design for the Engineering Design and Construction Services for La Loma Reservoir Project (“Project”). The construction plans and specifications were completed in March, 2024.
ISSUES/ANALYSIS
In acc ordance with Colton Municipal Code (CMC) Section 3.08. 090, a request for Notice Inviting Formal Bids was published in The Press Enterprise on March 3, 2024, and March 8, 2024. The following bids were received on May 16, 2024, for the Project:
1 Empire Equipment Services Inc. $ 7,154,246.81 2 Paso Robles Tank Inc. $ 7,769,000.00
The City received two bids for this project. The low bidder, Empire Equipment Services Inc, did not meet the minimum experience requirements as required in the bid specifications. City staff has reviewed all bid proposals and recommends the award of a construction contract for this Project to Paso Robles Tank Inc., for $7,769,000.00. Paso Robles Tank Inc. possesses extensive experience of simil ar types of work. Reference checks conducted by staff indicate that Paso Robles Tank Inc. has satisfactorily completed similar projects for other agencies.
FISCAL IMPACTS
The total amount for the construction for the 3.0 MG La Loma Reservoir Project including a 5% contingency is $8,157,450.00. Sufficient appropriations are available in the adopted FY2024 -25 budget, including the approved FY2023 -24 carryover balance , in Water Fund Reservoir Capital Improvement Account #521-8100-8104-3890-0000-000.
ENVIRONMENTAL IMPACTS
Documents for the California Environmental Quality Act (CEQA) were prepared as part of the Preliminary Engineering phase for this Project. The Project is Categorically Exempt for CEQA.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Contract - Paso Robles tank
15 Packet Pg. 479
CONTRACT
29 CONTRACT
T H I S C O N T R A C T i s m a d e t h i s 1 6th day of July, 2024, in the County of San Bernardino, State of California , by and between the City of Col ton, hereinafter called City, and Paso Robles Tank 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 al l of the Work required in stri ct compliance with the Contract Documents as specified in Article 5 below for the following Project:
3.0 MG LA LOMA RESERVOIR
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 Three Hundred Sixty Five (365) Calendar Days from the commencement date stated in the Notice to Proceed. By its signa ture 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 Cont ractor as full compensation for the performance of the Contra ct, subject to any additions o r deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Seven Million Seven Hundred Sixty-Nine Thousand Dollars and Zer o Cents ($7,769,000.00) Payment shall be made as set forth in the General Conditions.
ARTICLE 4. LIQUIDATED DAMAGES . In accordance with Government Code section 53069.85, it is agreed that the Cont ractor will pay the City th e sum of $1,000.00 for each and every calendar day of delay beyond the time prescribed in the C ontract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeit ure. In the event this is not paid, the Contractor agrees the City m ay deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not ex clude 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
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CONTRACT
30 Designation of Subcontractors
Information Required of Bidders
Non-Collusion Affidavit form
Contract
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Provisions (or Special 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 ot hers shall be done as if requir ed 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 de emed to be included in these Contract Documents. The Contractor shall comply with all requir ements 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 ind emnification 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 sha ll 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 o therwise 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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CONTRACT
31 CITY OF COLTON
By:
Signature
Name
Title
Attest:
City Clerk
Recommended By:
Signature
Name
Title
PASO ROBLES TANK INC.
By:
Signature
Name
Title
License Number
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ITEM NO. 16
STAFF REPORT
DATE: JULY 16, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: RAY BRUNO, FIRE CHIEF
SUBJECT: APPROVE CONTRACT AWARD TO SAN BERNARDINO COUNTY
INNOVATION AND TECHNOLOGY DEPARTMENT FOR THE FIRE
DEPARTMENT RADIO REPAIR SERVICE CONTRACT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve a contract with San Bernardino County Innovation and Technology Department for radio repair and mainten ance services. This contract's maximum annual fiscal reimbu rsement amount is $80,000 annually for two years. The c ontract's provisions allow for three, one -year contract extensions pending approval from the City Manager. Approval of this contract will authorize the City Manager to execute the agreement and oversee the transition from CONFIRE - managed services to a direct contract with the County radio repair facility.
BACKGROUND
The Consolidated Fire Agencies of the East Valley (CONFIRE), has historically managed radio repair and maintenance services for our city through a contract with San Bernardino County Innovation and Technology Department. Recently, CONFIRE has decided to dece ntralize this function, requiring individual cities to contract directly with the County for these services.
This change will streamline the c ontracting process and lead to a reduction in our annual CONFIRE bill. The funds previously allocated to CONFIRE for radio repair services will be redirected to our new direct contract with the San Bernardino County Innovation and Technology Department.
ISSUES/ANALYSIS
16 Packet Pg. 593
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Contract Award - San Bernardino County Innovation and Technology Department July 16, 2024
1. Service Continuity: Transitioning to a direct contract with the San Bernardino County Innovation and Technology Department will ensure the continuation of high -quality radio repair and maintenance services without interruption. The County has consistently provided reliable services through CONFIRE, and this direct contract will maintain the same service standards.
2. Cost Efficiency: Direct contracting with the Cou nty will lead to a reduction in our CONFIRE annual bill. The savings from this reduction will be transferred to our radio repair account, ensuring budget neutrality.
3. Improved Operational Control: A direct contract allows for greater flexibility and control over the specific terms and conditions of radio repair and maintenance services. This will enable us to better tailor the services to meet our specific needs and quickly address any issues that arise.
4. Administrative Streamlining: This change will reduce administrative overhead by eliminating an intermediary layer. Direct communication and coordination with the County will streamline service management and potentially enhance the efficiency and responsiveness of repair and maintenance operations.
FISCAL IMPACTS
Amounts previously paid for radio maintenance and repairs to CONFIRE under the joint powers agreement (JPA) will be reallocated to San Bernardino County under this new agreement.
Sufficient appropriations for the contract are included in the FY2024 -25 adopted budget in General Fund Fire Operations Professional Services Account Number 100 -6090-6091-2350- 0000-000.
ALTERNATIVES
San Bernardino County Innovation and Technology Dept. is the only local provider capable of delivering the re quired level of service. Contracting with them directly ensures we continue to receive the specialized services needed to maintain our radio equipment.
ATTACHMENT
1. CON-ITD 24010- Colton Fire Radio Svcs clean
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Standard Contract Page 1 of 14
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
Innovation and Technology Department
Department Contract Representative Jeremiah Thomas
Telephone Number (909) 388-0641
Customer Colton Fire Department (6000-00BI)
Customer Representative Tom DeBellis
Telephone Number (909) 370-5101
Contract Term 7/1/2024 - 6/30/2029
Original Contract Amount Based on Actual Usage
Amendment Amount N/A
Total Contract Amount Based on Actual Usage
Cost Center Varies
INFORMATION TECHNOLOGY SERVICE REVENUE CONTRACT
This CONTRACT is entered into in the State of California by and between San Bernardino County, hereinafter called, “County”, and Colton Fire department, hereinafter called “Customer”.
Name
Colton Fire Department
Address
303 East E St.
Colton, CA 92324
Telephone
(909) 370-5101
Federal ID No. or Social Security No.
IT IS HEREBY AGREED AS FOLLOWS:
Contract Number
ITD-24010
SAP Number
N/A
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A. CONTRACTED SERVICES (Select all that apply):
General ITD Services (Attachment A)
Defined as all services contained in Attachment A “ITD Rate Sheet – External Customers” with exception to Public Safety Communication Services.
Public Safety Communications Services (Attachment B)
Defined under Public Safety Communication Services in Attachment B “ITD Rate Sheet – External Customers”.
Wide Area Network (WAN) Services (Attachment C)
Defined in Attachment C “Wide Area Network Services”.
B. PROVISION OF SERVICES
This is the County standard revenue contract to provide information technology services, hereinafter, “Services,” to Customer by the County Innovation and Technology Department, hereinafter, “ITD”.
Customer understands that County may elect to have other vendors provide similar professional services under other contracts.
All Services available under this Contract are listed in full in the Attachments and are detailed by Service name, Service description, rate, and charge measurement as applicable and as identified in the Attachments.
Services are initiated at Customer’s request, subject to ITD’s acceptance, and consist of the following types of charges, as further set forth in the Attachments:
B.1 Per item; one-time charge as requested.
B.2 Per month; per unit charge ongoing until Customer submits a request to cancel.
B.3 Per hour; per work order, project, or quote.
C. CUSTOMER RESPONSIBILITIES
Customer will:
C.1 Determine the Services needed, including any adjustments to ongoing Services.
C.2 Initiate or cancel any Services via submission of a Help Desk Ticket. Contact County Help Desk by calling: 909-884-4884 or [email protected] (email for non-urgent requests only).
C.3 Promptly inform County, in writing, of any pending changes in programs/funding applicable to Services provided herein.
D. COUNTY RESPONSIBILITIES
County will:
D.1 Provide the Services requested by Customer, subject to ITD’s approval, and in accordance with established work schedules and County Board of Supervisor (Board) approved service rates in effect at the time Service is provided.
D.2 Perform the Services in a workmanlike manner, but County assumes no liability for failure to provide or delay in providing Services under this Contract.
D.3 Furnish the necessary equipment and personnel to perform the Services, but County assumes no liability for equipment failure or adverse consequences cause by such failed equipment.
E. GENERAL CONTRACT REQUIREMENTS
E.1 Contract Amendments
Both parties agree that 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 Customer and County.
E.2 Contract Assignability
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Without the prior written consent of the County, the Contract is not assignable by Customer either in whole or in part.
E.3 Permits
Customer is responsible for obtaining and paying any costs of all permits, licenses or approvals by any regulatory bodies having jurisdiction over the uses authorized herein, as appropriate.
E.4 Attorney’s Fees and Costs
If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorney 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 Indemnification and Insurance Requirements.
E.5 Change of Address
Customer shall notify the County , in writing, of any change in mailing address within ten (10) business days of the change.
E.6 Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.
E.7 Confidentiality
To the extent applicable, if Customer 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. Customer 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 no t limited to, providing a list of disclosures or deleting personal information. Customer 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. Customer must immediately provide to the County any notice provided by a consumer to Customer 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. Customer 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).
Customer 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 Customer or an agent of Customer or otherwise made available to Customer or Customer’s agent in connection with this Contract; or, (2) information and/or data acquired, obtained, or learned by Customer or an agent of Customer regarding this Contract.
For the purposes of this provision and consistent with California Civil Code Section 1798.29, PII, is any information that can be used to distinguish or trace an individual’s identity, for example, any combination of name, social security number, date and place of birth, mother’s maiden name, or biometric records; and any other information that is linke d or linkable to an individual, such as medical, educational, financial, and employment information.
E.8 Primary Point of Contact
Customer will designate an individual to serve as the primary point of contact for the Contract.
Customer s hall not change the primary contact without prior written notice to the County.
Customer will also designate a back -up point of contact in the event the primary contact is not available.
E.9 Contract Authorization
Customer warrants and represents that the individual signing this Contract is a properly authorized representative of the Customer and has the full power and authority to enter into this Contract on the Customer’s behalf.
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E.10 County Representative
The County Chief Information Officer 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 County.
E.11 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 made in violation of the provisions of this Contract.
E.12 Legality and Severability
The parties’ actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provision s 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.
E.13 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”.
E.14 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 beha lf of the other Party hereto.
E.15 Release of Information
No news releases, advertisements, public announcements, or photographs arising out of the performance of the Contract or Customer’s relationship with County may be made or used without prior written approval of the County, as applicable.
E.16 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 ri ght to insist and demand strict compliance by the other party with the terms of this Contract thereafter.
E.17 Subpoena
In the event that a subpoena or other legal process commenced by a third party in any way concerning the Services provided under this Contract is served upon Customer 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. Customer 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.
E.18 Termination for Convenience
The County and the Customer each reserve 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 provided hereunder. Upon such termina tion, payment will be made to the County for Services rendered and expenses reasonably incurred prior to the effective date of termination. Upon receipt of termination notice County shall promptly discontinue Services unless the notice directs otherwise.
E.19 Contract Exclusivity
This is not an exclusive Contract. Customer reserves the right to enter into a contract with other contractors for the same or similar services. The Customer does not guarantee or represent that
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the County 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.
E.20 Information Dispute Resolution
In the event the Customer determines that Service in 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.
E.21 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, and San Bernardino District.
F. TERM OF CONTRACT
This Contract is effective as of July 1, 2024 (Effective Date) and remains in e ffect until June 30, 2026 with up to three one year extensions, pending approval of Colton’s City Manager.
G. TERMINATION OR SUSPENSION OF SERVICES
G.1 Immediate Suspension, Uncured Termination
The County may, in its sole discretion and without prior notice, immediately suspend all or part of the Services for breach of any of the conditions identified below. The County will provide Customer a written notice of breach and allow the Customer 30 days to correct the condition giving rise to such breach. If the Customer fails to remedy the breach within the 30-day cure period, the County may immediately terminate the Services with no further notice required.
G.1.1 Customer shall comply with all applicable laws, statutes, ordinances, administrative orders, rules or regulations relating to its duties, obligations and performance under the terms of the Contract. Customer shall ensure that it has all necessary licenses and permits required by the laws of the United States, State of California, County, and all other appropriate governmental agencies, and agrees to maintain these licenses and permits in effect for the duration of the Agreement. Customer shall notify County immediately of loss or suspension of any such required licenses and permits.
G.1.2 Customer represents and warrants to County that (i) the information Customer provides in connection with registration for the Services is accurate and complete; (ii) Customer’s use of the System is not illegal, defamatory, malicious, harmful, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) Customer’s use of the Services complies with all applicable laws, rules and regulations; (iv) Customer has obtained all consents and licenses required to legally access and use the System; (v) the execution and delivery of this Agreement will not conflict with, or violate any provision of, Customer’s charter, by-laws or other governing documents; and (vi) Customer has otherwise taken all necessary steps to legally execute this Agreement.
G.1.3 Customer agrees to abide by all existing and future security practices, policies and protocols established by the County, which the County has es tablished to ensure the integrity of the System. Customer understands that the County closely monitors the System and may perform periodic security audits to provide insight into any potential abnormalities that may impact ensuring confidentiality, integrity, and availability.
G.1.4 Customer agrees to implement measures that are reasonable for Customer’s use of the System to prevent interference with the operation of the System. NEITHER COUNTY
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NOR ANY OF ITS EMPLOYEES, AGENTS, REPRESENTATIVES, SERVICE
SUPPLIERS OR LICENSORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO, MISUSE OF, CUSTOMER’S INABILITY TO ACCESS, OR DAMAGE TO THE SYSTEM OR CUSTOMER’S FIELD EQUIPMENT, EXCEPT TO THE EXTENT CAUSED BY COUNTY’S NEGLIGENCE OR INTENTIONAL MISCONDUCT, UNLESS AND ONLY TO THE EXTENT THAT THIS DISCLAIMER IS PROHIBITED BY APPLICABLE LAW.
G.2 Immediate Termination
The County may, in its sole discretion and without prior notice, immediately suspend or terminate all or part of the Services for any of the conditions identified below. The County will promptly provide Customer a written notice of termination or suspension of Services to Customer.
G.2.1 County discovers that Customer provided false registration information, or that Customer lacked the capacity to enter into this Agreement at the time of its consummation;
G.2.2 County determines, in its sole discretion, that Customer’s use of the Services poses a threat or an adverse effect to the security, privacy, or performance of the System or to any of County’s other users or suppliers;
G.2.3 County determines, in its sole discretion, that Customer’s use of the Services is illegal;
G.2.4 County reasonably believes that Customer’s use of the Services has or will subject County to civil or criminal liability;
G.2.5 Customer fails to make any payment when due; or
G.2.6 Customer breaches any of the other material terms and conditions in this Agreement.
H. FISCAL PROVISIONS
H.1 The maximum annual fiscal year amount of reimbursement under this Contract shall not exceed $80,000.
H.2 Services are charged equitably to all customers in accordance with State Controller's Handbook of Cost Plan Procedures for California Counties.
H.3 Charges will be based on actual usage at the rates effective at the time Services are rendered (see Attachment A “ITD Rate Sheet – External Customers” and Attachment C “Wide Area Network Services”, if applicable). Rates are reviewed and subject to change annually based on the cost to provide services to Customers and are effective July 1st of each year. Rates are also su bject to change throughout the year via a mid -year rate change, if deemed appropriate based on the cost to provide services to Customers being significantly higher or lower than anticipated during the annual review. County will not amend this Contract due to rate changes or changes in usage amounts by Customer. Attachment A includes the list of County service rates effective at the time this Contract is entered into. County will attempt to provide at least thirty (30) days advance written notice of any rate change, which will be sent to Customer at the following address:
Colton Fire Department
ATTN: Tom DeBellis, Battalion Chief
303 East E St. Colton, CA 92324
H.4 Services will be billed on a monthly basis for actual expenses incurred and claimed by ITD for the preceding month.
H.4.1 For Customers that use the County’s Enterprise Financial Management System:
Monthly charges will be handled by an automated transfer processed by ITD via the County’s Enterprise Financial Management System. A copy of the billing statement can be accessed via the ITD Billing System by Customer, provided that Customer has the necessary permission on the County’s network.
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H.4.2 For Customers that do not use the County’s Enterprise Finance Management System:
County will mail a n invoice on a monthly basis starting on the Effective Date of this Contract, or starting on the installation or implementation date, if applicable. Payment shall be due sixty (60) days from date of invoice.
Payment can be made by check or electronic funds transfer (EFT). Checks shall be made payable to San Bernardino County. Customers requesting to make payments to County via electronic funds transfer (EFT) directly deposited into the C ounty’s designated bank account shall provide County with instructions to process EFT payments.
Payment address is:
Innovation and Technology Department
670 E. Gilbert Street, First Floor
San Bernardino, CA 92415-0915
Attn: Administration Services
I. DEFAULT
If the Customer does not make timely payment of amounts due under this Contract or breaches any term or condition of this Contract, County may declare immediately due and payable the entire unpaid amount, plus all other amounts due hereunder, less any unearned charges.
J. INDEMNIFICATION
The County agrees to defend and indemnify the Customer and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising solely out of the acts, err ors or omissions of County in the performance of this Agreement, except where such indemnification is prohibited by law. At its sole discretion, Customer may participate at its own expense in the defense of any claim, action or proceeding, but such partic ipation shall not relieve County of any obligation imposed by this Contract. Customer shall notify County promptly of any claim, action or proceeding and cooperate fully in the defense. Customer hereby agrees to defend and indemnify the County, its agents, officers and employees from any claim, action, or proceeding against County, arising solely out of the acts or omissions of Customer in the performance of this Agreement. At its sole discretion, County may participate at its own expense in the defense of any such claim, action or proceeding, but such participation shall not relieve Customer of any obligation imposed by this Contract.
County shall notify Customer promptly of any claim, action or proceeding and cooperate fully in the defense. In the event t hat County and/or Customer are determined to be comparatively at fault for any claim, action, loss or damage that results from their respective obligations under this Agreement, County and/or Customer shall indemnify the other to the extent of its comparative fault.
K. INSURANCE
County is an authorized self -insured public entity for purposes of General Liability and warrants that through its program of self-insurance, it has adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this Agreement.
L. NOTICES
All written notices provided for in this Contract or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:
San Bernardino County
Innovation and Technology Department
Colton Fire Department
670 E. Gilbert Street, First Floor
San Bernardino, CA 92415-0915
303 East E St.
Colton, CA 92324
Attn: Administration Services Attn: Tom DeBellis, Battalion Chief
Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.
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M. FORCE MAJEURE
Except for payment obligations and 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 Contract, that party shall, within twenty-four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party. County shall not be held liable for any delay or failure in performance of any part of this Contract from any cause beyond its control and without its fault or negligence, such as acts of God, acts of civil or military authority, government regulations, strikes, labor disputes, embargoes, epidemics, war, terrorist acts, riots, insurrections, fire, explosions, earthquakes, nuclear accidents, floods, power blackout s, brownouts, or surges, volcanic action, other major environmental disturbances, unusually severe weather conditions, inability to secure product or services of other persons or transportation facilities, or acts or omissions of transportation common carriers.
N. ENTIRE AGREEMENT
This Contract, including all Attachments, which are attached hereto and incorporated by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Contract and signs the same of its own free will. This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract. The parties shall be entitled to sign and transmit an electronic signature of this Contract (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providi ng an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request.
IN WITNESS WHEREOF , San Bernardino County and Customer have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf.
FOR COUNTY USE ONLY
SAN BERNARDINO COUNTY
(Print or type name of Customer)
By
Lynn Fyhrlund, Chief Information Officer (Authorized signature - sign in blue ink) Dated: ____________________
Name
(Print or type name of person signing contract)
Title
(Print or Type)
Dated:
Address
Approved as to Legal Form
County Counsel
Date
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ATTACHMENT A
ITD RATE SHEET – EXTERNAL CUSTOMERS
2023-24 Approved Rates
Service Service Description
Business Solutions Development
Business Solutions Labor
Services
Hourly labor programming services for the development, enhancement and maintenance of business solutions on a variety of hardware and software platforms.
Computer Operations
CPU Usage Access to applications and processing of data on the enterprise server.
Network Labor Services Hourly labor services for Local Area Network and Wi-Fi services. Includes labor services to connect a location to the Wide Area Network (WAN) via the Internet and to connect a site to the County’s WAN.
Customer is responsible for all costs related to circ uit installation, ongoing circuit charges, and office cabling.
Payroll System Services (EMACS) Maintenance, support, and enhancements of the EMACS system and infrastructure.
Virtual Private Network (VPN) Access for a single user to remotely connect to the wide area network.
Geographic Information System
Aerial Imagery Augments and enhances GIS data visualization tools, applications and solutions developed for County departments and the public.
Telecommunication Services
Public Safety Communications Services:
Dispatch Console Access,
Maintenance, and Replacement
Repair, maintenance, programming, and replacement of Motorola radio dispatch console equipment.
Pager Access Access for a single pager to connect to the County's Digital Paging System.
Radio Access and Maintenance Access for a single radio connected to the County's Public Safety Radio frequencies and repair and maintenance of that radio or radio's accessories, excluding batteries; covers normal wear and tear.
Radio Labor Services Hourly labor services for installation and repair of radio and other related equipment in vehicles, not including materials; or escort of other government agencies to County communication sites to access their equipment.
Radio Mobile Data Access Access and maintenance for radio modems in vehicles.
Telephone Services:
Dial Tone Single line telephone services. Includes voicemail, local, long distance, Telephone Service Specialist consulting services, and software changes.
Telecommunication Labor
Services – Normal Hours
Hourly labor services for telephone, data, cabling, repair, and other specialized services – Normal Hours (Monday through Friday, 7:00 am – 5:00 pm, excluding weekends and holidays).
Telecommunication Labor
Services – After Hours
Hourly labor services for telephone, data, cabling, repair, and other specialized services – After Hours (Monday through Friday, 5:00 pm – 7:00 am, and all weekends and holidays).
All Funds
Parts and Materials Parts and Materials provided per customer request.
Service 2023-24 Rate Charge Measurement
Business Solutions Development
Business Solutions Labor Services $128.21 Per hour
Computer Operations
CPU Usage $99.63 Per CPU hour
Network Labor Services $96.84 Per hour
Payroll System Services (EMACS) $6.99 Per payroll warrant Virtual Private Network (VPN) $3.46 Per VPN/month
Geographic Information System
Aerial Imagery Cost Pass Through Per customer
Telecommunication Services
Public Safety Communications Services:
Dispatch Console Access, Maintenance, and Replacement $639.48 Per console/month Pager Access $16.22 Per pager/month
Radio Access and Maintenance $53.58 Per radio/month
Radio Labor Services $88.97 Per hour
Radio Mobile Data Access $103.58 Per modem/month
Telephone Services:
Dial Tone $31.23 Per phone/month
Telecommunication Labor Services – Normal Hours $95.56 Per hour Telecommunication Labor Services – After Hours $110.52 Per hour All Funds
Parts and Materials
Actual cost plus 15%
processing and
handling Per order
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ATTACHMENT B
PUBLIC SAFETY COMMUNICATIONS SERVICES
I. SERVICES UNDER THIS ATTACHMENT
This Attachment B is applicable for Public Safety Communications services which consist of the following services as defined in Attachment A, “ITD Rate Sheet – External Customers”, and as further defined within this Attachment B:
Dispatch Console Access, Maintenance, and Replacement
Pager Access
Radio Access and Maintenance
Radio Labor Services
Radio Mobile Data Access
II. SAN BERNARDINO COUNTY PUBLIC SAFETY COMMUNICATIONS SYSTEM ACCESS The San Bernardino County (County) Public Safety Communications System, hereinafter called “System”, is composed of two components known as the backbone and field equipment. The Backbone is defined as a portion of the System that provides the means by which dispatch centers, public safety locations, mobile radios, and portable radios communicate wi th each other through voice transmission. It is composed primarily of fixed relay equipment and associated centralized dispatch and control equipment, including Radio Mobile Data Access modems owned and maintained by the County. Field Equipment is defined as that portion of the System that uses the Backbone for communications and consists primarily of local dispatch equipment, mobile radios, and portable radios.
a) System Purpose and Objective
The primary purpose of the System is to serve the County and accom modate participation by public safety and local governmental agencies in the County. Secondarily, other governmental and safety related non-governmental users may be allowed access to the System as conditions warrant and as provided for by this Contract. D uring a disaster, public safety users will receive priority in all areas, based entirely on emergency response responsibilities and access to the System by non-public safety users may be limited or suspended.
b) Backbone Operational Policies
Public safety and local governmental users shall have operational priority over all other users. In the case of a disaster, public safety users affected by the disaster shall have operational priority over all other public safety users, with County public safety users afforded the highest priority.
County has the final authority, at all times, to exercise discretionary control over the Backbone, and to otherwise manage Backbone traffic to ensure the ability of immediate-need public safety agencies to effectively communicate and for the overall benefit of all Backbone users. EXCEPT FOR GROSSLY
NEGLIENT ACTS OR OMISSIONS IN EXERCIZING ITS AUTHORITY UNDER THIS SECTION, THE COUNTY WILL HAVE NO LIABILITY WHATSOEVER FOR SYSTEM ALLOCATION DECISIONS.
c) Backbone Modification (Post Backbone Implementation) (i) The County may determine that Backbone modification is needed from time to time to meet the changing needs of County and/or users.
(ii) Costs for Backbone modifications made after the execution of this Agreement shall be assessed as follows:
(a) If the modification benefits all users, each user will bear the pro rata cost of the modification based on the user’s derived benefit. Derived benefit shall be determined as a percentage based on the number of units that are in service by eac h end user divided by the total units being serviced by the Backbone infrastructure at the time the modification is made.
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(b) If the modification improves service only for users in a definable local area, all users in such definable local area, and participating in and receiving direct benefit from the modification, shall share the costs for its implementation, operation, and maintenance equally.
(c) If the modification only applies to a specific subset of users, the subset of users that caused the modification s hall share the costs of the modification its implementation, operation, and maintenance equally.
(d) if the modification is requested by, and benefits only Customer, Customer shall bear the entire cost of the modification, its implementation, operation, and maintenance.
(iii) Customer acknowledges and agrees that the County is the sole decision-maker in determining the allocation of costs for all Backbone modifications.
d) Field Equipment
(i) Customer shall, at Customer’s expense and future financial liability, purchase and maintain its own Field Equipment.
(ii) Customer shall, at Customer’s expense, expand or modify existing Customer structures, facilities, or dispatch centers as required to support the installation of Customer’s Field Equipment.
(iii) Customer is solely respon sible for ensuring that the Field Equipment is compatible with the System.
e) Related Non-Governmental Users
(i) At times, Customer’s non -governmental users may have a need to communicate with public safety/local government services during emergencies, or in their daily support of public safety/local government services. Where it is not in conflict with Federal Communications Commission (FCC) Regulations or other laws, and subject to approval by County, Customer’s non-governmental users may be allowed to have Bac kbone access. However, Customer’s non -governmental use of the Backbone for day-to-day operations shall be on a non-interfering, prioritized basis, and subject to channel loading limits, as determined by County.
(ii) County shall be responsible for coordinating Backbone access and implementing terms and conditions of such use, including one-time and recurring costs to be paid by new users.
(iii) County shall monitor non-governmental users of the Backbone. If the needs of public safety/local government expand to the point of competition with non -governmental use of the Backbone, Customer’s non-governmental users may be required by the County to terminate their use of the Backbone.
(iv) Customer’s non -governmental users will be removed in reverse order of their entry into the System, i.e., the last user to enter the System will be the first user to be removed unless any other Customer’s non-governmental user voluntarily relinquishes access.
(v) County will provide Customer ninety (90) days prior written notice of termination of access to allow Customer’s non-governmental users to remove their equipment or transfer their operations to another communications system. At the expiration of the notice period, the Customer’s non - governmental users will be denied access to the System.
f) Backbone Ownership
It is understood that County has ownership of the Backbone, and upon any termination of this Agreement by County or by Customer, any and all rights, title, and interest in the Backbone shall remain with the County.
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III. PUBLIC SAFETY RADIO AND EQUIPMENT MAINTENANCE SERVICES The County Innovation and Technology Department (ITD) offers a number of radio and equipment maintenance services to public safety and local governmental agencies in the County of San Bernardino, as well as other governm ental and safety -related non-governmental users. Services provided under this Contract consist of Public Safety Radio, Backbone radio equipment maintenance, radio, mobile/portable radio equipment maintenance, Mobile Data Access Modems maintenance, public safety radio dispatch equipment maintenance, and radio battery replacement.
a) County Responsibilities in Providing Maintenance Services If providing maintenance services to Customer, ITD:
(i) Will maintain sufficient spare mobile radios to temporarily replace equipment that is removed from service for maintenance reasons;
(ii) Will remove, reinstall, and maintain Customer-owned radios or other covered equipment that has become defective from normal wear and usage, as solely determined by ITD, and perform repairs at ITD or elsewhere as determined by ITD;
(iii) Will provide a two-hour response time from notification for problems with radio dispatch equipment and Backbone radio equipment, and reasonable response time during normal County work hours on normal County business days for maintenance of Mobile Data Access Modems, and mobile/portable radios with afterhours service available at premium rates;
(iv) Reserves the right to subcontract for all or part of services;
(v) Assumes no liability for equipment failure in the field, or for any adverse consequences caused by such failed equipment;
(vi) Assumes no liability for failure to provide or delay in providing services, under this Agreement.
b) County Services Provided on a Time and Materials Basis (i) Service required due to Customer abuse or abnormal wear;
(ii) Service to correct attempts by Customer or unauthorized third parties to repair or modify equipment;
(iii) Facility electrical problems at Customer location(s) or vehicle electrical problems;
(iv) Services in addition to those identified above, to the extent feasible and cost -effective, as determined by ITD;
(v) Program or re-program radios at Customer’s request or in response to abnormal wear and usage, except for County-originated systems reconfigurations;
(vi) Replacement of accessories and consumable items, including batteries, antennas, and microphone cords;
(vii) Radio reactivations are processed within 5 business days af ter the request is received and are billed for each serial number reactivated at one-half of the Board-approved hourly rate in effect at the time reactivation is ordered.
c) Customer Responsibilities
Customer shall procure its own Field Equipment and shall:
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(i) Provide ITD with model and serial numbers of all equipment to be covered under this Contract.
(ii) Designate an individual as the single point of contact for maintenance coordination.
(iii) Coordinate and schedule service requirements with ITD reasonably in advance whenever possible.
(iv) Advise ITD of all radio relocations or reassignments within their fleet, within 24-hours of relocation or reassignment.
(v) Have sole responsibility to maintain a current in ventory of its Field Equipment using the System and to approve and validate billing of that inventory. Customer must notify ITD in writing when any Field Equipment is no longer in use by Customer, including notification of damaged, lost, or stolen Field Eq uipment. ITD will continue to bill Customer until notification is received, and Customer remains responsible for payment of charges for such Field Equipment. If Customer identifies discrepancies between billing and its inventory, a dispute notice should be sent by e -mail to [email protected] along with a justification and related documentation. If ITD determines that a charge was billed incorrectly, ITD will issue the applicable credit on the next monthly billing cycle.
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ITEM NO. 17
STAFF REPORT
DATE: JULY 16, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHARLES BERRY, ELECTRIC UTILITY DIRECTOR
SUBJECT: CONFIRM ONGOING EMERGENCY AT AGUA MANSA POWER
PLANT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Confirm ongoing emergency condition at Agua Mansa Power Plant and authorize the City Manager or designee to execute all necessary agreements to complete repairs to the power plant and simultaneously execute all necessary agreements for a lease engine as provisioned in Colton Municipal Code section 3.08.130(A).
BACKGROUND
During a recent routine inspection, damage was discovered to the turbine at the Agua Mansa Power Plant (AMPP). While the damage is attributed to “normal wear -and-tear,” and the equipment was scheduled for normal maintenance/replacement in November of this year, this discovery presents a serious situation and potential financial exposure for the Electric Utility.
Due to this discovery, AMPP cannot be run until repairs are completed. With AMPP out of market, the Electric Utility faces significant costs for replacement energy that are estimated to be as high as $29,000,000.
ISSUES/ANALYSIS
Given the significant financial exposure to the City and the potential for catastrophic failure of AMPP, the City Manager’s Office has issued an emergency declaration and directed staff to effectuate repairs to the plant. To accomplish this, the City has invoked Colton Munici pal Code
3.08.130 (A), dispatching with the Formal Bidding requirements and has executed agreements 17 Packet Pg. 609
Staff Report to the Mayor and City Council
Emergency at Agua Mansa Power Plant
July 16, 2024
with ProEnergy Services, LLC to overhaul the City’s gas turbine and simultaneously lease a gas turbine to bring AMPP back into market as quickly as practicable.
The engine was removed from AMPP on June 19, and transported to the repair depot in Houston, Texas. Simultaneously, the leased engine is being overhauled and prepared for transport to AMPP, with a tentative installation date of July 5, with an exp ected commissioning and test fire to occur the week of July 8. Upon successful completion of the install, commissioning and test fire, AMPP will be capable of being dispatched back into the market.
FISCAL IMPACTS
Sufficient appropriations are available in the FY2024-25 adopted budget in Electric Utility Fund Agua Mansa Power Plant Capital Account Number 520-8000-8009-4930-0101-000.
ALTERNATIVES
Provide alternative direction to staff.
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ITEM NO. 18
STAFF REPORT
DATE: JULY 16, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STEPHANIE VARGAS, DEPUTY CITY CLERK
SUBJECT: WAIVE FULL READING, READ BY TITLE ONLY AND APPROVE
SECOND READING OF AN ORDINANCE ADOPTING RATE
INCREASES TO CITY OF COLTON WATER SERVICE FEES AND
TAKING OTHER ACTIONS RELATED THERETO, TO BE KNOWN
AS O-06-24 AND WAIVE FULL READING, READ BY TITLE ONLY
AND APPROVE SECOND READING OF AN ORDINANCE
ADOPTING RATE INCREASES TO CITY OF COLTON SEWER
SERVICE FEES AND TAKING OTHER ACTIONS RELATED
THERETO, TO BE KNOWN AS O-07-24, ORDINANCE NO. O-06-24
& O-07-24.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
It is recommended to that the City Council Waive Full Reading, and Approve Second Reading of an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON,
CALIFORNIA ADOPTING RATE INCREASES TO CITY OF COLTON WATER SERVICE FEES AND TAKING OTHER ACTIONS RELATED THERETO, and
It is recommended to that the City Council Waive Full Reading, and Approve Second Reading of an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON,
CALIFORNIA ADOPTING RATE INCREASES TO CITY OF COLTON SEWER
SERVICE FEES AND TAKING OTHER ACTIONS RELATED THERETO
ATTACHMENT
1. Colton - Ordinance - O-06-24 Adopting Water Rate Increases - 2024-c1
2. Colton - Ordinance - O-07-24 Adopting Sewer Rate Increases - 2024-c1 18 Packet Pg. 611
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ORDINANCE NO. O- 06 -24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON,
CALIFORNIA ADOPTING RATE INCREASES TO CITY OF COLTON
WATER SERVICE FEES AND TAKING OTHER ACTIONS RELATED
THERETO
WHEREAS, the City of Colton (the “City”) operates a municipa l water system located within the City and certain unincorporated areas of the County; and
WHEREAS, the City undertook an evaluation of the capital infrastructure needs, water conservation program needs, and operations and maintenance costs of its water system; and
WHEREAS, b ased on th is evaluation, the City Council has determined t o increase the rates for its water service charges effective January 1, 2025; and
WHEREAS, future rate increases, beginning each July 1 thereafter, through and including July 1, 2028, will be necessary for all of the City’s water customers to enable the City to recover projected costs of providing water services and to ensure that it can safely treat and deliver water, maintain the operational and financial stability of the u tility, and avoid op erational deficits and depletion of reserves; and
WHEREAS, the rates for the water service fees are comprised of two components – a fixed service charge (the “Service Charge”) and a variable commodity charge based upon actual water usage (the “Commodity Charge”); and
WHEREAS, the Service Charge is a fixed charge established on the basis of the size of the meter serving the property and is calculated to recover a portion of the City’s fixed costs of operating, maintaining, and delive ring water. The Comm odity Charge is a consumption charge calculated on the basis of recovering the costs of providing water to property owners and customers. The Commodity Charge for all customer classes is based on a uniform rate per hundred cubic feet of water (“HCF”), or 748 gallons of water; and
WHEREAS, the City also imposes a fixed monthly fore meter service charge on certain commercial properties as a condition of extending or initiating water service by (1) the installation of a private fire suppression system, and (2) upon the request of the property owner or utility customer for the delivery of water to the property for the purpose of private fire service protection. The rates for the monthly commercial fire meter charge are established on the basis of the size of the meter serving the property and are calculated to recover the costs of providing water to such properties for private fire service protection; and
WHEREAS, the rates are calculated to proportionately allocate the costs of providin g water service amon g the customer classes and to customers within each class on a parcel basis, including the costs to recover the capital replacement, operations, maintenance, treatment, transmission, and delivery to each customer class; and
WHEREAS, i n accordance with the provisions of Article XIII D, section 6 of the California Constitution, the City mailed out notices of the proposed water rate increases and such
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notices were provided to all property owners and tenants directly liable for water service fees within the City not less than 45 days prior to the public hearing on the proposed establishment of rates and fees as set forth herein; and
WHEREAS, the City Council conducted a public hearing on June 18, 2024, in order to receive oral and written testimony regarding this Ordinance and the proposed rate increases. Said public hearing date and time was not less than 45 days after the mailing of the notice; and
WHEREAS, at the conclusion of the public hearing, written protests against the proposed rate increases were not presented by a majority of the record owners of parcels upon which the water service fees are imposed and tenants directly responsible for the payment of water service fees; and
WHEREAS, it is deemed to be in the best interests of the City to adopt the rate increases due to the fiscal impacts referenced above.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA DOES ORDAIN AS FOLLOWS:
Section 1. All of the foregoing Recitals are true and correct and the City Cou ncil so finds and determines. The Recitals set forth above are incorporated herein, are made findings and determinations of the City Council, and are made an operative part of this Ordinance.
Section 2. The City Council hereby finds and determines that written protests against the proposed rate increases were not presented by a majority of the record owners of parcels upon which water service fees are imposed and tenants directly responsible for the payment of water service fees. T he City Council there fore finds and determines that a majority protest does not exist and it is authorized to impose the rate increases as set forth herein.
Section 3. The City Council has evaluated and hereby approves the rates for water service fees in the amounts and on the effective dates set forth in the tables below.
MONTHLY FIXED SERVICE CHARGE ($/METER SIZE)
Meter Size
Rates and Effective Dates
1/1/25 7/1/25 7/1/26 7/1/27 7/1/28
5/8-inch meter $30.37 $33.41 $36.75 $38.95 $41.29
3/4-inch meter $30.37 $33.41 $36.75 $38.95 $41.29
1-inch meter $48.12 $52.93 $58.23 $61.72 $65.42
1.5-inch meter $92.49 $101.74 $111.92 $118.63 $125.75
2-inch meter $145.74 $160.31 $176.34 $186.93 $198.14
3-inch meter $287.73 $316.50 $348.15 $369.04 $391.19
4-inch meter $447.47 $492.22 $541.44 $573.93 $608.36
6-inch meter $891.19 $980.31 $1,078.35 $1,143.05 $1,211.63 8-inch meter $1,601.15 $1,761.27 $1,937.39 $2,053.64 $2,176.86 10-inch meter $2,133.62 $2,346.98 $2,581.68 $2,736.58 $2,900.78 Commercial Fire Meters – Fixed Service Charge
4-inch meter $89.53 $98.48 $108.33 $114.83 $121.72
6-inch meter $200.05 $220.06 $242.07 $256.59 $271.98
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8-inch meter $347.42 $382.16 $420.38 $445.60 $472.33
10-inch meter $543.90 $598.29 $658.12 $697.61 $739.47
MONTHLY COMMODITY CHARGE ($/HCF)
All Customer Classes
Rates and Effective Dates
1/1/25 7/1/25 7/1/26 7/1/27 7/1/28
Rate per HCF of Water
Consumed $2.39 $2.63 $2.89 $3.06 $3.25
Section 4. The City Council finds that the revenues derived from the water service charges established by this Ordinance: (1) do not exceed the funds required to provide water service; (2) shall not be used for any other purpose than that for which the rates and charges are imposed; (3) do not exceed the proportional cost of the service attributable to each customer; (4) provide services which are immediately available to the customer; and (5) are not levied for general governmental purposes.
Section 5. The City Council further finds and determines that the administration, operation, maintenance and improvements of the City water system, which are to be funded by the increased water service rates set forth herein, are necessary to maintain service within the City’s existing service area and are not in excess of the reasonable costs of providing the water services.
Section 6. The City Manager is authorized and directed to take all actions necessary to implement the authorized rates as set forth herein.
Section 7. In accordance with the California Environmental Quality Act (CEQA) a nd the CEQA Guideli nes, City staff has determined that the increases in water service charges are not a project subject to CEQA pursuant to Section 15378(b)(4) because the charges constitute the creation of a funding mechanism or other governmental fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. In addition, even if the action is considered a “project” subject to CEQA, it is exempt under Section 15273 of the CEQA Gu idelines and Public Resources Code section 21080(b)(8) because the increased charges are for the purpose of meeting operational and maintenance expenses of the aforementioned services. The documents and materials that constitute the record of proceedings on which these findings have been based are located at 650 N La Cadena Drive, Colton, CA 92324. The custodian for these records is the City Clerk.
Section 8. All ordinances, resolutions, or administrative actions by the City Council, or parts thereof, that are inconsistent with any provision of this Ordinance are hereby superseded only to the extent of such inconsistency.
Section 9. Within 15 days after adoption of this Ordinance, a summary of the Ordinance shall be published with the names of those members of the City Council voting for and against this Ordinance and a certified copy of the full text of this Ordinance, along with the names of those City Council members voting for and against this Ordinance, shall be posted in the office of the City Clerk.
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Section 10. If an y section, subsection, clause or phrase in this Ordinance is for any reason held invalid, the validity of the remainder of this Ordinance shall not be affected thereby.
The City Council hereby declares that it would have passed this O rdinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases or the application thereof be held invalid.
Section 11. This Ordinance shall take effect thirty (30) days after its final passage.
PASSED, APPROVED, AND ADOPTED this ___day of ________, 2024.
_____________________________
Frank J. Navarro, Mayor
ATTEST:
_________________________________
Stephanie Vargas, Deputy City Clerk
APPROVED AS TO FORM:
_____________________________________
Best Best & Krieger LLP
City Attorney
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ORDINANCE NO. O-07-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON,
CALIFORNIA ADOPTING RATE INCREASES TO CITY OF COLTON
SEWER SERVICE FEES AND TAKING OTHER ACTIONS RELATED
THERETO
WHEREAS, the City of Colton (the “City”) operates a municipal sewer system and sewer treatment plant, and treats and disposes of the wastewater from properties located within the City and certain unincorporated areas of the County; and
WHEREAS, the City undertook an evaluation of the capital infrastructure needs, programs, and operations and maintenance costs of its sewer system; and
WHEREAS, b ased on th is evaluation, the City Council has determined t o increase the rates for its sewer service charges effective September 1, 2024; and
WHEREAS, future rate increases , beginning each July 1 thereafter, through and including July 1, 2028 , will be necessary for all of the City’s sewer customers to enable the City to recover projected costs of providing sewer services and to ensure that it can safely treat and dispose of sewage, maintain the operational and financial stability of the utility, and avoid operational deficits and depletion of reserves; and
WHEREAS, the rates for the sewer service fees are comprised of four customer classes ─ (1) residential (which includes single-family residences, mobile homes, and churches); (2) multi- family (which includes apartment units and condominiums); (3) schools; and (4) commercial and industrial; and
WHEREAS, the rates for the monthly sewer service fees for residential and mult i-family properties are determined on an equivalent dwelling unit (EDU) basis; and
WHEREAS, the rates for schools are determined on the basis of the estimated sewer flow generated at an identified school in terms of the number of students attending (in hundreds); and
WHEREAS, the rates for commercial and industrial customers are determined on the basis of the estimated sewer flow a property contributes to the sewer system (using monthly metered water use data) and the loads that a customer’s sewage disc harges put on the system (based on biochemical oxygen demand and total suspended solids); and
WHEREAS, the rates are calculated to proportionately allocate capital replacement, operations, maintenance, treatment, and disposal costs to each customer class; and
WHEREAS, in accordance with the provisions of Article XIII D, section 6 of the California Constitution, the City mailed out notices of the proposed sewer rate increases and such notices were provided to all property owners and tenants directly liab le for sewer service fees within the City not less than 45 days prior to the public hearing on the proposed establishment of rates and fees as set forth herein; and
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WHEREAS, the City Council conducted a public hearing on June 18, 2024, in order to receive oral and written testimony regarding this Ordinance and the proposed rate increases. Said public hearing date and time was not less than 45 days after the mailing of the notice; and
WHEREAS, at the conclusion of the public hearing, written protests ag ainst the proposed rate increases were not presented by a majority of the record owners of parcels upon which the sewer service fees are imposed and tenants directly responsible for the payment of sewer service fees; and
WHEREAS, it is deemed to be in t he best interests of the City to adopt the rate increases due to the fiscal impacts referenced above.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA DOES ORDAIN AS FOLLOWS:
Section 1. All of the foregoing Recitals are true and correc t and the City Council so finds and determines. The Recitals set forth above are incorporated herein, are made findings and determinations of the City Council, and are made an operative part of this Ordinance.
Section 2. The City Council hereby finds a nd determines that written protests against the proposed rate increases were not presented by a majority of the record owners of parcels upon which sewer service fees are imposed and tenants directly responsible for the payment of sewer service fees. T he City Council therefore finds and determines that a majority protest does not exist and it is authorized to impose the rate increases as set forth herein.
Section 3. The City Council has evaluated and hereby approves the rates for sewer service fees in the amounts and on the effective dates set forth in the tables below.
RESIDENTIAL AND MULTI-FAMILY CUSTOMERS
MONTHLY SEWER RATES ($/EDU)
Customer Class
Rates and Effective Dates
7/1/24 7/1/25 7/1/26 7/1/27 7/1/28
Residential1 $45.38 $54.46 $59.90 $64.70 $69.87
Multi-Family2 $38.98 $46.78 $51.45 $55.57 $60.02
1. Includes single-family residences, homes/mobile homes, and churches.
2. Includes apartment units and condominiums.
SCHOOLS
MONTHLY SEWER RATES ($/100 Students)
Customer Class
Rates and Effective Dates
7/1/24 7/1/25 7/1/26 7/1/27 7/1/28
Schools $101.40 $121.68 $133.84 $144.55 $156.12
COMMERCIAL/INDUSTRIAL CUSTOMERS
MONTHLY SEWER RATES ($/HCF)1
Customer Class
Rates and Effective Dates
7/1/24 7/1/25 7/1/26 7/1/27 7/1/28
Commercial/Industrial
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Low Strength $2.36 $2.83 $3.11 $3.36 $3.63
Medium Strength $2.79 $3.34 $3.68 $3.97 $4.29
High Strength $6.09 $7.30 $8.04 $8.68 $9.37
Municipal Moved to Commercial (Med)
SIGNIFICANT COMMERCIAL/INDUSTRIAL CUSTOMERS
MONTHLY SEWER RATES ($/HCF)1
Customer Class Rates and Effective Dates
Special Commercial 7/1/24 7/1/25 7/1/26 7/1/27 7/1/28
Emerald Moved to Commercial (Med)
Special Med Consumption
A-Z Bus Sales Moved to Commercial (Low)
Inland Logistics, LLC Moved to Commercial (Low)
Nichols Egg Ranch Moved to Commercial (Low)
Rancho Coin Laundry Moved to Commercial (Low)
Wood Springs Hotel Moved to Commercial (Low)
Special High Consumption
Rise Baking Moved to Commercial (High)
Arrowhead Regional Med Moved to Commercial (Med)
C.R. England, Inc Moved to Commercial (High)
1. HCF means one hundred cubic feet.
Section 4. The City Council finds that the revenues derived from the sewer service charges established by thi s Ordinance: (1) do not exceed the funds required to provide sewer service; (2) shall not be used for any other purpose than that for which the rates and charges are imposed; (3) do not exceed the proportional cost of the service attributable to each custo mer; (4) provide services which are immediately available to the customer; and (5) are not levied for general governmental purposes.
Section 5. The City Council further finds and determines that the administration, operation, maintenance and improvements of the City sewer system, which are to be funded by the increased sewer service rates set forth herein, are necessary to maintain service within the City’s existing service area and are not in excess of the reasonable costs of providing the sewer services.
Section 6. The City Manager is authorized and directed to take all actions necessary to implement the authorized rates as set forth herein.
Section 7. In accordance with the California Environmental Quality Act (CEQA) a nd the CEQA Guidelines, City staff has determined that the increases in sewer service charges are not a project subject to CEQA pursuant to Section 15378(b)(4) because the charges constitute the creation of a funding mechanism or other governmental fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. In addition, even if the action is considered a “project” subject to CEQA, it is exempt under Section 15273 of the CEQA Guidelines and Public Resources Code section 21080(b)(8) because the increased charges are for the purpose of meeting operational and maintenance expenses of the aforementioned services. The documents and materials that
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constitute the record of proceedings on which these findings have been based are located at 650 N La Cadena Drive, Colton, CA 92324. The custodian for these records is the City Clerk.
Section 8. All ordinances, resolutions, or administrative actions by the City Council, or parts thereof, that are inconsis tent with any provision of this Ordinance are hereby superseded only to the extent of such inconsistency.
Section 9. Within 15 days after adoption of this Ordinance, a summary of the Ordinance shall be published with the names of those members of the City Council voting for and against this Ordinance and a certified copy of the full text of this Ordinance, along with the names of those City Council members voting for and against this Ordinance, shall be posted in the office of the City Clerk.
Section 10. If any section, subsection, clause or phrase in this Ordinance is for any reason held invalid, the validity of the remainder of this Ordinance shall not be affected thereby.
The City Council hereby declares that it would have passed this Ordinance and e ach section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases or the application thereof be held invalid.
Section 11. This Ordinance shall take effect thirty (30) days after its final passage.
PASSED, APPROVED, AND ADOPTED this ___day of ________, 2024.
_____________________________
Frank J. Navarro, Mayor
ATTEST:
_________________________________
Stephanie Vargas, Deputy City Clerk
APPROVED AS TO FORM:
_____________________________________
Best Best & Krieger LLP
City Attorney
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