Colton City Council
September 17, 2024

FISCAL IMPACTS
None.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Fund Number and Title Legend

2. Voucher lists

3. Payroll Registers
6 Packet Pg. 457
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 COMMUNITY CHILD CARE 703 CFO 87-1 DEBT SERVICE
209 DSF FLY CONSERVATION 704 CFO 87-1 CONSTRUCTION
210 SPECIAL GAS TAX 707 CFO 88-1 DEBT SERVICE
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 POLLUTION REDUCTION FUND 733 CFO 89-1 CONSTRUCTION
215 COMMUNITY DEV ACT FUND 734 CFO 89-2 CONSTRUCTION
216 CDBG HOUSING REHAB FUND 744 CFO 89-1 DEBT SERVICE
217 DRUG/GANG INTERVENTION 745 CFO 89-2 DEBT SERVICE
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 COMPENSATION
240 HOST CITY FEES - CIP 781 CFO 90-1 DEBT SERVICE
247 Quimby In Lieu Fees 782 CFO 90-1 CONSTRUCTION
248 PARK DEVELOPMENT FUND 850 Redevelopment Obligation Retirement Fund 249 TRAFFIC IMPACT FUND 851 Successor Agency Administration 250 NEW FACILITIES DEVELOPMENT FEE 855 Housing Auth - RM PARK DEVELOPMENT 251 CIVIC CENTER DEVELOPMENT FEE 856 Housing Auth - RANCHO MED BOND PROCEEDS 252 FIRE FACILITY 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 ECONOMIC DEVELOPMENT
332 1971 SEWER BONDS, A & C 867 Consolidation Proj_08-09 350 PFA Debt Fund 870 Housing Auth - RM PARK OPERATIONS 357 POB-Non Enterprise 871 Successor Agcy-RANCHO/M ILL PROJECT AREA 358 PENSION OBLIGATION DEBT SERVICE 872 Successor Agcy-RANCHO/MILL DEBT SERVICE 359 CORP YARD DEBT SERVICE 873 Successor Agcy-RDA II PROJECT FUND 363 1978-2 ASSESSMENT DIST. 874 Housing Auth - LOW/MOD DEBT SERVICE 364 WATER IMPRVMNT DIST A 875 Housing Auth - LOW/MOD BOND PROCEEDS 379 AD 1979-1 DEBT SERVICE 876 Successor Agcy-SANTA ANA RIV BND PROCEED 427 AD 94-1 CONSTRUCTION 877 Successor Agcy-SANTA ANA RIVER CIP 450 Capital Improvement Projects 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 CAPITAL IMPROVEMENT 882 Successor Agcy-MT VERNON CIP 469 EQUIPMENT REPLACEMENT 885 Successor Agcy-MT VERNON DEBT SERVICE 520 ELECTRIC UTILITY 886 RDA ADM INISTRATION
521 WATER UTILITY 887 COOLEY RANCH - now 894
522 WASTEWATER 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 Successor Agcy-RDA I DEBT SERVICE FUND 526 PUBLIC BENEFIT FUND 892 Successor Agcy-RDA I - CAPITAL PROJECTS 527 WASTEWATER UTILITY - GRAND TERRACE 893 Successor Agcy-RDA II DEBT SERVICE FUND 551 WATER DEVELOPMENT 894 Successor Agcy-COOLEY RANCH PROJECT 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 SERVICES FUND 898 Housing Auth - LOW/MOD CAPITAL PROJECTS 607 INSURANCE FUND 899 Successor Agcy-WEST VALLEY PRJ - DBT SV 608 AUTOMOTIVE SHOP 941 GENERAL LONG-TERM DEBT
610 AUTOMOTIVE SHOPS 958 GENERAL FIXED ASSETS
990 GASB 34

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Packet Pg. 553 Attachment: Payroll Registers (4619 : Warrants - Accounts Payable) ITEM NO. 7

STAFF REPORT
DATE: SEPTEMBER 17, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: AURELIO DE LA TORRE, CITY TREASURER
SUBJECT: RECEIVE AND FILE CITY TREASURER'S REPORT FOR JUNE 2024.

RECOMMENDED ACTION
Staff recommends that the City Council take the following action:

Receive and File City Treasurer’s Report for June 2024.

ATTACHMENT

1. Treasurer's Report June 2024
7 Packet Pg. 554

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Packet Pg. 565 Attachment: Treasurer's Report June 2024 (4664 : Treasurer's Report) ITEM NO. 8

STAFF REPORT
DATE: SEPTEMBER 17, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHARLES BERRY, ELECTRIC UTILITY DIRECTOR
SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLAIS & ASSOCIATES TO PROVIDE GRANT WRITING SERVICES FOR
THE U.S. ENVIRONMENTAL PROTECTION AGENCY

ENVIRONMENTAL AND CLIMATE JUSTICE COMMUNITY
CHANGE GRANTS PROGRAM AND THE FY2024-25 STATE AND
LOCAL CYBERSECURITY GRANT PROGRAM.

RECOMMENDED ACTION
Staff recommends that the City Council take the following action:

1. Approve the professional services agreement for Blais and Associates to provide grantwriting services to apply for the U.S. Environmental Protection Agency Environmental and Climate Justice Community Change Grants Program, waiving the formal bidding process in accordance with Colton Municipal Code 3.08.140 (E), and;

2. Authorize the City Manager or his designee to execute all documents related to the applications.

BACKGROUND
The City of Colton currently has a contract with Blais and Associates for grant writing services out of the City Manager's Office. The current proposal for grant writing services to apply for the U.S. Environmental Protection Agency Environmental and Climate Justice Community Change Grants Program is for $29,440 and the CalOES FY24-25 State and Local Cybersecurity Grant Program for $8,845, which when totaled with other grants would exceed the City Manager's $50,000 limit when combined with the existing contract. 8 Packet Pg. 566
Staff Report to the Mayor and City Council
Agreement - Blais & Associates
September 17, 2024

Blais and Associates are uniquely qualified due to their extensive experience and proven success in securing grants for the City of Colton. They have a well-documented history of:
 Successfully obtaining grants from State and Federal departments for the City of Colton.  Demonstrating a deep understanding of the specific requirements and expectations of these funding bodies.
 Providing tailored services that align precisely with our City’s objectives.

Proven Performance and Results
Blais & Associate's previous work with the City of Colton has consistently resulted in:
 High-quality, compelling grant proposals that align with funding agency guidelines.  A high success rate in securing funding including Department of Energy Block Grants and Department of Toxic Substance Control grants in the past FY.

Specialized Knowledge
The vendor possesses specialized knowledge and skills that are crucial for our specific needs, including:
 In-depth familiarity with the grant project as they had recently applied for a State grant application for the Strategic Grown Council Program grant which the City scored high.  Expertise in federal grant applications.

Time Sensitivity
The current timeline for grant applications necessitates immediate and dedicated support. Blais & Associates has demonstrated their ability to start work promptly and deliver high-quality proposals within tight deadlines. Their established processes and familiarity with the City’s needs ensure that the City can meet critical submission deadlines.

Due to their success and familiarity with the City of Colton, waiving the competitive bidding process under Colton Municipal Code Section 3.08.140(E), determining that bidding is accomplished “[w]hen the City Manager determines that it is in the best interest of the City and its administrative operations to dispense with public bidding for Non-Public Projects under this chapter,” is staff’s recommendation.

ISSUES/ANALYSIS
Environmental and Climate Justice Community Change Grants Program 8 Packet Pg. 567
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Agreement - Blais & Associates
September 17, 2024

The Inflation Reduction Act (IRA) created the Environmental and Climate Justice Program (ECJP). It was signed into law by President Biden on August 16, 2022. The ECJP is now contained in Section 138 of the Clean Air Act (CAA), 42 U.S.C. § 7438. Under this program, EPA was provided $2.8 billion to award grants to help disadvantaged communities address a wide range of environmental and climate justice issues and $200 million for technical assistance related to these grants. This historic investment advances Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, which established a whole-of-government approach to advancing equity and opportunity, and Executive Order 14008, Tackling the Climate Crisis at Home and Abroad, which created the government-wide Justice 40 Initiative that established the goal that 40 percent of the overall benefits of certain federal investments flow to disadvantaged communities. Awards under the ECJP also support the core goals of Executive Order 14091, Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, and Executive Order 14096, Revitalizing Our Nation’s Commitment to Environmental Justice for All. The Community Change Grants are the final and most comprehensive piece of EPA’s implementation of ECJP IRA funding. The Community Change Grants will complement grant programs that EPA launched in 2022 and 2023, including those for the Collaborative ProblemSolving, Government-to-Government, and Thriving Communities Grantmaker programs.

Collectively, these programs will empower communities and their partners to design, develop, and implement multi-faceted community-driven projects. These programs will address the diverse and unique needs of disadvantaged communities by:

1. Reducing and preventing pollution;

2. Building resilience to climate change and mitigating current and future climate risks;

3. Enhancing meaningful involvement in government processes related to environmental and climate justice;

4. Expanding access to high-quality jobs and economic opportunity through workforce development; and

5. Bolstering community strength by ensuring that residents receive the benefits of investments and have the opportunity to build on them for current and future generations.

Section 138(b)(2) of the CAA specifies that an eligible entity may use a grant awarded under this NOFO for:

1. Community-led air and other pollution monitoring, prevention, and remediation, and investments in low and zero-emission and resilient technologies and related infrastructure and workforce development that help reduce greenhouse gas emissions1 and other air pollutants;

2. Mitigating climate and health risks from urban heat islands, extreme heat, wood heater emissions, and wildfire events;

3. Climate resiliency and adaptation;

4. Reducing indoor toxics and indoor air pollution; or
8 Packet Pg. 568
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Agreement - Blais & Associates
September 17, 2024

5. Facilitating engagement of disadvantaged communities in state and federal advisory groups, workshops, rulemaking, and other public processes.

The application will intend to receive funding to construct the City of Colton's Zero Net Energy Resilience Center in South Colton. The Center will be a zero-net energy building generating energy onsite as a microgrid independent from the local electric grid, using clean renewable resources, and reducing Greenhouse Gas (GHG) emissions in the area. The Center will also provide community resilience services and programming, such as climate resiliency and energy efficiency classes and demonstrations, fire department Emergency Operations Center (EOC) for training and volunteer programs, emergency preparedness programs, adult and high school educational programs, and demonstration gardening with water resiliency and nature-based solution programs.

State and Local Cybersecurity Grant Program (SLCGP)
In September 2022, the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) issued the Fiscal Year (FY) 2022 State and Local Cybersecurity Grant Program (SLCGP), Notice of Funding Opportunity (NOFO). The FY 2023 SLCGP NOFO was subsequently released in August 2023.

The Competitive Funding Opportunity (CFO) provides the information necessary to prepare a proposal for Cal OES’s grant funds for the FY 2024 SLCGP. The SLCGP is a competitive grant; therefore, scoring criteria are established and grants are awarded for the top-scoring applications.

Applications are recommended for funding based on the entities’ proposed projects alignment with the California SLCGP Cybersecurity Plan as identified in the CFO.

Strengthening cybersecurity practices and resilience of state, local, and territorial (SLT) governments is an important national homeland security mission and the primary focus of the SLCGP. Through funding from the Infrastructure Investment and Jobs Act (IIJA), also known as the Bipartisan Infrastructure Law (BIL), the SLCGP enables DHS/FEMA to make targeted cybersecurity investments in SLT government agencies, thus improving the security of critical infrastructure and improving the resilience of the services SLT governments provide to their community.

The goal of SLCGP is to assist SLT governments with managing and reducing systemic cyber risk. With SLCGP funding, Subrecipients are required to address how at least one or more of the following program objectives will be met in their proposed project(s):
 Develop and establish appropriate governance structures, including developing, implementing, or revising cybersecurity plans, to improve capabilities to respond to cybersecurity incidents and ensure continuity of operations.  Understand their current cybersecurity posture and areas of improvement based on continuous testing, evaluation, and structured assessments.  Implement security protections commensurate with risk. 8 Packet Pg. 569
Staff Report to the Mayor and City Council
Agreement - Blais & Associates
September 17, 2024

 Ensure organization personnel are appropriately trained in cybersecurity, commensurate with responsibility.

FISCAL IMPACTS
Sufficient appropriations for grant writing services for the Environmental and Climate Justice Community Change Grants Program are budgeted and available in the FY2024-25 adopted budget in account Electric Utility Fund Environmental Sustainability and Conservation Division Professional Services Account Number 520-8000-8005-2350-0923-000. Sufficient appropriations for grant writing services for the State and Local Cybersecurity Grant Program (SLCGP) are budgeted and available in the adopted FY2024-25 budget in General Fund Finance Administration Professional Services Account Number 100-6040-6041-2350-0000-000.

ALTERNATIVES

1. Provide alternative direction to staff.
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ITEM NO. 9

STAFF REPORT
DATE: SEPTEMBER 17, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: RAY BRUNO, FIRE CHIEF
SUBJECT: APPROVE AGREEMENT WITH CONFIRE TO OPERATE SURGE AMBULANCE.

RECOMMENDED ACTION
Staff recommends that the City Council take the following action:

Approve, and have City Manager sign, agreement between Confire and City of Colton to operate surge ambulance.

BACKGROUND
On December 5, 2023, the Board of Supervisors awarded CONFIRE EMS and Mobile Health, the contract for ground ambulance services for eleven exclusive operating areas in the county, known as the comprehensive service area. CONFIRE EMS is scheduled to start ground ambulance transportation services on October 1, 2024. To meet the contract's response time obligations, CONFIRE EMS created a high-performance EMS system using complex System Status Management (SSM) plans, including emergency surge deployment plans.

Recognizing the crucial need for efficient coordination within our ambulance system, CONFIRE's Proposal included a provision for certain Member and Contract Agencies to provide Advanced Life Support ("ALS") and Basic Life Support ("BLS") Ground Ambulance Services to our communities in times of surge demand or in the event of a mass-casualty or disaster response. As with any Colton Fire Department resource, the needs of the City of Colton are a priority. Any request to staff a surge ambulance will be weighed against current staffing and conditions in the City of Colton.

ISSUES/ANALYSIS
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Staff Report to the Mayor and City Council
Agreement - CONFIRE
September 17, 2024

The City of Colton Fire Department committed to providing an emergency surge ambulance.

Fire department staff will utilize trained Firefighter Paramedics and EMTs to operate a fully equipped and stocked Priority Ambulance. CONFIRE requests an agreement with the City of Colton to memorialize the scope of work and reimbursement to the City of Colton. The term of the agreement is for five years, effective October 1, 2024. The agreement may be extended an additional five-year term upon the extension of County contract 23-1282 with CONFIRE.

FISCAL IMPACTS
The City of Colton will be reimbursed on a per-unit-hour basis of $152.80 to compensate for staff time while operating the surge ambulance. Priority Ambulance California, LLC will pay for all maintenance and operating costs of the Priority Ambulance. The surge ambulance would be staffed by two Firefighter/Paramedics. In a scenario that both staffed positions were filled by overtime, the reimbursement rate of $152.80 hourly would still exceed the actual Colton cost of overtime.

ALTERNATIVES
Provide alternative direction to staff.

ATTACHMENT

1. CONFIRE^Surge Ambulance Agreement^COL^2024.08.26
9 Packet Pg. 572

AGREEMENT

BY AND BETWEEN

CONSOLIDATED FIRE AGENCIES
AND

THE CITY OF COLTON
This Agreement is made and entered into by and between the Consolidated Fire Agencies, a Joint Powers Authority, duly authorized and existing under Government Code, § 6500 et seq. (hereinafter referred to as “CONFIRE”) and the City of Colton on behalf of the Colton Fire Department (hereinafter referred to as “COL”). CONFIRE and COL may be referred to individually as Party, or collectively Parties.

RECITALS
WHEREAS, CONFIRE submitted a Proposal in response to RFP # ICEMA23-ICEMA-4811, Advanced Life Support and Basic Life Support Ground Ambulance Services, Interfacility and Critical Care Transport Services for Exclusive Operating Areas in San Bernardino County (“Proposal”); and, WHEREAS, CONFIRE’s Proposal included a provision for certain Member and Contract Agencies to provide Advanced Life Support (“ALS”) and Basic Life Support (“BLS”) Ground Ambulance Services (collectively referred to as “Transport Services”; and, WHEREAS, CONFIRE was selected as the successful bidder for RFP# ICEMA23-ICEMA-4811 and entered into Contract Number 23-1282 with San Bernardino County, a copy of which is attached hereto as Attachment 1, and incorporated herein by this reference; and, WHEREAS, COL, a Member Agency of CONFIRE, committed to provide Surge Transport Services; and,
WHEREAS, COL’s commitment to provide Transport Services was included in CONFIRE’s Proposal; and,
WHEREAS, in the delivery of the requisite Transportation Services COL may operate and/or utilize apparatus that is owned by Priority, CONFIRE’s partner for the delivery of services identified in Contract Number 23-1282 with San Bernardino County; and
WHEREAS, the Parties desire to enter into this Agreement to memorialize COL responsibilities when using and/or operating Priority Ambulance apparatus or equipment; and WHEREAS, while not a signatory to this Agreement, Priority is a third-party beneficiary; and WHEREAS, it is the intent of the parties hereto that in accordance with Contract Number 23-1282, COL will provide the services herein described, subject to the terms and conditions contained herein and within Contract Number 23-1282.

TERMS
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter contained and for good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows:

1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated into this Agreement by this reference.

2. SCOPE OF WORK:

A. In the event that COL utilizes and/or operates Priority Ambulance apparatus or equipment,

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COL agrees to the following terms and conditions:
i. Such Services shall be provided in accordance with the terms and conditions of Contract Number 12-1282.
ii. COL represents and warrants to CONFIRE that it has the necessary infrastructure, resources, personnel, training, and licenses to provide the Services under this Agreement in accordance with all terms of this Agreement.

3. PAYMENT:

CONFIRE shall compensate COL for the Services provided as set forth below:

A. Unit Hour Cost for COL personnel using a Priority apparatus and/or equipment will be reimbursed at a rate of One Hundred Fifty-Two Dollars and Eighty Cents ($152.80).

B. Payment shall be made to COL on a quarterly basis based upon invoices that are prepared from CAD data, reflective of the in-service hours for COL.

C. CONFIRE will review the reimbursement rates annually on or before March 1 of each year and adjust the payments to COL in accordance with such adjustments.

4. TERM OF AGREEMENT:

A. Effective Date: This Agreement shall become effective on October 1, 2024, the date specified for services in Contract Number 23-1282.

B. Term: This Agreement shall remain in full force and effect from the Effective Date until September 30, 2029, unless terminated in accordance with the provisions herein. This Agreement may be automatically extended by an additional five (5) year term upon the extension of Contract Number 23-1282 by CONFIRE and San Bernardino County.

5. MODIFICATIONS TO AGREEMENT: A review of the Agreement terms may be initiated at any time by either Party upon written notice to the other. The parties agree to negotiate in good faith and deal fairly with respect to performance under this Agreement and any proposed modifications. This Agreement may be modified only in writing and with the approval of both COL and CONFIRE through each entity’s governing body.

6. EMPLOYEE STATUS/WORKERS’ COMPENSATION: It is expressly understood that in the performance of the Services herein provided for, COL shall be, and is, an independent contractor and is not an agent or employee of CONFIRE. COL has and shall retain the right to exercise full control and supervision of the Services and full control over the employment, direction, assignment, compensation, and discharge of all persons employed by COL and assisting in the performance of Services hereunder. COL shall be solely responsible for all matters relating to the payment of its employees, including compliance with social security, workers’ compensation, withholding, and all regulations governing such matters.

7. INDEMNIFICATION:

A. COL agrees to indemnify, defend (with counsel reasonably approved by CONFIRE) and hold harmless CONFIRE and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of the performance of this Agreement by COL, and/or its officers, employees, agents, contractors or volunteers, including the acts, errors, or omissions of COL and for any costs or expenses incurred by CONFIRE 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. COL’s indemnification obligation shall not apply to CONFIRE’s negligence or “willful” misconduct within the meaning of Civil Code Section 2782.

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B. COL agrees to indemnify, defend (with counsel reasonably approved by Priority) and hold harmless Priority and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of the performance of the services set forth in this First Addendum by COL, and/or its officers, employees, agents, contractors or volunteers, including the acts, errors, or omissions of COL and for any costs or expenses incurred by Priority 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. COL’s indemnification obligation shall not apply to Priority’s negligence or “willful” misconduct within the meaning of Civil Code Section 2782.

8. INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES
COL is an authorized public entity for the purpose of General Liability, Automobile Liability, Worker’s Compensation, Errors and Omissions, and Professional Liability policies. COL warrants that either through maintaining in force insurance policies, or through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities and which may arise from or in connection with the performance of the work hereunder by COL, its agents, representatives, or employees as set forth below
A. Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $3,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if COL has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $3,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Professional Liability (Errors and Omissions) Insurance appropriates to COL’s profession, with limit no less than $3,000,000 per occurrence or claim, $3,000,000 aggregate. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a Retroactive Date prior to the contract effective date, COL must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the CONFIRE for review.

If COL maintains broader coverage and/or higher limits than the minimums shown above, then CONFIRE requires and shall be entitled to the broader coverage and/or higher limits maintained by COL. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CONFIRE.

B. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

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1. The CONFIRE, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of COL including materials, parts, or equipment furnished in connection with such work or operations.

2. General liability coverage can be provided in the form of an endorsement to COL’s insurance at least as broad as one of the following ISO ongoing operations Forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations Forms: CG 20 37, CG 20 39 (not allowed from subcontractors), or CG 20 40.

C. Primary Coverage
For any claims related to this contract, COL’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the CONFIRE, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the CONFIRE, its officers, officials, employees, or volunteers shall be excess of COL’s insurance and shall not contribute with it.

D. Notice of Cancellation
COL shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or selfinsured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, COL shall forthwith obtain and submit proof of substitute insurance.

E. Waiver of Subrogation
COL hereby grants to CONFIRE a waiver of any right to subrogation which any insurer of said COL may acquire against the CONFIRE by virtue of the payment of any loss under such insurance. COL agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the CONFIRE has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the CONFIRE for all work performed by the Contractor, its employees, agents and subcontractors.

F. Self-Insured Retentions
Self-insured retentions must be declared to and approved by the CONFIRE. The CONFIRE may require COL to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or CONFIRE.

G. Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the CONFIRE.

H. Verification of Coverage
COL shall furnish the CONFIRE with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to CONFIRE before work begins. However, failure to obtain the

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required documents prior to the work beginning shall not waive COL’s obligation to provide them.

The CONFIRE reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

I. Subcontractors
COL shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that CONFIRE is an additional insured on insurance required from subcontractors.

J. Special Risks or Circumstances
CONFIRE reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

9. COL RECORDS:

COL shall maintain all records and books pertaining to the delivery of Services under this Contract and demonstrate accountability for Agreement performance as set forth in Contract Number 23- 1282.

All records shall be complete and current and comply with all Agreement requirements. Such records include but are not limited to patient care reports. Failure to maintain acceptable records shall be considered grounds for withholding of payments for invoices submitted and/or termination of the Agreement.

All records relating to COL’s personnel, consultants, subcontractors, Services/Scope of Work, and expenses pertaining to this Agreement shall be kept in a 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.

CONFIRE, State and Federal government shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of COL in the delivery of Services provided under this Contract. COL shall cooperate fully in any auditing or monitoring conducted. COL shall cooperate with CONFIRE in implementing, monitoring, and evaluating this Contract and comply with any and all reporting requirements established by CONFIRE. COL shall not disclose any protected health information or any other record or information protected by state and/or federal law to CONFIRE, State, and Federal government under this section of the Agreement.

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

10. WAIVER: No waiver of a breach of any provision of this Agreement will constitute a waiver of any other breach or of such provision. Failure of either Party to enforce at any time, or from time to time, any provision of this agreement will not be construed as a waiver thereof. The remedies herein reserved will be cumulative and additional to any other remedies in law or equity.

11. PARTIAL INVALIDITY: Should any part, term, portion, or provision of this Agreement be finally decided to be in conflict with any law of the United States or the State of California or otherwise be

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unenforceable or ineffectual, the validity of the remaining parts, terms, portions, or provisions will be deemed severable and will not be affected thereby, provided such remaining portions or provisions can be construed in substance to constitute the agreement which the parties intended to enter into in the first instance.

12. NOTICES: All notices required or permitted to be given pursuant to this Agreement may be personally served on the other party by the party giving such notice or may be served by certified mail, return receipt requested, to the following addresses:

Colton Consolidated Fire Agencies
Fire Department Joint Powers Authority
Attn: Ray Bruno Attn: Nathan Cooke
303 East “E” Street 1743 Miro Way
Colton, CA 92324 Rialto, CA 92376

13. APPLICABLE LAW: At all times during the term of this Agreement, CONFIRE and COL shall comply with all applicable laws, ordinances, rules, and regulations of the United States of America, the State of California, including all agencies and subdivisions thereof, and the Inland Counties Emergency Medical Agency.

14. VENUE: The venue of any action or claim brought by any party to the Agreement will be the Superior Court of San Bernardino County. Each party hereby waives any law or rule of the court that would allow them to request or demand a change of venue. If any action or claim concerning the Agreement 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 San Bernardino County.

15. ATTORNEYS’ 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 the prevailing party is. This paragraph shall not apply to those costs and attorney fees directly arising from a thirdparty legal action against a party hereto and payable under Indemnification and Insurance Requirements.

16. CONTRACT ASSIGNABILITY: Without the prior written consent of CONFIRE, COL may not assign or subcontract its obligations under this Agreement either in whole or in part.

17. CONFIDENTIALITY:

Pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the Health Information Technology for Economic and Clinical Health (“HITECH”) Act, regulations have been promulgated governing the privacy of individually identifiable health information. COL acknowledges that it is a covered entity and subject to the requirements of HIPAA and HITECH, and their implementing regulations. COL agrees to comply fully with the terms of HIPAA and HITECH and the regulations promulgatedthereunder and to ensure any subcontractors utilized to fulfillServices pursuant to this Contract comply with said provisions. COL further agrees to comply with the requirements of all other applicable federal and state laws/regulations that pertain to the protection of healthinformation.

18. RELEASE OF INFORMATION: No news releases, advertisements, public announcements, or photographs arising out of the Agreement or COL’s relationship with CONFIRE may be made or used without prior written approval of CONFIRE.

19. TIME OF THE ESSENCE: Time is of the essence in the performance of this Agreement and of each of its provisions.

20. CORRECTION OF PERFORMANCE DEFICIENCIES:

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

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B. In the event of a non-cured breach, CONFIRE may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Agreement:

A. Afford COL thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of CONFIRE; and/or B. Terminate this Agreement immediately and be relieved of the payment of any consideration to COL. In the event of such termination, CONFIRE may proceed with the work in any manner deemed proper by CONFIRE. The cost to CONFIRE shall be deducted from any sum due to COL under this Agreement, and the balance, if any, shall be paid by COL upon demand.

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. EMPLOYMENT DISCRIMINATION: During the term of the Contract, COL 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. COL shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and 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.

23. DEBARMENT AND SUSPENSION: COL certifies that neither it nor its principals or employees are presently disbarred, 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). COL 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.

24. ENTIRE AGREEMENT: This Agreement, including all Exhibits and other 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 Agreement not expressly set forth herein are of no force or effect. This Agreement 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 Agreement and signs the same of its own free will. This Agreement 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 Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each Party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request.

25. MISCELLANEOUS: COL shall ensure all personnel providing Services under this Agreementhave all required licenses and certifications required by the State of California and the Inland Counties Emergency Medical Agency, and as specifically set forth in Contract Number 23-1282.

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26. DISPUTES: In the event of a dispute, the parties shall use their best efforts to settle the dispute through negotiation with each other in good faith.

IN WITNESS WHEREOF, COL, and CONFIRE have caused this Agreement to be executed by their authorized agents.

The Parties have executed this Agreement on the dates indicated below.

CONFIRE
Date: , 2024
By:

Print Name: Nathan Cooke
Its: Interim Executive Director

CITY OF COLTON
Date: , 2024
By:

Print Name: ____________
Its: ___________________

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Attachment 1
to
Agreement for Transport Services

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STAFF REPORT
DATE: SEPTEMBER 17, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: HEIDI DURON, DEVELOPMENT SERVICES DIRECTOR SUBJECT: APPROVE AND ADOPT A CONTRACT FOR ENVIRONMENTAL

SERVICES WITH FIRST CARBON SOLUTIONS INTERNATIONAL,
INC., AND CORRESPONDING REIMBURSEMENT AGREEMENT
WITH APPLICANT.

RECOMMENDED ACTION
Staff recommends that the City Council take the following action:

1. Authorize the City Manager to execute the attached Professional Services Agreement (PSA) with First Carbon Solutions International, Inc., for $35,590 to provide environmental services on behalf of IDI Logistics to revise the Air Quality Analysis and 15183 Consistency Checklist for Agua Mansa Project (DAP-001-668 and DAP-001-716) as per the terms of the PSA, including exhibits attached thereto.

2. Authorize the City Manager to execute the attached Reimbursement Agreement with IDI Logistics to fund consultant services to revise the Air Quality Analysis and 15183 Consistency Checklist for Agua Mansa Project (DAP-001-668 and DAP-001-716).

BACKGROUND
In response to current lawsuit, staff has provided a scope of work (Attachment 1) for revisions to the Air Quality Analysis and 15183 Consistency Checklist. More specifically, the 15183 Consistency Checklist will be updated per the revised Air Quality Analysis as it relates to operational air quality. As a subconsultant to FCS, Urban Crossroads, Inc. (Urban Crossroads) will provide a technical memorandum summarizing project design features recommended for incorporation into the 15183 Consistency Checklist. Furthermore, the 15183 Consistency Checklist will be revised to remove discussion related to the parking Variance, in response to the 10 Packet Pg. 582
Staff Report to the Mayor and City Council
Contract Award - First Carbon Solutions International, Inc.

September 17, 2024

Writ Petition, and will update exhibits to reflect the updated site plan as provided by the applicant.

As the “lead agency” for carrying out and approving the proposed project, the City of Colton is responsible for causing the environmental document to be prepared (CEQA Guidelines, Section 15183). Because the City is the public agency having jurisdiction by law over the project, the environmental document becomes the City’s document to comply with CEQA. Staff, environmental consultant and the Applicant have agreed to the scope of this proposal related to Planning File Index Numbers DAP-001-668 and 716 located at 1400 and 1500 Agua Mansa Road.

ISSUES/ANALYSIS
Staff is recommending that one of the City’s pre-qualified environmental consultants, First Carbon Solutions International, Inc., be selected to continue preparation of the CEQA document.

All technical analyses associated with the Consistency Checklist will be prepared directly by the consultant and subconsultants (Air Quality Analysis/Design Features). The consultant’s services will be overseen directly by staff to ensure that content, quality, and timeframe commitments are met.

Staff is also requesting approval of a corresponding Reimbursement Agreement with the applicant to ensure funding of all consultant services of $35,590.00, including legal services associated with the project are collected by staff prior to giving Notice to Proceed with the Project. Because First Carbon Solutions has already been approved, July 16, 2024, for a separate contract totaling $314,740 in this calendar year, overall contracts are over the City Manager’s $50,000 authority, requiring City Council to approve the contract.

FISCAL IMPACTS
The full amount of the $35,590.00 cost of environmental consultant services will be funded by the applicant, IDI Logistics, a Limited Liability Corporation. The contract will be funded in full by the applicant through deposit into General Fund Revenue Account Number 100-6799-000.

Sufficient appropriations are available for the contract in the adopted FY2024-25 budget in General Fund Planning Developer Professional Services Account Number 100-6300-6301-2357- 0000-000.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Attachment 1 - PSA_FCS_CEQA_Court Ordered Review DAP-001-668 and 716-1

2. Attachment 2- Reimbursement Agreement_IDI Logistics_8-20-24-2 10 Packet Pg. 583
23152.06332\42618623.1
(BB&K 2018)

CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of September, 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 92324 ("City") and FCS International, Inc. dba First Carbon Solutions, at 650 E. Hospitality Lane, Suite 125, San Bernardino, CA 92408 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Environmental Assessment Document Preparation services to public clients, is licensed in the State of California, and is familiar with the plans of the City.

2.2 Project.

City desires to engage Consultant to render such environmental consulting services for the Agua Mansa Logistics Projects (Project) (File Index Nos. DAP-001-668 and 716) located at 1400 and 1500 Agua Mansa Road as set forth in this agreement.

2.3 Scope of Services and Term.

2.3.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional environmental consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

2.3.2 Term. The term of this Agreement shall be from July 16, 2024 to February 28, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than six months/ Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

2.4 Responsibilities of Consultant.

2.4.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials,

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officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

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

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

2.4.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Mary Bean, Environmental Services Director, or his/her designee.

2.4.5 City's Representative. The City hereby designates Heidi Duron, Development Services Director, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

2.4.6 Consultant's Representative. Consultant hereby designates Mary Bean, Environmental Services Director, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

2.4.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally

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recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services.

Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

2.4.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

2.4.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

2.4.10.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections.

2.4.10.2 Employment Eligibility; Subcontractors, Consultants, Subsubcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants

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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.

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

2.4.10.4 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

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

2.4.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where 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 subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

2.4.11 Insurance.

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

3.2.11.2Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to

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property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants. Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 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. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.

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, Consultant 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 insurance 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 Consultant or the City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement.

3.2.11.3Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability.

Defense costs shall be paid in addition to the limits.

3.2.11.4Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) 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 completed operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same

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coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’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 Consultant’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 3.2.11.4(A). (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.

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 3.2.11.4(B). (C) Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (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.

3.2.11.5Separation 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 other additional insureds, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant 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 subconsultants.

3.2.11.6 Deductibles and Self-Insurance Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant

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

3.2.11.7 Subconsultant Insurance Requirements. Consultant shall not allow any subconsultants 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 Consultant, the City may approve different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

3.2.11.8Acceptability 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.

3.2.11.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received 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.

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

2.4.12 Water Quality Management and Compliance.

2.4.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.

2.4.12.2 Compliance with Water Quality Laws, Ordinances and Regulations.

Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.

2.4.12.3 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.

2.4.12.4 Liability for Non-compliance.

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(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.2.12.2 of this Agreement is a violation of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity. (C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.

2.5 Fees and Payments.

2.5.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed thirty-five thousand five hundred and ninety dollars ($35,590) for the project without written approval of the City Council or City Manager as applicable. City Manager may authorize up to 5% increase in compensation for extra work.

Extra Work, if authorized, will be compensated at the rates and manner set forth in this Agreement.

2.5.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

2.5.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

2.5.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

2.5.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section

3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”

2.6 Labor Code Requirements.

2.6.1 Prevailing Wages. Consultant is aware of the requirements of California Labor

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Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

2.6.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City.

Consultant 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 Consultant or any subconsultant.

2.6.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's 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.

2.7 Accounting Records.

2.7.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

2.8 General Provisions.

2.8.1 Termination of Agreement.

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2.8.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

2.8.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

2.8.1.3 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.

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

Consultant: FCS International, Inc.
650 East Hospitality Lane, Suite 125
San Bernardino, CA 92408
ATTN: Cecilia So, Senior Project Manager
City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
ATTN: Heidi Duron, Development Services Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address.

Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

2.8.3 Ownership of Materials and Confidentiality.

2.8.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain

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or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

2.8.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

2.8.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

2.8.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

2.8.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services.

Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

2.8.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including

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attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

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

2.8.5 Indemnification.

2.8.5.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

2.8.5.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

2.8.6 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.

2.8.7 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City.

Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

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

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

2.8.10 Successors and Assigns. This Agreement shall be binding on the successors and

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assigns of the parties.

2.8.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

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

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

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

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

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

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

2.8.18 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

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

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2.9 Subcontracting.

2.9.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON NEXT PAGE]

SIGNATURE PAGE TO

PROFESSIONAL SERVICES AGREEMENT BY AND

BETWEEN THE CITY OF COLTON AND FIRST CARBON
SOLUTIONS, INC.

CITY OF COLTON FCS International Incorporated
a Corporation.

By: ____________________________ By: _________________________ Wiliam R. Smith
City Manager
Attest:

By: _________________________
Stephanie Vargas
Deputy City Clerk

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(BB&K 2018)
EXHIBIT "A"

SCOPE OF SERVICES
Scope of Work
TASK 1: PRIOR COORDINATION ON LITIGATION
FCS has assisted the City during litigation with miscellaneous tasks and responses including:
□ Coordination with City staff
□ Review of petitions
□ Discussions regarding updates to on potential settlement □ Respond to emails and questions from City staff related to air quality □ Review of documents
□ Preparation of several Notice of Determinations (NOD) □ Emails with City attorney regarding the traffic study TASK 2: REVISED AIR QUALITY ANALYSIS
Urban Crossroads will review the proposed project design features that would be included in the project, as provided by the applicant team. Upon review of the project design features, Urban Crossroads will prepare a brief technical memorandum summarizing the need for preparation of the revised air quality analysis and summarize the benefits of the project design features for incorporation into the revised CEQA documentation.

Deliverables
□ Electronic copy via email of the Revised Air Quality Analysis technical memorandum to the City.

TASK3:DRAFT15183CONSISTENCYCHECKLIST
FCS will revise the 15183 Consistency Checklist and incorporate the technical memorandum provided by Urban Crossroads under Task 1. The technical memorandum will be appended to the 15183 Consistency Checklist as well. As part of this task, FCS will remove discussions related to the parking variance in the 15183 Consistency Checklist. Furthermore, FCS will update corresponding exhibits with an updated site plan as provided by the applicant. The Draft 15183 Consistency Checklist will be submitted to the City for review. It is

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assumed that City staff will coordinate with the applicant for review and provide a single set of consolidated comments within 2 weeks of receipt.

Deliverables
□ Electronic copy via Dropbox of the Draft 15183 Consistency Checklist in PDF and Word formats to the City.

TASK 4: FINAL 15183 CONSISTENCY CHECKLIST AND NOD
This task assumes that City staff will coordinate with the applicant for review of the Draft 15183 Consistency Checklist and provide a single set of consolidated comments (with tracked changes in the Word document). FCS will revise the Draft 15183 Consistency Checklist per City staff and applicant comments and prepare a Final 15183 Consistency Checklist. Note that this Scope of Work assumes only one round of comments and revisions to the Draft 15183 Consistency Checklist. Should the estimated hours needed to complete this task exceed the cost identified herein, FCS will coordinate with City staff regarding the need for additional funds to ensure incorporation of all comments and edits.

As part of this task, FCS will prepare the Notice of Determination (NOD) for the project to be filed within 5 business days of project approval. FCS assumes that the applicant will file the NOD with the San Bernardino County Clerk’s Office within 5 business days of project approval. City staff or the Applicant will be responsible for filing the NOD and paying the associated filing fees. Furthermore, the FCS will file the NOD to the State Clearinghouse via CEQA Submit.

Deliverables
□ Electronic copy via Dropbox of the Final 15183 Consistency Checklist in PDF format to the City.
□ Electronic copy via email of the NOD in PDF format to the City. □ Electronic copy via CEQA Submit of the NOD in PDF format to the State Clearinghouse.

TASK5:MEETINGATTENDANCE
This Scope of Work assumes that FCS Project Manager will attend the following meetings: Coordination Meetings
□ Four half-hour meetings (i.e., bi-weekly team meetings) with the City and/or Applicant.

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It is assumed these meetings can be completed virtually via conference call. FCS may attend additional virtual meetings on a time-and-material basis, under separate authorization.

Public Hearings
□ Planning Commission—one, 4-hour meeting
□ City Council—one, 4-hour meeting
As noted, the meetings would consist of a combination of coordination meetings with City staff/Applicant Team and public hearings. A not-to-exceed budget has been established to cover attendance at the meetings. Costs include meeting preparation and total amount of travel time by FCS Project Manager. Should the City and/or Applicant request additional FCS technical staff in attendance, or if the amount of time involved in these meetings exceeds the initial budget allocation, FCS will notify City staff of the additional costs and obtain authorization for the extra meeting time.

TASK 6: PROJECT MANAGEMENT
In addition to the research, analysis, communications, and report writing tasks described above, FCS will perform a variety of project management duties to ensure that the 15183 Consistency Checklist meets the City’s standards of quality, and that it is delivered on time and within budget. These duties will include team supervision and coordination, oral and written communications with City staff, project accounting, and quality assurance review by FCS’s Project Director and Technical Editor of all deliverable products. These services will also include ongoing support to the Applicant and City staff, such as providing input to staff reports, regular schedule updates, and discussions of technical issues. This task assumes 25 hours of staff time.

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EXHIBIT "B"

SCHEDULE OF SERVICES
Task Week
Task 1: Prior Coordination on Litigation Completed
- Receive City’s Notice to Proceed/ExecutedContract 1
Task 2: Revised Air Quality Analysis (Urban Crossroads) 2 Task 3: Draft 15183 Consistency Checklist 4
- Receive City/Applicant comments on Draft 15183 Consistency Checklist 6 Task 4: Final 15183 Consistency Checklist and NOD 8
Task 5: Meeting Attendance TBD
Task 6: Project Management Ongoing

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(BB&K 2018)
EXHIBIT "C"

COMPENSATION
Task Fee
Task 1: Prior Coordination on Litigation $8,800
Task 2: Revised Air Quality Analysis (Urban Crossroads) $2,750 Task 3: Draft 15183 Consistency Checklist $9,800
Task 4: Final 15183 Consistency Checklist and NOD $5,270 Task 5: Meeting Attendance $3,360
Task 6: Project Management $4,950
Direct Costs $660
Total FCS Professional Fee $35,590

ASSUMPTIONS
The assumptions used in calculating the above fees are:
□ Reimbursable expenses have been included in the table above. These direct costs, including, but not limited to those items presented below, will be reimbursable upon provision of proper documentation:
- Purchases of project materials
- Reproduction, reprographics, document production, printing and photographic - Postage, messenger, delivery, and overnight mailing
- Mileage, noticing, and record searches
- Other miscellaneous costs directly related to the project □ This price is based on completion of the work within the proposed schedule. If delays occur, an amendment of the price would be warranted to accommodate additional project management and other costs and to reflect adjustments for updated billing rates.
□ The fee is valid for up to 30 days from the date of this scope, after which it may be subject to revision. □ Costs have been allocated to tasks based upon FCS’s proposed approach. During the work, FCS may, on its sole authority, re-allocate costs among tasks and/or direct costs, as circumstances warrant, so long as the adjustments maintain the total price within its authorized amount. □ The FCS Project Manager will be the primary representative at the project meeting and public hearing. □ Documents will be prepared in FCS style format in accordance with the FCS style guide. Should a different format or style be requested, an amendment of the budget would be warranted. □ This Scope of Work assumes that hard copies of the reports will not be required. Printing costs are based on the method of printing and binding proposed, numbers of copies proposed as work products, and estimated page lengths. Document printing costs are estimated and will be finalized at the time of printing. If reprographics is necessary, it would be completed under a separate work authorization.

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CITY OF COLTON

REIMBURSEMENT AGREEMENT FOR DEVELOPMENT PROJECT

AGUA MANSA LOGISTICS CENTER PROJECT
LOCATED AT 1400 AND 1500 AGUA MANSA ROAD
(CASE NO. DAP-001-668 AND 716)

1. PARTIES AND DATE.

This Reimbursement Agreement ("Agreement") is made this _____day of September, 2024, by and between the City of Colton, a California municipal corporation ("City"), and IDI Logistics, a Limited Liability Corporation (LLC) with its principal place of business at 850 Apollo Street, Suite 343, El Segundo, CA 90245, California (“Applicant”). City and Applicant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1. Property. The owner, IDI Logistics, LLC, of that certain real property located within the City of Colton, County of San Bernardino, California, and more particularly described in Exhibit “A” attached hereto and incorporated herein by reference (“Property”).

2.2 Project. The Applicant is contemplating the development of the Property as described in Exhibit “B” attached hereto and incorporated herein by reference (“Project”). The Applicant has submitted an application for discretionary land use approvals for the Project (Case Index No. DAP-001-668 and 716), including those listed in Exhibit “C” attached hereto and incorporated herein by reference, as well as all related environmental review pursuant to the California Environmental Quality Act ("CEQA") and other applicable laws, rules and regulations.

2.3 Consultants. To provide the City with the needed expertise and information necessary for the City's review process concerning the Project, it is or may become necessary for the City to access the services of certain outside legal, environmental, planning and other experts for the Project ("Consultants").

2.4 Reimbursement. As a condition to the City's completion of the Project review process, the Applicant has agreed to reimburse the City for the Consultants’ costs and expenses related to the City's Project review process, as well as any other out-of-pocket expenses incurred by the City, in the manner and amounts set forth in this Agreement. The Applicant's reimbursement of City under this Agreement will ensure that the City has the necessary resources to diligently and efficiently process the Applicant's Project.

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3. TERMS.

3.1 Incorporation of Recitals. The Parties agree that the Recitals constitute the factual basis upon which the City and the Applicant have entered into this Agreement. The City and the Applicant each acknowledge the accuracy of the Recitals and agree that the Recitals are incorporated into this Agreement as though fully set forth at length.

3.2 City Selection of Consultants. As a necessary and indispensable part of its fact finding process relating to the review of the Applicant's proposed Project and uses of the Property, the City shall retain the services of Consultants to provide advice as the City may deem necessary in its reasonable and sole discretion. The City has thus far retained or is prepared to retain (either directly or as subconsultants) those Consultants listed in Exhibit “D” attached hereto and incorporated herein by reference, but shall have the right to retain any additional consultants or sub-consultants pursuant to this Agreement. The contemplated general scope of work of the Consultants for the Project is also described in Exhibit "D" attached hereto, but the City reserves the right, in its reasonable and sole discretion, to amend the scope of work as it deems necessary and appropriate to the City's proper review and consideration of the Applicant's Project.

The Applicant agrees that, notwithstanding the Applicant's reimbursement obligations under this Agreement, Consultants shall be the contractors exclusively of the City and not of the Applicant. Except for those disclosures required by law, including, without limitation, the Public Records Act, all conversations, notes, memoranda, correspondence and other forms of communication by and between the City and its Consultants shall be, to the extent permissible by law, privileged and confidential and not subject to disclosure to the Applicant. The Applicant agrees that it shall have no claim to, nor shall it assert any right in any reports, correspondence, plans, maps, drawings, news releases or any and all other documents or work product produced by the Consultants.

3.3 Applicant to Cooperate with Consultants. The Applicant agrees to cooperate in good faith with the Consultants The Applicant agrees that it will instruct its agents, employees, consultants, contractors and attorneys to reasonably cooperate with the Consultants and to provide all necessary documents or information reasonably requested of them by the City and/or the Consultants; provided, however, that the foregoing shall not require the disclosure of any documents or information of the Applicant which by law is privileged, proprietary, confidential, and exempt from disclosure under the Public Records Act.

3.4 Applicant's Reimbursement of Costs and Expenditures. The Applicant shall reimburse the City for one hundred percent (100%) of the actual fees, costs and other expenditures incurred by the City relative to the Consultant costs, as well as staff services associated with the Project, other out-of-pocket expenses incurred by the City ("Costs"). The City has preliminarily reviewed the scope(s) of work required and has estimated the aggregate Costs for all Consultants thirty-five thousand five hundred and ninety dollars ($35,590) ("Estimated Costs"). Within ten (10) calendar days of the execution of this Agreement, the Applicant shall submit deposit in the amount of $35,590 to cover the initial Estimated Costs, which amount the City shall separately account for in a Project deposit account ("Deposit Account").

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As the Consultants invoice the City for fees, costs, and expenditures associated with the Project, staff charge their time for services associated with the Project, and City Attorney charges for legal services associated with the Project, the City may draw upon the Deposit Account to make the required payments. At any time that the Deposit Account drops below ($5,000), the City may make demand on Applicant to replenish the Deposit Account to reach the minimum Ten Thousand Dollars ($10,000), or alternative minimum amount upon City entering contract(s) with environmental consultant(s) for Project, and Applicant shall submit the required amount of funds to City within ten (10) calendar days. In the event Applicant fails to make any required deposit, City shall have the right to consider Applicant's Project applications as withdrawn and cease processing such applications.

City shall not exceed the Estimated Costs without consulting with Applicant regarding the need for additional services which cause the Costs to exceed the Estimated Costs ("Excess Costs").

The City shall use reasonable good faith efforts to consult with the Applicant prior to amending any scope of services to be provided by the Consultants and incurring Excess Costs. The Applicant's obligation to reimburse the City for Excess Costs shall be contingent upon the City providing Applicant with written notice of the amendment of the scope of services to be performed by any Consultant and the estimated cost thereof prior to the commencement of work. Once the City provides such notice, Applicant shall be obligated to pay the Excess Costs in the same manner as the Estimated Costs provided above, including, but not limited to, replenishing the Deposit Account.

For purposes of this Section, the City shall be deemed to have consulted with the Applicant when the City has provided written notice to the Applicant that the City reasonably anticipates that it will incur, or has incurred, Excess Costs. If, after consultation, the Applicant disagrees with the City's incurring of Excess Costs, then the Applicant's sole and exclusive remedy will be to terminate this Agreement pursuant to Section 3.6 of this Agreement, subject to the Applicant's obligation to reimburse the City for all Costs incurred by the City prior to the date of termination, whether or not yet paid by the City to any Consultants.

The City shall maintain accurate records of invoices received from, and payments made to, the Consultants resulting from the Project, and will provide a payment summary to Applicant within a reasonable time upon request. In the event that excess funds remain in the Deposit Account upon conclusion of the Project and after all final payments to the Consultants have been made, the City agrees to refund that excess amount, if any, to Applicant within fifteen (15) days of final payment to the Consultants. Alternatively, if the Costs of the services of the Consultants exceed the Estimated Costs and Excess Costs, if any, then Applicant shall remain obligated to pay for all such Costs. Applicant shall pay any such amount within ten (10) calendar days of demand for payment by City.

3.5 Term. The term of this Agreement shall commence on the date that this Agreement is approved by the City Council and fully executed by the Parties, and shall terminate when all services required for the project by Consultants have been completed to the City's reasonable satisfaction and the Applicant has satisfied all of its obligations under this Agreement. For purposes of this section, Applicant's obligations shall include, but shall not be limited to, its

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obligation to reimburse the City for Estimated Costs and Excess Costs, whether or not paid by the City to Consultants prior to the date of termination. The Applicant's obligation to reimburse the City as provided in this Agreement shall survive the natural expiration of this Agreement pursuant to this section, as well as the termination of this Agreement pursuant to Section 3.6.

3.6 Early Termination.

3.6.1 By City. The City may, in its reasonable and sole discretion, terminate this Agreement prior to the term set forth in Section 3.5 above, without cost or liability to the City, upon thirty (30) days prior written notice to the Applicant in the event that Applicant either: (1) fails to satisfy any obligation of this Agreement; or (2) fails to reasonably prosecute its application(s) for the Project.

3.6.2 By Applicant. The Applicant may, in its reasonable and sole discretion, terminate this Agreement prior to the end of the term set forth in Section 3.5 above, upon thirty (30) days' prior written notice to the City; provided, however, that Applicant's right to so terminate this Agreement is expressly contingent upon Applicant satisfying both of the following: (1) Applicant shall give City written notice withdrawing its application(s) for the Project; and (2) Applicant shall satisfy all of its obligations under this Agreement up through the proposed effective date of termination. For purposes of this section, Applicant's obligations shall include, but shall not be limited to, its obligation to reimburse the City for Estimated Costs and Excess Costs, whether or not paid by the City to Consultants prior to the date of termination.

3.6.3 Notice to Consultants. Within two (2) working days following either the City's decision to terminate this Agreement or the City's receipt of written notice indicating the Applicant's decision to terminate this Agreement, the City shall notify all Consultants and instruct them to cease work on the Project. Consultants shall also be instructed to bill the City for any services completed prior to the date of termination.

3.7 Assignability. This Agreement may not be assigned by either Party without the prior and express written consent of the other Party, which consent shall not be unreasonably withheld. In determining whether to approve a request by the Applicant to assign this Agreement, the City may consider, among other things, the proposed assignee's financial status and commitment to the Project. Any attempted assignment of this Agreement not in compliance with the terms of this Agreement shall be null and void and shall confer no rights or benefits upon the assignee.

3.8 No Oral Modifications. This Agreement represents the entire understanding of the City and the Applicant and supersedes all other prior or contemporaneous written or oral agreements pertaining to the subject matter of this Agreement. This Agreement may be modified, only by a writing signed by both the authorized representatives of both the City and the Applicant.

All modifications to this Agreement must be approved by the City Council.

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3.9 Binding Upon Successors. This Agreement and each of its terms shall be binding upon the City, the Applicant and their respective officers, elected officials, employees, agents, contractors, and permitted successors and assigns.

3.10 Legal Challenges. Nothing herein shall be construed to require City to defend any third party claims and suits challenging any action taken by the City with regard to any procedural or substantive aspect of the City’s approval of development of the Property, the environmental process, or the proposed Project. The Applicant may, however, in its sole and absolute discretion appear as real party in interest in any such third party action or proceeding, and in such event, it and the City shall defend such action or proceeding and the Applicant shall be responsible and reimburse the City for whatever legal fees and expert or other costs, in their entirety, including actual attorneys' fees, which may be incurred by the City in defense of such action or proceeding.

This City shall have the absolute right to retain such legal counsel as the City deems necessary and appropriate and the Applicant shall reimburse the City for any and all attorneys' fees and expert or other costs incurred by the City as a result of such third party action or proceeding. Applicant may, at any time, notify City in writing of its decision to terminate such reimbursement obligation and, thereafter, the City may choose, in its sole discretion, to defend or not defend such third party action or proceeding. In the event that the City decides not to continue the defense of such third party action or proceeding, Applicant shall be obligated to reimburse City for any and all costs, fees, penalties or damages associated with dismissing the action or proceeding. In the event that the City decides to continue the defense of such third party action or proceeding, Applicant shall have no further obligation to reimburse City for its attorney fees and expert or other costs.

3.11 Attorneys' Fees. In the event that any action or proceeding, including arbitration, is commenced by either the City or the Applicant against the other to establish the validity of this Agreement or to enforce any one or more of its terms, the prevailing Party in any such action or proceeding shall be entitled to recover from the other, in addition to all other legal and equitable remedies available to it, its actual attorneys' fees and costs of litigation, including, without limitation, filing fees, service fees, deposition costs, arbitration costs and expert witness fees, including actual costs and attorneys' fees on appeal.

3.12 Jurisdiction and Venue. This Agreement is executed and is to be performed in the City of Colton, San Bernardino County, California, and any action or proceeding brought relative to this Agreement shall be heard in the appropriate court in the County of San Bernardino, California. The City and the Applicant each consent to the personal jurisdiction of the court in any such action or proceeding.

3.13 Severability. If any term or provision of this Agreement is found to be invalid or unenforceable, the City and the Applicant both agree that they would have executed this Agreement notwithstanding the invalidity of such term or provision. The invalid term or provision may be severed from the Agreement and the remainder of the Agreement may be enforced in its entirety.

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3.14 Headings. The headings of each Section of this Agreement are for the purposes of convenience only and shall not be construed to either expand or limit the express terms and language of each Section.

3.15 Representations of Authority. Each Party signing this Agreement on behalf of a Party which is not a natural person hereby represents and warrants to the other Party that all necessary legal prerequisites to that Party's execution of this Agreement have been satisfied and that he or she has been authorized to sign this Agreement and bind the Party on whose behalf he or she signs.

3.16 Notices. Notices required under this Agreement shall be sent to the following:

City: City of Colton
650 N La Cadena Drive
Colton, CA 92324
Attn: Heidi Duron, Development Services Director
Applicant: IDI Logistics, LLC
840 Apollo Street, Suite 343
El Segundo, CA 90245
Attn: Charlie McPhee
Senior Vice President and Regional Director
Notices given pursuant to this Agreement shall be deemed received as follows: (1) if sent by United States Mail, five (5) calendar days after deposit into the United States Mail, first class postage prepaid; (2) if sent by facsimile, upon transmission and actual receipt by the receiving Party; (3) if by express courier service or hand delivery, on the date of receipt by the receiving Party. The addresses for notices set forth in this Section may be changed upon written notice of such change to either the City or the Applicant, as appropriate. [SIGNATURES ON NEXT TWO PAGES]

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CITY’S SIGNATURE PAGE FOR

CITY OF COLTON

REIMBURSEMENT AGREEMENT FOR DEVELOPMENT PROJECT

AGUA MANSA LOGISTICS CENTER PROJECT
LOCATED AT 1400 AND 1500 AGUA MANSA ROAD
(CASE NO. DAP-001-668 AND 716)

CITY OF COLTON
By: _________________________
William R. Smith
City Manager
Attest:
_________________________
Stephanie Vargas
City Clerk

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APPLICANT’S SIGNATURE PAGE FOR

CITY OF COLTON

REIMBURSEMENT AGREEMENT FOR DEVELOPMENT PROJECT

AGUA MANSA LOGISTICS CENTER PROJECT
LOCATED AT 1400 AND 1500 AGUA MANSA ROAD
(CASE NO. DAP-001-668 AND 716)

PHILIP LEE
By: _________________________
Signature
_________________________
Name: Philip Lee
_________________________
Title: Vice President and Regional Director

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EXHIBIT "A"

LEGAL DESCRIPTION OF THE PROPERTY
The site map is below (APN: 0260-072-08, 0260-072-12 to -14, 0275-041-27 to -31, 0275-041-07 to -09

Area in Color is location of lots for 1400 and 1500 Agua Mansa Road

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EXHIBIT "B"

PROJECT DESCRIPTION
DAP-001-668 and 716 – First Carbon Solutions (FCS) has provided a scope of work as part of the Professional Service Agreement with First Carbon Solutions for revisions to the Air Quality Analysis and 15183 Consistency Checklist. More specifically, the 15183 Consistency Checklist will be updated per the revised Air Quality Analysis as it relates to operational air quality. As a subconsultant to FCS, Urban Crossroads, Inc. (Urban Crossroads) will provide a technical memorandum summarizing project design features recommended for incorporation into the 15183 Consistency Checklist. Furthermore, the 15183 Consistency Checklist will be revised to remove discussion related to the parking variance and will update exhibits to reflect the updated site plan as provided by the applicant.

Project Entitlements include an Architectural and Site Plan Review for a 474,021 square foot logistic warehouses including ancillary office space, Conditional Use Permit to allow a building height of 130 feet, and Major Certificate of Appropriateness located at 1500 Agua Mansa Road within the M-2 (Heavy Industrial) and Agua Mansa Historic District (FILE INDEX NO: DAP001-668).

Architectural and Site Plan Review for a 456,445 square foot logistic warehouses including ancillary office space and Major Certificate of Appropriateness within the M-2 (Heavy Industrial) and Agua Mansa Historic District located at 1400 Agua Mansa Road (FILE INDEX NO: DAP-001-716).

Tentative Parcel Map No. 20358 to consolidate 11 parcels into 2 parcels within the M-2 (Heavy Industrial) Zone and within the Agua Mansa Historic District located at 1400 and 1500 Agua Mansa Road.

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EXHIBIT "C"

PERMITS AND OTHER APPROVALS
- Conditional Use Permit
- Architectural & Site Plan Review
- Major Certification of Appropriateness
- Parcel Map
- CEQA 15183-Consistency Review with City 2013 General Plan EIR

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EXHIBIT "D"

CONSULTANTS

BEST BEST & KRIEGER LLP
Legal Services: Environmental (CEQA, water and other applicable environmental legal issues), planning, and other need legal services.

ECORP CONSULTING
Environmental consultant to prepare required CEQA document. Contract amount for Environmental Services is not to exceed $129,850, without prior approval by each party.

OTHER CONSULTANTS
Any and all other consultants, including but not limited to traffic engineering/transportation planning consultant, and CEQA consultant, determined by the City to be reasonably necessary for its review and processing of the Project application(s).

10.b
Packet Pg. 614 Attachment: Attachment 2- Reimbursement Agreement_IDI Logistics_8-20-24-2 [Revision 1] (4624 : Contract Award - First Carbon Solutions ITEM NO. 11

STAFF REPORT
DATE: SEPTEMBER 17, 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 MCC PIPELINE, INC.

FOR THE MOUNT VERNON AVENUE AND EAST WASHINGTON
STREET EMERGENCY WATER MAIN REPAIR.

RECOMMENDED ACTION
Staff recommends that the City Council take the following action:

Approve an award of contract to MCC Pipeline, Inc. (MCC) for the Mount Vernon Avenue and East Washington Street water main repair project in an amount of $114,786.30 in accordance with Colton Municipal Code Section 3.08.130(A).

BACKGROUND
Maintaining the infrastructure that delivers water to our homes and businesses is essential for the well-being of our community. The City’s aging water system has reliably served us for many years, supporting our health, growth, and environment.

In mid-July, a water leak emerged at the intersection of Mt. Vernon Avenue and East Washington Street, just north of the northbound off-ramp on the 215 freeway. Since then, staff has been working diligently to pinpoint the source of the leak. Despite extensive efforts, including assistance from an outside vendor using Leak Noise Correlators, the exact location of the leak remained undetermined. To prevent further damage and mitigate any impact on the roadway, the water main was isolated from the system. However, this isolation affected water services for Caltrans, which in turn impacted the new landscaping for the Washington Street Bridge Project.

ISSUES/ANALYSIS
11 Packet Pg. 615
Staff Report to the Mayor and City Council
Contract Award - MCC Pipeline Inc.

September 17, 2024

Given the depth of the water main (16 feet) and the unknown location of the water leak, City staff is not equipped with the required resources to execute this project effectively and efficiently. Therefore, the most practical and efficient solution is to hire a contractor to perform the required repairs. Staff contacted five contractors to obtain pricing for the water leak repair.

Of the five contractors, three contractors attend a non-mandatory job walk on August 13 and 14 and submitted a bid. Bids due date was August 15th. Below is a chart of the bids received. The bids were based on a six-foot by 10-foot excavation at a depth of 15 feet. Pricing included total of three working days, excavation, traffic control, shoring, steel plates, base paving of approximately 80 square feet at a thickness of 24 inches, and repair to the water main.

Bidders Bid Amount
MCC Pipeline Inc $79,780.00
Gutierrez Pipeline $87,264.00
Borden Excavation, Inc $97,500.00
On August 19th, staff requested emergency authorization to hire MCC Pipeline, Inc. (MCC) to complete the work based on bids received, which was granted by the City Manager under Colton Municipal Code Section 3.08.130(A).

MCC mobilized on August 22nd to initiate the project. The excavation process took five days to locate the water leak, which was found at a failed weld joint. The weld joint had cracked in two places: one crack was approximately six to eight inches long, and the other was three to four inches in length. As a result, the excavation area had to be expanded to roughly 20 by 20 feet at the first location and six by 10 feet at the second location. The excavation reached a maximum depth of approximately 18 feet.

To repair the water line, the outside concrete coating was chipped away, the joint was cleaned and re-welded, and a new concrete coating was applied to protect the pipe, restoring it to its original specifications.

Colton Municipal Code Section 3.08.130 (A) allows for the City Manager to constitute an emergency for a public project pursuant to section 22035 of the Act and Public Contract Code Section 22050. The City Council hereby delegated to the City Manager the power to declare a public emergency and take any directly related and immediate action required by the emergency, up to a total of one hundred thousand dollars, pursuant to section 22035 of the Act and California Public Contract Code Section 22050.

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 11 Packet Pg. 616
Staff Report to the Mayor and City Council
Contract Award - MCC Pipeline Inc.

September 17, 2024

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.”
To date, staff has completed work totaling $92,100.50, exceeding the original bid amount of $79,780. The increase is due to additional working days and excavation, shoring, steel plates, and labor. An additional $22,685.82 is required to complete the project, covering mobilization/demobilization, final paving, striping, and traffic loop installations for a new not to exceed dollar amount of $114,786.30.

FISCAL IMPACTS
Sufficient appropriations for the repair are available in the FY 2024-25 adopted budget in Water Utility Fund Mainline Replacement Capital Improvement Account Number 521-8100-8106- 3890-0000-000.

ALTERNATIVES

1. Provide Staff with Alternative.

ATTACHMENT

1. MCC Proposal- Locate and Repair Leak at E. Washington

2. Gutierrez Pipeline Proposal

3. Borden Excavting Proposal

4. Leak Repair Pictures
11 Packet Pg. 617
MCC PIPELINE, inc.
33562 Yucaipa BLVD, YUCAIPA CA 92399
P (909) 795-0400 F (909) 795-7308
DIR Number 1000012208 – FEIN # 46-5445400
License # 993248
August 14, 2024
City of Colton
Attention: Bassam Alzammar
Reference: Locate and Repair 12” Waterline Leak at E. Washington St.

Subject: Proposal / Scope of Work
We hereby propose to perform the following scope of work.

Proposal For: Locate and Repair Leak at E. Washington St. and S. Mt. Vernon Ave.

1. Mobilization $ 5,000.00

1. Locate and Repair 12” waterline leak at E Washington St. and S Mt. Vernon Ave. $ 74,780.00

Lump Sum Total $ 79,780.00

Qualifications: All Survey, Compaction testing, Traffic Control Plans, and slurry backfill are excluded.

All rules and regulations for prevailing wages apply.
.

If you have any questions, please feel free to contact me by email or cell anytime.

Respectfully Submitted

Danielle Munoz
[email protected]
Cell: 909-528-4235

11.a
Packet Pg. 618 Attachment: MCC Proposal- Locate and Repair Leak at E. Washington (4659 : Contract Award - MCC Pipeline Inc.)

11.b
Packet Pg. 619 Attachment: Gutierrez Pipeline Proposal (4659 : Contract Award - MCC Pipeline Inc.) From: Nathan McGrand
To: Bassam Alzammar
Cc: Shaun Borden
Subject: Re: Washington water repair
Date: Thursday, August 15, 2024 1:54:40 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hello Bassam,
Our price is $97,500.00. Let me know if you need a formal proposal Thanks!
Nathan McGrand
Borden Excavating, Inc.
1014 2nd Street
Calimesa, CA 92320
C: 951-334-9320
[email protected]
On Aug 14, 2024, at 5:35 PM, Bassam Alzammar <[email protected]> wrote:

Nathan,
Please include $7,000 in your bid for the above-mentioned repair for camera inspection of the water line to be done by Underground H2O.  The contact there is Ken Malone and his number is 760-822-6800.  I will forward your information over to him tomorrow as well.

Bassam Alzammar
City of Colton
Sent from my iPhone

11.c
Packet Pg. 620 Attachment: Borden Excavting Proposal (4659 : Contract Award - MCC Pipeline Inc.)

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Packet Pg. 621 Attachment: Leak Repair Pictures (4659 : Contract Award - MCC Pipeline Inc.)

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Packet Pg. 622 Attachment: Leak Repair Pictures (4659 : Contract Award - MCC Pipeline Inc.)

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Packet Pg. 628 Attachment: Leak Repair Pictures (4659 : Contract Award - MCC Pipeline Inc.)

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Packet Pg. 629 Attachment: Leak Repair Pictures (4659 : Contract Award - MCC Pipeline Inc.)

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Packet Pg. 631 Attachment: Leak Repair Pictures (4659 : Contract Award - MCC Pipeline Inc.)

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Packet Pg. 632 Attachment: Leak Repair Pictures (4659 : Contract Award - MCC Pipeline Inc.) ITEM NO. 12

STAFF REPORT
DATE: SEPTEMBER 17, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE CONTRACT AWARD TO ROY ALLAN SLURRY SEAL, INC. FOR SLURRY SEAL PROJECT ON MULTIPLE CITY STREETS.

RECOMMENDED ACTION
Staff recommends that the City Council take the following action:

Authorize the award of construction contract for the FY 24/25 Slurry Seal Project on various City streets in Colton to Roy Allan Slurry Seal, Inc. as the lowest responsive and responsible bidder in the amount of $382,338.20; and authorize City Manager to execute the contract agreement.

BACKGROUND
The FY 24/25 Slurry Seal on various City streets in Colton Project, is a cost-effective type of pavement maintenance. This type of street maintenance program is designed in such a way that major and local streets receive a slurry seal treatment (surfacing) before they need major repair and reconstruction. This street maintenance method can prolong the life of various City streets in a very cost-effective way. The cost to slurry seal is about 15 to 20% of the cost of pavement overlay and lasts around three (3) to five (5) years. Rubberized Slurry Seal Project locations are as follows:

1. W. Citrus St – Pennsylvania to 8th

2. Pleasant View Ave. – 8
th to West end

3. Orange Ave. – Pennsylvania to 8th

4. Johnston St. - Pennsylvania to 8th

5. Hunter Rd. – Johnston to North end

6. N. 8th St. – North end to South of Citrus

7. E St. – Colton to Mt. Vernon
12 Packet Pg. 633
Staff Report to the Mayor and City Council
Contract Award - Roy Allan Slurry Seal, Inc.

September 17, 2024

8. G St. – 10th to Mt. Vernon

9. H St. – 10th to Mt. Vernon

10. 12th St. – Valley to E St.

11. 13th St. – Valley to E St.

12. 5
th St. – Fogg to Congress

13. Hert St. – Congress to La Cadena

14. Walnut St. – Maple to Congress

15. 7
th St. – H St. to Olive St.

16. 7
th St. – Olive St. to Oak St.

17. Serenata St. – Meridian to Cantara

18. Cantara St. – South end to Poema

19. Concepcion St. – West end to Cantara

20. Summit Ct. – John Matich Dr. to North end

21. Hill Ct. – John Matich Dr. to North end

22. Trail Ct. – West end to East end

23. Ridge View – Prado Ln. to North end

24. Canyon Vista Cr. – Mesa Dr. to East end

25. Stewart St. – Hunts Lane to Raynor St.

26. Helena St. – Stewart St. to Mintzer St.

27. Mintzer St. – Raynor St. to Helena St.

28. Harris St. – Raynor St. to Helena St.

29. Hernandez Ct. – Stewart St. to East end

30. Willis Ct. – Stewart St. to East end

31. Raynor St. – Stewart St. to Mintzer St.

ISSUES/ANALYSIS
In accordance with Colton Municipal Code Section 3.08.090, a request for Notice Inviting Formal Bids was sent for publication on July 12, 2024, and July 19, 2024. The sealed bid opening took place on August 15, 2024, at 3:00 P.M. in the City Hall Conference Room. Five (5) bid proposals were received from contractors. The sealed bids received are as follows:

1. Roy Allan Slurry Seal, Inc. $382,338.20

2. Pavement Coatings Co. $419,985.00

3. American Asphalt South, Inc. $441,712.50

4. All American Asphalt $478,500.00

5. Doug Martin Contracting Company, Inc. $538,015.35
Staff recommends award of a construction contract to Roy Allan Slurry Seal, Inc. as the lowest responsive and responsible bidder in the amount of $382,338.20. The Engineer’s Estimate for the Project is $399,600.00.

FISCAL IMPACTS
12 Packet Pg. 634
Staff Report to the Mayor and City Council
Contract Award - Roy Allan Slurry Seal, Inc.

September 17, 2024

Sufficient appropriations are available in the FY2024-25 budget to award the contract with Roy Allan Slurry Seal, Inc. in the following accounts listed below:

Fund Account Number Available Funding Roy Allan Contract Measure I 218-2237-6150-3890-0000-000 33,216.51 33,216.51 Measure I 218-2420-6150-3890-0000-000 176,560.29 176,560.29 Measure I 218-2503-6150-3890-0000-000 200,000.00 172,561.40 TOTAL 409,776.80 382,338.20

ENVIRONMENTAL IMPACTS
The Project is Categorically Exempt project under California Environmental Quality Act (CEQA) Section 15301 (c) – No expansion of use of existing street.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A – Street Location Map

2. Exhibit B – Construction Contract
12 Packet Pg. 635
ITEM NO. 13

STAFF REPORT
DATE: SEPTEMBER 17, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BILL SMITH, CITY MANAGER
SUBJECT: AMEND THE SALARY SCHEDULE PERTAINING TO EXECUTIVE EMPLOYEES.

RECOMMENDED ACTION
Staff recommends that the City Council take the following action:

Staff recommends that the City Council approve the revised salary schedule range for the unrepresented Executive Group.
13 Packet Pg. 636
Staff Report to the Mayor and City Council
Labor Plan - Executive Employees
September 17, 2024

BACKGROUND
The City Manager's office has initiated a Labor Plan to increase Colton's salary structure to the average of comparable cities in the region. The City of Colton has been experiencing a recruitment and retention emergency for years and has seen significant challenges with wage compaction in attracting and retaining qualified candidates for every department and level of the City, including Executive staff.

ISSUES/ANALYSIS
In the past three years, five of the last six appointments to the Executive team came from outside the City organization or other agencies. The City was required to hire these individuals at the top of their respective ranges to be competitive in the market and pull the candidates into Colton.

There have also been candidates who withdrew themselves from consideration, citing these maximum salary level caps as the reason. Most recently, the City’s new Police Chief accepted a salary decrease to become Colton’s Police Chief, from his previous position as a Captain in another agency.

In addition, the current salary maximum has created a compaction issue for some departments regarding staff members' ranking below the Director. For example, due to the recent City action bringing the Colton Police Management Association members to the mid-point of the regional labor market, the top step for a Police Captain is 1.19% below the current range of the Police Chief at $213,470. Staff proposes increasing the upper range for Directors to address these issues.

Increasing the maximum salary range does not provide salary increases for any directors.

Rather, it provides the ability to better recruit and retain current directors. Most current directors are not eligible for merit increases, as they are already at the top of their salary range. Hiring directors at the top of the salary range, with no opportunity for merit increases, is not conducive to retention of quality staff.

The salary range is proposed to be adjusted as below:
o Executive Directors – new salary maximum at $263,636
o Assistant Directors – new salary maximum at $231,000

FISCAL IMPACTS
There is no financial impact to this action. If approved, consideration of current positions will be included upon evaluation by the City Manager, along with future performance reviews of each Director.

ALTERNATIVES
13 Packet Pg. 637
Staff Report to the Mayor and City Council
Labor Plan - Executive Employees
September 17, 2024

1. Provide alternative direction to staff.

ATTACHMENT

1. Attachment 1 - Revised 9-17-24 Salary Schedule
13 Packet Pg. 638

13.a
Packet Pg. 639 Attachment: Attachment 1 - Revised 9-17-24 Salary Schedule (4669 : Labor Plan - Executive Employees) Classification Title
Job Title Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Account Technician I general 110 7/1/2024 22.6540 23.7868 24.9761 26.2249 27.5361 3,926.70 4,123.04 4,329.20 4,545.65 4,772.93 47,120.40 49,476.44 51,950.34 54,547.74 57,275.14 Account Technician II general 116 7/1/2024 24.9166 26.1624 27.4705 28.8440 30.2863 4,318.88 4,534.81 4,761.55 4,999.63 5,249.62 51,826.53 54,417.74 57,138.64 59,995.52 62,995.40 Accountant general 142 7/1/2024 30.8674 32.4108 34.0313 35.7329 37.5195 5,350.35 5,617.86 5,898.75 6,193.70 6,503.38 64,204.23 67,414.36 70,785.00 74,324.38 78,040.56 Administrative Analyst I midmngt 204 7/1/2024 31.7475 33.3349 35.0016 36.7518 38.5894 5,502.90 5,778.05 6,066.95 6,370.30 6,688.83 66,034.80 69,336.54 72,803.38 76,443.64 80,265.90 Administrative Analyst II midmngt 234 7/1/2024 34.9196 36.6656 38.4989 40.4239 42.4451 6,052.74 6,355.38 6,673.14 7,006.81 7,357.16 72,632.82 76,264.50 80,077.66 84,081.66 88,285.86 Administrative Assistant general 126 7/1/2024 23.6363 24.8181 26.0590 27.3620 28.7301 4,096.95 4,301.81 4,516.89 4,742.75 4,979.89 49,163.40 51,621.70 54,202.72 56,912.96 59,758.66 Animal Services Officer cpcea 506 7/1/2024 22.3616 23.4798 24.6538 25.8865 27.1809 3,876.02 4,069.82 4,273.32 4,486.99 4,711.35 46,512.18 48,837.88 51,279.80 53,843.92 56,536.22 Assistant Director of Public Works & Engineering executive 838 9/17/2024 91.5534 96.1310 100.9375 105.9844 111.2836 15,869.25 16,662.71 17,495.83 18,370.63 19,289.16 190,431.02 199,952.48 209,950.00 220,447.50 231,469.94 Assistant Director of Utility Operations executive 841 9/17/2024 91.5534 96.1310 100.9375 105.9844 111.2836 15,869.25 16,662.71 17,495.83 18,370.63 19,289.16 190,431.02 199,952.48 209,950.00 220,447.50 231,469.94 Assistant Planner general 848 7/1/2024 30.9145 32.4603 34.0833 35.7874 37.5768 5,358.51 5,626.44 5,907.76 6,203.15 6,513.30 64,302.16 67,517.32 70,893.16 74,437.74 78,159.64 Assistant to the City Manager cnfdtl 801 9/17/2024 53.0248 55.6760 58.4598 61.3828 64.4519 9,190.96 9,650.51 10,133.02 10,639.68 11,171.66 110,291.48 115,806.08 121,596.28 127,676.12 134,059.90 Associate Engineer midmngt 263 7/1/2024 47.7524 50.1400 52.6470 55.2794 58.0434 8,277.08 8,690.93 9,125.48 9,581.76 10,060.85 99,324.94 104,291.20 109,505.76 114,981.10 120,730.22 Associate Planner midmngt 210 7/1/2024 36.6874 38.5218 40.4479 42.4703 44.5938 6,359.15 6,677.10 7,010.97 7,361.51 7,729.58 76,309.74 80,125.24 84,131.58 88,338.12 92,755.00 Battalion Chief Fire Marshal fire 310 7/1/2023 68.5414 71.9685 75.5669 79.3453 83.3125 11,880.51 12,474.54 13,098.26 13,753.18 14,440.83 142,566.06 149,694.48 157,179.10 165,038.12 173,290.00 Building Inspector I general 131 7/1/2024 26.1824 27.4915 28.8661 30.3094 31.8249 4,538.28 4,765.19 5,003.46 5,253.63 5,516.31 54,459.34 57,182.32 60,041.54 63,043.50 66,195.74 Building Inspector II general 179 7/1/2024 30.6055 32.1358 33.7425 35.4296 37.2011 5,304.95 5,570.20 5,848.70 6,141.14 6,448.20 63,659.44 66,842.36 70,184.40 73,693.62 77,378.34 Building Maintenance Supervisor midmngt 253 7/1/2024 40.1391 42.1461 44.2534 46.4660 48.7893 6,957.45 7,305.33 7,670.59 8,054.11 8,456.80 83,489.38 87,663.94 92,047.02 96,649.28 101,481.64 Building Official midmngt 093 7/1/2024 57.9809 60.8799 63.9239 67.1201 70.4761 10,050.02 10,552.51 11,080.14 11,634.16 12,215.86 120,600.22 126,630.14 132,961.66 139,609.86 146,590.34 Business Lic./Collections Ofcr. midmngt 206 7/1/2024 27.2081 28.5685 29.9969 31.4968 33.0716 4,716.08 4,951.87 5,199.46 5,459.44 5,732.42 56,592.90 59,422.48 62,393.50 65,513.24 68,788.98 Capital Project Manager midmngt 837 7/1/2024 46.3826 48.7018 51.1369 53.6938 56.3785 8,039.66 8,441.64 8,863.73 9,306.92 9,772.27 96,475.86 101,299.64 106,364.70 111,683.00 117,267.28 Chief Deputy City Clerk cnfdtl 173 9/17/2024 59.1048 62.0600 65.1630 68.4211 71.8421 10,244.82 10,757.07 11,294.92 11,859.66 12,452.64 122,937.88 129,084.80 135,539.04 142,315.94 149,431.62 City Clerk elected 7/18/2023 407.00 4,884.00
City Manager contract 812 3/11/2024 139.4231 24,166.67 290,000.00 City Treasurer elected 6/20/2023 2,447.50 29,370.00
Code Compliance Officer cpcea 138 7/1/2024 28.6413 30.0734 31.5770 33.1559 34.8136 4,964.48 5,212.72 5,473.35 5,747.02 6,034.36 59,573.80 62,552.62 65,680.16 68,964.22 72,412.34 Collection System Maintenance Supervisor midmngt 257 7/1/2024 43.9275 46.1239 48.4301 50.8516 53.3943 7,614.10 7,994.81 8,394.56 8,814.28 9,255.00 91,369.20 95,937.66 100,734.66 105,771.38 111,060.04 Collection System Maintenance Technician I ibew2 158 1/1/2024 25.2248 26.4860 27.8103 29.2008 30.6608 4,372.30 4,590.91 4,820.44 5,061.46 5,314.53 52,467.54 55,090.88 57,845.32 60,737.56 63,774.36 Collection System Maintenance Technician II ibew2 197 1/1/2024 29.0173 30.4683 31.9916 33.5913 35.2709 5,029.67 5,281.16 5,545.22 5,822.48 6,113.62 60,356.04 63,373.96 66,542.58 69,869.80 73,363.42 Community Child Care Admin. Asst. general 134 7/1/2024 23.6363 24.8181 26.0590 27.3620 28.7301 4,096.95 4,301.81 4,516.89 4,742.75 4,979.89 49,163.40 51,621.70 54,202.72 56,912.96 59,758.66 Community Service Officer cpcea 607 7/1/2024 22.1158 23.2215 24.3826 25.6018 26.8819 3,833.40 4,025.06 4,226.32 4,437.64 4,659.53 46,000.76 48,300.72 50,715.86 53,251.64 55,914.30 Community Services Director * executive 804 9/17/2024 126.7481 21,969.68 263,636.10 Consumer Service Field Rep. I ibew 971 7/1/2023 30.4881 32.0125 33.6131 35.2938 37.0585 5,284.61 5,548.83 5,826.28 6,117.58 6,423.47 63,415.30 66,586.00 69,915.30 73,411.00 77,081.68 Consumer Service Field Rep. II ibew 973 7/1/2023 33.5455 35.2228 36.9839 38.8331 40.7748 5,814.55 6,105.28 6,410.54 6,731.08 7,067.62 69,774.64 73,263.32 76,926.46 80,772.90 84,811.48 Crime Analyst cpcea 513 7/1/2024 38.4116 40.3323 42.3489 44.4664 46.6898 6,658.02 6,990.92 7,340.47 7,707.51 8,092.89 79,896.18 83,891.08 88,085.66 92,490.06 97,114.68 Customer Svc. Rep. I general 107 7/1/2024 20.2024 21.2125 22.2731 23.3868 24.5561 3,501.75 3,676.83 3,860.68 4,053.70 4,256.40 42,020.94 44,122.00 46,328.10 48,644.44 51,076.74 Customer Svc. Rep. II general 113 7/1/2024 22.2320 23.3436 24.5108 25.7363 27.0231 3,853.55 4,046.23 4,248.53 4,460.95 4,684.01 46,242.56 48,554.74 50,982.36 53,531.40 56,208.10 Customer Svc. Rep III general 411 7/1/2024 24.4554 25.6781 26.9620 28.3101 29.7256 4,238.93 4,450.88 4,673.41 4,907.09 5,152.44 50,867.18 53,410.50 56,080.96 58,885.06 61,829.30 Customer Service Supervisor midmngt 452 7/1/2024 29.6096 31.0901 32.6446 34.2769 35.9908 5,132.34 5,388.96 5,658.40 5,941.33 6,238.40 61,588.02 64,667.46 67,900.82 71,295.90 74,860.76 Deputy Fire Chief executive 993 9/17/2024 91.5534 96.1310 100.9375 105.9844 111.2836 15,869.25 16,662.71 17,495.83 18,370.63 19,289.16 190,431.02 199,952.48 209,950.00 220,447.50 231,469.94 Development Services Director * executive 810 9/17/2024 126.7481 21,969.68 263,636.10 Early Care & Education Program Director midmngt 453 7/1/2024 48.4236 50.8448 53.3870 56.0564 58.8593 8,393.43 8,813.09 9,253.75 9,716.44 10,202.27 100,721.14 105,757.08 111,044.96 116,597.26 122,427.24 Early Care & Education Site Supervisor midmngt 260 9/17/2024 25.1198 26.3758 27.6945 29.0793 30.5333 4,354.09 4,571.80 4,800.38 5,040.40 5,292.43 52,249.08 54,861.56 57,604.56 60,484.84 63,509.16 Economic Development Manager midmngt 226 7/1/2024 51.7098 54.2953 57.0100 59.8605 62.8535 8,963.02 9,411.18 9,881.73 10,375.82 10,894.61 107,556.28 112,934.12 118,580.80 124,509.84 130,735.28 Economic Development Project Manager I midmngt 272 7/1/2024 36.5419 38.3690 40.2875 42.3019 44.4170 6,333.93 6,650.63 6,983.17 7,332.33 7,698.95 76,007.16 79,807.52 83,798.00 87,987.90 92,387.36 Economic Development Project Manager II midmngt 273 7/1/2024 43.8458 46.0381 48.3400 50.7570 53.2949 7,599.95 7,979.94 8,378.93 8,797.88 9,237.78 91,199.35 95,759.30 100,547.20 105,574.56 110,853.34 Electric Field Operations Foreman ibew 970 7/1/2023 61.2674 64.3308 67.5473 70.9246 74.4709 10,619.68 11,150.66 11,708.19 12,293.60 12,908.29 127,436.14 133,807.96 140,498.28 147,523.22 154,899.42 Electric Utility Director * executive 842 9/17/2024 126.7481 21,969.68 263,636.10 Electric Utility Inspector ibew 920 7/1/2023 42.6706 44.8041 47.0444 49.3966 51.8665 7,396.24 7,766.05 8,154.36 8,562.08 8,990.19 88,754.90 93,192.58 97,852.30 102,744.98 107,882.32 Electric Utility Systems Designer midmngt 250 9/17/2024 61.3068 64.3721 67.5908 70.9703 74.5188 10,626.50 11,157.84 11,715.73 12,301.51 12,916.58 127,518.04 133,894.02 140,588.76 147,618.12 154,999.00 Electrical Sys Engineer/GIS Project Manager midmngt 221 7/1/2024 44.9443 47.1915 49.5511 52.0286 54.6300 7,790.35 8,179.86 8,588.86 9,018.30 9,469.20 93,484.20 98,158.32 103,066.34 108,219.54 113,630.40 Electrical System Planning Engineer midmngt 9/17/2024 61.3068 64.3721 67.5908 70.9703 74.5188 10,626.50 11,157.84 11,715.73 12,301.51 12,916.58 127,518.04 133,894.02 140,588.76 147,618.12 154,999.00 Energy Services Specialist midmngt 231 7/1/2024 38.8918 40.8364 42.8783 45.0221 47.2733 6,741.24 7,078.31 7,432.23 7,803.84 8,194.03 80,894.85 84,939.66 89,186.76 93,646.02 98,328.36 Engineering Assistant midmngt 264 7/1/2024 39.9975 41.9974 44.0973 46.3021 48.6173 6,932.89 7,279.55 7,643.52 8,025.70 8,426.99 83,194.74 87,354.54 91,722.28 96,308.42 101,123.88 Engineering GIS Technician ibew 907 7/1/2023 38.3103 40.2258 42.2370 44.3489 46.5664 6,640.44 6,972.46 7,321.08 7,687.14 8,071.51 79,685.32 83,669.56 87,852.96 92,245.66 96,858.06 Engineering Manager midmngt 207 7/1/2024 50.5895 53.1190 55.7750 58.5638 61.4920 8,768.85 9,207.29 9,667.67 10,151.05 10,658.61 105,226.17 110,487.52 116,012.00 121,812.60 127,903.36 Engineering Technician I general 125 7/1/2024 27.5429 28.9200 30.3660 31.8843 33.4785 4,774.10 5,012.80 5,263.44 5,526.60 5,802.94 57,289.18 60,153.60 63,161.28 66,319.24 69,635.28 Engineering Technician II general 156 7/1/2024 31.6749 33.2586 34.9215 36.6676 38.5010 5,490.31 5,764.83 6,053.06 6,355.72 6,673.51 65,883.74 69,177.94 72,636.72 76,268.66 80,082.08 Environmental and Conservation Supervisor midmngt 238 7/1/2024 44.7408 46.9779 49.3268 51.7931 54.3828 7,755.08 8,142.83 8,549.97 8,977.48 9,426.34 93,060.90 97,713.98 102,599.64 107,729.70 113,116.12 Equipment Mechanic general 129 7/1/2024 25.5203 26.7963 28.1361 29.5429 31.0200 4,423.51 4,644.68 4,876.93 5,120.77 5,376.80 53,082.12 55,736.20 58,523.14 61,449.18 64,521.60 Equipment Operator II general 124 7/1/2024 23.8975 25.0924 26.3470 27.6644 29.0476 4,142.23 4,349.35 4,566.81 4,795.16 5,034.92 49,706.80 52,192.14 54,801.76 57,541.90 60,419.06 ANNUAL

FULL TIME CLASSIFICATIONS

SALARY TABLE

HOURLY MONTHLY
Salary Group
FY 2024-25
Revised 9/17/2024
Pay
Grade
Effective
Date

13.a
Packet Pg. 640 Attachment: Attachment 1 - Revised 9-17-24 Salary Schedule (4669 : Labor Plan - Executive Employees) Classification Title
Job Title Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E ANNUAL

FULL TIME CLASSIFICATIONS

SALARY TABLE

HOURLY MONTHLY
Salary Group
FY 2024-25
Revised 9/17/2024
Pay
Grade
Effective
Date
Executive Assistant midmngt 268 7/1/2024 29.2087 30.6691 32.2026 33.8128 35.5034 5,062.83 5,315.98 5,581.79 5,860.88 6,153.92 60,754.00 63,791.78 66,981.46 70,330.52 73,847.02 Executive Assistant to City Manager cnfdtl 819 7/1/2024 37.2786 39.1425 41.0996 43.1546 45.3124 6,461.63 6,784.70 7,123.94 7,480.14 7,854.15 77,539.54 81,416.40 85,487.22 89,761.62 94,249.74 Executive Assistant to Police Chief midmngt 203 7/1/2024 29.2087 30.6691 32.2026 33.8128 35.5034 5,062.83 5,315.98 5,581.79 5,860.88 6,153.92 60,754.00 63,791.78 66,981.46 70,330.52 73,847.02 Finance Director * executive 807 9/17/2024 126.7481 21,969.68 263,636.10 Finance Manager cnfdtl 460 9/17/2024 61.5898 64.6693 67.9028 71.2979 74.8628 10,675.56 11,209.34 11,769.81 12,358.30 12,976.21 128,106.68 134,512.04 141,237.72 148,299.58 155,714.52 Fire Battalion Chief fire 309 7/1/2023 46.5266 48.8529 51.2956 53.8604 56.5535 11,290.46 11,854.98 12,447.74 13,070.14 13,723.65 135,485.48 142,259.78 149,372.86 156,841.62 164,683.74 Fire Captain fire 304 7/1/2023 36.7639 38.6021 40.5322 42.5588 44.6868 8,921.38 9,367.45 9,835.82 10,327.61 10,843.99 107,056.56 112,409.44 118,029.86 123,931.34 130,127.92 Fire Chief * executive 815 9/17/2024 126.7481 21,969.68 263,636.10 Fire Engineer fire 303 7/1/2023 32.6168 34.2476 35.9600 37.7580 39.6460 7,915.01 8,310.75 8,726.29 9,162.62 9,620.76 94,980.08 99,728.98 104,715.52 109,951.40 115,449.10 Fire Safety Specialist I general 157 7/1/2024 26.1824 27.4915 28.8661 30.3094 31.8249 4,538.28 4,765.19 5,003.46 5,253.63 5,516.31 54,459.34 57,182.32 60,041.54 63,043.50 66,195.74 Fire Safety Specialist II general 330 7/1/2024 30.6055 32.1358 33.7425 35.4296 37.2011 5,304.95 5,570.20 5,848.70 6,141.14 6,448.20 63,659.44 66,842.36 70,184.40 73,693.62 77,378.34 Firefighter Medic fire 308 7/1/2023 30.5791 32.1080 33.7135 35.3992 37.1692 7,420.53 7,791.55 8,181.14 8,590.21 9,019.73 89,046.36 93,498.60 98,173.66 103,082.46 108,236.70 GIS Specialist general 166 7/1/2024 28.6268 30.0581 31.5610 33.1390 34.7960 4,961.97 5,210.08 5,470.57 5,744.09 6,031.31 59,543.64 62,520.90 65,646.88 68,929.12 72,375.68 Human Resources Analyst cnfdtl 835 7/1/2024 38.4116 40.3323 42.3489 44.4664 46.6898 6,658.02 6,990.92 7,340.47 7,707.51 8,092.89 79,896.18 83,891.08 88,085.66 92,490.06 97,114.68 Human Resources & Risk Management Director * executive 994 9/17/2024 126.7481 21,969.68 263,636.10 Human Resources Specialist cnfdtl 149 9/17/2024 32.1511 33.7586 35.4465 37.2189 39.0799 5,572.86 5,851.50 6,144.06 6,451.27 6,773.85 66,874.34 70,217.94 73,728.72 77,415.26 81,286.14 Information Services Manager midmngt 245 7/1/2024 53.7541 56.4419 59.2640 62.2273 65.3386 9,317.38 9,783.26 10,272.43 10,786.06 11,325.36 111,808.58 117,399.10 123,269.12 129,432.68 135,904.34 Information Technology Coordinator midmngt 279 7/1/2024 40.6593 42.6923 44.8269 47.0683 49.4216 7,047.60 7,399.99 7,769.99 8,158.50 8,566.42 84,571.24 88,799.88 93,239.90 97,901.96 102,796.98 Joint Pole Coordinator 9/17/2024 40.0581 42.0610 44.1640 46.3723 48.6909 6,943.41 7,290.57 7,655.09 8,037.86 8,439.75 83,320.90 87,486.88 91,861.12 96,454.28 101,277.02 Lead Code Compliance Officer cpcea 514 7/1/2024 31.5055 33.0808 34.7348 36.4715 38.2951 5,460.95 5,734.00 6,020.69 6,321.73 6,637.82 65,531.44 68,807.96 72,248.28 75,860.72 79,653.86 Lead Equipment Mechanic general 130 7/1/2024 31.1654 32.7238 34.3600 36.0780 37.8819 5,402.01 5,672.12 5,955.73 6,253.52 6,566.19 64,824.13 68,065.40 71,468.80 75,042.24 78,794.30 Library Manager midmngt 291 7/1/2024 45.6501 47.9326 50.3293 52.8458 55.4880 7,912.69 8,308.32 8,723.74 9,159.93 9,617.92 94,952.28 99,699.86 104,684.84 109,919.16 115,415.04 Line Crew Supervisor ibew 916 7/1/2023 57.5179 60.3938 63.4135 66.5841 69.9134 9,969.77 10,468.25 10,991.67 11,541.25 12,118.32 119,637.18 125,619.00 131,900.08 138,494.98 145,419.82 Maintenance Crew Leader general 178 7/1/2024 27.0264 28.3778 29.7966 31.2865 32.8509 4,684.58 4,918.81 5,164.75 5,422.99 5,694.15 56,214.92 59,025.72 61,976.98 65,075.92 68,329.82 Maintenance Electrician ibew 908 7/1/2023 37.0993 38.9543 40.9020 42.9471 45.0945 6,430.54 6,752.07 7,089.68 7,444.17 7,816.38 77,166.44 81,024.84 85,076.16 89,330.02 93,796.56 Maintenance Worker I general 111 7/1/2024 21.3155 22.3813 23.5004 24.6754 25.9091 3,694.69 3,879.42 4,073.40 4,277.07 4,490.92 44,336.26 46,553.00 48,880.78 51,324.78 53,890.98 Maintenance Worker I, Building general 117 7/1/2024 23.9489 25.1464 26.4038 27.7240 29.1103 4,151.15 4,358.71 4,576.65 4,805.49 5,045.78 49,813.76 52,304.46 54,919.80 57,665.92 60,549.32 Maintenance Worker II general 115 7/1/2024 22.3849 23.5041 24.6794 25.9134 27.2090 3,880.06 4,074.05 4,277.76 4,491.65 4,716.23 46,560.67 48,888.58 51,333.10 53,899.82 56,594.72 Maintenance Worker II, Building general 118 7/1/2024 25.1421 26.3991 27.7191 29.1051 30.5604 4,357.96 4,575.85 4,804.65 5,044.89 5,297.13 52,295.48 54,910.18 57,655.78 60,538.66 63,565.58 Maintenance Worker III general 153 7/1/2024 25.7096 26.9950 28.3448 29.7620 31.2501 4,456.33 4,679.13 4,913.09 5,158.75 5,416.69 53,475.90 56,149.60 58,957.08 61,904.96 65,000.26 Maintenance Worker III, Building general 132 7/1/2024 28.9232 30.3694 31.8879 33.4823 35.1564 5,013.35 5,264.03 5,527.23 5,803.59 6,093.77 60,160.23 63,168.30 66,326.78 69,643.08 73,125.26 Network Technician general 168 7/1/2024 28.1391 29.5460 31.0233 32.5744 34.2031 4,877.44 5,121.31 5,377.36 5,646.23 5,928.54 58,529.33 61,455.68 64,528.36 67,754.70 71,142.50 Office Specialist I general 186 7/1/2024 18.3328 19.2495 20.2120 21.2226 22.2838 3,177.69 3,336.58 3,503.41 3,678.59 3,862.52 38,132.23 40,038.96 42,040.96 44,143.06 46,350.20 Office Specialist II general 106 7/1/2024 19.4532 20.4259 21.4471 22.5195 23.6455 3,371.89 3,540.49 3,717.50 3,903.38 4,098.55 40,462.73 42,485.82 44,610.02 46,840.56 49,182.64 Payroll Analyst cnfdtl 839 7/1/2024 38.4116 40.3323 42.3489 44.4664 46.6898 6,658.02 6,990.92 7,340.47 7,707.51 8,092.89 79,896.18 83,891.08 88,085.66 92,490.06 97,114.68 Payroll Technician I general 121 7/1/2024 24.9237 26.1699 27.4784 28.8523 30.2949 4,320.11 4,536.11 4,762.92 5,001.06 5,251.11 51,841.31 54,433.34 57,155.02 60,012.68 63,013.34 Payroll Technician II general 170 7/1/2024 27.4192 28.7901 30.2296 31.7411 33.3281 4,752.66 4,990.29 5,239.80 5,501.80 5,776.88 57,031.96 59,883.46 62,877.62 66,021.54 69,322.50 Planning Manager midmngt 262 7/1/2024 48.9021 51.3473 53.9146 56.6104 59.4409 8,476.37 8,900.19 9,345.20 9,812.47 10,303.09 101,716.42 106,802.28 112,142.42 117,749.58 123,637.02 Planning/Building Technician general 193 7/1/2024 25.5567 26.8345 28.1763 29.5851 31.0644 4,429.83 4,651.31 4,883.88 5,128.09 5,384.49 53,157.90 55,815.76 58,606.60 61,537.06 64,613.90 Plans Examiner I general 840 7/1/2024 33.6662 35.3495 37.1170 38.9729 40.9215 5,835.47 6,127.25 6,433.61 6,755.30 7,093.06 70,025.60 73,526.96 77,203.36 81,063.58 85,116.72 Plans Examiner II general 342 7/1/2024 37.0328 38.8844 40.8286 42.8700 45.0135 6,419.02 6,739.96 7,076.96 7,430.80 7,802.34 77,028.19 80,879.50 84,923.54 89,169.60 93,628.08 Police Captain cpma 402 7/20/2024 83.4394 87.6114 91.9920 96.5916 101.4213 14,462.83 15,185.97 15,945.28 16,742.55 17,579.68 173,553.90 182,231.66 191,343.36 200,910.58 210,956.20 Police Chief * executive 808 9/17/2024 126.7481 21,969.68 263,636.10 Police Cpl./Detective police 510 7/20/2024 47.8451 50.2374 52.7493 55.3868 58.1561 8,293.16 8,707.81 9,143.20 9,600.37 10,080.40 99,517.86 104,493.74 109,718.44 115,204.44 120,964.74 Police Dispatcher I dispatch 603 7/20/2024 27.4813 28.8554 30.2981 31.8130 33.4036 4,763.42 5,001.60 5,251.68 5,514.25 5,789.96 57,161.00 60,019.18 63,020.10 66,171.04 69,479.54 Police Dispatcher II dispatch 605 7/20/2024 29.4456 30.9179 32.4638 34.0870 35.7914 5,103.91 5,359.10 5,627.05 5,908.41 6,203.84 61,246.90 64,309.18 67,524.60 70,900.96 74,446.06 Police Lieutenant cpma 401 7/20/2024 70.8916 74.4363 78.1581 82.0660 86.1693 12,287.88 12,902.28 13,547.41 14,224.77 14,936.00 147,454.58 154,827.40 162,568.90 170,697.28 179,232.04 Police Officer police 508 7/20/2024 42.4881 44.6125 46.8431 49.1853 51.6445 7,364.61 7,732.83 8,119.48 8,525.44 8,951.71 88,375.30 92,794.00 97,433.70 102,305.32 107,420.56 Police Officer Trainee police2 507 7/20/2024 31.2083 32.7686 34.4070 36.1274 37.9338 5,409.43 5,679.90 5,963.88 6,262.08 6,575.18 64,913.16 68,158.74 71,566.56 75,144.94 78,902.20 Police Records Supervisor midmngt 610 7/1/2024 27.6024 28.9825 30.4316 31.9533 33.5509 4,784.41 5,023.63 5,274.82 5,538.56 5,815.49 57,412.94 60,283.60 63,297.78 66,462.76 69,785.82 Police Sergeant police 511 7/20/2024 57.8188 60.7098 63.7453 66.9325 70.2791 10,021.92 10,523.02 11,049.18 11,601.63 12,181.72 120,263.00 126,276.28 132,590.12 139,219.60 146,180.58 Police Services Clerk I cpcea 601 7/1/2024 18.7838 19.7230 20.7091 21.7446 22.8319 3,255.85 3,418.65 3,589.58 3,769.07 3,957.53 39,070.20 41,023.84 43,074.98 45,228.82 47,490.30 Police Services Clerk II cpcea 602 7/1/2024 19.7221 20.7083 21.7436 22.8308 23.9723 3,418.50 3,589.43 3,768.90 3,957.33 4,155.19 41,022.02 43,073.16 45,226.74 47,487.96 49,862.28 Police Support Services Manager midmngt 512 7/1/2024 40.9758 43.0245 45.1758 47.4345 49.8063 7,102.46 7,457.58 7,830.46 8,221.98 8,633.08 85,229.56 89,490.96 93,965.56 98,663.76 103,597.00 Power Line Helper ibew 905 7/1/2023 33.1596 34.8176 36.5585 38.3864 40.3058 5,747.67 6,035.06 6,336.81 6,653.64 6,986.33 68,972.02 72,420.66 76,041.68 79,843.66 83,835.96 Power Line Technician ibew 918 7/1/2023 50.0123 52.5129 55.1385 57.8954 60.7901 8,668.79 9,102.23 9,557.34 10,035.20 10,536.96 104,025.48 109,226.78 114,688.08 120,422.38 126,443.46 Power Line Technician Apprentice ibew 909 7/1/2023 42.5194 44.6454 46.8776 49.2215 51.6826 7,370.03 7,738.53 8,125.46 8,531.73 8,958.32 88,440.30 92,862.38 97,505.46 102,380.72 107,499.86 Public Works & Utilities Director * executive 842 9/17/2024 126.7481 21,969.68 263,636.10 Public Works & Utility Inspector ibew2 995 1/1/2024 36.1620 37.9701 39.8686 41.8620 43.9551 6,268.09 6,581.49 6,910.56 7,256.08 7,618.89 75,217.04 78,977.86 82,926.74 87,072.96 91,426.66 Public Works & Water/Wastewater Admin Manager midmngt 200 7/1/2024 52.2848 54.8990 57.6440 60.5263 63.7666 9,062.69 9,515.83 9,991.63 10,491.22 11,052.88 108,752.28 114,189.92 119,899.52 125,894.60 132,634.58 Public Works Director * executive 806 9/17/2024 126.7481 21,969.68 263,636.10

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Packet Pg. 641 Attachment: Attachment 1 - Revised 9-17-24 Salary Schedule (4669 : Labor Plan - Executive Employees) Classification Title
Job Title Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E ANNUAL

FULL TIME CLASSIFICATIONS

SALARY TABLE

HOURLY MONTHLY
Salary Group
FY 2024-25
Revised 9/17/2024
Pay
Grade
Effective
Date
Public Works Equipment Operator II general 124 7/1/2024 23.8975 25.0924 26.3470 27.6644 29.0476 4,142.24 4,349.35 4,566.81 4,795.16 5,034.92 49,706.88 52,192.14 54,801.76 57,541.90 60,419.06 Public Works Supervisor midmngt 451 7/1/2024 40.1391 42.1460 44.2533 46.4659 48.7891 6,957.44 7,305.31 7,670.56 8,054.09 8,456.78 83,489.25 87,663.68 92,046.76 96,649.02 101,481.38 Purchasing and Customer Service Manager midmngt 224 7/1/2024 53.7544 56.4421 59.2643 62.2275 65.3389 9,317.43 9,783.30 10,272.47 10,786.10 11,325.41 111,809.15 117,399.62 123,269.64 129,433.20 135,904.86 Purchasing Technician general 410 7/1/2024 24.9166 26.1625 27.4706 28.8441 30.2864 4,318.88 4,534.83 4,761.58 4,999.65 5,249.64 51,826.58 54,418.00 57,138.90 59,995.78 62,995.66 Recreation Services Coordinator general 123 7/1/2024 25.5640 26.8423 28.1844 29.5936 31.0733 4,431.09 4,652.66 4,885.29 5,129.56 5,386.03 53,173.12 55,831.88 58,623.50 61,554.74 64,632.36 Recreation Services Manager midmngt 239 7/1/2024 46.1083 48.4138 50.8345 53.3763 56.0451 7,992.10 8,391.72 8,811.31 9,251.88 9,714.49 95,905.22 100,700.60 105,735.76 111,022.60 116,573.86 Recreation Services Supervisor midmngt 7/1/2024 30.7273 32.2636 33.8768 35.5706 37.3491 5,326.06 5,592.36 5,871.97 6,165.58 6,473.85 63,912.68 67,108.34 70,463.64 73,986.90 77,686.18 Senior Accountant midmngt 233 7/1/2024 38.1277 40.0341 42.0359 44.1376 46.3445 6,608.80 6,939.25 7,286.22 7,650.52 8,033.05 79,305.64 83,270.98 87,434.62 91,806.26 96,396.56 Senior Collection System Maintenance Technician ibew2 198 1/1/2024 30.4681 31.9915 33.5911 35.2706 37.0341 5,281.14 5,545.19 5,822.46 6,113.58 6,419.25 63,373.74 66,542.32 69,869.54 73,362.90 77,030.98 Senior Consumer Service Field Rep ibew 906 7/1/2023 36.9034 38.7485 40.6859 42.7201 44.8561 6,396.59 6,716.41 7,052.22 7,404.82 7,775.06 76,759.02 80,596.88 84,626.62 88,857.86 93,300.74 Senior Electric Utility Inspector ibew 982 7/1/2023 47.9726 50.3713 52.8899 55.5344 58.3111 8,315.26 8,731.02 9,167.58 9,625.96 10,107.26 99,783.06 104,772.20 110,010.94 115,511.50 121,287.14 Senior Energy Services Specialist midmngt 992 7/1/2024 43.5750 45.7538 48.0415 50.4436 52.9658 7,552.99 7,930.65 8,327.19 8,743.56 9,180.73 90,635.93 95,167.80 99,926.32 104,922.74 110,168.76 Senior Finance Analyst cnfdtl 461 7/1/2024 49.0238 51.4750 54.0488 56.7513 59.5889 8,497.45 8,922.33 9,368.45 9,836.88 10,328.74 101,969.40 107,068.00 112,421.40 118,042.60 123,944.86 Senior Human Resources Analyst cnfdtl 846 7/1/2024 49.0238 51.4750 54.0488 56.7513 59.5889 8,497.45 8,922.33 9,368.45 9,836.88 10,328.74 101,969.40 107,068.00 112,421.40 118,042.60 123,944.86 Senior Information System Coordinator midmngt 9/17/2024 46.7569 49.0948 51.5495 54.1270 56.8334 8,104.53 8,509.76 8,935.25 9,382.01 9,851.12 97,254.30 102,117.08 107,222.96 112,584.16 118,213.42 Senior Office Specialist general 120 7/1/2024 20.8643 21.9075 23.0029 24.1530 25.3606 3,616.49 3,797.30 3,987.17 4,186.52 4,395.84 43,397.83 45,567.60 47,845.98 50,238.24 52,750.10 Senior Planner midmngt 228 7/1/2024 43.9185 46.1144 48.4201 50.8411 53.3831 7,612.54 7,993.16 8,392.82 8,812.46 9,253.08 91,350.48 95,917.90 100,713.86 105,749.54 111,036.90 Senior Police Dispatcher dispatch 606 7/20/2024 33.5899 35.2694 37.0329 38.8845 40.8288 5,822.25 6,113.36 6,419.03 6,739.98 7,076.98 69,866.94 73,360.30 77,028.38 80,879.76 84,923.80 Senior Risk Management Analyst cnfdtl 847 7/1/2024 49.0238 51.4750 54.0488 56.7513 59.5889 8,497.45 8,922.33 9,368.45 9,836.88 10,328.74 101,969.40 107,068.00 112,421.40 118,042.60 123,944.86 Senior Substation Electrician ibew 978 7/1/2023 52.8298 55.4713 58.2449 61.1571 64.2150 9,157.16 9,615.02 10,095.78 10,600.57 11,130.60 109,885.88 115,380.20 121,149.34 127,206.82 133,567.20 Senior Utilities Financial Analyst midmngt 213 7/1/2024 46.6321 48.9638 51.4120 53.9826 56.6818 8,082.90 8,487.05 8,911.41 9,356.99 9,824.84 96,994.82 101,844.60 106,936.96 112,283.86 117,898.04 Senior Wastewater Treatment Plant Operator ibew2 161 1/1/2024 39.0973 41.0521 43.1048 45.2600 47.5230 6,776.86 7,115.70 7,471.49 7,845.07 8,237.32 81,322.37 85,388.42 89,657.88 94,140.80 98,847.84 Senior Water Conservation Specialist general 993 7/1/2024 36.6845 38.5188 40.4448 42.4670 44.5904 6,358.65 6,676.58 7,010.42 7,360.95 7,729.00 76,303.78 80,119.00 84,125.08 88,331.36 92,747.98 Senior Water Distribution Operator ibew2 137 1/1/2024 35.3422 37.1093 38.9648 40.9130 42.9586 6,125.98 6,432.27 6,753.89 7,091.59 7,446.16 73,511.72 77,187.24 81,046.68 85,099.04 89,353.94 Senior Water Production Operator ibew2 9/17/2024 38.1021 40.0073 42.0076 44.1080 46.3134 6,604.37 6,934.59 7,281.32 7,645.39 8,027.65 79,252.42 83,215.08 87,375.86 91,744.64 96,331.82 Service Crew Supervisor ibew 915 7/1/2023 55.0160 57.7668 60.6551 63.6879 66.8723 9,536.11 10,012.90 10,513.56 11,039.23 11,591.19 114,433.28 120,154.84 126,162.66 132,470.78 139,094.28 Storekeeper general 147 7/1/2024 21.1397 22.1966 23.3065 24.4719 25.6955 3,664.21 3,847.42 4,039.79 4,241.79 4,453.89 43,970.49 46,168.98 48,477.52 50,901.50 53,446.64 Substation Electrician ibew 977 7/1/2023 48.0248 50.4260 52.9473 55.5946 58.3744 8,324.29 8,740.51 9,177.52 9,636.40 10,118.23 99,891.48 104,886.08 110,130.28 115,636.82 121,418.70 Substation Electrician Apprentice ibew 976 7/1/2023 42.9330 45.0796 47.3336 49.7003 52.1853 7,441.72 7,813.80 8,204.50 8,614.71 9,045.44 89,300.64 93,765.62 98,453.94 103,376.52 108,545.32 Substation Operations Supervisor ibew 979 7/1/2023 58.4871 61.4115 64.4821 67.7063 71.0916 10,137.77 10,644.66 11,176.90 11,735.75 12,322.55 121,653.22 127,735.92 134,122.82 140,829.00 147,870.58 Substation Superintendent midmngt 225 7/1/2024 63.5059 66.6811 70.0151 73.5159 77.1916 11,007.69 11,558.06 12,135.96 12,742.75 13,379.88 132,092.24 138,696.74 145,631.46 152,913.02 160,558.58 Supervising Communication Dispatcher dispatch 608 7/20/2024 40.3150 42.3308 44.4473 46.6696 49.0031 6,987.93 7,337.33 7,704.19 8,089.40 8,493.88 83,855.20 88,047.96 92,450.28 97,072.82 101,926.50 Transmission/Distr. Superintendent midmngt 217 7/1/2024 63.5059 66.6811 70.0151 73.5159 77.1916 11,007.69 11,558.06 12,135.96 12,742.75 13,379.88 132,092.24 138,696.74 145,631.46 152,913.02 160,558.58 Utilities Business Systems Analyst midmngt 205 7/1/2024 40.6593 42.6923 44.8269 47.0683 49.4216 7,047.60 7,399.99 7,769.99 8,158.50 8,566.42 84,571.24 88,799.88 93,239.90 97,901.96 102,796.98 Utilities Engineer midmngt 297 7/1/2024 47.7523 50.1400 52.6470 55.2794 58.0434 8,277.07 8,690.93 9,125.48 9,581.76 10,060.85 99,324.83 104,291.20 109,505.76 114,981.10 120,730.22 Utilities Executive Assistant midmngt 998 7/1/2024 29.2087 30.6691 32.2026 33.8128 35.5034 5,062.83 5,315.98 5,581.79 5,860.88 6,153.92 60,754.00 63,791.78 66,981.46 70,330.52 73,847.02 Utilities Planning Manager midmngt 450 7/1/2024 58.3885 61.3079 64.3733 67.5919 70.9715 10,120.67 10,626.70 11,158.03 11,715.93 12,301.73 121,448.10 127,520.38 133,896.36 140,591.10 147,620.72 Utilities Plans Examiner midmngt 236 7/1/2024 32.1406 33.7476 35.4350 37.2068 39.0671 5,571.04 5,849.59 6,142.07 6,449.17 6,771.64 66,852.47 70,195.06 73,704.80 77,390.04 81,259.62 Utility Resource Analyst midmngt 497 7/1/2024 47.7523 50.1400 52.6470 55.2794 58.0434 8,277.07 8,690.93 9,125.48 9,581.76 10,060.85 99,324.83 104,291.20 109,505.76 114,981.10 120,730.22 Warehouse Supervisor midmngt 275 7/1/2024 27.7610 29.1490 30.6065 32.1369 33.7438 4,811.91 5,052.49 5,305.13 5,570.39 5,848.92 57,742.90 60,629.92 63,661.52 66,844.70 70,187.00 Wastewater Treatment Plant Mechanic I ibew2 155 1/1/2024 26.7634 28.1016 29.5068 30.9821 32.5313 4,638.99 4,870.95 5,114.50 5,370.24 5,638.75 55,667.86 58,451.38 61,374.04 64,442.82 67,665.00 Wastewater Treatment Plant Mechanic II ibew2 159 1/1/2024 34.1733 35.8819 37.6760 39.5598 41.5378 5,923.37 6,219.53 6,530.51 6,857.02 7,199.88 71,080.41 74,634.30 78,366.08 82,284.28 86,398.52 Wastewater Treatment Plant Operator I ibew2 133 1/1/2024 29.5787 31.0576 32.6105 34.2410 35.9530 5,126.98 5,383.32 5,652.49 5,935.11 6,231.85 61,523.80 64,599.86 67,829.84 71,221.28 74,782.24 Wastewater Treatment Plant Operator II ibew2 184 1/1/2024 34.0072 35.7075 37.4929 39.3675 41.3359 5,894.58 6,189.30 6,498.77 6,823.70 7,164.89 70,734.96 74,271.60 77,985.18 81,884.40 85,978.62 Wastewater Utilities Supervisor midmngt 255 7/1/2024 43.9275 46.1239 48.4301 50.8516 53.3943 7,614.10 7,994.81 8,394.56 8,814.28 9,255.00 91,369.20 95,937.66 100,734.66 105,771.38 111,060.04 Water & Wastewater Operations Manager midmngt 299 7/1/2024 63.6605 66.8436 70.1858 73.6950 77.3798 11,034.49 11,586.23 12,165.53 12,773.80 13,412.49 132,413.94 139,034.74 145,986.36 153,285.60 160,949.88 Water Conservation Specialist general 189 7/1/2024 33.2608 34.9239 36.6701 38.5036 40.4288 5,765.20 6,053.47 6,356.16 6,673.96 7,007.65 69,182.44 72,641.66 76,273.86 80,087.54 84,091.80 Water Distribution Foreperson ibew2 9/17/2024 39.0128 40.9634 43.0115 45.1621 47.4203 6,762.21 7,100.32 7,455.33 7,828.10 8,219.51 81,146.52 85,203.82 89,463.92 93,937.22 98,634.12 Water Distribution Operator I ibew2 100 1/1/2024 26.3352 27.6520 29.0346 30.4864 32.0108 4,564.77 4,793.01 5,032.67 5,284.31 5,548.53 54,777.20 57,516.16 60,392.02 63,411.66 66,582.36 Water Distribution Operator II ibew2 146 1/1/2024 29.2666 30.7300 32.2665 33.8799 35.5739 5,072.88 5,326.53 5,592.86 5,872.51 6,166.14 60,874.60 63,918.40 67,114.32 70,470.14 73,993.66 Water Distribution Operator III ibew2 181 1/1/2024 33.6582 35.3411 37.1081 38.9635 40.9116 5,834.08 6,125.80 6,432.08 6,753.67 7,091.35 70,008.98 73,509.54 77,184.90 81,044.08 85,096.18 Water Distribution Supervisor midmngt 254 9/17/2024 43.9259 46.1221 48.4283 50.8496 53.3921 7,613.82 7,994.50 8,394.23 8,813.94 9,254.64 91,365.82 95,934.02 100,730.76 105,767.22 111,055.62 Water Production Supervisor midmngt 254 9/17/2024 43.9259 46.1221 48.4283 50.8496 53.3921 7,613.82 7,994.50 8,394.23 8,813.94 9,254.64 91,365.82 95,934.02 100,730.76 105,767.22 111,055.62 Water Production Operator I ibew2 100 9/17/2024 26.3352 27.6520 29.0346 30.4864 32.0108 4,564.77 4,793.01 5,032.67 5,284.31 5,548.53 54,777.20 57,516.16 60,392.02 63,411.66 66,582.36 Water Production Operator II ibew2 146 9/17/2024 29.2666 30.7300 32.2665 33.8799 35.5739 5,072.88 5,326.53 5,592.86 5,872.51 6,166.14 60,874.60 63,918.40 67,114.32 70,470.14 73,993.66 Water Production Operator III ibew2 181 9/17/2024 33.6582 35.3411 37.1081 38.9635 40.9116 5,834.08 6,125.80 6,432.08 6,753.67 7,091.35 70,008.98 73,509.54 77,184.90 81,044.08 85,096.18 * Executive unit members on contract with maximum allowable salary amounts listed in Step E The City of Colton salary schedule may be updated intermittently to include salary revisions contractually provisioned by Council-approved MOUs

13.a
Packet Pg. 642 Attachment: Attachment 1 - Revised 9-17-24 Salary Schedule (4669 : Labor Plan - Executive Employees) ITEM NO. 14

STAFF REPORT
DATE: SEPTEMBER 17, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TOM CODY, HUMAN RESOURCES DIRECTOR
SUBJECT: LABOR PLAN - AMEND THE CURRENT SALARY SCHEDULE AND

AUTHORIZED POSITION LIST PERTAINING TO CONFIDENTIAL
EMPLOYEES, RESOLUTIONS R-100-24 AND R-101-24.

RECOMMENDED ACTION
Staff recommends that the City Council take the following action:

Staff recommends the City Council approve the Confidential employee's wage and benefit resolution (Resolution R-100-24), salary schedule, and budget resolution (Resolution R-101-24).

BACKGROUND
The City of Colton has been experiencing a recruitment and retention emergency for the past 2-3 years and has seen significant challenges with attracting and retaining qualified personnel for every department and level of the City. The City Manager's office has initiated a Labor Plan effort to increase Colton's salary structure to the average of comparable cities in the region. This staff report addresses the eleven (11) members of the Confidential Group.

Following a reclassification study of the Deputy City Clerk position and considering the structure of this critical Department, staff recommends the creation of a ranking Chief Deputy City Clerk to manage this department's function in conjunction with an elected City Clerk.

ISSUES/ANALYSIS
The City of Colton is below market for compensation with many departments, which has resulted in difficulty filling positions with a high level of vacancies due to unsuccessful recruitments and retention issues. This turnover creates inefficiencies, burnout of existing 14 Packet Pg. 643
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Labor Plan - Confidential Employees
September 17, 2024

employees, and additional costs for all departments as they constantly retrain and evaluate new employees. The City uses the same list of cities within the region that reflect our local labor market. Thus, the City did a compensation market analysis of the Confidential Group and has arrived at these recommendations.

1. Assistant to the City Manager – The regional market analysis showed the City is 6.6% below market for the Assistant to the City Manager classification. Proposed market adjustment of +6.6%

2. Chief Deputy City Clerk—New classification and salary range. The proposed range is based on market survey data from 30 other cities and focused on the eight agencies of those 30, where there is still an elected City Clerk. The comparative data is based on the mid-point of the ranking staff member responsible for the total operations of those regional City Clerk’s Offices.

3. Deputy City Clerk - Includes eliminating the Deputy City Clerk classification in the 2024/2025 authorized position list.

4. Executive Assistant to the City Manager - No change recommended. At or above midmarket.

5. Finance Manager - The regional market analysis showed the City is 12% below market for the classification of Finance Manager. Proposed market adjustment of +12%

6. Human Resources Analyst - No change. At or above medium market.

7. Human Resources Specialist - The regional market analysis showed the City is 4% below market for the classification of Human Resources Specialist. Proposed market adjustment of +4%

8. Payroll Analyst - No change. At or above medium market.

9. Senior Finance Analyst - - No change. At or above medium market.

10. Senior Human Resources Analyst - No change. At or above medium market.

11. Senior Risk Management Analyst - No change. At or above medium market.

In summary, four positions in the confidential group are recommended to be adjusted to the midpoint of the regional agency salary market. Six positions remain at their current compensation level. Resolution R-100-24 only includes the deletion of the Deputy City Clerk position and the addition of the Chief Deputy City Clerk position, which is addressed in the New/Reclassifications—Multiple Departments agenda item, number 20 on tonight's City Council agenda's consent agenda.

FISCAL IMPACTS
These salary range adjustments for four Confidential will cost approximately $106,300 annually, all attributed to the General Fund. Those figures factor in the impact on PERS, the City’s portion of Medicare, and other provisioned percentage-based premium pay for the current employee census population. Adoption of Resolution R-101-24 increases FY2024-25 appropriations from the General Fund reserve to effectuate the increases in the following 14 Packet Pg. 644
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Labor Plan - Confidential Employees
September 17, 2024

account: 100-1000-1000-1010-0000-000.

ALTERNATIVES

1. Provide alternative direction to staff.

CC:

Attachment 1 - Resolution # R-100-24
Attachment 2 – Resolution # R-101-24
Attachment 3 - Salary Table revised 9-17-24

ATTACHMENT

1. Attachment 1 - Confidential Resolution R-100-24

2. Attachment 2 - Resolution R-101-24

3. Attachment 3 - SALARY TABLE confidential_revised 9-17-2024 14 Packet Pg. 645

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Resolution No. R-101-24
1 RESOLUTION NO. R-101-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON

ADOPTING CHANGES TO THE SALARY SCHEDULE OF EMPLOYEES IN

THE CONFIDENTIAL EMPLOYEE GROUP
WHEREAS, the City of Colton The City of Colton has been experiencing a recruitment and retention emergency for years and has seen significant challenges with attracting and retaining qualified personnel for every department and level of the City. The City has initiated a Labor Plan effort to increase Colton's salary structure to the average of comparable regional cities. This staff report addresses the four (4) of the eleven (11) members of the Confidential Group who were beneath the average of comparable regional cities and creates a new classification of Chief Deputy City Clerk; and
WHEREAS, the City Manager is authorized to execute the implementation of these changes on the city’s behalf; and
WHEREAS, this resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded; and
NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes Section 1: All changes outlined in the agenda report to the full-time classifications, salary schedule, and authorized position list.

Section 2: Amend the FY2024-25 budget to appropriate $106,300 from General Fund reserve balance to General Fund Non-Departmental Salaries Account Number 100-1000-1000- 1010-0000-000 to effectuate the changes outlined in the report.

PASSED, APPROVED AND ADOPTED this 17th day of September 2024:

City of Colton
FRANK J. NAVARRO, Mayor
ATTEST:

STEPHANIE VARGAS, Deputy City Clerk

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Packet Pg. 660 Attachment: Attachment 2 - Resolution R-101-24 (4658 : Labor Plan - Confidential Employees) Classification Title Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Assistant to the City Manager cnfdtl 801 9/17/2024 53.0248 55.6760 58.4598 61.3828 64.4519 9,190.96 9,650.51 10,133.02 10,639.68 11,171.66 110,291.48 115,806.08 121,596.28 127,676.12 134,059.90 Chief Deputy City Clerk cnfdtl 173 9/17/2024 59.1048 62.0600 65.1630 68.4211 71.8421 10,244.82 10,757.07 11,294.92 11,859.66 12,452.64 122,937.88 129,084.80 135,539.04 142,315.94 149,431.62 Executive Assistant to City Manager cnfdtl 819 7/1/2024 37.2786 39.1425 41.0996 43.1546 45.3124 6,461.63 6,784.70 7,123.94 7,480.14 7,854.15 77,539.54 81,416.40 85,487.22 89,761.62 94,249.74 Finance Manager cnfdtl 460 9/17/2024 61.5898 64.6693 67.9028 71.2979 74.8628 10,675.56 11,209.34 11,769.81 12,358.30 12,976.21 128,106.68 134,512.04 141,237.72 148,299.58 155,714.52 Human Resources Analyst cnfdtl 835 7/1/2024 38.4116 40.3323 42.3489 44.4664 46.6898 6,658.02 6,990.92 7,340.47 7,707.51 8,092.89 79,896.18 83,891.08 88,085.66 92,490.06 97,114.68 Human Resources Specialist cnfdtl 149 9/17/2024 32.1511 33.7586 35.4465 37.2189 39.0799 5,572.86 5,851.50 6,144.06 6,451.27 6,773.85 66,874.34 70,217.94 73,728.72 77,415.26 81,286.14 Payroll Analyst cnfdtl 839 7/1/2024 38.4116 40.3323 42.3489 44.4664 46.6898 6,658.02 6,990.92 7,340.47 7,707.51 8,092.89 79,896.18 83,891.08 88,085.66 92,490.06 97,114.68 Senior Finance Analyst cnfdtl 461 7/1/2024 49.0238 51.4750 54.0488 56.7513 59.5889 8,497.45 8,922.33 9,368.45 9,836.88 10,328.74 101,969.40 107,068.00 112,421.40 118,042.60 123,944.86 Senior Human Resources Analyst cnfdtl 846 7/1/2024 49.0238 51.4750 54.0488 56.7513 59.5889 8,497.45 8,922.33 9,368.45 9,836.88 10,328.74 101,969.40 107,068.00 112,421.40 118,042.60 123,944.86 Senior Risk Management Analyst cnfdtl 847 7/1/2024 49.0238 51.4750 54.0488 56.7513 59.5889 8,497.45 8,922.33 9,368.45 9,836.88 10,328.74 101,969.40 107,068.00 112,421.40 118,042.60 123,944.86 ANNUAL

FULL TIME CLASSIFICATIONS

SALARY TABLE

MONTHLY HOURLY
Salary Group
FY 2024-25
Revised 9/17/2024
Pay
Grade
Effective
Date

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Attachment: Attachment 3 - SALARY TABLE confidential_revised 9-17-2024 (4658 : Labor Plan - Confidential Employees) ITEM NO. 15

STAFF REPORT
DATE: SEPTEMBER 17, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BILL SMITH, CITY MANAGER
SUBJECT: APPROVE LEGISLATIVE POLICY FOR FISCAL YEAR 2025.

RECOMMENDED ACTION
Staff recommends that the City Council take the following action:

City Council adopt the 2025 Colton Legislative Policy.

BACKGROUND
As a means to be active in legislative advocacy, a formal Legislative Policy has been developed to promote the specific interests of the City of Colton. As such, staff is advancing a comprehensive Policy to guide the legislative process for the 2025 legislative year.

The attached Legislative Policy document details the overall program, including legislative positions, process outline and staff duties. As stated in the Legislative Policy’s Purpose Statement, “the purpose of the City of Colton’s Legislative Year 2025 Policy is to provide a vehicle for the City Council and staff to pursue legislative objectives in the most efficient and effective way.” Practically speaking, many legislative issues are brought to the City by way of letters requesting support or opposition from lobbyist organizations, other cities sponsoring legislation or special interest groups. Due to the time sensitive nature of these requests, staff needs to be able to prepare the necessary letters without special action of the Council. Having a Plan that outlines the City’s position on routine issues that impact cities enables staff to prepare the necessary letters for the Mayor’s signature, or respond to inquiries with a firm City position, without individual Council action.

Matters that are not clearly defined in the City’s Legislative Policy can and will continue to be brought to the full City Council on a case-by-case basis. The general philosophy of the Policy is 15 Packet Pg. 662
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Legislative Policy 2025
September 17, 2024

to protect local or home rule, oppose unfunded State and County mandates, oppose government interference in the private sector, and to protect and stabilize current City revenue sources.

The City of Colton Draft Legislative Year 2025 Policy has been reviewed by the City Council, as well as the City’s executive staff team and the City Attorney.

ISSUES/ANALYSIS
The Legislative Policy document provides a myriad of legislative positions for Council consideration. As it would be voluminous to describe the reasoning behind each legislative position within this staff report, staff remains ready to discuss any legislative position, if needed, during agenda review for Council consideration of this item.

FISCAL IMPACT
There is no fiscal impact as a result of this action. The City’s Legislative Policy will be coordinated by the City Manager’s Office. As such, the major impact will be on staff time needed to manage this effort. Costs for any additional legislative advocacy, as well as necessary travel and/or expenses by Council Members/staff, will be discussed during the City’s budget processes or on a case-by-case basis.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. 2025 Legislative Policy
15 Packet Pg. 663
City of Colton
Legislative Year
2025 Program
Frank J. Navarro, Mayor
David J. Toro, Council Member, District 1
Kelly J. Chastain, Council Member, District 2
Dr. Luis S. González, Council Member, District 3
John R. Echevarria, Council Member, District 4
William R. Smith, City Manager

PURPOSE STATEMENT
The purpose of the City of Colton's Legislative Year 2025 Program is to provide a vehicle for the City Council and staff to pursue legislative objectives in the most efficient and effective way.

PROGRAM GOALS AND OBJECTIVES
The primary goal of the Legislative Program is for the City Council to adopt official City positions on clearly stated legislative issues prior to the start of the legislative session. By doing this, the legislative approval process is streamlined and eliminates the need for repetitive concurrence and direction from the City Council on previously approved issues.

A secondary objective is to implement a process that ensures that the City Council provides input and direction on legislative issues that have not been previously reviewed by the City Council. This objective will ensure that staff will seek the Council's guidance on issues not contained within the City's adopted legislative positions.

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PROCESS OUTLINE
The City's Legislative Program consists of a framework and reference guide for legislative positions and objectives that provide direction for the City Council and staff. The following five steps outline the process.

I. Development of Legislative Issues
The City Council annually approves the legislative positions cooperatively developed for the upcoming legislative session for the City Council, staff and Legislative Advocates to advance on behalf of the City.

II. Development of Recommended Positions for Issues Not Considered in the Legislative Positions Document
The second step formalizes a process for developing positions on legislation that falls outside this adopted document.

1. Preliminary staff research and analysis on legislation impacting the City that falls outside this policy document.

2. Consultation and coordination with the City's Legislative Advocates.

3. Recommendations on legislative positions are brought to the City Council for action. Any legislative action will require not less than three affirmative votes of the legislative body, regardless of the number of Council Members in attendance, to be pursued by the City.

III. City Council Responsibilities in the Legislative Process The third step outlines the participation and activities by the City Council, collectively and individually, in overseeing items of interest to the City during the legislative year.

These activities include:

1. Seek support/opposition from other interested entities.

2. Participation in meetings with legislators and staff, as well as other local public officials/staff.

3. Preparing/reviewing/presenting testimony on behalf of the City before the county, state and federal government.

4. Receive copies of all correspondence transmitted on legislative positions.

5. Provide City Council approval on all proposed actions that impact the Legislative Program as requested by staff.

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IV. Staff Responsibilities in the Legislative Process
The fourth step outlines the responsibilities of City staff in overseeing the City's Legislative Program during the legislative year. These activities include:

1. Preparing support/opposition analyses and correspondence.

2. Send letters of support/opposition (staff is authorized to send letters on adopted legislative positions without further Council interaction as described in the "signature" section below).

3. Seek support/opposition from other interested entities.

4. Participation in meetings with legislators and staff, as well as other local public officials/staff.

5. Preparing/reviewing/presenting testimony on behalf of the City before the county, state and federal government.

6. Receive copies of all correspondence transmitted on legislative positions.

7. Inform the City Council on the progress of legislation on which the City has taken a position, including any substantive amendments that would impact the spirit of the City's adopted position.

8. Preparation of a program status report as described in the following section.

V. Legislative Program Communication
The fifth step describes the legislative tracking and other communication issues regarding legislative items.

1. Staff regularly tracks the status of various bills throughout the legislative year.

As warranted, staff will prepare a status report and inform the Council of the progress of certain legislation.

2. The Mayor or City Manager, on behalf of the City and its subsidiary agencies, shall sign letters on City adopted legislative positions unless certain circumstances dictate otherwise. Written correspondence, by individual Council Members on legislative items not adopted by the City Council, may be transmitted if the correspondence identifies that it is a position as an individual citizen as opposed to an official position of the City of Colton. All adopted legislative positions are either included in this policy document or in the official City Council Minutes for special legislative efforts.

3. By adoption of this legislative policy, each Member of the City Council agrees and affirms that hereafter the City Council prohibits any of its members from lobbying, advocating, or taking a position contrary to the Council's adopted position on any legislative item. Council Members may, as allowed for in law, take positions as an individual citizen; however, said communication is discouraged and considered antithetical to the success of the City and this legislative program specifically. Any individual communication must be on personal stationery that is free of any City of Colton identifying information, including logos, official position titles, addresses, phone numbers, etc.

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CITY COUNCIL LEGISLATIVE POSITIONS
Pursuant to City Council adoption of the following positions, the City Council and staff, in conjunction with our Legislative Advocates, will actively pursue these directives. ❖ Pursue funding for projects that improve the quality of life in Colton. ❖ Support legislation that provides funding for Disadvantaged Status Communities (DACs).
➢ TRANSPARENCY
✓ Support legislation that would reform or increase transparency and accountability into the legislative appropriations process. ➢ LOCAL CONTROL
✓ Support local control over the administration of local programs and oppose all legislation that lessens local control.
 Oppose all legislation that seeks to reduce or eliminate the ability of local agencies to choose alternative forms of providing service to its community.  Oppose legislative efforts to impose binding arbitration that would remove local government authority on matters of local interest. Specifically, support all legislative and legal efforts to overturn any legislation that implements binding arbitration or a similar non-judicial dispute resolution system on local government.
➢ UNFUNDED MANDATES
 Oppose unfunded mandates to the City for any new or continuing program/service.
✓ Ensure that State or County responsibility for mandated programs is not passed on to the City in the form of undue burdens/financial mandates.  Oppose any measure that mandates procedures, such as maintenance-ofeffort, that would make local government more dependent on the State for financial stability and policy direction.
✓ Support full cost reimbursement to the City for all federal, state and countymandated programs. ✓ Support legislation to streamline the process for state reimbursement of stateimposed mandates.

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➢ FINANCE/REVENUE
✓ Support efforts to protect the distribution of sales tax and property tax to the City.
✓ Support efforts to simplify the collection of sales taxes nationwide and provide an equitable method for collecting and allocating sales tax for internet and catalog sales.
✓ Support a statutory or constitutional redistribution of property tax revenues which more equitably reflect local government responsibilities. ✓ Support legislation that revises the State’s distribution of sales tax to a per capita formula.
✓ Support Federal legislation which would require states to distribute Federal pass-through funds in an equitable manner to local subdivisions of the State.  Oppose any legislation that mandates a Social Security tax for public employers and employees.
✓ Support legislation/initiatives that provide local government with protected and predictable revenue sources.
✓ Support enhancement of and Oppose cuts to Community Development Block Grant (CDBG), HOME program, Section 8 Housing funds, and other Federal funding. Advocate for a more streamlined application process and for greater flexibility of local appropriation and use of monies.  Oppose legislation which would restrict or eliminate the availability of traditional government financing instruments or practices.  Oppose any measure that restricts or limits a public entity’s ability to use taxexempt debt or tax increment financing for the purchase or construction of public purpose improvements.
 Oppose all legislation and administration actions that authorize the State to borrow/take/eliminate/reduce/shift any source of local government funding in order to finance State budgetary deficits, operations, or responsibilities. ✓ Support a comprehensive state performance review and audit system and long-range financial planning and performance budgeting to enhance accountability, efficiency and responsiveness at all levels of government.  Oppose legislation that would overly complicate, prolong, or make existing laws pertaining to procurement of goods and services more onerous for local cities.

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➢ DEVELOPMENT/HOUSING
❖ Ensure local City input on all regional land use and planning issues. Coordinate with County Land Use Services and Economic Development on joint development projects that will be of benefit to both the City and County. ✓ Support streamlined environmental processing for federal regulatory permits issued by the US Army Corp of Engineers, US Fish & Wildlife Service, Federal Highway Administration and various other federal agencies for the purpose of expediting private and public development initiatives. ✓ Support CEQA reform that will streamline the environmental review process and facilitate development in urban areas, consistent with a jurisdiction’s General Plan.
✓ Support reforms to LAFCO law that will streamline the annexation process for unincorporated islands and increase the maximum size for uncontested annexations from 100 acres to 300 acres.
✓ Support joint efforts to develop mutual development standards for unincorporated areas that are binding upon the County and the City. ✓ Support regional economic development policies that provide for planned economic growth in the City and neighboring communities. ✓ Support the City’s participation in the development of the San Bernardino Countywide Plan.
✓ Support State grant programs to fund General Plan updates pursuant to State law.
✓ Support legislation that provides incentives or grant opportunities for community improvements.
✓ Support legislation that would lift the minimum requirement of payment of prevailing wages on municipal Public Works projects to amounts greater than $100,000.
✓ Support legislation that preserves municipal authority over the public rightof-way, including fair and reasonable compensation for use of the right-ofway, as well as local franchising.  Oppose efforts by any regulatory commission from promulgating rules and regulations that infringe on local land use decisions and management of the public right-of-way.
✓ Support reasonable legislation that balances the need for a new workable and effective redevelopment law while ensuring the ethical and judicious use of eminent domain by governmental agencies.
 Oppose any legislation that outright bans the use of eminent domain by governmental agencies.

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✓ Support elimination of the statewide Regional Housing Needs Allocation (RHNA) process which places mandates on local governments to accommodate increased housing numbers and densities in their general plans and zoning ordinances.
✓ Support reform of the statewide RHNA process to focus on a “bottom up” process that respects local land use/ infrastructure capacities.  Oppose affordable housing production mandates without necessary funding to support said housing mandates, including density increases in established neighborhoods.
✓ Support legislation to include consideration of the economic impacts of proposed species listings, as well as support the delisting of species no longer threatened or endangered.
✓ Support legislation that requires mortgage lenders to establish a uniform tracking method of mortgage instruments to assist local governments in identifying current property owners in order to proactively prevent blight caused by the increase in foreclosures.
➢ TRANSPORTATION/INFRASTRUCTURE
✓ Support efforts to establish a Metrolink stop/station in the City. ✓ Support efforts to increase the amount of transportation funds allocated to local jurisdictions for discretionary projects.
❖ Pursue funding that specifically benefits the City of Colton’s transportation and public works projects. Specifically, support the passage of local transportation-related legislative efforts, as well as support efforts to ensure funding in order to provide a permanent, direct percentage of unrestricted federal transportation funds to local government transportation departments for priority work.
✓ Support continued efforts for the Superfund clean-up of perchlorate contamination in groundwater sources.
✓ Support direct federal funding from the Economic Development Administration for local economic development and public works projects, including drainage improvements, such as Drainage Facility 3-5.
✓ Support programs & funding for infrastructure improvements, including roads, stormwater, water, wastewater, and dams.
✓ Support legislation or policy that provides funding to local governments for new/improved railroad grade crossings, including funding for the construction of grade separations to replace at-grade crossings, and upgrade existing grade separations. Advocate for new processes to expedite the review and approval of such projects.
✓ Support a statewide action plan for addressing water-related issues including availability, quality, import, export and reclamation.

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✓ Support financial incentives for water reuse and legislation that encourages the treatment of municipal wastewater for non-potable reuse and promote the development of reasonable regulations to encourage and maximize the responsible use of reclaimed water as an alternative to California’s freshwater supply.
❖ Pursue funding for expansion of electric vehicle infrastructure for Medium and Heavy Duty Vehicles.
✓ Support renewal of funding for rebates and incentives for municipalities to purchase electric/alternative energy vehicles.
➢ PUBLIC SAFETY
✓ Support statewide efforts to coordinate disaster preparedness programs in local jurisdictions and support guidelines to identify the strengths and weaknesses of local preparedness efforts.
✓ Support adequate financing of jails and criminal justice facilities. Address the need to devote equal time and energy to develop effective alternatives to incarceration, including early intervention of at-risk youth and counseling and rehabilitation programs.
 Oppose legislation that weakens the ability of law enforcement agencies to provide for the safety and security of their communities.  Oppose legislation that seeks to reduce felony-level offenses to misdemeanors.
 Oppose legislation that seeks to decriminalize illegal drug use or possession. ✓ Support direct funding to cities, without matching requirements, to use in drug prevention, intervention and enforcement efforts.
✓ Support legislation that protects business owner property from theft by increasing criminal penalties. Oppose efforts to reduce such penalties. ✓ Support legislation in which the State continues to fund the booking fees for prisoners. Oppose legislation that would require local agencies to pay “jail access fees.”
✓ Support legislation that promotes increased enforcement and prosecution of criminals associated with recycling thefts, including enhanced identification standards of customers by recycling centers.
✓ Support legislation that provides funding for and expands the DNA database utilized for the prosecution of criminals by local law enforcement agencies. ✓ Support continued funding for the U.S. Department of Justice Community Oriented Policing Services (COPS) program.
✓ Support legislation that establishes Peace Officer and Firefighter peer support and crisis referral services.

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✓ Support continued funding for the California Specialized Training Institute (CSTI) to remain the premier training venue in the State of California for the training of firefighters, police officers, and emergency management personnel.
✓ Support legislation that would prohibit a mobile internet provider from impairing or degrading traffic for public safety clients during a state of emergency.
✓ Support efforts to ensure protection of sufficient radio spectrum to meet public safety’s current and future needs. Public safety needs should have priority over private or for-profit communication systems.
✓ Support legislation that directs Homeland Security funds to local police and fire departments and provides for streamlined access to federal funds without State or County involvement.
✓ Support continued funding for California State Mutual Aid Pre-Incident Prepositioning for Fire resources. Prepositioning is a resource augmentation for anticipated significant fire or other disaster events and has been used throughout the State. The prepositioning by OES allows reimbursement of local governments for the cost of pre-positioning firefighters and equipment in advance of identifiable risks under the California Mutual Aid System. ✓ Support legislation to continue full portal-to-portal cost recovery plus administrative fees through the California Fire Assistance Agreement for responses to assist the California Office of Emergency Services, the US Forest Service, Cal Fire, Bureau of Land Management, and other forest agencies. ✓ Support continued funding for local community colleges in support of fire academies, and training for Emergency Medical Technicians & Paramedics. ✓ Support continued funding for Office of Emergency Services Fleet Section to augment local government response in support of the State Master Mutual Aid Program through the assigning of fire engines with local government. ❖ Seek continued support by CAL Fire to local government in the form of aircraft, hand crews, dozers, and fire engines when needed in wildland urban interface zones, during floods, and other disasters.
❖ Seek legislative assistance to local fire departments to implement cost recovery from Medi-Cal to cover the certified public expenditure of prehospital paramedic stabilization before transportation. ✓ Support continued funding for the U.S. Department of Homeland Security’s Staffing for Adequate Fire and Emergency Response (SAFER) Grant and the Assistance to Fire Fighters Grant.
✓ Support continued funding for the U.S. Fire Administration, the National Fire Academy, and the Emergency Management Institute.

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➢ COMMUNITY SERVICES/FACILITIES
✓ Support efforts to bring regional facilities and family-oriented programs to the community, with particular efforts focused on planning and development of the Conservation Park with Eco-Friendly Soccer Fields. ✓ Support efforts to work with neighboring local governments to establish joint programs/services in order to provide an efficient and effective service level. ❖ Pursue funding for remediation of the former Guyeaux landfill to provide a safe environment for development of future park facilities. ✓ Support legislation that promotes:
• expansion of public libraries, including funding for such expansion • literacy and local programs for community libraries
• expansion of public parks in jurisdictions that are underserved, including funding for such expansion
• funding for afterschool programming for youth from elementary school through high school
• funding for human services programs which seek to provide aid to local families in need of assistance, including feeding programs for youth inneed • support efforts to increase health and wellness awareness within communities
• establish or increase funding for early childhood education programs.  Oppose legislation that seeks to reduce or eliminate funding programs listed above.
➢ PUBLIC UTILITIES
 Oppose attempts to increase the scope of FERC/NERC/WECC compliance standards on utilities that are interconnected to the grid at voltages below 100 KV.
 Oppose programs that mandate publicly owned utilities to contribute to a State wildfire fund as opposed to voluntarily choosing to participate in any statewide program.
 Oppose programs that mandate publicly owned utilities to contribute to the current Clean Fuel Reward (CFR) 2% contribution of LCFS funds, until the LCFS market recovers.
 Oppose legislation that attempts to regionalize the CAISO and reduces state legislator’s control over the composition of the CAISO Board of Directors.  Oppose legislation intended to make utilities acquire specific generation or fuel-types that may not meet the needs of the individual utility.

15.a
Packet Pg. 673 Attachment: 2025 Legislative Policy (4644 : Legislative Policy 2025) Colton 2025 Legislative Program Page 11 of 12
 Oppose legislation that proposes additional reporting for small POU’s, and that covers data already being reported.
 Oppose or amend legislation that mandates unclear and additional requirements jeopardizing utility reliability, costs to serve, or safety to customers and employees.
✓ Support legislation that allows carbon-reducing credit to be given to the utility for the customer side of the meter programs where they are not already counted.
✓ Support measures that improve processes to comply with state mandates. ➢ ENVIRONMENT/CONSERVATION
✓ Support requiring local government participation on the governing bodies of air quality management districts in California.
 Oppose taxes or fees on local refuse programs to fund statewide programs. ✓ Support continuing cooperation between the State and local jurisdictions on mandatory organic recycling in order to meet current legislation. ✓ Support continuing cooperation between the state and local jurisdictions on source reduction and recycling in order to meet current solid waste reduction goals.
✓ Support legislation that advances the mission of clean air goals and objectives, including legislative efforts that provide funding for air quality programs, and the reduction of greenhouse gases.
✓ Support efforts to promote clean air programs in cooperation with the South Coast Air Quality Management District (SCAQMD).
✓ Support legislation that promotes greenhouse gas emission reduction with mechanisms in place to ensure that overall energy costs do not rise too high or too quickly for customers.
✓ Continue support for the State “Cap and Trade” Program. ✓ Continue support for the State's Low Carbon Fuel Standard (LCFS) Program. ➢ LEGAL/INSURANCE
✓ Limit tort liability and provide enhanced and expanded tort immunities for public entities including, but not limited to, claims arising from the unauthorized use of public property.
✓ Support comprehensive tort reform, including limiting the joint and several liability of governmental agencies to a liability equal to the percentage of their wrongdoing.
 Oppose legislation that limits power of local government to negotiate indemnification protection in public contracts.

15.a
Packet Pg. 674 Attachment: 2025 Legislative Policy (4644 : Legislative Policy 2025) Colton 2025 Legislative Program Page 12 of 12
 Oppose legislation that seeks to lessen the City’s ability to enforce contractual language agreed to and contained within existing franchise documents. ✓ Support legislation that would reform the State’s Worker’s Compensation System in order to draw a balance between reasonable claimant benefits versus the increasing costs/corruption that has plagued the System to date.  Oppose legislation that increases insurance premium costs to employers.  Oppose legislation that adds administrative burdens or taxes to self-insurance programs.
➢ ELECTIONS
✓ Support legislation that controls the costs of elections as long as the elections process is not adversely affected (e.g., purge voter rolls, limit costs for candidate statements, and prevent abuse of the absentee ballot process). ✓ Support legislation that continues the state reimbursement of absentee ballot costs.
✓ Support legislation that would increase voter turnout in local elections (e.g., mail ballots, touch screen capabilities, more information to voters for judicial elections).
➢ MISCELLANEOUS/GENERAL
✓ Support efforts to address homelessness and the impact of transients. ✓ Support efforts for regional communication and information sharing. ✓ Support efforts to promote and finance programs to educate citizens concerning responsible pet ownership and adoption.
✓ Support funding for costs related to managing the emerging impacts of COVID-19 to the City’s workforce, businesses and residents.

15.a
Packet Pg. 675 Attachment: 2025 Legislative Policy (4644 : Legislative Policy 2025) ITEM NO. 16

STAFF REPORT
DATE: SEPTEMBER 17, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE NOTICE OF COMPLETION FOR THE CITYWIDE ROOF REPAIR PROJECT WITH CORONA COATINGS INC.

RECOMMENDED ACTION
Staff recommends that the City Council take the following action:

Approve the execution and recordation of the Notice of Completion for the FY22-23 Citywide Roof Repair Project completed by Corona Coatings Corporation.

BACKGROUND
The FY22-23 Citywide Roof Repair Project focused on improving multiple City buildings including City Annex/HR, City Hall, Fire Station #211, and Fire Station #214, which were experiencing leaks and needed repair. Additional funds were appropriated to this project to include roof repairs to the Library and Thompson Teen Center.

ISSUES/ANALYSIS
On April 18, 2023, the City Council awarded a construction contract to Corona Coatings Corporation for the Citywide Roof Repair Project in the amount of $94,179.00.

On February 20, 2024, the City Council approved change order no. 1 for Corona Coatings Corporation for the FY 22-23 Citywide Roof Repair Project in the amount of $8,884.00.

FISCAL IMPACTS
There is no additional fiscal impact to file the Notice of Completion. The total project approved costs, including Change Order No. 1, is $103,063.
16 Packet Pg. 676
Staff Report to the Mayor and City Council
NOC - Citywide Roof Repair Project
September 17, 2024

ALTERNATIVES
Provide alternative direction to staff.

ATTACHMENT

1. Staff Report - NOC - Corona Coatings Corp

2. Exhibit A- Notice of Completion
16 Packet Pg. 677
ITEM NO. _

STAFF REPORT
DATE: SEPTEMBER 17, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: Approve the Execution and Recordation of the Notice of Completion for the FY22-23 Citywide Roof Repair Project.

RECOMMENDED ACTION
Staff recommends that the City Council approve the execution and recordation of the Notice of Completion for the FY22-23 Citywide Roof Repair Project completed by Corona Coatings Corporation.

BACKGROUND
The FY22-23 Citywide Roof Repair Project focused on improving multiple city buildings including City Annex/HR, City Hall, Fire Station #211, and Fire Station #214, which were experiencing leaks and needed repair. Additional funds were appropriated to this project to include roof repairs to the Library and Thompson Teen Center.

ISSUES/ANALYSIS
On April 18, 2023, the City Council awarded a construction contract to Corona Coatings Corporation for the Citywide Roof Repair Project in the amount of $94,179.00.

On February 20, 2024, the City Council approved change order no. 1 for Corona Coatings Corporation for the FY 22-23 Citywide Roof Repair Project in the amount of $8,884.00.

FISCAL IMPACTS
The total project approved costs, including change order no. 1, is $103,063.00.

16.a
Packet Pg. 678 Attachment: Staff Report - NOC - Corona Coatings Corp (4641 : NOC - Citywide Roof Repair Project) Staff Report to the Mayor and City Council
Notice of Completion – FY 22-23 Citywide Roof Repair Project September 17, 2024

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A- Notice of Completion

16.a
Packet Pg. 679 Attachment: Staff Report - NOC - Corona Coatings Corp (4641 : NOC - Citywide Roof Repair Project)

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL TO
Name: City of Colton
Street 650 N. La Cadena Drive
Address
City & Colton, California
State California
Zip 92324
SPACE ABOVE THIS LINE FOR RECORDER’S USE
Notice of Completion
NOTICE IS HEREBY GIVEN THAT:

1. The City of Colton is the owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the undersigned is Victor Ortiz, P.E

3. The full address of the undersigned is 650 N. La Cadena Drive, Colton, CA 92324

4. The nature of the title of the undersigned is City of Colton is the owner in fee, of a certain public improvement (E.G. owner in fee OR vender under contract of purchase OR lessee OR OTHER APPROPRIATE DESIGNATION).

5. The full names and full addresses of all persons, if any, who holds title with the undersigned as joint tenants or as tenants in common are:

Names Addresses

N/A N/A

6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to are (OR IF NO TRANSFER WAS MADE, INSERT THE WORD “none”):

Names Addresses

N/A N/A

7. A work of improvements on the property hereinafter described was completed on July 31, 2024

8. The name of the original contractor, if any, for the work of improvement was CORONA COATINGS CORPORATION.

The kind of work done or material furnished was ROOF REPAIRS AT MULTIPLE CITY BUILDINGS INCLUDING THE CITY ANNEX/HR, CITY HALL, FIRE STATION #211, FIRE STATION #214, LIBRARY, AND THE THOMPSON TEEN CENTER.

9. The property on which the work of improvement was completed is in the CITY OF COLTON, County of SAN BERNARDINO, State of California, and is described as follows: FY22-23 CITYWIDE ROOF REPAIR PROJECT.

The street address of the said property is various (APN is not applicable)

Dated: ______________________________________(Signature) Victor Ortiz, P.E., City Engineer

VERIFICATION
I, the undersigned say:

I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.

I declare under penalty of perjury that the foregoing is true and correct.

Executed at _______Colton_________, California, this _____________ day of ___________, 2024_. ____________________________________
(SIGNATURE)

16.b
Packet Pg. 680 Attachment: Exhibit A- Notice of Completion (4641 : NOC - Citywide Roof Repair Project) ITEM NO. 17

STAFF REPORT
DATE: SEPTEMBER 17, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHARLES BERRY, ELECTRIC UTILITY DIRECTOR
SUBJECT: AFFIRM 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), authorizing emergency contracting for repairs and waive the formal competitive bidding process.

BACKGROUND
On June 18, 2024, the Colton City Council, by vote of 5 to 0 ratified the existence of an emergency regarding the inoperability of Agua Mansa Power Plant (AMPP) and authorized emergency repairs pursuant to the authority granted in Section 3.08.130 (A) of the Colton Municipal Code and California Public Contract Code, Section 22050.

These code sections require the City Council to affirm the existence of the emergency by 4/5 vote at every Council meeting, until the repairs are completed.

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 17 Packet Pg. 681
Staff Report to the Mayor and City Council
Ongoing Emergency - AMPP
September 17, 2024

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 Municipal Code

3.08.130 (A), dispatching with the Formal Bidding requirements and has executed agreements 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.

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 Municipal Code

3.08.130 (A), which with Council concurrence allows for dispatching with the formal bidding requirements and therein allowing the City to enter into agreement with ProEnergy Services for overhaul of the City’s engine and the lease of a temporary engine to power AMPP. The leased engine is on a weekly basis at a rate of $110,000. It is estimated the City will need the leased engine for approximately 13 weeks for a total of $1,430,000. The overhaul and repairs to the City’s engine have an estimated not to exceed cost of $2,900,000 which includes a 10 percent contingency to accommodate for additional work that may be required but is not yet known at this time. In total, the cost for the leased engine and repairs to the City’s engine are anticipated to be $4,330,000.

The City’s engine was removed from AMPP on June 19, and transported to the repair depot in Houston, Texas. The engine remains in the repair depot and is currently being overhauled.

Concurrently, the leased engine was installed with the commissioning and test fire having occurred the week of July 8. With the successful completion of the install, commissioning and test fire, AMPP is temporarily placed back into market and available for dispatch.

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.
17 Packet Pg. 682
ITEM NO. 18

STAFF REPORT
DATE: SEPTEMBER 17, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHARLES BERRY, ELECTRIC UTILITY DIRECTOR
SUBJECT: APPROVE PURCHASE OF ELECTRIC METERS FROM MCAVOY &

MARKHAM ENGINEERING & SALES COMPANY, IN AN AMOUNT
NOT-TO-EXCEED $500,000.

RECOMMENDED ACTION
Staff recommends that the City Council take the following action:

It is recommended that the Colton City Council approve the annual purchase of Itron electric meters from McAvoy & Markham Engineering & Sales Company, Inc. in an amount not-toexceed $500,000, in accordance with Colton Municipal Code 3.08.140(B)(E).

BACKGROUND
The Colton Electric Utility (CEU) has progressed from using encoder receiver transmitter (ERT) meters and automated meter reading (AMR) for collecting consumption data from its utility customers, to the CENTRON Bridge Meter. The CENTRON Bridge Meter is the bridge between Itron communication architectures that enables advanced metering infrastructure (AMI) and smart grid functionality. This meter was first deployed in 2000 and is the current standard for CEU. The meter’s adaptability allows it to be incorporated alongside existing Itron electric meters with a mobile collection or fixed network systems, delivering advanced metering benefits associated with interval data, remote service switch and demand reset. These revenue quality meters give CEU a standardized solution for multiple metering applications, including netenergy metering and two - way communication allowing remote connecting and disconnecting functions. The CENTRON Bridge Meter is consistent with the City Council action on June 1, 1999 for the standardization of the Itron metering system.

CEU’s ultimate goal is to replace all AMR and non-AMR/AMI meters with AMI technology.

CEU currently has approximately 12,750 AMI meters installed for service to its customers. 18 Packet Pg. 683
Staff Report to the Mayor and City Council
Purchase - McAvoy & Markham Engineering & Sales Company September 17, 2024

There are approximately 6,500 AMR meters and 650 non-AMR-AMI meters installed at customer locations. CED intends to purchase and replace approximately 2,500 AMI meters this fiscal year.

ISSUES/ANALYSIS
McAvoy & Markham Engineering and Sales Company, Inc. is the only distributor authorized to sell Itron electric meters to utilities in Southern California. The pricing will be firm for the entire fiscal year as follows:

FM 2S, Centron bridge meter, CL200 with disconnect switch, Cat. #C95-0527 $176.99 each FM1S, Centron bridge meter, CL200 with disconnect switch, Cat. #C95-0528 $176.99 each FM12S Centron bridge meter, CL200 with disconnect switch, Cat. #C95-0530 $207.78 each FM2S Centron bridge meter, CL 320, Cat. #C95-0531 $176.99 each FM 2S, Centron, bridge meters 120-480V, CL200, Cat. #C95-0536 $412.21 each FM 45S, Centron poly bridge meters for TOU applications, Cat. #C95-0539 $412.21 each FM 9S, Centron poly bridge meters, for TOU applications Cat. #C95-0537 $412.21 each FM 16S, Centron Poly ERT meters CL200, Cat. #C95-0538 $412.21 each Colton Municipal Code, Title 3, Chapter 3.08.140, Section (b) allows for the competitive bidding requirement to be waived for non-public projects when there is no competitive market.

Specifically, Section (b) allows that the competitive bidding process may be waived, “[w]hen the City Council determines, in accordance with applicable law, that a competitive market does not exist and that no competitive advantage will be gained by the public bidding process.” In addition, Colton Municipal Code 3.08.140 Section (e) also states the bidding requirements may be waived, “[w]hen the City Manager determines that it is in the best interest of the City and its administrative operations to dispense with public bidding for non-public projects under this chapter. Prior City Council concurrence with the City Manager’s determination shall be required for non-public project purchases over $100,000.”
Since McAvoy and Markham Engineering & Sales Company is the only authorized distributor of the Itron electric meters for utilities in Southern California, a competitive market does not exist.

If CED were to change to a different meter type, it would also have to change the meter reading software and equipment at significant cost to the Electric department. CED suggests that it is in the City’s best interest to continue with the standardization of equipment and uniformity efforts and requests to continue purchasing Itron meters, as previously approved by City Council on November 21, 2023 (Business Item # 9). McAvoy & Markham Engineering and Sales Co., Inc. is the only vendor authorized to sell Itron meters to the Southern California region, and there is no competitive market or advantages to be gained by public bidding.

FISCAL IMPACTS
18 Packet Pg. 684
Staff Report to the Mayor and City Council
Purchase - McAvoy & Markham Engineering & Sales Company September 17, 2024

Sufficient appropriations are available for the purchase of electric meters in the adopted FY24/25 budget in Electric Utility Fund Meters Capital Improvement Account Number 520-8000-8024- 3890-0107-000.

ALTERNATIVES
Provide alternative direction to staff.

ATTACHMENT

1. FY2024_2025_electric_meters

2. OpenWay Centron Meter
18 Packet Pg. 685
Itron Electric Meter Summary - Colton Public Utilities - FY2024/2025 Prices valid through 6/30/2025
McAvoy & Markham Engineering
16 Technology Dr #113
Irvine, CA 92618
07/16/2024
Catalog Number Description Form Unit Cost
C95-0527 Centron Bridge Meter, CL200 with disconnect switch 2S $176.99 C95-0528 Centron Bridge Meter, CL200 with disconnect switch 1S $176.99 C95-0530 Centron Bridge Meter, CL200 with disconnect switch 12S $207.78 C95-0531 Centron Bridge Meter, CL320 2S $176.99
C95-0539 Centron CP3 Bridge Meter for TOU applications 45S $412.21 C95-0538 Centron CP3 Bridge Meter, CL200 16S $412.21
C95-0537 Centron CP3 Bridge Meter for TOU applications 9S $412.21 C95-0536 Centron CP3 Bridge Meter, 120-480V, CL200 2S $412.21 C95-0540 Centron CP3 Bridge meter, CL20 4S $412.21

18.a
Packet Pg. 686 Attachment: FY2024_2025_electric_meters (4643 : Purchase - McAvoy & Markham Engineering & Sales OpenWay®
CENTRON® Meter
The OpenWay system delivers a truly smart meter for the residential mass market.

Itron engineers have built upon our proven CENTRON solid-state platform to deliver an advanced meter that provides a cornerstone technology for the smart grid.

Featuring open-standards architecture, modular design for flexibility in communications, and extensive features and functionality, the OpenWay CENTRON supports the most demanding smart grid
business requirements today and well into the future.

A key component of any advanced metering or smart grid
initiative, the OpenWay CENTRON meter is a truly smart device used to collect, process and transmit vital energy information to utility systems. Rather than simply inserting a network communication card into a standard meter, Itron developed an advanced meter where calculations and usage data are calculated within the meter itself, allowing utilities to leverage time-based rates, demand response, home networking and many other
smart grid applications.

The OpenWay CENTRON system provides enhanced security
and a reliable approach to data collection and communications between the meter and the network. Storage and transport of register data are provided through ANSI C12.19 and C12.22 open standards technology. In addition, each OpenWay
CENTRON meter comes factory-equipped with a ZigBee®
radio to provide a built-in communications pathway into the home for data presentation, load control and demand response.

ZigBee also provides a communication channel with 2.4GZ OpenWay Gas Modules.

The OpenWay CENTRON also provides robust data storage
capability to support time-of-use pricing, load profile data and other data-intensive applications, as well as the most advanced feature set available to support smart grid requirements. These features include full two-way communication, a load-limiting remote disconnect and reconnect switch, positive outage detection and restoration notification, voltage monitoring, automatic tamper and theft detection, as well as the ability to reprogram the meter remotely and upload new firmware via the network.

The OpenWay CENTRON meter is the smart meter for the
smart grid.

SPECIFICATIONS

18.b
Packet Pg. 687 Attachment: OpenWay Centron Meter (4643 : Purchase - McAvoy & Markham Engineering & Sales Company)

FEATURES
Time-of-Use and Critical Peak Pricing
» The OpenWay CENTRON supports four TOU rates as
well as CPP
» TOU registers may be displayed on the meter’s display Load Profi le
» Four channels of confi gurable load profi le data are available in the following default parameters: (1) single channel 30-minute data 753 days; (2) two channels 30-minute data 501 days
» Modifi ed parameters are available via confi guration download » The OpenWay CENTRON module provides over one year of
15-minute load profi le data storage
OpenWay RFLAN Module
» Two-way, unlicensed RF module
» Adaptive-tree RFLAN architecture provides easy installation and self-healing capabilities
Home Area Network (HAN)
» Every OpenWay CENTRON meter includes a ZigBee radio
for interfacing with the HAN, in-home displays and load control devices
» The OpenWay CENTRON can store consumption from 2.4GZ
OpenWay gas modules utilizing the ZigBee radio
Bi-Directional Metering
» The OpenWay CENTRON measures and displays active energy (kWh) delivered, received, uni-directional and/or net or apparent energy (kVAh) delivered and/or received
Disconnect/Reconnect with Load Limiting
» The OpenWay CENTRON forms 1S, 2S, 12S network, and 25S is available with a 200 amp remote disconnect/reconnect switch as an optional feature. The switch can be operated on demand, or automatically as part of a service-limiting confi guration Tamper Detection
» Tamper indications can be communicated regularly through the OpenWay system
» Tampers include: inversion, removal and reverse power fl ow » SiteScan Diagnostics (advanced polyphase register only) Non-Volatile Memory
» All programming, register, TOU and load profi le data are stored in the EEPROM during a power outage. A battery maintains just the clock circuitry during a power outage
Voltage Monitoring
» Instantaneous voltage
» Voltage monitoring system
Standard Features
» Electronic LCD display
» Polycarbonate cover
» Optical tower
» Test LED
Register Capabilities
» 4 energies, 1 demand:
• Wh (delivered, received, net, uni-directional)
• VAh (delivered arithmetic, received arithmetic, Lag)
• W (max delivered, max received, max net, max uni-directional) » Confi gurable event log
» All programming, register, TOU and load profi le data are stored in the EEPROM during a power outage. Battery maintains the clock circuitry during a power outage
Option Availability
» Identifi cation/accounting aids
» Remote disconnect/reconnect
» Multiple WAN options including GPRS and CDMA
» Option slot for additional communications options
Technical Data
Meets applicable standards:
» ANSI C12.1 - 2008 (American National Standard for Electric Meters - Code for Electricity Metering)
» ANSI C12.18 - 1996 (American National Standard - Protocol Specifi cation for ANSI Type 2 Optical Port)
» ANSI C12.19 - 2008 (American National Standard - Utility Industry End Device Data Tables)
» ANSI C12.20 - 2002 for Hardware 2.0 and 3.0
(American National Standard for Electricity Meters - 0.2 and 0.5 Accuracy Classes)
» ANSI C12.20 - 2010 for Hardware 3.1 (American National Standard for Electricity Meters - 0.2 and 0.5 Accuracy Classes) » ANSI C12.22 - 2008 (consult Section 9 of the standard) » ANSI/IEEE C62.41.1-2002 (Characterization of surges on LowVoltage AC Power Circuits) » ANSI/IEEE C62.41.2-2002 (Characterization of surges on LowVoltage AC Power Circuits) » IEC 61000-4-2
» IEC 61000-4-4
» UL2735 for Hardware 3.1
Reference Information
» OpenWay CENTRON Technical Reference Guide
» Hardware Specifi cation Form

18.b
Packet Pg. 688 Attachment: OpenWay Centron Meter (4643 : Purchase - McAvoy & Markham Engineering & Sales Company)

SPECIFICATIONS
Specifi cations
Power Requirements
Voltage Rating: 120 V, 240 V
Operating Voltage: ± 20% (60Hz)
Battery Voltage: 3.6 V nominal
Frequency: 60Hz
Operating Range: ± 3 Hz
Battery Operating Range: 3.6 V nominal; 3.4 V - 3.8 V
Operating Environment Temperature: -40° to +85°C Humidity: 0% to 95% non-condensing Transient / Surge Suppression IEC 61000-4-4-2004-0ANSI C62.45-2002 Accuracy ANSI C12.20 0.5 accuracy class
General Demand interval lengths:

Demand calculation: Peak
Programmable: 5, 6, 10, 12, 15, 20, 30 and 60 min.

Energy calculation: Basic: Wh and VAh
Time
Line sync: Power line frequency
Battery: +0.005%@25°C; +0.005% to -0.02% over full
temperature range
Crystal sync: +0.01% @ 25°C; +0.025% over full
temperature range
Display
Nine-digit liquid crystal display
Six-digit data height: 0.4"
Annunciator height: 0.088"
Display duration: 1-15 seconds
Three-digit code number height: 0.24"
3-segment electronic load indicator
Characteristic Data Starting Current: 20 mA (Class 200), 5 mA (Class 20) Register Burden 0.66W
Burden Data (C2S0D)
(United States)
Form Watt Loss VA Loss Test Voltage
1S 2.796 6.759 120
2S 3.773 12.357 240
3S 2.123 7.068 120
3S 2.350 14.255 240
4S 2.535 14.619 240
12S 2.861 6.751 120
Burden Data (C2S0D)
(Canada)
Form Watt Loss VA Loss Test Voltage
1S 2.686 6.999 120
2S 3.203 11.89 240
3S 2.123 7.068 120
3S 2.350 14.255 240
4S 2.535 14.619 240
12S 2.831 7.393 120
Service Switch (Optional) 200A; can be programmed as service (load) limiting Service Switch is available in Forms 1S, 2S, and 12S/25S Modules Standard OpenWay Register
Additional Base Functionality Cell Relay (available in Form 2S only) Product Availability
Volts / Service Meter Class Test Amps Kh (Pulse/Wh) Meter Form Register Descriptions 120 V 200 30 1.0 1S OpenWay RF with or without Disconnect 240 V 200 30 1.0 2S OpenWay RF with or without Disconnect 240 V 320 50 1.0 2S OpenWay RF
120 V 20 2.5 1.0 3S OpenWay RF
240 V 20 2.5 1.0 3S OpenWay RF
240 V 20 2.5 1.0 4S OpenWay RF
120 V 200 30 1.0 12S/25S OpenWay RF with or without Disconnect

18.b
Packet Pg. 689 Attachment: OpenWay Centron Meter (4643 : Purchase - McAvoy & Markham Engineering & Sales Company)

SPECIFICATIONS
Dimensions
C2S0/C2S0D - Forms 1S, 2S and 12S

A B C D E F G

6.95" 5.27" 4.37" 3.97" 3.47" 5.68" 6.30"

17.66 cm

13.39 cm

11.10 cm

10.08 cm

8.82 cm

14.43 cm
16 cm
C2S0/C2S0D - Forms 3S and 4S

A B C D E F G

6.95" 4.56" 3.66" 3.23" 2.73" 5.56" 6.42"

17.66 cm

11.59 cm

9.30 cm

8.21 cm

6.94 cm

14.13 cm

16.31 cm
Shipping Weights
Polycarbonate C2S0/C2S0D
Pounds Kilograms
4 Meter Cartons 11 lbs 5 kg
96 Meter Pallets 280 lbs 127 kg
C2S0/C2S0D Dimensions
While Itron strives to make the content of its marketing materials as timely and accurate as possible, Itron makes no claims, promises, or guarantees about the accuracy, completeness, or adequacy of, and expressly disclaims liability for errors and omissions in, such materials. No warranty of any kind, implied, expressed, or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, and fi tness for a particular purpose, is given with respect to the content of these marketing materials. ITRON is a registered trademark of Itron, Inc. © Copyright 2016 Itron. All rights reserved. 100808SP-10 2/16 Join us in creating a more resourceful world.

To learn more visit itron.com

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2111 North Molter Road
Liberty Lake, WA 99019 USA
Phone: 1.800.635.5461
Fax: 1.509.891.3355

18.b
Packet Pg. 690 Attachment: OpenWay Centron Meter (4643 : Purchase - McAvoy & Markham Engineering & Sales Company) ITEM NO. 19

STAFF REPORT
DATE: SEPTEMBER 17, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHARLES BERRY, ELECTRIC UTILITY DIRECTOR
SUBJECT: APPROVE PURCHASE OF UNIVERSAL TEST SET FOR RECLOSER

CONTROLS FROM OMICRON ELECTRONICS CORP, USA, IN THE
AMOUNT OF $55,482.10.

RECOMMENDED ACTION
Staff recommends that the City Council take the following action:

Approve the sole source purchase of one Universal Test Set for Recloser Controls (ARCO 400) Advanced Package, from Omicron Electronics Corp, USA, in the amount of $55,482.10, in accordance with Colton Municipal Code 3.08.140(B).

BACKGROUND
Colton Electric Department (CEU) has three solid dielectric reclosers equipped with SEL651 protection relays. These provide protection to the electrical distribution system by its’ ability to detect and isolate down-stream faults while maintaining upstream integrity.

A Universal Test Set for Recloser Controls (ARCO 400 Advanced Package) is a complete testing system for the recloser’s protection relay. It performs on-site protection, metering, and functional testing, ensuring safe and reliable operation of the electric system’s protection. Omicron Electronics Corporation’s ARCO 400 Advanced Package utilizes software to distribute tested values into CEU’s Asset Data & Maintenance Solutions for Protection Systems (ADMO) software, which CEU currently uses for all testing and asset data management.

ISSUES/ANALYSIS
19 Packet Pg. 691
Staff Report to the Mayor and City Council
Purchase - Omicron Electronics Corp, USA
September 17, 2024

CEU currently operates Omicron’s Asset Data & Maintenance Solutions for Protection Systems (ADMO) to manage device analytics and maintenance interval scheduling. Universal Test Set for Recloser Controls (ARCO 400) Advanced Package expands the effective use of ADMO and is a required addition to CED’s current testing equipment used for testing the electric system’s protection. Omicron sells direct to utilities and not through various distributors and is the sole source provider for this equipment. Staff received a quotation from Omicron for a Universal Test Set for Recloser Controls (ARCO 400) Advanced Package for a total cost of $55,482.10.

Colton Municipal Code Section 3.08.140(B) allows for the competitive bidding requirement to be waived for non-public projects when there is no competitive market. Specifically, Section (B) allows that the competitive bidding process may be waived, “[w]hen the City Council determines, in accordance with applicable law, that a competitive market does not exist and that no competitive advantage will be gained by the public bidding process.” Since Omicron is the manufacturer of the test equipment and they do not sell their equipment through distributors, there is no competitive market and there is no competitive advantage to be gained by a public bidding process. Further, staff have reviewed options for other test equipment and determined there are no suitable alternatives.

FISCAL IMPACTS
Sufficient appropriations for the purchase of an ARCO 400 Advanced Package test set are available in the adopted FY2024-25 Budget in Electric Utility Fund, Substation, Miscellaneous Capital Equipment Expense Account Number 520-8000-8003-4930-0101-000.

ALTERNATIVES
Provide alternative direction to staff.

ATTACHMENT

1. Omicron Quote ACRO 400 SQ22008277-3

2. ARCO-400-Brochure-ENU (1)
19 Packet Pg. 692
Quotation
Please make orders to:

Omicron
C/O Matzinger-Keegan, Inc
Send Purchase Order to:

[email protected]
Inside Support Technical Support
[email protected] Stephanie Montoya
Michele Newberry [email protected]
949-852-1006 626-344-5800

19.a
Packet Pg. 693 Attachment: Omicron Quote ACRO 400 SQ22008277-3 (4642 : Purchase - Omicron Electronics Corp, USA) City of Colton CA
150 S. 10th St.

Colton, CA 92324
United States
Date: 12 Aug 2024
Your reference:

Inquiry: ARCO 400
Contact: Xavier Rogers
E-mail: [email protected]
Customer: C83868
Enduser: C83868
Quotation SQ22008277-3
Area Sales Manager: Customer & Sales Support:

Sales partner:

Ryan Manning
Phone: +1 781 672 6228
E-mail: [email protected]
Sheila Lutz
Phone: +1 713 212 6112
E-mail: [email protected]
Stephanie Montoya
Matzinger-Keegan Inc.

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

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

OMICRON electronics Corp. USA
3550 Willowbend Blvd.

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

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

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

19.a
Packet Pg. 694 Attachment: Omicron Quote ACRO 400 SQ22008277-3 (4642 : Purchase - Omicron Electronics Corp, USA) Sales price Discount
(total)
No. Item number Qty.Unit Description Amount (USD)
(Configuration)
Summary
For detailed item descriptions, please review subsequent pages.

Quotation SQ22008277-3
We like to hear from you.

OMICRON electronics Corp. USA
3550 Willowbend Blvd.

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

T +1 713 212 6100
F +1 713 830 4660
[email protected]
ARCO 400 Advanced Package 51,018.00
P0000654
(150V-2m)
1 1 pc(s) ARCO 400 Advanced Package 37,870.00 37,870.00 2 E1636800 1 pc(s) Edimax EW-7611ULB WLAN N150 Pico USB 71.00 0.00 Adapter Bluetooth

71.00 3 P0006181 1 pc(s) RVO2 Voltage generator combination cable 198.00 198.00 for ARCO adapters
4 P0006420 1 pc(s) BOB2 Breakout Box for ARCO 400 5,970.00 5,970.00 5 B1445902 1 pc(s) Transport case for ARCO 400 (T2002-500) 1,375.00 1,375.00 6 P0006404 1 pc(s) RVT2 32-Pin Controller Adapter 2,540.00 2,540.00 7 P0006409 1 pc(s) RMI2 42-Pin Controller Adapter 2,540.00 2,540.00 8 P0006630 1 pc(s) Shipping & Handling 525.00 525.00
Sales price USD 51,089.00
Discount USD 71.00
Subtotal USD 51,018.00
Sales tax amount USD 4,464.10
Total USD 55,482.10

19.a
Packet Pg. 695 Attachment: Omicron Quote ACRO 400 SQ22008277-3 (4642 : Purchase - Omicron Electronics Corp, USA) Quotation SQ22008277-3
We like to hear from you.

OMICRON electronics Corp. USA
3550 Willowbend Blvd.

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

T +1 713 212 6100
F +1 713 830 4660
[email protected]
Conditions:

Expiry date:

Terms of payment:

Incoterms:

Shipped by:
11 Sep 2024
30 days net
DAP Colton, CA USA
Normally within four to eight weeks from the receipt date of the order except where otherwise indicated in the quotation line.

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

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

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

19.a
Packet Pg. 696 Attachment: Omicron Quote ACRO 400 SQ22008277-3 (4642 : Purchase - Omicron Electronics Corp, USA) No. Item number Description
(Configuration)
Quotation SQ22008277-3
We like to hear from you.

OMICRON electronics Corp. USA
3550 Willowbend Blvd.

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

T +1 713 212 6100
F +1 713 830 4660
[email protected]
Product details
ARCO 400 Advanced Package
P0000654
(150V-2m)
ARCO 400 Advanced Package
Consisting of
- ARCO 400 Universal Recloser Control Test Set with 3x 12.5A and 6x 8V - ARCO Control Software to manually test all functions of a recloser or sectionalizer control
- ReCoPlan test plan functionality to standardize testing procedures and safe time during testing
- RelaySimTest license for synchronized automation scheme testing - CMGPS 588 accessory to time-synchronize the ARCO 400
- 7m/23ft Extension Cable to connect the ARCO 400 to a Controller Adapter - Carry bag for Extension Cable and Controller Adapters Includes manuals, power lead, Ethernet patch cable, USB connection cable, Grounding cable
1 2 E1636800 Edimax EW-7611ULB WLAN N150 Pico USB Adapter Bluetooth P0006181 RVO2 Voltage generator combination cable for ARCO adapters to access ARCO voltage amplifiers
1st end: plug 8-pole
2nd end: 4 mm safety plugs
8 x 2.5 mm², 1.5 m (4.9 ft) length
3 P0006420 BOB2 Breakout Box for ARCO 400
to access the individual inputs and outputs of ARCO 400 via 4mm banana plugs
for testing recloser controls and other simple testing tasks. 4 B1445902 Transport case for ARCO 400 (T2002-500)
Heavy duty transport case with wheels and extendable handle for effective protection against dust, dripping water, and mechanical damage of the device and accessories, suitable for unattended shipping. The plastic shell is made of polyethylene (PE).
5 19.a
Packet Pg. 697 Attachment: Omicron Quote ACRO 400 SQ22008277-3 (4642 : Purchase - Omicron Electronics Corp, USA) No. Item number Description
(Configuration)
Quotation SQ22008277-3
We like to hear from you.

OMICRON electronics Corp. USA
3550 Willowbend Blvd.

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

T +1 713 212 6100
F +1 713 830 4660
[email protected]
P0006404 RVT2 32-Pin Controller Adapter
for testing of G&W Viper / T&B Elastimold 32 pin style recloser controls with ARCO 400
Suitable for recloser controls such as:

SEL 651R; 32 pin
and many more
6 P0006409 RMI2 42-Pin Controller Adapter
for testing of recloser controls with 42 pin SEL Multi-Recloser Interface with ARCO 400
Suitable for recloser controls such as:

SEL 651R; 42 pin
7 P0006630 Shipping & Handling
Shipping & Handling from Klaus, Austria to Colton, CA USA 8 19.a
Packet Pg. 698 Attachment: Omicron Quote ACRO 400 SQ22008277-3 (4642 : Purchase - Omicron Electronics Corp, USA)

19.a
Packet Pg. 699 Attachment: Omicron Quote ACRO 400 SQ22008277-3 (4642 : Purchase - Omicron Electronics Corp, USA) ARCO 400
Universal test set for recloser controls

19.b
Packet Pg. 700 Attachment: ARCO-400-Brochure-ENU (1) (4642 : Purchase - Omicron Electronics Corp, USA) 2 Smart and rugged testing solution
Coping with modern recloser functions
Technology has significantly improved overhead distribution networks by reducing customer-minutes of interruptions
through the use of modern reclosers.

While the latest control technology brings advanced
functionality, including distribution automation capabilities, testing all settings to ensure proper operation has become a challenge.

What if controller testing can be done in only a
few minutes?
ARCO 400, the lightweight and easy to use test set, is the universal solution for all types of recloser controls. Connecting the test set to the recloser control has never been easier: A single plug on the test set combined with intelligent recloser-specific ARCO 400 smart controller adapters allow a flawless connection within seconds. This saves time and avoids faulty wiring during the test setup.

Safe and touch-proof
combined test interface:
3 x 12.5 A
6 x 8 V (6 x 150 V optional)
6 binary inputs
9 binary outputs
LEDs indicating breaker
positions for each phase
Changeable dust filters
USB and Ethernet interfaces

19.b
Packet Pg. 701 Attachment: ARCO-400-Brochure-ENU (1) (4642 : Purchase - Omicron Electronics Corp, USA) 3 for all types of recloser controls
Simple plug-and-play functionality checks
ARCO 400 provides the fastest and easiest way to perform simple trip/close checks. Every smart controller adapter includes a chip through which ARCO 400 automatically
recognizes the specific adapter and, once connected, configures itself for the test procedure. This allows immediate basic trip and close functionality checks via the controller's push buttons – without the use of any software.

All recloser control functions covered
ARCO 400 is specifically designed to simulate the complete primary recloser component for the testing process. It
enables three-phase testing of all types of recloser controls in both laboratory and field environments.

High testing flexibility
The accurate 3-phase 12.5 A current amplifiers enable both testing at very low amplitudes and the testing of functions with high fault values.

Conventional potential transformers or capacitive and resistive voltage sensors are simulated by the 6-phase voltage amplifiers and are available in either an 8 V or 150 V range.

This allows testing of any voltage based function.

The test set is equipped with six binary inputs and nine binary outputs to measure trip and close commands and
simulate circuit breaker auxiliary contacts.

Software based control for more functionality
ARCO 400 is operated by the ARCO Control software which can be used for simple SCADA metering checks or for the testing of any protection function, including frequency based protection functions used for load-shedding.

With the ReCoPlan software, testing procedures are
standardized by creating fully automated test plans,
which also reduce testing time and enable comprehensive reporting.

The wireless connection between ARCO 400 and a controlling laptop or tablet allows remote flexible operation of the test set.

Push buttons to change recloser
OPEN/CLOSE status
OMICRON Smart Connect
Rugged enclosure for field use
10 kg/22 lbs
200 x 350 x 455 mm/7.9 x 13.8 x 17.9 in
Your benefits
> Plug-and-play solution for quick and
easy testing of any recloser control
> Rugged design and usable in harsh
weather conditions
> Compact and lightweight
> GPS synchronized automated
distribution scheme tests
> Easy-to-use software to wirelessly
control ARCO 400, no special training
required
www.omicronenergy.com/ARCO400

19.b
Packet Pg. 702 Attachment: ARCO-400-Brochure-ENU (1) (4642 : Purchase - Omicron Electronics Corp, USA) 4 Designed to fit specific requirements
Manual control and test templates
Specific recloser and sectionalizer test modules in the ARCO Control software allow the convenient testing of any controller function. To meet your company’s test requirements, ARCO 400 also enables manual testing of the controller. These tests are performed through either the given test modules or by executing a test plan predefined in ReCoPlan, which saves time and reduces complexity during site testing.

Distributed scheme testing
Several ARCO 400s can be time-synchronized to GPS and controlled simultaneously with RelaySimTest. This enables complete testing, including communication channels, by performing distribution automation scheme tests.

Rugged design for outdoor usage
Testing in the field demands the test set to be rugged and usable in harsh weather conditions. ARCO 400's robust enclosure makes it the ideal test set for any bucket truck. Special shock absorbing material lining the enclosure protects the float mounted main unit from many types of vibrations, shocks, or drops.

Shock absorbing material
Float mounted main unit
Rugged enclosure

19.b
Packet Pg. 703 Attachment: ARCO-400-Brochure-ENU (1) (4642 : Purchase - Omicron Electronics Corp, USA) 5 Plug-and-play setup with OMICRON Smart Connect
Safety first
The interface on ARCO 400, extension cable, and smart
controller adapter leading to the test set are safe to touch.

This is possible due to a new connector concept where no blank pins are exposed on either side.

Automatic detection by the ARCO Control software of a
missing ground connection to the test set avoids potential dangers. Additionally the software indicates when live
currents and voltages are being output.

Convenient and adaptable
The ARCO Control software allows a quick start when
executing injection tests.

You can choose from a wide range of smart controller
adapters for testing various recloser and sectionalizer controls – all equipped with OMICRON Smart Connect
technology.

Extension cables offer either 2 m / 6.5 ft or 7 m/23 ft to bridge the distance between the test set and the controller.

ARCO 400
1 disconnect
2 connect
3 test

19.b
Packet Pg. 704 Attachment: ARCO-400-Brochure-ENU (1) (4642 : Purchase - Omicron Electronics Corp, USA) 6 ARCO Control
Easy testing of controllers
ARCO Control, specifically designed for testing recloser and sectionalizer controls, is an easy to use software for ARCO 400. Commissioning and maintenance tests are easily performed through the software's comprehensive test tools.

The software is configured to allow quick testing of recloser and sectionalizer controls in the field.

The navigation menu guides you through each test sequence with step by step instructions. The test results are obtained quickly and reliably, and can then be exported for reporting purposes.

ARCO Control runs on a Windows Laptop/PC or Android tablet.

Test tools provide a wide range of functions:

Analog Output Check allows the output of
analog test quantities to perform simple
wiring checks.

The Pick-Up tool is used to test the thresholds
of recloser and sectionalizer control functions.

The Direct tool enables individual manipulation of magnitudes, phase angle and frequency of all ARCO 400 outputs for manual testing, troubleshooting, and diagnostics.

The Trip Time Characteristics tool checks the
operating characteristics and the switching
logic between a fast and slow curve.

The Restoration tool allows testing of voltage
controlled functions used in automated
distribution restoration schemes.

The Tripping Sequence tool tests the functionality of the device by simulating a full sequence to lockout, a successful reclose or
coordination with a downstream device.

The Harmonics tool tests harmonic blocking
or restraint functions by applying harmonics
of the 2nd and/or 5th order to currents and
voltages.

The Sequencer tool allows creation and
execution of custom test sequences.

19.b
Packet Pg. 705 Attachment: ARCO-400-Brochure-ENU (1) (4642 : Purchase - Omicron Electronics Corp, USA) 7 Plug-and-play start up procedure
Starting a new test is both easy and intuitive. Simply connect an ARCO 400 smart controller adapter and extension cable to ARCO 400 and the hardware will configure itself by reading the configuration associated with the smart adapter. After selecting the controller to be tested, the user has the option to input specific test data such as location, tester's name and report information. Tests can then be started right away by selecting the desired test tool.

Plug in adapter
The software recognizes the smart controller
adapter once it is connected. Only the controller to be tested has to be selected from the provided list.

Hardware configuration
ARCO 400 amplifiers and information such as
CT ratio are automatically set in the software
based on the controller selection. Pre-set nominal values can be altered if required. General data can be added in the Report Information
section (e.g. tester, location).

Starting a test
Select the desired test tool in the main menu to
test the functions in the controller.

ARCO 400
1 2
3 19.b
Packet Pg. 706 Attachment: ARCO-400-Brochure-ENU (1) (4642 : Purchase - Omicron Electronics Corp, USA) 8 ARCO Control test examples
Tripping Sequence test tool
With this test tool, the functionality of recloser and sectionalizer controls is easily ascertained for full sequence, lockout, and automatic reclosing sequences. Sectionalizer testing simulates the tripclose sequence of an upstream device. The proper timing of the recloser or sectionalizer control is measured and included in the report.

Application mode
There are two different applications that can
be tested with the Tripping Sequence test tool
(recloser or sectionalizer). When selecting the
DUT (device under test), the software also
determines which additional units will be
involved in testing. For example, the test of a
recloser with a simulated downstream recloser
is selected.

Configuration
The type of test sequence is defined in the
configuration menu. Selectable options are Full
Sequence to Lockout, Successful Reclose and
Co-ordination with Downstream Recloser.

Test screen
All configured test parameters are summarized
and clearly displayed. The test results are automatically assessed once the test has finished. 1 2
3 19.b
Packet Pg. 707 Attachment: ARCO-400-Brochure-ENU (1) (4642 : Purchase - Omicron Electronics Corp, USA) 9 Trip Time Characteristics test tool
The Trip Time Characteristics test tool checks both the operating characteristics of the recloser control and the switch logic between the fast and slow curve which occurs when a fuse-saving scheme is applied. For this, a complete test sequence is executed up to the lock out of the controller.

To test the tripping behavior of a single curve only, repeated test shots can be sent to the controller in the Trip Only mode.

Curves
The following parameters are set in this menu:
> The two curves to be tested
> The optional time additions
> The number of test shots on the fast curve
> The current pickup value
Sequence
The test is performed as a sequence. A test
sequence consists of a fixed number of shots
with pre-defined currents to test the timing of
the curve at different points.

Test screen
Once the sequence is completed with all test
shots, a graphic displays the shots recorded
and compares them to the nominal trip times.

Actual trip times are displayed for comparison
and an assessment is automatically made based
on defined tolerances.
1 2
3 19.b
Packet Pg. 708 Attachment: ARCO-400-Brochure-ENU (1) (4642 : Purchase - Omicron Electronics Corp, USA) 10 ReCoPlan
Create a new or open an existing test plan with ReCoPlan New plan: Select manufacturer and controller adapter,
add test tools to the plan and enter test values.

Existing plan: Easily adapt existing test plans by
entering controller settings in Linked Values.

Guided testing workflow
Standardized testing procedures can easily be developed through test plans which specify a predefined workflow of tests for recloser and sectionalizer controls.

Our PC-based software ReCoPlan allows you to create test plans using the available tools of ARCO Control. One additional feature with ReCoPlan is the Instruction Command which provides additional or specific information to the tester on what the test plan is to accomplish or whether an interaction is needed from the tester to complete the test procedure. Custom setting groups and values can be defined and linked to the test tools to easily modify a test plan to a recloser with different settings.

After designing the test plan in ReCoPlan, it can be saved and executed using the ARCO Control software.

Get test results
Generate detailed test reports in ReCoPlan
complying with the NERC (North American
Electric Reliability Corporation) requirements
and store or print them.
1 3

19.b
Packet Pg. 709 Attachment: ARCO-400-Brochure-ENU (1) (4642 : Purchase - Omicron Electronics Corp, USA) 11 Distribute test plan or directly
execute it from ReCoPlan*
* If this is on a different computer, send the test
plan file via email or transfer it via SD card to
ARCO Control
Execute in ARCO Control
Automatically run all
pre-defined tests
2 Your ReCoPlan benefits
> Fast and easy creation of test plans
including pre-defined test values
> Standardize testing procedures
> Reduce test time
> Include working instructions
> One combined report
> Quick modification to existing test
plans

19.b
Packet Pg. 710 Attachment: ARCO-400-Brochure-ENU (1) (4642 : Purchase - Omicron Electronics Corp, USA) 12 Compliance requirements
The new NERC PRC-005-6 standard
In North America, the NERC defines test and maintenance requirements for protection systems.

The new PRC-005-6 reliability standard requires the development of a comprehensive protection system including maintenance and testing processes, replacing PRC-005-5.

To be technically valid, maintenance programs require
documentation showing how the verified protection system segments overlap so that no segment is left unverified.

Focus on documentation requirements
The new standard alters the process of documentation of monitoring, testing, and maintaining distribution systems, underfrequency load-shedding systems and undervoltage
load-shedding systems. This includes protection systems, such as automatic reclosing and sudden pressure relaying, which affect the reliability of the Bulk Electric System (BES).

ARCO 400 provides functionality that supports all PRC-005-6 requirements.

Grid operators all over the world need to meet national compliance requirements for maintenance and documentation of the protection system. One of the hardest standards is the NERC (North American Electric Reliability Corporation) PRC-005-6.

Comply with documentation requirements
Offering user-friendly access to all information and documentation, the ADMO database software enables central planning and management of testing and maintenance
activities for protection systems in the power industry.

With this database you can manage the following protection system components: auto-reclosers, protective relays, communication systems, control circuitry, current and
voltage transformers, circuit breakers, station DC supplies, and energy meters.

Exchange your documents with various platforms
ADMO supports the storing and management of
ARCO 400 data and testing results, as well as third-party test documents and documents individually created in
Microsoft Excel, Microsoft Word or Adobe Acrobat (PDF)
file formats. Graphic files can also be attached (e.g. photos of the test set-up, screenshots).

ADMO is an easy-to-use database software for central planning and management of all testing and maintenance activities for protection systems in the power industry

19.b
Packet Pg. 711 Attachment: ARCO-400-Brochure-ENU (1) (4642 : Purchase - Omicron Electronics Corp, USA) 13 Distribution automation scheme testing
Testing protection and communication
With the increase of distribution automation schemes being implemented due to Smart Grid requirements, modern
auto-reclosers must use complex algorithms to adapt to
the network and failures. Simple function tests of single controllers are not sufficient for testing the automation functionality. Instead, synchronized injection into the controllers involved in the automation scheme is required to test not only the switching logic, but also the communication channels which are an essential part of the scheme.

Benefit from a novel testing approach
RelaySimTest is a unique software for system-based,
distributed protection testing in the field that covers these new demands. Its unique approach can reveal failures in the logic of the switching scheme as well as communication issues, requiring only a minimum amount of test steps.

System-based testing does not depend on recloser type,
manufacturer, or the detailed parameters of a single
controller. The correct tripping and closing behavior is the only variable that is of concern.

19.b
Packet Pg. 712 Attachment: ARCO-400-Brochure-ENU (1) (4642 : Purchase - Omicron Electronics Corp, USA) 14 Ordering options
Description Basic
P0000652
Standard
P0000653
Advanced
P0000654 Order No.

ARCO 400 test set
3 x 12.5 A
ARCO Control software
Includes grounding cable and accessories ■ ■ ■
6 x 8 V
6 x 8 V amplifier
For testing of controls that require low-energy
analog voltage amplitudes
■
or
■
■
or
■
■
or
■
Choose1
amplifier
6 x 8 V range
6 x 150 V
6 x 8 V and 6 x 150 V amplifiers
For testing of controls that use either lowenergy analog and/or conventional voltage amplitudes
Extension cable 2 m / 6.5 ft
To connect the ARCO 400 to a Controller
Adapter ■
or
■
■
or
■
■
or
■
Choose1
cable
length Extension cable 7 m / 23 ft
To connect the ARCO 400 to a Controller
Adapter
ReCoPlan license for ARCO 400
Enables creation and execution of test plans
to standarize testing procedures and reduce
testing time
■ ■
P0006610
RelaySimTest license for ARCO 400
Enables synchronized distributed scheme
testing with RelaySimTest
■
P0008699
CMGPS 588 synchronization unit
Accessory to time-synchronize the ARCO 400
■
P0006433
RVO2 Voltage generator combination cable
To wire voltages into a controller with external
voltage inputs (only for supported adapters)
P0006181
BOB2 Breakout box
To access the ARCO 400 inputs and outputs via
4 mm/0.15 in banana plugs
P0006420
Carry bag
Holds ARCO 400 accessories, extension cable
and several Controller Adapters ■ ■ ■
E1445801
Transport case
For ARCO 400 and carry bag
B1445902
1 during test set configuration

19.b
Packet Pg. 713 Attachment: ARCO-400-Brochure-ENU (1) (4642 : Purchase - Omicron Electronics Corp, USA) 15 For a full list of available adapters please check our website www.omicronenergy.com/arco400 or contact us.

ARCO 400 smart controller adapters
ARCO 400 smart controller adapters with OMICRON Smart Connect technology are offered for testing of recloser and sectionalizer controls with different pin interfaces. This enables testing of the widest range of controllers including:

Pin Count Switch/Breaker type Suitable for controllers such as Adapter Order No. 10 G&W Viper SP
T&B Elastimold MVR
SEL 351RS Kestrel RVP21, 2 P0006414
14 Cooper NOVA
G&W Viper S
T&B Elastimold MVR
Eaton/Cooper Form 4C, 4D, 5, 6
SEL 351R, 651R, 651RA
RST21, 2 P0006401
19 Cooper NOVA
G&W Viper S
Eaton/Cooper Form 4C, 4D, 5, 6
SEL 651R
RCP21, 2 P0006402
24 ABB GridShield ABB RER620 RGS21, 2 P0006411
24 Schneider N-/U-/RL-/WSeriesSchneider ADVC
Nu-Lec PTCC
RNU2 P0006405
24 ABB OVR-3/3SP
ABB VR-3S
ABB PCD3
SEL 651R
ROV21, 2 P0006412
24 S&C ScadaMate S&C 5801
S&C 6801
RSM22 P0006413
26 Cooper NOVA-TS/STS Eaton/Cooper TS/STS
Eaton/Cooper Form 5, 6
SEL 651R
RCS21, 2 P0006403
32 NOJA OSM-xx-3xx NOJA RC 10 RNO2 P0006407
32 Tavrida REC/TEL/KTR
NOJA OSM-xx-2xx
Tavrida RC 05
NOJA RC-01
RTA2 P0006408
32 Tavrida Al_2 SEL 651R RTO2 P0006406
32 G&W Viper ST/LT
T&B Elastimold MVR
SEL 651R RVT21, 2 P0006404
40 Siemens 3AD
Siemens SDR
Siemens 7SR224, 7SC80
SEL 651R
RSR21, 2 P0006421
42 G&W Viper ST/LT
T&B Elastimold MVR
Tavrida Al_4
SEL 651R RMI2 P0006409
1 Requires RVO2 Voltage Generator Combination Cable (see page 14) if controller is equipped with a separate voltage input connector 2 Possibly requires the ARCO 400 to be equipped with the 6 x 150 V Option (see page 14) 3 Only controllers without the block close function from yellow handle (69 switch) are supported

19.b
Packet Pg. 714 Attachment: ARCO-400-Brochure-ENU (1) (4642 : Purchase - Omicron Electronics Corp, USA) 16 Technical data ARCO 400
Current amplifier
Number of outputs 3
Ranges Range I: 0 ... 1.25 A
Range II: 0 ... 12.5 A
Range III: 0 ... 8 V
Frequency range 0 ... 599 Hz
Amplitude accuracy
Error typical Error guaranteed
50/60 Hz < 0.04 % of rd.1
+ 0.01 % of rg.1
< 0.08 % of rd.
+ 0.02 % of rg.

THD+N at 50/60Hz < 0.1 % < 0.25 %
Phase error to UTC
50/60 Hz < 0.05° < 0.2°
DC offset
Range I < 100 μA < 300 μA
Range II < 1 mA < 3 mA
DC resolution
Range I < 100 μA
Range II < 1 mA
Output power
Compliance voltage > 12 V (RMS)
> 18 V (DC)
Output power AC Typical: 3 x 95 W at 9 A ... 12.5 A
Guaranteed: 3 x 85 W at 8 A ... 12.5 A
Voltage amplifier
Number of outputs 6
Ranges Range I: 0 ... 8 V
Range II 2: 0 ... 150 V
Frequency range 0 ... 599 Hz
Amplitude accuracy
Error typical Error guaranteed
50/60 Hz < 0.04 % of rd.
+ 0.01 % of rg.
< 0.08 % of rd.
+ 0.02 % of rg.

THD+N at 50/60Hz < 0.1 % < 0.25 %
Phase error to UTC
50/60 Hz < 0.05° < 0.2°
DC offset
Range I < 500 μV < 1 mV
Range II < 10 mV < 20 mV
DC resolution
Range I < 500 μV
Range II < 10 mV
Output power (Range II)
Per channel Typical: 280 mA
Guaranteed: 250 mA
Output power AC Typical: 3 x 42 W at 150 V
Guaranteed: 3 x 37.5 W at 150 V
ARCO 400
1 rd. = reading, rg. = range 2 Hardware option

19.b
Packet Pg. 715 Attachment: ARCO-400-Brochure-ENU (1) (4642 : Purchase - Omicron Electronics Corp, USA) 17 Binary inputs
Number of binary inputs 6
Number of potential groups 6
Type Wet
Sampling frequency 10 kHz
Time resolution 100 μs
Rated input voltage 250 V CAT III
Resolution 1 V
Threshold voltage range 5 ... 250 V
Input impedance Configurable
Insulation 6 galvanically isolated binary inputs
Binary output relays
Number of binary outputs 9
Number of potential groups 3
Type Potential-free contacts, NO
Contact rating 250 V/0.5 A
Total make time < 6 ms
Total break time < 3 ms
All input / output values are guaranteed for one year within an ambient temperature of 23 °C ± 5 °C / 73 °F ± 10 °F.

Accuracy values indicate that the error is smaller than ± [(read value x reading error) + (range setting x range error)].

Equipment reliability
EMC IEC 61326-1, CISPR 22,
FCC Subpart B of Part 15 Class A
Shock 30 g (11 ms half sine) according to
IEC 60068-2-7
Vibration 5 g (10 Hz – 2000 Hz) according to
IEC 60068-2-64
Drop test 2 drops (transport position)

0.5 m/1.6 ft
IEC 60068-2-31
Power supply and mechanical data
Single-phase, nominal 100 ... 240 VAC
Single-phase, permissible 85 ... 264 VAC
Current, nominal 10 A max. at < 170 V
8 A max. at > 170 V
Frequency, nominal 50/60 Hz
Weight 10 kg/22 lbs
Dimensions (W × H × D) 200 × 350 × 455 mm/

7.9 × 13.8 × 17.9 in
Ingress protection rating IP31 (IP32 with front cover)
Environmental conditions
Operating temperature -10 °C ... +50 °C/+14 °F ... +122 °F Storage and transportation -25 °C ... +70 °C/ -13 °F ... +158 °F Maximum altitude
Operating
Non-operating
4 000 m/13 000 ft
15 000 m/49 000 ft
Humidity 5 % … 95 % relative humidity;
no condensation

19.b
Packet Pg. 716 Attachment: ARCO-400-Brochure-ENU (1) (4642 : Purchase - Omicron Electronics Corp, USA) 100%
routine testing for all test
set components
ISO 9001
ISO 14001
OHSAS 18001
TÜV & EMAS
Compliance with international standards
15%
of our annual sales is reinvested in
research and development
More than
ISO 9001
You can rely on the
highest safety and
security standards
72 %
hours burn-in tests before delivery
Superior reliability
with up to 200
More than
developers
keep our solutions up-to-date
70%
Save up to
testing time through templates, and
automation
Quality Innovation
We create customer value through ...
... a product portfolio tailored to my needs
I need...

19.b
Packet Pg. 717 Attachment: ARCO-400-Brochure-ENU (1) (4642 : Purchase - Omicron Electronics Corp, USA) Professional technical support at any time
Loaner devices
help to reduce
downtime
300
???
Academy and numerous hands-on
trainings per year
More than
Cost-eff ective and straight-forward repair
and calibration
Frequently OMICRON
hosted user meetings,
seminars and
conferences
25 offi ces worldwide for local contact and
support
Support Knowledge
to thousands of technical papers and
application notes
Free
access
Extensive expertise in consulting, testing
and diagnostics

19.b
Packet Pg. 718 Attachment: ARCO-400-Brochure-ENU (1) (4642 : Purchase - Omicron Electronics Corp, USA) The following publications provide further information on the solutions described in this brochure:

For more information, additional literature, and detailed contact information of our worldwide offices please visit our website.
www.omicronenergy.com Subject to change without notice.

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

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

Founded in 1984, OMICRON draws on their decades of profound expertise in the field of electric power engineering.

A dedicated team of more than 900 employees provides solutions with 24/7 support at 25 locations worldwide and serves customers in more than 160 countries.

RelaySimTest ADMO
RelaySimTest
Software for system-based protection testing
ADMO
Intelligent data management for electrical power systems with optional time grading
© OMICRON L4010, 01 2022
.

L4010

19.b
Packet Pg. 719 Attachment: ARCO-400-Brochure-ENU (1) (4642 : Purchase - Omicron Electronics Corp, USA) ITEM NO. 20

STAFF REPORT
DATE: SEPTEMBER 17, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TOM CODY, HUMAN RESOURCES DIRECTOR
SUBJECT: APPROVE POST FY 2024/25 BUDGET NEW CLASSIFICATION AND

RECLASSIFICATION REQUESTS, FOR THE FOLLOWING CITY
DEPARTMENTS: ELECTRIC UTILITY, PUBLIC WORKS – WATER

UTILITIES, CITY CLERK, COMMUNITY SERVICES, AND
FINANCE.

RECOMMENDED ACTION
Staff recommends that the City Council take the following action:

Staff recommends that the City Council approve the new classification and reclassification requests, with the approved position list, classifications, and salary schedule.

BACKGROUND
During the 2024/25 Budget preparation process, various City Departments requested additional classifications, reclassification, and a reorganization of the Water Utilities Division for 27 requests. Some of these requests made it through the process and were included in the final 2024/25 fiscal year budget. However, many did not, and Human Resources has been working diligently to review them and prepare them for presentation for City Council consideration.

ISSUES/ANALYSIS
Electric Utility Department: The following staff changes are proposed:

1. Joint Pole Coordinator – New Classification, Electric Department: $83,321 - $101,277 The Joint Pole Coordinator was approved with the 2024/25 budget, pending completion of the new classification and salary range. The classification and salary range are included in the revised salary table. This position will perform various 20 Packet Pg. 720
Staff Report to the Mayor and City Council
New/Reclassifications - Multiple Departments
September 17, 2024