino County (“County”) awards the Applicant the Contract for this project, I will be able—within fourteen (14) calendar days after the Applicant is notified of the Contract’s award—to furnish the County with all the required, insurance certificate(s) and endorsement(s) as specified in Section X, Paragraph B. Indemnification and Insurance Requirements.

Insurance Broker / Agency Name Date

Insurance Broker’s / Agent’s Name (Printed) Insurance Broker’s / Agent’s Name (signature)

Address City State Zip Code

Telephone Number FAX Number Email Address

Applicant’s Name County RFA Name and Number
Below State the Name of Insurance Company Providing Coverage:

DO NOT write “Will Provide,” “To Be Determined,” “When required,” or similar phrases.

Commercial General Liability Automobile Liability

Workers’ Compensation Liability Professional Liability

Cyber Liability Pollution Liability

Sexual Abuse Liability

[NOTE TO APPLICANT : See Section X, Paragraph B. Indemnification and Insurance Requirements, for details on the basic requirements and types of insurance for this agreement.]

NOTE TO THE UNDERWRITER / AGENT-BROKER: If the insurance forms that the Applicant submits to the County do not fully comply with the Insurance Requirements, and/or if the Applicant fails to submit the forms within the 14- day time limit, the County may: (1) declare the Applicant ’s Application non- responsive, and (2) award the Contract to the next highest ranked Applicant.

If you have any questions about the Insurance Requirements, please contact San Bernardino County - Risk Management Department, via e- mail [email protected] ( Please provide name of RFA with your email question(s)).

5.b
Packet Pg. 139
Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

Attachment O
Campaign Contribution Disclosure
(SB 1439)

APPLICATION INFORMATION

Request for Application Title:

Request for Application Number:

DEFINITIONS

Actively supporting the matter: (a) Communicate directly with a member of the Board of Supervisors or other County elected officer [Sheriff, Assessor -Recorder-Clerk, District Attorney, Auditor -Controller/Treasurer/Tax Collector] for the purpose of influencing the decision on the matter; or (b) testifies or makes an oral statement before the County in a proceeding on the matter for the purpose of influencing the County’s decision on the matter; or (c) communicates with County employees, for the purpose of influencing the County’s decision on the matter; or (d) when the person/company’s agent lobbies in person, testifies in person or otherwise communicates with the Board or County employees for purposes of influencing the County’s decision in a matter.

Agent: A
third -party individual or firm who, for compensation, is representing a party or a participant in the matter submitted to the Board of Supervisors. If an agent is an employee or member of a third-party law, architectural, engineering or consulting firm, or a similar entity, both the entity and the individual are considered agents.

Otherwise related entity: An ot herwise related entity is any for-profit organization/company which does not have a parent-subsidiary relationship but meets one of the following criteria:
(1) O ne business entity has a controlling ownership interest in the other business entity; (2) there is shared management and control between the entities; or (3) a controlling owner (50% or greater interest as a shareholder or as a general partner) in one entity also is a controlling owner in the other entity.

For purposes of (2), “shared management and control” can be found when the same person or substantially the same persons own and manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees, or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a regular and close working relationship between the entities.

Parent-S
ubsidiary Relationship: A parent-subsidiary relationship exists when one corporation has more than 50 percent of the voting power of another corporation.

Applicants must respond to the questions on the following page. If a question does not apply respond N/A or Not Applicable.

5.b
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Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

1. Name of Entity/Individual submitting an Application:

2. Is the entity listed in Question No.1 a nonprofit organization under Internal Revenue Code section 501(c)(3)? Yes ☐ If yes, skip Question Nos. 3-4 and go to Question No. 5 No ☐

3. Name of Principal (i.e., CEO/President) of entity listed in Question No. 1, if the individual actively supports the matter and has a financial interest in the decision: __________________________________________

4. If the entity identified in Question No.1 is a corporation held by 35 or less shareholders, and not publicly traded (“closed corporation”), identify the major shareholder(s): _________________________________

5. Name of any parent, subsidiary, or otherwise related entity for the entity listed in Question No. 1 (see definitions above):

Company Name Relationship

6. Name of agent(s) of Contractor:

Company Name Agent(s) Date Agent Retained
(if less than 12 months prior)

7. N ame of Subcontractor(s) (including Principal and Agent(s)) that will be providing services/work under the proposed contract if the subcontractor (1) actively supports the matter and (2) has a financial interest in the decision and (3) will be possibly identified in the contract/agreement with the County or board governed special district.

Company Name Subcontractor(s): Principal and/or Agent(s):

8. Was a campaign contribution, of more than $250, made to any member of the San Bernardino County Board of Supervisors or other County elected officer on or after January 1, 2023, by any of the individuals or entities listed in Question Nos. 1-7?
No ☐ If no, please skip Question No. 9.

Yes ☐ If yes, please continue to complete this form.

5.b
Packet Pg. 141
Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

9. Name of Board of Supervisor Member or other County elected officer:

Name of Contributor:

Date(s) of Contribution(s):

Amount(s):

Please add an additional sheet(s) to identify additional Board Members/County elected officers to whom anyone listed made campaign contributions.

By signing the Application, Applicant certifies that the statements made herein are true and correct. The Applicant understands that the individuals and entities listed in Question Nos. 1- 7 are prohibited from making campaign contributions of more than $250 to any member of the Board of Supervisors or other County elected officers while this matter is pending and for 12 months after a final decision by the County.

5.b
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Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

EXHIBIT A

PROJECT APPLICATION SCORING GUIDELINES

The Homeless Housing, Assistance, and Prevention Round 4 (HHAP-4) Program funding provides local jurisdictions with funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges informed by a best -practice framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing.

All HHAP Applications will be reviewed by regional evaluation panels within the respective Regional Steering Committee. Funding recommendations will be presented to the Interagency Council on Homelessness for final approval.

Project Applications will be reviewed and scored by the regional evaluation panels based on the following:

• The extent to which the proposed project aligns with the Strategies to Achieve Outcome Goals outlined in the Local Homelessness Action Plan.
• The extent to which the proposed project expend funds on evidence- based solutions that address and prevent homelessness among eligible populations – persons who are currently experiencing or at imminent risk of homelessness.
• The extent to which the proposed project addresses a priority activity and/or target population. • The extent to which the proposed project aligns with SBC CoC goals, strategies, and services, both short- term and long- term, to make the experience of homelessness rare, brief, and non -recurring in San Bernardino County.

Housing First Emphasis (Pass or Fail)
• Does the proposed project conform with Housing First? Yes or No • Does the A pplicant organization emphasize H ousing First practices that include rapid placement and stabilization for housing permanency without service participation requirements or preconditions? Yes or No

A. Addressing Regional Needs & CoC Outcome Goals (30 points) • The extent to which the proposed project addresses one or more of the Strategies to Achieve Outcome Goals outlined in the Local Homelessness Action Plan.
• The extent to which the proposed project addresses an identified or otherwise unmet Regional service need.
• The extent to which the Applicant has an existing service presence within the Region.

B. Project Focus (30 points)
• The extent to which the proposed project helps to expand or develop regional sheltering and housing capacity to address immediate homelessness challenges.
• The extent to which the proposed project applies a best-practice framework focused on moving homeless individuals and families into permanent housing and/or supporting the efforts of those individuals and families to maintain their permanent housing.
• The extent to which the proposed project will expend funds on evidence- based solutions that address and prevent homelessness among eligible populations.

5.b
Packet Pg. 143
Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates) San Bernardino County
Office of Homeless Services
Request for Application
Homeless Housing, Assistance
and Prevention Program
Round 4
No. OHS 24-01

C. Coordination and Collaboration (20 points)
• The extent to which the proposed project supports regional coordination and collaboration to address immediate homelessness challenges.
• The extent to which the applicant will coordinate the proposed project activities through the CoC coordinated entry system and within the CoC homeless crisis response system structure. • The extent to which the proposed project involves a multi-agency/entity collaboration. • The extent to which the applicant leverages funding and resources in collaboration with other agencies/entities.

D. Experience and Capacity (20 points)
• The applicant’s experience and capacity in providing similar services, the length and type of experience it has working with homeless service populations, the quality of programs/services it provides and the experience level of key staff.
• The applicant’s ability and capacity to begin implementation of the proposed project upon HHAP -4 contract execution.
• The extent to which the applicant’s proposed project supplements any current program funding. • The applicant’s ability and capacity to document, track, and report eligible use of funds and measurable outcomes as required by the state.
• The applicant’s proposed budget costs are adequate, efficient, and realistic to complete the project and meet proposed outcomes.

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Attachment: RFA 24-01 OHS HHAP-4_FINAL (4392 : Agreement - Blais & Associates)

ITEM NO. 6

STAFF REPORT

DATE: FEBRUARY 20, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVAL OF CONTRACT CHANGE ORDER NO. 1 FOR THE FY 2022-2023 CITYWIDE ROOF REPAIR PROJECT WITH CORONA
COATINGS CORP.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve Change Order No. 1 for the FY 2022 -2023 Citywide Roof Repair Project with Corona Coatings in the amount of $8,884.00 and authorize the City Manager to execute Change Order No. 1.

BACKGROUND

On April 18, 2023, the City Council of the City of Colton awarded a construction contract for $94,179.00 to Corona Coatings Corp. for the FY 2022-23 Citywide Roof Repair Project.

ISSUES/ANALYSIS

Since the approval of the construction contract, a need to repair the roofs at the Colton Library and the Thompson Teen Center was identified.

The contractor submitted a cost proposal for Change Order No. 1 that reflects the scope of the increased work, including the Colton Library roof repair and the Thompson Teen Center roof repair. The total amount of the scope identified is $8,884.00 ; the breakdown is shown in Exhibit “A.” Change Order No. 1 reflects a 9.4% increase in t he total contract amount. Once Change Order No. 1 is approved, the new contract amount with Corona Coating Corp. will be $103,063.00.

6 Packet Pg. 145
Staff Report to the Mayor and City Council
Change Order - Corona Coatings
February 20, 2024

FISCAL IMPACTS

Sufficient appropriations necessary to cover the cost of Change Order No. 1 are budgeted and available i n the FY2023 -24 budget in Building Maintenance Fund Building Capital Outlay account number 605-6150-6211-4950-0000-000.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A - Contract Change Order No. 1
6 Packet Pg. 146
DATE:

FROM: Tony Soto
TO:

INSTRUCTIONS TO THE CONTRACTOR AT THE REQUEST OF THE PROJECT MANAGER:

Add additional roof repairs to the original scope of work I. ADDITIONAL QUANTITY
Item No. Description of Work Quantity Unit Unit Cost Total Cost 1 1.00 LS 2,884.00$ = 2,884.00$
2 1.00 LS 6,000.00$ 6,000.00$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
TOTAL AMOUNT OF CHANGE ORDER #1 TOTAL = 8,884.00$
III. CONTRACT AMOUNT RECONCILLATION
ORIGINAL AMOUNT OF CONTRACT = 94,179.00$
CHANGE ORDER NO.1 = 8,884.00$
TOTAL COST OF CONTRACT AS PER CHANGE ORDER NO. 1 = 103,063.00$ Brian A. Dickinson, Public Works & Utilitity Services Director DATE Bill Johnson, Corona Coatings Corp. DATE
Execution of this Change Order by the Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the Owner from all claims, demands, costs, and liabilities, in Contract, law or equity, arising out of or related to the subject of the change order, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and all consequential damages.

William R. Smith, City Manager DATE
Thompson Teen Center Roof Repair
* Remove old rubber material and clean metal
* Install Polyester fabric with 2 coats of elastomeric acrylic coating * Warranty: 5 years labor & materials against water leakage

CITY OF COLTON
January 22, 2024
CONTRACT CHANGE ORDER NO. 1
The amount of the contract will be increased by the sum of $8,884.00 (9.43% of the contract amount) and contract time shall be extended until June 30, 2024.

The undersigned Contractor approves the foregoing Change Order # 1 as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order # 1. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of the directly or indirectly related to the approved time extension, required to complete the Change Order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner.

Library Roof Repair
FY 2022-23 Citywide Roof Repair Project

PUBLIC WORKS DEPARTMENT- ENGINEERING SECTION
Corona Coatings Corp.
502 Colton Ave.

Colton, CA 92324-3020
1 of 1

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Attachment: Exhibit A - Contract Change Order No. 1 (4379 : Change Order - Corona Coatings)

ITEM NO. 7

STAFF REPORT

DATE: FEBRUARY 20, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE THE COLTON WATER UTILITIES DEPARTMENT
UPDATED BRANDING AND LOGO.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve the City of Colton Water Utilities logo for use on all Uniform, stationary, business cards, vehicles, equipment, legal correspondences, outreach, and contracts and transmittals.

BACKGROUND

The logo serves as a visual brand identity establishing standards for consistency and ensuring the integrity of the Water Utilities Divisions. The current logo as seen below depicts an incandescent light bulb in a w ater drop. In response to the department’s evolution following its separation from the Electric department in July 2023, staff embarked on a comprehensive re -branding project. This initiative aims to redefine our identity, shifting focus towards environmen tal stewardship and community well-being. Our new brand will reflect our dedication to innovation, reliability, and community engagement. By fostering a culture that prioritizes staff support, we envision a harmonious blend of professional growth and serv ice excellence. Through this rebranding, we aim to consolidate the different facets of the water utility department into a singular, distinctive identity that embodies our core values.

Current Logo Re-Branded Logo

7 Packet Pg. 148
Staff Report to the Mayor and City Council
Colton Water Utilities Department Branding Project
February 20, 2024

The City of Colton stands uniquely apart in the region with our approach to water storage through the distinctive elevated water reservoir. Unlike common water storage tanks in the area, our elevated reservoir not only ensures efficient water distributi on but also offers a picturesque silhouette against the backdrop of the majestic San Bernardino Mountains. The incorporation of the mountains and the elevated water reservoir in our re-branded logo signifies the harmonious integration of natural surroundings with modern infrastructure, emphasizing our commitment to sustainability and environmental consciousness.

ISSUES/ANALYSIS

Several water and wastewater department logos have been used internally for several years.

There are no records that any logos were Council approved which has resulted in the Utility not using it for official use.

The design was developed by a graphic artist. The focus of the design was to identify and depict resources for a sustainable future in Colton.

FISCAL IMPACTS

There is no significant fiscal impact. Sufficient appropriations are available in the FY 2023/24 adopted Water and Wastewater budgets for the needed supplies, uniforms, business cards and other necessary branding items.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Colton Water Utilities Logo
7 Packet Pg. 149

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Attachment:

ITEM NO. 8

STAFF REPORT

DATE: FEBRUARY 20, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: AUTHORIZE THE AWARD OF CONTRACT TO DM
CONTRACTING, INC., FOR THE FY 23/24 CITYWIDE SIDEWALK
REPAIR PROJECT, IN THE AMOUNT OF $471,269.50.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Authorize the award of construction contract for the FY2023-24 Citywide Sidewalk Repair Project to DM Contracting, Inc.as the lowest responsive and responsible bidder in the amount of $471,269.50; and

2. Authorize the City Manager the City Manager to execute the contract agreement with DM Contracting, Inc.

BACKGROUND

The FY2023-24 Citywide Sidewal k Repair Project is intended for repair of damaged and lifted sidewalk, and installation of new and retrofitting of existing American with Disabilities Act (ADA) handicap ramps. The project scope involves construction of new sidewalk, curb and gutter, and ADA ramps. It will also include removal and replacement of lifted or damaged sidewalk and non-compliant ADA ramps. The project will be funded by Measure I, Community Facility District (CFD 89-1 – Cooley Area) and Host City Fee. The project locations and ty pe of improvements are listed and shown on Exhibit A.

ISSUES/ANALYSIS

8 Packet Pg. 151
Staff Report to the Mayor and City Council
Contract Award - D.M. Contracting, Inc.

February 20, 2024

In accordance with Colton Municipal Code (CMC) Section 3.08.090 staff solicited and received bids for the FY2023-24 Citywide Sidewalk Repair Project. The bid was advertised on October 6, 2023, and October 13, 2023. The bids received on November 9, 2023, are as follows:

1. DM Contracting, Inc. $ 471,269.50

2. Onyx Paving, Inc. $ 543,000.00

3. Hardy and Harper, Inc. $ 576,095.00

4. Gentry General Engineering, Inc. $ 654,397.60

Staff reviewed and evaluated each submitted bid. Staff recommends award of the construction contract for the FY2023-24 Citywide Sidewalk Repair Project to DM Contracting, Inc. , as the lowest responsive and responsible bidder for $471,269.50. The construction contract with DM Contracting, Inc. is attached as Exhibit B.

FISCAL IMPACTS

Sufficient appropriations for the FY 2023-24 Citywide Sidewalk Repair Project are available in the FY2023-24 adopted budget in the following expenditure accounts listed below:

Funding Source Account No. DM. Contract
Funding
FY 22/23 Citywide SW and ADA
Improvement - Measure I 218-2313-6150-3890-0000-000 $147,500.00 FY 23/24 Citywide SW and ADA
Improvement - Measure I 218-2421-6150-3890-0000-000 $184,787.15 Citywide Sidewalk Rehabilitation
Project – Host City Fees 240-2132-6150-3890-0000-000 $77,032.85 CFD 89 -1/Cooley Area 450-2234-6985-3890-0000-000 $61,949.50 Total $471,269.50

ENVIRONMENTAL IMPACTS

Staff recommends that the FY 2023-24 Citywide Sidewalk Repair Project be determined Categorically Exempt under California Environmental Quality Act (CEQA) Guidelines Section 15301(c) - Existing highways and streets.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT
8 Packet Pg. 152
Staff Report to the Mayor and City Council
Contract Award - D.M. Contracting, Inc.

February 20, 2024

1. Exhibit A -List of Locations and Improvements

2. Exhibit B - DM Contracting Contract
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Address Width Length Sq. Ft.
508 N 12th St 5 135 675
2486-2490 S Rosedale Ave to 115 W La Loma St 5 384 1920 _________________________________________________________________ FY 23/24 CITYWIDE SIDEWALK REPAIR PROJECT

Address Width Length Sq. Ft.
556 N 13th St 5 35 175
5th St - "L" St to "M" St 5 43 215
1130 Blue Ridge Ln 5 15 75
Bostick Ave and W Loma Verde 10 7 70
Cooley Ln (North Side)- Cooley Dr to Hunts Ln 5 217 1085 Cooley Dr (West Side)- Ashwood Ln to Old Ranch Rd 5 35 175 Cooley Dr (West Side)- Washington St to Old Ranch Rd 12 153 1836 110 E "E" St 5 66 330
609 E "F" St at N 13th St 5 80 400
320 E "F" St 5 58 290
1002 Florence Ave 5 35 175
607 & 571 E "G" St 5 180 900
E "G" St at N La Cadena Dr 5 24 120
817 W "H" St 5 32 160
E "H" St at N 13th St (S/E side) 5 64 320
452 E "H" St 5 5 25
1314 & 1318 Highland Ave (With 80LF 6”- 8” Back Curb) 5 118 590 903 Johnston St 5 25 125
La Cadena Dr (West side) at Rancho Ave to 900' S/O 5 125 625 La Cadena Dr (West side) N/O Fogg St 5 13 65
325 Mill St 5 10 50
W Maple Ct (North side) at S Rancho Ave 5 10 50
395 N Pennsylvania Ave 5 25 125
2300 N Rancho Ave 5 100 500
2402 S Rosedale Ave 5 32 160
264 Van Buren St 5 28 140
264 Van Buren St Sidewalk extension behind light pole 9 1735 Washington St 5 5 25
1733 N Watwood Ave 5 15 75
Remove and Replace Sidewalk

New Sidewalk And Subgrade Preparation

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Attachment: Exhibit A -List of Locations and Improvements (4384 : Contract Award - D.M. Contracting, Inc.)

Curb and Gutter
Address Width Length Sq. Ft.

Cooley Ln (North Side)- Cooley Dr to Hunts Ln 11
1851 Terrace Ave 52

Curb only
Address Width Length Sq. Ft.
508 N "G" St 7
789 S "F" St 65
855 N "F" St 40
607 E "G" St 8
940 N Pennsylvania Ave 10

Driveway approach
Address Width Length Sq. Ft.
508 N "G" St 10 15 150
609 E "F" St 10 10 100
320 E "F" St 320
1314 & 1318 Highland Ave 6 28 168
La Cadena Dr (West side) – N/O Fogg St 5 31 155
1851 N Terrace Ave 6 21 126

Truncated dome installation only

ADA Curb Ramp
Address

Units
Cooley Ln (North side) – Cooley Dr to Hunts Ln 2
Cooley Dr (West side) – Ashwood Ln to Old Ranch Rd 3
Address

Units
Bostick Ave at Loma Verde 4
Cooley Ln (North side) – Cooley Dr to Hunts Ln 2
Cooley Dr – N/W corner Ashwood Ln 1
1002 Florence Ave at Illinois Ave 4
607 E "G" St at N 13th St 4
E "H" St & N 13th St 4
Louise St & N Rancho Ave 2
405 Martin Ave at N Pennsylvania Ave 2
395 N Pennsylvania Ave at W “G” St 4

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Attachment: Exhibit A -List of Locations and Improvements (4384 : Contract Award - D.M. Contracting, Inc.)

Cross Gutter
Address Width Length Sq. Ft.
855 N "F" St 32

Catch Basin Deck
Address

Units
2780 S Iowa Ave 1

B. COMMUNITY FACILITIES DISTRICT 89-1

Sidewalk and ADA Ramps
Address Width Length Sq. Ft. ADA
Ramp
Truncated
Dome
Colunga St – Navano St to Helena St 5 14 70
Cooley Dr – Cooley Ln to Washington St 5 118 590 1 9
Cooley Ln – Hunts Ln to Cooley Dr 5 103 515 1
Hunts Lane – Cooley Ln to Washington St 5 220 1,100 2
Washington St – Hunts Ln to Cooley Dr 5 32 160 4

S Rancho Ave & W Maple Ct 2
S Rosedale Ave & W La Loma Ave 1

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Attachment: Exhibit A -List of Locations and Improvements (4384 : Contract Award - D.M. Contracting, Inc.)

CONTRACT
THIS CONTRACT is made this 21st day of February 2024, in the County of San Bernardino, State of California, by and between the City of Colton , hereinafter called City, and D.M. Contracting, Inc., hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK . The Contractor shall perform all Work within the time stipulated the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:

FY 23/24 Citywide Sidewalk Repair Project

The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within One Hundred Twenty (120) calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in t he Contract Documents, and including all applicable taxes and costs, the sum of Four Hundred Seventy-One Thousand Two Hundred Sixty-Nine and 50/100 Dollars ($471,269.50). Payment shall be made as set forth in the General Conditions.

ARTICLE 4. LIQUIDATED DAMAGES. I n accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $400.00 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT . The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Contractor's Bid Forms
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders

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Attachment: Exhibit B - DM Contracting Contract (4384 : Contract Award - D.M. Contracting, Inc.) Non-Collusion Affidavit form
Contract
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Technical Specifications
Greenbook Standard Specifications (Sections 1-9 Excluded) Addenda
Plans and Contract Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.

ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at Public Works Department or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site. If the Work involves federal funds or otherwise requires compliance with the Davis-Bacon Fair Labor Standards Act, the Contractor and all its subcontractors shall comply with the higher of the state or federal prevailing wage rates.

IN WITNESS WHEREOF, this Contract has been duly executed by the above -named parties, on the day and year above written.

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Attachment: Exhibit B - DM Contracting Contract (4384 : Contract Award - D.M. Contracting, Inc.)

CITY OF COLTON

By:

______________________________
Signature

__William R. Smith_____________
Name

_City Manager_________________
Title

Attest:

______________________________
City Clerk

Recommended By:

______________________________
Signature

______________________________
Name

______________________________
Title

D.M. Contracting, Inc.

By:

______________________________
Signature

____ _________
Name

______________________________
Title

__ ______________________
License Number

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Attachment: Exhibit B - DM Contracting Contract (4384 : Contract Award - D.M. Contracting, Inc.)

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Attachment: Exhibit B - DM Contracting Contract (4384 : Contract Award - D.M. Contracting, Inc.)

ITEM NO. 9

STAFF REPORT

DATE: FEBRUARY 20, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE A CONTRACT AGREEMENT WITH LEGEND PUMP
AND WELLS, INC. FOR THE EMERGENCY WELL 24
REHABILITATION PROJECT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve an award of contract to Legend Pump and Wells, Inc. for the Emergency Well 24 Rehabilitation project in an amount $274,897.35.

BACKGROUND

Having an adequate supply of water is essential for the Health & Safety of our community. The City of Colton is the principal supplier of water service for domestic consumption, fire protection, and irrigation application for consumers within the City of Colton, currently serving a population of approximately 51,000 over a 17.5-square mile service area.

Currently the City operates and maintains a total of eight (8) water production wells. Of the eight production wells, Well 24 was taken out of service due to a catastrophic motor and pump failure.

On January 2, 2024, Water Department staff notice d a decrease in water levels at the City’s Domecq Reservoir. Domecq Reservoir is supplied water from two sources, Well 24 and an interconnection with City of Rialto. The main water source for Domecq is Well 24. On the morning of Jan 2, staff witnessed a decrease in water level on the Supervisory Control and Data Acquisition (SCADA) system . Wh ile evaluating SCADA, staff could see th at Well 24 was running and water was flowing from the City of Rialto interconnection. For verification, staff visited Well 24 to confirm it was running. When Staff arrived at Well 24, they found the Well to be off and not operating as shown on SCADA. At that point, staff re-set the electrical panel and 9 Packet Pg. 186
Staff Report to the Mayor and City Council
Contract Award - Legend Pump and Wells, Inc.

February 20, 2024

attempted to start Well 24 up , at which point the motor started to spark and smoke. Staff immediately shut the power down and reported the issue.

ISSUES/ANALYSIS

Colton Municipal Code Section 3.08.130 (A) authorizes the City Manager to award an emergency public project pursuant to section 22035 of the Act and Public Contract Code Section 22050 up to a total of one hundred thousand dollars. Further expenditure must be approved by this City Council. In this case, it must be found that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency. For City Council approval, the evidence must be set forth in the minut es, and be approved by a 4/5 vote.

Under Colton Municipal Code Section 3.08.130(A), “ For Projects of more than fifty thousand dollars, a report on the Emergency and work performed Shall be provided at the next regular meeting of the City Council, and then at every meeting thereafter required by Section 22050. At such meetings, the City Council Shall determine, by a four -fifths vote, that there is a need to continue the action without the benefit of informal or formal competitive bidding in accordance with Section 22035 of the Act and California Public Contract Code Section 22050. The City Council Shall terminate the Emergency action at the earliest possible date that conditions warrant, so that the remainder of the Emergency action May be completed pursuant to a Formal Bidding Procedure.”

Since Well 24 is the main water source for the Domecq Reservoir and the Western Pressure Zone, staff requested the City Manager approve an emergency contract be issued to Legend for the rehabilitation of Well 24. The City Manager granted staff’s request to proceed under Colton Municipal Code Section 3.08.130(A). Construction activities began on January 2, 2024. The City Manager’s approval is limited to $100,000 by the Municipal Code. This City Council’s approval is required for the balance.

FISCAL IMPACTS

Sufficient appropriations for the contract are available in the FY 2023 -24 adopted budget in Water Utility Fund Wells Account Number 521-8100-8105-3890-0000-000.

ALTERNATIVES

1. Provide Alternative direction to staff.

ATTACHMENT

1. Legend Pump Maint Svcs Agreemt FY 23-24 Well 24 Emergency Rehab 9 Packet Pg. 187
(BB&K 2018)
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CITY OF COLTON

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 2nd day of January 2024 by and between the City of Colton, a municipal corporation organized under the laws of the State of California with its principal place of business at 650 North La Cadena Drive, Colton, California 92234, County of San Bernardino , State of California (“City”) and Legend Pump & Well Service , Inc. , a Corporation with its principal place of business at 1324 W. Rialto Ave., San Bernardino, CA 92410 (“Contractor”). City and Contractor are sometimes individually referred to as “Party ” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

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

Contractor represents that it is experienced in providing well and booster rehabilitation services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City.

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.

2.2 Project; Colton Utility Authority.

City desires to engage Contractor to render such services for the Water Division’s Well 24 rehabilitation services project (“Project”) as set forth in this Agreement. Contractor understands that the City has entere d into a Utility System Management Agreement, dated as of September 1, 2000, with the Colton Utility Authority (“CUA”) for the maintenance, management and operation of its Water Enterprise and Wastewater Enterprise (“CUA Management Agreement”). To the extent that this Agreement is deemed to be a "material contract" under the CUA Management Agreement, City enters into this Agreement on behalf of the CUA and subject to the terms of the CUA Management Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional well rehabilitation and test pump repair services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibi ts attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

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3.1.2 Term. The term of this Agreement shall be from January 2, 2024, to June 30, 2024, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor . The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Servic es subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

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 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 reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers ’ compensation insurance.

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordan ce with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor ’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements . All work prepared by Contractor shall be subject to the approval of City.

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

3.2.5 Contractor’s Representative. Contractor hereby designates Dean Garcia, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor ’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be respons ible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

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3.2.7 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 w arrants 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 perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provision s 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 the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ( “Performance Time”).

Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which C ontractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.

3.2.10 Laws and Regulations; Employee/Labor Certifications . Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or 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. City is a public entity of the State of Cal ifornia subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a pa rt of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless,

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pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10.1 Employment Eligibility; Contractor . By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time . Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.

Contractor also verifies that it has not committed a viola tion of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United S tates Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.

3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.10.3 Employment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub -subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failu re to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.10.4 Labor Certification . By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Cod e which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, an cestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business

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Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Boa rd (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.7 Water Quality.
(A) Management and Compliance . To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000 -14950); laws, rules and regulations of the Environmental Pr otection Agency and the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board ; the City’s ordinances regulating discharges of storm wat er; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. (B) Liability for Non -Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requireme nts imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training progra ms that meet the requirements of this paragraph.

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3.2.11 Insurance.

3.2.11.1 Time for Compliance . Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.

3.2.11.2 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:
(A) Minimum Scope of Insurance . Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance . Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 MINIMUM; per occurrence for bodily injury, personal injury and property damage. If Commerci al General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 MINIMUM; 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 MINIMUM; per accident for bodily injury or disease.

Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insuran ce required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement.

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3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage sha ll be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor ’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self -insurance shall be called upon to protect it as a named insured. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limi ts set forth in Section

3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).
(B) Automobile Liabi lity. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor ’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.

Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rig hts of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages . Each insurance policy requ ired by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

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3.2.11.4 Separation of Insureds; No Special Limitations ; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any othe r additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, i ts directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.2.11.6 Subcontractor Insurance Require ments. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcon tractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best ’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

3.2.11.8 Verification of Coverage . Contractor shall furnish City wit h original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bi nd coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

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

3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to 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 lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,

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confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.13 Bonds.

3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not -to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.3 Bond Provisions . Should, in C ity’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or canc el any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any re quired bond, the City may terminate this Agreement for cause.

3.2.13.4 Surety Qualifications . Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California -admitted surety with a current A.M. Best ’s rating no less than A:VIII and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.2.14 Accounting Records . Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such record s shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall al low inspection of all work, data,

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documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.2.15 Work Sites.

3.2.15.1 Inspection Of Site . Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.

3.2.15.2 Field Measurements . Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.

3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

3.2.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or m aterials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of re pairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this

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Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non -conforming w ork and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.3 Fees and Payments.

3.3.1 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 Sixty-One Thousand Eight Hundred and Seven Dollars and Zero Cents ($261,807.00) without written approval of the City of Colton. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation . Contractor shall submit to City a monthly itemized statement which indicates work completed and hours o f Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct a ny of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

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

3.3.5 Extra Work . At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably ant icipate would be necessary at the execution of this Agreement.

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

3.3.6 Prevailing Wages. Contractor is aware of the requirements of Califor nia Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Serv ices 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. City shal l provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to e xecute the Services

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available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employe es and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Se ctions 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain re gistration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.4 Termination of Agreement.

3.4.1 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 seven (7) 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 compensatio n. Contractor may not terminate this Agreement except for cause.

3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data 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 document and other information within fifteen (15) days of the request.

3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

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3.5 General Provisions.

3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

Legend Pump & Well Service, Inc.
1324 W. Rialto Ave.

San Bernardino, CA 92410
Attn: Keith Collier

City:

City of Colton
650 North La Cadena Drive
Colton, CA 92324
Attn: Brian Dickinson, Public Works & Utilities Director Water Department
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity . To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, cau ses of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all e xpert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers . In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and

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

3.5.3 Governing Law; Government Code Claim Compliance . This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contract or. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

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

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

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

3.5.7 Assignment or Transfer; Colton Utility Authority . 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 the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. To the extent that this Agreement is deemed to be a "material contract" under the CUA Management Agreement, Contractor has no right to terminate this Agreement, either with or without cause, based upon the existence or non- existence of the CUA Management Agreement. Therefore, if the CUA Management Agreement expires or terminates for any reason, Contractor shall remain fully obligated to perform under this Agreement on behalf of the CUA or another third party contracted by the CUA for the maintenance, management and operation of the Water Enterprise and/or Wastewater Enterprise.

3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease

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of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

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

3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed b y a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.13 Prohibited Interests . Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has n ot 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. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City ’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.14 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.15 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 individual s who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

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

3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
[SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND LEGEND PUMP & WELL SERVICE, INC.

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the ___________________ day of _________________, 2024.

CITY OF COLTON LEGEND PUMP & WELL SERVICE, INC.
a CORPORATION

By: ____________________________ By: _________________________ William R. Smith Name:

City Manager Title:

Attest:

____ By: _________________________
Stephanie Vargas Name:

Deputy City Clerk Title:

Recommended for Approval:

_________________________
Executive Director
Colton Utility Authority

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EXHIBIT “A”

SCOPE OF SERVICES
Well 24 – Emergency Well Rehabilitation

Field labor to pull pump equipment $ 12,106.00
Mob to site, rig up, remove wall, lock out and undo electrical connections. Undo lateral, unbolt and pull 300hp VHS motor.
Unbolt discharge piping and top end.
Extract approximately 320 ft. of 14” x Ø1-15/16 water lube pump equipment. Clean up secure site and transport pump back to Legend for inspections.

Well rehab $16,494.00
Pre rehab video log.
Manufacture a wire brush to fit the well casing.
Mob to site and bail well down to bottom.
Introduce chemical and wire brush casing, dual swab, and air lift chemical our from well.
Post rehab video log
Labor to Extend the Casing $ 32,591.00
Mob to site cut and weld to extend well casing.
Furnish pipe, flanges, and fittings.

Shop labor $ 3,112.00
Sandblast and powder coat discharge head.
Sand blast and rebuild packing box with new bearing.
Tighten couplings on new 14” column pipe, load, and prep for installation.

Materials $ 181,696.00
New 300HP VHS motor, Ø3/60Hz/460V, premium efficient. New Ø1-15/16” head shaft with, coupling, key and head nut. New water lubed 14” bowl assembly, capable of 2000 GPM. 320 Ft. of 14” water lubed, coated column pipe, stainless steel line shafting and shaft retainers.
12” x 10 Ft. suction pipe with stainless steel cone strainer. Qty. (28) – New 1-1/2” SST line shaft couplings.
320 Ft. of ¼” stainless steel air line with buckles and banding.

Field labor to install $ 15,808.00
Mob to site, with materials, pump rig and support vehicles. Remove building wall & well cover, rig up and install 320 ft. of 14” water lube pump equipment.
Install top end, land, level, and secure discharge head. Connect discharge piping. Set and bolt down 300HP motor. Make electrical connections, energize, and check rotation.
Set pump lateral, start up and tune. Clean up, secure site and demob.

Total lump sum including tax & freight $ 261,807.00

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EXHIBIT “B”

SCHEDULE OF SERVICES

Emergency Rehabilitation on Well 24 shall begin immediately for the period January 2, 2024, through June 30, 2024.

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Exhibit C-1

EXHIBIT “C”

COMPENSATION

The Services for this Agreement shall be compensated at the rates set forth below. The total amount of compensation for this Agreement shall not exceed TWO HUNDRED AND SIXTY-ONE THOUSAND EIGHT HUNDRED AND SEVEN DOLLARS AND ZERO CENTS ($261,807.00)

Well Rehabilitation and Test Pump Labor Rates:

Item Description Rate per/

1. 2 Men, Rig and Service Truck $320 /hr.

2. 3 Men, Rig and Service Truck $437 /hr.

3. 4 Men, Rig and Service Truck $553 /hr.

4. Wire Brush Rental $650 / ea.

5. Air Compressor Rental (450 CFM and Smaller) $156 / hr.

6. Air Compressor Rental (451 CFM and Larger) $253 / hr.

7. 2 Men, & 24L Cable Tool & Combo Rig $320 / hr.

8. 2 Men, & 36L Cable Tool & Rig $365 /hr.

9. 1 Man & Rotary Crane – 12 Ton & Below $272 /hr.

10. 2 Man & Rotary Crane - 12 Ton & Below $357 /hr.

11. 1 man & Rotary Crane – 40 Ton & Below $389 / hr.

12. 1 man & Delivery truck $87 /hr.

13. 1 Man & Service truck $100 / hr.

14. 1 Man, Tractor Trailer $184 /hr.

15. 2 Man & Service truck $278 /hr.

16. 1 Man & Welding Truck $204 /hr.

17. Drilling Rig & All Supporting Equipment $623 / hr.

18. Electrician & Service Truck $191 / hr.

19. General Shop labor $95 / hr.

20. Machine Shop Labor $110 / hr.

21. 1 Man and 75 Ton Crane and Below $453 /hr.

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Exhibit C-2

22. Welding Shop Labor $110/ hr.

23. Overtime – Including Saturday $87 /hr.

24. Overtime – Sunday or Holiday $174/man/hr.

25. Additional Rig Helper $121 /hr.

26. 1 Man & Boom Truck $272 /hr.

27. Test Pump Operator & Fuel 350HP & below $242 / hr.

28. Test Pump Operator & Fuel 351HP & below $253/ hr.

29. Environmental Surcharges $15 /hr.

30. Aqua Feed Unit, Pump Rig, Service Truck & 2 Men $530 /hr.

31. Chemical Trailer, Tractor & 2 Men $240 /hr.

32. Chemical Trailer, Tractor, 2 Men, Rig & Service Truck $304 / hr.

33. 1 Man & Neutralization Trailer $240 /hr.

34. 1 Man & Backhoe with Trailer & Truck $270 /hr.

35. 2 Men, Bucket Rig & Service truck $430 /hr.

36. Video Log Well Casing $1049 /Well

37. Camera Operator (in excess of 5 hours portal to portal – add) $210 / Well

38. Re-video Well Casing $900 /ea.

39. Report with Photos No Charge

40. Duplicate Flash Drive No Charge

41. Lab Analysis of Water Quality and of Material Scrapings – Reports of Evaluation
$550 / ea.

42. Preparation of Repair Specification: List of Repairs and Materials Required to Bring Well to Standard
No Charge

43. Boreblast/Airblast Estimating 1,500 foot well $5678 / Well

44. Parts/ Material Cost 10 % Mark up

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ITEM NO. 10

STAFF REPORT

DATE: FEBRUARY 20, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE AWARD OF CONTRACT TO TKE ENGINEERING INC.

FOR ENGINEERING & DESIGN SERVICES FOR THE WELL 22
REHABILITATION AND SITE IMPROVEMENT PROJECT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve the award of a Professional Services Agreement (PSA) to TKE Engineering Inc., for the Engineering and Design services for the Well 22 Rehabilitation and Site Improvements Project for $167,200.

BACKGROUND

Having an adequate supply of water is essential for the health and safety of our community. The City of Colton is the principal supplier of water service for domestic consumption, fire protection, and irrigation application for consumers within the City of Colton currently serving a population of approximately 53,000 over a 17.5 -square mile service area. Without adequate supply t he City could be subjected to building moratoriums issued by the State Health Department.

Currently, the City operates and maintains a total of eight (8) water production wells. Of the eight production wells, Well 22 was taken out of service due to a sign ificant drop in production which is a sign of a potential failure. In July 2023, Council awarded a contract for the rehabilitation of Well 22. The rehabilitation project included brushing and bailing the well casing to knock off the heavy scaling and buil d-up that was clogging the perforations/louvers, chemical treatment to break up any incrustation problems on the well casing and within the gravel packing, and dual swabbing and airlifting to re -develop the well and approximately 60 hours of well developme nt, pump testing, step testing and constant rate testing. The results of 10 Packet Pg. 208
Staff Report to the Mayor and City Council
Contract Award - TKE Engineering Inc.

February 20, 2024

the Well rehabilitation determined that Well 22 could produce approximately 1 ,000 to 1 ,100 gallons per minute of water production , which is a significant increase from the existing production of under 200 gallons per minute.

ISSUES/ANALYSIS

On December 1, 2023, City Staff issued a Request for Proposal (RFP) for the preparation of the engineering and design services for the Well 22 Rehabilitation and Site Improvement project.

The RFP was advertised in The Press-Enterprise newspaper on December 1 , 2023, and December 15, 2023. On January 16, 2024, City received proposals from three (3) engineering firms:

No. Name of Consultant Cost
Proposal

Optional Tasks Total Cost

1 TKE Engineering Inc. $167,200 $0 $167,200
3 Krieger and Stewart Engineering
Consultants $133,000 $46,311 $179,311
4 Lee & Ro Inc. $173,072 $13,654 $186,726

Staff performed a review of the proposals for accuracy and completeness and rated the consultants based on qualifications, performance of similar work, ability to provide services, quality of proposal, work performance for the City and cost. Staff evaluated all the proposals and determined that the TKE Engineering Inc. proposal met all the criteria as outlined in the RFP and scored the highest.

FISCAL IMPACTS

Sufficient appropriations for the engineering design services are available in the FY2023 -24 adopted budget in Water Fund Well s Capital Improvement Account # 521-8100-8105-3890- 0000-000.

ALTERNATIVES

1. Provide alternative direction to Staff.

ATTACHMENT

1. TKE Fee Proposal
10 Packet Pg. 209

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Attachment: TKE Fee Proposal (4375 : Contract Award - TKE Engineering Inc.)

ITEM NO. 11

STAFF REPORT

DATE: FEBRUARY 20, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE AWARD OF CONTRACT TO TRUSSELL

TECHNOLOGIES FOR THE LEAD SERVICE LINE INVENTORY
PROJECT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve the award of Professional Services Agreement (PSA) contract to Trussell Technologies for the Lead Service Line Inventory Project for $168,940.

BACKGROUND

The City of Colton is the principal supplier of water service for domestic consumption, fire protection, and irrigation application for consumers within the City of Colton currently serving a population of approximately 53,000 over a 17.5 -square mile service area and a total of 11,199 water service connections.

In December 2021, the Environmental Protection Agency ( EPA) announced the development of a new regulation, Lead and Copper Rule Improvements (LCRI) to better protect communities from exposure to lead in drinking water. Service line inventories are the foundation from which water systems take action to address a significant source of lead in drinking water. Establishing an inventory of service line materials and ident ifying the locations of lead service lines (LSL) is a key step in replacing service lines and protecting public health.

In August 2022, the EPA released guidance for developing and maintaining a service line inventory to support water systems with their efforts to develop inventories and to provide states with needed information for oversight and reporting to the EPA. A deadline of October 16, 2024, was set for water agencies to submit the regulatory compliance. 11 Packet Pg. 211
Staff Report to the Mayor and City Council
Contract Award - Trussell Technologies
February 20, 2024

ISSUES/ANALYSIS

On September 22, 2023, City Staff issued a Request for Proposal (RFP) for the Lead Service Line Inventory project. The RFP was advertised in The Press -Enterprise newspaper on September 22, 2023, and September 29, 2023. On October 26, 2023, City received proposals from three (3) consulting firms:

No. Name of Consultant Cost
Proposal

Additional
Costs
Total Cost

1 Trussell Technologies $168,940 $0 $168,940
3 120 Water $32,000 Not totalized $32,000
4 Turepani $59,160 Not totalized $59,160

Staff performed a review of the pr oposals for accuracy and completeness and rated the consultants based on qualifications, performance of similar work, ability to provide services, quality of proposal, work performance for the City and cost. Staff evaluated all the proposals and determined that the Trussell Technologies proposal met all the criteria as outlined in the RFP and provided details on pricing for the project . 120 Water and Turepani did not provide details on the total cost for the project. The additional cost included in the pr oposals are unit prices to be added on an as needed basis. Staff could not determine the total cost for the project for both 120 Water and Turepani.

FISCAL IMPACTS

Sufficient appropriations for the project are available in the FY2023 -24 adopted budget in Water Utility Fund Professional Services Account #521-8100-8101-2350-0000-000.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Trussell Budget Proposal_City of Colton LCRR Inventory 11 Packet Pg. 212
SECTION G: FEE SCHEDULE At the City’s request, Trussell reduced our budget to the extent we could, without compromising the integrity of the project. The following list summarizes changes to the original scope of work and corresponding cost reductions: • Reduced number of progress meetings from 6 monthly to 3 targeted meetings • Changed the Technical Memorandum deliverable to a streamlined Action Plan documenting the preliminary inventory and approach to completing the inventory (e.g., field verification, machine learning/predictive modeling). The Action Plan will be submitted to DDW for approving the inventory methodology • Reduced Trussell’s effort for field verifications and coordination by partnering with a third party with LCRR service line field verification experience, Blaine Tech Services, Inc. • Our predictive modeling partner, Trinnex, reduced their implementation fee The revised budget is provided in Table 1. Note that as requested, the total cost is presented with and without assuming prevailing wages for our sub, Blaine Tech Services, Inc. If prevailing wages are required, the not to exceed total is $168,940. Without prevailing wages, the total would be $154,940. Table 1. Trussell Fee Schedule Notes: 1. Trinnex products and professional services associated with training, support, and predictive modeling are included as other direct costs (ODCs). It is assumed that the City possesses the capability to import inventory results, formatted as shapefiles or geodatabases, from leadCAST into the current Esri ArcGIS system. No software licensing from Trinnex is required after the completion of this project. 1 City of ColtonLead and Copper Rule Revisions Lead Service Line InventoryOctober 26, 2023 (Revised December 20, 2023) Project Team MemberDavid HokansonEmily Owens-BennettAlicia QiuZakiyyah Brown Job ClassificationPrincipal Engineer IISupervising Engineer IIIEngineer IEngineer I Hourly Billing Rate $ 300 $ 270 $ 170 $ 170 5 9 6 7 27 $6,140$4,500 $10,640$10,6406 25 68 54 153$29,290$15,000 $44,290$44,2902 26 34 42 104$19,460$19,600$21,000$61,140$75,1406 18 113 50 187$34,370$4,500 $38,870$38,870 19 82 221153471$89,260$43,600$154,940$168,940
Blaine Tech(non-prevailing wages)
Task Total HrsTotalCost
ODCs
Total Cost
Total Cost (Blaine Techprevailingwage)Trinnex

APROJECT MANAGEMENT

BSURVEY AND SUMMARY OF AVAILABLE DATA

CINVENTORY COMPLETION VIA FIELD SURVEYS AND DATA ANALYSIS

DPUBLIC OUTREACH
TOTAL
Trussell Technologies

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Attachment: Trussell Budget Proposal_City of Colton LCRR Inventory (4376 : Contract Award - Trussell

ITEM NO. 12

STAFF REPORT

DATE: FEBRUARY 20, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE THE ANNUAL AND 5-YEAR DEVELOPMENT IMPACT FEE REPORT FOR FISCAL YEAR ENDING JUNE 30, 2023.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve the Annual and 5-Year Development Impact Fee Report for Fiscal Year Ending June 30, 2023.

BACKGROUND

In 1987, the Californ ia Legislature passed Assembly Bill 1600 (AB 1600), also known as the Mitigation Fee Act (Government Code, Sections 66000 et seq.) that governs the establishment and administration of development impact fees. A development impact fee is a monetary exaction other than a tax or special assessment that is charged by a local agency to new development for the purposes of defraying costs of public facilities needed as a result of impacts created by the new development.

ISSUES/ANALYSIS

California Government Cod e, Section 66006 (b) (1) requires a local agency , within 180 days after the last day of each fiscal year, to make available to the public the following information for the fiscal year:

1. A brief description of the type of fee in the account or fund

2. The amount of the fee

3. The beginning and ending balance of the account or fund

4. The amount of the fees collected, and interest earned 12 Packet Pg. 214
Staff Report to the Mayor and City Council
DIF Report FYE 6-30-23
February 20, 2024

5. Identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, includ ing the percentage of the cost of the public improvement that was funded with fees.

6. Identification of the approximate date by which the construction of a public improvement will commence, if the City determines sufficient funds have been collected to complete financing of an incomplete public improvement.

7. A description of each inter -fund transfer or loan made from the account or fund, including interest rates, repayment dates, and a description of the improvement on which the transfer or loan will be expended.

8. The amount of any refunds or allocations made pursuant to Section 66001, paragraphs (e) and (f).

Government Code 66001(d) (1) states the following requirements as pertains to Development Impact Fees:

For the fifth fiscal year following the first depo sit into the account or fund, and every five years thereafter, the local agency shall make all of the following findings with respect to that portion of the account or fund remaining unexpended, whether committed or uncommitted:

1. Identify the purpose to which the fee is to be put

2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged

3. Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements

4. Designate the approximate dates on which the funding referred to in subparagraph C is expected to be deposited in the appropriate account or fund

Development impact fees (DIFs) in the City of Colton are one -time charges levied on new development in Colton to fund various infrastructure, facilities, vehicles, and equipment. The City’s DIF program was most recently updated by City Council’s ratification of Ordinance O-02-

20. The fee amounts included in the Ordinance are substantiated by the Development Impact Fee Justification Study for the City of Colton.

FISCAL IMPACTS

This report meets the compliance requirements of the Mitigation Fee Act. There is no additional fiscal impact to approve this annual report.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT
12 Packet Pg. 215
Staff Report to the Mayor and City Council
DIF Report FYE 6-30-23
February 20, 2024

1. Colton Annual 5-Yr DIF Report FY 2023
12 Packet Pg. 216

Annual & Five-Year Development Impact Fee Report
Fiscal Year Ended June 30, 2023

December 22 , 2023

Prepared by:

NBS
for the

CITY OF COLTON

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Attachment: Colton Annual 5-Yr DIF Report FY 2023 (4388 : DIF Report FYE 6-30-23)

City of Colton

City Officials
Frank J. Navarro, Mayor
David J. Toro, Council Member, District 1
Kelly J. Chastain, Council Member, District 2
Dr. Luis S. Gonzalez, Council Member, District 3
John R. Echevarria, Council Member, District 4

Officers
Stephanie Vargas, City Clerk

Administrative Team
William R. Smith, City Manager
Carlos L. Campos, City Attorney
Stacey Dabbs, Finance Director
Brian Dickinson, Public Works & Utility Services Director Eva Elias, Public Works, Water/Wastewater Admin Manager

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Attachment: Colton Annual 5-Yr DIF Report FY 2023 (4388 : DIF Report FYE 6-30-23)

TABLE OF CONTENTS

Development Impact Fee Annual Report ................................................................. ................................................... ...................... 1

1.1 Annual Report Requirements ................................................................................... 1

1.2 Current Impact Fees .................................................................................................. 2

1.3 Types of Impact Fees and Impact Fee Funds ............................................................ 2

1.4 Financial Summary Report ........................................................................................ 4

1.5 Public Improvements ................................................................................................ 5

1.6 Interfund Loans ......................................................................................................... 6

1.7 Refunds ..................................................................................................................... 6 Development Impact Five-Year Report .................................................................. ................................................... ........................ 7

2.1 Five-Year Report Requirements ................................................................................ 7

2.2 Fund 248 Park Facilities Fee fund ............................................................................. 7

2.3 Fund 249 Traffic Facilities Fee Fund .......................................................................... 8

2.4 Fund 250 New/Library Facilities Fee Fund ................................................................ 9

2.5 Fund 251 Civic Center Facilities Fee Fund ............................................................... 10

2.6 Fund 252 Fire Facilities Fee Fund ............................................................................ 10

2.7 Fund 253 Police Facilities Fee Fund ........................................................................ 11

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2.8 Fund 521 Water Capacity Fee Fund ........................................................................ 12

2.9 Fund 522 Wastewater Capacity Fee Fund .............................................................. 13 ATTACHMENT – CURRENT IMPACT FEE SCHEDULE ................................................................ ................................................... ................ 1

Attachment – Current Impact Fee Schedule

Disclaimer: In preparing this report and any analys is and findings included herein, NBS has relied on several principal assumptions and considerations wi th regard to financial matters, conditions and even ts that occurred or may occur in the future. This information and assumptions, including the City’s budgets, financial reports, capital project data, and other information were provided by sources we believe to be reliable; however, NBS has not independently verified such information and assumptions. While we believe NBS’ use of such information and assumptions is reasonable for the purpose of this report, some assumptions will invariably not materialize as stated herein and may vary due to unanticipated events and circumstances .

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City of Colton 1
Annual & Five-Year Development Impact Fee Report

DEVELOPMENT IMPACT FEE ANNUAL REPORT
The California Mitigation Fee Act (Government Code Sections 66000 et seq.) mandates procedures for administration of impact fee programs, including collection and accounting, reporting, and refunds. The Mitigation Fee Act requires annual reporting on each impact fee fund, as well as a separate five- year report. This Section meets the requirements for the Annual Report. Section 2 meets the requirements for the Five-Year Report.

1.1 Annual Report Requirements
Section 66006 (b) (1) requires that once each year, within 180 days of the close of the fiscal year, the local agency must make available to the public the following information for each separate account established to receive impact fee revenues:

1. A brief description of the type of fee in the account or fund; (see report section 1.3)

2. The amount of the fee; (see report section 1.2 and attachment)

3. The beginning and ending balance of the account or fund; (see report section 1.4)

4. The amount of the fees collected, and interest earned; (see report section 1.4)

5. Identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the percentage of the cost of the public improvement that was funded with fees; (see report section 1.5)

6. Identification of the approximate date by which the construction of a public improvement will commence, if the City determines sufficient funds have been collected to complete financing of an incomplete public improvement; An identification of each public improvement identified in a previous report and whether construction began on the approximate date noted in the previous report. For a project identified pursuant for which construction did not commence by the approximate date provided in the previous report, the reason for the delay and a revised approximate date that the local agency will commence construction. (see report section 1.5)

7. A description of each inter-fund transfer or loan made from the account or fund, including interest rates, repayment dates, and a description of the improvement on which the transfer or loan will be expended; (see report section 1.6)

8. The amount of any refunds or allocations made pursuant to Section 66001, paragraphs (e) and (f). (see report section 1.7) The annual report must be reviewed by the City Coun cil at its next regularly scheduled public meeting, but not less than 15 days after the statements are made public, per Section 66006 (b) (2).

Section 66013(d) has similar requirements for water and wastewater capacity charges in that, within 18 0 days after the close of each fiscal year, the loc al agency must make available to the public the following information:

1. A description of the charges deposited in the fund; (see report section 1.3)

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City of Colton 2
Annual & Five-Year Development Impact Fee Report

2. The beginning and ending balance of the fund and the interest earned from investment of moneys in the fund; (see report section 1.4)

3. The amount of charges collected in that fiscal year; (see report section 1.4)

4. An identification of:
a. Each public improvement on which charges were expended and the amount of expenditure for each improvement, including the percentage of the total cost of the public improvement that was funded with those charges if more than one source of funding was used; (see report section

1.5)
b. Each public improvement on which charges were expended that was completed during that fiscal year; (see report section 1.5) c. Each public improvement that is anticipated to be undertaken in the following fiscal year; (see report section 1.5)

5. A description of each interfund transfer or loan made from the capital facilities fund, including the public improvement on which the transferred or loaned charges are or will be expended and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the fund will receive on the loan. (see report section 1.6)

1.2 Current Impact Fees
Development impact fees (DIFs) in the City of Colton are one-time charges levied on new development in Colton to fund various infrastructure, facilities, vehicles, and equipment. The City’s DIF program was most recently updated by City Council’s ratification of Ordinance O-02-20. The fee amounts included in the Ordinance are substantiated by the Development Impact Fee Justification Study for the City of Colton, Report Date: January 21, 2020 (DIF Study). The Attachment to this report provides a copy of Colton’s current DIF Fee Schedule.

1.3 Types of Impact Fees and Impact Fee Funds
The fees documented in the body of this Annual Development Impact Fee Report (Report) include the following fees listed below. The revenue and expenditures for each fee type are tracked by the City in separate funds.

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City of Colton 3
Annual & Five-Year Development Impact Fee Report
Table 1. Impact Fees and Impact Fee Funds
Fund No. Fund/Fee Name Purpose and Use of the Fee
248 Park Development Fund
The Park Development Fund tracks revenues and expenditures associated with Park Development (Facilities) Fees and Quimby In-Lieu Fees. Quimby In-Lieu fees are regulated by Government Code Section 66477, not the Mitigation Fee Act. This Annual Report intends to comply specifically with the Mitigation Fee Act’s reporting requirements. Therefore, the description of the purpose and use of fees for this fund is limited to the Park Development (Facilities) Fees. These fees are collected and spent on the construction of new parks, recreational facilities, and trails needed to serve new development. The fees are intended to meet demand for park facilities caused by new development through the year 2035.
249 Traffic Impact Fund
Traffic Facilities Fees are collected and spent on the construction of new roadways, interchanges, intersections, traffic signals, bridge construction and related improvements in the City, as specifically identified in the City’s Needs List. This List is documented within ordinance O-20-20 and the DIF Study, Appendix A, which shows the amount of cost attributable to the impact of new development. The fees are intended to meet the transportation demand for new development through the year 2035. 250 New/Library Facilities
Library Facilities Fees are collected and spent on the expansion and remodeling of existing library facilities, acquisition of books, equipment, and materials for these facilities, specifically identified in the City’s Needs List.

This List is documented within ordinance O-20-20 and the DIF Study, Appendix A, which shows the amount of cost attributable to the impact of new development.
251 Civic Center
Civic Center Facilities Fees are collected and spent on the acquisition of land, construction of new public buildings, and expansion of existing City facilities to accommodate new development growth. Facilities are identified on the City’s Needs List. This List is documented within ordinance O-20-20 and the DIF Study, Appendix A, which shows the amount of cost attributable to the impact of new development. 252 Fire Department Facilities
Fire Department Facilities Fees are collected and spent on the construction of new Fire Department facilities, a fire training facility, dorm and apparatus bay, a fire training tower and vehicle and equipment acquisition and replacement, specifically identified on the City’s Needs List. This List is documented within ordinance O-20-20 and the DIF Study, Appendix A, which shows the amount of cost attributable to the impact of new development. 253 Police Department
Facilities
Police Department Facilities Fees are collected and spent on the construction, expansion and build-out of Police department facilities as well as vehicle and equipment replacement, specifically identified on the City’s Needs List. This List is documented within ordinance O-20-20 and the DIF Study, Appendix A, which shows the amount of cost attributable to the impact of new development.

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City of Colton 4
Annual & Five-Year Development Impact Fee Report
Fund No. Fund/Fee Name Purpose and Use of the Fee
521 Water
The City charges a combined Waste/Water Facilities Fee, collected and spent for additional water and wastewater facilities identified as needed to serve new development. Among facilities needed are new wells, treatment plants, booster stations, lift stations, pipes, reservoirs, station rehabs and others. This List is documented within ordinance O-20-20 and the DIF Study, Appendix A, which shows the amount of cost attributable to the impact of new development. Facility needs, costs, and calculated fee amounts for water separate from wastewater are substantiated by the DIF Study, even though the City has adopted a combined Waste/Water Facilities Fee. Revenue is tracked to a specific revenue account within the respective utility funds for Water and Wastewater.
522 Wastewater

1.4 Financial Summary Report
The following financial summary provides an annual statement of revenue, and changes in fund balance for each impact fee fund, for the Fiscal Year End June 30, 2023. Figures shown in the table below are unaudited as of the date of this report.

Table 2. Financial Summary FY 2023

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City of Colton 5
Annual & Five-Year Development Impact Fee Report

1.5 Public Improvements
This section of the Annual Report identifies each public improvement on which fees were expended for the Fiscal Year End June 30, 2023, the amount of the expenditures on each improvement, including the percentage of the cost of the public improvement that was funded with fees.

Table 3. Public Improvements FY 2023

The projects listed above represent active uses of impact fee funds to complete current capital improvement projects.

Government Code Section 66006 (b)(1)(F)(i) also requires Identification of the approximate date by which the construction of a public improvement will commence, if the City determines sufficient funds have been collected to complete financing of an incomplete public improvement.

The City has also identified public improvement projects that have sufficient impact fee funds available to complete, including approximate dates (fiscal year) of construction in the City’s 2023/24 Capital Improvement Plan as adopted by City Council. Outside of these two sources of information, the City has not determined that sufficient funds have been collected to complete financing of any other incomplete public improvements.

Government Section 66013(d) has similar requirements for water and wastewater capacity charges to identify each public improvement that is anticipated to be undertaken in the following fiscal year. Water capacity charges will fund the “New Mainline – F Street” Project shown in the City’s Fiscal Year Adopted 2023/24 Budget, Capital Improvement Projects Summary Section.

Fund Fund Name Project Name Project
Start FY
Project
Finish FY
Project
Phase
Total Facility
Cost
Total Impact Fee
Funded Amount
% Impact Fee
Funded
Total Prior Year
Impact Fee
Expenditures
FY 2023 Impact
Fee
Expenditures
Impact Fee
Funding
Remaining
249 Traffic Agua Mansa Road Widening including Bridge Widening at 2022 2025 Active 1,379,976 $ 380,262 $ 27.6% 578 $ 147,732 $ 231,952 $ 249 Traffic Barton Bridge Replacement Project 2019 2024 Active 611,132 $ 173,439 $ 28.4% 19,294 $ 9,375 $ 144,770 $ 249 Traffic I-10/Mt. Vernon Bridge Replacement Projec t 2021 2025 Active 10,553,466 $ 2,080,505 $ 19.7% 104,618 $ 58,945 $ 1,916,942 $ 249 Traffic HSIP Crosswalk Improvement Project 2023 202 3 Completed 308,300 $ 110,676 $ 35.9% - $ 99,920 $ 10,756 $ 249 Traffic La Cadena Drive Sidewalk Improvement 2023 2 023 Active 326,600 $ 201,032 $ 61.6% - $ 16,539 $ 184,493 $ 249 Traffic Traffic Signal-Meridian/San Bernardino/Ol ive 2022 2024 Active 400,000 $ 391,578 $ 97.9% 8,422 $ 28,744 $ 354,412 $ 249 Traffic Washington St Class II Bicycle Route 2022 2 024 Active 248,000 $ 24,776 $ 10.0% 24 $ 11,567 $ 13,185 $ 249 Traffic Traffic Signal 7th&Valley 2023 2024 Active 400,000 $ 400,000 $ 100.0% - $ 12,930 $ 387,070 $ 249 Traffic Traffic Signal Upgrade La Cadena/Bordwell /Laurel 2023 2024 Active 300,000 $ 300,000 $ 100.0% - $ 12,895 $ 287,105 $ 249 Traffic West Colton Class I Bike Trail Project 201 9 2025 Active 2,820,000 $ 15,180 $ 0.5% - $ 5,174 $ 10,006 $ 249 Traffic Non Dept. CIP Transfer to fund 450; Misc Expenses 2023 2023 Active n/a 177,024 $ n/a - $ 9,111 $ 167,912 $ 521 Water New Wells 1&2 2020 2024 Active 10,000,000 $ 7,800,000 $ 78.0% 1,866,808 $ 4,120,513 $ 1,812,679 $ 521 Water New Reservoir for Cental Zone (La Loma) 2023 2024 Planned 7,000,000 $ 4,620,000 $ 66.0% - $ 383,086 $ 4,236,914 $ 522 Wastewater Center Street Lift Station 2023 tbd Plann ed 3,000,000 $ 3,000,000 $ 100.0% - $ 87,744 $ 2,912,256 $ 188,537,795 $ 108,971,985 $ 4,983,958 $ 5,004 ,276 $ 98,983,752 $ DIF Fees
TOTAL

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City of Colton 6
Annual & Five-Year Development Impact Fee Report

1.6 Interfund Loans
The Mitigation Fee Act requires a description of each inter-fund transfer or loan made from the account or fund, including interest rates, repayment dates, and a description of the improvement on which the transfer or loan will be expended. The following table provides the status of an existing loan made from impact fee funds in 2013.

Table 4. Interfund Loan Status

1.7 Refunds
The refunding requirements for the Mitigation Fee Act are summarized as follows:

If the City determines that sufficient funds have been collected to complete financing on incomplete improvements for which impact fee revenue is to be used, it must, within 180 days of that determination, identify an approximate date by which construction of the public improvement will be commenced (Government Code Section 66001 (e)). If the agency fails to comply with that requirement, it must refund impact fee revenue in the account according to procedures specified in Section 66001 (d).

As discussed in Section 1.5 of this report, determinations regarding sufficient funds collected to complete incomplete improvements are provided by the City’s annual Capital Improvement Plan. The City has not made a determination that sufficient funds have been collected to complete financing of any other incomplete public improvements. No refunds of impact fee monies were made or required.

Date of Loan Maturity Date Purpose of Loan Original
Advance Lender Borrower Balance Due
06/30/23
Interest
Rate
102,809 $ 248 - Park Development Fee 102,452 $ 2.0% 56,177 $ 249 - Traffic Impact Fee 55,982 $ 2.0% 3,629 $ 250 - New Facilities Fee 3,616 $ 2.0% 1,273 $ 251 - Civic Center Fee 1,269 $ 2.0% 1,767 $ 252 - Fire Facility Fee 1,761 $ 2.0% 2,489 $ 253 - Police Facility Fee 2,480 $ 2.0% 7,900 $ 521 - Water Enterprise 7,873 $ 2.0% Eagle Colton 55, LP /
Colton Housing
Authority Fund 898
Acquisition and
redevelopment of a 120-
unit multifamily affordable
senior citizen rental housng
development
3/1/2013 3/1/2068

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Annual & Five-Year Development Impact Fee Report

DEVELOPMENT IMPACT FIVE-YEAR REPORT
This Section meets the requirements for the Five-Year Report.

2.1 Five-Year Report Requirements
Prior to 1996, The Mitigation Fee Act required that a local agency collecting impact fees was required to expend or commit impact fee revenue within five years or make findings to justify a continued need for the money. Otherwise, those funds had to be refunded. SB 1693, adopted in 1996 as an amendment to the Mitigation Fee Act, changed that requirement in material ways.

Now, Section 66001 (d) requires that, for the fifth fiscal year following the first deposit of any impact fee revenue into an account or fund as required by Section 66006 (b), and every five years thereafter, the local agency shall make all the following findings for any fee revenue that remains unexpended, whether committed or uncommitted:

1. Identify the purpose to which the fee will be put;

2. Demonstrate the reasonable relationship between the fee and the purpose for which it is charged;

3. Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements for which impact fees are to be used;

4. Designate the approximate dates on which the funding necessary to complete financing of those improvements will be deposited into the appropriate account or fund.

Those findings are to be made in conjunction with the annual reports discussed above. If such findings are not made as required by Section 66001, the local agency could be required to refund the moneys in the account or fund, per Section 66001 (d).

Once the agency determines that sufficient funds have been collected to complete financing on incomplete improvements for which impact fee revenue is to be used, it must, within 180 days of that determination, identify an approximate date by which construction of the public improvement will be commenced (Section 66001 (e)). If the agency fails to comply with that requirement, it must refund impact fee revenue in the account according to procedures specified in Section 66001 (d).

The following provides Five-Year Report financial analysis and findings for each of the City’s impact fee Funds.

2.2 Fund 248 Park Facilities Fee fund
As of June 30, 2023, the Park Facilities Fee fund has $3,680,235 unexpended. Please consult Annual Report, Section 1.4 for details.

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Findings for Fund 248 Park Facilities Impact Fee:

1. Identify the purpose to which the fee will be put;
The purpose to which fee revenues will be put is as stated in the Annual Report, Section 1.3.

2. Demonstrate the reasonable relationship between the fee and the purpose for which it is charged; The reasonable relationship between the fee and the purpose for which it is charged is substantiated by the most recent and applicable impact fee/nexus study completed by the City, See Annual Report, Section 1.3.

3. Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements for which impact fees are to be used;
The City’s impact fee and nexus study report identifies a list of improvements for which impact fees are to be used, as well as the portion of improvements to be funded by impact fee revenues.

4. Designate the approximate dates on which the funding necessary to complete financing of those improvements will be deposited into the appropriate account or fund.

The exact date of impact fee collection and deposit of funding is impossible to predict, as impact fee revenue is dependent on economic cycles associated with development activity. The City annually identifies public improvement projects that have sufficient impact fee funds available to complete, including approximate dates (fiscal year) of construction in the Capital Improvement Plan as adopted by City Council.

2.3 Fund 249 Traffic Facilities Fee Fund
As of June 30, 2023, the Traffic Facilities Fee Fund has a balance of $9,775,118 unexpended. Please consult Annual Report, Section 1.3 for details.

Findings for Fund 249 Traffic Facilities Impact Fee:

1. Identify the purpose to which the fee will be put;
The purpose to which fee revenues will be put is as stated in the Annual Report, Section 1.3.

2. Demonstrate the reasonable relationship between the fee and the purpose for which it is charged; The reasonable relationship between the fee and the purpose for which it is charged is substantiated by the most recent and applicable impact fee/nexus study completed by the City, See Annual Report, Section 1.3.

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Annual & Five-Year Development Impact Fee Report

3. Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements for which impact fees are to be used;
The City’s impact fee and nexus study report identifies a list of improvements for which impact fees are to be used, as well as the portion of improvements to be funded by impact fee revenues.

4. Designate the approximate dates on which the funding necessary to complete financing of those improvements will be deposited into the appropriate account or fund.

The exact date of impact fee collection and deposit of funding is impossible to predict, as impact fee revenue is dependent on economic cycles associated with development activity. The City annually identifies public improvement projects that have sufficient impact fee funds available to complete, including approximate dates (fiscal year) of construction in the Capital Improvement Plan as adopted by City Council.

2.4 Fund 250 New/Library Facilities Fee Fund
As of June 30, 2023, the New/Library Facilities Fee Fund has a balance of $402,297 unexpended. Please consult Annual Report, Section 1.3 for details.

Findings for Fund 250 New/Library Facilities Impact Fee:

1. Identify the purpose to which the fee will be put;
The purpose to which fee revenues will be put is as stated in the Annual Report, Section 1.3.

2. Demonstrate the reasonable relationship between the fee and the purpose for which it is charged; The reasonable relationship between the fee and the purpose for which it is charged is substantiated by the most recent and applicable impact fee/nexus study completed by the City, See Annual Report, Section 1.3.

3. Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements for which impact fees are to be used;
The City’s impact fee and nexus study report identifies a list of improvements for which impact fees are to be used, as well as the portion of improvements to be funded by impact fee revenues.

4. Designate the approximate dates on which the funding necessary to complete financing of those improvements will be deposited into the appropriate account or fund.

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Attachment: Colton Annual 5-Yr DIF Report FY 2023 (4388 : DIF Report FYE 6-30-23)

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Annual & Five-Year Development Impact Fee Report
The exact date of impact fee collection and deposit of funding is impossible to predict, as impact fee revenue is dependent on economic cycles associated with development activity. The City annually identifies public improvement projects that have sufficient impact fee funds available to complete, including approximate dates (fiscal year) of construction in the Capital Improvement Plan as adopted by City Council.

2.5 Fund 251 Civic Center Facilities Fee Fund
As of June 30, 2023, the Civic Center Facilities Fee Fund has a balance of $132,016 unexpended. Please consult Annual Report, Section 1.3 for details.

Findings for Fund 251 Civic Center Facilities Impact Fee:

5. Identify the purpose to which the fee will be put;
The purpose to which fee revenues will be put is as stated in the Annual Report, Section 1.3.

6. Demonstrate the reasonable relationship between the fee and the purpose for which it is charged; The reasonable relationship between the fee and the purpose for which it is charged is substantiated by the most recent and applicable impact fee/nexus study completed by the City, See Annual Report, Section 1.3.

7. Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements for which impact fees are to be used;
The City’s impact fee and nexus study report identifies a list of improvements for which impact fees are to be used, as well as the portion of improvements to be funded by impact fee revenues.

8. Designate the approximate dates on which the funding necessary to complete financing of those improvements will be deposited into the appropriate account or fund.

The exact date of impact fee collection and deposit of funding is impossible to predict, as impact fee revenue is dependent on economic cycles associated with development activity. The City annually identifies public improvement projects that have sufficient impact fee funds available to complete, including approximate dates (fiscal year) of construction in the Capital Improvement Plan as adopted by City Council.

2.6 Fund 252 Fire Facilities Fee Fund
As of June 30, 2023, the Fire Facilities Fee Fund has a balance of $339,820 unexpended. Please consult Annual Report, Section 1.3 for details.

Findings for Fund 252 Fire Facilities Impact Fee:

9. Identify the purpose to which the fee will be put;

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Annual & Five-Year Development Impact Fee Report
The purpose to which fee revenues will be put is as stated in the Annual Report, Section 1.3.

10. Demonstrate the reasonable relationship between the fee and the purpose for which it is charged; The reasonable relationship between the fee and the purpose for which it is charged is substantiated by the most recent and applicable impact fee/nexus study completed by the City, See Annual Report, Section 1.3.

11. Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements for which impact fees are to be used;
The City’s impact fee and nexus study report identifies a list of improvements for which impact fees are to be used, as well as the portion of improvements to be funded by impact fee revenues.

12. Designate the approximate dates on which the funding necessary to complete financing of those improvements will be deposited into the appropriate account or fund.

The exact date of impact fee collection and deposit of funding is impossible to predict, as impact fee revenue is dependent on economic cycles associated with development activity. The City annually identifies public improvement projects that have sufficient impact fee funds available to complete, including approximate dates (fiscal year) of construction in the Capital Improvement Plan as adopted by City Council.

2.7 Fund 253 Police Facilities Fee Fund
As of June 30, 2023, the Police Facilities Fee Fund has a balance of $439,423 unexpended. Please consult Annual Report, Section 1.3 for details.

Findings for Fund 253 Police Facilities Impact Fee:

13. Identify the purpose to which the fee will be put; The purpose to which fee revenues will be put is as stated in the Annual Report, Section 1.3.

14. Demonstrate the reasonable relationship between the fee and the purpose for which it is charged; The reasonable relationship between the fee and the purpose for which it is charged is substantiated by the most recent and applicable impact fee/nexus study completed by the City, See Annual Report, Section 1.3.

15. Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements for which impact fees are to be used;
The City’s impact fee and nexus study report identifies a list of improvements for which impact fees are to be used, as well as the portion of improvements to be funded by impact fee revenues.

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16. Designate the approximate dates on which the funding necessary to complete financing of those improvements will be deposited into the appropriate account or fund.

The exact date of impact fee collection and deposit of funding is impossible to predict, as impact fee revenue is dependent on economic cycles associated with development activity. The City annually identifies public improvement projects that have sufficient impact fee funds available to complete, including approximate dates (fiscal year) of construction in the Capital Improvement Plan as adopted by City Council.

2.8 Fund 521 Water Facilities Fee Fund
As of June 30, 2023, the specific balance of capacity fee funds for the Water Enterprise fund is unknown. Please consult Annual Report, Section 1.3 for details.

Findings for Fund 521 Water Facilities:

17. Identify the purpose to which the fee will be put; The purpose to which fee revenues will be put is as stated in the Annual Report, Section 1.3.

18. Demonstrate the reasonable relationship between the fee and the purpose for which it is charged; The reasonable relationship between the fee and the purpose for which it is charged is substantiated by the most recent and applicable impact fee/nexus study completed by the City, See Annual Report, Section 1.3.

19. Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements for which impact fees are to be used;
The City’s impact fee and nexus study report identifies a list of improvements for which impact fees are to be used, as well as the portion of improvements to be funded by impact fee revenues.

20. Designate the approximate dates on which the funding necessary to complete financing of those improvements will be deposited into the appropriate account or fund.

The exact date of impact fee collection and deposit of funding is impossible to predict, as impact fee revenue is dependent on economic cycles associated with development activity. The City annually identifies public improvement projects that have sufficient impact fee funds available to complete, including approximate dates (fiscal year) of construction in the Capital Improvement Plan as adopted by City Council.

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Attachment: Colton Annual 5-Yr DIF Report FY 2023 (4388 : DIF Report FYE 6-30-23)

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2.9 Fund 522 Wastewater Facilities Fee Fund
As of June 30, 2023, the specific balance of capacity fee funds for the Wastewater Enterprise fund is unknown. Please consult Annual Report, Section 1.3 for details.

Findings for fund 522 Wastewater Facilities:

21. Identify the purpose to which the fee will be put; The purpose to which fee revenues will be put is as stated in the Annual Report, Section 1.3.

22. Demonstrate the reasonable relationship between the fee and the purpose for which it is charged; The reasonable relationship between the fee and the purpose for which it is charged is substantiated by the most recent and applicable impact fee/nexus study completed by the City, See Annual Report, Section 1.3.

23. Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements for which impact fees are to be used;
The City’s impact fee and nexus study report identifies a list of improvements for which impact fees are to be used, as well as the portion of improvements to be funded by impact fee revenues.

24. Designate the approximate dates on which the funding necessary to complete financing of those improvements will be deposited into the appropriate account or fund.

The exact date of impact fee collection and deposit of funding is impossible to predict, as impact fee revenue is dependent on economic cycles associated with development activity. The City annually identifies public improvement projects that have sufficient impact fee funds available to complete, including approximate dates (fiscal year) of construction in the Capital Improvement Plan as adopted by City Council.

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Attachment: Colton Annual 5-Yr DIF Report FY 2023 (4388 : DIF Report FYE 6-30-23)

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Annual & Five-Year Development Impact Fee Report
ATTACHMENT – CURRENT IMPACT FEE SCHEDULE

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ITEM NO. 13

STAFF REPORT

DATE: FEBRUARY 20, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHARLES BERRY, ELECTRIC UTILITY DIRECTOR
SUBJECT: APPROVE THE RECORDATION OF GRANT EASEMENT FOR
ELECTRIC UTILITY PURPOSES AT 360 E. VALLEY BLVD.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve the recordation of grant of easement for electric purposes at 360 E. Valley Blvd.

BACKGROUND

This easement is for one comm ercial building, and property owned by Thomas Serrato, for which an application for electric service connection for the building was submitted. This project is located at 360 E Valley (APN: 0162-251-10).

ISSUES/ANALYSIS

The owner constructed or will c onstruct the electric improvements necessary for this project. In order to maintain the new electric utility service at this location, the owner of this property needs to provide an easement to Colton Electric. The owner agreed to grant easements to the Ci ty of Colton as shown on the attached exhibit. The purpose of the easements is for access, repair, and maintenance of the electric improvements. The description and location of the easements are shown in Exhibit A.

FISCAL IMPACTS

This action will not have a financial impact to the City.

ALTERNATIVES
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Staff Report to the Mayor and City Council
Easement - Electric Utility
February 20, 2024